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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; however, armed insurgents control portions of the country. The country held presidential elections in September 2019 after technical issues and security requirements compelled the Independent Election Commission to reschedule the election multiple times. The commission announced preliminary election results on December 22, 2019, indicating that President Ashraf Ghani had won, although runner-up and then chief executive Abdullah Abdullah disputed the results, including after final results were announced February 18. Both President Ghani and Abdullah declared victory and held competing swearing-in ceremonies on March 9. Political leaders mediated the resulting impasse, ultimately resulting in a compromise, announced on May 17, in which President Ghani retained the presidency, Abdullah was appointed to lead the High Council for National Reconciliation, and each of them would select one-half of the cabinet members.

Three governmental entities share responsibility for law enforcement and maintenance of order in the country: the Ministry of Interior, the Ministry of Defense, and the National Directorate of Security. The Afghan National Police, under the Ministry of Interior, has primary responsibility for internal order and for the Afghan Local Police, a community-based self-defense force with no legal ability to arrest or independently investigate crimes. In June, President Ghani announced plans to subsume the Afghan Local Police into other branches of the security forces provided individuals can present a record free of allegations of corruption and human rights abuses. As of year’s end, the implementation of these plans was underway. The Major Crimes Task Force, 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 National Directorate of Security functions as an intelligence agency and has responsibility for investigating criminal cases concerning national security. Some areas of the country were outside of government control, and antigovernment forces, including the Taliban, instituted their own justice and security systems. Civilian authorities generally maintained control over the security forces, although security forces occasionally acted independently. Members of the security forces committed numerous abuses.

Although armed conflict continued in the country, on September 12, representatives of the Islamic Republic of Afghanistan and the Taliban commenced Afghan peace negotiations. Before and during negotiations, armed insurgent groups conducted major attacks on government forces, public places, and civilians, killing and injuring thousands. There were also targeted attacks on women leading up to the start of the negotiations, including an assassination attempt on Fawzia Koofi, one of four women on the Islamic Republic of Afghanistan’s negotiating team, and two incidents during the Loya Jirga (grand council) in August in which parliamentarian Belqis Roshan was assaulted and violent threats were made against delegate Asila Wardak. Since November 7, unknown actors killed eight journalists and activists in targeted killings, three of whom were killed between December 21 and 24. Many of the attacks were unclaimed; the Taliban denied involvement.

Significant human rights issues included: killings by insurgents; extrajudicial killings by security forces; forced disappearances by antigovernment personnel; reports of torture and cases of cruel, inhuman, or degrading punishment by security forces and antigovernment entities; arbitrary detention by government security forces and insurgents; serious abuse in internal conflict, including killing of civilians, enforced disappearances and abductions, torture and physical abuses, and other conflict-related abuses; serious acts of corruption; lack of investigation of and accountability for cases of violence against women, including those accused of so-called moral crimes; recruitment and use of child soldiers and sexual abuse of children, including by security force members and educational personnel; trafficking in persons; violence targeting members of ethnic minority groups; violence by security forces and other actors against lesbian, gay, bisexual, transgender, and intersex persons; existence and use of laws criminalizing consensual same-sex sexual conduct; and the existence of the worst forms of child labor.

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

Antigovernment elements continued to attack religious leaders who spoke out against the Taliban. During the year many progovernment Islamic scholars were killed in attacks for which no group claimed responsibility. Nonstate armed groups, primarily the Taliban and Islamic State in Khorasan Province, accounted for most child recruitment and used children younger than age 12 during the year. Insurgent groups, including the Taliban, increasingly used children as suicide bombers. Antigovernment elements threatened, robbed, kidnapped, and attacked government workers, foreigners, medical and nongovernmental organization workers, and other civilians. The UN Assistance Mission in Afghanistan reported 5,939 civilian casualties in the first nine months of the year, with approximately 59 percent of these casualties attributed to antigovernment actors. The Taliban did not claim responsibility for civilian casualties. The Taliban referred to their attacks as “martyrdom operations.”

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 that the government or its agents committed arbitrary or unlawful killings. The Attorney General’s Office maintains a military investigation and prosecution office for cases involving entities of the Ministry of Interior. The Ministry of Defense maintains its own investigation authority as well as prosecution at the primary and appellate level; at the final level, cases are forwarded to the Supreme Court.

In January security forces in Kandahar Province reportedly killed a young girl and later her father, who approached the local army base apparently to condemn the killing. Security forces did not offer an explanation for the killings. Security forces fired upon and wounded at least one of the community members who protested the killings. Authorities committed to investigate the killings, but there was no update available as of October. The Australian Broadcasting Corporation (ABC) reported in March that Australian Special Air Service Regiment (SAS) members killed several locals either after they had surrendered or while they were in SAS detention in 2012. Witnesses alleged that in one such incident, SAS members shot and killed an imam and his son following evening prayers. In July the ABC additionally reported SAS members killed unarmed civilians in Kandahar Province in 2012.

During the year unknown actors carried out a number of targeted killings of civilians, including religious leaders, journalists, and civil society advocates (see section 1.g.).

b. Disappearance

There were no reports of disappearances committed by security forces.

The UN Assistance Mission in Afghanistan (UNAMA) noted an increase in abductions of civilians carried out by the Taliban in the first six months of the year, compared with the same period in the previous year, and a fivefold increase over the same period of the previous year of casualties resulting from abduction. UNAMA reported seven adult men were abducted from their village in Herat Province on March 6 and subsequently killed by the Taliban.

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.

Nongovernmental organizations (NGOs) reported security forces continued to use excessive force, including torturing and beating civilians. Despite legislation prohibiting these acts, independent monitors continued to report credible cases of torture in detention centers. According to local media, lawyers representing detainees in detention centers alleged in July that torture remained commonplace and that detainees were regularly questioned using torture methods.

There were numerous reports of torture and cruel, inhuman, and degrading punishment by the Taliban, ISIS-K, and other antigovernment groups. UNAMA reported that punishments carried out by the Taliban included beatings, amputations, and executions. The Taliban held detainees in poor conditions and subjected them to forced labor, according to UNAMA.

On January 30, a video was posted showing a woman being stoned to death. The president’s spokesman attributed the attack to the Taliban; the Taliban denied involvement.

Impunity was a significant problem in all branches of the security forces. Despite the testimony of numerous witnesses and advocates that service members were among the most prevalent perpetrators of bacha bazi (the sexual and commercial exploitation of boys, especially by men in positions of power), the government had never prosecuted a security officer for these acts, although eight officers were arrested during the year in connection with bacha bazi incidents.

In July, as a part of a political agreement between President Ghani and Abdullah, the government promoted Abdul Rashid Dostum to the rank of marshal, the country’s highest military rank. Dostum had been accused of gross violations of human rights, including the abduction and rape of a political opponent, but the government did not carry out an investigation.

Prison and Detention Center Conditions

Prison conditions were harsh due to overcrowding, lack of sanitation, and limited access to medical services. The General Directorate of Prisons and Detention Centers (GDPDC), part of the Interior Ministry, has responsibility for all civilian-run prisons (for both men and women) and civilian detention centers. The Ministry of Justice’s Juvenile Rehabilitation Directorate is responsible for all juvenile rehabilitation centers. The National Directorate of Security (NDS) operates short-term detention facilities at the provincial and district levels, usually colocated with its 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 Afghan National Defense and Security Forces (ANDSF) and used for abuse of detainees. The Taliban also maintain illegal detention facilities throughout the country.

Physical Conditions: Overcrowding in prisons continued to be a serious, widespread problem. On April 21, the general director of prisons stated the country’s prisons suffered from widespread abuses, including corruption, lack of attention to detainees’ sentences, sexual abuse of underage prisoners, and lack of access to medical care. Prisoners in a number of prisons occasionally conducted hunger strikes or sewed their mouths shut to protest their detention conditions.

In October inspectors reportedly identified a contaminated drinking water supply at Pul-e Charki Prison. The water was reportedly contaminated by an overflow of sewage at a nearby water treatment plant that was not adequately addressed due to low standards of safety and maintenance.

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, authorities held children younger than age 15 in prison with their mothers, due in part to a lack of capacity of separate 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.

From March 11 to September 16, a total of 7,237 prisoners and detainees were released from 32 facilities across the country in an effort to protect these individuals from COVID-19 and slow the spread of the virus. At year’s end it was unknown how many were returned to custody. The majority were given reduced sentences or qualified for bail and did not have to return to prison.

As part of an exchange establishing conditions for peace talks between the government and the Taliban, the government released nearly 5,000 Taliban prisoners between March and September. The Taliban released 1,000 government prisoners between March and July as part of its commitments in the agreement.

Administration: Authorities conducted some investigations of credible allegations of mistreatment. 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. Additionally, most prisons did not allow family visits.

Independent Monitoring: The Afghan Independent Human Rights Commission (AIHRC), UNAMA, and the International Committee of the Red Cross monitored the NDS, Ministry of Interior, Ministry of Justice, and Ministry of Defense detention facilities. NATO Resolute Support Mission monitored NDS, Afghan National Police (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 documenting physical evidence of abuse, such as bruises, scars, and other injuries.

Improvements: The Office of Prisons Administration dedicated human rights departments at each facility to monitor and address problems.

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 without regard to substantive procedural legal protections. Local law enforcement officials reportedly detained persons illegally on charges that have no basis in applicable criminal law. In some cases authorities improperly held women in prisons 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.

There were reports throughout the year of impunity and lack of accountability by security forces. According to observers, Afghan Local Police (ALP) and ANP personnel were largely unaware of their responsibilities and defendants’ rights under the law, since many were illiterate and lacked training. Accountability of NDS, ANP, and ALP officials for torture and abuse was weak, not transparent, and rarely enforced. Independent judicial or external oversight of the NDS, Major Crimes Task Force, 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, including persons being detained without judicial authorization. Authorities often did not inform detainees of the charges against them.

Justice-sector actors and the public lacked widespread understanding and knowledge of the penal code, which took effect in 2018 to modernize and consolidate criminal laws.

The 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 may 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 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 20 days for a misdemeanor and 60 days for a felony. The prosecutor must file an indictment or release the suspect within those deadlines; there may be no further extension of the investigatory period if the defendant is already in detention. After a case is referred to the court, the court may issue detention orders not to exceed a total of 120 days for all court proceedings (primary, appeal, and Supreme Court stages). Compliance with these time limits was difficult to ascertain in the provincial courts. In addition there were multiple reports that judges often detained prisoners after their sentences were completed because bribes for release were not 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 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 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. In addition some victims of bacha bazi were charged with “moral crimes” and treated as equally responsible perpetrators as the adult.

There were reports of children being abused while in custody, to include girls who were raped and became pregnant. Following the capture of ISIS-K fighters and family members in 2019, children of ISIS-K fighters (including girls married to ISIS-K fighters) were sometimes detained in special centers. The government registered some of these children in school, but most were not registered and did not receive adequate care. In addition child soldiers pressed into service with ISIS-K, the Taliban, or other groups were imprisoned without regard to their age. There was no established program for their reintegration into society. According to advocates, following their interception by government forces, all child soldiers from militia groups are initially placed into an NDS detention facility and are sometimes transferred to juvenile rehabilitation centers and later to a shelter run by the Ministry of Labor and Social Affairs. An estimated 125 children were held at the detention facility during the year, 30 were held at the shelter, and there was no reliable estimate of how many children were at the juvenile centers. Child soldiers affiliated with ISIS-K remained in the NDS detention facility.

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, 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 Sunni Islamic law) and within the limits set by the constitution, rule in a manner that best attains justice in the case. 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.

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.

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. World Justice Project’s annual report, released in July, found that in 2019 59 percent of those surveyed considered judges or magistrates to be corrupt; corruption was considered by those surveyed to be the most severe problem facing criminal courts.

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 in the judiciary, and often criminals 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 are unable to use the formal justice system because cultural norms preclude their engagement with male officials. During the year only 254 of 2,010 judges were women, a slight decrease from 2019. The formal justice system is stronger in urban centers, closer to the central government, and weaker in rural areas. In rural areas, police operated unchecked with almost unlimited authority. Courts and police 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.

In major cities courts continued to decide criminal cases. Authorities frequently resolved civil cases using the informal system, the government mediation mechanism through the Ministry of Justice Huquq (civil rights) Office, or in some cases through negotiations between the parties facilitated by judicial personnel or private lawyers. Because the formal legal system often does not exist in rural areas, local elders and shuras (consultative gatherings, usually of men selected by the community) are 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 that included domestic abuse reoffended after their claims were resolved by mediation.

In areas it controlled, the Taliban enforced a parallel judicial system based on a strict interpretation of sharia. Punishments included execution and mutilation. According to UNAMA, in June, Taliban courts convicted two men in Faryab Province of different crimes. In both cases the men were brought before a crowd, and a Taliban member pronounced their death sentences; the men were immediately executed by public hanging.

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. The law requires judges to provide five days’ notice prior to a hearing, but judges did not always follow this requirement, and many citizens complained that legal proceedings often dragged on for years.

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 applied. 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 Province 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.

In areas controlled by the Taliban, according to Human Rights Watch, the Taliban established courts that rely on religious scholars to adjudicate cases or at times referred cases to traditional dispute resolution mechanisms. Taliban courts include district-level courts, provincial-level courts, and a tamiz, or appeals, court located in a neighboring country.

According to Human Rights Watch, the Taliban justice system is focused on punishment, and convictions often resulted from forced confessions in which the accused is abused or tortured. At times the Taliban imposed corporal punishment for serious offenses, or hudud crimes, under an interpretation of sharia.

Political Prisoners and Detainees

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

During the year the Taliban detained government officials, individuals alleged to be spying for the government, and individuals alleged to have associations with the government. For political cases, according to NGOs, there were no official courts; cases were instead tried by Taliban military commanders.

Civil Judicial Procedures and Remedies

Corruption and limited capacity restricted citizen access to justice for constitutional and human rights abuses. Citizens may submit complaints of human rights abuses to the AIHRC, which reviews and submits credible complaints to the Attorney General’s Office for further investigation and prosecution. Some female citizens reported that when they approached government institutions with a request for service, government officials, in turn, demanded sexual favors as quid pro quo.

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 the Taliban routinely used civilian homes as shelters, bases of operation, and shields. There were also reports the Taliban, ISIS-K, and ANDSF used schools for military purposes.

g. Abuses in Internal Conflict

Continuing internal conflict resulted in civilian deaths, abductions, prisoner abuse, property damage, displacement of residents, and other abuses. The security situation remained a problem largely due to insurgent and terrorist attacks. According to UNAMA, actions by nonstate armed groups, primarily the Taliban and ISIS-K, accounted for the majority of civilian deaths.

After the signing of the U.S.-Taliban Agreement and the issuance of the U.S.-Afghanistan Joint Declaration on February 29, attacks against U.S. and coalition forces largely stopped, but violence against Afghan security forces and civilians continued, even after the start of intra-Afghan negotiations on September 12.

Killings: UNAMA counted 2,117 civilian deaths due to conflict during the first nine months of the year, compared with 2,683 during the same period in 2019. During this period, UNAMA documented 1,274 civilian casualties resulting from nonsuicide improvised explosive device (IED) attacks perpetrated by antigovernment forces (456 deaths and 818 injured). UNAMA attributed 59 percent of civilian casualties in the first nine months of the year to antigovernment forces, including the Taliban and ISIS-K, 27 percent to progovernment forces, and 14 percent to cross fire and other sources. UNAMA documented a 46 percent decrease in the total number of civilian casualties due to all airstrikes in the first nine months of the year, compared with the same period in 2019, but documented a 70 percent increase in civilian casualties (349) and a 50 percent increase in civilians killed (156) from airstrikes by the Afghan Air Force in the first nine months of the year, compared with the same period in 2019.

The AIHRC stated that an airstrike in Takhar Province by Afghan forces on October 21 killed 12 children and wounded 18 others at a religious school and mosque. The mosque’s imam was among the wounded. The attack reportedly targeted Taliban fighters. First Vice President Amrullah Saleh initially rejected reports of civilian casualties, stating the attack had targeted a Taliban installation, but the Ministry of Defense declared it had assigned an investigation team to assess allegations of civilian casualties.

During the year antigovernment forces carried out a number of deadly attacks against religious leaders, particularly those who spoke out against the Taliban. Many progovernment Islamic scholars were killed in attacks during the year for which no group claimed responsibility. In June, three imams and a number of worshippers were killed in separate attacks on two mosques in Kabul, and seven students were killed by a bomb at a seminary in Takhar Province.

Antigovernment elements continued to attack civilian targets. On April 21 in Nangarhar Province, the Taliban detonated an IED inside a private pharmacy, wounding eight civilians, including a doctor from the local hospital. The owners reportedly had refused to provide the Taliban an extortion payment.

Antigovernment elements continued targeting hospitals and aid workers. In the first six months of the year, UNAMA documented 36 incidents affecting health-care facilities and personnel. UNAMA attributed the majority of these incidents to the Taliban.

On May 12, three gunmen attacked a maternity clinic in a Hazara Shia neighborhood in Kabul run by Doctors Without Borders (MSF), killing 24 mothers, newborns, and a health-care worker. No group claimed responsibility. In June the MSF announced it would close the clinic.

On May 19, the Afghan Air Force conducted an airstrike in Kunduz Province outside a hospital, killing and wounding Taliban who were seeking medical care, as well as killing at least two civilians at the hospital.

On November 22, gunmen detonated explosives and fired upon students, staff, and others, killing 35 and wounding at least 50, at Kabul University. During the attack students and faculty were taken hostage, according to press reports. The attack was later claimed by ISIS-K.

Antigovernment elements also continued to target government officials and entities, as well as political candidates and election-related activities, throughout the country. Media reported five staff members of the Attorney General’s Office, including two who reportedly had served as prosecutors, were ambushed and killed in their vehicle in Kabul on June 22. No one claimed responsibility, and a Taliban spokesperson denied any involvement, adding that the peace process had many enemies and that the Taliban, too, would “investigate.” On October 3, a car bomb targeting a government administrative building in Nangarhar Province killed at least 15, including at least four children. Most of the casualties were civilians; no group claimed responsibility. On December 15, Kabul deputy governor Mahbubullah Muhibbi was killed in a bomb blast in Kabul. On December 21, at least 10 persons were killed and 52 wounded in an attack on the convoy of lower house of parliament member Khan Mohammad Wardak. No group claimed responsibility for either attack.

Abductions: In January a three-year-old boy was kidnapped for ransom in Kabul. Businesswomen reported they faced a constant threat of having their children abducted and held for ransom. The UN secretary-general’s 2019 Children and Armed Conflict Report, released in June, cited 14 verified incidents of child abduction, all of which were of boys as young as 11. Of the abductions, 12 were attributed to the Taliban and one each to the ANP and a progovernment militia.

Seven reported abductions of currency exchangers in Herat during the year prompted the currency exchangers there to strike in October to protest.

Antigovernment groups regularly targeted civilians, including using IEDs to kill and maim them. Land mines, unexploded ordnance, and explosive remnants of war (ERW) continued to cause deaths and injuries. UNAMA reported 584 civilian casualties caused by unlawful pressure-plate IEDs by antigovernment elements, mostly attributed to the Taliban, during the first nine months of the year, a 44 percent increase compared with the same period in 2019. The state minister for disaster management and humanitarian affairs reported that approximately 125 civilians were killed or wounded by unexploded ordnance per month, and more than 730 square miles still needed to be cleared, which included both previously identified ERW areas as well as newly contaminated ranges. Media regularly reported cases of children killed and injured after finding unexploded ordinance.

UNAMA reported civilian casualties from ERW in the first nine months of the year accounted for 5 percent of all civilian casualties and caused 298 civilian casualties, with 86 deaths and 212 injured. Children comprised more than 80 percent of civilian casualties from ERW.

Child Soldiers: Under the penal code, recruitment of children in military units carries a penalty of six months to one year in prison. UNAMA reported the ANDSF and progovernment militias recruited and used 11 children during the first nine months of the year, all for combat purposes. Media reported that local progovernment commanders recruited children younger than age 16. NGOs reported security forces used child soldiers in sexual slavery roles. The country remained on the Child Soldiers Prevention Act List in the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/. The Taliban and other antigovernment groups regularly recruited and trained children to conduct attacks.

The ANP took steps that included training staff on age-assessment procedures, launching an awareness campaign on underage recruitment, investigating alleged cases of underage recruitment, and establishing centers in some provincial recruitment centers to document cases of attempted child enlistment. The government operated child protection units (CPUs) in all 34 provinces; however, some NGOs reported these units were not sufficiently equipped, staffed, or trained to provide adequate oversight. The difficult security environment in most rural areas prevented oversight of recruitment practices at the district level; CPUs played a limited oversight role in recruiting. Recruits underwent an identity check, including an affidavit from at least two community elders that the recruit was at least 18 years old and eligible to join the ANDSF. The Ministries of Interior and Defense also issued directives meant to prevent the recruitment and sexual abuse of children by the ANDSF. Media reported that in some cases ANDSF units used children as personal servants, support staff, or for sexual purposes. Government security forces reportedly recruited boys specifically for use in bacha bazi in every province of the country.

According to UNAMA, the Taliban and ISIS-K continued to recruit and use children for front-line fighting and setting IEDs. While the law protects trafficking victims from prosecution for crimes committed as a result of being subjected to trafficking, there were reports the government treated child former combatants as criminals as opposed to victims of trafficking. Most were incarcerated alongside adult offenders without adequate protections from abuse by other inmates or prison staff.

UNAMA verified the recruitment of 144 boys by the Taliban in the first nine months of the year. In some cases the Taliban and other antigovernment elements used children as suicide bombers, human shields, and to emplace IEDs, particularly in southern provinces. Media, NGOs, and UN agencies reported the Taliban tricked children, promised them money, used false religious pretexts, or forced them to become suicide bombers. UNAMA reported the Taliban deployed three boys in February to conduct a suicide attack against an ALP commander in Baghlan Province. One of the children accidentally detonated his IED before reaching the ceremony, killing all three children. See also the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Other Conflict-related Abuse: The security environment continued to make it difficult for humanitarian organizations to operate freely in many parts of the country. Violence and instability hampered development, relief, and reconstruction efforts. Insurgents targeted government employees and aid workers. NGOs reported insurgents, powerful local individuals, and militia leaders demanded bribes to allow groups to bring relief supplies into their areas and distribute them.

In contrast with previous years, polio vaccination campaigns were not disrupted by the conflict (the Taliban had previously restricted house-to-house vaccination programs). Routine immunization services at health facilities and other immunization campaigns, however, were interrupted by the COVID-19 pandemic, and only half of the provinces received vaccination coverage. According to the Ministry of Public Health, there were 46 new reported cases of polio during the year.

The Taliban also attacked schools, radio stations, and government offices. On February 3, the Taliban burned a girls’ school in Takhar Province. In July the Taliban burned a school in the same province after using it as cover to attack ANDSF. On August 20, the Taliban prevented approximately 200 female university applicants in Badakshan Province from taking their university entrance exams by threatening them with fines. Some of these women were ultimately taken to another location in the province to take the exam.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Speech: The law provides for freedom of speech, and the country has a free press. There were reports authorities at times used pressure, regulations, and threats to silence critics. Criticism of the central government was regular and generally free from restrictions, but criticism of provincial governments was more constrained, where local officials and power brokers exerted significant influence and authority to intimidate or threaten their critics, both private citizens and journalists. Discussion of a political nature was more dangerous for those living in contested or Taliban-controlled areas. Government security agencies increased their ability to monitor the internet, including social media platforms, although the monitoring did not have a perceptible impact on social media use.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. Implementation of the Access to Information Law, which provides for public access to government information, remained inconsistent, and media reported consistent failure by the government to meet the requirements of the law. Government officials often restricted media access to government information or simply ignored requests. UNAMA, Human Rights Watch, and Reporters without Borders (RSF) reported the government did not fully implement the law, and therefore journalists often did not receive access to information they sought. Furthermore, journalists stated government sources shared information with only a few media outlets. Human Rights Watch criticized the arrest of a government employee who was alleged by First Vice President Amrullah Saleh to have spread false information about the October 21 attack on a school and mosque in Takhar that resulted in civilian deaths.

Journalists faced the threat of harassment and attack by ISIS-K, the Taliban, and government-linked figures attempting to influence how they were covered in the news. The Afghanistan Journalists’ Council said that during the year journalists’ social media accounts were hacked and journalists were threatened by the Office of the National Security Council.

On May 30, a journalist and a driver from Khurshid TV were killed when their vehicle, carrying 15 employees of the station, was hit by a roadside bomb in Kabul. Four other employees of the station were wounded. ISIS-K claimed responsibility for the attack.

On November 12, an explosive in Lashkargah city killed Radio Azadi reporter Ilias Daee, as well as his brother. Journalist Malala Maiwand was killed by gunmen on December 10 in Jalalabad, and journalist Rahmatullah Nekzad was killed in Ghazni on December 21. No group claimed responsibility for the attacks. Journalists reported facing threats of violence from the internal conflict. Politicians, security officials, business owners, and others in positions of power at times threatened or harassed journalists because of their coverage. According to RSF, female journalists were especially vulnerable.

Vida Saghari, a female journalist, faced a series of online harassments, including hate speech and death threats, following her criticism of a cleric’s Ramadan rallies in defiance of COVID-19 restrictions, according to RSF.

Freedom of speech and an independent media were more constrained at the provincial level than in the capital, Kabul. Political and ethnic groups, including those led by former mujahedin leaders, financed many provincial media outlets and used their financial support to control the content. Provincial media was also more susceptible to antigovernment attacks.

Print and online media continued to publish independent magazines, newsletters, newspapers, and websites. A wide range of editorials and daily newspapers openly criticized the government. Nevertheless, there were concerns that violence and instability threatened journalists’ safety. A greater percentage of the population, including those in rural areas, had easier access to radio than other forms of media. According to The Asia Foundation, rural inhabitants primarily received news and information from family and friends, followed by television and radio.

Violence and Harassment: Government officials and private citizens used threats and violence to intimidate independent and opposition journalists, particularly those who spoke out against impunity, crimes, and corruption by powerful local figures. According to RSF, NDS officials arrested Radio Bayan journalist Mahboboalah Hakimi on July 1. Two days after Hakimi’s arrest, the NDS released a video of Hakimi confessing to posting a video critical of the president, an action he had previously denied, and apologizing to the president. Following Hakimi’s release, he alleged the NDS tortured him and forced him to record his confession.

RSF also reported that authorities had harassed Pajhwok Afghan News agency, including through NDS interrogations of its director, following its June 22 reporting that ventilators intended to respond to the COVID-19 outbreak had been stolen and illegally sold to a neighboring country.

At least six journalists were killed during the year, and another died under suspicious circumstances. According to the Afghanistan Journalists’ Council, as of September, three journalists were kidnapped, 12 were injured, and more than 30 were beaten or otherwise threatened.

The Taliban continued to threaten journalists, and civil society alleged the Taliban continued to attack media organizations. The Taliban warned media would be targeted unless they stopped broadcasting what it called “anti-Taliban statements.”

Increased levels of insecurity created a dangerous environment for journalists, even when they were not the specific targets of violence. A radio reporter was killed in police crossfire during a demonstration in Ghor Province on May 9. During the year several journalists reported attacks by unknown gunmen connected, they claimed, to their coverage of powerful individuals.

The law provides guidelines to address cases of violence against journalists, but these guidelines were not fully implemented. The guidelines created a joint national committee in Kabul, chaired by Second Vice President Sarwar Danesh and separate committees in provincial capitals, a coordination center to investigate and identify perpetrators of violence against journalists, and a support committee run by the NDS to identify threats against journalists. Press freedom organizations reported the committee met regularly during the year, referred cases to the Attorney General’s Office, and pushed for the resolution of cases, but it did not increase protection for journalists. A journalist advocacy organization reported that due to these pressures and the fact that many journalists were not paid for months at a time, many outlets closed during the year.

Media advocacy groups reported that many female journalists worked under pseudonyms in both print and social media to avoid recognition, harassment, and retaliation. According to the Center for the Protection of Afghan Women Journalists, there were no female journalists in five of the country’s 34 provinces: Kunar, Logar, Nuristan, Paktika, and Uruzgan.

Censorship or Content Restrictions: Media observers claimed journalists reporting on administrative corruption, land embezzlement, and local officials’ involvement in narcotics trafficking engaged in self-censorship due to fear of violent retribution by provincial police officials and powerful families. Ajmal Ahmady, Afghanistan Bank governor and economic advisor to the president, blocked journalists on his Twitter feed, reportedly for being publicly critical of him. Journalists and NGOs reported that, although the amended 2018 Access to Information Law provided an excellent regulatory framework, enforcement remained inconsistent and that noncompliant officials rarely were held accountable. Most requests for information from journalists who lacked influential connections inside the government or international media credentials were disregarded, and government officials often refused to release information, claiming it was classified. Many journalists asserted that First Vice President Amrullah Saleh’s statement that he would hold those who shared “disinformation” on the victims of the October 21 incident in Takhar criminally responsible was a restriction on freedom of speech.

Libel/Slander Laws: The penal code and the mass media law prescribe prison sentences and fines for defamation. Authorities sometimes used defamation as a pretext to suppress criticism of government officials.

National Security: Journalists complained government officials frequently invoked the national interest exception in the Access to Information law to avoid disclosing information.

Nongovernmental Impact: Some reporters acknowledged they avoided criticizing the insurgency and some neighboring countries in their reporting because they feared Taliban retribution. Insurgent groups coerced media agencies in insecure areas to prevent them from broadcasting or publishing advertisements and announcements of the security forces, entertainment programming, music, and women’s voices.

Women in some areas of the country said their freedom of expression in choice of attire was limited by conservative social mores and sometimes enforced by Taliban in insurgent-controlled areas as well as religious leaders.

Internet Freedom

The government did not restrict or disrupt access to the internet, and there were no credible reports the government monitored private online communications without appropriate legal authority.

Media outlets and activists routinely used social media to discuss political developments, and Facebook was widely used in urban areas. The Taliban used the internet and social media to spread its messages. Internet usage remained relatively low due to high data prices, a lack of local content, and illiteracy.

There were many reports during the year of Taliban attempts to restrict access to information, often by destroying or shutting down telecommunications antennae and other equipment. In June, Human Rights Watch reported that in many Taliban-controlled areas, Taliban authorities limited usage of or otherwise banned smartphones, which generally restricted access to information.

Academic Freedom and Cultural Events

Academic freedom is largely exercised in government-controlled areas. In addition to public schooling, there was growth in private education, with new universities enjoying full autonomy from the government. Both government security forces and the Taliban took over schools to use as military posts.

The expansion of Taliban control in rural areas left an increasing number of public schools outside government control. The Taliban operated an education commission in parallel to the official Ministry of Education. Although their practices varied among areas, some schools under Taliban control reportedly allowed teachers to continue teaching but banned certain subjects and replaced them with Islamic studies; others provided only religious education. The Taliban continued to limit education for girls, especially for those past puberty. A Taliban commander told Human Rights Watch in Helmand Province, “Women’s education is to be banned [while] our country is occupied.”

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights; however, the government limited these freedoms in some instances.

Freedom of Peaceful Assembly

The government generally respected citizens’ right to demonstrate peacefully. Numerous public gatherings and protests took place during the year; however, police sometimes fired live ammunition when attempting to break up demonstrations. Protests and rallies were also vulnerable to attacks by ISIS-K and the Taliban. Islamic State actors fired upon a political rally in Kabul on March 6, killing 32 and wounding at least 58, according to government estimates. Islamic State actors claimed to have detonated explosions during presidential inauguration ceremonies in Kabul on March 9, although no casualties were reported.

Freedom of Association

The constitution provides for the right to freedom of association, and the government generally respected it. The law on political parties requires political parties to register with the Ministry of Justice and to pursue objectives consistent with Islam. The law prohibits employees and officials of security and judicial institutions, specifically the Supreme Court, Attorney General’s Office, Ministry of Interior, Ministry of Defense, and NDS, from political party membership. Noncompliant employees are subject to dismissal.

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: The government generally did not restrict the right to freedom of movement within the borders of the country. Social custom limited women’s freedom of movement without a male family member’s consent or a male relative chaperone. The greatest barrier to movement in some parts of the country remained the lack of security. Taxi, truck, and bus drivers reported security forces and insurgents sometimes operated illegal checkpoints and extorted money and goods from travelers. The Taliban regularly blocked highways completely or imposed illegal taxes on those who attempted to travel. Media reported the Taliban had blocked the highway between Kandahar and Uruzgan and on August 23 had notified private transportation companies operating in the area that the companies would be responsible for civilian deaths should they choose to travel on the road.

e. Status and Treatment of Internally Displaced Persons

Internal population movements continued during the year because of armed conflict and natural disasters, including avalanches, flooding, and landslides. The UN Office for the Coordination of Humanitarian Affairs reported more than 172,490 individuals fled their homes due to conflict from January to September 20. Most internally displaced persons (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. Thirty of the country’s 34 provinces hosted IDP populations.

Limited humanitarian access because of the poor security situation caused delays in identifying, assessing, and providing timely assistance to IDPs, who continued to lack access to basic protection, including personal 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 at constant risk of eviction from illegally occupied displacement sites, according to the Internal Displacement Monitoring Center. Women in IDP sites 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. Severe flooding and landslides on August 26 in Parwan Province killed 190 individuals and destroyed nearly 4,000 houses. Media reported that on August 27, the Taliban killed four civilian internally displaced survivors of the floods during clashes with the ANDSF.

Intense fighting in Helmand Province in October resulted in the displacement of thousands of families over a period of just two weeks, reported the AIHRC. The UN Office for the Coordination of Humanitarian Affairs estimated 35,000 individuals were displaced but had only been able to confirm an estimated 14,000 IDPs because deteriorating security conditions interrupted phone service and prevented access.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM), and other humanitarian organizations to provide protection and assistance to internally displaced persons, refugees, returning refugees, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: 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.

The IOM reported undocumented Afghan returns from Iran and Pakistan totaled 449,213 from January 1 to August 15, with 447,206 from Iran and 2,007 from Pakistan. Registered Afghan refugee returns from Pakistan slowed to historically low levels during the year, with just 551 returns as of August 25, in part because UNHCR suspended assisted returns between March 17 and August 10 due to COVID-19 and border closures impeded travel.

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. Nonetheless, UNHCR registered and provided protection for approximately 170 refugees and 250 asylum seekers in urban areas throughout the country. UNHCR also provided protection for 72,000 persons of concern who fled Pakistan in 2014 and resided in the provinces of Khost and Paktika.

g. Stateless Persons

NGOs noted the lack of official birth registration for refugee children in the country as a significant problem 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. The right to vote may be stripped for certain criminal offenses. Violence from the Taliban and other antigovernment groups interfered with, but did not derail, the most recent presidential election, held in 2019.

Elections and Political Participation

Recent Elections: Presidential elections were held in September 2019. Voter turnout in the presidential election of September 2019 was historically low, at less than 19 percent, reportedly due to security threats, less robust campaigning by candidates, voter apathy, the decoupling of the presidential and provincial elections that traditionally helped drive local mobilization networks, among other factors. Additionally, biometric voter verification determined the validity of ballots in 2019 and reportedly accounted for at least part of the difference in turnout compared with previous elections because of the invalidation of any ballot not biometrically verified. According to the United Nations, the Taliban carried out a deliberate campaign of violence and intimidation, including on polling centers located in schools and health facilities. It found these attacks caused 458 civilian casualties (85 killed and 373 injured) from the start of the top-up registration in June 2019 through September 30, 2019. These figures included 100 incidents on the September 28 election day, resulting in 277 civilian casualties (28 killed and 249 injured). According to the United Nations, civilian casualty levels were higher on election day in 2019 than on the polling days for the first round and second rounds of the 2014 presidential election. On February 18, the Independent Election Commission (IEC) announced that President Ghani secured re-election with 50.64 percent of the vote, while then chief executive Abdullah Abdullah, Ghani’s chief opponent, received 39.52 percent of the vote. Although election experts noted technical improvements in the electoral procedures, there were concerns regarding the electoral bodies’ ability to ensure transparency during the results tabulation process. Political campaigns disputed the authenticity of 300,000 votes, of a total of 1.8 million votes cast, causing delays and accusations of politicization of election monitoring bodies. Opposition candidates additionally called for the IEC to reject votes cast at polling places that faced discrepancies with biometric verification of voters. The Electoral Complaints Commission (ECC) investigated approximately 16,500 electoral complaints, ultimately rejecting more than 9,800 complaints, and conducted a recount for nearly 5,400 polling stations. The IEC conducted two audits before finalizing the results it announced in February.

Both President Ghani and Abdullah declared victory and held competing swearing in ceremonies on March 9. Afghan political actors mediated the resulting political impasse, ultimately resulting in a compromise, announced on May 17, in which President Ghani retained the presidency, Abdullah was appointed to lead the High Council for National Reconciliation, and each would select one-half of the cabinet members.

Political Parties and Political Participation: The law grants parties the right to exist as formal institutions. The law provides that any citizen 25 years old 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 18 years old or older and who have the right to vote may 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.

In large areas of the country, political parties could not operate due to insecurity.

On December 23, unknown gunmen shot and killed Yusuf Rashid, the head of the Free and Fair Elections Forum, an independent election monitoring group.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process. In the 2019 presidential election, women accounted for 34.5 percent of those registered to vote and 31.5 percent of all votes cast. Absent reliable data, civil society, think tanks, and election monitoring organizations assessed that women’s participation across the country varied according to the security conditions and social norms. There was lower female voter turnout in provinces where communities purposely limited female participation in the democratic process, where lack of security was a concern, or both. Conflict, threats, financial constraints, corruption, and conservative family members put female voters at a disadvantage. There were reports some men declared female voting a sin, and others said women should vote for male candidates. There were reports that a biometric voter identification requirement for all registering voters to have their photograph taken was seen by some as an infringement on women’s modesty and, according to media sources, limited women’s ability to vote.

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). The IEC finalized 2018 parliamentary election results in May 2019, and 418 female candidates contested the 250 seats in the Wolesi Jirga in the 2018 parliamentary election. In Daikundi Province a woman won a seat in open competition against male candidates, making it the only province to have more female representation than mandated by the constitution. 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 nomadic Kuchi minority. In the Meshrano Jirga (upper house), the president’s appointees must include two Kuchis and two members with physical disabilities, and half of the president’s nominees must be women. One seat in the Meshrano Jirga and one in the Wolesi Jirga is reserved for the appointment or election of a Sikh or Hindu representative, although this is not mandated by the constitution. On July 6, the cabinet decreed that each of the country’s 34 provinces should have one female deputy governor. By year’s end, 14 female deputy governors were appointed.

Traditional societal practices limited 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 were 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. On March 22, a gunman fired multiple shots into a vehicle carrying Zarifa Ghafari, the mayor of Maidan Shar in Wardak Province, and her fiance. Both were uninjured in the attack.

No laws prevent members of minority groups 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 largest ethnic group, the Pashtuns, had more seats than any other ethnic group in both houses of parliament, but they did not have more than 50 percent of the seats. There was no evidence authorities purposely excluded specific societal groups from political participation.

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. Local businessmen complained government contracts were routinely steered to companies that paid a bribe or had family or other connections to a contracting official.

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. There were reports officials received unauthorized payments in exchange for reducing prison sentences, halting investigations, or outright dismissing charges.

Freedom House reported inadequately trained judges and extensive corruption in the judiciary, with judges and lawyers often subject to threats and bribes from local leaders or armed groups.

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: The Anti-Corruption Justice Center (ACJC) reported that since its inception in 2016 to mid-September, the ACJC tried 281 defendants in 76 cases before its trial chamber and 214 defendants in 68 cases before its appellate chamber. Of cases tried in the trial chamber, 199 were sentenced to imprisonment, 23 were fined, and 59 acquitted. Of cases tried in the appellate chamber, 172 were sentenced to imprisonment, 18 were fined, and 24 were acquitted. In January the ACJC appellate court resentenced several former election officials to two and one-half years in prison each, cutting their earlier prison terms by half.

There were reports of political patronage in the government’s COVID-19 response efforts, including accusations of embezzlement and theft of medical equipment by government authorities. On June 22, a media report alleged that 32 ventilators were embezzled from the Ministry of Public Health and subsequently smuggled to Pakistan for a profit. Media reported that on August 24 former minister of public health Ferozuddin Feroz and several former and current deputy ministers were referred to the Attorney General’s Office for suspected misappropriation of funds designated to address the COVID-19 pandemic. Media also reported that in October the governor of Herat Province, the mayor of Herat city, three members of the provincial council, and 17 other top provincial officials were accused of embezzling approximately 20 million afghanis ($260,000) of government funding of COVID-19 response activities. According to ACJC prosecutors, the cases against these officials were sent to the ACJC primary court, but the court sent the case back to the prosecution office to fill investigative gaps. The suspects were released on bail.

Violent attacks by insurgents against judges, prosecutors, and prison officials during the year made members of the judicial sector increasingly fearful in carrying out their duties. According to government and media reports, since 2015 more than 300 judges, prosecutors, prison personnel, and other justice workers were killed, injured, or abducted. During the year, five judges and one administrative official were killed and two judges were abducted. Justice professionals came under threat or attack for pursuing certain cases–particularly corruption or abuse-of-power cases–against politically or economically powerful individuals.

According to various reports, many government officials, including district or provincial governors, ambassadors, and deputy ministers, were suborned. Government officials with reported involvement in corruption, the drug trade, or records of human rights abuses reportedly continued to receive executive appointments and served with relative impunity. On February 6, the Ministry of Interior announced it had arrested five police officers, including Ahmad Ahmadi, the Kabul counternarcotics chief, for involvement in drug trafficking.

On August 17, the primary court of the ACJC convicted a former official of the National Office of Norms and Standards of accepting a bribe of $100,000 from an unidentified company. The court sentenced the former official to 16 years’ imprisonment, a $100,000 fine (the amount of the bribe), as well as an additional fine of 60,000 afghanis ($765) for carrying a firearm without a permit.

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. Senior Interior Ministry officials also refused to sign the execution of arrest warrants.

Financial Disclosure: A 2017 legislative decree established the Administration on Registration and Assets of Government Officials and Employees (Registration Administration) under the Administrative Office of the President. All government officials, employees, and elected officials are required to declare their assets. The Registration Administration was responsible for collecting, verifying, and publishing information from high-ranking government officials. 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. The Attorney General’s Office imposed travel bans on individuals who did not submit their forms; however, the bans were not regularly enforced, especially for high-level officials. For instance, although the website of the Administrative Office of the President showed several high-ranking government officials failed to register their assets, it was public knowledge they frequently travelled internationally. Employment and salary suspensions were not imposed.

As of July 22, the deadline for asset registration, the Registration Administration successfully registered assets of more than 18,000 government employees. Verification of assets was slow and problematic for the administration due to lack of organized systems in some government offices. Public outreach by the Registration Administration allowed civil society and private citizens the opportunity to comment on individual declarations.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses 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 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. On June 27, an IED killed two members of the AIHRC. Perpetrators of the bombing were not identified. Three Wolesi Jirga committees deal with human rights: the Gender, Civil Society, and Human Rights Committee; the Counternarcotic, 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 presidential decree was first issued in 2009 and was reinforced by another presidential decree in 2018. Implementation and awareness of the decree remained a serious problem. The decree criminalizes 22 acts of violence against women, including rape; battery or beating; forced marriage; humiliation; intimidation; and deprivation of inheritance. The penal code criminalizes rape of both women and men. The law provides for a minimum sentence of five to 16 years’ imprisonment for conviction of 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 penal code criminalizes statutory rape and prohibits the prosecution of rape victims for zina. The law provides for imprisonment of up to seven years for conviction of “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 enforce these laws, although the government was implementing limited aspects of EVAW, including through EVAW prosecution units.

Prosecutors and judges in rural areas were frequently unaware of the EVAW decree 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 or violent societal reprisal, ranging from imprisonment to extrajudicial killing.

The penal code criminalizes forced gynecological exams, which act as “virginity tests,” except when conducted pursuant to a court order or with the consent of the subject. Awareness and enforcement of the restrictions on forced gynecological exams remained limited. In October the AIHRC reported that more than 90 percent of these exams were conducted without either a court order or the individual’s consent, and were conducted related to accusations including: adultery, murder, theft, and running away from home, among others. The Ministry of Public Health claimed no exam had taken place without a court order and the consent of the individual. There were reports police, prosecutors, and judges continued to order the exams in cases of “moral crimes” such as zina. Women who sought assistance in cases of rape were often subjected to the exams.

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 decree. According to NGO reports, millions of women continued to suffer abuse at the hands of their husbands, fathers, brothers, in-laws, and other individuals. State institutions, including police and judicial systems, failed to adequately address such abuse. Lockdowns due to COVID-19 forced women to spend more time at home, reportedly resulting in increased incidence of domestic violence as well as additional stress on already limited victim support systems. One such incident included a man from Paktika Province who cut off his wife’s nose with a kitchen knife in May. The woman, who regularly faced physical abuse by her husband, was reportedly seeking to leave the abusive relationship when her husband attacked her.

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 expanded during the year to operate at the primary and appellate levels in all 34 provinces.

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 to the perpetrator. Cultural stigmatization of women who spend even one night outside the home also prevented women from seeking services that may bring “shame” to herself or family.

In 2019 the International Federation of Association Football (FIFA) banned for life the Afghanistan Football Federation’s former head, Keramuddin Karim, and fined him one million Swiss francs (one million dollars) after finding him guilty of sexually abusing female players. At least five female soccer players accused Karim of repeated sexual abuse, including rape, from 2013 to 2018 while he served as the federation president. The players stated that Karim threatened them with reputational and additional physical harm if they did not comply with his advances. Women who rebuffed his advances were expelled from the team, according to eight former players who experienced such treatment. Those who went public faced intimidation. The Attorney General’s Office indicted Karim on multiple counts of rape in 2019, but the court sent the case back to the attorney general for further investigation before trial, and Karim was never questioned. Security forces attempted to arrest Karim on August 23 in Panjshir Province (where he was a former governor) but failed after local residents, many of whom were armed, intervened in support of Karim. At year’s end Karim was still at large.

At times women in need of protection ended up in prison, either because their community lacked a protection center or because “running away” was interpreted 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 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 reported instances of baad were still practiced, often in rural areas. The practice of exchanging brides between families was not criminalized and remained widespread.

Honor killings continued throughout the year. In May a soldier in Badakhshan Province stabbed his 18-year-old sister to death in an apparent honor killing after she rejected her family’s proposal for an arranged marriage.

Sexual Harassment: The law criminalizes all forms of harassment of women and children, including physical, verbal, psychological, and sexual. By 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. Media reported that the number of women reporting sexual harassment increased compared with prior years, although some speculated this could be an increased willingness to report cases rather than an increase in the incidence 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.

Businesswomen faced myriad challenges from the traditional nature of society and its norms with regard to acceptable behavior by women. When it was necessary for a businesswoman to approach the government for some form, permit, or authorization, it was common for a male functionary to ask for sexual favors or money in exchange for the authorization. In April, Human Rights Watch reported that a government employee, in front of other colleagues, told a woman with a disability he would process her disability certificate, which provides a stipend, if she had sex with him. The employee’s colleagues, according to her statement, laughed and said, “How do you want to get your disability card when you don’t want to sleep with us?” She reported that other women with disabilities had faced similar experiences when requesting disability certificates.

Reproductive Rights: In 2020 married couples had the legal right to decide the number, spacing, and timing of their children. The Family Law (2019), which is in effect by promulgation of presidential proclamation (though parliament has not passed it), outlines individuals’ rights to reproductive health. There were no recent, reliable data regarding reproductive rights in 2020. According to the 2015 Afghanistan Demographic and Health Survey, however, only 5 percent of women made independent decisions about their own health care, while 44 percent reported that their husbands made the decisions for them.

Having a child outside of wedlock is a crime according to the penal code and is punishable by up to three years’ imprisonment for both men and women. A mother faced severe social stigma for having a child out of wedlock, even when the pregnancy was a result of rape. Intentionally ending a pregnancy is a crime under both the penal code and the Elimination of Violence against Women (EVAW) law and is punishable by three months to one years’ imprisonment.

In 2020 there were no legal barriers to the use of any type of contraception, but there were social and cultural barriers, including the social practice of mandating a woman’s husband consent to the use of contraception. There were no legal barriers that prevent a woman from receiving reproductive health care or obstetrical care, but socially, many men prevented their wives from receiving care from male doctors or from having a male doctor in attendance at the birth of a child.

Families and individuals in cities generally had better access to information and better means to manage their reproductive health than did those living in rural areas. According to the United Nations, the rate of contraceptive use among married women was 35 percent for those living in urban areas compared with 19 percent in rural areas. According to the UN Population Fund, 20 percent of women could not exercise their right to reproductive health due to violence, and 50 percent did not have access to information about their reproductive rights. According to the Ministry of Public Health, while there was wide variance, most clinics offered some type of modern family planning method.

The WHO reported that the country had 638 maternal deaths per 100,000 live births in 2017 (the last year of reported data). A survey conducted by the Central Statistics Organization in the provinces of Bamyan, Daikundi, Ghor, Kabul, Kapisa, and Parwan concluded that many factors contributed to the high maternal death rate, including early pregnancy, narrowly spaced births, and high fertility. Some societal norms, such as a tradition of home births and the requirement for some women to be accompanied by a male relative to leave their homes, led to negative reproductive health outcomes, including inadequate prenatal, postpartum, and emergency obstetric care. Access to maternal health care services was constrained by the limited number of female health practitioners, including an insufficient number of skilled birth attendants. Additionally, the conflict environment and other security concerns limited women’s safe access to health services of any kind.

The EVAW law and the Prohibition of Harassment against Women and Children Law (2017) contain provisions to support female victims of violence, including sexual violence. In 2020 the Ministry of Women’s Affairs was charged with raising awareness of gender-based and sexual violence and providing legal support to survivors. According to the ministry, assistance was usually focused on pursuing legal action against the perpetrators but sometimes included general health services.

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

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. Women do not have equal legal rights, compared to men, to inherit assets as a surviving spouse, and daughters do not have equal rights, compared to sons, to inherit assets from their parents.

By law women may not unilaterally divorce their husbands, but they may do so with the husband’s consent to the divorce, although men may unilaterally divorce their wives. Many women petition instead for legal separation. According to the family court in Kabul, during the year women petitioned for legal separation twice as frequently as in the previous year.

Prosecutors and judges in some provinces continued to be reluctant to use the EVAW decree, and judges sometimes replaced 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.

Female political figures and activists were the targets of assassinations and assassination attempts throughout the year. On December 24, unknown gunmen killed women’s rights activist Freshta Kohistani, along with her brother.

Unknown gunmen attacked Fawzia Koofi, a former lawmaker and member of the government negotiating team in intra-Afghan negotiations, who sustained minor injuries.

Similarly, Zarifa Ghafari, the mayor of Maidan Shahr (capital city of Wardak Province), survived two separate assassination attempts. On March 22, unknown gunmen fired on her car; she did not sustain injuries. On October 3, unknown gunmen ambushed her car, but she again escaped unharmed. On November 12, assailants shot and killed Ghafari’s father, an army colonel. The Taliban acknowledged responsibility for the attack. Ghafari claimed the Taliban killed her father to discourage her from serving as mayor.

On August 25, unknown gunmen shot at the car carrying actress and women’s rights campaigner Saba Sahar. Sahar and her companions were injured in the attack.

On November 8, Abdul Sami Yousufi, a prosecutor specializing in EVAW cases, was killed by a group of unidentified gunmen on motorcycles of Herat city. The Herat Attorney General’s Office opened an investigation following the killing.

On November 10, media outlets reported that unidentified assailants attacked and blinded Khatera, a female police officer, for securing a position on the police force. According to media reports, the attackers were tipped off by Khatera’s father. Khatera blamed the Taliban for the attack, although they denied responsibility.

Children

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

Education: Education is mandatory up to the lower secondary level (six years in primary school and three years in lower secondary), and the law provides for free education up to and including the college level. UNICEF reported that approximately 3.7 million children, 60 percent of whom are girls, were not in school due to discrimination, poverty, lack of access, continuing conflict, and restrictions on girls’ access to education in Taliban-controlled areas, among other reasons. Only 16 percent of the country’s schools were for girls, and many of them lacked proper sanitation facilities. 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.

Violent attacks on schoolchildren, particularly girls, 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. In February, Taliban militants set fire to a girls’ school in Takhar Province, burning all equipment, books, and documents.

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. School buildings were damaged and students were injured in Taliban attacks on nearby government facilities.

Child Abuse: The penal code criminalizes child abuse and neglect. The penalty for beating, or physically or mentally disciplining or mistreating a child, ranges from a fine of 10,000 afghanis ($130) to one year in prison if the child does not sustain a serious injury or disability. Conviction of endangering the life of a child carries a penalty of one to two years in prison or a fine of 60,000 to 120,000 afghanis ($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 cases, which deterred victims from reporting their claims.

On September 21, police officers in Kandahar Province beat and raped a 13-year-old boy who died of his injuries. The Attorney General’s Office reported seven suspects were in custody at year’s end and that it filed indictments against them at a Kabul district court in November for assault, rape, and murder.

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.

In 2019 human rights defenders exposed the sexual abuse of at least 165 schoolboys from three high schools in Logar Province, alleging that teachers, principals, vice principals, fellow students, and at least one local law enforcement official participated in the abuse. The release of videos of some the rapes and exposure of the scandal led to at least five honor killings of the victims. Two human rights defenders were subsequently placed in NDS detention after exposing the allegations, forced to apologize for their reporting, and continued to face threats after their release, prompting them to flee the country. The Attorney General’s Office investigation into the scandal resulted in the identification of 20 perpetrators, 10 of whom had been arrested by year’s end. Nine of the perpetrators were convicted of child sexual assault by the Logar Primary Court, which handed down sentences ranging between five and 22 years’ imprisonment. Another four men were indicted by the Attorney General’s Office in early September of raping a male student. One of the suspects, a high school headmaster, was the first government employee to face charges of child sexual assault related to the Logar bacha bazi case.

There were reports some members of the military and progovernment groups sexually abused and exploited young girls and boys. UNAMA reported children continued to be subjected to sexual violence by parties to the conflict at an “alarming rate.” 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 penal code criminalizes bacha bazi as a separate crime and builds on a 2017 trafficking-in-persons law (TIP law) that includes provisions criminalizing behaviors associated with the sexual exploitation of children. The penal code details the punishment for authorities of security forces involved in bacha bazi with an average punishment of up to 15 years’ imprisonment. Although no police officer had ever been prosecuted for bacha bazi, eight officers were arrested during the year in connection with bacha bazi incidents and charged with “moral crimes,” sodomy, or other crimes.

The Ministry of Interior operated CPUs throughout the country to prevent the recruitment of children into the ANP, although the CPUs played a limited oversight role in recruiting. Nevertheless, recruitment of children continued, including into the ANP, the ALP, progovernment forces, and Taliban. Additionally, the government did not have sufficient resources to reintegrate children into their families once they had been identified by the CPUs.

Child, Early, and Forced Marriage: Despite a law setting the legal minimum age for marriage at 16 years for girls (15 years with the consent of a parent or guardian or the court) and 18 years for boys, international and local observers continued to report widespread early and forced marriages throughout the country. By EVAW decree those convicted of entering into, or arranging, forced or underage marriages are subject to at least two years’ imprisonment; however, implementation was limited.

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

Sexual Exploitation of Children: The law criminalizes sexual exploitation of children. In addition to outlawing the practice of bacha bazi, the penal code provides that, “[i]f an adult male has intercourse with a person younger than the legal age, his act shall be considered rape and the victim’s consent is invalid.” In the case of an adult female having intercourse with a person younger than the legal age, the law considers the child’s consent invalid and the woman may be prosecuted for adultery. The EVAW decree 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 TIP law regardless of whether other elements of the crime are present.

Displaced Children: During the year NGOs and government offices reported high numbers of returnee families and their children in border areas, specifically Herat and Jalalabad. The government attempted to follow its policy and action plan for the reintegration of Afghan returnees and IDPs, in partnership with the United Nations; however, the government’s ability to assist vulnerable persons, many of them unaccompanied minors, remained limited, and it relied on the international community for assistance. 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 as many as 80 percent of children between ages four and 18 in orphanages were not orphans but from families unable to provide them with food, shelter, schooling, or all three. 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-care 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, the country’s primary military prison. 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/reported-cases.html.

Anti-Semitism

There were no reports of anti-Semitic acts. Reportedly only one Afghan Jew remained in the country.

Trafficking in Persons

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

Persons with Disabilities

The constitution prohibits 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 provides for equal rights to, and the active participation of, such persons in society. Observers reported that both the constitutional provisions and disabilities rights law were mostly ignored and unenforced.

Persons with disabilities faced barriers such as limited access to educational opportunities, inability to access government buildings, difficulty in acquiring government identification required for many government services and voting, lack of economic opportunities, and social exclusion due to stigma.

Lack of security remained a problem 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. By law 3 percent of all government positions are reserved for persons with disabilities, but government officials acknowledged the law was not enforced.

Human Rights Watch released a report in April in which a woman with a disability reported that Herat city offered no disability support services, including technical support for wheelchair damage. She told interviewers she was stranded indoors, unable to access recreational activities.

Members of National/Racial/Ethnic Minority Groups

Ethnic tensions continued to result in conflict and killings. Societal discrimination against Shia Hazaras continued 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 police 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 attacks against Shia, predominately Hazara, communities. On March 6, gunmen attacked a ceremony in Kabul attended primarily by Shia Hazaras, killing 32. On October 24, a suicide bomber killed 40 persons and wounded 72 others at an educational center in a Hazara neighborhood of Kabul. ISIS-K claimed responsibility. Many of the victims were between the ages of 15 and 26.

Sikhs and Hindus faced discrimination, reporting unequal access to government jobs, harassment in school, and verbal and physical abuse in public places. On March 25, gunmen attacked a Sikh gurdwara (house of worship and community gathering place) in Kabul, killing 25 and injuring 11. ISIS-K claimed responsibility for this attack. On March 26, an IED detonated during funeral services for the victims, injuring one. On March 27, police found and defused another IED near the Kabul gurdwara. In the months that followed, many Sikh families departed the country, going primarily to India, due to threats against Sikhs and what they perceived to be inadequate government protection. At year’s end approximately 400 members of the Sikh and Hindu community remained in the country, down from approximately 600 at the start of the year.

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

The law criminalizes consensual same-sex sexual conduct. Under Islamic sharia law, conviction of same-sex sexual activity is punishable by death, flogging, or imprisonment. Under the penal code, sex between men is a criminal offense punishable by up to two years’ imprisonment and sex between women with up to one year of imprisonment. The law does not prohibit discrimination or harassment based on sexual orientation or gender identity.

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals reported they continued to face arrest by security forces and discrimination, assault, and rape. There were reports of harassment and violence of LGBTI individuals by society and police. Homosexuality was widely seen as taboo and indecent. LGBTI individuals did not have access to certain health-care 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. Even registered organizations working on health programs for men who have sex with men faced harassment and threats by the Ministry of Economy’s NGO Directorate and NDS officials.

Saboor Husaini, a transgender activist and artist, died in a Herat hospital after being beaten by an unidentified group of men December 25.

HIV and AIDS Social Stigma

There were no confirmed reports of discrimination or violence against persons with HIV or AIDS, but there was reportedly serious societal stigma against persons with AIDS. While the law allows for the distribution of condoms, the government restricted distribution to married couples.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The labor 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 labor 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 labor 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 labor law identifies the Ministry of Labor and Social Affairs’ (Ministry of Labor) 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 the 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), forcing its offices to remain closed after several raids in 2018. The Justice Ministry blocked NUAWE from holding a congress, reneged on its promise to unblock union bank accounts, and refused to return confiscated properties until after a union congress. 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 labor law narrowly defines forced labor and does not sufficiently criminalize forced labor and debt bondage. Men, women, and children were exploited in bonded labor, where an initial debt assumed by a worker as part of the terms of employment was exploited, ultimately entrapping other family members, sometimes for multiple generations. This type of debt bondage was common in the brickworks industry. Some families knowingly sold their children into sex trafficking, including for bacha bazi (see section 7.c.).

Government enforcement of the labor law was ineffective; resources, inspections, and remediation were inadequate; and the government made minimal efforts to prevent and eliminate forced labor. Penalties were not commensurate with analogous crimes, such as kidnapping.

The government prosecuted and convicted two perpetrators of bacha bazi for kidnapping and increased the number of child protection units at the ANP. Despite consistent reports of bacha bazi perpetrated by Afghan National Army, ANP, and Afghan Local Police officials, however, the government has never prosecuted an official for bacha bazi, although the Attorney General’s Office investigated and filed indictments against seven Kandahar security officers implicated in the sexual abuse and death of a boy in September. The government denied that security forces recruited or used child soldiers. Some victims reported that authorities perpetuated abuse in exchange for pursuing their cases, and authorities continued to arrest, detain, and penalize victims.

Men, women, and children (see section 7.c.) were exploited in bonded and forced labor. Traffickers compelled entire families to work in bonded labor, predominantly in the carpet and brick making industries in the eastern part of the country. Some women who were sold to husbands were exploited in domestic servitude by their husbands. Men were subjected to forced labor and debt bondage in agriculture and construction.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The labor law sets the minimum age for employment at 15 but permits 14-year-old children to work as apprentices, allows children 15 years old and older to do light nonhazardous work, and permits children 15 to 17 to work up to 35 hours per week. The law prohibits children younger than 14 from working under any circumstances. The law was openly flouted, with poverty driving many children into the workforce. 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. Labor inspectors do not have legal authority to inspect worksites for compliance with child labor laws or to impose penalties for noncompliance. Other deficiencies included the lack of authority to impose penalties for labor inspectors, inadequate resources, labor inspector understaffing, inspections, remediation, and penalties for violations.

Child labor remained a pervasive problem. Most victims of forced labor were children. Child laborers worked as domestic servants, street vendors, peddlers, and shopkeepers. There was child labor in the carpet industry, brick kilns, coal mines, and poppy fields. Children were also heavily engaged in the worst forms of child labor in mining, including mining salt; commercial sexual exploitation including bacha bazi (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 (see section 1.g.). Taliban forces pressed children to take part in hostile acts (see section 6, Children).

Some children were forced by their families into labor with physical violence. Particularly in opium farming, families sold their children into forced labor, begging, or sex trafficking to settle debts with opium traffickers. Some Afghan parents forcibly sent boys to Iran to work to pay for their dowry in an arranged marriage. Children were also subject to forced labor in orphanages run by NGOs and overseen by the government.

According to the International Labor Organization and UNICEF, millions more children were at risk of child labor due to COVID-19, because many families lost their incomes and did not have access to social support. Child labor was a key source of income for many families and the rising poverty, school closures, and decreased availability of social services increased the reliance on child labor. Many children already engaged in child labor were experiencing a worsening of conditions and working longer hours, posing significant harm to their health and safety. Aid and human rights groups reported that child labor laws were often violated, and children frequently faced harassment and abuse and earned very little or nothing for their labor.

Gender inequalities in child labor were also rising, as girls were particularly vulnerable to exploitation in agriculture and domestic work. COVID-19 also increased violent attacks on schools and teachers, which disproportionately impacted girls’ access to education and vulnerability to child labor. The UN Security Council reported that nine attacks against schools occurred between April 1 and June 30. Poverty and security concerns frequently lead parents to pull girls out of school before boys.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings , and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

The 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, which is commensurate to laws related to civil rights, such as election interference. A 2018 law criminalized physical, verbal, and nonverbal harassment, punishable with a fine, but the law remained largely ineffective due to underreporting.

Women continued to face discrimination and hardship in the workplace. Women made up only 22 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. Gender-based violence escalated with targeted killings of high-profile women in the public sector. Salary discrimination existed in the private sector. Men earned 30 percent more on average in the same occupations as women and 3.5 times more in agriculture and forestry, where women occupied two-thirds of the workforce. Female journalists, social workers, and police officers reported they were often threatened or abused. Persons with disabilities also suffered from discrimination in hiring.

The Ministry of Labor and the Ministry of Public Health jointly adopted a regulation prescribing a list of 244 physically arduous and harmful occupations prohibited to women and children, of which 31 are identified as worst forms of child labor that are prohibited to children younger than 18. It is not permissible for women and children to engage in types of work that are physically arduous, harmful to health, or carried out in underground sites, such as in the mining sector.

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

e. Acceptable Conditions of Work

The minimum wage rates for workers in the nonpermanent private sector and for government workers were below the poverty line.

The labor 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 requires employers to provide day care and nurseries for children.

The government did not effectively enforce minimum wage and overtime nor occupational health and safety laws. The number of labor inspectors was not sufficient to enforce compliance, and inspectors have no legal authority to enter premises or impose penalties for violations. Resources, inspections, and remediation were inadequate, and penalties for violations were not commensurate with those for similar crimes.

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. 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.

Albania

Executive Summary

The Republic of Albania is a parliamentary democracy. The constitution vests legislative authority in the unicameral parliament (the Assembly), which elects both the prime minister and the president. The prime minister heads the government, while the president has limited executive power. In 2017 the country held parliamentary elections. The Organization for Security and Cooperation in Europe reported the elections respected fundamental freedoms but were marred by allegations of vote buying and pressure on voters. Local elections took place in June 2019, but the main opposition party and others boycotted, accusing the government of electoral fraud. The organization’s observation mission to the local elections reported that, as a consequence of the boycott, voters did not have a meaningful choice between political options, although voting “was conducted in a generally peaceful and orderly manner.” The organization identified credible allegations of vote buying as well as pressure on voters from both the ruling party and opposition parties.

The Ministry of Interior oversees the Guard of the Republic and the State Police, which includes the Border and Migration Police. The State Police are primarily responsible for internal security. The Guard of the Republic protects senior state officials, foreign dignitaries, and certain state properties. The Ministry of Defense oversees the armed forces. The State Intelligence Service is responsible to the prime minister, gathers information, and carries out foreign intelligence and counterintelligence activities. Civilian authorities maintained effective control over the security forces. There were some reports of abuses by members of the security forces.

Significant human rights issues included: problems with the independence of the judiciary; restrictions on free expression and the press; pervasive corruption in all branches of government and municipal institutions; and failure to enforce child labor laws.

Impunity remained a serious problem. Prosecution, and especially conviction, of officials who committed abuses was sporadic and inconsistent. Officials, politicians, judges, and persons with powerful business interests often were able to avoid prosecution.

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

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

On December 8, State Police shot and killed a man in Tirana who was violating a COVID-19 curfew. The officer who shot him was arrested and a prosecutor is investigating the killing. There were no other reports that the government or its agents committed arbitrary or unlawful killings. Civilian law enforcement agencies such as the State Police investigated whether civilian security force killings were justifiable and pursued prosecutions for civilian agencies. Military law enforcement conducted investigations of killings by the armed forces.

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

While the constitution and law prohibit such actions, there were allegations that police and prison guards sometimes beat and abused suspects and prisoners, usually in police stations.

In the September 2019 report on its most recent visit in 2018 to a number of the country’s prisons and detention centers, the Council of Europe’s Committee for the Prevention of Torture reported receiving a significant number of allegations of mistreatment of criminal suspects by police officers. Most allegations involved use of excessive force at the time of or immediately following apprehension. Several allegations also concerned mistreatment during transport or initial questioning, apparently to extract a confession, obtain information, or as punishment. The alleged mistreatment consisted of slaps, punches, kicks, blows with a hard object, and excessively tight handcuffing.

The Service for Internal Affairs and Complaints (SIAC) received complaints of police abuse and corruption that led to investigations of police actions. The Office of the Ombudsman, an independent, constitutional entity that serves as a watchdog over the government, reported that most cases of alleged physical or psychological abuse during the year occurred during arrest and interrogation.

Impunity for police misconduct remained a problem, although the government made greater efforts to address it by increasing the use of camera evidence to document and prosecute police misconduct. The SIAC recorded an increase in the number of investigations, prosecutions, and sanctions against officers for criminal and administrative violations.

Prison and Detention Center Conditions

Poor physical conditions and a lack of medical care, particularly for mental health conditions, were serious problems, as was corruption. Conditions remained substandard in some police detention facilities outside of Tirana and other major urban centers.

As a result of the COVID-19 pandemic in March, the General Directorate of Prisons suspended family visits to reduce the spread of the virus. Authorities increased time for inmates’ telephone calls with their families and installed computers to enable communication through Skype. Lawyers could visit their clients but were required to use protective equipment and maintain physical distance. On March 23, the government granted a three-month leave to approximately 600 prisoners, allowing them to serve their sentences at home.

Physical Conditions: Overcrowding was a problem in some facilities. The Albanian Helsinki Committee (AHC) and the Office of the Ombudsman reported overcrowding in Zaharia prison in Kruje.

Prison and detention center conditions varied significantly by age and type of facility. Prisoners complained prison authorities left the lights on in their cells all day; this measure is required by law. Prison facilities in Kruja, Lushnja, Rrogozhina, Saranda, Lezha, and Tepelena were reported by the Office of the Ombudsman to have urgent infrastructure issues.

The Office of the Ombudsman and nongovernmental organizations (NGOs) reported that authorities held inmates with mental disabilities in regular prisons, where access to mental health care was inadequate. Since 2018 the Ministry of Justice and the Ministry of Health have tried to accommodate Zaharia inmates and detainees in the prison in Lezha. The AHC and ombudsman reported the government had not taken measures to turn the planned buildings in the Lezha prison into a special medical institution. The Ministry of Justice is constructing a prison for inmates over the age of 60 that is scheduled for completion in 2021.

With the exception of regional facilities in Tirana (excluding its commissariats, which are smaller units falling under regional police directorates), Durres, Gjirokaster, Kukes, Fier, and Korca, conditions in facilities operated by the Ministry of Interior, such as police stations and temporary detention facilities, were inadequate in some respects. Some detention facilities in remote areas were unheated during the winter, and some lacked basic hygienic amenities, such as showers or sinks. Facilities were cramped, provided limited access to toilets, and had little or no ventilation, natural light, or beds and benches. Camera monitoring systems were nonexistent or insufficient in most police stations. The ombudsman reported that detention facilities operated by the Interior Ministry were overcrowded mainly due to increased numbers of arrests for recently added criminal offenses and a lack of coordination with, and delays, including delays in setting trials, from the Ministry of Justice.

Administration: The ombudsman reported that prison and police officials generally cooperated with investigations. The General Directorate of Prisons received 173 complaints through November, mostly regarding employment decisions or corruption in the penitentiary system, while the ombudsman received 141 complaints from detainees and inmates through August, but did not refer any cases for prosecution.

Corruption continued to be a serious problem in detention centers, particularly in connection with access to work and special release programs. In 2018 the former general director of prisons, Arben Cuko, was arrested on corruption charges. In January the court closed the case against Cuko after reducing the charges several times. In July the director of Lushnja prison, Judmir Shurdhi, and another prison staff member were arrested for the unauthorized release of a convict. As of October, their case continued to be under investigation. Through July the General Directorate of Prisons reported that it had carried out disciplinary proceedings against 422 prison staff and had fired an additional 33. Through August the directorate dismissed six prison directors, and four more were under investigation.

In July the Assembly adopted legislation to minimize communications between organized crime and gang members in prison and their outside contacts to prevent them from running criminal organizations while incarcerated. Through August seven inmates were placed under this regime.

Through August the AHC reported one suspicious death in the Jordan Misja prison in Tirana, for which an inmate with a mental disability was charged and tried. The committee alleged prosecutors and judges in the case violated criminal procedures by denying the defendant the right to a lawyer and using excessive security measures on a person with a mental disability.

Independent Monitoring: The government generally allowed local and international human rights groups, the media, and international bodies such as the Committee for the Prevention of Torture to monitor prisons and detention facilities.

Due to the pandemic, the ombudsman and other organizations monitoring the penitentiary system were forced to telework. The ombudsman did not conduct physical inspections of prisons during the year.

Improvements: The ombudsman and the AHC confirmed an overall decrease in prison overcrowding due to new infrastructure and amnesties. Nevertheless some penitentiary facilities were still overcrowded.

d. Arbitrary Arrest or Detention

The law and constitution prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these prohibitions.

Arrest Procedures and Treatment of Detainees

The law requires that, except for arrests made during the commission of a crime, police arrest a suspect on criminal grounds with a warrant issued by a judge and based on sufficient evidence. There were no reports of secret arrests. By law, police must immediately inform a prosecutor of an arrest. The prosecutor may release the suspect or petition the court within 48 hours to hold the individual further. A court must also decide within 48 hours whether to place a suspect in detention, require bail, prohibit travel, or require the defendant to report regularly to police. Prosecutors requested, and courts ordered, detention in many criminal cases, although courts sometimes denied prosecutors’ requests for detention of well connected, high-profile defendants.

By law and based on a prosecutor’s request, the court has 72 hours to review pretrial detention status of a court-ordered arrest. Police may detain rather than formally arrest a suspect for a period not exceeding 10 hours. Due to overcrowding in the prison system, detainees, including juveniles, occasionally remained in police detention centers for longer than the 10-hour legal maximum.

The ombudsman reported that police used excessive force when arresting protesters who took part in rallies, mainly in Tirana. The ombudsman received several complaints of excessive use of force and injuries from tear gas during those protests and referred one case for prosecution. Protests against the municipality of Tirana’s demolition of the National Theater on May 17 resulted in 64 arrests, charged with disobeying law enforcement and participating in illegal gatherings (violating curfew imposed to counter the spread of COVID-19).

The constitution requires authorities to inform detainees immediately of their rights and the charges against them. Law enforcement authorities did not always respect this requirement. The law provides for bail and a system is operational; police frequently release detainees without bail, on the condition that they report regularly to the police station. Courts also often ordered suspects to report to police or prosecutors on a weekly basis. While the law gives detainees the right to prompt access to an attorney, at public expense if necessary, NGOs reported interrogations often took place without the presence of a lawyer. Authorities placed many suspects under house arrest, often at their own request, because they would receive credit for time served if convicted.

Arbitrary Arrest: The constitution and law prohibit arbitrary arrest and detention. Although the government generally observed these prohibitions, there were instances when police detained persons for questioning for inordinate lengths of time without formally arresting them.

Pretrial Detention: While the law requires completion of most pretrial investigations within three months, a prosecutor may extend this period. The law provides that pretrial detention should not exceed three years. Extended pretrial detention often occurred due to delayed investigations, defense mistakes, or the intentional failure of defense counsel to appear. The law authorizes judges to hold offending attorneys in contempt of court. Limited material resources, lack of space, poor court-calendar management, insufficient staff, and failure of attorneys and witnesses to appear prevented the court system from adjudicating cases in a timely fashion. As of August, 47 percent of the prison and detention center population was in pretrial detention.

e. Denial of Fair Public Trial

Although the constitution provides for an independent judiciary, political pressure, intimidation, widespread corruption, and limited resources sometimes prevented the judiciary from functioning independently and efficiently. Court hearings were often not open to the public. Court security officers frequently refused to admit observers to hearings and routinely telephoned the presiding judge to ask whether to admit an individual seeking to attend a hearing. Some agencies disregarded court orders.

The government continued to implement an internationally monitored process to vet judges and prosecutors and dismiss those with unexplained wealth or ties to organized crime. As of November, 45 percent of judges and prosecutors who had undergone vetting had failed and been dismissed, 37 percent passed, and 18 percent resigned. As a result, the Constitutional Court had only four of nine judges seated for most of the year, depriving it of a quorum to decide on cases pending review. In December, parliament and the president added three more judges to the court, reaching a quorum of seven of nine judges. The Supreme Court had only three of 19 judges seated. Those judges did not constitute a quorum to decide cases but have begun to reduce the backlog of cases, which requires just three judges.

The politicization of past appointments to the Supreme Court and Constitutional Court at times threatened to undermine the independence and integrity of these institutions.

The implementation of justice reform provisions led to a pause in normal disciplinary processes while the country establishes independent disciplinary bodies. Since its establishment in February, the High Justice Inspectorate, which conducts disciplinary investigations, approved six decisions to start disciplinary investigations against magistrates. In July the High Justice Inspectorate initiated disciplinary proceedings on human rights violations against a prosecutor and submitted its findings to the High Prosecutorial Council.

Trial Procedures

The constitution and law provide for the right to a fair and public trial without undue delay. The law presumes defendants to be innocent until proven guilty. It provides for defendants to be informed promptly and in detail of the charges against them, with free interpretation as necessary. Defendants have the right to be present at their trial and to consult an attorney. If they cannot afford one, an attorney is to be provided at public expense. The law provides defendants adequate time and facilities to prepare a defense and access to interpretation free of charge. Defendants have the right to confront witnesses against them and to present witnesses and evidence in their defense. Defendants may not be compelled to testify or confess guilt. Defendants have the right to appeal. The government generally respected these rights, although trials were not always public and access to an attorney was at times problematic. To protect the rights of defendants and their access to the evidence against them, a prosecutor must petition a preliminary hearing judge and make a request to send the case to trial.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

While individuals and organizations may seek civil remedies for human rights violations, courts were susceptible to corruption, inefficiency, intimidation, and political tampering. These factors undermined the judiciary’s authority, contributed to controversial court decisions, and led to an inconsistent application of civil law. Courts have taken steps to address the issue by using audio recording equipment. Despite the statutory right to free legal aid in civil cases, NGOs reported that very few individuals benefitted from this during the year. The Ministry of Justice established the Free Legal Aid Directorate, law clinics at state universities, an online platform during the COVID-19 pandemic, and a telephone line to request free legal aid to address these issues.

Claimants who had exhausted remedies in domestic courts could appeal to the European Court of Human Rights (ECHR). In many cases authorities did not enforce ECHR rulings, especially those concerning the right to a fair trial. The Office of the Ombudsman expressed its concern about the increasing number of cases before the ECHR, the country’s low rate of compliance with judicial decisions, and the failure to execute the final rulings of courts and the ECHR.

Persons who were political prisoners under the former communist regime continued to petition the government for compensation. The government made some progress on disbursing compensation during the year.

Property Restitution

The Office of the Ombudsman and NGOs reported that some claimants struggled to obtain due process from the government for property claims. Thousands of claims for private and religious property confiscated during the communist era remained unresolved with the Agency for the Treatment of Property. Claimants may appeal to the ECHR, and many cases were pending ECHR review. The ombudsman reported that as of June, 39 cases against the state were before the ECHR, involving millions of euros in claims. The ombudsman reported that the government generally paid judgements against the state according to the timeframe set by the ECHR. The Assembly enacted legislation in April that allows owners to claim restitution or compensation for agricultural property the communist government collectivized.

The country endorsed the Terezin Declaration in 2009 and the Guidelines and Best Practices in 2010. It does not have any restitution or compensation laws relating to Holocaust-era confiscation of private property. Under the law, religious communities have the same restitution and compensation rights as natural or legal persons. The government reported no property claims had been submitted by victims of the Holocaust.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

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

The constitution and laws prohibit arbitrary or unlawful interference with privacy, family, home or correspondence, but there were reports that the government failed to respect those prohibitions. The Tirana Prosecution Office referred two cases to trial after conducting investigations.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government usually respected these rights, although defamation is a criminal offense. There were reports that the government, businesses, and criminal groups sought to influence the media in inappropriate ways.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. There were efforts to exert direct and indirect political and economic pressure on the media, including by threats and violence against journalists who tried to investigate crime and corruption.

Business owners freely used their media outlets to gain favor and promote their interests with political parties. Most owners of private television stations used the content of their broadcasts to influence government action toward their other businesses. There were credible reports of senior media representatives using media outlets to blackmail businesses by threatening unfavorable, sometimes factual and sometimes speculative, media coverage. Political pressure, corruption, and lack of funding constrained independent print media, and journalists reportedly practiced self-censorship. Economic insecurity due to a lack of enforceable labor contracts reduced reporters’ independence and contributed to bias in reporting. The Albanian Journalists Union (AJU) continued to report significant delays in salary payments to reporters at many media outlets, in some instances of up to 10 months. According to the journalist union, the pandemic worsened these delays. Financial problems led some journalists to rely more heavily on outside sources of income, leading to questions of integrity in reporting.

NGOs maintained that professional ethics were a low priority for some of the estimated 900-plus news portals in the country, raising concerns over the spread of false news stories that benefited specific financial, political, and criminal interests. The dramatic growth in online media outlets provided a diversity of views as well as opportunities for corruption.

Violence and Harassment: The AJU reported five cases of violence and intimidation through November against members of the media, and political and business interests subjected journalists to pressure. In March the police detained a reporter following the asylum petition of Turkish citizen Selami Simsek (see subsection on Access to Asylum below) for several hours. In June the police detained a reporter for several hours while he was filming a demolition operation in Lezha. The police gave no reason for the detention. In October an explosion occurred at the gate of the house of News 24 TV correspondent Elidon Ndreka; no injuries were reported. The AJU condemned the incidents and called on authorities to punish perpetrators.

Censorship or Content Restrictions: Journalists often practiced self-censorship to avoid violence and harassment. The AJU cited censorship and self-censorship as leading problems for journalists. A survey of 800 media professionals published in 2019 found that 62 percent of respondents thought there was interference from individuals or politics, 60 percent thought there was interference from media owners, 39 percent thought there was self-censorship, and 31 percent thought there was corruption in the media. About 78 percent of media professionals thought there were journalists who engaged in corrupt practices to misreport stories.

Libel/Slander Laws: The law permits private parties to file criminal charges and obtain financial compensation for insult or deliberate publication of defamatory information. NGOs reported that the fines were excessive and, combined with the entry of a criminal conviction into the defendant’s record, undermined freedom of expression. The AJU expressed concern that as of August, there were more than 20 lawsuits against journalists, mainly for defamation.

In 2019 the Assembly passed legislation, the so-called antidefamation package, which amended existing media laws to address defamation. NGOs and some international organizations criticized the amendments, sparking public debate, and the president returned the law to parliament on January 11.

Internet Freedom

The government did not 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 authority.

Academic Freedom and Cultural Events

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

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for 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

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

In-country Movement: To receive government services, citizens changing place of residence within the country must transfer their civil registration to their new community and prove the legality of their new domicile through property ownership, a property rental agreement, or utility bills. Many individuals could not provide documentation and thus lacked access to public services. Other citizens, particularly Roma and Balkan-Egyptians, lacked formal registration in the communities where they resided. The law does not prohibit their registration, but it was often difficult to complete. Many Roma and Balkan-Egyptians lacked the financial means to register. In September media reported on cases in which the Interior Ministry, while preparing voter lists for national elections scheduled for April 2021, had transferred the residency of some citizens without their knowledge. The ministry corrected a number of these transfers.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: The Office of the UN High Commissioner for Refugees (UNHCR) reported some cases of border police returning migrants to Greece despite indicating an intention to seek asylum.

Authorities detained 7,404 irregular migrants who entered the country between January and August, mostly at the country’s southern border with Greece; most of those who did not request asylum were deported to Greece within 24 hours. Migrants detained further inland could spend several weeks at the Karrec closed migrant detention facility awaiting deportation. Migrants who claimed asylum were housed at the Babrru open migrant facility. Many of the irregular migrants placed in Babrru were later apprehended again attempting to cross into Montenegro rather than remaining in the country to pursue asylum requests. Karrec and Babrru centers faced funding constraints, and the government closed the Babrru center temporarily to assess wear and tear to the facility and estimate needed repairs.

Police allowed UNHCR, the Office of the Ombudsman, and the NGO Caritas to monitor the access of arrivals to national procedures and return of persons to countries from which they arrived. The ombudsman and Caritas were also allowed to monitor the detention of migrants.

Refoulement: The January 1 expulsion of Harun Celik, a citizen of Turkey and alleged follower of Fethullah Gulen, who the Turkish government claimed was behind the July 2016 attempted coup in Turkey, raised questions about Celik’s access to asylum. Celik had been arrested in 2019 in Tirana International Airport for attempting to travel on a forged Canadian visa. When Celik finished his prison sentence, border authorities expelled him from the country and placed him on a flight to Turkey, despite assertions that Celik had requested asylum. The UN’s special rapporteur on the human rights of migrants, along with other UN bodies, opened an inquiry, including the question of whether or not this was a case of refoulement.

Celik’s compatriate and alleged follower of Gulen, Selami Simsek, was also arrested in 2019 for attempting to travel on a forged Canadian visa. Simsek was released from prison on March 9 but remained in the Karrec closed-migrant facility. Media reported that Simsek was taken to the Interior Ministry at 9 p.m.–outside working hours–on March 9 after his release from prison for an interview regarding his asylum application. The ministry denied the application the same day, and the National Commission on Asylum and Refugees rejected his appeal on September 10. It was disputed whether Simsek was provided adequate notice of either decision. The Turkish government continues to press for summary return of Simsek and others alleged to be connected to Fethullah Gulen.

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

There were credible reports from NGOs, migrants, and asylum seekers that authorities did not follow due process procedures for some asylum seekers and that in other cases those seeking asylum did not have access to the social care and other services due to limited issuance of identification cards. Caritas and the Office of the Ombudsman were critical of the government’s migrant screening and detention procedures. There were reports of border police pushing migrants back into Greece.

The law on asylum requires authorities to grant or deny asylum within 51 days of an applicant’s initial request. Under the law, asylum seekers cannot face criminal charges of illegal entry if they contact authorities within 10 days of their arrival in the country.

Safe Country of Origin/Transit: The law limits individuals from safe countries of origin or transit from applying for asylum or being granted refugee status. UNHCR reported that one asylum request had been refused based on the government’s list of safe countries, which included Greece.

Employment: While the law permits refugees to work, they must first obtain Albanian citizenship to receive identification cards and work permits.

Access to Basic Services: The law provides refugees access to public services, including education, health care, housing, law enforcement, courts and judicial procedures, and legal assistance.

g. Stateless Persons

According to UNHCR statistics, approximately 700 persons at risk of statelessness were identified under the agency’s statelessness mandate by November. The government does not have data regarding the total number of stateless persons or persons at risk of statelessness in the country. The law allows stateless persons to acquire citizenship under certain conditions, although there is no separate legislation that specifically addresses citizenship for stateless persons. UNHCR reported that new legislation on citizenship significantly reduced the risk of statelessness in the country.

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: The most recent national parliamentary elections took place in 2017. The Organization for Security and Cooperation in Europe (OSCE) observation mission for the elections reported that contestants “were able to campaign freely and fundamental freedoms were respected.” The OSCE further noted the “continued politicization of election-related bodies and institutions as well as widespread allegations of vote buying and pressure on voters detracted from public trust in the electoral process.” Regarding voting itself, the OSCE mission noted “an overall orderly election day” but found that “important procedures were not fully respected in a considerable number of voting centers observed.”

Local elections took place in June 2019. The main opposition party and others boycotted the elections, alleging government collusion with organized crime to commit electoral fraud. The OSCE election observation mission reported that, as a consequence of the boycott, “voters did not have a meaningful choice between political options” and “there were credible allegations of citizens being pressured by both sides.”

Political Parties and Political Participation: Media outlets reported allegations of the use of public resources for partisan campaign purposes in the 2017 parliamentary and 2019 local elections, and there were reports of undue political influence on the media. There were also reports of limited access to voting for persons with disabilities.

Participation of Women and Members of Minority Groups: No laws limit the participation of women and members of minority groups in the political process, and they did participate. Following the 2017 elections, the share of Assembly members who were women increased to a record 29 percent, and following a major cabinet reshuffle the female senior government officials rose to 53 percent. The law governing the election of Assembly members requires that 30 percent of candidates be women and that they occupy 30 percent of appointed and elected positions. According to the OSCE final report on the 2017 elections, however, the largest parties did not always respect the mandated 30 percent quota in their candidate lists. The Central Election Commission fined the parties but nonetheless accepted their lists.

Members of national minorities stood as candidates in both minority and mainstream parties in the 2017 parliamentary elections and 2019 local elections. Observers noted campaigning in the Greek and Macedonian languages without incident. Nevertheless, observers reported that some minorities remained vulnerable to vote buying. One Balkan-Egyptian candidate joined the Assembly as a member when the Central Election Commission replaced members of the opposition who resigned from the body in February 2019.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by public officials, and also prohibits individuals with criminal convictions from serving as mayors, parliamentarians, or in government or state positions, but the government did not implement the law effectively. Corruption was pervasive in all branches of government, and officials frequently engaged in corrupt practices with impunity. Examples include a 2019 mayoral candidate previously convicted of drug trafficking.

The constitution requires judges and prosecutors to undergo vetting for unexplained wealth, ties to organized crime, and professional competence. The Independent Qualification Commission conducted vetting, and the Appeals Chamber reviewed contested decisions. The International Monitoring Operation, composed of international judicial experts, oversaw the process. As of November, 125 judges and prosecutors were dismissed, 103 confirmed, while 48 others had resigned rather than undergo vetting.

Several government agencies investigated corruption cases, but limited resources, investigative leaks, real and perceived political pressure, and a haphazard reassignment system hampered investigations.

Corruption: Between January and September, the prosecutor general’s office registered 20 new corruption cases and dismissed seven. The Department of Administration, Transparency, and Anticorruption investigated 29 cases, resulting in 115 administrative and 153 disciplinary measures.

The December 2019 establishment of the Special Prosecution Office on Corruption and Organized Crime, one of two entities constituting the Special Structure on Anticorruption and Organized Crime, resulted in 327 new criminal investigations and 65 requests sent to court as of November. While prosecutors made significant progress in pursuing low-level public corruption cases, including corrupt prosecutors and judges, prosecution of higher-level suspects remained rare due to investigators’ fear of retribution, a lack of resources, and corruption within the judiciary itself. In September the appellate court remanded the conviction of a former interior minister for retrial. In November the Special Prosecution Office filed charges against a former prosecutor general for hiding assets and seized several of those assets in December.

The High Inspectorate reported that through August, it had referred 60 new cases for prosecution, involving two Assembly members, one deputy minister, three mayors, 32 general directors of public agencies, one head of public procurement at customs, and five heads of regional customs departments. Charges included refusing to declare assets, hiding assets, or falsifying asset declarations; money laundering; tax evasion; falsification of documents; and general corruption.

Police corruption remained a problem. Through June the SIAC received 5,051 complaints via an anticorruption hotline, of which 1,819 were within the jurisdiction of the service and 3,232 were referred to other agencies. Through November the SIAC investigated 1,016 complaints. Most of the complaints alleged a failure to act, violation of standard operating procedures, abuse of office, arbitrary action, police bias, unfair fines, and passive corruption. SIAC referred to the prosecution 202 cases involving 299 officials. The Office of the Ombudsman also processed complaints against police officers, mainly concerning problems with arrests and detentions.

Police did not always enforce the law equitably. Personal associations, political or criminal connections, deficient infrastructure, lack of equipment, and inadequate supervision often influenced law enforcement. Authorities continued to address these problems by renovating police facilities, upgrading vehicles, and publicly highlighting anticorruption measures. The government has established a system of vetting security officials and, as of November, had completed vetting 32 high-level police and SIAC leaders.

Financial Disclosure: The law requires public officials to disclose their assets to the High Inspectorate for the Declaration and Audit of Assets and Conflict of Interest, which monitored and verified such disclosures and made them available to the public. The law authorizes the High Inspectorate to fine officials who fail to comply with disclosure requirements or to refer them to the prosecutor.

Through August the High Inspectorate fined 10 individuals for not disclosing their assets or conflicts of interest or for violating the law on whistleblower protection. Courts generally upheld fines imposed by the High Inspectorate.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses 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 generally were cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the Ombudsman is the main independent institution for promoting and enforcing human rights. It is authorized by law to monitor and report on prisons and detention centers. The office may initiate an investigation based on complaints or on its own authority. Although the ombudsman lacked the power to enforce decisions, it acted as a monitor of human rights violations.

The Office of the Ombudsman was underfunded and understaffed.

The Assembly has committees on legal issues, public administration, and human rights, which review the annual report of the Office of the Ombudsman. The committee was engaged and effective in legislative matters.

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

Women

Rape and Domestic Violence: Rape, including spousal rape, is a crime; the law also includes provisions on sexual assault. Penalties for rape and sexual assault depend on the age of the victim. For rape of an adult, the penalty is three to 10 years in prison. The government did not enforce the law effectively. Authorities did not disaggregate data on prosecutions for spousal rape. The concept of spousal rape was not well understood, and authorities often did not consider it a crime.

The law on domestic violence extends protection to victims in a relationship or civil union and provides for issuance of a protective order that automatically covers children as well. In November the Assembly amended the law to provide for ordering the abuser to leave the premises of the victim. Police operated an automated application issuance process within the police case management system, which allows for rapid issuance of protective orders and produces a record of orders issued. Through November the system was used to document the generation of 2,324 protective orders.

In April the Ministry of Health and Social Protection approved a protocol for operating shelters for victims of domestic violence and trafficking during the COVID-19 pandemic. The protocol provides services to victims of domestic violence and trafficking while following guidance on social distancing. The ministry posted a video message reminding citizens to report any case of suspected domestic violence and provided a hotline and police number on its web page.

As of November, investigators and prosecutors had registered 81 cases of alleged sexual assault. Also through November, investigators and prosecutors registered 4,313 cases of domestic violence, six of which were murders. UNICEF reported 370 cases of domestic violence through August, with fewer cases referred in 2020 than in 2019. NGOs reported high levels of domestic violence against women. According to a 2018 survey of women between the ages of 18 and 74 that the UN Development Program released in March 2019, 52.9 percent of women surveyed reported having been subjected to violence or sexual harassment during their lifetimes.

The government operated one shelter to protect survivors of domestic violence and three shelters for victims of human trafficking that also accommodated victims of domestic violence. In 2018 the government began operating a crisis management center for victims of sexual assault at the Tirana University Hospital Center. The Ministry of Health and Social Protection reported that as of December, the center had treated 20 victims, 14 of whom were minors.

Sexual Harassment: The law prohibits sexual harassment, but officials rarely enforced it. The commissioner for protection from discrimination generally handled cases of sexual harassment and could impose fines.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. There are no legal barriers to access to contraceptives, which are provided free of charge to insured women. Nevertheless, women and girls often did not use this right for a variety of reasons, including fear of stigma from health-care service providers and members of their community. Some women and girls, particularly those living in remote, rural areas, faced significant challenges in accessing essential sexual and reproductive health services. Women from disadvantaged and marginalized groups, such as women with disabilities, LGBTI community members, Roma, and Balkan Egyptian women, were often unaware of their rights to reproductive health services.

In 2018 the Ministry of Health and Social Protection established the Lilium Center with the support of UNDP to provide integrated services to survivors of sexual violence. The center is in a hospital setting and provides health care services, social services, and forensic examinations at a single location by professionals trained in cases of sexual violence. The center functions are based on the model adopted by the Albanian National Council for Gender Equality.

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

Discrimination: The law provides the same legal status and rights for women as for men, but the government did not enforce the law effectively. Women were underrepresented in many fields at the highest levels. The law mandates equal pay for equal work, although many private employers did not fully implement this provision. In many communities, women experienced societal discrimination based on traditional social norms subordinating women to men.

There were reports of discrimination in employment. Through August the commissioner for protection from discrimination received 83 complaints of employment discrimination, 54 of which were against public entities and 29 against private entities. The complaints alleged discrimination based mainly on political affiliation, health conditions, or disability. The commissioner ruled in favor of the employee in nine cases, five of which were against public entities and four against private entities. Through August the commissioner had received 11 complaints of discrimination on the basis of gender and ruled in favor of the employee in one case. In that case, the commissioner for protection from discrimination ruled against the Trans Adriatica Spiecapag company for dismissing a female employee due to her pregnancy, status as a parent, and gender.

Gender-biased Sex Selection: According to official figures, in 2019 the ratio of boys to girls at birth was 108 to 100. There were no government-supported efforts to address the imbalance.

Children

Birth Registration: An individual acquires citizenship by birth in the country or from a citizen parent. There were no reports of discrimination in birth registration, but onerous residency and documentation requirements for registration made it more difficult for the many Romani and Balkan-Egyptian parents who lacked legally documented places of residence to register their children. The law on civil status provides financial incentives for birth registration.

Children born to internal migrants, including some Romani families, or those returning from abroad, frequently had no birth certificates or other legal documents and consequently were unable to attend school or have access to services.

Education: School attendance is mandatory through the ninth grade or until the age of 16, whichever occurs first, but many children, particularly in rural areas, left school earlier to work with their families. Parents must purchase supplies, books, uniforms, and space heaters for some classrooms; these were prohibitively expensive for many families, particularly Roma and members of other minorities.

Children in first through fourth grade are legally entitled to free textbooks. Because of the need to use online class delivery during the pandemic, the government offered free schoolbooks to students from the first to the seventh grade; children with special needs were eligible for free schoolbooks from the first through the twelfth grade.

Child, Early, and Forced Marriage: Although the legal minimum age for marriage is 18, authorities did not always enforce the law. Underage marriages occurred mostly in rural areas and within Romani communities.

Sexual Exploitation of Children: Penalties for the commercial sexual exploitation of a child range from eight to 15 years’ imprisonment. The country has a statutory rape law; the minimum age for consensual sex is 14. The penalty for statutory rape is a prison term of five to 15 years. In aggravated circumstances, the penalty may increase to life imprisonment. The law prohibits making or distributing child pornography, which is punishable by imprisonment for three to 10 years. Possession of child pornography is also illegal.

Authorities generally enforced laws against rape and sexual exploitation of minors effectively, but NGOs reported that they rarely enforced laws prohibiting child pornography. The government reported that as of November, 13 children had been sexually exploited none of them involving pornography. In early June, reports emerged of a 14-year-old girl who was raped and later sexually exploited; videos of the abuse were posted online. The case has gone to trial.

Displaced Children: There were many displaced and street children, particularly in the Romani community. Some street children begged and some of them became trafficking victims. Since the law prohibits the prosecution of children younger than 14 for burglary, criminal gangs at times used displaced children to burglarize homes.

Institutionalized Children: NGOs considered the migrant detention facility in Karrec to be unsuitable for children and families. The government made efforts to avoid sending children there, sending them instead to the open-migrant facility in Babrru.

Some NGOs raised concerns about the transparency of the treatment of children who were under state residential care. The law allows for moving children out of residential centers and into the care of foster families, but the government and municipalities have not used this option frequently.

Through August the General Directorate of Prisons reported that there were 17 juveniles in the justice system, none of whom had been convicted. The country lacked adequate facilities for pretrial detention of children, although the Juvenile Institute in Kavaja, the only institution in the country for juvenile offenders, was adequate for the population it served. The directorate reported that the number of minors in pretrial detention and detention facilities had decreased because of alternative sentencing.

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

Anti-Semitism

Reports indicated that there were 40 to 50 Jews living in the country. There were no reports of anti-Semitic acts. In September Valentina Leskaj, a former government minister, joined the Combat Anti-Semitism Movement Advisory Board, becoming its first Muslim member.

Trafficking in Persons

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

Persons with Disabilities

The constitution and laws prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. Nevertheless, employers, schools, health-care providers, and providers of other state services at times engaged in discrimination. The law mandates that new public buildings be accessible to persons with disabilities, but the government only sporadically enforced the law.

As of August the commissioner for protection from discrimination had received two complaints of alleged discrimination against individuals with disabilities and ruled in favor of the complainants in five cases. In one case the commissioner ruled against the local education office in Elbasan for refusing to hire a teacher because of her disability.

The government sponsored social services agencies to protect the rights of persons with disabilities, but these agencies lacked funding to implement their programs adequately. Resource constraints and lack of infrastructure made it difficult for persons with disabilities to participate fully in civic affairs. Voting centers often were in facilities that lacked accessibility or other accommodations. A 2018 study by World Vision and Save the Children reported that none of the 10 municipalities surveyed had a plan to eliminate barriers to information, communication, and mobility for persons with disabilities, or a dedicated budget to address the problem.

Members of National/Racial/Ethnic Minority Groups

There were allegations of discrimination against members of the Romani and Balkan-Egyptian communities, including in housing, employment, health care, and education. Some schools resisted accepting Romani and Balkan-Egyptian students, particularly if the students appeared to be poor. Many schools that accepted Romani students marginalized them in the classroom, sometimes by physically setting them apart from other students.

As of August, the commissioner for protection from discrimination had received 12 complaints of discrimination on grounds of race and ethnicity, ruling in favor of the complainant in two cases. In one case the commissioner ruled against Fier municipality and its water and sewage utility for discriminating against Romani households. The commissioner ordered the municipality and utility to supply running water to the families. When the municipality and utility did not respond, the commissioner imposed fines.

The government adopted legislation on official minorities in 2017 but has not passed all the regulations needed for its implementation. The law provides official minority status for nine national minorities without distinguishing between national and ethnolinguistic groups. The government defined Greeks, Macedonians, Aromanians (Vlachs), Roma, Balkan-Egyptians, Montenegrins, Bosnians, Serbs, and Bulgarians as national minorities. The legislation provides for minority language education and dual official language use for the local administrative units in which minorities traditionally reside or in which a minority makes up 20 percent of the total population. The ethnic Greek minority complained about the government’s unwillingness to recognize ethnic Greek communities outside communist-era “minority zones.”

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

The law prohibits discrimination based on sexual orientation, including in employment. Enforcement of the law was generally weak. As of August, the commissioner for protection from discrimination had received one case of discrimination based on sexual orientation, which the commission started ex officio and ruled that discrimination had occurred.

Sexual orientation and gender identity are among the classes protected by the country’s hate crime law. Despite the law and the government’s formal support for lesbian, gay, bisexual, transgender, and intersex rights, public officials sometimes made homophobic statements.

HIV and AIDS Social Stigma

The law prohibits discrimination against individuals with HIV or AIDS. The Association of People Living with HIV or AIDS reported that stigma and discrimination caused individuals to avoid getting tested for HIV, leading to delayed diagnosis and consequently delayed access to care and support. Persons living with HIV or AIDS faced employment discrimination, and children living with HIV faced discrimination in school.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law and related regulations and statutes provide the right for most workers to form independent unions, conduct legal strikes, and bargain collectively. The law prohibits antiunion discrimination and provides for the reinstatement of workers fired for union activity.

The law prohibits members of the military and senior government officials from joining unions and requires that a trade union have at least 20 members to be registered. The law provides the right to strike for all workers except indispensable medical and hospital personnel, persons providing air traffic control or prison services, and fire brigades. Strike action is prohibited in “special cases,” such as a natural catastrophe, a state of war, extraordinary situations, and cases where the freedom of elections is at risk. Workers not excluded by their positions exercised their right to strike.

The law provides limited protection to domestic and migrant workers. Labor unions were generally weak and politicized. Workers who engage in illegal strikes may be compelled to pay for any damages due to the strike action.

Government enforcement of the law remained largely ineffective, in part due to the extent of informal employment. Resources for conducting inspections and remedying violations were not adequate. Penalties were rarely enforced and were not commensurate to those under other laws related to the denial of civil rights. Administrative and judicial procedures were subject to lengthy delays and appeals. Arbitration procedures allowed for significant delays that limited worker protections against antiunion activity.

Civilian workers in all fields have the constitutional right to organize and bargain collectively, and the law establishes procedures for the protection of workers’ rights through collective bargaining agreements. Unions representing public sector employees negotiated directly with the government. Effective collective bargaining remained difficult because employers often resisted union organizing and activities. In this environment collective bargaining agreements, once reached, were difficult to enforce.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not always effectively enforce the law. Lack of coordination among ministries and the sporadic implementation of standard operating procedures hampered enforcement. Penalties for violations were commensurate to those for other serious crimes but were seldom enforced. Some law enforcement organizations and the victim advocates at the prosecutors’ offices received training in a victim-centered approach to victims of human trafficking. The government continued to identify victims of forced labor and prosecuted and convicted a small number of traffickers.

The Labor Inspectorate reported no cases of forced labor in the formal sector during the year. See section 7.c. for cases involving children in forced labor in the informal sector.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law sets the minimum age of employment at 16 but allows children at the age of 15 to be employed in “light” work that does not interfere with school. Children younger than 18 may generally only work in jobs categorized as “light.” Children may work up to two hours per day and up to 10 hours per week when school is in session, and up to six hours per day and 30 hours per week when school is not in session. Children who are 16 or 17 may work up to six hours per day and up to 30 hours per week if the labor is part of their vocational education. By law, the State Inspectorate for Labor and Social Services (SILSS), under the Ministry of Finance and Economy, is responsible for enforcing minimum age requirements through the courts, but it did not adequately enforce the law.

Labor inspectors investigated the formal labor sector, whereas most child labor occurred in the informal sector. Children engaged in gathering recyclable metals and plastic, small-scale agricultural harvesting, selling small goods in the informal sector, serving drinks and food in bars and restaurants, the clothing industry, and mining. There were reports that children worked as shop vendors, vehicle washers, textile factory workers, or shoeshine boys. There were isolated reports of children subjected to forced labor in cannabis fields in 2019. The number of children engaged in street-related activities (such as begging or selling items) increased during the summer, particularly around tourist areas.

Children were subjected to forced begging and criminal activity. Some of the children begging on the street were second- or third-generation beggars. Research suggested that begging started as early as the age of four or five. While the law prohibits the exploitation of children for begging, police generally did not enforce it, although they made greater efforts to do so during the year. In several cases, police detained parents of children found begging in the street and referred children for appropriate child services care. The State Agency on Children’s Rights continued to identify and manage cases of street children identified by mobile identification units.

In 2013, the most recent year for which statistics were available, the government’s statistical agency and the International Labor Organization estimated that 54,000 children were engaged in forced labor domestically. An estimated 43,000 children worked in farms and fishing, 4,400 in the services sector, and 2,200 in hotels and restaurants. Nearly 5 percent of children were child laborers.

SILSS did not carry out inspections for child labor unless there was a specific complaint. Most labor inspections occurred in shoe and textile factories, call centers, and retail enterprises; officials found some instances of child labor during their inspections. Penalties were rarely assessed and were not commensurate with those for other serious crimes. As of July, SILSS reported 101 children under the age of 18 registered to work, 88 percent of whom were in manufacturing enterprises.

The NGO Terre des Hommes reported that the COVID-19 pandemic may have worsened child labor violations. Restriction of movement and other measures against COVID-19 produced new exploitation trends, such as door-to-door begging and afternoon and night street work.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws prohibit employment discrimination because of race, skin color, gender, age, physical or mental disability, political beliefs, language, nationality, religion, family, HIV/AIDS status, or social origin. The government did not enforce the law and penalties for violations were not commensurate with those under other laws related to denials of civil rights. The commissioner for protection from discrimination reported that most allegations of discrimination involved race, sexual orientation, economic status, or disability.

There are laws prohibiting women from engaging in work that requires lifting more than 20 kilograms.

e. Acceptable Conditions of Work

The national minimum wage was higher than the national poverty threshold. SILSS and tax authorities are responsible for enforcing the minimum wage but had an insufficient number of staff to enforce compliance.

While the law establishes a 40-hour work week, individual or collective agreements typically set the actual work week. The law provides for paid annual holidays, but only employees in the formal labor market had rights to paid holidays. Many persons in the private sector worked six days a week. The law requires rest periods and premium pay for overtime, but employers did not always observe these provisions. The government rarely enforced laws related to maximum work hours, limits on overtime, or premium pay for overtime, especially in the private sector. These laws did not apply to migrant workers or workers in the informal sector, which made up 56 percent of the economy, according to the International Labor Organization’s 2019 Overview of the Informal Economy in Albania.

SILSS is responsible for occupational health and safety standards and regulations, and while these were appropriate for the main industries, enforcement was lacking overall. Violations of wage and occupational safety standards occurred most frequently in the textile, footwear, construction, and mining industries. Resources and inspections were not adequate, and penalties were not commensurate to those of other similar crimes. Law enforcement agencies lacked the tools to enforce collection and consequently rarely charged violators. The number of inspectors was insufficient to enforce compliance. Inspectors did have the authority to make unannounced inspections and initiate sanctions.

Workers often could not remove themselves from situations that endangered their health or safety without jeopardizing their employment. Employers did not effectively protect employees in this situation. Through October there were 137 major industrial accidents that caused death or serious injury to workers.

Algeria

Executive Summary

Algeria is a multiparty republic whose president, the head of state, is elected by popular vote for a five-year term. The president has the constitutional authority to appoint and dismiss cabinet members and the prime minister, who is the head of government. A 2016 constitutional revision requires the president to consult with the parliamentary majority before appointing the prime minister. President Abdelmadjid Tebboune came to office after winning the December 2019 presidential election, which saw approximately 40-percent voter turnout, following mass popular demonstrations (known as the Hirak) throughout 2019 calling for democratic reforms. Observers characterized the elections as well organized and conducted without significant problems or irregularities, but noted restrictions on civil liberties during the election period and lack of transparency in vote-counting procedures.

The 130,000-member National Gendarmerie, which performs police functions outside of urban areas under the auspices of the Ministry of National Defense, and the 200,000-member General Directorate of National Security or national police, under the Ministry of Interior, share responsibility for maintaining law and order. The army is responsible for external security, guarding the country’s borders, and has some domestic security responsibilities. Civilian authorities generally maintained effective control over the security forces. The Ministry of Justice reported no civil, security, or military officials were prosecuted or convicted of torture or other abusive treatment. Members of the security forces committed some abuses.

Algeria held a constitutional referendum on November 1. The president and supporters of the referendum argued the new constitution will lead to a greater balance of power between the president and parliament; opponents believed the draft will further consolidate presidential power and did not include sufficient governance and human rights reforms. The constitutional referendum passed with 66.8-percent support and 23.7-percent turnout, which observers assessed was accurate.

Significant human rights issues included: arbitrary detention; political prisoners; lack of judicial independence and impartiality; unlawful interference with privacy; serious restrictions on freedom of expression and press, including criminal defamation laws, arrests of journalists, and site blocking; substantial interference with freedoms of peaceful assembly and association; refoulement of refugees to a country where they would face a threat to their life or freedom; corruption; lack of investigation of and accountability for violence against women; trafficking in persons; criminalization of consensual same-sex sexual conduct; significant restrictions on workers’ freedom of association; and the worst forms of child labor.

The government took steps to investigate, prosecute, or punish public officials who committed violations, especially corruption. Impunity for police and security officials remained a problem, but the government provided information on actions taken against officials accused of wrongdoing.

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 during the year that the government or its agents committed arbitrary or unlawful killings. The government completed its investigation into the April 2019 death of Ramzi Yettou, whom police allegedly beat while he was walking home from an antigovernment protest in Algiers. Yettou died one week after the incident. The cause of death was reported as “undetermined,” prompting authorities to order the investigation. The government did not release the investigation conclusions publicly.

The government did not investigate the May 2019 death of Kamel Eddine Fekhar, who died in pretrial detention following a nearly 60-day hunger strike after his arrest in March 2019, despite ongoing requests from NGOs and Fekhar’s family to conduct an investigation.

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 torture and prescribes prison sentences of between 10 and 20 years for government agents found guilty of torture. Human rights activists reported police occasionally used excessive force against suspects, including protestors that could amount to torture or degrading treatment. The Ministry of Justice did not provide figures about prosecutions of police officers for abuse during the year. Local and international nongovernmental organizations (NGOs) asserted that impunity in security forces was a problem.

Prison and Detention Center Conditions

There were some significant reports of mental and physical abuse in detention centers that raised human rights concerns. Human rights lawyers and activists expressed concern with prisons’ COVID-19 management.

On July 17, Moussa Benhamadi, former minister and member of the National Liberation Front (FLN), died from COVID-19 while imprisoned. Benhamadi had been held in pretrial detention at El-Harrach Prison since September 2019 as part of an investigation into corruption involving the local high-tech firm Condor Electronics. According to Benhamadi’s brother, he contracted the virus on July 4 and was only transferred to a hospital in Algiers on July 13.

Authorities held some pretrial detainees in prolonged solitary confinement. Authorities held Karim Tabbou, leader of the unrecognized political party Union Democratique et Sociale (UDS), in solitary confinement from his arrest in September 2019 until his July release. Authorities charged him with undermining the morale of the army and distributing flyers or other publications that could harm the national interest.

Authorities referred businessman Rachid Nekkaz, president of the Movement for Youth and Change party and former presidential candidate, to the criminal court on July 29. The government held him in solitary confinement at Kolea Prison after his December 2019 arrest. In November 2019 Nekkaz called for the elimination of all parliamentarians who planned to vote for the Hydrocarbons Law “via Kalashnikov.”

The penal code prohibits the detention of suspects in any facilities not designated for that purpose and declared to the local prosecutor, who has the right to visit such facilities at any time.

Physical Conditions: In 2019, four prisons (out of 49 nationwide) had an inmate population that was between 7 and 10 percent above capacity, according to the Ministry of Justice, which also reported a total prisoner population of 65,000 individuals. Convicted terrorists had the same rights as other inmates but were held in prisons of varying degrees of security, determined by the danger prisoners posed. Prison authorities separate vulnerable persons but provide no consideration for sexual orientation. There were no legal protections for lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in prison, but authorities stated civil protections extend to all prisoners regardless of gender orientation.

The government used specific facilities for prisoners age 27 and younger. The Ministry of Justice’s General Directorate for Prison Administration and Resettlement (DGAPR) maintained different categories of prisons that also separated prisoners according to the lengths of their sentences. The government acknowledged that some detention facilities were overcrowded but reported it used alternatives to incarceration such as releasing prisoners with electronic bracelets, conditional release, and replacing prison terms with mandatory community service to reduce overcrowding. The Ministry of Justice stated cell sizes exceeded international standards under the United Nations’ Nelson Mandela Rules. Some observers, including government-appointed human rights officials, attributed overcrowding in pretrial detention facilities to continued overuse of pretrial detention.

Authorities generally transferred pretrial detainees, after presenting them before the prosecutor, to prisons rather than holding them in separate detention facilities. The government stated pretrial detainees were normally held in cellblocks separate from those that confined the general prison population.

Administration: The General Directorate of National Security (DGSN) reported it conducted investigations into 83 allegations of mistreatment and took administrative actions against officers it deemed to have committed abuses. Religious workers reported they had access to prisoners during the year and authorities allowed detainees access to religious observance. The DGSN reported it conducted 14 human rights-focused training sessions for 1,289 police officers this year.

Independent Monitoring: The government allowed the International Committee of the Red Cross (ICRC) and local human rights observers to visit prisons and detention centers. ICRC staff visited prisons, police and gendarme stations under the jurisdiction of the Ministry of Justice, and an administrative detention center operated by the Ministry of Interior. The ICRC hosted training sessions on human rights standards related to arrest, detention, and interrogation procedures for judicial police from the DGSN and National Gendarmerie, as well as for judges.

Improvements: Authorities alleviated overcrowding by increasing the use of minimum-security centers that permit prisoners to work and by using electronic monitoring. The National Human Rights Council (CNDH) reported numerous visits to prisons and that prison conditions related to COVID-19 were an important focus of their work. The DGSN’s human rights office, created in 2017, reported it led seminars and workshops with the National Human Rights Council and the NGO International Penal Reform (IPF) to provide additional human rights training to its officers. The DGAPR increased prisoners’ access to medical care by offering specific services for detainees at certain hospitals nationwide, to include tuberculosis and cancer treatments. The DGAPR also increased weekly bank transfer limits from 1,500 ($12.50) to 2,500 dinars ($20.83), permitting prisoners more money to purchase staple goods in the prison.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention. A detainee has the right to appeal a court’s pretrial detention order and if released, seek compensation from the government. Nonetheless, overuse of pretrial detention remained a problem. An increase in pretrial detention coincided with the beginning of the popular protest movement in February 2019. The 2017 Universal Period Review, the latest statistics available, reported that 10 percent of the prisoners were in pretrial detention. Security forces routinely detained individuals who participated in unauthorized protests. Arrested individuals reported that authorities held them for four to eight hours before releasing them without charges.

Arrest Procedures and Treatment of Detainees

According to the law, police must obtain a summons from the prosecutor’s office to require a suspect to appear in a police station for preliminary questioning. With this summons police may hold a suspect for no more than 48 hours. Authorities also use summonses to notify and require the accused and the victim to attend a court proceeding or hearing. Police may make arrests without a warrant if they witness the offense. Lawyers reported that authorities usually carried out procedures for warrants and summonses properly.

If authorities need more than 48 hours to gather additional evidence, they may extend a suspect’s time in police detention with the prosecutor’s authorization in the following cases: if charges pertain to an attack on data processing systems, they may extend the time in detention once; if charges relate to state security, they may do so twice; for charges concerning drug trafficking, organized and transnational crime, money laundering, and other currency-related crimes, they may do so three times; and for charges related to terrorism and other subversive activities, they may do so five times for a maximum of 12 days. The law stipulates detainees should immediately be able to contact a family member, receive a visit, or contact an attorney.

The law provides detainees the right to see an attorney for 30 minutes if the time in detention has been extended beyond the initial 48-hour period. In these cases authorities permit the arrested person to contact a lawyer after half of the extended time has expired. Prosecutors may apply to a judge to extend the period before arrested individuals can have access to an attorney. The court appearance of suspects in terrorism cases is public. At the end of the detention, the detainee has the right to request a medical examination by a physician of choice within the jurisdiction of the court. Otherwise, the judicial police appoint a doctor. Authorities enter the medical certificate into the detainee’s file.

In nonfelony cases and in cases of individuals held on terrorism charges and other subversive activities that exceed a 12-day period plus any authorized extension, the law calls for the release of suspects on provisional liberty, referred to as “judicial control,” or release on own recognizance while awaiting trial. Under provisional liberty status, authorities subjected suspects to requirements such as reporting periodically to the police station in their district, stopping professional activities related to the alleged offense committed, surrendering all travel documents, and, in some terrorism-related cases, residing at an agreed-upon address. The law provides that foreigners may be required to furnish bail as a condition of release on provisional liberty status, while citizens may be released on provisional liberty without posting bail.

Judges rarely refused requests to extend pretrial detention, which may be appealed. Should the detention be overturned, the defendant has the right to request compensation. Most detainees had prompt access to a lawyer of their choice as accorded by law, and the government provided legal counsel to indigent detainees. There were reports that authorities held some detainees without access to their lawyers and reportedly abused them physically and mentally.

Arbitrary Arrest: Although the law prohibits arbitrary arrest and detention, authorities used vaguely worded provisions such as “inciting an unarmed gathering” and “insulting a government body” to arrest and detain individuals considered to be disturbing public order or criticizing the government. Amnesty International and other human rights organizations criticized the law prohibiting unauthorized gatherings and called for its amendment to require only notification as opposed to application for authorization. These observers, among others, pointed to the law as a significant source of arbitrary arrests intended to suppress political activism. Police arrested protesters throughout the year for violating the law against unregistered public gatherings.

According to the National Committee for the Release of Detainees (CNLD), at least 44 persons were arbitrarily detained for expressing their opinion, and a number of them were in pretrial detention as of August 25.

On March 1, police arrested human rights activist Ibrahim Daouadji in Algiers. On March 19, Daouadji appeared before a judge in an Algiers court; authorities did not inform his lawyer, and he was placed under warrant by the investigating judge. On April 9, he was sentenced to six months in prison and a 50,000 Algerian dinars (approximately $450) fine for a video he posted online. In the video he criticized his detention conditions after being held in pretrial detention for three months in 2019.

On February 11, authorities released former parliamentarian Louisa Hanoune, president of the Worker’s Party. In May 2019 a military court had convicted Hanoune and sentenced her to 15 years in prison for “conspiracy against the authority of the state.” Human rights organizations criticized the government’s use of military courts to try civilians.

Pretrial Detention: Prolonged pretrial detention remained a problem. Nongovernmental observers believed pretrial detainees were a significant portion of the total detainee and prisoner population but did not have specific statistics. According to the Ministry of Justice, as of August 29, approximately 18 percent of the prison population was in pretrial detention, an increase from 12 percent in 2019.

The law limits the grounds for pretrial detention and stipulates that before it can be imposed, a judge must assess the gravity of a crime and whether the accused is a threat to society or a flight risk. Judges rarely refused prosecutorial requests to extend pretrial detention. Most detainees had prompt access to a lawyer of their choice as accorded by law, and the government provided legal counsel to indigent detainees. Human rights activists and attorneys, however, asserted that some detainees were held without access to lawyers.

The law prohibits pretrial detention for crimes with maximum punishments of less than three years imprisonment, except for infractions that resulted in deaths or to persons considered a “threat to public order.” In these cases, the law limits pretrial detention to one month. In all other criminal cases, pretrial detention may not exceed four months. Amnesty International alleged that authorities sometimes detained individuals on security-related charges for longer than the 12-day prescribed period.

On January 2, security forces released Lakhdar Bouregaa, an independence-war-era figure, from pretrial detention. Authorities arrested Bouregaa in June 2019 and charged him with “demoralization and contempt for the armed forces.” Authorities held him in pretrial detention for more than six months.

e. Denial of Fair Public Trial

The judiciary was not always independent or impartial in civil matters and lacked independence in some human rights cases. Family connections and status of the parties involved influenced decisions. While the constitution provides for the separation of powers between the executive and judicial branches of government, the executive branch’s broad statutory authorities limited judicial independence. The constitution grants the president authority to appoint all prosecutors and judges. These presidential appointments are not subject to legislative oversight but are reviewed by the High Judicial Council, which consists of the president, minister of justice, chief prosecutor of the Supreme Court, 10 judges, and six individuals outside the judiciary who the president chooses. The president serves as the president of the High Judicial Council, which is responsible for the appointment, transfer, promotion, and discipline of judges. The judiciary was not impartial, and observers perceived it to be subject to influence and corruption.

In April the National Union of Judges (SNM) criticized the Ministry of Justice’s decision to bypass the SNM before submitting proposed penal code amendments to parliament.

In May the Ministry of Justice summoned SNM president Saadeddine Marzouk to appear before the Court of Justice. Justice Minister Belkacem Zeghmati did not specify the charges against Marzouk. The ministry issued the summons shortly after Marzouk called for the new draft constitution to address judicial independence and core Hirak demands.

In August, President Tebboune appointed new courts of appeal presidents and attorneys general, a decision affecting 35 out of 48 judges at the courts of appeal, and 36 out of 48 attorneys general. Tebboune replaced 17 court presidents and transferred 18 of them, while he replaced 19 attorneys general and transferred 17. Tebboune did not indicate if the High Judicial Council reviewed his decision. In October 2019 judges paralyzed the judicial system by going on a general strike to protest the government’s decision to relocate 3,000 judges. The judges suspended the strike after the government agreed to reconsider its decision.

Trial Procedures

The constitution provides for the right to a fair trial, but authorities did not always respect legal provisions that protect defendants’ rights. The law presumes defendants are innocent and have the right to be present and consult with an attorney provided at public expense if necessary. Most trials are public, except when the judge determines the proceedings to be a threat to public order or “morals.” The penal code stipulates that defendants have the right to free interpretation as necessary. Defendants have the right to be present during their trial but may be tried in absentia if they do not respond to a summons ordering their appearance.

Defendants may confront or question witnesses against them and present witnesses and evidence on their behalf. Defendants may not be compelled to testify or confess guilt, and they have the right to appeal. The testimony of men and women has equal weight under the law.

On March 24, an appeals court summoned opposition leader Karim Tabbou, who was convicted earlier in March for “harming national unity,” to appear for his appeal, two days before he was due to be released. The court did not notify Tabbou’s lawyers of the proceedings. During the appeal Tabbou suffered a stroke and was taken to the infirmary. After Tabbou left the court, the judge sentenced him in absentia, affirmed his conviction, and increased his prison sentence from six months to one year. Tabbou’s lawyer argued that he did not receive a fair trial. On July 2, authorities released Tabbou on bail.

Political Prisoners and Detainees

International and local observers alleged that authorities occasionally used antiterrorism laws and restrictive laws on freedom of expression and public assembly to detain political activists and outspoken critics of the government.

According to the CNLD, 61 political prisoners associated with the Hirak protest movement were in government detention. They included journalists, activists, lawyers, opposition figures, and Hirak protesters. International human rights organizations and local civil society groups repeatedly called on the government to release all political prisoners. On September 8, Minister of Communication and government spokesperson Ammar Belhimer stated there were no political detainees in the country.

On July 10, retired army general and former presidential candidate Ali Ghediri went on a hunger strike to protest his detention. The government arrested Ghediri in June 2019 for “undermining the army’s morale” and imprisoned him on treason and espionage charges. On July 29, the Algiers Court’s Indictments Division dropped the espionage charges. Ghediri claimed that his 13 months in prison had been “a political confinement to keep him away from the political scene and the presidential election.”

In June authorities convicted Amira Bouraoui, founder of two opposition movements (Barakat “Enough” and al-Muwatana “Citizenship”). She received a one-year prison sentence on the charge of “inciting an unarmed gathering, offending Islam, offending the President, publishing content which may harm national unity, publication of fake news that may harm safety and public order, and undermining the lives of others.” After 11 days in prison, authorities released Bouraoui on July 2, and placed her under judicial supervision.

In March the government arrested Slimane Hamitouche, the national coordinator of SOS Disparus (an association advocating for the families of those who disappeared during the Dark Decade, 1991-2002), for “inciting an unarmed gathering” and “harming national unity.” In February authorities released Samir Belarbi, a political activist and Barakat movement founder, from pretrial detention, but arrested him again in March for “inciting an unarmed gathering” and “harming national unity.” The government first arrested Belarbi in September 2019 for “harming national unity” and “advertising that may harm the national interest.” On September 15, authorities released Belarbi and Hamitouche from prison after they completed their sentences.

Civil Judicial Procedures and Remedies

Individuals may bring lawsuits, and administrative processes related to amnesty may provide damages to the victims or their families for human rights abuses and compensation for alleged wrongs. Individuals may appeal adverse decisions to international human rights bodies, but their decisions cannot be legally enforced.

In August the lawyers’ collective for Hirak detainees released a statement denouncing the abuse of Hirak detainees’ rights. The collective noted that courts were scheduling appeals trials unusually quickly, ultimately preventing Hirakists’ release or precluding their ability to wait for appeals at home after completing their sentences.

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

The constitution provides for the protection of a person’s “honor” and private life, including the privacy of home, communication, and correspondence. According to human rights activists, citizens widely believed the government conducted frequent electronic surveillance of a range of citizens, including political opponents, journalists, human rights groups, and suspected terrorists. Security officials reportedly searched homes without a warrant. Security forces conducted unannounced home visits.

An anticybercrime agency is charged with coordinating anticybercrime efforts and engaging in preventive surveillance of electronic communications in the interests of national security. Falling under the Ministry of Justice, the agency has exclusive authority for monitoring all electronic surveillance activities, but did not provide details regarding the limits of surveillance authority or corresponding protections for persons subject to surveillance. The Ministry of Justice stated the agency was subject to all existing judicial controls that apply to law enforcement agencies.

In 2019 the government moved the anticybercrime agency from the Ministry of Justice to the Ministry of National Defense. A new decree allowed authorities to conduct domestic surveillance and required internet and telephone providers to increase cooperation with the Ministry of National Defense.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech and press, and independent media outlets regularly criticized and satirized government officials and policies, but the government on some occasions restricted these rights. The government’s actions included harassment of some critics, arbitrary enforcement of vaguely worded laws, and informal pressure on publishers, editors, advertisers, and journalists. Some media figures alleged the government used its control over most printing houses and large amounts of public sector advertising preferentially, and that the lack of clear regulations over these practices permitted it to exert undue influence on press outlets.

Freedom of Speech: While public debate and criticism of the government were widespread, journalists and activists were limited in their ability to criticize the government on topics crossing unwritten “red lines.” Authorities arrested and detained citizens for expressing views deemed damaging to state officials and institutions, including the use of the Berber flag during protests, and citizens practiced self-restraint in expressing public criticism. The law criminalizing speech about security force conduct during the internal conflict of the 1990s remained in place, although the government said there had never been an arrest or prosecution under the law. A separate law provides for up to three years’ imprisonment for publications that “may harm the national interest” or up to one year for defaming or insulting the president, parliament, army, or state institutions. Government officials monitored political meetings.

On March 27, authorities arrested Khaled Drareni, correspondent for the international press freedom group Reporters without Borders and cofounder of the independent news website Casbah Tribune. Police held him in a police station for two nights. On March 29, the Sidi M’Hamed criminal court of Algiers ordered Drareni’s detention in El-Harrach Prison. On March 30, authorities moved him to Kolea Prison. Police had first arrested Drareni on March 7 for assembling without a permit and held him for four days. After his release, Drareni continued covering the antigovernment protests, despite authorities forcing him to sign a letter vowing not to do so. On August 10, the Sidi M’Hamed court in Algiers sentenced Drareni to a three-year prison sentence and a fine. On September 8, an appellate court held a hearing and on September 15 upheld the conviction and sentenced him to two years in prison, where he remained at year’s end.

On May 30, police rearrested Issam Sayeh, an engineer and social media activist. On July 20, the court convicted Sayeh for “insulting the president and the army” and sentenced him to 18 months imprisonment. Authorities first arrested Sayeh in July 2019 and released him in September 2019.

On August 27, authorities arrested Mohamed Tadjadit (known as “the poet of the Hirak”) and placed him in pretrial detention. According to the National Committee for the Release of Detainees (CNLD), Tadjadit is under investigation for publications that may undermine national unity, insult the president, and expose lives to danger by inciting a gathering during the lockdown period.

NGOs reported during the year that following suppression of public activities in years past, they no longer hold events outside of private locations. They also report that owners of public gathering spaces have been told not to rent their locations to certain NGOs.

Freedom of Press and Media, Including Online Media: The National Agency for Publishing and Advertising (ANEP) controls public advertising for print media. According to the NGO Reporters without Borders, private advertising existed but frequently came from businesses with close links to the ruling political party. ANEP CEO Larbi Ounoughi stated in August that the agency represented 60 percent of the total advertising market. Nongovernmental sources assessed most daily newspapers depended on ANEP-authorized advertising to finance their operations. ANEP added it wished to preserve a pluralistic press and freedom of information and noted that it funded opposition newspapers.

In August, Ammar Belhimer, Minister of Communication and government spokesperson, stated ANEP’s public advertising constituted a form of indirect aid to the press that if liberalized, could lead to the collapse of media outlets who would lose their funding. The government’s lack of transparency over its use of state-funded advertising, however, permitted it to exert undue influence over print media.

On April 2, parliament adopted amendments to the penal code that criminalized breaking the government-imposed COVID-19 lockdown rules and spreading “false news” that harms national unity. Penalties for convictions under the bill, which does not distinguish between news reports, social media, or other media, entail prison terms of two to five years and fines.

On April 27, police arrested activist Walid Kechida in Setif for posting memes on Facebook. Authorities accused him of “insulting the president,” “insulting police officers during the performance of their duties,” and carrying out an “attack on religion.” His case is pending trial and he is in pretrial detention.

Many civil society organizations, government opponents, and political parties had access to independent print and broadcast media and used them to express their views. Opposition parties also disseminated information via the internet and published communiques but stated they did not have access to the national television and radio. Journalists from independent print and broadcast media expressed frustration over the difficulty of receiving information from public officials. Except for several daily newspapers, the majority of print media outlets relied on the government for physical printing materials and operations.

Organizations wishing to initiate regular publications must obtain authorization from the government. The law requires the director of the publication to hold Algerian citizenship. The law additionally prohibits local periodicals from receiving direct or indirect material support from foreign sources.

The ministry’s Media Directorate is responsible for issuing and renewing accreditations to foreign media outlets operating in the country. Although this accreditation is required to operate legally, most foreign media were not accredited. Regulations require the shareholders and managers of any radio or television channel to be citizens and prohibit them from broadcasting content that offends “values anchored in Algerian society.”

The law mandates that online news outlets must inform the government of their activities but does not require them to request authorization to operate.

Violence and Harassment: Authorities subjected some journalists to harassment and intimidation. Journalists reported that selective prosecutions served as a mechanism for intimidation. According to Reporters without Borders, the government intimidated activists and journalists. The government’s actions included harassment of some critics, arbitrary enforcement of vaguely worded laws, and informal pressure on publishers, editors, advertisers, and journalists.

On August 19, authorities arrested France 24 correspondent Moncef Ait Kaci and cameraman Ramdane Rahmouni. The gendarmerie had summoned Ait Kaci in November 2019 and in February. Ait Kaci did not provide reasons for the arrests or the summons, but denied they were related to his articles.

Censorship or Content Restrictions: Some major news outlets faced direct and indirect retaliation for criticism of the government. Press outlets report taking extra caution before publishing articles critical of the government or government officials due to fear of losing revenue from ANEP.

On May 12, authorities blocked the news website Le Matin dAlgerie. On May 12, authorities blocked the news website lAvant-Garde Algerie. No reason was cited to explain the blocks.

On April 9, authorities blocked internet access to Maghreb Emergent and Radio M, news sites belonging to the Interface Media Group. Kadi Ihsan, Maghreb Emergent editor-in-chief, reported the government denied authorization for his journalists to move in Algiers after curfew unlike some other journalists. Minister of Communication and government spokesperson Ammar Belhimer stated the sites received foreign financing through crowdsourcing, and concluded the sites were funded through “foreign soft power.”

In September an El Watan article detailing large-scale alleged corruption by the sons of the late army chief of staff, Ahmed Gaid Salah, prompted the government to suspend El Watans advertising revenue. The newspaper responded by emphasizing its support for the army.

Libel/Slander Laws: NGOs and observers criticized the law on defamation as vaguely drafted and stated the definitions in the law failed to comport with internationally recognized norms. The law defines defamation as “any allegation or imputation of a fact offending the honor or consideration of a person, or of the body to which the fact is imputed.” The law does not require that the fact alleged or imputed be false or that the statement be made with malicious intent to damage another individual’s reputation. Defamation is not a crime but carries a fine. The Ministry of Justice did not provide information on the percentage of defamation claims that originated from private citizens, as opposed to government officials. Defamation laws specify that former members of the military who make statements deemed to have damaged the image of the military or to have “harmed the honor and respect due to state institutions” may face prosecution.

The law criminalizes statements denigrating Islam or insulting the Prophet Muhammed or “messengers of God.”

Internet Freedom

The government monitored certain email and social media sites.

Internet users regularly exercised their right to free expression and association online, including through online forums, social media, and email. Activists reported that some postings on social media could result in arrest and questioning; observers widely understood that the intelligence services closely monitored the activities of political and human rights activists on social media sites, including Facebook.

Police arrested Abdelkarim Zeghileche, director of the independent radio station Radio Sarbacane, on June 23 and placed him in pretrial detention. On August 24, the Constantine court convicted and sentenced Zeghileche to two years in prison for “offense to the president of the Republic” and sharing social media posts “undermining national unity.”

There was some disruption of communication prior to planned antigovernment demonstrations during the year, namely internet shutdowns, the blocking of access to certain online news sites and social media platforms, and the restricting or censorship of content. In March parts of the country continued to experience internet outages during hirak protests.

The law on cybercrime establishes procedures for using electronic data in prosecutions and outlines the responsibilities of internet service providers (ISPs) to cooperate with authorities. Under the law the government may conduct electronic surveillance to prevent terrorist or subversive acts and infractions against state security, pursuant to written authorization from a competent judicial authority.

By law ISPs face criminal penalties for the material and websites they host, especially if subject matters are “incompatible with morality or public opinion.” The Ministries of Justice, Interior, and Post, Information Technology, and Communication have oversight responsibilities. The law provides sentences of six months to five years in prison and fines for users who do not comply with the law, including the obligation to cooperate with law enforcement authorities against cybercrime.

For a fourth year, the government blocked access to social media sites, including Facebook and Twitter, for several days during nationwide high school examinations. The decision was in response to previous leaks of examination materials, which were posted on social media.

Academic Freedom and Cultural Events

Academic seminars generally occurred with limited governmental interference. The Ministry of Culture reviewed the content of films before they could be shown, as well as books before importation. The Ministry of Religious Affairs did the same for all religious publications. The law gives authorities broad power to ban books that run counter to the constitution, “the Muslim religion and other religions, national sovereignty and unity, the national identity and cultural values of society, national security and defense concerns, public order concerns, and the dignity of the human being and individual and collective rights.” It further prohibits books that “make apology for colonialism, terrorism, crime, and racism.”

Importers must submit to the ministry the title, author’s name, editor’s name, edition, year, International Standard Book Number, and number of copies to be imported. Importers of books covering the “national movement and the Algerian Revolution” must submit the entire text of the books for review, including a secondary review by the Ministry of the Moudjahidine (veterans of the revolution). The Ministry of Culture can also require a full content review of books on other topics if it chooses. The ministry has 30 days to review the importation application; in the absence of a response after 30 days, the importer may proceed with distribution of the publication. After deciding, the ministry notifies the customs service of the decision to allow or ban the importation of the publication. Appeals may be made to the ministry, with no independent or judicial review provided for in the decree.

A 2017 decree covering religious texts other than the Quran stated, “The content of religious books for import, regardless of format, must not undermine the religious unity of society, the national religious reference, public order, good morals, fundamental rights and liberties, or the law.” The importer must submit the text and other information, and the ministry must respond within 30 days. A nonresponse after this period is considered a rejection. Religious texts distributed without authorization may be seized and destroyed.

b. Freedoms of Peaceful Assembly and Association

Although the constitution provides for freedom of peaceful assembly and association, the government severely restricted the exercise of these rights.

Freedom of Peaceful Assembly

The constitution provides for the right of peaceful assembly, but the government curtailed this right. A ban on demonstrations in Algiers remained in effect. Authorities utilized the ban to prohibit assembly within the city limits. Nationwide, the government required citizens and organizations to obtain permits from the national government-appointed local governor before holding public meetings or demonstrations. The government restricted licenses to political parties, NGOs, and other groups to hold indoor rallies or delayed permission until the eve of the event, thereby impeding organizers’ publicity and outreach efforts. The DGSN reported it arrested 3,017 protesters this year.

The Hirak protest movement, which began in February 2019, consisted of mass, peaceful protest marches taking place every Tuesday and Friday in many locations throughout the country. The protests stopped with the onset of COVID-19 but slowly resumed later in the year. Prior to COVID-19, hundreds of thousands of individuals marched peacefully demanding political reforms. The marches occurred mostly without incident, although police at times used tear gas and water cannons as methods of crowd control.

Hotels in Algiers and other major cities continued their practice of refusing to sign rental contracts for meeting spaces with political parties, NGOs, and civil associations without a copy of written authorization from the Ministry of Interior for the proposed gathering. NGOs reported instances of not receiving the written authorization in time to hold planned meetings. NGOs reported that the government threatened hotel and restaurant owners with penalties if they rented rooms to NGOs without official authorization. In most cases the NGOs continued to hold their meetings and police came to the hotels to end the gatherings.

Throughout the year police dispersed unauthorized gatherings or prevented marching groups of protesters from demonstrating. Police typically dispersed protesters shortly after a protest began and arrested and detained organizers for a few hours. Human Rights Watch, Amnesty International, and other NGOs criticized the government’s use of the law to restrict peaceful assembly.

On the day of the presidential election in December 2019, protests occurred at numerous polling stations throughout the country. Security forces fired rubber bullets at antielection demonstrators in Algiers, Bejaia, Tizi-Ouzou, and Bouira. In Bouira protesters started a fire at the ANIE office. Authorities arrested protesters in those cities, as well as in Mostaganem and Setif. Thousands protested in central Algiers, prompting police forces to deploy water cannons and helicopters.

On March 17, President Tebboune banned gatherings in response to the COVID-19 pandemic. In June, Hirak protests resumed in the Kabylie cities of Tizi Ouzou, Bejaia, and Bouira. Protesters and police reportedly clashed during the Bejaia protests.

On June 15, protesters in Tin Zaoutine protested a security barrier preventing access to the town’s water supply. One person was killed and four injured during the protest. Prompted by this event, protesters in Tamanrasset and Bordj Badji Mokhtar gathered to denounce the south’s marginalization in general, and the incident in Tin Zaoutine specifically.

On August 30, police arrested 40 demonstrators who attempted to resume Hirak demonstrations across nearly 30 wilayas (provinces), according to the CNLD. While authorities released most of the protesters late in the night, approximately 40 others remained in custody in jurisdictions across the country. In total, the arrests occurred in 28 wilayas.

According to the Algerian League for the Defense of Human Rights, authorities arrested about 200 persons linked to the protests since the coronavirus restrictions came into effect. On June 19, the league reported 500 persons connected to the Hirak movement were arrested in 23 different wilayas. Authorities later released some of the protesters.

Freedom of Association

The constitution provides for the right of association, but the government restricted this right.

The law’s extensive requirements and uneven enforcement served as major impediments to the development of civil society. The law grants the government wide-ranging oversight of and influence in the day-to-day activities of civil society organizations. It requires national-level civil organizations to apply to the Ministry of Interior for permission to operate. Once registered organizations must inform the government of their activities, funding sources, and personnel, including notification of personnel changes. The law imposes an additional requirement that associations obtain government preapproval before accepting foreign funds. If organizations fail to provide required information to the government or attempt to operate with or accept foreign funds without authorization, they are subject to fines and up to six months’ imprisonment.

According to the law, associations that apply for accreditation are entitled to receive a response within two months for national organizations, 45 days for interregional-level associations, 40 days for province-level associations, and 30 days for communal organizations. While the Ministry of Interior oversees the accreditation process for most associations, the president of a local assembly approves applications for communal associations. Although the Ministry of Interior is responsible for authorizing associations, the government stated COVID-19 spurred the ministry to relax registration rules, specifically for health-care charities operating on the local level, as these organizations were better positioned to assist during the pandemic.

The Ministry of Interior may deny a license to or dissolve any group regarded as a threat to the government’s authority or to public order, and on several occasions failed to grant, in an expeditious fashion, official recognition to NGOs, associations, religious groups, and political parties. According to the ministry, organizations receive a receipt after submitting their application for accreditation, and after the time periods listed above, this slip is legally sufficient for them to begin operating, to open a bank account, and to rent office or event space. The law does not explicitly include this provision. If the application is approved, the ministry issues a final accreditation document.

Many organizations reported that they never received a deposit slip and that even with the receipt, it was difficult to conduct necessary administrative tasks without formal accreditation. Other organizations reported they never received any written response to their application request even after calling the ministry and trying to register at local police stations. The ministry maintained that organizations that were refused accreditation or that did not receive a response within the specified time period could appeal to the State Council, the administrative court responsible for cases involving the government.

The ministry did not renew the accreditations of the NGOs SOS Disparus (SOS Disappeared), Djazairouna, the Algerian League for the Defense of Human Rights (LADDH), the National Association for the Fight against Corruption, and the Youth Action Movement, all of which submitted their renewal applications in prior years.

The government issued licenses and subsidies to domestic associations, especially youth, medical, and neighborhood associations. According to the Ministry of Interior, there were 132,426 local and 1,734 national associations registered as of September, including 39,437 new local associations and 80 new national associations registered since January. Unlicensed NGOs remained active, but rarely received government assistance, and citizens at times hesitated to associate with these organizations.

According to the Ministry of Interior, during the COVID-19 pandemic the government significantly eased local association requirements, giving local organizations the space to operate. The government determined local civil society organizations, specifically health-care-related charities, were better positioned to assist locally than the federal government. The Ministry of Interior relaxed its registration rules, allowing local governments to authorize local associations, resulting in more than 1,000 new local charity associations. National associations must still submit their applications to the Ministry of Interior for authorization.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government restricted the exercise of these rights.

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

In-country Movement: The constitution provides citizens “the right to freely choose their place of residence and to move throughout the national territory.” The government requires that foreign diplomats and private sector personnel have armed security escorts from the government if they travel outside of Algiers wilaya, El-Oued, and Illizi, near hydrocarbon industry installations, and the Libyan border. Citing the threat of terrorism, the government also prevented overland tourist travel between the southern cities of Tamanrasset, Djanet, and Illizi. Newspapers reported that the government restricted foreign tourists from traveling through trails in Tassili and Hoggar, as well as certain areas in and around Tamanrasset, due to security concerns.

Foreign Travel: The constitution states that citizens have the right to enter and exit the country. The law does not permit those younger than 18 to travel abroad without a guardian’s permission. Married women younger than 18 may not travel abroad without permission from their husbands, but married women older than 18 may do so. The government did not permit young men eligible for the draft who had not completed their military service to leave the country without special authorization. The government granted such authorization to students and persons with special family circumstances.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

From October 2019 to January, the NGO Alarme Phone Sahara (APS) reported the government deported 4,722 individuals, including 2,582 Nigeriens, from Algeria to Niger. APS reported two types of deportation convoys from Algeria to Niger. Authorities, in coordination with the Nigerian government and pursuant to a bilateral agreement, transfer Nigeriens directly to Nigerien security forces at the Assamaka, Niger, border post. Convoys also leave citizens of various nationalities near Assamaka where they must walk the last 10 to 15 miles into Nigerien territory. APS reported the International Organization on Migration (IOM), Doctors without Borders (MSF), and Nigerien security forces look for deportees lost in the desert. According to APS, deportees include nationals from Mali, Guinea, Gambia, Burkina Faso, Benin, Nigeria, Sierra Leone, Ivory Coast, Senegal, Cameroon, Sudan, Somalia, Bangladesh, and Syria.

On October 9, Human Rights Watch reported that the country expelled more than 3,400 migrants of at least 20 nationalities to Niger, including 430 children and 240 women. Security personnel separated children from their families during the arrests, stripped migrants and asylum seekers of their belongings, and failed to allow them to challenge their removal or screen them for refugee status. Numerous asylum seekers registered with the UNHCR were among those arrested and expelled.

According to UNHCR’s March 2019 report on Sahrawi refugees in Tindouf, the government protected a significant number of refugees in five large refugee camps in Tindouf and ran two other smaller camps near Tindouf, one surrounding a women’s boarding school, and another used for administrative purposes. UNHCR reported many Sahrawi refugees lost their jobs and other sources of income due to COVID-19. Simultaneously, a pulmonary livestock epidemic killed over 1,700 sheep and goats in the camps this year. Sahrawi refugees rely on these animals to supplement their diets and incomes.

In 2019 the government protected a smaller urban refugee population, primarily in Algiers. The report noted the refugee population included predominantly Syrians (an estimated 85 percent), as well as Yemenis, Congolese, Ivoirians, Palestinians, Malians, Central Africans, and other nationalities. UNHCR, the World Food Program (WFP), UNICEF, the Algerian Red Crescent, the Sahrawi Red Crescent, and other organizations assisted Sahrawi refugees.

IOM estimates 90,000 migrants enter the country every year. Authorities typically expel irregular migrants through the border with Niger. Nigerien nationals are brought to Assamaka via official convoys, based on an agreement between Algeria and Niger. They are then transported to Agadez, where IOM Niger provides humanitarian assistance. Authorities accompany third-country nationals (TCNs) of mixed nationalities (mainly from West Africa) to the border at Point Zero, a nine-mile desert location between Ain-Guezzam, Algeria, and Assamaka, Niger. IOM Niger provides assistance through humanitarian rescue operations. No publicly are available data on the number of migrants the government expelled from Algeria through these operations. The government suspended expulsions when COVID-19 necessitated border closures. As of July, IOM Niger assisted 6,546 migrants in Assamaka (19 percent Nigeriens, 81 percent TCNs).

In September, IOM organized a voluntary return flight for 114 migrants from Cote d’Ivoire, Guinea, and Liberia who were stranded in the country amid the COVID-19 pandemic. IOM reported Algerian authorities facilitated their efforts.

In July, IOM organized a voluntary return for 84 Malian migrants from Algiers to Bamako, Mali. IOM reported this operation was possible thanks to an agreement between Algerian and Malian authorities to temporarily lift travel restrictions and enable IOM to facilitate the safe return of stranded migrants. Migrants residing outside of Algiers received inland transportation assistance; the inland movement was closely coordinated with and supported by relevant Algerian authorities.

Abuse of Migrants, Refugees, and Stateless Persons: There were reports that during government roundup operations of suspected migrants, some of those detained were raped, suffered sexual harassment, or both and that unaccompanied minors were sometimes rounded up and taken to the border for expulsion.

UNHCR reported refugees and migrants traversing land routes to and through the country continue to risk death, kidnapping, sexual- and gender-based violence physical abuse, and other violence.

Refoulement: The government provided some protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened because of their race, religion, nationality, membership in a particular social group, or political opinion. Since the outbreak of violence in northern Mali in 2012, international observers reported an influx of individuals into the country across the Malian border inconsistent with traditional migratory movements.

In 2019 the CNDH stated the government had dedicated $12 million to ensure the human rights of migrants during repatriation operations (to include accommodation, food, clothing, health care, medicines, and transportation). Authorities conducted repatriations in coordination with consular officials from the migrants’ countries of origin, but the migrants were not permitted to challenge their removal. The government stated that it maintained a policy of not removing migrants registered with UNHCR, and that in a few cases it worked with UNHCR to return registered refugees who were mistakenly removed. Air Algerie signed an agreement with the IOM agreeing to provide charter flights for humanitarian supplies and migrants returning voluntarily.

Access to Asylum: While the law generally provides for asylum or refugee status, the government has not established a formal system through which refugees can request asylum. There were no reports that the government granted refugee status and asylum to new refugee applicants during the year. According to UNHCR, the government did not accept UNHCR-determined refugee status for individuals. In 2019, UNHCR offices in Algiers reported an estimated 200 to 300 asylum requests per month, mostly from Syrian, Palestinian, and sub-Saharan African individuals coming from Mali, Guinea, Central African Republic, Cote d’Ivoire, and the Democratic Republic of the Congo (DRC). Those determined by UNHCR to have valid refugee claims were primarily from the DRC, Cote d’Ivoire, Iraq, and the Central African Republic. There was no evidence of any pattern of discrimination toward asylum applicants, but the lack of a formal asylum system made this difficult to assess.

In 2019 UNHCR registered more than 10,000 Syrians, but fewer than 7,000 remained registered with UNHCR as of September 2019. The Algerian Red Crescent, which is subordinate to the Ministry of Solidarity, maintained “welcome facilities” that provided food and shelter for those Syrians without means to support themselves. The facilities were in Sidi Fredj. The government did not grant UNHCR access to these reception centers but reported that by 2016 most Syrians no longer used the centers.

Employment: The government does not formally allow refugee employment; however, many worked in the informal market and were at risk of labor exploitation due to their lack of legal status in the country. Other migrants, asylum seekers, and Malians and Syrians who had a “special status” with the government, relied largely on remittances from family, the support of local family and acquaintances, and assistance from the Algerian Red Crescent and international aid organizations.

Access to Basic Services: UNHCR provided registered refugees with modest food assistance and lodging support. Sahrawi refugees lived predominantly in five Popular Front for the Liberation of the Saguia el Hamra and Rio de Oro (Polisario)-administered camps near the city of Tindouf. The Polisario (through the Sahrawi Red Crescent Society), UNHCR, WFP, UNICEF, and partner NGOs provided basic services including food aid, primary health care, and primary and secondary education. The government invested heavily in developing the camps’ infrastructure and also provided free secondary and university educations, as well as advanced hospital care, to Sahrawi refugees. The remote location of the camps and lack of government presence resulted in a lack of access by police and courts. Other refugees, asylum seekers, and migrants had access to free public hospitals, but independent NGOs reported instances of migrants being turned away.

School administrators must allow migrant and refugee children to enroll in primary school through high school and require only that they present their passport and documentation showing their level of schooling from their home country. International organizations reported some children had trouble integrating into the educational system but that migrants’ access to education was improving, particularly in the north of the country. These organizations reported that migrant parents were often reluctant to enroll their children in Algerian schools due to language barriers or cultural differences. NGOs also indicated that some migrants were denied treatment at health-care facilities.

Durable Solutions: The government did not accept refugees from foreign countries for resettlement. The Sahrawi refugees have not sought local integration or naturalization during their 40-year stay in the refugee camps near Tindouf, and the Polisario Front continued to call for a referendum on independence in Western Sahara. The IOM leads an “Assisted Voluntary Return and Reintegration” program to help migrants return to their homes willingly with economic and social support, including personalized professional training and other socioeconomic assistance. Although the government is not a financial donor to the initiative, they do cooperate.

Temporary Protection: The law does not address formal temporary protection, but authorities provided informal, temporary protection to groups such as Syrians, 7,000 of whom were registered as of September 2019, and Malians.

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

The existing law states that members of local, provincial, and national assemblies are elected for five-year terms and that presidential elections occur in the 30 days prior to the expiration of the presidential term. If Algerians adopt the new constitution, the next legislative elections would be held in accordance with new electoral laws. Presidential term limits, which were eliminated in 2008, were reintroduced in a 2016 revision of the constitution and limit the president to two five-year terms. The new constitution maintains term limits. The ANIE, established in 2019 to replace the High Independent Election Monitoring Body, is responsible for organizing the election and voting processes, monitoring elections, and investigating allegations of irregularities.

Recent Elections: On November 1, the country held a constitutional referendum. Official government statements say the new constitution intends to strengthen political freedoms, although the government did not release the text until September 17, after parliament finalized the draft. Restrictions on freedom of assembly and association as well as restrictions on political party activities inhibited the activity of opposition groups. The referendum passed with 66.8-percent support and 23.7-percent turnout, according to ANIE President Mohamed Charfi’s announcement on November 2.

The country last held presidential elections in December 2019 after two failed attempts earlier in the year. Voters elected former prime minister Abdelmadjid Tebboune president with 58 percent of the vote, meeting the majority needed to avoid holding a second round. Tebboune was sworn in as president on December 19. Restrictions on freedom of expression and assembly inhibited participation in the process. There were no international observers.

Political Parties and Political Participation: The Ministry of Interior must approve political parties before they may operate legally.

The government increased undue media influence and opposition political parties claimed they did not have access to public television and radio. Sometimes security forces dispersed political opposition rallies and interfered with the right to organize. During popular protests against the government, security forces sometimes dispersed demonstrations when protesters came near to government buildings. Since taking office in December 2019, Tebboune’s government has blocked foreign funding and pressured media to limit government criticism. The government used COVID-19 restrictions to prevent political opposition meetings; however, the FLN and the Democratic National Rally continued to meet despite restrictions.

Pursuant to the constitution, all parties must have a “national base.” Electoral law requires parties to have received 4 percent of the vote in the preceding election or to collect 250 signatures in the electoral district in order to appear on the ballot, although electoral laws would change if citizens adopt the new constitution. Opposition parties from across the political spectrum criticized the law for creating a more complex process for qualifying for the ballot, as well as for establishing an electoral monitoring body whose members would be appointed by the president and parliament, which is controlled by a coalition headed by the president’s party.

The law prohibits parties based on religion, ethnicity, gender, language, or region, but there were various political parties commonly known to be Islamist, notably members of the Green Alliance. According to the Ministry of Interior, in September there were 71 registered political parties, one more than in 2019. During the year the ministry authorized 13 parties to hold organizational sessions known as party congresses. Parties must hold a party congress to elect a party leader and confirm membership before the Ministry of Interior counts them as a registered party. The ministry reported they approved the Union Democratique et Sociale (UDS) party, but that the UDS did not hold its party congress. In July the government released UDS leader Karim Tabbou from prison.

The law does not place significant restrictions on voter registration.

Membership in the Islamic Salvation Front, a political party banned since 1992, remained illegal. The law also bans political party ties to nonpolitical associations and regulates party financing and reporting requirements. By law political parties may not receive direct or indirect financial or material support from any foreign parties. The law also stipulates resources from party members’ domestic contributions, donations, and revenue from party activities, in addition to possible state funding, must be reported to the Ministry of Interior. According to Tebboune’s public statements, his administration is revising political funding laws and the new constitution would change campaign finance and funding laws.

Opposition party leaders complained that the government did not provide timely authorizations to hold rallies or party congresses. In January the government refused the Pact of the Democratic Alternative’s request to assemble for a meeting.

Participation of Women and Members of Minority Groups: No laws limit the participation of women and members of minorities in the political process, and women and minorities did participate. The law requires parties to ensure that at least 30 percent of the candidates on their electoral lists are women.

At least 33 percent of seats in elected assemblies are reserved for women. Due to this law after the legislative elections of 2012, the proportion of women in the National People’s Assembly (APN) increased from 8 percent to 32 percent of seats (146 out of 462).

Section 4. Corruption and Lack of Transparency in Government

Authorities continued their anticorruption campaign against political, military, and security officials, as well as prominent business leaders from the Bouteflika era.

The law provides for criminal penalties of two to 10 years in prison for official corruption, but the government did not fully implement the law. Although Tebboune’s administration has emphasized rooting out corruption, it remained a problem, and officials sometimes engaged in corrupt practices with impunity.

Corruption: The government amended and repealed several articles in the Criminal Procedure Code to toughen anticorruption legislation. In December 2019 the government adopted new amendments aimed at protecting public funds through criminal proceedings and removing constraints on judicial police.

The government repealed the criminal code section stipulating that only the board of directors of the institution concerned may initiate charges related to theft, embezzlement, or loss of public and private funds against senior, public sector “economic managers.”

The government repealed four articles regulating criminal proceedings related to crimes involving public funds, and the role of the Military Security Service and Judicial Police in these investigations.

The government amended laws to clarify oversight of the Judicial Police. The previous language limited the Judicial Police’s ability effectively to investigate corruption cases and other criminal offenses. The law stipulates the legal protection, and therefore impunity, of leaders of economic enterprises.

On July 1, the Sidi M’Hamed court sentenced former prime ministers Ahmed Ouyahia and Abdelmalek Sellal to 12 years in prison after their convictions on corruption charges. Their cases involved illegal campaign financing during Bouteflika’s presidential campaigns. In the same proceedings, the court convicted eight additional former Bouteflika-era ministers and sentenced them to prison terms ranging from two to 20 years.

On July 1, businessman Ali Haddad received an 18-year sentence for “privileges, advantages and public contracts” and squandering public funds. The court confiscated Haddad’s assets and sentenced four of his brothers to four years in jail each. On November 3, an Algiers appellate court reduced Haddad’s prison sentence to 12 years, released a portion of his previously seized assets, and overturned the convictions of Haddad’s four brothers.

In April courts sentenced former police Director General Abdelghani Hamel, detained since July 2019, to 15 years in prison on corruption charges. Hamel used his position to obtain land and real estate for himself and his family in Tlemcen, Oran, Tipaza, and Algiers.

Financial Disclosure: The law stipulates that all elected government officials and those appointed by presidential decree must declare their assets the month they commence their jobs, if there is substantial change in their wealth while they are in office, and at the end of their term. Few government officials made their personal wealth public, and there was no known enforcement of the law.

On July 29, Tebboune dismissed the Minister of Labor Ahmed Chawki Fouad Acheuk Youcef. Although Tebboune did not state the reason for Acheuk Youcef’s dismissal, press reports alleged that he failed to declare overseas property.

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

A variety of domestic human rights groups operated with varying degrees of government restriction and cooperation. The law requires all civil associations to apply for operating permission, and at year’s end several major civil associations remained unrecognized but tolerated.

Amnesty International maintained an office and actively reported on human rights matters, but it did not receive official authorization to operate from the Ministry of Interior. Amnesty International has received authorization to open a bank account, although the organization awaits final documentation from the government to open the account.

Although the government did not renew the accreditation of the Algerian League for the Defense of Human Rights, the organization had members countrywide, received independent funding, and was one of the most active independent human rights groups. The Algerian League for Human Rights, a separate but licensed organization based in Constantine, had members throughout the country monitoring individual cases.

The United Nations or Other International Bodies: The government extended an invitation to the UN Working Group on Enforced or Involuntary Disappearances in 2014 and again in 2015, but no visit occurred.

In 2013 government representatives attended a session with the UN Working Group on Enforced or Involuntary Disappearances. The government officially recorded 3,200 forced disappearances during the 1990s and noted families remain unsatisfied with the government’s official response surrounding the disappearances of their family members. The government reported the working group was tasked with addressing questions posed by the families of “the disappeared.” The MFA stated the working group took on the role of a UN investigative body, which was outside its mandate and ran contrary to the country’s constitution. The MFA further added that they extended invitations to the working group in 2014 and again in 2015, but UN financial and scheduling constraints delayed their visit. The MFA claimed that the UN would not be able to visit until at least 2023 due to continued financial and scheduling issues.

The country joined the Human Rights Council in 2014 but continued to deny requests for visits from the UN special rapporteurs on extrajudicial executions (pending since 1998) and counterterrorism and human rights (pending since 2006), the UN Working Group on arbitrary detention (pending since 2009), and the UN Security Council Mali Panel of Experts on Sanctions (since 2016). The MFA stated that even during the 1990s, the country did not record many extrajudicial executions, but the perception caused numerous human rights groups to request special rapporteurs.

The MFA said it cooperates with the UN and the EU on human rights matters and reports. The MFA reported that during its last Universal Periodic Review in 2017, the country accepted 179 of the 218 UN recommendations.

Government Human Rights Bodies: The National Human Rights Council (CNDH) has budget autonomy and the constitutional responsibility to investigate alleged human rights abuses, officially comment on laws the government proposes, and publish an annual report that is submitted to the president, the prime minister, and the two speakers of parliament. CNDH releases the report to the public. The CNDH reported representation in 1,548 communes and five regional delegations located in Chlef, Biskra, Setif, Bechar, and Bejaia.

The CNDH reported COVID-19 hampered its activities. Nevertheless, the CNDH noted that during the year it had: assessed children’s right to education; inquired into teachers’ salary demands; conducted webinars with the Arab and African Human Rights Networks; conducted prison visits; and worked on migrant topics related to health and sanitation in a pandemic. Between January 1 and August 31, the CNDH reported receiving 380 complaints, down from 687 in 2019, but did not specify how many it investigated. A CNDH representative reported the organization’s focus during the year was on prison conditions (particularly in the context of COVID-19), vulnerable populations (specifically migrants and the elderly), day laborers, and constitutional proposals.

The government also maintained cooperation with the Algerian Red Crescent Society, a local humanitarian volunteer organization officially recognized by the International Red Cross and Red Crescent Movement. The local group collaborates with the Ministry of Health, providing medical assistance and analyses to vulnerable groups, including refugees and migrants. The Algerian Red Crescent also promotes tolerance via cultural events supporting migrants, such as Christmas-related events, work to protect vulnerable children, and distribution of food and supplies for education and sanitation.

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

Women

Rape and Domestic Violence: The law criminalizes rape but does not specifically address spousal rape. Prison sentences for rape range from five to 10 years and, although sex crimes are rarely reported due to cultural norms, authorities generally enforced the law. A provision of the penal code allows an adult accused of “corruption of a minor” to avoid prosecution if the accused subsequently marries his or her victim and if the crime did not involve violence, threats, or fraud. The law stipulates sentences of one year to life imprisonment for “anyone who voluntarily causes injury or blows to his or her spouse.” It also introduced penalties for verbal and psychological violence, sexual assault, harassment, and indecent assault.

Domestic violence remains a society-wide problem. The law states that a person claiming domestic abuse must visit a “forensic physician” for an examination to document injuries and that the physician must determine the injuries suffered “incapacitated” the victim for 15 days. The law prescribes up to a 20-year imprisonment for the accused, depending on the severity of injuries. If domestic violence results in death, a judge may impose a life sentence.

For the first quarter of the year, the Ministry for National Solidarity, Family, and Women reported that there were 260 logged cases of violence against women, down from 1,734 cases in 2019. The Minister of Solidarity provides psychological care, guidance, and administrative and legal support through their Social Action and Solidarity Departments (DASS) teams, which are in all the country’s provinces. The National Security General Directorate (DGSN) reported there were 6,121 complaints related to violence against women.

According to statistics from women’s advocacy groups published in the local press, between 100 and 200 women die each year from domestic violence. The government maintained two regional women’s shelters and finished building a third shelter in Annaba, which the government said will be operational by the end of the year. These shelters assisted with 300 cases of violence against women during 2019. The Information and Documentation Center on the Rights of Children and Women, a network of local organizations that promoted the rights of women, managed call centers in 15 provinces.

Femicides Algeria, an advocacy group which tracks and publicizes femicides, reported 38 women have been killed because of their gender in the country since the start of the year.

In April media reported several femicides. In Bouzareah a police officer shot and killed his wife in front of their four children. In Zahana a man threw his wife from the window of their second-floor apartment. In Relizane a 25-year-old man stabbed his mother. The women died in these three cases and police arrested the perpetrators. Their cases are still pending.

In October a 19-year-old woman, Chaima Sadou, was kidnapped, raped, and murdered. Authorities arrested a suspect, who confessed to killing Sadou. The suspect previously served three years in prison after authorities convicted him for sexually assaulting and stalking Sadou when she was 15 years old. Sadou’s remains were burned beyond recognition.

During the year a women’s advocacy group, the Wassila Network, received 200 cases of domestic violence. The Wassila Network stated information on domestic violence remains sparse and public authorities have not provided exact statistics on violence against women since 2012. The Wassila Network noted this number is a fraction of actual cases since victims of domestic violence rarely report the abuse to authorities and because of a forgiveness clause provided in the legal code. The clause stipulates that, if the victim forgives his or her aggressor, legal action ceases. The Wassila Network described situations in which a victim goes to police to report a domestic violence incident and family members convince the victim to forgive the aggressor, resulting in no charges.

The Wassila Network reported 16 femicides during the COVID-19 lockdown. According to the NGO, the figure is likely much higher, since many cases are not reported. Women’s groups expressed concerns about the consequences of the lockdown. NGO Femmes Algeriennes vers un Changement pour l’Egalite (FACE) issued a statement highlighting the increase of violence against women within the home. FACE called for authorities to implement emergency measures to protect women from violence.

Two women’s rights activists, Wiam Arras and Narimene Mouaci, launched a Facebook initiative called “Feminicides Algerie” to track femicide in the country. As of August 18, they documented 36 cases of femicide. The initiative’s goal is to publicize the extent of violence against women, specifically violence resulting in death. They began their publicity initiative in 2019, after seeing the discrepancy between official statistics and NGO statistics, the latter of which were almost double that of the authorities.

Women’s rights NGOs maintained call centers and counseling sessions throughout the COVID-19 lockdown. The Wassila Network, which usually averages between 20 calls a week, received an average of 70 calls per week since the COVID-19 lockdown began in March.

The law provides for sentences of one to 20 years’ imprisonment for domestic violence and six months to two years’ incarceration for men who withhold property or financial resources from their spouses.

In 2018 the Ministry for National Solidarity, Family, and Women and UN Women launched an administrative database, named AMANE, to collect information on violence against women. UN Women is using the information collected to assist the government in developing targeted programs to support and protect women in vulnerable situations, including violence, as part of one of its programs funded by the Belgian government. The government reported it uses the data to identify patterns of violence against women, specifically collecting data on family situations, types of violence, and relationship to the perpetrators. The 2019 AMANE data showed women aged 36-50 represent 47 percent of reported cases; women aged 19-35 represent 30 percent of cases; and the most frequent perpetrators are women’s husbands.

Female Genital Mutilation and Cutting (FGM/C): This was not generally practiced in the country but was widely present among immigrant communities in southern sectors, particularly among Sub-Saharan African migrant groups. While this abuse is considered a criminal offense punishable by up to 25 years in prison, there were no reports of any related convictions, nor any official pronouncements by religious or secular leaders proscribing the practice.

Sexual Harassment: The punishment for sexual harassment is one to two years’ imprisonment and a fine; the punishment doubles for a second offense. Women’s groups said that most reported cases of harassment occurred in the workplace.

Reproductive Rights: Couples and individuals have the right to decide the number, timing, and spacing of their children; have the right to manage their reproductive health; and had access to the information and means to do so. Societal and family pressure restricted women from making independent decisions about their health and reproductive rights.

Conservative elements of society challenged the government’s family planning program, including the provision of free contraception. A 2018 Oran hospital survey showed that a husband’s prohibition or religious disapproval influenced women’s contraceptive practices. Married and unmarried women had access to contraceptives, although some clinics required a prescription before dispensing birth control pills to unmarried women. A doctor in Oran said anecdotally that her colleagues more frequently questioned young women’s motives for seeking birth control, compared to past practice. Women did not need permission to obtain birth control pills, but doctors required permission of the partner for women who sought tubal ligation.

Civil society organizations such as the Wassila Network coordinated medical, psychological, and legal support to victims of sexual violence.

According to World Health Organization (WHO) data, the maternal mortality rate gradually dropped from 179 deaths per 100,000 live births in 1998 to 112 deaths per 100,000 live births in 2017 (the most recent available annual data). The WHO attributed the decline to increased medical training, investments in health care, and specific government initiatives aimed at reducing maternal deaths. A 2018 study by a prominent women’s group found that 75 percent of women who used nonbarrier birth control opted for the birth control pill, while 11 percent opted for an intrauterine device. These figures coincided with the United Nations Population Fund’s most recent data.

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

Discrimination: Although the constitution provides for gender equality, aspects of the law and traditional social practices discriminated against women. In addition some religious elements advocated restrictions on women’s behavior, including freedom of movement. The law prohibits Muslim women from marrying non-Muslims, although authorities did not always enforce this provision.

Women may seek divorce for irreconcilable differences and violation of a prenuptial agreement. In a divorce the law provides for the wife to retain the family’s home until the children reach age 18. Authorities normally awarded custody of children to the mother, but she may not make decisions about education or take the children out of the country without the father’s authorization. The government provided a subsidy for divorced women whose former husbands failed to make child support payments.

The law affirms the religiously based practice of allowing a man to marry as many as four wives. The law permits polygamy only upon the agreement of the previous and future wife, and the determination of a judge as to the husband’s financial ability to support an additional wife. It was unclear whether authorities followed the law in all cases since local authorities had significant discretion and the government did not maintain nationwide statistics.

Women suffered from discrimination in inheritance claims and were entitled to a smaller portion of an estate than male children or a deceased husband’s brothers. Women did not often have exclusive control over assets that they brought to a marriage or that they earned.

Women may own businesses, enter into contracts, and pursue careers similar to those of men. Women enjoyed rights equal to those of men concerning property ownership, and property titles listed female landowners’ names.

Children

Birth registration: The mother or father may transmit citizenship and nationality. By law children born to a Muslim father are Muslim, regardless of the mother’s religion. The law does not differentiate between girls and boys in registration of birth.

On August 8, the prime minister changed the procedure for recognizing children born to an unknown father. The decree stipulates requests must be made through the Ministry of Justice. The decree also states that a “person who has legally fostered a child born to an unknown father, may submit a request, on behalf and for the benefit of this child, to the public prosecutor in order to change the patronymic name of the child and make it match his own.” If the child’s mother is known and alive, her consent is required to change the name. Those born abroad can file a request at the diplomatic or consular center of their place of residence.

Child Abuse: Child abuse is illegal but continues to be a problem. The government devoted increasing resources and attention to it. A national committee is responsible for monitoring and publishing an annual report on the rights of children. The government supported the Qatari NGO Network for the Defense of Children’s Rights. For the first quarter of the year, the Ministry for National Solidarity, Family, and the Status of Women reported that the government intervened in 887 child endangerment cases.

Laws prohibiting parental abduction do not penalize mothers and fathers differently, and the punishment for convicted kidnappers includes the death penalty.

In August, Meriem Chorfi, president of the National Body of the Protection and Promotion of Children (ONPPE), stated her organization’s toll free telephone number received 1,480 reports related to children’s rights abuses. She added that 500 calls occurred during the mandatory COVID-19 curfew period. Chorfi estimated the ONPPE hotline receives 10,000 calls per day, mostly to request information or clarification on specific topics related to child abuse.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 19 for both men and women, but minors may marry with parental consent, regardless of gender. The law forbids legal guardians from forcing minors under their care to marry against the minor’s will. The Ministry of Religious Affairs required that couples present a government-issued marriage certificate before permitting imams to conduct religious marriage ceremonies.

Sexual Exploitation of Children: The law prohibits solicitation for prostitution and stipulates prison sentences of between 10 and 20 years when the offense is committed against a minor younger than 18. By law the age for consensual sex is 16. The law stipulates a prison sentence of between 10 and 20 years for rape when the victim is a minor. The DGSN reported there were 1,443 victims of child sexual abuse.

The law established a national council to address children’s matters, which gives judges authority to remove children from an abusive home, and allows sexually abused children to provide testimony on video rather than in court.

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

Anti-Semitism

The country’s Jewish population numbered fewer than 200 persons.

Religious and civil society leaders reported that the Jewish community faced unofficial, religion-based obstacles to government employment and administrative difficulties when working with government bureaucracy.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with disabilities, although the government did not always effectively enforce these provisions (see also section 7, Worker Rights).

The Ministry of National Solidarity, Family, and the Status of Women provided some financial support to health-care-oriented NGOs, but for many NGOs, such financial support represented a small fraction of their budgets. The government provided disability benefits to persons with disabilities who registered.

The Ministry of National Solidarity, Family, and Women reported that in 2019 it ran 238 centers throughout the country that provided support for persons with intellectual, auditory, vision, and physical disabilities.

Many persons with disabilities struggled to acquire assistive devices and noted the National Office of Apparatus and Accessories for the Handicapped did not have a presence in all provinces.

The ministry stated that it worked with the Ministry of Education to integrate children with disabilities into public schools to promote inclusion. The majority of the ministry’s programs for children with disabilities remained in social centers for children with disabilities rather than in formal educational institutions. Advocacy groups reported that children with disabilities rarely attended school past the secondary level. Many schools lacked teachers trained to work with children with disabilities, threatening the viability of efforts to mainstream children with disabilities into public schools. For the 2020-21 school year, the government reported it created 1,722 positions to assist children with disabilities, including 940 master teachers’, 400 teachers’, and 382 school assistants’ positions. The government also reported it limited class sizes for children with auditory, visual, and mental disabilities.

Many persons with disabilities faced challenges casting ballots due to voting centers that lacked accessible features.

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

The law criminalizes public indecency and consensual same-sex sexual relations between adult men or women, with penalties that include imprisonment of six months to three years and a fine. The law also stipulates penalties that include imprisonment of two months to two years and fines for anyone convicted of having committed a “homosexual act.” If a minor is involved, the adult may face up to three years’ imprisonment and a fine. LGBTI activists reported that the vague wording of laws criminalizing “homosexual acts” and “acts against nature” permitted sweeping accusations that resulted in multiple arrests for consensual same-sex sexual relations, but no known prosecutions during the year.

LGBTI status is not, in itself, criminalized; however, LGBTI persons may face criminal prosecution under legal provisions concerning prostitution, public indecency, and associating with bad characters. NGOs reported that judges gave harsher sentences to LGBTI persons for the above crimes compared to non-LGBTI persons. An NGO reported that LGBTI men were targeted more often than women.

The law does not extend antidiscrimination protections to LGBTI persons based on sexual orientation, gender identity or expression, or sex characteristics. Officials asserted that the law covers LGBTI individuals through general civil and human rights legislation. Government officials did not take measures specifically to prevent discrimination against LGBTI persons. LGBTI persons faced discrimination in accessing health services such as longer wait times, refusal of treatment, and shaming. Some organizations maintained a list of “LGBTI-friendly” hospitals, and several NGOs operated mobile clinics specifically for vulnerable communities. NGOs reported that employers refused jobs to LGBTI persons, particularly men perceived as effeminate. Community members reported obtaining legal assistance was also a challenge due to similar discrimination.

On July 24, Constantine’s national gendarmerie arrested 44 individuals for supporting a same-sex marriage. On September 3, authorities convicted 44 individuals of same-sex sexual relations, public indecency, and subjecting others to harm by breaking COVID-19-related quarantine measures. Two men received three years in prison and a fine, and the others received a one-year suspended sentence.

In February, two men shared their wedding ceremony on social media. Following the post, Tebessa security authorities arrested the two men, charging them with “displaying shameful images to the public, committing an act of homosexuality in public, and possession of drugs.”

During the year LGBTI NGOs organized virtual meetings. The NGOs reported government harassment, including threats of imprisonment.

HIV and AIDS Social Stigma

Strong social stigma towards the vulnerable groups in which HIV/AIDS was most concentrated–commercial sex workers, men who have sexual relations with men, and drug users–deterred testing of these groups. The government reported it did not take measures to specifically prevent and treat HIV/AIDS in the LGBTI community. Members of the country’s LGBTI community reported pre-exposure prophylaxis (PrEP) is not available.

According to UNAIDS the country was close to achieving the UNAIDS’ 90-percent target, with 84 percent of persons living with HIV knowing their status. Civil society organizations are integral to the region’s HIV response, and advocate for HIV prevention, treatment, and funding. Many civil society organizations include individuals affected by HIV, helping these organizations reach key populations.

The government’s National AIDS Committee met during the year. The committee brought together various government and civil society actors to discuss implementation of the national strategy to combat HIV/AIDS.

During the COVID-19 pandemic, a professor at El-Hadi Flici Hospital, Algiers’ primary hospital for infectious diseases, stated ambulances were delivering AIDS patients’ medicines to reduce their susceptibility to COVID-19.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution allows workers to join and form unions of their choice, provided they are citizens. The country has ratified the International Labor Organization’s (ILO) conventions on freedom of association and collective bargaining but failed to enact legislation needed to implement these conventions fully.

The law requires that workers obtain government approval to form a union, and the Ministry of Labor must approve or disapprove a union application within 30 days. To form a union, an applicant must be Algerian by birth or have held Algerian nationality for 10 years. The law also provides for the creation of independent unions, although the union’s membership must account for at least 20 percent of an enterprise’s workforce. Unions have the right to form and join federations or confederations, and the government recognized four confederations. Unions may recruit members at the workplace. The law prohibits discrimination by employers against union members and organizers and provides mechanisms for resolving trade union complaints of employers’ antiunion practices.

The law permits unions to affiliate with international labor bodies and develop relations with foreign labor groups. For example the General Union of Algerian Workers (UGTA), which represented most public-sector workers, is an affiliate of the International Trade Union Confederation. Nevertheless, the law prohibits unions from associating with political parties and receiving funds from foreign sources. The courts are empowered to dissolve unions that engage in illegal activities. The government may invalidate a union’s legal status if authorities perceive its objectives to be contrary to the established institutional system, public order, good morals, law, or regulations in force.

The law provides for collective bargaining by all unions, and the government permitted the exercise of this right for authorized unions. Nevertheless, the UGTA remained the only union authorized to negotiate collective bargaining agreements during the annual tripartite meeting. Other authorized unions can bargain with specific ministries but are excluded from the tripartite meeting.

The law provides for the right to conduct legal strikes, and workers exercised this right, subject to conditions. Striking requires a secret ballot of the whole workforce. The decision to strike must be approved by majority vote of workers at a general meeting. The government may restrict strikes on a number of grounds, including economic crisis, obstruction of public services, or the possibility of subversive actions. Furthermore all public demonstrations, including protests and strikes, must receive prior government authorization. By law workers may strike only after 14 days of mandatory conciliation or mediation. The government occasionally offered to mediate disputes. The law states that decisions reached in mediation are binding on both parties. If mediation does not lead to an agreement, workers may strike legally after they vote by secret ballot to do so. The law requires that a minimum level of essential public services must be maintained during public-sector service strikes, and the government has broad legal authority to requisition public employees. The list of essential services included banking, radio, and television. Penalties for unlawful work stoppages range from eight days to two months’ imprisonment. The law protects union members from discrimination or dismissal based on their union activities. Penalties for abusing union members’ rights are not sufficient to deter abuses. The law says any firing or other employment action based on discrimination against union members is invalid. The government did not effectively enforce these laws.

The government affirmed there were 91 registered trade unions and 47 employers’ organizations, the same number as reported in 2019. The government registered 11 new trade unions between January and September. Many trade unions remained unrecognized by the government; they identified delayed processing and administrative hurdles as the primary obstacles to establishing legal status. The ILO Committee of Experts on the Application of Conventions and Recommendations reiterated in 2017 that the lengthy registration process seriously impedes the establishment of new unions.

Attempts by new unions to form federations or confederations suffered similar challenges. Representatives of the National Autonomous Union for Public Administration Personnel (SNAPAP) stated that the union continued to function without official status.

The government continued to deny recognition to the General Autonomous Confederation of Workers in Algeria (CGATA), an independent trade union confederation that includes public and economic sector unions and committees. CGATA membership included workers from unions representing government administrators, diplomatic personnel, state electricity and gas employees, university professors, public transport and postal workers, and lawyers. The confederation also included migrants working in the country. In December 2019 authorities shut down CGATA’s offices and authorities arrested and jailed an executive member of CGATA, Kaddour Chouicha. The International Trade Union Confederation (ITUC) called for Chouicha’s immediate release, and described his arrest as “a flagrant violation of Algeria’s obligations to respect freedom of association,” and “a deeply troubling indictment of those in power.”

SNAPAP and other independent unions faced government interference throughout the year, including official obstruction of general assembly meetings and police harassment during sit-in protests. Furthermore, the government restricted union activities and the formation of independent unions in certain critical public services sectors, such as oil and gas and telecommunications. The International Trade Union Confederation reported that judicial abuse of trade union leaders had intensified.

On August 11, Numilog company, a subsidiary of Cevital, laid off 196 workers at its facility in Bejaia. The workers were the target of dismissal decisions following a series of cyclical three-day strikes during which they demanded the right to join a trade union.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. NGOs reported that irregular migrants sometimes worked in forced labor and that their lack of work permits made them more vulnerable to exploitation. For example, female migrants were subjected to debt bondage as they worked to repay smuggling debts through domestic servitude, forced begging, and forced prostitution. Designated penalties under this statute were not commensurate with penalties for kidnapping. Construction workers and domestic workers were reportedly vulnerable. The government did not effectively enforce the law.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employment by minors in dangerous, unhealthy, or harmful work or in work considered inappropriate because of social and religious considerations, yet the country has not determined by national law or regulation the types of work that are hazardous for children. The country does not bar all of the worst forms of child labor. Under the law there is no legislative provision prohibiting the use, procuring, or offering of a child under 18 years of age for the production and trafficking of drugs. The minimum legal age for employment is 16, but younger children may work as apprentices with permission from their parents or legal guardian. The law prohibits workers younger than 19 from working at night. The ILO noted, however, that the country’s standard of “night” for children is only eight hours, less than the 11 hours recommended by the ILO.

Although specific data was unavailable, children reportedly worked mostly in the informal sales market, often in family businesses. There were isolated reports that children were subjected to commercial sexual exploitation.

The Ministry of Labor is responsible for enforcing child labor laws and refers violators to the Ministry of Justice for prosecution. There is no single office charged with this task, but all labor inspectors are responsible for enforcing laws regarding child labor. The Ministry of Labor conducted inspections and, in some cases, investigated companies suspected of hiring underage workers. The ministry’s Labor Inspector Service in 2019 conducted 124,698 inspections and reported 10 children were found working illegally. The Ministry of Labor attributed the low figure to the fact that most children work in the informal economy, and inspections are limited to registered businesses. The law for the protection of the child criminalizes anyone who economically exploits a child, but the penalties are neither sufficiently stringent nor commensurate with those prescribed for other serious crimes. Monitoring and enforcement practices for child labor were ineffective and hampered by an insufficient number of inspectors to examine the formal and informal economy.

The Ministry of National Solidarity, Family, and Women leads a national committee composed of 12 ministries and NGOs that meets yearly to discuss child labor issues. The committee was empowered to propose measures and laws to address child labor as well as conduct awareness campaigns.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment, salary, and work environment based on age, gender, social and marital status, family links, political conviction, disability, national origin, and affiliation with a union. The law restricts women from working during certain hours of the day, and does not permit women to work in jobs deemed arduous. In addition to the legislative provisions in force, employers must ensure that the work entrusted to women, minors, and persons with disabilities does not “require an effort exceeding their strength.”

Women reported facing employment discrimination with job offers being extended to less qualified male applicants. Although the law states women should receive a salary equal to men, leaders of women’s organizations reported that discrimination was common, and women were less likely to receive equal pay for equal work or promotions, particularly in the private sector.

Few businesses abided by the law requiring that they reserve 1 percent of jobs for persons with disabilities. NGOs reported that the government did not enforce payment of fines for failing to abide by the law. The government usually highlights its efforts in March to coincide with the National Day of the Disabled. The ministry, however, reported it had increased efforts to enforce the 1-percent quota during the year. From January 2019 to September 2019, the Ministry of Labor audited 160,218 organizations and found that 2,389 companies did not respect the 1-percent quota.

The law does not explicitly prohibit discrimination with respect to employment based on sexual orientation, HIV-positive status, or religion. The government did not adequately enforce the law, since discrimination reportedly existed, specifically against migrant workers in the informal economy who lacked a legal means to address unfair working conditions. Particularly vulnerable were women, girls, and young men from sub-Saharan Africa who were lured into the country to accept jobs in restaurants and hair salons, but were forced to work in prostitution or engage in other forced labor conditions. The recent roundups and expulsions mark the sharpest spike in these operations since the start of the pandemic in March.

On August 9, President Tebboune directed authorities to monitor and assess foreign traders and their activities, specifically targeting refugees’ activities.

Men held a large percentage of positions of authority in government and the private sector. NGOs reported instances in which unaccompanied migrant female youth were exploited as domestic workers and were known to be loaned out to families for extended periods to work in homes or exploited as prostitutes.

e. Acceptable Conditions of Work

A tripartite social pact among business, government, and the official union established a national, monthly minimum wage which is above the poverty income level. In June President Tebboune directed the Ministry of Labor to increase minimum wage from 18,000 to 20,000 Algerian dinars ($140-$155) per month. He also eliminated tax obligations for low-income workers.

The standard workweek was 40 hours, including one hour for lunch per day. Half of the lunch hour is considered compensated working time. Employees who worked longer than the standard workweek received premium pay on a sliding scale from time-and-a-half to double time, depending on whether the overtime occurred on a normal workday, a weekend, or a holiday.

The law contains occupational health and safety standards that were not fully enforced. There were no known reports of workers dismissed for removing themselves from hazardous working conditions. If workers face such conditions, they may renegotiate their contract or, failing that, resort to the courts. While this legal mechanism exists, the high demand for employment in the country gave an advantage to employers seeking to exploit employees. Labor standards do not formally allow refugee employment or adequately cover migrant laborers; therefore, many economic migrants from sub-Saharan Africa and elsewhere who worked in the informal sector, primarily in construction and as domestic workers, were at risk of labor exploitation due to their lack of legal status.

The government requires employers to declare their employees to the Ministry of Labor and to pay social security benefits. Penalties for noncompliance are insufficient to deter abuses. The government allowed undeclared workers to gain credit for social security and retirement benefits for time spent in the informal economy if they repay any taxes owed after registering. The government did not effectively enforce the law. The Labor Ministry did not employ sufficient inspectors to deter abuses.

On March 22, the government placed 50 percent of its civil servants and private workers on mandatory leave, with full compensation, in accordance with COVID-19 lockdown measures.

The government prioritized pregnant women and women raising children, as well as individuals with chronic illnesses and those with health vulnerabilities, for exceptional leave. On March 24, authorities extended exceptional leave to the private sector.

On August 2, the government enacted a law intended to protect health-care workers following an increase in “physical and verbal attacks” during the COVID-19 pandemic. The law also sanctions acts of violence against public assets and medical equipment, with the maximum penalty of life imprisonment.

Andorra

Executive Summary

The Principality of Andorra is a constitutional, parliamentary democracy. Two coprinces–the president of France and the Spanish bishop of Urgell–serve with joint authority as heads of state. In April 2019 the country held free and fair multiparty elections for the 28 seats in parliament (the General Council of the Valleys), which selects the head of government. Having won a majority in parliament, the Democrats for Andorra (DA) formed a coalition with Liberals of Andorra (L’A) and Committed Citizens (CCs), and elected Xavier Espot Zamora from the DA head of government.

The country’s only security forces are the police, prison officers, traffic police, and forestry officials. The national police maintained internal and external security. The Ministry of Justice and Interior maintained effective civilian control over the security forces. Members of the security forces committed no abuses.

There were no reports of significant human rights abuses.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses.

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. Judicial authorities investigated whether security force killings were justifiable and pursued prosecutions.

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, and there were no reports that government officials employed them.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

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

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

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted visits by independent human rights observers.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The law requires warrants for arrest. Police may legally detain persons for 48 hours without a hearing, and police generally observed this time limit. A judge has up to 24 hours to charge or release the detainee. Police promptly informed detainees of charges against them. A bail system exists. The law provides detainees the right to legal counsel from the moment of arrest. Persons charged with a crime may choose their own lawyers or accept one designated by the government.

Pretrial Detention: The law provides that the duration of provisional detention may not exceed four months. The judge may, by means of a reasoned decision, extend its duration for the same amount of time. The duration of the provisional detention may not exceed half the maximum penalty prescribed by the criminal code for the offenses for which it has been ordered. According to the law, once the case has been sent to court, the duration of the pretrial detention cannot exceed six months (minor offenses) or 12 months (serious offenses). The slow pace of the justice system and lack of human resources often result in lengthy detentions beyond the period stipulated by law. In August a group of prisoners and their families denounced the abusive overuse and extended lengths of pretrial detention. As of July, 57 percent of all prisoners were in pretrial detention, on average for 492 days.

e. Denial of Fair Public Trial

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

Trial Procedures

The constitution and law provide for the right to a fair public trial, and an independent judiciary generally enforced this right. Defendants enjoy a presumption of innocence and receive prompt, detailed notification of the charges against them. Trials are fair and public. Defendants have the right to be present at their trial and to consult in a timely manner with an attorney of their choice. If a defendant cannot afford an attorney, the government must appoint a public attorney. Defendants and their attorneys have adequate time and facilities to prepare a defense. The government provides an interpreter, if needed, from the moment of being charged through all appeals. Defendants can confront or question witnesses against them and present witnesses and evidence on their behalf. Defendants cannot be compelled to testify or confess guilt, and they have the right to appeal.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Plaintiffs may bring lawsuits seeking damages for, or cessation of, a human rights violation. Individuals and organizations may appeal adverse domestic decisions to the European Court of Human Rights. The national ombudsman also serves to protect and defend basic rights and public freedom on behalf of citizens.

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

The constitution and law prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

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, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events. In response to the COVID-19 pandemic, however, the government temporarily canceled cultural events and closed schools to protect public health in accordance with the law.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of assembly and association, and the government generally respected these rights. During the COVID-19 pandemic, the government temporarily restricted large gatherings and public assemblies according to the law.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. During the COVID-19 pandemic, the government temporarily restricted internal movement and foreign travel according to the law.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

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

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees, preferring to deal with them on an ad hoc basis. There is a lack of domestic legislation on asylum seekers and refugees and, in particular, on measures to protect unaccompanied and refugee children. The law provides for the temporary protection of asylum seekers and allows their entry, stay, and right to work for a two-year period, renewable for six additional months. The government and the Community of Sant’Egidio maintained a humanitarian corridor from French and Spanish airports for refugees to enter the country. Since the start of the corridor in 2018, eight Syrian refugees received legal, medical, psychological, social, and educational assistance.

Access to Basic Services: The law provides for housing, as well as access to social services, health care, and education. The government provided these benefits to the incoming asylum seekers.

g. Stateless Persons

Not applicable.

Section 3. Freedom to Participate in the Political Process

The constitution and the 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: Observers considered parliamentary elections held in April 2019 to be free and fair.

Participation of Women and Members of Minority Groups: No laws limit the participation of women or minorities in the political process, and they did participate. Citizens were ethnically and linguistically homogeneous but, as of the end of the year, represented only 48 percent of the country’s population. The majority of the population consisted of immigrants, largely from Spain, Portugal, and France. The law requires 20 years of residency for naturalization. Because only citizens have the right to hold official positions, there were no members of minorities in government.

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. Officials infrequently engaged in corrupt practices with impunity. There were no reports of government corruption during the year.

Financial Disclosure: The constitution and the law do not require disclosure of income or assets by elected or appointed officials, except for the declaration of earned income to the Andorran Social Security Fund required of all employees. The government did not publish the declarations.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses 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 were cooperative and responsive to their views.

Government Human Rights Bodies: The ombudsman’s main function is to defend and oversee the fulfillment and application of the rights and liberties included in the constitution and to ensure the public sector adheres to constitutional principles. The Ombudsman’s Office also covers all cases of discrimination in the private sector as well as in the protection of the rights of minors and persons with disabilities and protection against racist, xenophobic, anti-Semitic, and intolerant attitudes. The Ombudsman’s Office is independent from other institutions and provides its functions free of charge to interested persons.

The ombudsman enjoyed the government’s cooperation, operated without government interference, had adequate resources, published an annual report to parliament with recommendations, and was considered effective.

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

Women

Rape and Domestic Violence: The law prohibits rape, including spousal rape, both of which are punishable by up to 15 years’ imprisonment. It penalizes domestic physical or psychological violence with a prison sentence of up to three years. Authorities enforced the law effectively.

The government’s Service for the Assistance of Victims of Gender Violence assisted 236 persons. This represented a 68-percent increase in reported cases. Most of the reported cases occurred during the government lockdown from March through May in response to the COVID-19 pandemic. The Service provided comprehensive medical and psychological services as well as legal assistance to victims of gender violence and domestic violence. In addition the government placed abused women and their children in a shelter, in a hotel, or with voluntary foster families. The national hotline for victims continued to function as a 24-hour service. Victims of domestic and gender-based violence could also report abuse by saying the words “purple code” to hospital workers or law enforcement agents activate all relevant assistance protocols. Victims could also request help from nongovernmental organizations (NGOs) Andorran Women’s Association (ADA), Accio Feminista Andorra, and Stop Violencies Andorra. In June the Ministry of Social Affairs, Housing, and Youth signed a memorandum of understanding with Accio Feminista Andorra to establish a victim’s assistance collaboration framework.

The Department of Equality Policies, which promotes and develops programs to prevent and fight against gender and domestic violence as well as any other forms of inequality, provided training on gender violence for journalists of the main national media outlets, social workers in the national and municipal administrations, and law enforcement agents.

Sexual Harassment: The law prohibits sexual harassment under the provisions for other sexual aggressions, punishable by three-months’ to three years’ imprisonment. As of the end of August, no cases were reported to authorities. Victims were reluctant to file a complaint due to fear of reprisal.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and had access to the information and means to do so, free from discrimination, coercion, or violence. The government provided access to sexual and reproductive health services for survivors of sexual violence.

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

Discrimination: The law prohibits discrimination privately or professionally with fines up to 24,000 euros ($28,800). The government enforced the law effectively.

Children

Birth Registration: According to the law, citizenship is acquired at birth in the following circumstances: a child is born in the country to an Andorran parent or born abroad to an Andorran parent born in the country; a child is born in the country if either parent was born in the country and is living there at the time of birth; or a child is born in the country and both parents are stateless or of unknown identity. A child of foreign parents may acquire Andorran nationality by birth in the country if at the time of birth one of the parents completed 10 years in the country. Otherwise, the child may become a citizen before attaining the age of majority or a year after reaching the age of majority if his or her parents have been permanently resident in the country for 10 years or if the person can prove that he or she has lived in the country permanently and continuously for the last five years. In the meantime, the child has a provisional passport.

Children are registered at birth.

Child Abuse: The law punishes child abuse with three months’ to six years’ imprisonment. The government’s Specialized Child Protection Team, consisting of three social workers, five psychologists and two social educators, intervened in situations where children and young persons were at risk or lacked protection, and it collected data on cases of child abuse. As of July authorities assisted 246 minors at risk, of whom 16 lived in a shelter designated for them.

The Ministry of Social Affairs approved a new protocol for the protection of minor victims of child abuse, sexual aggression, or physical abuse during judicial proceedings. The aim of the new protocol is to avoid double victimization of the children.

Child, Early, and Forced Marriage: The minimum legal age of marriage is 16 for girls and boys and as young as 14 with judicial authorization.

Sexual Exploitation of Children: The penalty for statutory rape is 15 years’ imprisonment, the same as for rape in general. The law bans slavery and servitude with a maximum of 12 years’ imprisonment and trafficking in persons for the purpose of slavery and servitude with a maximum of six years.

The law punishes anyone who manages or finances premises used for prostitution; who aids, abets, or fosters prostitution; or who incites another person to engage in prostitution by means of violence or intimidation or based on need, superiority, or deceit.

Child pornography is illegal and carries a prison sentence of up to four years. The minimum age of sexual consent is 14 years.

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

Anti-Semitism

Unofficial estimates placed the size of the Jewish community at 100 persons. There were no reports of anti-Semitic acts.

Trafficking in Persons

There were no confirmed reports during the year that Andorra was a source, destination, or transit country for victims of human trafficking.

Persons with Disabilities

The law prohibits discrimination against persons with disabilities. The Ministry of Social Affairs, Housing, and Youth received requests for psychological, social, and legal assistance from persons with disabilities.

The Service for Personal Autonomy within the Ministry of Social Affairs, Housing, and Youth supports persons with disabilities and their families. Local civil society organizations continued to identity as the primary concern for persons with disabilities accessibility for persons with disabilities and their entry into the workforce.

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

The law considers sexual orientation an “aggravating circumstance” for crimes motivated by hate or bias. There were few cases of violence based on sexual orientation, gender identity, or sex characteristics. The Ministry of Social Affairs, Housing, and Youth received requests for psychological, social, and legal assistance from individuals based on their gender identity or expression. NGOs called for appropriate training on transsexuality, especially for professionals working with children, including medical professionals, teachers, and civil servants. Complaints on the grounds of sexual orientation and gender identity may be brought before the civil and administrative courts.

The Ministry of Social Affairs, Housing, and Youth and the NGO Diversand together launched an awareness campaign through social media platforms to foster diversity and tolerance. The campaign aimed at raising the visibility of the lesbian, gay, bisexual, transgender, and intersex community with special emphasis on transgender children.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution and law provide for workers to form and join independent trade unions. The law also regulates the relations between trade unions and employer associations as well as mechanisms of collective conflict. The law provides for the rights to bargain collectively and to strike. Alternate dispute resolution mechanisms such as mediation and arbitration exist. The law neither prohibits antiunion discrimination nor requires the reinstatement of workers fired for union activity.

While the government effectively enforced the law, the county’s main union Unio Sindical d’Andorra (USdA) criticized the law alleging it did not effectively protect workers, especially those with short-term contracts. The economic impact of the COVID-19 pandemic increased the vulnerability of some workers who have precarious contract terms. Penalties for violations were commensurate with those for other laws involving the denial of civil liberties.

The government and employers respected freedom of association. Collective bargaining did not occur during the year. There were no official reports of or investigations into any antiunion discrimination. Workers continued to be reluctant to admit to union membership due to fear of retaliation by their employers and arbitrary dismissal.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor.

The government effectively enforced applicable laws. Penalties were commensurate with penalties for similar crimes.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits children younger than age 14 from working and all of the worst forms of child labor. Children ages 14 or 15 may work up to two months per year during school holidays following strict regulations contained in the law. The law limits work by children who are ages 14 or 15 to no more than six hours per day, limits work by children ages 16 or 17 to eight hours per day, provides for safety restrictions, restricts the types of work children may perform, and outlines other conditions. According to the law, children may not work overtime, work overnight, or work in dangerous occupations, especially in the construction sector. The law provides for protection of children from exploitation in the workplace. Penalties were commensurate with those for other similar crimes. The government effectively enforced the law.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation, and the government effectively enforced the law. Penalties were commensurate to other laws related to civil rights. Some cases of discrimination against persons with disabilities, persons based on sexual orientation, and women occurred with respect to employment or occupation. Discrimination against persons with disabilities existed in the form of social and cultural barriers, as well as disadvantages in the labor market. The Ministry of Social Affairs favored the hiring of persons with disabilities and promoted the Network of Inclusive Businesses, which consisted of 28 companies. Companies received fiscal and social incentives for participating.

Women represented 49 percent of the workforce. The law does not require equal pay for equal work. Although no cases were filed during the year, the ADA and trade union representatives from the USdA reported cases of gender discrimination, especially relating to unequal salaries for the same work and workplace bullying. Victims were reluctant to file a complaint due to fear of reprisal from employers. The government’s Department of Statistics estimated that women earned on average 21 percent less than men for comparable work. In the financial sector, this percentage increased to 38 percent. The government made an effort to combat pay discrimination in general, and it applied pay equality within the government.

e. Acceptable Conditions of Work

The national minimum wage was above the poverty level but not sufficient to provide a decent standard of living for a worker and family. The national ombudsman reported that the minimum wage was not enough to make housing affordable. The government generally enforced minimum wage laws. The number of individuals living in a vulnerable situation increased as a result of the medical crisis caused by the COVID-19 pandemic. Single-parent families were among the most vulnerable groups. Caritas and the Andorran Red Cross provided meals and food rations to more than 1,200 persons per day from June to September.

Workers may work up to two overtime hours per day or 15 hours per week, 50 hours per month, and 426 hours per year. Penalties for wage and overtime violations were commensurate for those of similar crimes.

The responsibility for identifying unsafe situations remains with occupational safety and health experts and not the worker.

The law covers agricultural, domestic, and migrant workers. The Labor Inspection Office has the authority to levy sanctions and fines against companies violating standards and enforced compliance. The office had a sufficient number of inspectors and resources to enforce compliance. Inspectors had the authority to conduct unannounced inspections. Penalties for violations were commensurate with those for similar crimes. As of the end of July, the Labor Inspection Office had received 33 complaints. As of July, the Andorran Social Security Fund had registered 4,604 workplace accidents, which led to 3,610 persons on sick leave from their workplace for an average of 25 days. There were no deaths registered.

Angola

Executive Summary

Angola is a constitutional republic. In August 2017 the ruling Popular Movement for the Liberation of Angola party won presidential and legislative elections with 61 percent of the vote. The ruling party’s presidential candidate Joao Lourenco took the oath of office for a five-year term in September 2017, and the party 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.

The national police, controlled by the Ministry of Interior, are responsible for internal security and law enforcement. The Criminal Investigation Services, also under the Ministry of Interior, are responsible for preventing and investigating domestic crimes. The Expatriate and Migration Services and the Border Guard Police within the Ministry of Interior are responsible for law enforcement relating to migration. The state intelligence and security service reports to the presidency and investigates state security matters. The Angolan Armed Forces are responsible for external security but also have domestic security responsibilities, including border security, expulsion of irregular migrants, and small-scale actions against groups like the Front for the Liberation of the Enclave of Cabinda separatists in Cabinda. Civilian authorities maintained effective control over the Angolan Armed Forces 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. Members of the security forces committed some abuses.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings by government security forces; cases of cruel, inhuman, or degrading treatment or punishment by government security forces; harsh and life-threatening prison conditions; arbitrary detention; political prisoners or detainees; serious restrictions on free expression and the press, including violence, threats of violence or unjustified arrests against journalists and criminal libel laws; serious acts of corruption; lack of investigation of and accountability for violence against women; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, and intersex persons.

The government took significant steps to prosecute or punish officials who committed abuses. It also dismissed and prosecuted cabinet ministers, provincial governors, senior military officers, and other officials for corruption and financial crimes. Nevertheless, accountability for human rights abuses was limited due to a lack of checks and balances, lack of institutional capacity, a culture of impunity, and government corruption. Security forces sometimes used excessive force when enforcing restrictions to address the COVID-19 pandemic. The government has held security forces accountable for these abuses in several 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

The government or its agents committed arbitrary or unlawful killings. The national police and Angolan Armed Forces (FAA) have internal mechanisms to investigate security force abuses, and the government provided some training to reform the security forces.

Several killings occurred after the government enacted measures to combat COVID-19, referred to by presidential decree as the “state of emergency” in May and “state of calamity” in June, which required police and the armed forces to guarantee compliance with measures including wearing masks, physical distancing, and restrictions on citizens’ movements. Credible reports between May and July documented that security forces killed at least seven persons while enforcing COVID-19 restrictions.

On August 22, a team of police officers and Angolan army soldiers approached a group of young men in Zango 3, in the Viana municipality of the capital of Luanda, for failure to wear masks. One of the young men tried to escape to his home 30 feet away, and a soldier shot him in the back and killed him. According to the Luanda Provincial Command, the Criminal Investigation Service and the Military Judiciary detained the soldier and summoned the team to provide testimony regarding the shooting.

On September 1, pediatric doctor Silvio Dala died while in police custody after his arrest for driving his car without wearing a face mask. According to police, Dala was driving alone when stopped by police and taken to a police station where he fainted and hit his head. Police stated the trauma from the fall caused extensive bleeding and Dala died en route to the hospital. The autopsy concluded that Dala died of natural causes.

Police declared Dala was arrested because he violated the requirement to wear a face mask inside vehicles and because the police wanted to ensure Dala would pay a token fine at the site of his arrest. The Angolan Medical Union, several members of parliament, and numerous social media postings objected to the official police version of Dala’s death. The subsequent public outcry after Dala’s death contributed to the government ending the requirement to wear face masks inside vehicles when the driver is alone.

On November 11, during a protest in Luanda to demand better living conditions and local elections, Inocencio de Matos, age 26, was killed when police attempted to disperse demonstrators. Police took him to the hospital where he was treated by a medical team but subsequently died. Witnesses said that police shot and killed him. According to the autopsy report, he died of “physical aggression with a nonspecified object.”

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 both on the way to and inside 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).

Several reports indicated that police used excessive force to enforce the state of emergency implemented to combat COVID-19. On March 30, a video shared widely on social media showed police beating several men with nightsticks while the men laid prostrate on the ground inside a police station.

On October 24, a peaceful demonstration against the government demanding employment and local elections was violently repressed with several persons injured, 103 persons detained on charges of disobedience, and unsubstantiated reports of two persons killed. According to one human rights lawyer, Salvador Freire, some of the detainees, in particular the organizers of the demonstration, were subjected to harsh and violent treatment while in custody.

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: The director of the Institutional and Press Communication Office of the Ministry of Interior, Waldemar Jose, said the country’s 40 prisons are overcrowded. Prisons have a total capacity for 21,000 inmates but hold more than 26,000 inmates, with half of those inmates held in pretrial detention. Jose said the prison system holds an excessive number of prisoners in pretrial detention due to a backlog of criminal cases in the court system.

Authorities frequently held pretrial detainees with sentenced inmates. Authorities also held 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 or while awaiting release warrants issued by higher courts. Many prisoners were held in pretrial detention longer than permitted under law, which ranges from four to 14 months depending on the severity and complexity of the alleged crime.

On June 23, a sub-attorney general said that in Malanje province, many criminal files sit on judges’ desks awaiting a court hearing, while higher court judges delay issuing a release warrant, leading to overcrowding in local prisons.

The director of Luzia jail in Saurimo in Lunda Sul province, said the jail held two inmates in pretrial detention for more than five years. The jail also held many prisoners who had served their sentence and awaited a release warrant.

Prison conditions varied widely between urban and rural areas. Prisons in rural areas were less crowded and had better rehabilitation, training, and reintegration services. There were no reports of cases of deaths in prisons related to the physical conditions of jails. 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.

One human rights lawyer described the conditions at the Cabinda civil jail, where three of his constituents are in pretrial detention, as terrible. He said prisoners had no potable water for drinking or bathing; prisoners defecated in the same location where they ate; eight inmates shared a single cell, and others were obliged to sleep in the corridors. There was no social distancing to prevent the spread of COVID-19.

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 by impeding their ability to enter 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. 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. Members of the National Assembly conducted independent visits to prisons. On February 27, parliamentarians visited the Peu-Peu jail in Cunene province.

Improvements: Following the “state of emergency” for COVID-19 that took effect on March 27, the PGR released approximately 1,000 detainees held in pretrial detention who did not present a danger to the community. The PGR said the release was conducted to improve prison conditions that had deteriorated due to the overcrowding of inmates in the prison system.

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.

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, prosecutors must inform detainees of the legal basis for their detention within 48 hours. NGO sources reported authorities often did not respect the law. If prosecutors are unable to determine whether there is a legal basis for the detention within 48 hours, prosecutors have the authority to release the person from detention. Depending on the seriousness of the case, prosecutors may require the detained person to submit to one or more pretrial procedures prescribed by law, such as posting bail, periodic appearance before authorities, or house arrest.

If prosecutors determine a legal basis exists for the detention, a detained 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.

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.

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.

On March 27, prison authorities suspended all visits to detainees and inmates due to the “state of emergency” for COVID-19. Prison officials allowed lawyers to visit clients and allowed relatives to receive information about family members in custody. The suspension of visits continued through May 25 when the subsequent “state of calamity” entered into force. Presidential Decree 142/20 published on May 25 provided that visits to inmates were allowed on June 29, July 13, and July 27 for separate classes of inmates. Subsequent updates to the “state of calamity” on July 7, August 9, and September 9 did not mention visits to prisons. As of December there were no additional provisions that allowed families to visit their relatives in prison.

The wife of an inmate in the Kakila prison said that since the “state of emergency” began she could no longer visit or contact her husband and that she was only able to leave food at the front gate of the jail to be delivered to her husband. She said prisoners at Kakila jail lacked running water for more than one month.

Arbitrary Arrest: During the year there were 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. Government authorities claimed known agitators, who sought to create social instability, organized many of the public demonstrations.

On August 5, in the Dande municipality of Bengo province, police arrested four activists (Domingos Periquito, Domingos Jaime, Gomes Hata, and Manuel Lima) who attempted to organize a protest against the lack of potable water. Domingos Jaime, a rapper known as Jaime MC, was hit by a police vehicle and later taken to the hospital. Police charged the activists for failure to wear face masks, but a judge dismissed the charges. Following the dismissal, Criminal Investigation Services returned the activists to the police who filed new charges for disobedience to authorities. The activists were convicted and given a one month suspended sentence converted to a fine. The activists had no money to pay the fine and remained in police custody until they were able to collect the fine amount.

On October 24, 103 persons were arrested in Luanda during a peaceful demonstration demanding improved employment conditions and local elections. Among those detained were persons from the surrounding area who were forcibly taken into custody without having participated in the demonstration. Of the 103 persons detained, six were released before trial, 26 were acquitted, and 71 were convicted of disobedience and fined.

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 five years in pretrial detention. 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. The judicial system was effected by institutional weaknesses including political influence in the decision-making process. 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 to foster the independence of the judicial system.

There were long trial delays at the Supreme Court, in part because the court remained the only appellate court in the country. A 2015 law established another level of appellate courts to reduce delays. Two of these courts were inaugurated in Benguela and Lubango but were not operating at year’s end. Criminal courts also had a large backlog of cases that 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 community 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 of being charged through the close of all appeals.

In July the National Assembly unanimously approved a new procedural penal code to clarify the roles of each party in the judicial process, introduce rules that speed up judicial processes, and provide new procedural rules for both claimants and defendants.

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 hears cases of minors between the ages of 12 and 16 accused of committing a criminal offense. Minors older than 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

In Cabinda province authorities detained three activists of the Cabinda Independence Union on June 28 and 29. Authorities detained Mauricio Gimbi, Andre Bonzela, and Joao Mampuela and accused the men of carrying pamphlets with the slogans, “Down to arms, down to the war in Cabinda”; “Cabinda is not Angola”; and “We want to talk”. The men appeared before a government attorney on June 30 who ordered their pretrial detention. Authorities subsequently charged the men with rebellion and criminal association.

The lawyer for the men, Arao Tempo, appealed the pretrial detention. On August 21, the Provincial Court of Cabinda decided to hold Gimbi and Mampuela in pretrial detention and release Bonzela pending the payment of a substantial fine. Tempo said the fine would be an impossible sum to pay due to the poor social and economic conditions of the Cabindan people. The three activists remained in jail. On November 15, human rights lawyer and head of the pro bono organization Associacao Maos Livres, demanded their release.

Civil Judicial Procedures and Remedies

Damages for human rights abuses may be sought in provincial courts and appealed to the Supreme Court. During the year the National Assembly approved a new procedural penal code that allowed victims of human rights abuses to seek compensation from the state. The rules provide that the state must compensate victims who are illegally detained or arrested, are under excessively long pretrial detention, are not released in due time against a legal provision or a court decision, or are victim of a gross judicial error. Public agents responsible for actions that abuse human rights should in turn compensate the state.

SOS Habitat brought a lawsuit alleging that the government failed to comply with a judicial decision to compensate a victim of an unlawful killing. The NGO sued on behalf of the family of Rufino Antonio, age 14, who was killed by soldiers in August 2016 while protesting against the demolition of a neighborhood in the Zango area of Luanda province. The Luanda Military Court sentenced four soldiers to prison terms ranging between one and 18 years in prison, and ordered each soldier to pay a compensation fee to Rufino’s family of 1,000,000 kwanzas ($1,740). The family has not received the payments from the government or the convicted soldiers.

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 recognizes the right to private property and establishes that the state protects the property rights of all citizens, including of local communities, only allowing expropriation for reasons of public use. The constitution also provides that all untitled land belongs to the state, with no exceptions for pastoralists or traditional societies.

In the municipality of Quipungo in Huila province, farmers and herders of the Kakoi-Mangango community said their land was taken by the communal administrator of Cainda without notice and given to farmer Fernando Abilio Lumbamba. The local farmers tried to protest to the municipal authorities but were threatened with arrest by the communal administrator, who said the land in question belonged to the state. One local NGO wrote a letter on behalf of the local farmers to the Huila governor Luis Nunes denouncing the expropriation of the land.

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

The constitution and law prohibit the arbitrary or unlawful interference of privacy, family, home, or correspondence, 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 that 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. State media continued to be the primary source for news and generally reflected a progovernment view. Individuals were increasingly able to use private media and social media platforms to openly criticize government policies and practices.

Freedom of Speech: 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.

Freedom of Press and Media, Including Online Media: Private television, radio, and print media operated in the country, although coverage continued to be more extensive in Luanda and in provincial capitals, including Benguela, Huambo, and Lubango, than in the rest of the country.

Online media outlets increased their number of viewers. Private media criticized the government openly. In July and August following the results of an ongoing corruption investigation into the owners of two major private media groups, the state seized two major private media groups and transferred them to state control.

Several important private media outlets returned to state control after a state corruption investigation concluded that the outlets had been illegally funded with public funds through individuals with strong ties to former president Eduardo dos Santos. On July 31, the PGR’s National Service on Assets Recovery seized the Media Nova Group that owned TV Zimbo, Radio Mais, and the newspaper O Pais and returned the outlets to state control. On August 28, the Interative, Empreendimentos e Multimedia group that owned TV Palanca and Radio Global was also seized by the state. On September 4, the government announced that TV Palanca would become a specialized sports channel.

Journalists and opposition parties said the seizure of the media outlets was worrying and would limit independent journalism leading up to national elections in 2022. The government argued that the seized companies were in poor economic shape and needed to be restructured before offering the companies for sale to investors under the government’s privatization program.

Transmission licenses are granted by the minister of telecommunication, technology, and social communication. Journalists criticized the cost of licenses and said high costs impeded media pluralism and the emergence of new players. The base license to operate a television station is $1.4 million, while a radio license costs $136,000. Journalists also criticized the opacity of the process used by the government to grant transmission licenses.

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 coverage of opposition political parties’ perspectives, as well as of social problems reflecting poor governance. TPA broadcasted plenary sessions of the National Assembly live, including interventions by opposition parties. TPA also invited opposition politicians and civil society members to comment live on stories featured on nightly newscasts, but private stations were prohibited from filming parliament. Opposition parties also received less overall coverage on state media than the ruling Popular Movement for the Liberation of Angola (MPLA) party, and it was often difficult to distinguish between communications of the government and those of the ruling party.

Violence and Harassment: Journalists reported more incidents of violence or harassment compared with the previous year.

On January 23, police arrested two journalists from the Portuguese news agency Lusa near the National Assembly in Luanda. The journalists were covering a protest that demanded local elections in all municipalities of the country. Police said the protest was illegal and journalists were not allowed to cover the protest. Police detained 10 additional protesters. After their arrest the two Lusa journalists were taken to the fourth precinct police station, transferred to the second precinct police station, and then released after one hour with no further explanation. Lusa delivered a formal protest to the government after the release of the journalists.

On February 19, police assaulted two journalists from TV Palanca who were covering a protest against the inauguration of the new president of the National Electoral Commission at the National Assembly. Journalist Jose Kiabolo said five police officers beat him and his cameraman and destroyed their video camera.

During an October 24 demonstration in Luanda, six journalists were detained while covering the protest. Two journalists from TV Zimbo were released after being forced to delete all footage of the demonstration. Four journalists from Radio Essencial and Valor Economico remained in custody for more than 50 hours without any charges. Two journalists from Agence France-Press claimed they were beaten by police and were ordered to carry a special permit to cover the protest. Later that week, President Joao Lourenco criticized the arrests of the journalists and stated it was not a situation he wished to be repeated.

Censorship or Content Restrictions: The Regulatory Entity for Social Communication (ERCA) is a regulatory body comprised of 11 counselors designated by political parties represented in the parliament, the government, and journalists. ERCA aims to safeguard press freedom and lawful media activity and issues regulations and decisions on those issues. Journalists and opposition political parties criticized ERCA for being controlled by the MPLA ruling party and for issuing regulations that favored the government.

The Ethics and Credentialing Commission (ECC) is a body exclusively comprised of journalists that is authorized to license and delicense journalists. The ECC remained largely inactive due to the lack of funds allocated to ECC operations in the 2020 National Budget. In July the Ministry of Telecommunications, Technology, and Social Communication launched an office to support ECC operations and stated the credentialing of journalists would begin in October.

Journalists reported practicing self-censorship for political and financial reasons.

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.

The newspaper Novo Jornal reported that well-known singer Dog Murras, known as an open critic of the government, was hired by TV Zimbo to host a daily show on societal issues called Angola Speak Out. (Novo Jornal and TV Zimbo were owned by the same parent company.) The report said that TV Zimbo shareholders were warned before Murras’s first show that his presence could bring negative consequences to their business. TV Zimbo broke the contract with Murras and withdrew promotional videos for the show released on April 11.

On August 30, two days after the PGR’s National Service on Assets Recovery seized TV Palanca, the show Angola Urgent, which discussed societal issues, left the airwaves. On September 4, the government announced that TV Palanca would become a specialized sports channel. Following the seizure, several of the seized outlets, including TV Zimbo and Novo Jornal, continued to feature articles critical of the government.

Libel/Slander Laws: Defamation is a crime punishable by imprisonment or a fine. Unlike 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 with the right of reply.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content. There were no credible reports that the government monitored private online communications without appropriate legal oversight.

Academic Freedom and Cultural Events

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

Freedom of Peaceful Assembly

The constitution and law provide for the right of peaceful assembly, and the government sometimes 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 it 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.

Several civil rights groups challenged the 1991 law on freedom of assembly by holding unannounced protests. The groups said the law restricts the fundamental right to assembly granted by the 2010 constitution and refused to inform the authorities in advance about the time and location of protests and public assemblies.

The number of antigovernment protests increased and the government at times prohibited events based on perceived or claimed security considerations. Police and administrators did not interfere with progovernment gatherings. Politically unaffiliated groups intending to criticize the government or government leaders often encountered the presence of police who prevented them from holding their event or limited their march route. In such cases, authorities claimed the timing or venue requested was problematic or that proper authorities had not received notification.

On January 19, a protest against the inauguration of the new president of the National Electoral Commission at the National Assembly resulted in police violence and the detention of more than 30 protesters. The provincial command of the Angolan National Police said the protesters acted violently and organized an illegal protest without the proper legal procedures. Police also detained two journalists from TV Palanca.

At the Luanda October 24 protest (see section 2.a., Violence and Harassment), police also arrested 97 protesters and six journalists. A total of 71 protesters received a suspended one-month prison sentence for rioting and disobedience and 26 protesters were acquitted. All six journalists were released, and President Lourenco rebuked their arrest. The government stated the protest was unauthorized and that when police tried to disperse the protest, some protestors threw stones and erected road blocks.

Freedom of Association

The constitution and law provide for the right of association, but the government did not always respect this right. Extensive delays in the NGO registration process continued to be a problem. NGOs that had not yet received registration were allowed to operate. At times, the government arbitrarily restricted the activities of associations it considered subversive by refusing to grant permits for projects and other activities. Authorities generally permitted opposition parties to organize and hold meetings.

A 2012 law and a 2002 presidential decree regulated NGOs. Despite civil society complaints that requirements were vague, the Ministry of Justice and Human Rights actively provided information on registration requirements.

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: Document checkpoints in domestic airports and on roads throughout the country were common. Reports by local NGOs suggested that, in spite of an incremental drop in cases, some police officers continued to extort 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.

e. Status and Treatment of Internally Displaced Persons

Not Applicable.

f. Protection of Refugees

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, returning refugees, asylum seekers, stateless persons, or other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: There were reports throughout the year that Lunda Norte provincial authorities exerted pressure on irregular migrants and refugees to return to the Democratic Republic of the Congo (DRC). The government failed to provide adequate protection for asylum seekers and urban refugees in this area.

In May illegal immigrants at a Luanda migrant detention facility posted video footage to social media platforms complaining about their lengthy detention, the facility’s substandard conditions, and their heightened risk of COVID-19 infection due to the facility’s tight quarters. The footage depicted the accommodations and complained about a shortage of food, water, hygiene supplies, and face masks, which are required by Ministry of Health officials when physical distancing is not feasible.

In response, UN agencies and diplomatic missions engaged Ministry of Interior officials, who denied the detainees’ claims but did not provide access to the facility. Government officials said the detainees used the pandemic as a pretext to secure their release and broadcasted a video presentation countering the complaints with footage of spacious facilities and interviews with detainees and community leaders praising the accommodations. Subsequently, most of the detainees were released on a temporary order and were expected to be required to report to Immigration Services until their situations are resolved.

In 2018 security forces launched Operation Rescue, a nationwide law enforcement campaign to address violent crime, illegal migration, unlicensed commercial and religious activity, and road accidents. The campaign affected both legal and undocumented migrants, refugees, and stateless persons who rely on the informal markets to make a living, as job opportunities were limited and the law prohibits refugees from operating businesses. One NGO said the Operation Rescue has not ended and the problems associated with the operation continue.

Under the law authorities issued refugee cards with a five-year validity period. UN agencies advised that the refugee cards expired in July since the government never renewed the cards. The Minister of Interior told UN officials that the government would begin to fully implement the law when COVID-19 restrictions are lifted.

Access to Asylum: The law provides for the granting of asylum or refugee status but the government has not fully implemented the law. The 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, however, reported that asylum seekers and urban refugees did not have a mechanism to apply for or resolve their status. A 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. The government had not put into practice an alternative mechanism to adjudicate asylum and refugee cases in the committee’s place. The law also authorized the creation of reception centers for refugees and asylum seekers where they were to receive assistance until the government makes a decision on their cases, but the government had not yet established these centers.

Freedom of Movement: UNHCR, NGOs, and refugees reported restrictions on freedom of movement in Lunda Norte Province. Police arbitrarily arrested or detained refugees and confiscated or destroyed their registration documents during periodic roundups, particularly in Dundo, the provincial capital. Refugees also reported periodic restrictions on freedom of movement from their resettlement site in Lovua, Lunda Norte province, and cited such restrictions as a factor motivating them to return to the DRC.

Employment: Formal restrictions on a refugee’s ability to seek employment existed. Regulation 273/13 restricted refugees from obtaining the business license required to own and operate a business. Refugees often faced difficulty obtaining employment due to their inability to obtain legal documents required to work in the formal sector. Refugees reported a general lack of acceptance of the refugee card and lack of knowledge concerning the rights it was intended to safeguard. Authorities continued to harass asylum seekers and refugees working in the informal market.

Access to Basic Services: Persons with recognized refugee status could at times obtain public services. The government has not implemented key elements of the 2015 asylum law, which included refugee and asylum seekers’ access to basic services and issuance of documents, including new or renewed refugee cards and birth certificates for refugees’ children born in the country. 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.

Durable Solutions: In January and February the government cooperated with UNHCR and supported an organized voluntary repatriation of 2,912 refugees from Lunda Norte to the DRC. UNHCR estimated that 6,381 refugees remained at its Lovua, Lunda Norte, resettlement camp.

g. Stateless Persons

There is no study or census related to the number of stateless persons in the country. The government estimated that there are more than 12 million unregistered citizens in the country. Children of undocumented foreign parents born in the country may fall into a stateless status if the parents are unable to register them.

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 2017 the government held presidential and legislative elections, which the ruling MPLA won with 61 percent of the vote and the country inaugurated MPLA party candidate Joao Lourenco as its third president since independence. The MPLA retained its 68 percent supermajority in the National Assembly in the 2017 elections; however, opposition parties increased their representation by winning 32 percent of parliamentary seats, up from 20 percent in the 2012 elections.

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 about 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 central government appoints provincial governors. The constitution does not specify a timeline for implementing municipal-level elections. In 2018 the administration of President Lourenco promised municipal-level elections would take place by 2022. The government declared municipal elections would not take place in 2020 because the government had not completed the electoral laws needed to prepare for the elections. The government also stated that COVID-19 had hindered the preparations needed to implement municipal elections. Opposition parties and civil society criticized the government for failing to provide a prospective date when municipal elections were expected to occur.

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 68 percent supermajority in the National Assembly in the 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 the Broad Convergence for the Salvation of Angola Electoral Coalition (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.

On August 27, the Constitutional Court denied the request by CASA-CE founder Abel Chivukuvuku to form the Angolan Renaissance Party. Chivukuvuku accused the ruling MPLA party of repression and political interference in the court’s decision.

Participation of Women and Members of Minority Groups: No laws limit the participation of women and members of minority groups in the political process, and they did participate. Of the 220 deputies in the national assembly, 65 or 30 percent were women, up from 27 percent for the last three years. Four of 18, or 22 percent, of provincial governors were women which is double the number from both 2018 and 2019, and seven of 21, or 33 percent, of cabinet ministers were women, down from 37.5 percent in 2018 and 2019. 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

On January 27, a new law on prevention and combatting of money laundering, financing of terrorism and proliferation of weapons of mass destruction was published. A new penal code was also published on November 11 directly regulating modern financial crimes and increasing penalties for corrupt officials, and will go into effect 90 days after the publication.

President Lourenco dismissed cabinet ministers, provincial governors, senior military officers, and other high-level government officials due to alleged corrupt practices. The PGR launched significantly more corruption investigations and brought criminal charges against several officials. Nonetheless, official impunity and the uniform application of anticorruption legislation remained a serious problem.

In August President Lourenco requested that the National Assembly review the new penal code to ensure it adequately penalizes corrupt activities. In a letter sent to the president of the National Assembly, Lourenco wrote that the penal code “may not be aligned with the current vision and pass a wrong message concerning crimes committed in the exercise of public functions.” Lourenco said he was concerned the new penal code could establish lower penalties for economic crimes, influence peddling, and public sector corruption.

Corruption: Government corruption at all levels was widespread, but accountability improved due to increased focus on developing better checks and balances and institutional capacity. In August the criminal chamber of the Supreme Court convicted Valter Filipe, the former governor of the National Bank of Angola, Jose Filomeno dos Santos (“Zenu”), the former chairman of Angola’s Sovereign Wealth Fund and son of former president Jose Eduardo Dos Santos, and two other partners of influence peddling, money laundering, and fraud. The court gave them sentences ranging from five to eight years in prison. Zenu and his codefendants transferred $500 million from the National Bank of Angola to a private bank account in the United Kingdom. All the defendants’ appeals to the plenary of the Supreme Court were denied.

In December 2019 the Luanda Provincial Court preemptively froze all in-country accounts and several assets owned by former first daughter Isabel dos Santos, her husband Sindika Dokolo, and businessman Mario Leite da Silva on suspicion that the assets, amounting to more than $1 billion, originated from state funds obtained unlawfully. Isabel dos Santos considered the seizure order to be “politically motivated” and said she would use “all the instruments of Angolan and international laws” to fight the order. To date she remains in exile and subsequently demonstrated willingness to negotiate with the Angolan government, something that President Lourenco denied would be an option.

The government commenced legal proceedings against Isabel dos Santos and her associates that aim to recover more than $1 billion in allegedly misappropriated state assets. In December 2019 the Luanda provincial court preemptively froze assets belonging to Isabel and her associates at Unitel, the country’s largest mobile-phone company, and in Banco de Fomento Angola (BFA), one of the largest private banks. In May the government filed criminal charges against Isabel dos Santos on suspicion of embezzlement of state funds while she was head of state-owned oil company Sonangol.

In July the PGR, through its National Service on Assets Recovery, seized three private commercial buildings in Luanda built with funds from state-owned oil company Sonangol. The PGR said the buildings belonged to the Riverstone Oaks Corporation, which is controlled by former vice president and president of Sonangol, Manuel Vicente, and the former director of Sonangol Real Estate and Properties, Orlando Veloso.

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, magistrates and public prosecutors as well as managers of public companies to declare their assets held domestically and abroad to the attorney general. The president and vice president were the first to submit their declarations in 2018. Asset declarations are only disclosed for criminal, disciplinary, and administrative purposes and require a judicial warrant.

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. 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 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 Abuses of Human Rights

A variety of domestic and international human rights groups operated throughout the country. Some groups investigating government corruption and human rights abuses alleged government interference in their activities particularly in provinces outside of Luanda. Civil society organizations faced fewer difficulties in contacting detainees than in previous years, and prison authorities permitted 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.

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 subjected 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 included representatives from various government ministries. Leading civil society members decided not to participate on the commission because they did not believe the Commission 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, with a national jurisdiction, existed to mediate between an aggrieved public, including prisoners, and an offending public office or institution. The office had representative offices open in the provinces of Cabinda, Kwanza-Sul, Cunene, Huambo, and Luanda, and had neither decision-making nor adjudicative powers, but helped citizens obtain access to justice, advised government entities on citizen rights, and published reports. These reports are presented annually to the National Assembly. The ombudsman is elected by the majority of the members of the National Assembly.

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

Women

Rape and Domestic Violence: Rape, including spousal rape and intimate partner 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.

The government reported that cases of domestic violence increased during the period of confinement due to COVID-19. According to a Ministry of Social Action, Family and Promotion of Women (MASFAMU) report between March and May, 567 cases of domestic violence were reported in the second trimester of 2020 versus 444 reported cases in the first trimester. The NGO Gender Observatory started a campaign called “Quarantine without Violence” and urged the National Police to create a hotline for cases of domestic violence. In May MASFAMU launched a partnership with the UN to support a crisis hotline to help victims of gender-based violence.

Other Harmful Traditional Practices: There were anecdotal reports that some communities abused women and children due to accusations the latter 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.

Reproductive Rights: Couples and individuals have the right to freely decide the number, spacing, and timing of their children, free from discrimination, coercion, or violence. Persons living in rural areas faced more barriers to access of sexual and reproductive health services than urban dwellers due to a lack of resources and health programs in those areas. According to 2015-16 World Health Organization (WHO) data, 62 percent of women between the ages of 15 and 49 made their own informed decisions regarding reproductive health care, contraceptive use, and sexual relations. Some cultural views, such as the view that women have a responsibility to have children, and religious objections to using contraception, limited access to reproductive health services. According to the UN Population Fund, the country has favorable laws relating to contraceptive services and access to emergency contraception with no restrictions. The WHO reported there were four nursing and midwifery personnel per 10,000 inhabitants in the country (2010-2018 data). For survivors of sexual violence, the law on domestic violence provides for legal and medical assistance, access to shelter spaces, and priority care assistance to obtain legal evidence of the crime. A specific department of the Angolan National Police investigates crimes against women and children.

According to a 2017 WHO report, the country’s maternal mortality rate was 241 deaths per 100,000 live births, which was a significant reduction from 431 deaths in 2007 and 827 deaths in 2000. High maternal mortality was due to inadequate access to health facilities before, during, and after giving birth, a lack of skilled obstetric care, and early pregnancy. The WHO data reported a high adolescent birth rate of 163 births per 1,000 women between the ages of 15 and 19. According to 2010-19 data, 30 percent of women of reproductive age had their need for family planning satisfied with modern methods. No known instances of female genital mutilation have been reported in the country in recent years. UNICEF reported in 2016 that 50 percent of births in the country were attended by skilled health personnel.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. During the year the Angolan branch of Universal Church of the Kingdom of God (IURD) had a public split with the church’s Brazilian leadership. On June 23, a group of Angolan IURD pastors took control over some of the 230 IURD temples in the country after accusing the Brazilian leadership of racism and harassment, including forced vasectomies of Angolan IURD pastors or mandatory abortions if an IURD pastor’s wife became pregnant. Both groups pressed charges against each other, which led to the closure and seizure of at least seven temples in Angola by the attorney general’s office on charges of money laundering. At year’s end, criminal investigations continued.

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 effect 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. There were legal restrictions on women’s employment in occupations and industries compared to men, including in jobs deemed hazardous, factory jobs, and those in the mining, agriculture, and energy sectors. The Ministry of Social Assistance, Family, and Promotion of Women led an interministerial 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. According to the 2014 census, approximately 13.7 million citizens (46 percent of the population) lacked birth registration documents. During the year the government continued programs to improve the rate of birth registration through on-site registries located in maternity hospitals in all 18 provinces with a campaign called “Born with Registration.” The government also trained midwives in rural areas to complete temporary registration documents for subsequent conversion into official birth certificates. The government permitted children to attend school without birth registration, but only through the sixth grade. The government implemented a mass registration process to issue identification (ID) cards with the goal of providing government-issued IDs to all citizens by the end of 2022.

Education: Education is tuition free and compulsory for documented children through the ninth grade. Students in public schools often faced significant additional expenses such as books or irregular fees paid directly to education officials in order to guarantee a spot. When parents were unable to pay the fees, their children were often unable to attend school. The Ministry of Education estimated that one to two million children did not attend school, because of a shortage of teachers and schools. Due to the “state of emergency” that went into effect on March 27, the government closed schools as a preventive measure against the spread of COVID-19, and provided some classes as television programs. The government began to reopen schools in October.

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 due to lack of capacity within institutions to provide appropriate care. The Ministry of Social Affairs, Family and Promotion of Women offers programs for child abuse victims and other vulnerable children. Nevertheless, nationwide implementation of such programs remained a problem.

In June the government launched a hotline called “SOS Child” to report violence against children. In fewer than two weeks, government officials stated the hotline received 19,753 calls relating cases of violence against children.

Child, 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 among lower income groups coincided with the onset of puberty. According to UNICEF, 6 percent of men between the ages of 20 and 24 were married or in union before the age of 18, 30 percent of women between the ages of 20 and 24 were married or in union by the age of 18, and 7 percent of women between the age of 20 and 24 were married or in union by the age of 15.

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 the commercial sexual exploitation of children, which remained a problem. The law prohibits the use of children for the production of pornography; however, it does not prohibit the procuring or offering of a child for the production of pornography, or the use, procuring, or offering of a child for pornographic performances.

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 https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.

Anti-Semitism

There is a Jewish community of approximately 350 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 https://www.state.gov/trafficking-in-persons-report/.

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.

The law requires changes to public buildings, transportation, and communications to increase accessibility for persons with disabilities. The law also institutes a quota system to encourage the public and private sectors to employ more persons with disabilities, with the public sector quota at 4 percent of total employees and the private sector set at 2 percent. Civil society organizations and persons with disabilities, however, reported the government failed to enforce the law, and significant barriers to access remained.

The government official responsible for overseeing programs to promote inclusion for persons with disabilities acknowledged that both the private and public sectors fail to meet the quota system established by law. ANDA, an NGO that promotes the rights of persons with disabilities, said in a March interview that discrimination, physical, and psychological barriers impede persons with disabilities from having access to work, education, and public transportation.

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.

Indigenous People

The constitution does not specifically refer to the rights of indigenous persons, and no specific law protects their rights and ecosystems. One NGO estimated that 14,000 members of the San indigenous group scattered among the southern provinces of Huila, Cunene, Kuando Kubango, and Moxico suffered discrimination and lacked adequate access to basic government services, including medical care, education, and identification cards.

Acts of Violence, Criminalization, 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. The new penal code decriminalizes same-sex sexual relations and makes it illegal to discriminate based on sexual orientation.

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.

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 living with HIV. There were no news reports of violence against persons living with HIV. Reports from local and international health NGOs suggested discrimination against persons living with HIV 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, police, firefighters, members of sovereign bodies, and public prosecutors 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. 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. The law does not explicitly prohibit employer interference with union activity.

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 negotiate with their employer for at least 20 days prior to a work stoppage. 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. Collective labor disputes are to be settled through compulsory arbitration by the Ministry of Public Administration, Labor and Social Security. The law prohibits employer retribution against strikers, but 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, Labor and Social Security had a hotline and two service centers in Luanda for workers who believed their rights had been violated. By law employers are required to reinstate workers who have been dismissed for union activities.

During the year there were several strikes in the public and private sector over disputes between employers and workers. There were also allegations of retribution against strikers during the year.

In June, three taxi unions agreed to strike and refused to circulate in the municipality of Cacuaco in Luanda province citing lack of designated stopping areas and poor road maintenance. The governor of Luanda, Joana Lina, demanded that the strike be lifted and gave the unions four days to resolve the situation.

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 law and labor contracts, which are commensurate with those for other laws involving denials of civil rights, 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. Labor unions, independent of those run by the government, worked to increase their influence, but the ruling MPLA party 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, Labor and Social Security mandated government worker wages with no negotiation with the unions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor and sets penalties commensurate with those for other analogous serious crimes. The government did not effectively enforce the law due in part to an insufficient number of inspectors and to systemic corruption.

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. Forced child labor occurred (see section 7.c).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits children younger than 14 from working. To obtain an employment contract, the law requires youth to submit evidence they are 14 or older. Children can work from age 14 to age 16 with parental permission, or without parental consent if they are married, and the work does 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, Labor 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.

The Ministry of Public Administration, Labor and Social Security continued to implement its National Action Plan for the Eradication of Child Labor for 2018-22, which aims to identify the most prevalent areas and types of child labor and to strengthen coordination of child labor investigations, prosecutions, and the imposition of criminal penalties. The government did not effectively monitor the large informal sector, where most child labor occurred.

Penalties were commensurate with those for other analogous serious crimes. The government did not consistently enforce the law, and child labor, especially in the informal sector, remained a problem. Through March, INAC registered 573 cases of hazardous child labor on farms involving the handling of chemicals, stones, and bricks and reported the cases to law enforcement. 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.

Child labor occurred in agriculture on family and commercial farms as well as in fishing, brick making, artisanal diamond mining, charcoal production, domestic labor, construction, 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 work 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. 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 (see section 6).

The incidence of child labor increased in the southern provinces due to a severe drought. In Cunene province, children were forced to leave school and to work as herders or to dig wells and fetch water. The drought and the accompanying economic devastation increased the risk of exploitation of vulnerable persons in the province; one NGO in Cunene said the drought led many boys to seek work in urban areas and led girls to engage in prostitution.

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 https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings  and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

The 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 International Labor Organization noted the law did not clearly define discrimination, however. The constitution prohibits all forms of discrimination, although it does not specifically address HIV/AIDS status, sexual orientation, or gender identity (see section 6). The law provides for equal pay for equal work, but gender pay disparities in the country still exist. There were legal restrictions on women’s employment in occupations considered dangerous, in factories, and in industries such as mining, agriculture, and energy. Women held ministerial posts.

The government did not effectively enforce the law, although penalties, when applied, were commensurate with those for other laws related to civil rights. There were no known prosecutions of official or private-sector gender-based discrimination in employment or occupation. 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. In the past, there have also been complaints of discrimination against foreign workers. There were no known prosecutions for discrimination in employment. Penalties were not sufficient to deter violations.

e. Acceptable Conditions of Work

A minimum wage for the formal sector exists and varies by sector. The UN Committee on Economic, Social and Cultural Rights raised concerns about the wide disparities of minimum wage by sector and the possibility this may undervalue work in female-dominated sectors. The lowest minimum wage was for agricultural work and was set below the UN Development Program’s official line of poverty. 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 bonus amounting to 50 percent of monthly salary to employees each year in December and an annual vacation. The law did not cover domestic workers, but a 2016 presidential decree extended some protections and enforcement standards to domestic workers. Workweek standards were not enforced unless employees filed a formal complaint with the Ministry of Public Administration, Labor and Social Security. The 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, and penalties were commensurate with those for similar infractions. 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.

The Ministry of Public Administration, Labor and Social Security is charged with implementing and enforcing the law. An insufficient number of adequately trained labor inspectors hampered enforcement efforts. Inspectors have the authority to conduct unannounced inspections and initiate sanctions but some companies received advance warning of impending labor inspections.

Occupational safety and health standards are required for all sectors of the economy. Employees have the right to remove themselves from hazardous working conditions without jeopardy to their employment. The government did not always proactively enforce occupational safety and health standards nor investigate private company operations unless complaints were made by NGOs and labor unions. Inspections were reduced due to the COVID-19 pandemic. In 2019 there were 241 major industrial accidents that caused the death or serious injury of workers.

Antigua and Barbuda

Executive Summary

Antigua and Barbuda is a multiparty parliamentary democracy. The prime minister is the head of government and Queen Elizabeth II is the head of state, represented by a governor general. The ruling Antigua and Barbuda Labour Party won a majority of seats in 2018 parliamentary elections that were deemed free and fair.

Security forces consist of the Royal Police Force of Antigua and Barbuda, the prison guard service, immigration officers, airport and port security personnel, the Antigua and Barbuda Defense Force, and the Office of National Drug and Money Laundering Control Policy. National security, including police and prison guards, falls under the supervision of the attorney general, who is also the minister of legal affairs, public safety, and labor. Immigration falls under the minister of foreign affairs, international trade, and immigration. The Ministry of Finance is responsible for money-laundering policy. Civilian authorities maintained effective control over the security forces. There were no reports that members of the security forces committed abuses.

Significant human rights issues included: serious acts of official corruption and existence of laws criminalizing consensual same-sex sexual conduct between men, although the laws were not enforced.

The government took steps to identify, investigate, prosecute, and punish those who committed human rights abuses. There were no reports of impunity involving the security forces during the year.

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 constitution prohibits such practices, and there were no reports that government officials employed them. Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

Prison and detention center conditions were harsh due to inadequate sanitary conditions and overcrowding.

Physical Conditions: The country’s sole prison was built in 1735 to hold 150 prisoners but as of August held 269. According to a nongovernmental organization (NGO) representative, overcrowding created serious COVID-19 infection risks for the prisoners and staff. The government did not provide information regarding numbers of COVID-19 infections in the prison.

One mistreatment report was submitted stating that prison guards beat a former police officer convicted of bribery. An investigation was underway at year’s end.

Administration: The Superintendent of Prisons reviewed mistreatment reports and forwarded them to a Prison Visiting Committee for further investigation.

Independent Monitoring: The government permitted prison visits by independent human rights observers, but no visits occurred during the year.

Improvements: The government reported that the kitchen and chapel were demolished and a temporary kitchen was installed.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge his or her arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The law permits police to arrest a person without a warrant, based on a suspicion of criminal activity. Police must bring detainees before a court within 48 hours of arrest or detention, or file a motion requesting an extension. The law stipulates prisoners must be released if these time limits are not met. There is a functioning bail system, but a person charged with murder cannot obtain bail. The government pays for the cost of a lawyer if a defendant is unable to afford one.

Pretrial Detention: Some prisoners on remand remained in detention for up to four years before their cases came to trial, according to the director of the Office of Public Prosecutions in 2019. The government stated there was no case backlog, but anecdotal media reports indicated the backlog remained a serious problem.

e. Denial of Fair Public Trial

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

Trial Procedures

The constitution provides for the right to a fair and public trial by jury, and an independent judiciary generally enforced this right.

Defendants have the right to a presumption of innocence. Defendants have the right to be informed promptly of the charges, the right to a timely trial, and to be present at their trial. Defendants have the right to timely access to an attorney of their choice. The government provides legal assistance at public expense to persons without the means to retain a private attorney, but only in capital cases. Defendants have adequate time and facilities to prepare a defense, and free assistance of an interpreter if needed. They have the right to confront prosecution or plaintiff witnesses and to present their own witnesses and evidence. Defendants may not be compelled to testify or confess guilt. Defendants have the right to appeal.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Individuals and organizations may seek civil remedies through domestic courts for human rights violations. They may apply to the High Court for redress of alleged violations of their constitutional rights. They may appeal adverse domestic decisions to the Eastern Caribbean Supreme Court.

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

The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press, on a somewhat limited basis.

Freedom of Press and Media, Including Online Media: There were no privately owned print media. There were claims that the government was hostile to independent broadcast media outlets and did not provide them equal access to government officials. Observers claimed that the government and the prime minister in particular owned media outlets that were used exclusively to disseminate government information. Prime Minister Browne claimed that although he was the founder of Pointe FM radio, he was no longer a shareholder; however, he did not reveal the ownership. Senior government officials routinely refused to grant interviews to media outlets that were critical of the ruling party and instead used government media exclusively.

Internet Freedom

The government did not 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 authority.

Academic Freedom and Cultural Events

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

b. Freedoms of Peaceful Assembly and Association

The constitution 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 https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

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

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees, the International Organization for Migration, and other humanitarian organizations in assisting refugees and asylum seekers.

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The government handles asylum requests on an ad hoc basis.

g. Stateless Persons

Not applicable.

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 2018 elections the Antigua and Barbuda Labour Party won 15 of 17 seats in the House of Representatives, and Gaston Browne was subsequently named prime minister. The Caribbean Community Observation Mission and a Commonwealth Observer Group monitored the election. In their initial report, monitors noted the electoral boundaries had seen only minor adjustments since 1984, leading to large disparities in voter populations in different electoral districts. The monitors stated that despite problems with the electoral process, the results “reflected the will of the people.” As of November 2019, the final election report had not been released.

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

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. Media reported several allegations of corruption against officials during the year. Officials sometimes engaged in corrupt practices with impunity.

Corruption: Media and private citizens reported government corruption was widespread and endorsed at the highest levels of government. In September, Prime Minister Browne and a prominent member of his political party traded public and specific accusations of corruption in government procurement and other areas that neither person refuted. The Citizenship by Investment Program was a critical source of government revenue, but its lack of transparency fueled citizen concerns concerning oversight and corruption.

Financial Disclosure: The law requires elected public officials to disclose all income, assets, and personal gifts received in the course of their public functions to the Integrity Commission. The disclosures are confidential. The commission has the power to investigate public officials without a formal complaint being filed.

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

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

Government Human Rights Bodies: An independent ombudsman appointed by parliament handles public complaints against police, government officials, and government offices. The ombudsman takes complaints, conducts investigations, and then makes recommendations to the relevant authorities.

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

Women

Rape and Domestic Violence: The law establishes sentences ranging from 10 years’ to life imprisonment for conviction of the rape of women. The law also addresses rape of men and establishes sentences of five years’ to life imprisonment if convicted. Spousal rape is illegal under certain limited circumstances, such as after a legal separation, with a punishment of 15 years’ imprisonment if convicted.

Violence against women, including spousal abuse, continued to be a serious problem. The law prohibits and has penalties for conviction of domestic violence, but according to a local NGO representative, police failed to carry out their obligations on domestic violence under the law.

Authorities stated they had several domestic-violence programs, including training for law enforcement officers, health-care professionals, counselors, social workers, immigration officers, and army officers.

An NGO representative stated the government’s Directorate of Gender Affairs and the Family Social Services Division offered limited programs and resources to help victims of gender-based violence. According to the representative, government efforts to combat gender-based violence and rape were ineffective.

Sexual Harassment: The law defines harassment as a crime and establishes a five-year maximum prison sentence for conviction. The government stated it investigates formal complaints when they are filed; however, the Ministry of Labor reported it did not receive any reports of sexual harassment during the year. An NGO representative reported that sexual harassment in the workplace was a problem.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children, and had access to the information and means to do so, free from discrimination, coercion, or violence. The law criminalizes abortion except to save the life of the mother.

There were no legal or social barriers to accessing contraception, but some religious beliefs and cultural barriers limited its usage.

No government policies or legal, social, or cultural barriers adversely affected access to skilled health attendance during pregnancy and childbirth.

The government provided access to sexual and reproductive health services for survivors of sexual violence through the Ministry of Social Transformation and the Blue Economy. Within that ministry, various divisions (i.e., Social Welfare, Gender Affairs, and Social Improvement) worked together to assist victims of sexual and gender-based violence.

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

Discrimination: The law provides the same legal status and rights for women and men. Legislation requires equal pay for equal work; however, women often received less pay for equal work. The labor code stipulates it is unlawful for an employer to discriminate against an individual because of his or her gender. The Ministry of Labor reported that it was investigating two cases of employment discrimination filed during the year.

Children

Birth Registration: Citizenship is acquired by birth in the country, and the government registers all children at birth. Children born abroad to citizen parents can be registered by either parent.

Child Abuse: The law on child abuse includes provisions on childcare services and orders of care placing abused children into the care of government authorities. The law stipulates a significant fine or three years in prison for conviction of child abuse. In extreme cases the government removes children from their homes and puts them in foster care or into a government-run or private children’s home.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18 for both men and women. Persons ages 16 to 18 may marry with parental consent; however, marriage when either partner was younger than 18 was rare.

Sexual Exploitation of Children: Child pornography is illegal and subject to large fines and up to 20 years in prison. The minimum age for consensual sex is 16.

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

Anti-Semitism

The 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 https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law prohibits any form of discrimination based on disability and stipulates a moderate fine or two years’ imprisonment for conviction of violations. A local NGO representative reported that the law was not effectively enforced. The NGO representative reported that some progress was made in specific areas such as vocational training for persons with disabilities. Public areas, including government buildings, often lacked wheelchair accessibility. Persons with disabilities faced social stigma.

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

There were no reports of public violence committed against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons due to their actual or perceived sexual orientation.

Consensual same-sex sexual conduct between men is illegal under indecency statutes; however, the law was not strictly enforced. Conviction of consensual same-sex sexual conduct between men carries a maximum penalty of 15 years’ imprisonment. No law specifically prohibits discrimination against LGBTI persons.

HIV and AIDS Social Stigma

Although the government denied it, an NGO representative reported that fear, stigma, and discrimination impaired the willingness of some persons with HIV to obtain treatment. Persons with HIV reported several incidents of discrimination from health-care professionals and police. Anecdotal evidence suggested employers dismissed and discriminated against employees with HIV or AIDS.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of public-sector and private-sector workers to form and join independent unions. The law also provides for the right to bargain collectively and conduct legal strikes, but it imposes several restrictions on the right to strike. The law prohibits antiunion discrimination by employers, but it does not specifically require reinstatement of workers illegally fired for union activity.

Freedom of association and the right to collective bargaining were generally respected. There were no reports of antiunion discrimination, nor were there any reports of violations of collective bargaining rights.

Workers who provide essential services (including water, electricity, hospital, fire, prison, air traffic control, meteorology, telecommunications, government printing office, and port authority) must give two weeks’ notice of intent to strike. If either party to a dispute requests court mediation, strikes are prohibited under penalty of imprisonment for any private-sector worker and some government workers. The Industrial Relations Court may issue an injunction against a legal strike when the national interest is threatened or affected. The law prohibits retaliation against strikers.

Penalties for violating labor laws range from a minor fine to two months in prison and were adequate to deter violations. Government enforced the right of association and collective bargaining. Administrative and judicial procedures, however, were often subject to lengthy delays and appeals.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government effectively enforced the law when specific complaints were filed. The Office of National Drug and Money Laundering Control Policy investigates cases of trafficking in persons, including forced labor allegations. The law prescribes penalties of 20 to 30 years’ imprisonment and significant fines. Forced labor occurred in domestic service and the retail sector, particularly in family-owned businesses.

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

c. Prohibition of Child Labor and Minimum Age for Employment

Laws contain definitions that collectively prohibit the worst forms of child labor, but specific details are not in any single statute. The government enforced child labor laws effectively, and there were no reports of child labor law violations during the year.

The law stipulates a minimum working age of 16, although work prohibitions do not apply to family businesses. In some circumstances children younger than 16 are eligible for employment with restrictions, such as not working during school hours and working a maximum number of hours. Persons younger than 18 may not work past 10 p.m., except in certain sectors, and in some cases must have a medical clearance to obtain employment. No list of hazardous work exists for the protection of those younger than 18.

The law requires the Ministry of Labor to conduct periodic inspections of workplaces. There were no reports of illegal child labor; however, there were no child labor inspections. The law allows for a small financial penalty or three months in prison for violations, which were adequate to deter violations.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation regarding race, skin color, sex, age, national origin, citizenship, political beliefs, and disability. Penalties include a fine and up to 12 months in prison. A local NGO representative reported that discrimination occurred in the workplace, without citing specific cases. The Ministry of Labor did not receive any discrimination complaints during the year.

The law does not prohibit employment discrimination based on religion, language, sexual orientation, gender identity, HIV or other communicable disease status, or social status, but the government encouraged employers not to discriminate on these grounds.

e. Acceptable Conditions of Work

The government does not have an established poverty income level. Most workers earned substantially more than the minimum wage.

The law provides that workers are not required to work more than a 48-hour, six-day workweek. The law requires that employees be paid for overtime work at one and one-half times the employees’ basic hourly wage after exceeding 40 hours in the workweek. The Ministry of Labor put few limitations on overtime, allowing it in temporary or occasional cases, but did not allow employers to make regular overtime compulsory.

The law includes occupational safety and health (OSH) provisions. The Ministry of Labor reported that workers are allowed to remove themselves from unsafe situations that endanger their health or safety without jeopardizing their employment. The ministry has the authority to require special safety measures, not otherwise defined in the law, for worker safety. An NGO reported that while the government generally enforced most elements of the labor law, OSH enforcement was less effective. Penalties for violations of OSH laws were not always commensurate with those for similar crimes such as negligence.

Labor inspectors from the Ministry of Labor and the Industrial Court are responsible for enforcement of labor laws in the formal and informal sectors. The government reported there were eight labor inspectors, which was insufficient to enforce full compliance. The government enforced labor laws, including levying remedies and modest fines for nonpayment of wages. Penalties for illegal overtime did not always effectively deter labor violations.

An NGO representative reported that workers in a local distillery were transporting hazardous liquids without adequate protective gear. An electric utility worker was electrocuted while working on a utility pole.

Argentina

Executive Summary

Argentina is a federal constitutional republic. In October 2019 Alberto Fernandez was elected president in elections that local and international observers considered generally free and fair. On the same day, the country also held municipal, provincial, and federal elections. Voters elected governors in 22 of the 24 provinces and one-half of the members of the Chamber of Deputies, representing all of the provinces and the autonomous city of Buenos Aires, and one-third of the members of the Senate, representing eight provinces.

Federal, provincial, and municipal police forces share responsibility for law enforcement and maintenance of law and order. All federal police forces report to the Ministry of Security, while provincial and municipal forces report to a ministry or secretariat within their jurisdiction. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included: unlawful and arbitrary killings and torture by federal and provincial police; harsh and life-threatening prison conditions; significant problems with the independence of the judiciary; serious acts of corruption; violence motivated by anti-Semitism; and forced labor despite government efforts to combat it.

Judicial authorities indicted and prosecuted a number of sitting and former government officials who committed human rights abuses during the year, as well as officials who committed dictatorship-era (1976-83) crimes.

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.

On August 6, provincial police shot and killed 17-year-old Valentino Blas Correas when the driver of the vehicle he was riding in attempted to evade a police checkpoint in the city of Cordoba. Authorities arrested one officer, Javier Catriel Almiron, on charges of qualified homicide and attempted murder, as ballistics tied the fatal bullet to his service weapon.

In March prosecutors confirmed they would pursue charges of “unintentional homicide” against city of Buenos Aires police officer Esteban Armando Ramirez in the death of Jorge Martin Gomez. Closed-circuit cameras captured Ramirez kicking Gomez in the chest during an August 2019 arrest. As a result of the kick, Gomez fell, fractured his skull, and subsequently died. Local media reported the officers involved attempted to cover up their actions. Ramirez claimed he had no intent to kill Gomez, but the victim’s attorneys asked for an increased charge of aggravated homicide, which would carry a potential life sentence as opposed to the one-to-three years’ imprisonment that Ramirez faced for the original charge. As of November proceedings were underway.

The Committee against Torture of the Buenos Aires Provincial Memory Commission reported 134 deaths in 2019 due to unwarranted or excessive force by police in the metropolitan area of Buenos Aires. A domestic nongovernmental organization (NGO) reported there were 401 deaths in 2019 at the hands of police forces. Both organizations asserted that investigations into police violence and the use of lethal force in the province were limited.

Media reported a rise in homicides in Santa Fe Province during the year, with 330 reported through October, compared with 279 during the same period in 2019. Along with the press, NGOs including Insight Crime attributed the high homicide rate to drug trafficking and organized crime. In September Security Minister Sabina Frederic announced she would send 50 federal agents to support local police. Provincial authorities, however, criticized the move as insufficient and requested greater coordination and assistance with federal authorities.

b. Disappearance

There were reports of disappearances by or on behalf of security forces during the year.

Facundo Astudillo Castro disappeared on April 30 while hitchhiking approximately 75 miles from his home to Bahia Blanca, province of Buenos Aires, shortly after police arrested him for violating the COVID-19 quarantine. Authorities recovered Astudillo’s body in a canal four months later, on August 30, and an autopsy by an internationally respected team of forensic anthropologists could not rule out homicide. Prosecutors told local media that provincial police officers were their primary suspects, but as of November 18, they had yet to charge any officers. On July 10, the UN Committee against Forced Disappearance demanded that authorities undertake an immediate and exhaustive investigation. On October 30, Astudillo’s mother decried the slow pace of the investigation and called for the investigative judge leading the case, Maria Gabriel Marron, to recuse herself.

Authorities continued to investigate and prosecute individuals implicated in disappearances, killings, and torture committed during the 1976-83 military dictatorship and the 1974-76 government of Isabel Peron. During the year courts heard testimony by videoconference in two “megacases”–one for dictatorship-era crimes in San Juan Province and another for those at the Campo de Mayo facility near Buenos Aires. Thirty-five individuals faced charges in San Juan and 22 in the Campo de Mayo case.

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

The law prohibits such practices and provides penalties for torture similar to those for homicide, but there were reports that police and prison officials tortured prisoners. The Prosecutor General’s Office, the Prison Ombudsman’s National Office (PPN), an independent government body that monitors prison conditions, and the Buenos Aires Provincial Memory Commission’s Committee against Torture (CPM), an autonomous office established by the provincial government, reported complaints of torture perpetrated by provincial and federal prison officials, as did local and international NGOs.

The PPN reported 427 cases of torture or mistreatment in 2019. As of June the PPN had recorded 87 cases. Although the PPN created a National Registry of Cases of Torture in 2010, its reporting remained largely limited to the city and province of Buenos Aires (home to approximately 46 percent of the population).

On July 25, police at the sixth commissary in La Plata, Buenos Aires Province, beat and applied electric shocks to a 17-year-old prisoner during an estimated 10-hour detention, according to the CPM. The CPM noted that the officers apparently filmed their actions and distributed them on social media.

On May 13, authorities arrested eight members of the Buenos Aires provincial police for torturing and sexually abusing 14 female detainees at the third commissary in the municipality of La Matanza. According to local media, in December 2019 and January, police officers forced detainees to disrobe and squat down for extended periods and subjected them to violent and unwarranted cavity searches.

Impunity remained a significant problem in security forces at all levels. Corruption and a slow, politicized judicial system impeded efforts to investigate abuses. The government generally denounced reported abuses and took efforts to train military and security forces at all levels on human rights, including through online training during the COVID-19 pandemic.

Prison and Detention Center Conditions

Prison conditions often were harsh due to overcrowding, poor medical care, and unsanitary conditions. There were reports of forced transfers and the recurrent use of solitary confinement as a method of punishment, particularly in the province of Buenos Aires, which held more than half of the country’s total prison population.

Physical Conditions: Prison overcrowding remained a problem. According to the PPN, as of July 31, the federal penitentiary system was at 95 percent capacity, holding an estimated 11,500 prisoners. As of April, Buenos Aires provincial penitentiaries held almost 42,100 inmates in facilities initially designed for 24,000, according to the Center for Legal and Social Studies. Many pretrial detainees were held with convicted prisoners.

In March and April, prisoners throughout the country staged deadly riots to protest overcrowding and to demand transfer to house arrest due to COVID-19. After the riots, which left seven inmates dead, various courts began to transfer thousands of detainees from prisons in the province and city of Buenos Aires to house arrest to reduce overcrowding and limit the spread of the virus. Judges generally prioritized prisoners in high health-risk categories and nonviolent offenders.

Overcrowding in juvenile facilities often resulted in minors being held in police station facilities, although some NGOs and the national prison ombudsman noted the law prohibits doing so.

Women’s prisons were generally less violent, dangerous, and overcrowded than men’s prisons. Pregnant prisoners were exempted from work and rigorous physical exercise and were transferred to the penitentiary clinic prior to their delivery date. Children born to women in prison were entitled to remain in a special area of the prison with the mother and receive day care until age four.

The Federal Penitentiary Service reported 52 inmate deaths in federal prisons through October 31, of which 19 were violent. By contrast the Committee of Torture of the Buenos Aires Provincial Memory Commission stated that 148 prisoners died in the province of Buenos Aires during 2019–118 due to unattended health problems. The Ministry of Justice had not published official, nationwide statistics on prisoner deaths since 2016.

According to human rights organizations and research centers, inmates in many facilities also suffered from poor nutrition; inadequate medical and psychological treatment; inadequate sanitation, heating, ventilation, and light; limited family visits; and frequent degrading treatment.

In December 2019 a criminal court found former chief Alberto Donza and five fellow officers guilty of neglect after detainees died in a 2017 fire in Police Station No. 1 in Pergamino, Buenos Aires Province. Donza received a 15-year sentence, and the other officers received between six and 14 years’ imprisonment.

Administration: Authorities sometimes conducted investigations of credible allegations of mistreatment. According to local NGOs, prisoners occasionally did not submit complaints to authorities due to fear of reprisal.

Independent Monitoring: The government usually permitted monitoring by independent local and international 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.

Arrest Procedures and Treatment of Detainees

Police generally apprehended individuals openly with warrants based on sufficient evidence and issued by a duly authorized official. By law police may detain suspects for up to six hours without an arrest warrant if authorities have a well-founded belief they have committed or are about to commit a crime, or if police are unable to determine the suspect’s identity. In all cases authorities must immediately notify the state attorney’s office of the arrest. The state attorney may approve detention for up to 72 hours. In exceptional cases a judge may extend detention for another 72 hours. Human rights groups reported that police occasionally arrested persons arbitrarily and detained suspects longer than the law permitted or did not follow proper notification procedures.

The law provides detainees with the right to a prompt determination of the legality of their detention by a lower criminal court judge, who determines whether to proceed with an investigation. In some cases there were delays in this process and in informing detainees of the charges against them.

The law provides for the right to bail except in cases involving flight risk or risk of subornation of justice.

Authorities allowed detainees prompt access to counsel and provided public defenders if they were unable to afford counsel. In some cases such access was delayed due to an overburdened judicial system.

Arbitrary Arrest: Local NGOs reported that police on occasion arrested and detained citizens arbitrarily.

On August 19, Buenos Aires city police detained three street vendors of African descent for selling counterfeit goods. Local groups representing informal workers denounced the arrests as an unnecessary and involved excessive use of force. In March 2019 the UN Working Group of Experts on People of African Descent noted that migrants of African descent, especially street vendors, were reportedly the targets of arbitrary arrest and police violence. Human rights organizations also accused police forces of undertaking arbitrary arrests, nominally as a result of a national quarantine against COVID-19, which began on March 20 and ended in phases on November 8. The organizations accused police of failing to register arrests, treating arrestees with excessive force, and placing detainees in settings that threatened their health.

On August 16, onlookers captured video of five police officers violently arresting a woman in Bariloche as she walked her dog in violation of quarantine. Police officials told local press the woman insulted the officers after refusing multiple requests to return home. Bariloche mayor Gustavo Gennuso later announced an investigation into possible excessive use of force.

Pretrial Detention: The law provides for investigative detention of up to two years for indicted persons awaiting or undergoing trial; the period may be extended by one year in limited circumstances. The slow pace of the justice system often resulted in lengthy detentions beyond the period stipulated by law. The PPN reported that 53 percent of prisoners were awaiting trial during the first six months of the year.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, but government officials at all levels did not always respect judicial independence and impartiality. According to local NGOs, judges in some federal criminal and ordinary courts were subject at times to political manipulation.

Trial Procedures

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants enjoy a presumption of innocence and have the right to legal counsel and free assistance of an interpreter, to remain silent, to call defense witnesses, and to appeal. If needed, a public defender is provided at public expense. At an oral trial, defendants may present witnesses and request expert testimony. Defendants have the right to be present at their hearings, and there is no trial in absentia.

Lengthy delays, procedural logjams, long gaps in the appointment of permanent judges, inadequate administrative support, and general inefficiency hampered the judicial system. Judges’ broad discretion on whether and how to pursue investigations contributed to a public perception that many decisions were arbitrary.

A code of federal criminal procedure passed in 2018 replaced the country’s hybrid federal inquisitive system with a full accusatory system. In June 2019 Salta and Jujuy became the first provinces to implement this accusatory system at the federal level, which is scheduled to extend progressively to the rest of the country. The new code generally requires cases to be brought to trial within one year and resolved within three years. It also implements the use of new investigative techniques and expands victims’ rights. Prosecutors in provinces implementing the new code reported cases that previously took years could now be adjudicated in months. The code transfers investigative responsibilities from magistrates to prosecutors, with assistance from security forces. Full implementation of trial by jury procedures was pending in Corrientes and San Juan. The provinces of Neuquen, Mendoza, Salta, Chaco, Chubut, Entre Rios, Rio Negro, and Buenos Aires provide defendants accused of certain serious crimes the right to a trial by jury. As of October there were no jury trials for federal cases.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Citizens have access to the courts to bring lawsuits seeking damages or the protection of rights provided by the constitution. They may also appeal adverse decisions domestically or to regional human rights bodies, to include the Inter-American Court of Human Rights.

Property Restitution

The country endorsed the 2009 Terezin Declaration, which called on countries to provide for the restitution of property wrongfully seized during the Holocaust, provide access to archives, and advance Holocaust education and commemoration. There were no known claims for movable or immovable property in the country, and it has no restitution laws. The Argentine Commission of Inquiry into the Activities of Nazism, created in 1997, concluded that no looted art was held by the Museo Nacional de Bellas Artes, although the commission admitted that it had not checked any other state-run museum and that it faced difficulties researching the activities of the country’s art market during the Holocaust. The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

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

The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

On August 28, a federal judge announced an official inquiry into illegal espionage during the administration of former president Mauricio Macri, citing the former heads of Argentine Federal Intelligence (AFI) Gustavo Arribas and Silvia Majdalani among other officials. Members of AFI were accused of having illegally monitored the activities and private communications of politicians (from both ruling and opposition parties), journalists, labor leaders, and religious figures. The investigation continued as of November.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech, including for the press, and the government generally respected this right. An independent press and democratic political system combined to promote freedom of expression, including for the press.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

In October the government announced its intention to create the Observatory on Disinformation and Symbolic Violence in Media and Digital Platforms (Nodio, by its Spanish acronym). The Interamerican Press Society, media outlets, and the national association of journalists expressed concern that Nodio would serve as an extrajudicial tool that the government could use to restrict free speech or regulate media.

In July 2019 the Committee to Protect Journalists (CPJ) expressed concern after a federal judge summoned Daniel Santoro of Clarin newspaper and obtained his telephone records in relation to an investigation. The allegations related to Santoro’s connections with Marcelo D’Alessio, charged with extortion after threatening individuals with negative media coverage. Santoro asserted that D’Alessio was a journalistic source. In April Edison Lanza, the head of the Organization of American States Office for the Special Rapporteur for Freedom of Expression, also criticized Santoro’s prosecution, saying journalists “should not be the target of judicial abuse or other threatening behavior as a reprisal for their work.” In October the same judge charged Santoro with belonging to an “illicit association dedicated to illegal espionage” and carrying out “prohibited intelligence actions.” CPJ Central and South America Program coordinator Natalie Southwick spoke out against the charges, emphasizing that “holding journalists liable for their sources’ actions sets a deeply troubling precedent that opens the door to criminal charges against investigative journalists working to uncover wrongdoing.” The Argentine Media Corporations Association (ADEPA) and the Argentine Journalism Forum (FOPEA) condemned the latest charges against Santoro as an “attempt to criminalize journalism.”

Violence and Harassment: There were reports of physical attacks, threats, and harassment against journalists.

In June FOPEA and ADEPA expressed concern about revelations that AFI may have illegally spied on journalists during the administration of former president Mauricio Macri. FOPEA stated that AFI had actively intimidated journalists and interfered with their reporting.

In June, FOPEA and ADEPA criticized Vice President Christina Fernandez de Kirchner for sharing a video on Twitter that attempted to discredit journalists investigating high-level corruption cases. The organizations warned that such a campaign could foment public and online harassment of journalists.

FOPEA reported only one alleged physical attack against journalists as of September, compared with 27 in the previous year. In July protesters attacked a C5N television crew covering an antigovernment demonstration in Buenos Aires. Two members of the crew received injuries, and protesters smashed windows in one of their vehicles.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

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

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

In response to the COVID-19 sanitary emergency, a March 19 presidential decree established restrictions on individuals’ ability to gather, including for peaceful protest. Nevertheless, several large-scale antigovernment protests in Buenos Aires and across the country took place without incident after the establishment of these restrictions.

At times police used force to disperse demonstrators. On April 10, police broke up a protest of 300 slaughterhouse workers in the Buenos Aires municipality of Quilmes with rubber bullets and batons, according to local media. The protesters were demanding weeks of back pay after their workplace closed due to the sanitary restrictions.

On September 21, police used violence against nurses protesting for improved pay and working conditions in front of the Buenos Aires city legislature, according to local press. Police spokespersons noted the nurses had attempted to enter the building forcefully.

c. Freedom of Religion

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

d. Freedom of Movement

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

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

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

Access to Asylum: The law provides for granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Decisions on asylum petitions can take up to two years to adjudicate.

As of September the International Organization for Migration reported 32,911 Venezuelan migrants had arrived in the country during the year. Of those, more than 31,000 requested temporary residence. The National Commission for Refugees received 3,184 requests for refugee status in 2019–approximately 20 percent more than in 2018–and adjudicated 1,680.

As a result of the COVID-19 pandemic and the resulting restrictions on freedom of movement and association, many refugees and migrants lost their jobs and livelihoods, according to UNHCR’s regional representative. Many migrants did not have access to national social programs because they did not have the required documentation or did not meet the requisites. In May the minister of social development, the UNHCR regional representative, and the president of the National Refugee Commission signed a memorandum of agreement to improve the socioeconomic inclusion of migrants and refugees in the country. Through a newly created interagency working group, UNHCR and local authorities delivered food, hygiene, and sanitation kits to refugees in the Buenos Aires region.

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: Alberto Fernandez was elected president in October 2019 in elections generally considered free and fair. The country also held municipal, provincial, and federal elections. Voters elected half of the members of the Chamber of Deputies, representing all of the provinces and the city of Buenos Aires, and one-third of the members of the Senate, representing eight provinces. Voters also elected governors in 22 provinces, as well as provincial legislators, mayors, and city councils. Local and international observers considered the elections generally free and fair.

Participation of Women and Members of Minority Groups: No laws limit participation of women and members of minority groups in the political process, and they did participate. According to a December 2019 study by the National Scientific and Technical Research Council, women held a record 37.7 percent of senior government positions: 106 members, or 41 percent, of the 2019-21 Chamber of Deputies were women–a 3-percent increase from the 2017-19 chamber. The Senate’s gender breakdown remained the same with 29 female senators, approximately 40 percent of the upper house. At provincial levels, women’s participation was uneven, and national authorities recognized that gender parity in political positions had yet to be achieved nationwide. The law requires an electoral list of candidates for national legislative office to contain equal percentages of male and female candidates. The law also states that in the case of the resignation, temporary absence, or death of an elected official, the replacement must be the same gender. The provinces of Buenos Aires, Salta, Chubut, Neuquen, and Santa Fe have gender parity laws pertaining to candidates for provincial and municipal bodies.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; nonetheless, multiple reports alleged that executive, legislative, and judicial officials engaged in corrupt practices with impunity, suggesting a failure to implement the law effectively. Weak institutions and an often ineffective and politicized judicial system undermined systematic attempts to curb corruption.

Corruption: A number of corruption-related investigations against sitting and former high-ranking political figures, including Vice President Cristina Fernandez de Kirchner and former president Mauricio Macri, were underway as of October. In September 2019 a federal judge sent the corruption scandal known as “the notebooks case” to trial. Vice President Cristina Fernandez de Kirchner and 52 other defendants were accused of receiving kickbacks, paying kickbacks, or both on public works contracts between 2008 and 2015 when Fernandez de Kirchner was president. Prosecutors estimated the total value of the bribery scheme at $160 million. Fernandez de Kirchner and her children faced five other financial corruption cases as of November. According to local media, court officials stated pandemic-related delays would delay trials in some of these cases until at least late 2021.

In March a federal court ordered the release of former planning minister Julio De Vido from prison. De Vido had served two years in pretrial detention while facing several corruption charges, and judges ruled that his release would not threaten the investigations. In 2018 de Vido received a sentence of five years and eight months for fraud, misuse of funds, and lack of oversight related to a 2012 train accident that killed 52 persons. That sentence remained under review by the National Cassation Court as of September. De Vido also faced charges in the “notebooks” case and others related to his management of public works projects.

Corruption occurred in some security forces. The most frequent abuses included extortion of, and protection for, those involved in drug trafficking, human trafficking, money laundering, and the promotion of prostitution. Allegations of corruption in provincial as well as in federal courts were also frequent.

Financial Disclosure: Public officials are subject to financial disclosure laws, and the Ministry of Justice and Human Rights’ Anti-Corruption Office is responsible for analyzing and investigating federal executive branch officials, based on their financial disclosure forms. The law provides for public disclosure, but not all agencies complied, and enforcement remained a problem. The office is also responsible for investigating corruption within the federal executive branch and in matters involving federal funds, except for funds transferred to the provinces. As part of the executive branch, the office does not have authority to prosecute cases independently, but it can refer cases to other agencies or serve as the plaintiff and request a judge to initiate a case.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses 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 usually were cooperative and generally responsive to their views.

Government Human Rights Bodies: The government has a human rights secretariat within the Ministry of Justice and Human Rights. Its main objective is to coordinate within the ministry and collaborate with other ministries and the judiciary to promote policies, plans, and programs for the protection of human rights. It published leaflets and books on a range of human rights topics.

NGOs argued that the government’s failure to fill the post of national ombudsman, vacant since 2009, undermined the office’s mandate to protect human rights.

The Prosecutor General’s Office of Crimes against Humanity investigated and documented human rights violations that occurred under the 1976-83 military dictatorship.

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

Women

Rape and Domestic Violence: Rape of men and women, including spousal rape, is a crime. The penalties range from six months’ to 20 years’ imprisonment, depending on the ages of the perpetrator and victim, their relationship, and the use of violence, among other factors. Most perpetrators received penalties between six and 15 years’ imprisonment. There were anecdotal reports of police or judicial reluctance to act on rape cases; women’s rights advocates alleged the attitudes of police, hospitals, and courts toward survivors of sexual violence sometimes victimized them again, often by forcing them to recount details of their trauma, conflating silence with consent, or admitting as evidence their past sexual history.

The law prohibits domestic violence, including spousal abuse. Survivors may secure protective measures. The laws were generally enforced, and survivors generally had access to protective measures. The law imposes a stricter penalty than murder on those who kill their spouses, partners, or children as a consequence of their gender. According to local NGOs, lack of police and judicial vigilance often led to a lack of protection for victims. The law requires all federal employees to receive training on gender and gender-based violence. The law was enforced, including for cabinet-level officials and the president.

The National Register of Femicides, maintained by the Supreme Court’s Office of Women, recorded that 268 women died as a result of domestic or gender-based violence during 2019. As of July 31, the National Ombudsman’s Office reported 168 women died as a result of violence. Approximately 17 percent of these victims had previously filed formal complaints. In August the Ministry of Women, Gender, and Diversity (Ministry of Women) noted that reports of gender-based violence increased approximately 28 percent during the COVID-19 quarantine.

In June the Ministry of Women launched a two-year national plan against gender-based violence, which included a proposal for a dedicated budget. The ministry also operated a 24-hour hotline for victims of gender-based violence and created emergency WhatsApp and email contact channels for victims unable to speak on the telephone. The Supreme Court’s Office of Domestic Violence provided around-the-clock protection and resources to victims of domestic violence. The office also carried out risk assessments necessary to obtain a restraining order. Public and private institutions offered prevention programs and provided support and treatment for abused women. A national network of shelters included 89 facilities, although the government had planned to construct approximately 30 more by 2019. In August the Ministry of Women launched a national program to build the capacity of these shelters. The 2018 Brisa Law provides for the financial support of children who lost their mothers to gender-based violence; however, many families complained of delays in receiving payment. As of December 2019, an estimated 345 children and young adults had received support through the program. By July 20, however, that number had nearly doubled to 623, as authorities said they had placed particular emphasis on the program.

Sexual Harassment: The law prohibits sexual harassment in the public sector and imposes disciplinary or corrective measures. In some jurisdictions, such as the city of Buenos Aires, sexual harassment could lead to the abuser’s dismissal, whereas in others, such as Santa Fe Province, the maximum penalty is five days in prison. It does not prohibit sexual harassment in employment more broadly.

On April 16, the Senate passed a law that penalizes harassment in public spaces as a form of gender-based violence.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health and had access to the information and means to do so, free from discrimination, coercion, and violence, although access could be limited for indigenous or rural populations. Access to sexual and reproductive health services, information, and contraception was generally available, but there was a reported lack of access to modern contraceptive methods due to the COVID-19 pandemic. Data from the National Ministry of Health showed a 70-percent decrease in the distribution of short-term contraceptive methods during the year compared to 2019. According to the United Nations Population Fund (UNFPA), 1.093 million women in the country stopped contraception during the year due either to a reduction in family income or to a lack of supply from public health services.

On December 30, the National Congress passed the Voluntary Interruption of Pregnancy (IVE) bill that legalized abortion up to the fourteenth week of gestation. After this period, the law permits medical professionals to perform abortions only in the case of rape or danger to the life of the mother. Before the legalization of the bill, health personnel’s actions were guided by a December 2019 protocol issued by the national Ministry of Health that generally only permitted abortions in the case of rape or danger to the life of the mother. Nonetheless, social and cultural barriers adversely affected access. There were reports that provincial health-care providers and facilities, especially in remote and conservative regions, intentionally delayed and obstructed access to abortion. In one example in December, a 12-year-old girl gave birth to twins as a result of rape after being denied an abortion by local authorities. The National Direction of Sexual Health contacted provincial authorities to provide immediate assistance for the girl, but the assistance was reportedly late and inadequate.

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

Discrimination: The constitution provides the same legal status and rights for women and men and prohibits discrimination in employment based on gender. The government generally enforced the law, although discrimination remained a persistent and pervasive problem in society.

The Supreme Court’s Office of Women trained judges, secretaries, and clerks to handle court cases related to gender issues and to ensure equal access for women to positions in the court system. The office also trained judges, prosecutors, judicial staff, and law enforcement agents to increase awareness of gender-related crimes and develop techniques to address gender-related cases and victims.

Women are not able to work in all the same industries as men; there are restrictions on their employment in the mining, manufacturing, and transportation sectors. There are also restrictions on women working in jobs deemed hazardous or arduous. On November 11, Congress ratified the International Labor Organization’s Convention 190 on Eliminating Violence and Harassment in the World of Work. The convention was scheduled to enter into effect in June 2021.

In August the Ministry of Justice and Human Rights issued a resolution requiring civil society organizations and businesses to respect gender parity in the composition of their administrative boards. According to the resolution, at least one-third of the members of an organization’s administration and oversight bodies must be women.

Children

Birth Registration: The government provides universal birth registration, and citizenship is derived both by birth within the country’s territory and from one’s parents. Parents have 40 days to register births, and the state has an additional 20 days to do so. The Ministry of Interior and Transportation may issue birth certificates to children younger than age 12 whose births were not previously registered.

Child Abuse: By law sexual abuse of a child is a punishable offense, with sentences of up to 20 years in prison. Physical harm to a child is punishable with up to 15 years in prison. Child abuse was common; the Supreme Court’s Office of Domestic Violence reported that approximately 30 percent of the complaints it received between March 20 and July 17, the strictest period of the COVID-19 quarantine, involved children. The government maintained a 24-hour hotline staffed by professional child psychologists for free consultations and advice.

Child, Early, and Forced Marriage: Children older than age 16 are legally allowed to marry with parental permission. Children younger than 16 are required to obtain judicial authorization in addition to parental consent.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and the sale, offering, or procuring of children for prostitution. Authorities generally enforced the law; however, sexual exploitation of children, including in prostitution, was a problem. The minimum age of consensual sex is 13, but there are heightened protections for persons ages 13 to 16. A statutory rape law provides for penalties ranging from six months to 20 years in prison, depending on the age of the victim and other factors.

In June a trial began for two nuns and seven former employees of a group of schools for hearing-impaired children, the Antonio Provolo Institutes. A reported 67 students claimed abuses between 1983 and 2002. This followed the November 2019 convictions of two former priests at the school, Nicola Corradi and Horacio Corbacho, found guilty of child sexual abuse and sentenced to 42 and 45 years in prison, respectively.

The law prohibits the production and distribution of child pornography, with penalties ranging from six months to four years in prison. Possession of child pornography is a criminal offense.

During the year prosecutors from the nationwide Point of Contact Network against Child Pornography on the Internet pursued cases of internet child pornography. The city of Buenos Aires Public Ministry’s Judicial Investigative Bureau served as the primary point of contact for receiving and distributing child pornography leads from the National Center for Missing and Exploited Children to prosecutors and police forces across the country. The Buenos Aires’ Public Defender’s Office reported a 30-percent year-on-year increase in reports of the production and distribution of images of sexual exploitation of children during the two-month period between March 19 and May 18, coinciding with the first 60 days of a nationwide lockdown in response to COVID-19.

In September, Federal Police arrested eight individuals after a series of raids in Buenos Aires, Chaco, Salta, Cordoba, and Rio Negro Provinces targeting a child pornography network that had at least 406 subscribers in the country and more than 1,700 around the world. The raids followed a three-year investigation by Federal Police into the ring.

In September 2019 local authorities arrested former police officer Rodolfo Suarez for involvement in a network of child pornography that had victimized an estimated 1,200 children between the ages of four months and 14 years since 2003. The man posed as a producer of youth television to lure his victims. In August a judge in the city of Buenos Aires sent Suarez’s case to trial.

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

Anti-Semitism

Estimates of the size of the Jewish community varied, but the most recent data available, published by the Berman Jewish Databank, estimated the population at 180,300 in 2018. Sporadic acts of anti-Semitic discrimination and vandalism continued. The Delegation of Argentine Jewish Associations (DAIA) recorded 918 complaints of anti-Semitism in 2019, compared with 834 in 2018, a 10-percent increase. The most commonly reported anti-Semitic incidents tracked by the report were slurs posted on various websites, often in relation to news articles. Other incidents included graffiti and verbal slurs.

On June 4, the Ministry of Foreign Affairs, International Commerce, and Worship issued a resolution adopting the definition of anti-Semitism established by the International Alliance for Holocaust Remembrance (IHRA) within the executive branch. The resolution invited the country’s other branches and levels of government to join in adopting the IHRA definition.

On April 1, television journalist Tomas Mendez associated the origin of the COVID-19 virus with “the world’s wealthiest people born in the United States and Israel” during his program Federal Journalism. DAIA and the ambassador for Israel, among others, criticized the remarks, and National Institute against Discrimination, Xenophobia, and Racism began an official inquiry for anti-Semitism. On April 2, Mendez publicly apologized for his remarks.

Trafficking in Persons

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

Persons with Disabilities

The constitution and laws prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced the law, but there were scattered reports of discrimination. Various government agencies offered a variety of services and programs to individuals with disabilities, including community-based rehabilitation programs, sports and recreation facilities, braille translation services, legal services, and a variety of pensions and subsidies. The law also mandates access to buildings by persons with disabilities. According to a 2016 report by the ombudsman of the city of Buenos Aires, only 33 percent of the metropolitan subway stations had elevators or escalators. While the city worked to install new elevators and escalators and to repair existing ones, the city’s ombudsman visited several of the subway’s newest stations in July 2019 and found that several of the elevators did not work.

With the slogan “End Forced Sterilizations,” several human rights organizations launched a campaign in October to change a 2006 law they argued had led to the sterilizations of many persons with disabilities without their consent. The law was written to provide all citizens with access to certain surgical contraceptive measures but allows legal representatives to provide consent for any individual declared legally incompetent. The organizations argued that this loophole, along with broad societal acceptance of forced sterilizations of individuals with disabilities, had led to extensive use of the practice.

While the federal government has protective laws, many provinces had not adopted such laws and had no mechanisms to ensure enforcement. An employment quota law reserves 4 percent of federal government jobs for persons with disabilities. Data from the National Institute of Statistics showed that in 2018 only an estimated 32 percent of working-age individuals with a disability were employed.

In 2019 Congress proposed and passed a 56-percent budget increase for the National Disability Agency, which provides a range of services and subsidies for persons with disabilities. In March the government provided additional funds to the agency to help ensure the needs of individuals with disabilities could be met during the COVID-19 pandemic. While the government made exceptions to the quarantine restrictions to assist persons with disabilities, there were no exceptions to provide appropriate education to children with disabilities.

Indigenous People

The constitution recognizes the ethnic and cultural identities of indigenous peoples and states that Congress shall protect their right to bilingual education, recognize their communities and the communal ownership of their ancestral lands, and allow for their participation in the management of their natural resources.

A study conducted during the year with researchers from eight universities examined the situation of 27 indigenous groups and found that indigenous persons were more likely to be employed informally than the general public (70 percent, compared with 44 percent). The study noted that indigenous persons often could not access social service programs in the isolated areas where many of them lived and that these communities lacked basic infrastructure, including clean water.

The lack of trained teachers hampered government efforts to offer bilingual education opportunities to indigenous peoples.

Indigenous peoples were not fully consulted in the management of their lands or natural resources, particularly lithium, in part because responsibility for implementing the law is delegated to the 23 provinces, the constitutions of only 11 of which recognize indigenous rights.

Projects carried out by the agricultural and extractive industries displaced individuals, limited their access to traditional means of livelihood, reduced the area of lands on which they depended, and caused pollution that in some cases endangered the health and welfare of indigenous communities. Conflict occurred when authorities evicted indigenous peoples from ancestral lands then in private ownership.

Local media reported that provincial police violently entered three homes belonging to members of the Qom community in Fontana, Chaco Province, on May 31. According to the Center for Legal and Social Studies, many of the officers were in plain clothes and did not possess a search warrant. Police took four individuals into custody after a physical struggle, including one 16-year-old, and later continued to insult, threaten, and torture them at the police station. A judge released the individuals on July 8, finding that the search of their homes was illegal and involved “humiliation.” Cases were pending against four officers as of November.

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

The National Observatory of Hate Crimes registered 177 official complaints of hate crimes against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals in 2019. This represented an approximate 20-percent increase over 2018 and included 16 killings of LGBTI individuals.

National antidiscrimination laws do not specifically include the terms “sexual orientation or gender identity” as protected grounds, only “sex.” There was no reported official discrimination, however, based on sexual orientation or gender identity in employment, housing, or access to education. There were some cases of discrimination based on sexual orientation or gender identity in access to health care. Officials from the Ministry of Women, as well as media and NGOs, reported cases of discrimination, violence, and police brutality toward LGBTI individuals, especially transgender persons.

In August the Ministry of Women and the minister of health expressed concern that the Argentine Association of Hemotherapy, Immunohematology, and Cell Therapy would not allow members of the LGBTI community to donate blood because of their sexual orientation. In August, Emiliano Ivaldi, a recovered COVID-19 patient, was not allowed to donate plasma at the Eva Peron Hospital in the province of Santa Fe. Hospital authorities justified the decision based on the fact that Ivaldi was homosexual.

On September 4, President Fernandez decreed that at least 1 percent of the positions in public administration must be held by transvestites, transsexuals, and transgender persons. On September 15, the Senate implemented a similar decree to regulate its own hiring practices.

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; the government generally respected these rights. The law prohibits discrimination against unions and protects workers from dismissal, suspension, and changes in labor conditions. It also prohibits military and law enforcement personnel from forming and joining unions. The government effectively enforced the law, and penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination. Complaints of unfair labor practices can be brought before the judiciary. Violations of the law may result in a fine being imposed on the employer or the relevant employers’ association, as appropriate. There were cases of significant delays or appeals in the collective bargaining process.

The law allows unions to register without prior authorization, and registered trade union organizations may engage in certain activities to represent their members, including petitioning the government and employers. The law grants official trade union status to only one union deemed the “most representative,” defined by law as the union that has the highest average proportion of dues-paying members to number of workers represented, per industrial sector within a specific geographical region. Only unions with such official recognition receive trade union immunity from employer reprisals against their officials, are permitted to deduct union dues directly from wages, and may bargain collectively with recourse to conciliation and arbitration. The most representative union bargains on behalf of all workers in a given sector, and collective agreements cover both union members and nonmembers in the sector. The law requires the Ministry of Labor, Employment, and Social Security (Ministry of Labor) to ratify collective bargaining agreements.

The Argentine Workers’ Central Union and other labor groups not affiliated with the General Confederation of Labor continued to contend that the legal recognition of only one union per sector conflicted with international standards, namely International Labor Organization (ILO) Convention No. 87, and prevented these unions from obtaining full legal standing. A September 3 Supreme Court ruling upheld the constitutionality of the law.

Civil servants and workers in essential services may strike only after a compulsory 15-day conciliation process, and they are subject to the condition that unspecified “minimum services” be maintained. Once the conciliation term expires, civil servants and workers in essential services must give five days’ notice to the administrative authority and the public agency against which they intend to strike. If “minimum services” are not previously defined in a collective bargaining agreement, all parties then negotiate which minimum services will continue to be provided and a schedule for their provision. The public agency, in turn, must provide clients two days’ notice of the impending strike.

Employers generally respected the right to bargain collectively and to strike.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government generally enforced the law. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping.

Despite these mechanisms, forced labor, including forced child labor, occurred. The Ministry of Labor carried out regular inspections across the country. Efforts to hold perpetrators accountable continued. The National Registry for Rural Workers and Employers reported 28 forced labor complaints during the first half of the year, 12 of which were under investigation by the Special Prosecutors’ Office for Human Trafficking and Exploitation.

Employers subjected a significant number of Bolivians, Paraguayans, and Peruvians, as well as Argentines from poorer northern provinces, to forced labor in the garment sector, agriculture, street vending, charcoal and brick production, construction, domestic work, and small businesses (including restaurants and supermarkets). Traffickers exploited Chinese citizens working in supermarkets to debt bondage. Traffickers compelled trafficking victims to transport drugs through the country’s borders. Men, women, and children were victims of forced labor, although victims’ typical gender and age varied by employment sector (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 16. In rare cases labor authorities may authorize a younger child to work as part of a family unit. Children ages 16 to 18 may work in a limited number of job categories and for limited hours if they have completed compulsory schooling, which normally ends at age 18. Children younger than 18 cannot be hired to perform perilous, arduous, or unhealthy jobs. The law requires employers to provide adequate care for workers’ children during work hours to discourage child labor.

Provincial governments and the city government of Buenos Aires are responsible for labor law enforcement. Penalties for employing underage workers were generally sufficient to deter violations.

While the government generally enforced applicable laws, observers noted some inspectors were acquainted or associated with the persons they inspected, and corruption remained an obstacle to compliance, especially in the provinces. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping. In August the Ministry of Labor presented a National Program to Build Capacity of Provincial Committees for the Eradication of Child Labor, with the goal of improving national-provincial coordination.

Children were engaged in the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking, including forced labor in domestic servitude, agriculture, and production of garments, and illicit activities such as the transport and sale of drugs. The government published the final report from its 2016-17 national child labor survey in 2018. The National Survey on Children and Youth Activities found 19.8 percent of children in rural areas performed at least one form of labor, while 8.4 percent of children in urban areas did so.

Similar patterns emerged with adolescents, which the report defined as children 16 and 17 years old. The report found 43.5 percent of adolescents in rural areas and 29.9 percent in urban areas engaged in at least one form of labor. Principal activities were helping in a business or office; repair or construction of homes; cutting lawns or pruning trees; caring for children, the elderly, or the infirm; helping in a workshop; making bread, sweets, or other food for sale; gathering paper, boxes, cans, and other recyclables in the street; handing out flyers or promotional materials for a business; cleaning homes and businesses or washing and ironing clothes for others; and cultivating or harvesting agricultural products.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings  and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment based on race, religion, nationality, sex, physical characteristics, social or economic status, or political opinion, and the government generally enforced the law. Penalties were commensurate with laws related to civil rights. The most prevalent cases of workplace discrimination were based on disability, gender, and age. Discrimination also occurred on the basis of HIV-positive status and against individuals of indigenous origin. Women are prohibited from working in certain industries; for example, there are restrictions on their employment in the mining, manufacturing, and transportation sectors. There are also restrictions on women working in jobs deemed hazardous or arduous.

Although women enjoyed the same legal status and rights as men, they continued to face economic discrimination. Women held a disproportionately high proportion of low paying, informal jobs and significantly fewer executive positions in the private sector than men, according to several studies. Although equal pay for equal work is constitutionally mandated, women earned approximately 25 percent less than men earned for equal or similar work.

e. Acceptable Conditions of Work

The minimum wage remained below the official poverty income level for a family of four, despite a 35-percent increase announced in October 2019. Most workers in the formal sector earned significantly more than the minimum wage. The minimum wage generally served to mark the minimum pay an informal worker should receive.

Federal law sets standards in workhours and occupational safety and health. The maximum workday is eight hours, and the maximum workweek is 48 hours. Overtime pay is required for hours worked in excess of these limits. The law prohibits excessive overtime and defines permissible levels of overtime as three hours a day. Labor law mandates between 14 and 35 days of paid vacation, depending on the length of the worker’s service.

The law sets premium pay for overtime, adding an extra 50 percent of the hourly rate on ordinary days and 100 percent on Saturday afternoons, Sundays, and holidays. Employees cannot be forced to work overtime unless work stoppage would risk or cause injury, the need for overtime is caused by an act of God, or other exceptional reasons affecting the national economy or “unusual and unpredictable situations” affecting businesses occur.

The Ministry of Labor has responsibility for enforcing legislation related to working conditions. The government sets occupational safety and health (OSH) standards, which were current and appropriate for the main industries in the country. The government effectively enforced OSH laws. Penalties for violations of OSH laws were commensurate with those for crimes like negligence. The law requires employers to insure their employees against accidents at the workplace and when traveling to and from work. The law requires employers either to provide insurance through a labor-risk insurance entity or to provide their own insurance to employees to meet requirements specified by the national insurance regulator. The law limits the worker’s right to file a complaint if he or she does not exhaust compulsory administrative proceedings before specified medical committees.

Laws governing acceptable conditions of work were not enforced universally, particularly for workers in the informal sector (approximately 35 percent of the labor force). The Ministry of Labor continued inspections to ensure companies’ workers were registered and formally employed. Inspectors had the authority to make unannounced inspections and to initiate sanctions. The ministry conducted inspections in various provinces, but the Labor Inspectorate employed well below the number of inspectors recommended by the ILO, given the size of the workforce. The Superintendence of Labor Risk served as the enforcement agency to monitor compliance with OSH laws and the activities of the labor risk insurance companies.

Workers could not always recuse themselves from situations that endangered their health or safety without jeopardy to their employment, and authorities did not effectively protect employees in these circumstances. Through September the Ministry of Labor reported receipt of 81,000 occupational safety complaints related to COVID-19, especially in the health sector. As a result, the sector surpassed the traditionally more dangerous manufacturing and mining sectors in the number of complaints received.

Armenia

Executive Summary

Armenia’s constitution provides for a parliamentary republic with a unicameral legislature, the National Assembly (parliament). The prime minister, elected by parliament, heads the government; the president, also elected by parliament, largely performs a ceremonial role. During 2018 parliamentary elections, the My Step coalition, led by Acting Prime Minister Nikol Pashinyan, won 70 percent of the vote and an overwhelming majority of seats in parliament. According to the assessment of the international election observation mission under the umbrella of the Organization for Security and Cooperation in Europe, the parliamentary elections were held with respect for fundamental freedoms.

The national police force is responsible for internal security, while the National Security Service is responsible for national security, intelligence activities, and border control. The Special Investigative Service (SIS) is a separate agency specializing in preliminary investigation of cases involving suspected abuses by public officials. The Investigative Committee is responsible for conducting pretrial investigations into general civilian and military criminal cases and incorporates investigative services. The National Security Service and the police chiefs report directly to the prime minister and are appointed by the president upon the prime minister’s recommendation. The cabinet appoints the heads of the Special Investigative Service and Investigative Committee upon the prime minister’s recommendations. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

During 44 days of intensive fighting from September 27 to November 10 involving Armenia, Armenia-supported separatists, and Azerbaijan, significant casualties and atrocities were reported by all sides. After Azerbaijan, with Turkish support, re-established control over four surrounding territories controlled by separatists since 1994, a Russian-brokered ceasefire arrangement announced by Armenia and Azerbaijan on November 9 resulted in the peaceful transfer of control over three additional territories to Azerbaijan, as well as the introduction of Russian peacekeepers to the region. Since 1995 the final status of Nagorno-Karabakh has been the subject of international mediation by the cochairs of the Organization for Security and Cooperation in Europe’s Minsk Group (the United States, France, and Russia). There was also an outbreak of violence with casualties along the international border between Armenia and Azerbaijan near Tavush from July 12 to July 16. Following the September 27 outbreak of hostilities, the government declared martial law under which restrictions were imposed on freedoms of expression, assembly, and movement. The restrictions were lifted December 2, and only provisions for partial mobilization of troops remained in effect at year’s end. (See sections 1.a., 1.b., 1.c., 1.d., 5, and 6; and the Country Reports on Human Rights Practices for Azerbaijan for conflict-related abuses.)

Significant human rights issues included: torture; arbitrary detention, although with fewer reports than in 2019; harsh and potentially life-threatening prison conditions; serious problems with judicial independence; arbitrary interference with privacy; trafficking in persons; crimes involving violence or threats of violence targeting civil society figures and lesbian, gay, bisexual, transgender, or intersex persons; and use of the worst forms of child labor. Significant human rights issues connected with the Nagorno-Karabakh armed conflict included unlawful killings and civilian casualties.

The government took steps to investigate and punish alleged abuses by former and current government officials and law enforcement authorities. For example, throughout the year, an investigation continued into the culpability of former high-ranking government officials surrounding events that led to the deaths of eight civilians and two police officers during postelection protests in 2008.

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.

Human rights nongovernmental organizations (NGOs) continued to express concerns over noncombat deaths in the army and the failure of law enforcement bodies to conduct credible investigations into those deaths. During the year there were major personnel changes in the army, and some observers noted a drastic decrease of suicides in the army following the appointments as well as increased public attention to the problem.

According to civil society organizations and families of the victims, the practice of qualifying many noncombat deaths as suicides at the onset of investigations made it less likely that abuses would be uncovered and investigated. According to human rights lawyers, the biggest obstacle to investigation of military deaths was the destruction or nonpreservation of key evidence, both by the military command (in cases of internal investigations) and by the specific investigation body working on a case. In addition, human rights NGOs disagreed with the statistics on military deaths presented by the Prosecutor General’s Office and the Ministry of Defense, citing arbitrary decision making as to whether the deaths were classified as related or not related to military service. They also decried the government’s failure to provide the public with prompt and complete information on nonmilitary deaths. The NGO Helsinki Citizens Assembly-Vanadzor reported a doubling in the number of reported suicides in the army in the first half of the year, as compared with 2019.

On February 2, the family and community members of military conscript Vahram Avagyan, who allegedly committed suicide on January 30, attempted to bring his body to Yerevan and blocked the Armavir-Yerevan road in protest against the investigative body’s declaration that Avagyan’s death was a suicide. Following then minister of defense Davit Tonoyan’s personal assurance that a proper investigation would be conducted and any culprits punished, the family returned to their village to hold the funeral. On the same day, the Investigative Committee reported the arrest of three of Avagyan’s fellow conscripts–Davit Movsisyan, Khachik Gasparyan, and Spartak Avetisyan–on charges of violating statutory relations leading to grave consequences.

Responding to a question during a February 12 National Assembly session, Prime Minister Pashinyan stated that noncombat military deaths were caused by the continued existence of a criminal subculture throughout society. Human rights activists asserted, however, that the criminal subculture, which they agreed was prevalent in the military, was not created by conscripts but instead created and maintained by officers and commanders. Human rights NGOs reported that improvements to material conditions, food quality, and safety at duty locations were carried out prior to the September 27 to November 10 fighting but called on authorities to take concrete measures to punish those maintaining the criminal subculture.

On February 28, then deputy minister of defense Gabriel Balayan stated that human rights defenders’ call on authorities to seek out elements of a criminal subculture among the command staff was destructive, averred that they revel at each new unfortunate event, and stated that law enforcement bodies would soon look into the organizations and their funding. On February 29, the NGO Human Rights House condemned Balayan’s statements, called upon authorities to refrain from attempts to discredit human rights defenders and threaten them with legal action, to examine if there were grounds to discipline Balayan and have him issue an apology, and for the Defense Ministry to take measures to strengthen public oversight over the armed forces.

In response to continued demands from families whose sons died in the army under noncombat conditions, on August 3, Prime Minister Pashinyan signed a decree to form a working group to look into eight outstanding criminal cases. Consisting of three independent attorneys and three experts from the Ministry of Justice and the Prime Minister’s Office, the group was reportedly granted full access to case materials without having to go through law enforcement structures that the families stated they do not trust. In October 2019 the government approved the Judicial and Legal Reform Strategy for 2019-2023 and action plan for its implementation that envisage the creation of a fact-finding group to examine noncombat deaths, among other human rights problems. The action plan’s deadline, however, for adopting relevant legislation and establishing the commission was not met.

During the 44 days of intensive fighting involving Armenia, Armenia-supported separatists, and Azerbaijan, there were credible reports of unlawful killings involving summary executions and civilian casualties (also see sections 1.b., 1.c., 1.d., 5, and 6; and the Country Reports on Human Rights Practices for Azerbaijan). The sides to the conflict submitted complaints to the European Court of Human Rights (ECHR) accusing each other of committing atrocities. The cases remained pending with the ECHR.

On December 10, Amnesty International issued a report based on 22 videos it had authenticated, out of dozens of videos circulating on social media depicting atrocities committed by both ethnic Armenians and Azerbaijanis. Among these 22 videos, the Amnesty report documented the cutting of an Azerbaijani border guard’s throat while the guard was gagged and bound, and it assessed that the guard received a wound that led to his death. According to Amnesty, Azerbaijani media named the border guard as Ismail Irapov. Amnesty urged both countries to investigate what it described as “war crimes.”

For example, on October 4, Human Rights Watch reported “Armenian forces” struck Ganja, Azerbaijan’s second largest city located about 28 miles from the areas involved in active fighting at the time. Azerbaijani government officials reported one civilian was killed and 32 injured as a result of the missile strike. On October 17, another Armenian missile struck Ganja, killing 14 civilians.

On October 30, Human Rights Watch reported that on October 28, Armenian or separatist forces fired cluster munitions from a Smerch installation, striking the Azerbaijani town of Barda, located approximately 10 miles east of the front. The Armenian Ministry of Defense denied allegations that Armenian forces had conducted the attack. It later published a list of military targets it claimed were located in Barda. The Azerbaijani government reported that 26 civilians were killed on October 27 and 28 in attacks on the city, including a humanitarian aid worker from Azerbaijan’s Red Crescent Society, confirmed by the International Committee of the Red Cross.

On November 2, the office of the UN High Commissioner for Human Rights criticized continuing attacks in populated areas in and around the Nagorno-Karabakh conflict zone. High Commissioner Michelle Bachelet noted that “homes have been destroyed, streets reduced to rubble, and people forced to flee or seek safety in basements.”

On December 11, Human Rights Watch documented 11 incidents in which “Armenian forces” used ballistic missiles, unguided artillery rockets, and large-caliber artillery projectiles, which Human Rights Watch reported resulted in the deaths and injuries of dozens of civilians.

Authorities reported 75 ethnic Armenian civilians were killed and 167 were wounded during the fighting. The Azerbaijani government reported 98 civilians killed and more than 400 wounded during the conflict.

There also was an outbreak of violence–including the exchange of fire using heavy weaponry and deployment of drones–at the international border between Azerbaijan and Armenia from July 12 to July 16. Recurrent shooting along the Line of Contact caused civilian deaths.

There was no progress in the investigation into the 2018 death of Armen Aghajanyan, who was found hanged in the Nubarashen National Center for Mental Health where he had been transferred from Nubarashen Penitentiary for a psychological assessment. His family believed Aghajanyan was killed to prevent his identification of penitentiary guards who beat him prior to his transfer to the hospital. One of the alleged attackers, Major Armen Hovhannisyan, was initially charged with torture and falsification of documents, but the trial court requalified his actions as exceeding official authority and released him on the basis of a 2018 amnesty. During the year the family appealed the decision to the court of appeal with no success. The investigation into the death continued.

During the year hearings continued into a high-profile case against former officials for their alleged involvement in sending the military to break up protests following the 2008 presidential election, in which eight civilians and two police officers were killed. Charges filed in this and associated criminal cases included allegations of overthrowing the constitutional order, abuse and exceeding official authority, torture, complicity in bribery, official fraud, and falsification of evidence connected with the investigation of the 2008 postelection events.

High-profile suspects in the cases included former president Robert Kocharyan, former minister of defense Mikhail Harutyunyan, former deputy minister of defense Yuri Khachaturov, former defense minister Seyran Ohanyan, former chief of presidential staff Armen Gevorgyan, former police chief Alik Sargsyan, former prosecutor general Gevorg Kostanyan, and others. In July 2019 Kocharyan was charged with overthrowing the constitutional order in connection with the violent suppression of protests in 2008. On June 19, Kocharyan, who also faced corruption charges, was released after paying two billion drams bail (approximately four million dollars). As of May 19, the case against Gegham Petrosyan, a former deputy police commander charged in June 2019 with the murder of Zakar Hovhannisyan during suppression of the protests remained under investigation.

In September family members of victims of the postelection violence in 2008 announced they would refuse to attend further court hearings, given that two years into the trial, the court had not yet started discussing the merits of the case, following countless motions and appeals, often similar, by the defense. The families accused the defense of purposely dragging out the process and blamed the Prosecutor General’s Office for turning the trial into a farce and not taking effective measures to move the case forward.

b. Disappearance

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

The International Committee of the Red Cross (ICRC) processed cases of persons missing in connection with the Nagorno-Karabakh conflict and worked with the government to develop a consolidated list of missing persons. According to the ICRC, approximately 4,500 Armenians and Azerbaijanis remained unaccounted for as a result of the conflict in the 1990s. According to police, as of 2019 a total of 867 Armenians were missing from the conflict in the 1990s. On December 15, the ICRC reported it had received thousands of calls and visits from families of individuals missing and received hundreds of tracing requests for civilians and soldiers connected with the fall fighting. At year’s end the government was working to clarify the number missing.

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

The constitution and law prohibit such practices. Nevertheless, there were reports that members of the security forces continued to torture or otherwise abuse individuals in their custody. According to human rights lawyers, while the criminal code defines and criminalizes torture, it does not criminalize other cruel, inhuman, and degrading treatment. There were no convictions of officials for torture since the 2015 adoption of a new definition of torture in the criminal code.

According to human rights activists, impunity for past instances of law enforcement abuse continued to contribute to the persistence of the problem. Furthermore, observers contended that the failure to prosecute past cases was linked to the lack of change in the composition of law enforcement bodies since the 2018 political transition, other than at the top leadership level.

On May 22, the Helsinki Citizens Assembly-Vanadzor published a report on torture and degrading treatment, the third of a series of reports on the human rights situation in the country under the state of emergency to combat COVID-19. In the period covered by the report (March 16 to May 16), the Helsinki Citizens Assembly-Vanadzor received eight complaints from citizens alleging police had subjected them to degrading treatment, torture, or physical and psychological violence. According to the report, these numbers exceeded the number of similar cases registered under normal circumstances and indicated that some police officers took advantage of their broadened authorities under the state of emergency. There were no reports of police officers being held responsible for these wrongdoings.

On September 13, weight-lifting champion Armen Ghazaryan filed a police report stating that police officers from Yerevan’s Nor Nork district had kidnapped and tortured him. According to the report, which he provided to the media, on September 6, Ghazaryan was outside an acquaintance’s home in Yerevan when he witnessed plainclothes police officers apprehending a person. When he asked the officers what they were doing, he was “kidnapped” by the officers in their personal car. According to Ghazaryan, they told him they would “break him too, fold him up,” while beating him and cursing. Ghazaryan said that he later discovered the officers had detained the other man due to a personal dispute involving one of the officers. While in the police station, Ghazaryan was beaten by a group of officers, heard sounds of beatings coming from another room, and was subjected to degrading and inhuman treatment. He said the beating made it hard for him to breathe and that he was not sure he would make it out of the station alive. He was released after three hours, after being forced to sign papers he was not permitted to read. A medical examination indicated chest and lung injuries. Ghazaryan reported that after he filed a police report, employees of the Nor Nork police department began pressuring him to recant his testimony, threatening to frame him if he did not. Ghazaryan said that he was more shocked by the level of impunity the officers believed they enjoyed than by the violence done to him. On September 17, the SIS announced that it had opened a criminal case on charges of torture and, on September 25, announced it had arrested three officers on torture charges and the department chief on charges of abuse of authority for trying to interfere with the internal investigation following Ghazaryan’s complaint. On December 15, SIS forwarded the case against the three officers, who remained under pretrial detention, to the trial court on charges of torture. On November 30, authorities dropped the charges against the chief of the department, citing his repentance.

There were reports of abuse in police stations, which, unlike prisons and police detention facilities, were not subject to public monitoring. Criminal justice bodies continued to rely on confessions and information obtained during questioning to secure convictions. According to human rights lawyers, procedural safeguards against mistreatment during police questioning, such as inadmissibility of evidence obtained through force or procedural violations, were insufficient. According to human rights lawyers, the videotaping in police stations was not effective in providing safeguards against abuse, given that the same police stations had control over the servers storing the recordings and were able to manipulate them.

There was no progress in the investigation of the April 2019 death of Edgar Tsatinyan, who died in a hospital after having been transferred from Yerevan’s Nor Nork Police Department, where he had been in custody. Tsatinyan died of a drug overdose after swallowing three grams of methamphetamine, with which police reportedly intended to frame him after he refused to confess to a murder. The investigation of the torture charges launched by SIS in April 2019 remained underway; no suspects had been identified as of year’s end.

The trial of the former chief of the internal police troops, Lieutenant General Levon Yeranosyan, on charges of exceeding official authority committed with violence and leading to grave consequences during the 2018 postelection violence against protesters continued at year’s end.

There were no reports regarding the scale of military hazing in the army and whether it constituted torture. According to the NGO Peace Dialogue, the lack of legislative clarity concerning the functions and powers of military police as well as a lack of civilian oversight mechanisms, made it possible for military police to employ torture and other forms of mistreatment against both witnesses and suspects in criminal cases.

On September 9, Syunik regional trial court judge Gnel Gasparyan made an unprecedented decision, ruling in the case of Artur Hakobyan that investigators had failed to carry out a proper investigation into Hakobyan’s torture claims. The judge ruled that investigators should undertake a psychological assessment of the victims that adhered to provisions in the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commonly known as the Istanbul Protocol. In 2015 Hakobyan had been released from the army early due to a mental disorder. According to his family and lawyer, Hakobyan was in good mental health before joining the army but experienced deep psychological trauma as a result of torture and abuse. In January 2019 the Court of Cassation recognized there had been a violation of Hakobyan’s right to freedom from torture, but, up to the September 9 trial court decision, the case had been stalled due to continuing appeals and counterappeals.

As of year’s end, authorities had not reported any arrests linked to alleged abuses.

Prison and Detention Center Conditions

Prison conditions were marked by poor sanitation, inadequate medical care, and predation by hierarchical criminal structures (“thieves-in-law”), and in some cases they were harsh and potentially life threatening. Overcrowding was no longer a problem at the prison level but still existed at the cell level in Nubarashen Prison.

Physical Conditions: According to the Prison Monitoring Group (PMG), a coalition of local NGOs, prison renovations underway since 2019 had not resulted in major improvements for inmates. Conditions in Nubarashen Prison, one of the country’s 12 penitentiaries, in some cases were harsh and potentially life threatening. Human rights observers and the PMG also continued to express concern regarding the physical conditions of Armavir Penitentiary, which did not have an air ventilation or cooling system, which allowed recorded cell temperatures as high as 113 degrees Fahrenheit in past summers. Some efforts were made to improve ventilation during the year, but they were piecemeal. On June 18, the minister of justice announced there was a criminal case in progress to investigate why a ventilation system had not been built, despite inclusion in the original Armavir construction plan.

According to the ombudsman and the PMG, impunity related to the deaths of inmates and the lack of a systemic approach to their prevention continued to be one of the most significant human rights problems in prison. There were no investigations into the circumstances of deaths due to illness, such as whether an illness was acquired due to incarceration or if the illness had been preventable or treatable. Nonetheless, the government reported improvements in medical treatment during the year, including more rapid access to treatment, and stated that despite COVID-19 risks, there were only five prison deaths (none due to COVID-19), in contrast to 21 deaths in 2019.

There was no progress in the government’s investigation into the January 2019 death of Mher Yeghiazaryan, the deputy chairman of the Armenian Eagles: United Armenia Party, nine days after he ended a hunger strike at Nubareshen Prison.

The Ombudsman’s Office and the PMG continued to note the need for better psychological services in prisons. According to the PMG, there was a shortage of psychologists on staff and hundreds of inmates in need of care. The PMG linked the absence of psychological care to numerous instances of self-mutilation and suicide. According to research published by the PMG on April 15, the number of patients per psychologist, overwhelming amounts of paperwork, and inappropriate working conditions, as well as the ambiguous role of prison psychologists, contributed to the failure of psychological services and led to burn out among the few existing specialists. The ombudsman criticized the practice of punishing inmates who self-mutilated instead of providing them with appropriate medical and psychological care.

The government reiterated its zero-tolerance policy towards corruption in prisons and expressed its determination to root out the organized hierarchical criminal structure dominating prison life, in which select inmates (called “watchers”) at the top of the informal prison hierarchy controlled the inmate population and prison life. Serious gaps in prison staffing both led to and exacerbated the situation, as prison officials relied on the watchers to keep order.

According to some reports, the government’s efforts to combat the criminal hierarchy at times led to the violation of prisoners’ human rights. On August 24, the president of the NGO Journalists for Human Rights, Zhanna Alexanyan, reported that masked men had abused three inmates located in a cell at the Nubarashen Penitentiary. In later reports, the wife of one of those beaten said that approximately 10 to 12 masked persons used their hands, feet, batons, and a Taser to abuse the three inmates.

The Ministry of Justice spokesperson stated on August 24 that unplanned searches were occasionally carried out in the penitentiaries to find prohibited items and that penitentiaries had the right to use proportionate physical force in cases of noncompliance or obstruction of official legal demands. In response the Ombudsman’s Office and the PMG visited inmates and reported violations of their rights, including numerous bodily injuries, which were initially recorded as resulting from falling from a bed. In a special report to the Ministry of Justice, the PMG noted this was one of the worst cases of inmate abuse it had witnessed in several years. The PMG also reported what it believed was a crime to the Prosecutor General’s Office. On September 4, the PMG received information that SIS had open a criminal case into an incident of exceeding official authority with violence.

On August 31, SIS reported the arrest of former Nubarashen Penitentiary chief Samvel Mkrtchyan for his role in arranging and covering up the February attack on inmate Vahagn Abgaryan. Mkrtchyan was released on September 2 after a trial court refused to satisfy the SIS motion for pretrial detention. Mkrtchyan was charged with fraud and abuse of power for the February 24 beating of Abgaryan (reportedly a member of the criminal hierarchical system) by other inmates. To hide the circumstances of the attack, which according to earlier official reports was instigated by orders from “criminal authorities” from abroad, Mkrtchyan instructed employees to report that Abgaryan had slipped exiting the bathroom. Other penitentiary employees were also arrested in the case.

According to observers, political will at the highest level to eradicate corruption in the penitentiaries had not yet been translated into institutional change, despite the punishment of individual staff for corruption. Experts assessed that corruption was likely to continue as long as the criminal subculture continued to exist.

Since September 2019 the Penitentiary Medicine Center, a state noncommercial organization reporting to the Ministry of Justice, provided medical care in penitentiaries. Nevertheless, health-care services in prisons remained understaffed and poorly equipped, and there were problems with access to specialist care. There was also a shortage of specialized medication despite a threefold increase in the budget for medication in prisons since 2018. In some cases inmates had to rely on family members to bring them specific medications or medications that were more effective than ones provided by the penitentiaries.

Most prisons continued to lack accommodations for inmates with disabilities.

According to the PMG and other human rights organizations, lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals continued to experience the worst prison conditions. Prison administrators reinforced and condoned abusive treatment and held LGBTI individuals in segregated cells in significantly worse conditions. The PMG noted that homosexual men or those assumed to be homosexual, those associating with them, and inmates convicted of crimes such as rape, as well as those who refused to live by the “unwritten prison rules,” were segregated from other inmates and forced to perform humiliating tasks, such as cleaning toilets, picking up trash for other prisoners, and providing sexual services. Food preparation and cutlery for these prisoners was kept separate, they had a separate laundry machine, and even a separate solitary confinement cell.

On April 3, an advisor to the Prosecutor General’s Office announced that the prosecution would apply to the courts to change the detention measures of 20 defendants who were in a high-risk group for COVID-19 complications.

Administration: Authorities did not conduct prompt investigations into credible allegations of mistreatment.

Convicts and detainees did not always have reasonable access to visitors due to the lack of suitable space for visits. Visits during the year were also limited due to the COVID-19 pandemic.

Independent Monitoring: The government generally permitted domestic and international human rights groups, including the Council of Europe’s Committee for the Prevention of Torture, to monitor prison and detention center conditions, and they did so regularly. Authorities allowed monitors to speak privately with prisoners and permitted the ICRC to visit prisons and pretrial detention centers.

There were limits, however, to independent monitoring by domestic groups. The Ministry of Justice continued to deny PMG monitors access to those individuals in whose cases the investigation body had put a restriction on communication. The PMG was also unable to check the conditions of confinement for those individuals. The PMG asserted the restriction was arbitrary and that the investigation body’s decision should not apply to the PMG. Furthermore, on November 19, the PMG criticized the Ministry of Justice for the March 20 adoption of a new decree regulating PMG activities, which contradicted prior agreements. According to a PMG statement, the decree added further restrictions to their activities, such as a new requirement to obtain permission from the prison administration before visits during nonworking hours.

During the 2019-20 academic year, the Ministry of Justice Center for Legal Education and Rehabilitation Programs (CLERP) provided secondary education to 11 students at Abovyan and Armavir Prisons. After COVID-19 pandemic restrictions led authorities to stop providing in-person education, CLERP was retasked with providing online secondary education to inmates younger than 19.

The government made some progress in tackling corruption during the year and improved food provision in all penitentiaries. In January, to address corruption as well as staff shortages in prisons, the government increased the salaries of penitentiary officers by 30 percent. On January 22, the National Assembly adopted amendments to criminalize criminal subculture, also known as “thieves-in-law,” a set of hierarchical criminal groups. Under the new law, “creating or leading a criminal subculture group” is punishable by five to 10 years in prison and confiscation of assets. “Membership” or “participation” in a group is punishable by four to eight years of imprisonment and possible confiscation of property. The definition of what constitutes a group is broad, allowing members to be arrested, even if they have not committed a crime.

During the year the prison food pilot program that was initially launched at two penitentiaries was expanded to cover all 12 penitentiaries in the country. According to the PMG, the quality of food provided to prisoners improved, with breakfasts, lunches, and dinners prepared daily on the premises of the penitentiaries by specialized chefs. To ensure variety, the contracted company offered a new menu every week, while maintaining the dietary quality, caloric value, and other criteria approved by prison wardens.

Observers reported significant improvements during the year in the early release and release on parole of prisoners sentenced to life imprisonment: 13 prisoners with life sentences were moved from high-security isolation wards to lower security wards (from closed to semiclosed type); eight were moved from semiclosed to semiopen facilities; and two were released on parole based on their good behavior while in prison.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. There were reports of arbitrary arrest during the year.

Arrest Procedures and Treatment of Detainees

By law an investigative body must either arrest or release individuals within three hours of taking them into custody. Within 72 hours the investigative body must release the arrested person or file charges and obtain a detention warrant from a judge. The law requires police to inform detainees of the reasons for their detention or arrest as well as their rights to remain silent, to legal representation, and to make a telephone call. Bail was a legal option. According to human rights lawyers, following the 2018 “Velvet Revolution” courts were initially less likely to apply pretrial detention, opting for other preventive measures such as bail and signed undertakings not to leave the country.

Since 2019, however, observers noted courts’ increasing tendency to fall back into the previous practice of applying pretrial detention, with suspects bearing the burden of proof to demonstrate they did not present a flight risk or would not hamper an investigation. Trial courts were more likely to deny bail and apply pretrial detention in ordinary criminal cases, while more frequently rejecting prosecution requests for pretrial detention in high-profile corruption cases involving former government officials, causing some observers to question the judges’ impartiality. Experts also noted that in high-profile cases, the prosecution often failed to present compelling cases for detention to the courts.

Defendants were entitled to representation by an attorney from the moment of arrest, and the law provides for a public defender if the accused is indigent. According to human rights observers, few detainees were aware of their right to legal representation. Observers indicated police at times avoided granting individuals their due process rights by summoning and holding, rather than formally arresting, them under the pretext that they were material witnesses rather than suspects. Police were thereby able to question individuals without giving them the benefit of a defense attorney. This practice was particularly evident in the regions.

Armenian and Azerbaijani officials alleged that soldiers on both sides remained detained following intensive fighting in the fall (also see sections 1.a., 1.b., 1.c., and the Country Reports on Human Rights Practices for Azerbaijan). As of year’s end, two exchanges resulted in the return of 57 ethnic Armenian detainees and 14 Azerbaijani detainees. ICRC representatives visited a number of the detainees and continued to work with the sides to develop accurate lists and encourage the exchange of remaining detainees.

Arbitrary Arrest: There were several reports of arbitrary arrest during the year. For example, on August 6, media outlets reported the detention and subsequent release of Helsinki Association for Human Rights chair Nina Karapetyants after she conducted a solo picket against the development of a gold mine, even though the state of emergency provisions did not prohibit solo actions. On the same day, police detained and later released a number of other human rights defenders and environmental activists, including the Helsinki Association’s lawyer, Ara Gharagyozyan, and Coalition to Stop Violence against Women coordinator Zaruhi Hovhannisyan, for demonstrating against the mine. According to police, those detained failed to obey legal demands made by police. In its annual report, the Helsinki Committee of Armenia noted an increase in arrests at public assemblies in the July 2019-June 2020 period and criticized the authorities’ decision to permit gatherings of up to five persons for cultural, entertainment, holiday, or commemorative events under COVID-19 emergency rules while not permitting groups of five for public protest.

Pretrial Detention: Lengthy pretrial detention remained a problem. Some observers saw investigators’ use of excessive pretrial detention as a means of inducing defendants to confess or to reveal self-incriminating evidence.

Although the law requires prosecutors to present a well reasoned justification every two months for extending pretrial custody, judges routinely extended detention on unclear grounds. Authorities generally complied with the six-month limit in ordinary cases and a 12-month limit for serious crimes as the total time in pretrial detention. Once prosecutors forward their cases to court for trial, the law does not provide time limits on further detention but indicates only that a trial must be of “reasonable length.” Prosecutors regularly requested and received trial postponements from judges. Prosecutors tended to blame trial delays on defense lawyers and their requests for more time to prepare a defense. Severely overburdened judicial dockets at all court levels also contributed to lengthy trials.

On January 21, the Ombudsman’s Office released a special report on the lack of mechanisms to ensure court system accountability for compliance with time standards or to obtain redress if a trial has not met the reasonable timeframe requirement. According to the report, 2019 data from the Supreme Judicial Council indicated 155 criminal and 1,628 civil cases in Yerevan alone had continued for more than two years, some for more than 10 years. A total of 1,123 such cases were handled by just seven judges.

On June 1, media outlets reported Armen Ghazaryan was acquitted by the court of appeals after spending six years and three months in detention on charges of robbery, kidnapping, and battery. After six years in pretrial detention, trial court judge Gagik Petrosyan had convicted him and sentenced him to 6.5 years in prison.

Although on March 24 the Supreme Judicial Council ruled that measures such as the use of online communications tools must be adopted to ensure that trials continued during the COVID-19 pandemic, trial delays continued. According to the joint monitoring report of the NGOs Helsinki Association for Human Rights and Human Rights Power, a number of courts faced significant delays, apparently due to a lack of technical preparedness; the sessions that were delayed included those devoted to the discussion of urgent matters such as detention measures. The law does not allow for telecommunication measures in criminal cases, and according to observers, delays in such cases were mostly due to the failure of the judges and the prosecutors to appear in court.

Detainees Ability to Challenge Lawfulness of Detention before a Court: According to legal experts, suspects had no practical opportunities to appeal the legality of their arrests. In cases where the courts ruled on a pretrial detention, another court was unlikely to challenge its ruling.

e. Denial of Fair Public Trial

Although the law provides for an independent judiciary, the judiciary did not generally exhibit independence and impartiality. Popular trust in the impartiality of judges continued to plummet, while civil society organizations highlighted that the justice sector retained many officials who served the previous authorities and issued rulings consistently favorable to them. Corruption of judges remained a concern. During the year NGOs continued to report on judges who had acquired significant amounts of property and assets that were disproportionate to their salaries, and they noted that the absence of vetting of all standing judges based on objective criteria–particularly of those in the Supreme Judicial Council and Constitutional Court–undermined the integrity of the judiciary.

According to human rights lawyers and other observers, after the 2018 political transition, and on numerous occasions during the year, courts released from detention or refused to issue detention orders for former officials standing trial for major corruption, embezzlement, and other charges. These lawyers noted former president Robert Kocharyan was released on bail in June and that the former chief of the internal police troops, Lieutenant General Levon Yeranosyan, was released with a promise not to leave the country when they charged him with exceeding official authority. By contrast, less famous individuals have been held for lengthy periods in pretrial detention.

On April 20, a group of civil society organizations criticized the mechanisms to check the integrity of judicial candidates that were adopted by the National Assembly on March 25. According to the statement, the extremely limited scope of the integrity review was fundamentally disappointing, as it will be conducted only for candidates for Constitutional Court judgeships, prosecutors, or investigators, but not for serving judges, prosecutors, or investigators. The government responded that the mechanisms would enable a gradual transition.

Following widespread concerns about the impartiality of Constitutional Court judges appointed under the former regime, the National Assembly in June approved constitutional amendments requiring all Constitutional Court judges who had served 12 years or more to retire, while those who had not yet met the 12-year tenure limit would continue to serve on the court. Under the amendments, court chair Hrayr Tovmasyan–who was widely viewed as beholden to political interests–was forced to step down although he continued to serve as a judge on the court, not yet having reached the 12-year limit. Parliament adopted the constitutional amendments the day before receiving Venice Commission recommendations. The amendments were mostly in compliance with Venice Commission recommendations but lacked a transitional period for the dismissal of judges. On September 15, the National Assembly approved three new Constitutional Court members, despite civil society concerns, especially regarding Yervand Khundkaryan and the Corruption Prevention Commission’s reported negative advisory opinion on him.

According to observers, administrative courts had relatively more internal independence but were understaffed and faced a long backlog.

Authorities enforced court orders.

NGOs reported judges routinely ignored defendants’ claims that their testimony was coerced through physical abuse. Human rights observers continued to report concerns regarding the courts’ reliance on evidence that defendants claimed was obtained under duress, especially when such evidence was the basis for a conviction.

Trial Procedures

The constitution and laws provide for the right to a fair and public trial, but the judiciary did not enforce this right.

The law provides for presumption of innocence, but suspects usually did not enjoy this right. During trials authorities informed defendants in detail of the charges against them, and the law requires the provision of free language interpretation when necessary. The law requires that most trials be public but permits exceptions, including in the interest of “morals,” national security, and the “protection of the private lives of the participants.” Defendants have the right to counsel of their own choosing, and the law requires the government to provide them with a public defender upon request. A shortage of defense lawyers sometimes led to denial of this right outside Yerevan.

According to human rights lawyers, in an illustrative example of a flawed trial, on September 23, Forrights.am reported that Tigran Badalyan, who had been in pretrial detention in Armavir Penitentiary for approximately a year, nailed his feet to the ground on the 29th day of a hunger strike he had undertaken to protest the charges against him. According to another media report, Badalyan allegedly found and sold five aluminum sheets in his village. He was later arrested and charged with stealing the aluminum and selling it for 15,000 drams ($30) and stealing 10,000 drams ($20) in cash from a neighbor. According to Badalyan’s lawyer, there was no evidence against Badalyan, no witnesses, and even the owner of the stolen cash and aluminum did not believe Badalyan was the culprit. According to the lawyer, police suspected him due to a prior conviction (unrelated to theft), for which he served a conditional sentence. On September 25, trial court judge Tatul Janibekyan found Badalyan guilty and sentenced him to four years in prison.

The law provides that defendants may confront witnesses, present evidence, and examine the government’s case in advance of a trial, but defendants and their attorneys had very little ability to challenge government witnesses or police, while courts tended to accept prosecution materials routinely. In particular the law prohibits police officers from testifying in their official capacities unless they were witnesses or victims in a case. Judges were reluctant to challenge police experts, hampering a defendant’s ability to mount a credible defense. Judges’ control over witness lists and over the determination of the relevance of potential witnesses in criminal cases also impeded the defense. Defense attorneys complained that judges at times did not allow them to request the attendance at trial of defense witnesses. According to lawyers and domestic and international human rights observers, including the Council of Europe’s human rights commissioner, the prosecution retained a dominant position in the criminal justice system. Human rights organizations reported there were insufficient provisions for prosecutorial impartiality and accountability and no objective criteria for the nomination and selection of candidates for general prosecutor.

Defendants, prosecutors, and injured parties have the right to appeal a court verdict and often exercised it. In an example of a trial that even the victim’s family deemed unjust to the accused, criminal proceedings–originally opened in 2013–against Karen Kungurtsev for the alleged killing of Davit Hovakimyan, continued during the year. A 2018 Court of Cassation order returned the case to trial court and released Kungurtsev on bail. Kungurtsev was originally acquitted in 2015, but in 2017 the criminal court of appeal reversed the acquittal and sentenced him to seven years in prison. The victim’s family and the Helsinki Association for Human Rights continued to support Kungurtsev’s claim of innocence, asserting that Hovakimyan’s real killer was the son of a National Security Service (NSS) official who had used his position to influence police and prosecutors to investigate Kungurtsev. Since the resumption of the trial in 2018, two key witnesses in the case apologized to Kungurtsev and the victim’s father for providing false testimony six years earlier under pressure from law enforcement officers and gave potentially exonerating testimony in support of Kungurtsev.

The prosecutor in charge of the current trial insisted on hearing all the witnesses in the case, which led to further delays as most of them were outside the country. According to Kungurtsev’s lawyer, the two prosecutors in charge of the initial (preliminary) examination of the case failed to manage the investigation and trial correctly but were subsequently promoted to high positions within the prosecutorial system. He assessed the prosecutors were personally interested in pushing the case forward to avoid facing responsibility for their actions.

Political Prisoners and Detainees

There were no credible reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Although citizens had access to courts to file lawsuits seeking damages for alleged human rights violations, the courts were widely perceived as corrupt. Citizens also had the option of challenging in Constitutional Court the constitutionality of laws and legal acts that violated their fundamental rights and freedoms. According to lawyers, lower courts did not adhere to precedents set by the Court of Cassation, the ECHR, and the Constitutional Court. As a result, lower courts continued to carry out the same legal mistakes.

Citizens who exhaust domestic legal remedies may appeal cases involving alleged government violations of the European Convention on Human Rights to the ECHR. The government generally complied with ECHR awards of monetary compensation but did not meaningfully review cases on which the ECHR had ruled. When ruling on a case to which a prior ECHR decision applied, courts often did not follow the applicable ECHR precedent.

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

The constitution prohibits unauthorized searches and provides for the rights to privacy and confidentiality of communications. Law enforcement organizations did not always abide by these prohibitions.

Authorities may not legally wiretap telephones, intercept correspondence, or conduct searches without obtaining the permission of a judge based on compelling evidence of criminal activity. The constitution, however, stipulates exceptions when confidentiality of communication may be restricted without a court order when necessary to protect state security and conditioned by the special status of those in communication. Although law enforcement bodies generally adhered to legal procedures, observers claimed that certain judges authorized wiretaps and other surveillance requests from the NSS and police without the compelling evidence required by law. By contrast there were no reports that courts violated legal procedures when responding to such authorization requests from the SIS, the Investigative Committee, and the State Revenue Committee.

On March 31, the National Assembly amended the law on the Legal Regime of State of Emergencies permitting the use of cell-phone data to track COVID-19 cases and requiring telecommunications companies to provide authorities with telephone records. Authorities may use the data to identify, isolate, require self-isolation, or monitor anyone infected with COVID-19 or those who have been in close contact with infected persons. Health-care providers are obliged to report data to authorities on “people tested, infected, persons having disease symptoms, persons treated in hospitals, or persons who had contacts with the patient.”

The amendments raised societal and international concerns about privacy as well as the security of collected data and questions about the identity of the software developers. According to a September 23 report on Civilnet.am, data tracking was suspended with the end of the state of emergency on September 11 and parliamentarians were notified to be present at the destruction of the digital data collected, scheduled by law to take place within two weeks after the end of the state of emergency.

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; while the government generally respected this right, it restricted it in the COVID-19-related state of emergency and war-related declaration of martial law.

Freedom of Speech: Individuals were free to criticize the government without fear of reprisal. On April 15, the National Assembly amended the criminal code to criminalize public calls for violence. Penalties for violations include a fine of 50,000 or 100,000 drams ($100 to $200), detention for up to two months, or imprisonment for up to one month. The law is stricter for officials, who may be deprived of the right to hold office. Sexual and gender identity is not among the protected grounds enumerated in the law.

Freedom of Press and Media, Including Online Media: During the first month of the state of emergency introduced on March 16 to curb the COVID-19 pandemic, the government imposed restrictions on media, setting administrative fines for posting or publishing information on the pandemic that did not reflect reports from official government sources. The government justified the measure as needed to prevent panic and the potential spread of misinformation during the state of emergency. As a result, police officers conducted a spate of visits to the editorial offices of various media outlets, forcing them to remove certain articles under threat of fines.

Media representatives, along with local and international media watchdogs, criticized the move. The Organization for Security and Cooperation in Europe (OSCE) representative on freedom of the media stated: “Publishing only information provided by the authorities is a very restrictive measure which would limit freedom of the media and access to information disproportionately.” Similar views were expressed by Reporters without Borders, which stated, “control of information does not help in the fight against the epidemic but rather spreads gossip and fear.” On April 13, the government lifted all COVID-related restrictions on media.

Following the outbreak of fighting beginning September 27, the government declared martial law. Martial law restrictions included a requirement that local media outlets and broadcasters provide only official government information regarding military activity. Subsequent amendments adopted to the decree on martial law in October banned the publication of reports criticizing the government’s handling of the conflict, refuting actions of state and local government bodies and officials taken in the context of martial law and state security, and questioning or deprecating the effectiveness of those actions “in any way.”

Media outlets in general lacked diversity of political opinion and objective reporting. Private individuals or groups, most of whom were reportedly tied to the former authorities or the largest parliamentary opposition party, owned most broadcast media and newspapers, which tended to reflect the political leanings and financial interests of their proprietors. Broadcast media, particularly public television, remained one of the primary sources of news and information for the majority of the population. According to some media watchdogs, public television, which underwent leadership change during the year, continued to present news from a progovernment standpoint. On several occasions independent media experts expressed concern about cases of bias on public television, claiming such bias was especially obvious during critical political debates and coverage of developments. Nonetheless, public television was largely balanced and open and accessible to opposition voices and continued to cover more diverse topics of public interest than prior to the 2018 revolution.

Social media users freely expressed opinions concerning the government and former authorities on various social media platforms. Use of false social media accounts and attempts to manipulate media, however, continued to increase dramatically during the year. According to media watchdogs, individuals used manipulation technologies, including hybrid websites, controversial bloggers, “troll factories,” anonymous Telegram channels, and fictional Facebook groups and stories, to attack the government. There was a particular spike in misinformation on COVID-19-related topics, which led to stronger fact-checking efforts by a number of journals and other local organizations.

The country’s few independent media outlets, mostly online, were not self-sustainable and survived only through international donations and support, with limited revenues from advertising and subscription fees.

Media company ownership was mostly nontransparent. The country’s Fourth Action Plan of Open-Government Partnership Initiative of the Republic of Armenia (2018-2020) included commitments to improve ownership disclosure. The July 17 Law on Audiovisual media that replaced the Law on Television and Radio did not foster ownership transparency.

The government maintained a de facto monopoly on digital broadcasting multiplex, while most channels represented the views of the previous government. Some 10 regional television stations remained at risk of closure due to a drop in viewership and advertising. According to local media watchdogs, the July 17 Law on Audiovisual media did not provide a realistic path for the creation of private multiplexes, did not solve the issue of digital broadcasting for regional television stations, and did not reform outdated television licensing procedures.

Violence and Harassment: The local NGO Committee to Protect Freedom of Expression reported two cases of violence against reporters in the first nine months of the year. In one case, on June 16, journalists were injured in a scuffle near the NSS building. News.am news correspondent Liana Sargsyan, Tert.am journalist Ani Ghorgyan, Yerkir.am correspondent Tatik Kostandyan, Kentron TV journalist Arthur Hakobyan, and MegaNews.am website editor Margarita Davtyan said that they incurred injuries while covering a protest by supporters of Prosperous Armenia Party head and National Assembly member Gagik Tsarukyan in front of the NSS building. Local media organizations condemned the violence against media representatives performing their professional duties and demanded that police conduct an investigation into the incident. Since the events were taking place during the state of emergency to prevent the spread of COVID-19, media organizations urged outlets to refrain from exposing their staff to crowds while covering mass gatherings and to provide clear security instructions if this was not possible.

There were cases of current or former officials impeding the work of journalists or attempting to do so. For example, on August 8, former chief of police Vladimir Gasparyan obstructed the work of a Radio Free Europe/Radio Liberty Armenian Service crew working on a report about government plans to dismantle some private houses illegally constructed near Lake Sevan. Gasparyan, who was already facing charges for abuse of office, fraud, and embezzlement, drove his vehicle towards the two reporters and reportedly came close to hitting them as they filmed near the lakeside area where his house was located. Gasparyan then threatened the reporters, saying “I’ll shoot you” and “I’ll slaughter you.” Using epithets, the former police chief demanded that the reporters not show his house in their report. Police opened a criminal case into the incident on charges of obstructing journalistic activity.

On December 1, police reportedly interfered with the work of journalists and attempted to detain Yerkir Media TV cameraman Hayk Sukiasyan during a protest against the government’s agreement to a Russia-brokered peace agreement between Armenia and Azerbaijan.

There also were reports of intimidation of journalists by law enforcement bodies. For example, on July 3, police visited ArmNews and Channel 5 television stations, which were affiliated with the former government, purportedly with the aim of initiating administrative proceedings against them because their personnel were not wearing masks on air. Media watchdogs condemned the actions as abuse of power, exhorted law enforcement officials to refrain from interfering with media activities, advocated loosening pandemic-related restrictions on media outlets, and called on outlets not to violate state of emergency regulations, given their role in protecting the health of both the public and their employees.

Libel/Slander Laws: Media experts noted a decrease in the number of libel and defamation cases against media outlets by lawmakers, former officials, and others during the year. According to the Committee to Protect Freedom of Expression, 55 cases were filed with the courts during the first nine months of the year.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events, and the government expressly supported academic freedom.

Observers criticized some government officials for nepotism in connection with appointments to public educational institutions. One prominent case involved the appointment of Diana Galoyan as rector of the State University of Economics. After allegations arose that parts of her doctoral thesis were plagiarized, the Higher Qualifying Committee (the government body responsible for reviewing doctoral qualifications) overturned the 2015 decision granting her a doctorate. The previous acting rector resigned over a similar issue. The Higher Qualifying Committee chairman, Smbat Gogyan, asserted that the deputy minister of education acted as Galoyan’s patron. Gogyan submitted his resignation over the case in May, but it was not accepted. On August 17, the Ministry of Education revoked the annulment of Galoyan’s doctoral thesis and degree, thereby removing the obstacle to her appointment as rector.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association. The government generally respected these rights but restricted assembly under the COVID-19-related state of emergency and conflict-related imposition of martial law.

Freedom of Peaceful Assembly

Freedom of assembly was restricted during the state of emergency introduced on March 16 to curb the COVID-19 pandemic. The curbs remained in force until August 12, when the government lifted most restrictions on freedom of assembly, permitting demonstrations, marches, and rallies so long as participants wore masks and observed social distancing requirements.

Freedom of assembly also was restricted under martial law, which was imposed on September 27 after the outbreak of fighting with Azerbaijan. Martial law restrictions included a ban on rallies. Although the restrictions were officially lifted on December 2, on December 21, Goris mayor Arush Arushanyan was arrested on charges of organizing an illegal rally, according to his lawyer. Arushanyan had called on local citizens to block roads to the Syunik region to prevent a visit by the prime minister, as a result of which the official visit was curtailed. The following day Yerevan’s trial court ruled the arrest unlawful, and Arushanyan was released.

From November 11 through the end of the year, the opposition held rallies and other protest actions throughout Yerevan demanding the resignation of Prime Minister Pashinyan. Prior to the lifting of the ban on assemblies on December 2, police occasionally detained opposition leaders and rally participants for violating martial law provisions. While some claimed the detentions were politically motivated, human rights NGOs largely dismissed the claims.

According to the monitoring report of the Helsinki Committee of Armenia, for the period from July 2019 through June, protection of freedom of assembly decreased compared with its monitoring report covering July 2018 to June 2019. According to the report, police actions were inconsistent in the strictness of their application of the ban on meetings and varied depending on who protest organizers were and the issue they raised. Separately, the report also noted that organizers and participants of certain rallies continued the use of hate speech aimed at a person’s gender identity, sexual orientation, or religious views.

According to civil society organizations, there was no progress in establishing accountability for police use of disproportionate force against protesters during the largely peaceful protests of 2018.

Freedom of Association

The constitution and law provide this right, and the government generally respected it. The law limits the legal standing of NGOs to act on behalf of their beneficiaries in court to environmental issues. The limitations contradict a 2010 Constitutional Court decision that allowed all NGOs to have legal standing in court.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation; the government generally respected these rights but restricted them in response to the COVID-19 pandemic.

In-country movement: Through April 23, internal travel was restricted, with interregional travel banned and travel within cities permitted only for a limited number of reasons. Internal movement was subsequently not restricted.

Foreign Travel: On February 24, the government closed the country’s border with Iran to individual travelers due to the COVID-19 epidemic. Armenia and Georgia jointly closed their border on March 14. Only citizens and a few restricted categories of foreigners were permitted to enter the country by air until the restriction was lifted on August 12. Land borders, however, remained closed through the end of the year. The entry restrictions and land border closure affected asylum seekers and refugees.

e. Status and Treatment of Internally Displaced Persons

As of December 2018, according to the Internal Displacement Monitoring Center, approximately 8,400 internally displaced persons (IDPs) of the estimated 65,000 households evacuated in 1988-94 were still living in displacement. Some of the country’s IDPs and refugees lacked adequate housing and had limited economic opportunities. The government did not have specific programs and policies aimed at promoting the safe, voluntary, dignified return, resettlement, or local integration of IDPs. According to the government, the fall fighting displaced approximately 100,000 individuals, although some reportedly returned.

f. Protection of Refugees

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

Abuse of Migrants, Refugees, and Stateless Persons: There were reports of nonsystemic discrimination in the acceptance of applications and in detention of asylum seekers based on the country of origin, race, or religion of the asylum seeker, as well as difficulties with integration. Civil society contacts reported discriminatory attitudes and suspicion directed towards foreign migrants seeking employment.

During the year, seven foreigners seeking asylum were arrested for illegal entry after crossing the border by land or air. Despite a provision in the law exempting asylum seekers from criminal liability for illegal border crossing, authorities required them to remain in detention pending the outcome of their asylum applications or to serve the remainder of their sentences.

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. During the COVID-19 state of emergency, an electronic asylum system was introduced. While processing cases of individuals in detention was suspended, processing of other cases continued. Remote interpretation (partially funded by UNHCR) was made available when needed, and consideration of most asylum claims was reported to be fair. The law accounts for specific needs of children, persons with mental disabilities, and trauma survivors and allows detention centers to receive asylum applications. The law was generally enforced to the extent resources allow. Refugees who are not ethnic Armenians may apply for facilitated naturalization, which requires passing a constitutional knowledge test. Such citizenship, however, was rarely granted.

During the COVID-19 state of emergency, there were at least two cases in which individuals who sought asylum were turned away at the border crossing with Iran. As of year’s end, 12 asylum seekers were detained, including four from Iran and two from Azerbaijan.

Shortcomings in asylum procedures included limited state funding for interpreters and deficiencies in training and capacity of eligibility determination officers, with no sustainable quality assurance mechanism and a lack of professional development of staff. Judicial practices continued to improve but were inconsistent; judges who received training on refugee and asylum law issued better quality decisions than those without such training. Asylum-related cases continued to be assigned to judges lacking in-depth knowledge of relevant law, in the absence of a system to assign specific cases to specialized judges. Judicial review remained a lengthy process as judges remained overloaded with cases. Outcomes depended upon individual judges, and there was a lack of consistency in decisions across judges. The courts generally drew more attention to the merit of asylum applications and used country of origin information more systematically than in prior years.

Authorities continued to offer ethnic Armenians from Syria who remained in the country a choice of protection options, including expedited naturalization, a residence permit, or refugee status. Quick naturalization gave persons displaced from Syria the same legal right to health care and most other social services as other citizens. Many of the countrywide reforms such as provision of increased social services, higher pensions, and more accessible health care also benefited refugees who became naturalized citizens.

While the quality of procedures and decision making for determination of refugee status improved over the last decade, concerns remained regarding adjudication of cases of asylum seekers of certain religious and gender profiles with non-Apostolic Christian and non-Armenian backgrounds.

Access to Basic Services: Many refugees were unable to work or receive an education while their cases worked their way through the legal system, despite legal provisions protecting these rights, due to a lack of job openings, difficulty in accessing opportunities, and language barriers.

Housing allocated to refugees was in limited supply, in poor condition, and remained, along with employment, refugees’ greatest concern. During the COVID-19 pandemic, the close quarters in the refugee center (a housing facility where some asylum seekers were accommodated) also gave rise to fears of infection, although no COVID-19 cases were reported in the center during the year. Many displaced families relied on a rental subsidy program supported by UNHCR and diaspora organizations. Authorities operated an integration house with places for 29 refugees and offered refugees accommodation free of charge during the first months after they acquired refugee status. Language differences created barriers to employment, education, and access to services provided for by law.

During the COVID-19 state of emergency, restrictions on internal movement and the closure of in-person services at government offices hampered access to basic services for individuals whose documents expired during this time. Although the government declared that expired documents would be considered valid until the end of the state of emergency, no instructions were issued to state authorities, including those responsible for medical care, social protection, and education, to accept the expired documents. Delayed access to services continued until the State Migration Service instructed duty officers to issue refugee certificates. Although refugees and asylum seekers were instructed to apply for support programs that the government created to assist persons during the state of emergency, many were found ineligible for technical and other reasons. Obtaining COVID-19 tests was reportedly problematic, with some individuals paying for their own tests while others did not receive their results and had to be retested. A total of 16 refugees (who lived in apartments, not the reception center) had tested positive as of August 10. Access to education for many refugees became difficult after the government suspended in-person education in March. Due to a lack of devices to access online programs, UNHCR provided 166 tablet computers to facilitate distance education throughout the year. Children were able to view educational programs on television.

Durable Solutions: The government accepted refugees for resettlement and offered naturalization to refugees residing on its territory. The SMS also offered integration programs to returnees from Western European countries who either voluntarily returned or were deported by the host country. As of January 1, there were 1,319 refugees who fled from Azerbaijan during the Nagorno-Karabakh conflict in the late 1980s and early 1990s. In November 2019 the government allocated 1.5 billion drams ($3.2 million) for permanent housing for up to 112 families who fled from Azerbaijan who were also granted citizenship along with the housing and thus no longer considered refugees. As of August, 106 applications had been approved and six refused. A second tranche of the program was approved in the spring for another 185 beneficiaries.

g. Stateless Persons

According to official data, as of August 10, there were 976 stateless persons, an increase from 929 in November 2019. The increase was believed to be related to the increasing number of citizens renouncing their Armenian citizenship with the aim of obtaining citizenship elsewhere, particularly in the Russian Federation. The whereabouts of these individuals was unknown, as many were believed likely to have entered the Russian Federation. There was no assessment to determine how many may have received another country’s citizenship. Authorities also considered approximately 1,400 refugees from Azerbaijan to be stateless as of July.

The law provides for the provision of nationality to stateless children born on the country’s territory.

Section 3. Freedom to Participate in the Political Process

The constitution and laws 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 2018 the country held snap parliamentary elections, preceded by a short and heated, but free and competitive, campaign with generally equal opportunities for contestants. Nikol Pashinyan’s My Step coalition won more than 70 percent of the vote and most seats in the National Assembly; the Prosperous Armenia and Bright Armenia parties also won seats, with 8.3 percent and 6.4 percent of the vote, respectively. The OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) 2018 preliminary and March 2019 final reports noted, “Early parliamentary elections were held with respect for fundamental freedoms and enjoyed broad public trust that needs to be preserved through further electoral reforms…The general absence of electoral malfeasance, including of vote buying and pressure on voters, allowed for genuine competition.” The final report noted, however, that although electoral stakeholders did not report any systematic efforts of vote buying and other electoral malfeasance, several interlocutors alleged that short-term contracting of a number of campaign workers and citizen observers was done, mainly by the Prosperous Armenia Party, possibly for the purpose of buying their votes.

ODIHR observers stated contestants “were able to conduct their campaigns freely; fundamental freedoms of association, assembly, expression and movement were fully respected.” At the same time, they emphasized that disinformation, as well as inflammatory exchanges between some candidates, on social networks, were noted during the campaign. Among the few issues that marred the electoral process, the observers noted, “The integrity of campaign finance was undermined by a lack of regulation, accountability, and transparency.” For example, organizational expenses such as for office space, communication, transportation, and staff were not considered election-related and therefore could remain unreported, “undermining the credibility of the reporting system and the transparency of information available to election stakeholders.” Other shortcomings highlighted by OSCE observers included the narrow legal standing for submitting electoral complaints.

On June 18, the National Assembly adopted amendments to the electoral code and other relevant laws, which transitioned the system for local elections from majoritarian to proportional representation. The amendments apply to communities with more than 4,000 voters and multisettlement communities. The amended law was a result of cooperation between the government and all three parliamentary factions aimed at elevating the role of political parties at the local level and enhancing the scope for their participation and development.

Political participation was sometimes marred by mutual personal insults between members of the ruling My Step faction and some opposition parties, which at times were followed by violence. For example, on May 8, verbal altercations led to violence on the National Assembly floor when My Step member of parliament Sasun Mikaelyan hit Edmon Marukyan, chair of the opposition Bright Armenia faction, leading to a scuffle between members. The prime minister denounced the violent incident but blamed the opposition, stating it provoked the ruling faction and was serving the former administration’s interests.

Political Parties and Political Participation: The law does not restrict the registration or activity of political parties.

Participation of Women and Members of Minority Groups: No laws limit participation of women and members of minority groups in the political process, but the patriarchal nature of society inhibited large-scale participation by women in political and economic life and in decision-making positions in the public sector. Women held 7 percent of ministerial positions, 9 percent of elected seats in local legislatures, and 23 percent of the elected seats in parliament. There were no female governors in the country’s 10 regions; the first female mayor was elected in 2018.

The OSCE’s reports on the 2018 parliamentary elections noted all candidate lists met the 25 percent gender-quota requirement and that women accounted for 32 percent of the 1,444 total candidates. The OSCE stated, however, that this quota did not provide for the same proportion of representation of women in parliament, as one-half of the seats are distributed according to preferential votes. Parties rarely featured women candidates in their campaigns; women only occasionally campaigned on their own and rarely appeared as speakers in rallies. Female parliamentarians and other female officials often faced gender-related insults, rather than content-based criticism.

There are government-mandated seats in parliament for the country’s four largest ethnic minorities: Yezidi, Kurdish, and the Assyrian and Russian communities. Four members of parliament represented these constituencies.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of official corruption. After the May 2018 “Velvet Revolution,” the government opened investigations that revealed systemic corruption encompassing most areas of public and private life. The government launched numerous criminal cases against alleged corruption by former high-ranking government officials and their relatives, parliamentarians, the former presidents, and in a few instances, members of the judiciary and their relatives, with cases ranging from a few thousand to millions of dollars. Many of those cases continued as of year’s end, and additional cases were reported regularly. The government also launched corruption-related cases against several current government officials.

Corruption: The country has a legacy of systemic corruption in many areas, including construction, mining, public administration, parliament, the judiciary, procurement practices, and provision of state assistance. There were allegations of embezzlement of state funds and involvement of government officials in questionable business activities. Combatting corruption continued to be a top priority for the government, and the government continued to take measures to eliminate corruption throughout the year. Authorities continued to adopt legal measures, such as civil forfeiture laws, integrity checks, new forms of asset declaration, and changes to the bank secrecy law, to institutionalize anticorruption measures. The government initiated criminal corruption cases in the tax and customs services, environmental and social affairs ministries, parliament’s urban development committee, and the judiciary.

On July 17, the Supreme Judicial Council upheld the motions of the Prosecutor General’s Office to detain Bankruptcy Court judges Ara Kubanyan and Gevorg Narinyan. Narinyan had been charged with multiple crimes, including illicit enrichment, money laundering, and presenting fake asset declarations, while Kubanyan had been charged with abuse of official authority. On July 21, the Supreme Judicial Council suspended the judges’ authorities while the investigation continued.

According to the Prosecutor General’s Office, as of June 30, enforcement bodies and tax services uncovered violations estimated to have caused 129 billion drams (almost $267 million) in damages to the state as a result of embezzlement, abuse of power, illicit enrichment, and bribery. Of this amount, 25 billon drams ($52 million) was reportedly paid to the state budget and assets in the amount of 26 billion drams ($55 million) were frozen or seized. NGOs continued to raise concerns regarding insufficient transparency in this process.

During the year former officials made public announcements of their intent to return assets to the state, allegedly to avoid prosecution. The process and criteria by which the government accepted or negotiated such arrangements remained unclear.

In June the State Revenue Committee (SRC) announced several criminal cases had been opened against Mikayel Minasyan, former president Serzh Sargsyan’s son-in-law, who served as Sargsyan’s first deputy chief of staff and ambassador to the Vatican. In March he was charged with illicit enrichment, false asset disclosure, and money laundering. The SRC reported that Minasyan’s asset declarations indicated a significant unexplainable increase in his wealth. Minasyan was also charged with receiving preferential tariffs for the sale of electricity from a hydroelectric power plant in which he had an ownership interest after regulations were changed to benefit him.

In December 2019 the NSS arrested Deputy Minister of Education, Science, Culture, and Sport Gevorg Loretsyan, a member of the prime minister’s Civil Contract Party, as part of a corruption investigation. According to the NSS, Loretsyan, who coordinated the sports department within the ministry, helped an Armenian businessperson win government contracts for sportswear and sports equipment in exchange for a bribe. Loretsyan’s case was forwarded to the court in September, and he remained under pretrial detention at year’s end while the trial was in progress.

Financial Disclosure: The law requires high-ranking public officials and their families to file annual asset declarations, which were partially available to the public on the internet. The Commission on the Prevention of Corruption (CPC), which replaced the Ethics Commission for High-Ranking Officials in November 2019, conducts asset declaration analysis.

The CPC is broadly authorized to check the integrity of appointees to public positions, including candidates for the Constitutional Court, prosecutors, and investigators, but plays an advisory role. The CPC also supports development of anticorruption policy and conducts anticorruption awareness and training.

For several years a number of public officials, including judges and members of parliament and their spouses, disclosed large sums of unexplained income and assets including large personal gifts and proceeds from providing loans. After the 2018 change in government, authorities initiated several investigations of discrepancies or unexplained wealth identified in the declarations. In October 2019 the government adopted an anticorruption strategy that, among other actions, envisages the creation by 2021 of a separate special law enforcement body, the Anticorruption Committee, as well as specialized anticorruption courts.

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

Following the 2018 change in government leadership, some civil society representatives joined the government. Others, however, continued to serve as watchdogs, scrutinizing the actions of the government. Domestic and international human rights groups generally operated without government restrictions, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views. Civil society organizations considered the change in government a window of opportunity for closer collaboration. The initially high expectations, however, led to growing civil society criticism of government reforms, especially in the areas of law enforcement and the judiciary, where some observers argued that the slow speed of reforms not only allowed former regime representatives to enjoy continued impunity for past crimes, but also gave them the time to regroup and try to push back against reforms. On June 23, a group of prominent human rights and other civil society organizations released a statement urging the government to make an immediate assessment of past human rights violations and implement systemic changes to foster the administration of justice, separation of powers, judicial independence, and parliamentary oversight.

In a trend that increased dramatically in 2019 and grew rapidly throughout the year, human rights and other civil society organizations, and individual human rights advocates continued to be vilified and threatened, including via death threats. Some journalists who promoted democratic reforms also received threats. Such intimidation took several forms. In at least two cases, government officials threatened or vilified human rights protectors. On November 10, the offices of Radio Free Europe/Radio Liberty and the Open Society Foundation-Armenia (OSF) were ransacked; on November 13 the Helsinki Citizens Assembly Vanadzor (HCAV) office was attacked. Subsequently, NGO members reported increasing threats to their persons, while online users urged attacks on personnel “and not just offices.” In December a group of young persons entered the premises of the Article 3 Club (an organization that raises awareness of and promotes human rights), live-streaming as they insulted and intimidated those present. NGO members reported little was done to protect them. The intimidation also came from online trolls, media outlets, malign news outlets, and nationalist groups, many of which were affiliated with the former government and, some local experts alleged, Russian actors. The following were especially targeted: those promoting human rights, women’s and children’s rights, and deeper law enforcement and judicial reforms, particularly OSF.

According to civil society reports, the NSS harassed members of the Yezidi Center for Human Rights NGO and launched a criminal case on the basis of material that lawyers assessed as unsubstantiated. On December 5, the anti-OSF “Veto” movement published a video vilifying multiple human rights organizations, which was broadcast the same day by ArmNewsTV (a channel belonging to the opposition).

There was no strong government support for the role of human rights defenders and civil society more broadly, but there were occasional government efforts to push back against attacks on civil society. On December 29, parliament voted to end parliamentarian Naira Zohrabyan’s chairmanship of the National Assembly’s Human Rights Committee due to intolerant statements she made. On December 30, the ombudsman noted the increase in the number of “insults” directed at civil society at large and called on the government to protect them.

As a result of hate campaigns, increasing numbers of academics and other opinion makers became reluctant to voice their opinions in public, particularly online. As a result, constructive discourse around human rights and other important matters decreased. The government adopted legislation criminalizing public calls for violence. It did not, however, take any effective measures to prevent the increasing marginalization of civil society actors. Rather, on some occasions, officials’ public comments contributed to the problem.

Government Human Rights Bodies: The Office of the Human Rights Defender (the ombudsperson) has a mandate to protect human rights and fundamental freedoms from abuse at all levels of government. The office improved its outreach to regions and collaboration with regional human rights protection organizations. The office continued to report a significant increase in the number of citizen complaints and visits, which it attributed to increased public expectations and trust in the institution. In December 2019 the government adopted the 2020-22 National Strategy for Human Rights Protection and related action plan and launched the e-rights.am portal as a public oversight tool.

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

Women

Rape and Domestic Violence: Rape is a criminal offense, and conviction carries a maximum sentence of 15 years; general rape statutes apply to the prosecution of spousal rape. Domestic violence was prosecuted under general statutes dealing with violence and carried various sentences depending on the charge (murder, battery, light battery, rape, etc.). Law enforcement bodies did not effectively investigate or prosecute most allegations of domestic violence. Domestic violence against women was widespread and was exacerbated by COVID-19 restrictions on movement. According to some officials, the absence of a definition of domestic violence in the criminal code hampered their ability to fight domestic violence.

There were reports that police, especially outside Yerevan, were reluctant to act in cases of sexual and domestic violence and discouraged women from filing complaints. According to the Sexual Assault Crisis Center NGO, the investigation of sexual violence cases did not differ from the investigation of any other criminal case in terms of secrecy, investigator sensitivity, or number of interrogations, and survivors were obliged to testify or otherwise participate in investigations multiple times, including in face-to-face encounters with their abusers. In reports on standard forensic examinations into alleged rape, the expert reportedly addressed whether the subject was a virgin. Most domestic violence cases were considered by law as offenses of low or medium seriousness, and the government did not hire enough female police officers and investigators for fieldwork to address these crimes appropriately.

According to the NGO Women’s Rights Center, during the COVID-19 state of emergency, cases of domestic violence increased; experts blamed the rise in part on social isolation. The persisting social stigma against seeking support, along with the inaccessibility of some support services during the pandemic, further worsened the situation. The Coalition to Stop Violence against Women registered an increase in calls to domestic violence hotlines and noted that the ban on public transportation during the state of emergency made it very difficult for some women to reach police precincts or support centers. In one case, a woman escaped from her husband, who had abused her for 25 years, without any money and approached a police officer on the street asking for help. He referred her to a police station without offering any assistance in reaching it. She only managed to reach a shelter after persuading a taxi driver to help her. According to the coalition, the incident demonstrated the need for more sensitivity training and referral mechanisms throughout the police force, especially for those patrolling the streets.

During the year a number of domestic violence cases captured widespread attention, leading to calls for stronger legislation against domestic violence. On March 5, media outlets reported the death of a woman at the hands of her partner in Gyumri. The perpetrator had also beaten the woman’s 13-year-old daughter, who was hospitalized with numerous injuries and underwent a long recovery. Visiting the daughter in the hospital, Prime Minister Pashinyan commented, “many of us feel sorry for this girl and her murdered mother, but let’s finally admit that this girl and her mother are also victims of the notion that violence in general and violence against women in particular can be justified.”

Activists and NGOs that promoted gender equality were frequent targets of hate speech and criticized for allegedly breaking up “Armenian traditional families” and spreading “Western values.” On July 7, a former police official, who was registered as a domestic violence offender, verbally assaulted a lawyer for the Women’s Support Center and other employees after a civil case hearing. According to the NGO, there were no legal measures in place to protect the center’s employees or to bring the offender to criminal responsibility.

The narrow definitions in the law combatting family violence prevented abuse survivors who were not married or in common law relationships with their partners from receiving protections and support under the law. During the year the government continued to support domestic violence victims’ support centers throughout the country.

Sexual Harassment: Although the law addresses lewd acts and indecent behavior, it does not specifically prohibit sexual harassment. There are no criminal penalties or civil remedies for sexual harassment experienced in the workplace.

Observers believed sexual harassment of women in the workplace and the political arena was widespread and was not adequately addressed by the government, which did not have a functioning, all-encompassing labor inspectorate or other avenues to report such harassment.

Reproductive Rights: The law gives couples and individuals the right to decide the number, spacing, and timing of their children and to manage their reproductive health. They generally had the information to do so free from discrimination, coercion, or violence. Due to the patriarchal nature of Armenian society, however, the husband and his parents often sought to control decisions on the number, spacing, timing, and sex of a couple’s children (see section 6, Gender-biased Sex Selection). Skilled attendance during childbirth was more accessible in large towns and other population centers where birthing facilities were located. There were no government programs to provide access to sexual and reproductive health services for survivors of sexual violence.

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

Discrimination: Men and women enjoy equal legal status, but discrimination based on gender was a continuing problem in both the public and private sectors. There were reports of discrimination against women with respect to occupation, employment, and pay. Women remained underrepresented in leadership positions in all branches and at all levels of government. The law does not prohibit discrimination in access to credit based on sex.

Socioeconomic factors, women’s household responsibilities, as well as a lack of opportunities for women to gain leadership skills played a role in limiting women’s political participation, as did their lack of access to the informal, male-dominated communication networks that form the foundation of the country’s politics. Women also lacked the necessary sponsorships and funds to build a political career. Even when elected, the visibility of female politicians was limited in the public domain. Women politicians and officials experienced severe hate speech targeting their gender.

Gender-biased Sex Selection: Despite legislative changes banning such practices and related public-awareness campaigns, data on newborns continued to indicate a skewed sex ratio. According to the Statistical Committee of Armenia, the boy to girl ratio at birth was 110 to 100 in 2019, a slight improvement from the 2018 ratio of 112 to 100. Women’s rights groups considered sex-selective practices as part of a broader problem of gender inequality in the country. According to a household survey conducted from February to March by the Caucasus Research Resource Centers, for the first time, more than one-half of those questioned (55 percent) said they did not have a gender preference for a child if a family had one child, and 34 percent reported they would prefer a boy. These figures represented a significant change since the question was last asked in 2010, when 54 percent of respondents reported preferring a boy, while 35 percent said it “did not matter.”

Children

Birth Registration: Children derive citizenship from one or both parents. A centralized system generated a medical certificate of birth to make avoidance of birth registration almost impossible. A low percentage of births were registered in Yezidi and Kurdish communities practicing homebirths.

Education: Although education is free and compulsory through grade 12, in practice it was not universal. Children from disadvantaged families and communities and children with disabilities lacked access to early learning programs despite government efforts to raise preschool enrollment. Slightly more than half of children between the ages of three and five benefited from preschool education, with far fewer in rural areas. Inclusive preschool education was limited to a few preschools located in the capital.

Enrollment and attendance rates for children from ethnic minority groups, in particular Yezidis, Kurds, and Molokans, were significantly lower than average, and dropout rates after the ninth grade were higher. Only a few schools throughout the country offered Yezidi, Assyrian, Kurdish, or Greek language classes at the primary and secondary level. These classes–not part of the formal academic curriculum–were not regulated. Yezidi parents, in particular, continued to complain that the classes did not adhere to any standards and were largely ineffective.

According to a December 2019 NGO report to the UN Committee on the Rights of the Child, most Yezidi children grew up speaking their native tongue and had little or no command of Armenian upon entering schools. The absence of preschool educational services in most Yezidi villages created problems for Yezidi children, who struggled in school and fell behind their Armenian-speaking classmates.

The COVID-19 global pandemic reduced access to education and exacerbated existing inequalities. Surveys indicated that more than 10 percent of the school-aged student population was likely left out of the educational process due to a lack of equipment, internet access, and tech-savvy teachers. Public criticism was directed at the government for providing insufficient online instruction or virtual learning alternatives and failure to include all students equally in the educational process, particularly students with disabilities. The government tried to make up for the gaps by offering training for teachers, finding resources for technical equipment, and offering additional instruction during the summer, but these efforts failed to close the learning gaps.

Two of every three children attended schools in earthquake-prone areas where school buildings did not comply with earthquake-resistant standards. To address the problem, the government introduced a new program for safer schools in 2019 and allocated funding for constructing 22 new small-size schools in rural or remote areas incorporating safety standards.

In a March 2019 report on monitoring the water and sanitation situation in 121 schools and 80 preschools throughout the country, the Ombudsman’s Office raised concerns regarding poor sanitary conditions in many of the buildings and lack of accessible restrooms in most.

Child Abuse: According to observers, the government prioritized combatting violence against children and took steps to address it, although violence against children continued to be reported and gaps in both legislation and practice remained. In late August media outlets reported the hospitalization of seven children from one household, two of whom were gravely beaten while the others were poisoned by family members. One of the children, a six-year-old boy, died in the hospital from his injuries.

According to observers, psychological and physical violence were widely used to discipline both boys and girls, and there was a lack of state supported positive parenting programs. Indirect data showed that peer-to-peer violence was quite common in schools, with no mechanisms in place to address it. Gender inequality and stereotyping also contributed to violence against both girls and boys, and created barriers to access to justice for victims. Complex regulations on referrals and reporting within the child protection system, together with an unclear division of duties and responsibilities within the system, resulted in ineffective responses to violence against children. Despite the 2017 law on prevention of family violence, secondary legislation to ensure its implementation was still not in place.

According to observers, two-thirds of the sexual crimes in the country were committed against minors. According to official statistics, during the first six months of the year, the Investigative Committee examined 206 crimes against children, almost a quarter of which involved sexual violence. According to observers, however, the real picture of sexual violence was even worse, since the strong stigma around such violence led to nonreporting by victims and their families.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18. Early marriage of girls was reportedly widespread within Yezidi communities, and girls consequently left school. The government did not take measures to document the scale of the problem or address the practice.

Sexual Exploitation of Children: The law prohibits the sexual exploitation of children and provides for prison sentences of seven to 15 years for conviction of violations. Conviction for child pornography is punishable by imprisonment for up to seven years. The minimum age for consensual sex is 16. On June 18, the government established a referral mechanism for child victims of trafficking and exploitation.

According to NGOs, although official statistics showed relatively few cases of sexual exploitation and sale of children, there were numerous undetected and unreported cases caused by gaps in legislation, training, awareness raising, detection, and reporting.

Institutionalized Children: The closure and transformation of residential institutions for children in difficult life circumstances and those without parental care continued, with the government allocating resources for family support and prevention services. The government, with support from international organizations and other partners, decreased the number of children in institutional care from 2,400 in 2018 to 1,300 as of January. Most children returned to their biological or extended families, while a smaller number of children were provided with alternative family and community-based options.

Despite the decrease in the number of institutionalized children, the number of children with disabilities in residential and educational institutions remained high, and children with disabilities continued to be less able to access community-based and family-type care options. Nonresidential services for children with disabilities and expansion and accessibility for children and families remained a government priority.

The government continued support for the development of foster-care services. In part due to a fourfold increase in state funding for foster care in 2018, the number of foster families continued to increase, from 45 in 2018 to 75 as of August.

During the year the government made efforts to promote the emergency foster-care system to address the needs of children left without parental care in emergency situations, including due to COVID-19. The government, with UNICEF support, took efforts to prevent child abandonment due to disabilities.

In December 2019 the ombudsman published an ad hoc report on the right to be heard among children and legally incapable adults who were placed in psychiatric institutions. The report noted that the consent of an individual’s legal representative was considered legally sufficient for children and incapable adults to be put into psychiatric care, including placement into a psychiatric hospital. As a result, the rights of such individuals to be heard and to give informed consent were violated. Due to legal gaps, there were frequent cases of persons who were officially kept in psychiatric hospitals “on a voluntary basis” due to the consent of their legal representatives, but who were in fact subjected to compulsory confinement. Legal regulations prevented them from obtaining a court decision for their treatment. Following the ombudsman’s application, in February the Constitutional Court found that the failure to take the opinion of children and incapable adults into consideration when deciding on their placement in psychiatric institutions was unconstitutional.

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

In November 2019 the NSS announced it had uncovered an organized crime ring that dealt in illegal adoption, resulting in the sale of more than 30 children to foreigners. According to the press release, the suspects used blackmail, coercion, and fraud to force mothers in vulnerable social situations to carry pregnancies to term and to give up their newborns. In some cases mothers were told that the children were born with grave health problems or were stillborn. The group first transferred the children to orphanages and then falsified documents to permit adoptions by foreign families (local law prioritizes local adoption). The investigation continued at year’s end.

Anti-Semitism

Observers estimated the country’s Jewish population at between 500 and 1,000 persons. Prior to fighting with Azerbaijan in the fall, no anti-Semitic acts had been reported, although some anti-Semitic comments appeared in social media, smearing government representatives and activists. The government did not condemn such anti-Semitic comments.

The fall fighting with Azerbaijan contributed to a rise in anti-Semitism, according to members of the Jewish community and other observers, who largely attributed this trend to the Azerbaijani use of Israeli-produced weapons. The number of anti-Semitic posts increased, according to members of the Jewish community and other observers. Members of the Jewish community also reported anti-Semitic comments directed at them on public transport. The Hebrew and Armenian sides of Yerevan’s Joint Tragedies Memorial were defaced with paint on October 14 and burned on October 22. (Also see the Department of State’s International Religious Freedom Report.)

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with any disability in employment, education, and access to health care and other state services, but discrimination remained a problem. The law and a special government decree require both new buildings and those that are renovated, including schools, to be accessible to persons with disabilities. Very few buildings or other facilities were accessible, even if newly constructed or renovated. Many public buildings, including schools and kindergartens, were inaccessible. This inaccessibility also prohibited persons with disabilities from voting since these buildings often served as polling stations during elections.

Through a process that included individuals with a range of disabilities as well as relevant NGOs, the government developed a new model for assessing a person’s disability status based on a comprehensive assessment of their needs, rather than a strictly medical and social examination.

During the year the government expanded state disability assistance to include services provided by daycare centers, which the Coalition for Inclusive Legal Reforms considered an important step toward deinstitutionalization and promoted independent living for persons with disabilities. During the year, following an open competition, the government signed grant agreements with 12 NGOs (an increase from three in 2019) across a wider geographic area, to provide monthly care and social-integration services to 460 persons with disabilities, compared with 190 in 2019. According to the coalition, during the year more NGOs working on disability rights were involved in various public councils, including those under municipalities and ministries, thus creating more opportunities for the NGOs to participate in public decision making.

Although the law on general education provides for a transition from general education to inclusive education for children with disabilities by 2025, and despite the increasing trend towards inclusive education, practices continued to be fragmented and discriminatory and did not lead to an extensive and sustainable change of the education system and social norms. Many NGOs continued to report that schools lacked physical accessibility and accessible learning materials and made limited effort to provide reasonable accommodations for children with disabilities in mainstream schools.

The transition to distanced education during the COVID-19 pandemic set back the quality of education provided to children with disabilities who needed accommodation or educational support, in particular children with hearing, visual, and intellectual disabilities. Many children, suffering from a lack of appropriate technology, computer skills, or due to behavioral or other problems, were not able to participate in school programs from March through the end of the school year. Teachers did not have sufficient training to use alternative methods, and as a result, children with disabilities were largely left out of the educational process or did not receive adequate education. In-person classes resumed in the fall.

Persons with all types of disabilities continued to experience discrimination in every sphere, including access to health care, social and psychological rehabilitation, education, transportation, communication, employment, social protection, cultural events, and use of the internet. Lack of access to information and communications was a particularly significant problem for persons with sensory disabilities. Women with disabilities faced further discrimination, including in social acceptance and access to health and reproductive care, employment, and education.

Hospitals, residential care, and other facilities for persons with more significant disabilities remained substandard.

Members of National/Racial/Ethnic Minority Groups

Following the closure of borders between Armenia and Azerbaijan in 1991, inflammatory rhetoric and hate speech became increasingly prevalent, particularly as an entire generation grew up without interactions with the other side. During the intensive fighting involving Armenia, Armenia-supported separatists, and Azerbaijan from September 27 to November 10, atrocities were reportedly committed by all sides (see sections 1.a. and 1.c.).

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

Antidiscrimination laws do not extend protections to LGBTI persons on the basis of sexual orientation or gender identity. There were no hate crime laws or other criminal judicial mechanisms to aid in the prosecution of crimes against members of the LGBTI community. Societal discrimination based on sexual orientation and gender identity negatively affected all aspects of life, including employment, housing, family relations, and access to education and health care. Anti-LGBTI sentiments and calls for violence escalated during periods of political activism. Many politicians and public figures, in particular supporters of the former government, used anti-LGBTI rhetoric, often positioning LGBTI persons as a “threat to national security.” Transgender persons were especially vulnerable to physical and psychological abuse and harassment.

The COVID-19 crisis exacerbated the legal, social, and economic inequalities faced by LGBTI individuals. The majority of such persons were employed in the service sector or relied on street-based work or charity and lost their livelihoods during the state of emergency. This affected their access to food, accommodation, and other basic necessities. Some LGBTI individuals who had previously left abusive families risked homelessness, while others were locked down with family members who did not accept them. Many LGBTI individuals also found that they were unable to avail themselves of any of the various government programs to support vulnerable groups during the COVID-19 crisis while discrimination by health-care providers severely limited their access to health care.

Throughout the year the NGO PINK documented a total of 41 cases of direct and associated discrimination on grounds of sexual orientation and gender identity, as compared with 37 such cases throughout 2019. These included hate crimes such as physical violence, sexual violence, repeated psychological violence, and violation of property, as well as threats toward the life and health of a person. In most cases the victims did not seek help from law enforcement bodies or the courts, deeming such efforts ineffective since law enforcement was unlikely to respond.

The NGO New Generation reported 130 cases of alleged violations of the rights of LGBTI individuals during the year. The cases occurred in families (37 percent), the conscription process and military service (20 percent), labor relations within the service sector (20 percent), law enforcement (12 percent), and health services (11 percent).

In 2018 the NGO Right Side conducted the first survey on hate crimes against transgender persons, identifying 100 cases of hate-motivated violence in a 12-month period during 2016-17. Most incidents took place in public spaces, usually at night. Victims reported they were more likely to seek support from friends or LGBTI NGOs than from a victim support group or medical professionals. Only a small number of respondents said police were supportive. According to human rights groups, transgender women faced many barriers to accessing medical counseling and treatment, from lack of awareness to outright discrimination by medical personnel. Gender reassignment was not regulated as a health service in the country. As a result, transgender persons underwent reassignment surgeries secretly by doctors invited from abroad, with no further access to relevant medical services and rehabilitation care.

Domestic violence against LGBTI persons was reported during the year. Examples included a lesbian, G.L., who sought assistance from New Generation NGO in July. After her family learned the year before of her sexual orientation, her father beat her and kept her locked up. She managed to escape and eventually ended up at her aunt’s house, but her father continued to threaten her. She appealed to police, who instructed her father to stay away from her. He continued to threaten her, leading her to escape to Yerevan. In another example, a transgender woman, G.K., reported in September that her family had subjected her to domestic violence due to her gender identity. She eventually left, living on the street until she managed to rent an apartment; however, she said the apartment owner evicted her upon learning she was transgender.

There was no progress in bringing to accountability the residents of Shurnukh village who attacked LGBTI activists in 2018. On August 4, the criminal court of appeal ruled that investigators had not carried out a proper investigation and had not taken into consideration the psychological suffering of the victims and the discriminatory nature of the crime; the court ordered that the case be reopened. As of early September, however, the prosecutor had not reopened the case, and investigators were not able to obtain psychological assessments of all of the victims (five of the nine victims had left the country).

On June 3, there was a similar attack on LGBTI friends at a country house in Yerevan’s Shengavit district. One individual, A.A., received serious head wounds and reported the incident to police. After a forensic examination and a preliminary investigation, a criminal case was initially opened on July 6 under a minor charge. After a legal appeal to requalify the case as hooliganism (a more serious charge), the case was sent back for a new investigation.

Openly gay men are exempt from military service. An exemption, however, requires a medical finding based on a psychological examination indicating an individual has a mental disorder; this information appears in the individual’s personal identification documents and is an obstacle to employment and obtaining a driver’s license. Gay men who served in the army reportedly faced physical and psychological abuse as well as blackmail by fellow soldiers and the command. In an example, when fellow soldiers discovered a gay man’s sexual orientation, they subjected him to harassment. He turned to the New Generation NGO for help on March 31, which appealed to the Defense Ministry to exempt him from service. His case continued at year’s end.

In March 2019 Epress.am published the story of A.A., detailing his account of getting an exemption from military service due to his sexual orientation. The experience included a mandatory check in a psychiatric hospital that violated his confidentiality as well as physical violence at the final round of examination, when the examination committee head, Henrik Muradyan, verbally assaulted A.A. and hit him in the face while the 15-person committee verbally abused him. A.A. received a formal diagnosis of having a psychiatric illness. Observers noted that diagnosis codes used in these cases are codes for actual psychiatric diseases–such as schizophrenia or cerebral cortex damage–that, while relieving men from mandatory military service, also impose a number of legal limitations.

HIV and AIDS Social Stigma

According to human rights groups, persons regarded as vulnerable to HIV/AIDS, such as sex workers (including transgender sex workers) and drug users, faced discrimination and violence from society as well as mistreatment by police. Such discrimination was especially noticeable when HIV-positive persons sought medical care.

On April 29, the NGO New Generation reported the case of a person with HIV who was denied surgical care in Izmirlyan Hospital on March 16. Although the patient’s doctor classified the case as urgent, he refused to hospitalize the patient. As it was explained to the patient, hospital management requires the isolation of persons with HIV and the lack of an unoccupied bed at the time did not allow them to provide the needed care. The individual later received treatment at a different hospital. Responding to information sent by the NGO, the Health and Labor Inspection Body inspected Izmirlyan Hospital, registered violations, and issued an order to introduce procedures to comply with legislation with 30 days. According to a 2018 UN Human Rights Council report by the rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, stigma and discrimination in health-care settings were major barriers to accessing treatment and services for persons with HIV/AIDS. According to Real World, Real People, women with HIV/AIDs faced double discrimination and were more at risk of becoming the subject of physical and psychological violence in their families.

According to the Coalition to Stop Violence against Women, the COVID-19 pandemic complicated access to health services for HIV-positive persons, since most hospitals providing multiprofile services to HIV-positive persons were repurposed to treat COVID-19 patients only. Restrictions on movement during the early months of the COVID-19 state of emergency also made it impossible for some pregnant women with HIV/AIDS to obtain care, since only one hospital in the country (in Yerevan) provided prenatal care and childbirth services to such women.

Promotion of Acts of Discrimination

Certain groups and individuals as well as online and broadcast media, predominantly connected to the former regime, promoted acts of discrimination targeting government officials, LGBTI individuals, members of religious minorities, individual civil society representatives, foundations, and human rights defenders. Some of these groups aimed to discredit human rights work and democratic values in general and to silence human rights defenders’ voices in particular. Civil society activists noted that antidemocratic activists appeared to target individuals one at a time with overwhelming amounts of hate speech and posted photographs online to indicate that the individual was being monitored. This caused some individuals to stop contributing to online fora. The government did not take effective measures to counter such campaigns and at times fed into the narratives promoted by the hate groups.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law protects the right of all workers to form and to join independent unions, except for noncivilian personnel of the armed forces and law enforcement agencies. The law also provides for the right to strike, with the same exceptions, and permits collective bargaining. The law mandates seven days’ notification and mandatory mediation before a strike as well as the agreement of two-thirds of the workforce obtained in a secret vote. The law stipulates that worker rights may not be restricted because of membership in a union. The list of justifiable grounds for firing a worker, enumerated in the labor code, does not include union activity.

During the year the Health and Labor Inspection Body (HLIB) began exercising its authority to conduct preplanned inspections in four areas under its mandate: sanitary-epidemiological safety, health care and services, pharmaceuticals, as well as the worker occupational safety and health and protection of the labor rights of minors sections of the labor code. The HLIB conducted 27 inspections in the mining sector. Penalties for violations were commensurate with those for other denials of civil rights. In December 2019 the National Assembly adopted changes to the labor code reviving the state oversight function of the HLIB over the full scope of labor legislation, to come into effect in July 2021.

In July the government approved the hiring of an additional 80 inspectors to start in April 2021. Of the total 340 staff, plans call for 84 to carry out inspections pertaining to the labor code starting in July 2021.

In response to the COVID-19 pandemic, on April 29, the National Assembly amended the labor code to allow the HLIB to carry out full oversight of the labor code during the prevention or elimination of natural disasters, technological accidents, epidemics, accidents, fires and other emergencies. The amendments also provide other protections of worker rights, including regulations covering telework and related wage issues. These changes, as well as amendments to HLIB bylaws from July 3, allowed the HLIB to act upon labor law violations based on written complaints.

During the COVID-19 state of emergency, the HLIB and other state inspection bodies were tasked with carrying out numerous daily inspections to ensure compliance with regulations to prevent disease transmission. All such inspections were related to the enforcement of the health and safety of the employees as mandated by the warden’s office; however, inspectors acted on labor code violations if any were uncovered during the COVID-19 visits.

Labor organizations remained weak because of employer resistance, high unemployment, and poor economic conditions; however, the HLIB acted to strengthen labor unions by promoting a stronger labor union inside its structure. Experts reported that the right to strike, although provided in the constitution, was difficult to realize due to mediation and voting requirements.

b. Prohibition of Forced or Compulsory Labor

The law prohibits and criminalizes all forms of forced and compulsory labor, although it does not define forced labor. The government did not effectively enforce the law. Prosecutions were not proactive and heavily relied on victim self-identification; the most recent labor-trafficking conviction was in 2014. Resources, inspections, and remediation were inadequate to identify forced labor cases at large due to the lack of an effective labor inspection mechanism. Penalties for labor-trafficking violations were commensurate with those for other serious crimes but were seldom applied.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. In most cases the minimum age for employment is 16, but children may work from age 14 with permission of a parent or a guardian. The law allows children younger than 14 to work in the entertainment sector. The maximum duration of the workweek is 24 hours for children who are 14 to 16 and 36 hours for children who are 16 to 18. Persons younger than 18 may not work overtime; in harmful, strenuous, or dangerous conditions; at night; or on holidays. Authorities did not effectively enforce applicable laws. Penalties for violations were commensurate with those for other serious crimes but were not sufficient to compel compliance. The absence of unannounced inspections impeded the enforcement of child labor laws. During the year the HLIB examined several cases of child labor and issued a fine in one case of a minor younger than 14 working in a bakery.

Children younger than age 14 worked in a variety of industries, including agriculture, construction, and begging. Children living in rural areas were more vulnerable to forced labor in the agricultural sector. In addition, while the government made an effort to reduce institutionalization of children with disabilities, those living in institutions were more vulnerable to child labor.

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

d. Discrimination with Respect to Employment and Occupation

The constitution and the labor code prohibit discrimination based on sex, race, skin color, ethnic or social origin, genetic features, language, religion, political opinion, belonging to a national minority, property status, birth, disability, age, or other personal or social circumstances. Other laws and regulations specifically prohibit discrimination in employment and occupation based on gender. The government did not effectively enforce applicable laws, and there were no effective legal mechanisms to implement applicable regulations. Discrimination in employment and occupation occurred based on gender, age, presence of a disability, sexual orientation, HIV/AIDS status, and religion, although there were no statistics on the scale of such discrimination. Administrative penalties for violations were not commensurate with those for violations of other similar laws involving the denial of civil rights.

Women generally did not enjoy the same professional opportunities or wages as men, and employers often relegated them to more menial or lower-paying jobs. While providing for the “legal equality” of all parties in a workplace relationship, the labor code does not explicitly require equal pay for equal work. The International Monetary Fund cited the gender pay gap in the country as being strikingly large. Statistics indicate that women faced a wage gap of more than 30 percent compared to men. According to a 2019 Asian Development Bank report, the labor force participation rate was lower for women than men, and women were more likely to work in part-time positions. The report also stated that occupational stereotypes limited women’s choices, and more than 60 percent of women worked in just three sectors: agriculture, education, and health. Women were underrepresented in management positions, and only one in five small or medium-sized enterprises had a female owner.

Many employers reportedly practiced discrimination, most commonly requiring job applicants to be of a specific gender, age, and appearance. Such discrimination appeared to be widespread, but there were no reliable surveys, and authorities did not take any action to mitigate the problem. While there was little awareness of and no comprehensive reporting to indicate the scale of sexual harassment in the workplace, media reports suggested such abuse was common. Vacancy announcements specifying young and attractive women for various jobs were common. Unemployed workers, particularly women, who were older than 40 had little chance of finding jobs appropriate to their education or skills. LGBTI persons, persons with disabilities, and pregnant women also faced discrimination in employment. Religious minorities reportedly faced discrimination in public employment.

e. Acceptable Conditions of Work

The monthly minimum wage was above the poverty income level. The law provides for a 40-hour workweek, 20 days of mandatory paid annual leave, and compensation for overtime and nighttime work. The law prohibits compulsory overtime in excess of four hours on two consecutive days and limits it to 180 hours in a year. The government established occupational and health standards by decree.

Authorities did not effectively enforce labor standards in either the formal or informal sectors, and penalties for violations of wage, hour, and occupational safety and health standards were not commensurate with those for other similar crimes. According to lawyers, workers’ rights remained unprotected due to the absence of a viable labor inspectorate and lack of independent trade unions. Nonetheless, according to the HLIB, the fact that many of the labor-related complaints received since July were resolved by employers without waiting for HLIB’s ruling attested to some improvement in the area, as well as to HLIB’s existence serving as deterrent against violations. While administrative courts have a mandate to rule on labor-related cases within three months, few employees applied to the courts to reinstate their rights due to legal costs, the complexity of the application process, and distrust of the judiciary. It was unclear if the overloaded courts were able to meet the legally required three-month window for resolving those labor disputes that were submitted to them.

Many employees of private companies, particularly in the service and retail sectors, were unable to obtain paid leave and were required to work more than eight hours a day without additional compensation. According to representatives of some employment agencies, many employers also hired employees for an unpaid and undocumented “probationary” period of 10 to 30 days. Employers often subsequently dismissed these employees, who were then unable to claim payment for the time they worked because their initial employment was undocumented. According to a 2018 survey carried out by the local NGO Advanced Public Research Group, only 48 percent of those employed by small businesses had contracts. The survey also revealed problems involving the inability of workers to take paid annual leave and lack of compensation for overtime work.

Managers of enterprises that were the primary employers in certain poor geographic areas frequently took advantage of the absence of alternative jobs and did not provide adequate pay or address job safety and environmental concerns. A 2019 World Bank report found that approximately 13 percent of the country’s wage employees did not have a written contract and did not have access to any form of benefits related to paid leave, childcare, or sick leave. The agricultural orientation of the country’s economy tended to drive informal employment. According to official statistics, the government’s anticorruption efforts and active efforts by the tax authorities led to a notable increase in the number of officially registered employees in the country. The COVID-19 pandemic spotlighted the issue of informal employment. The government offered benefits to registered workers or those who had lost their work due to pandemic; unregistered or self-employed workers received much lower benefits. The government admitted there was a problem identifying informal employees and the self-employed due to the absence of a universal income declaration system and ultimately decided to provide assistance to families based on indicators, such as the presence of underage children or situations where both parents did not have formal employment before the pandemic. Some of those who lost their livelihoods, however, were not captured by any of the additional assistance programs.

On September 14, Hetq.am reported that trial court judge Tatevik Stepanyan ruled to satisfy the claim of about 100 current employees of Rusal Armenia CJSC, one of the country’s largest industrial enterprises, and to grant them 717 million drams (about $1.5 million) for unpaid overtime accrued from 2007 to 2019. The lawyer representing the employees said that they worked 12-hour days every day with only a 57-minute break during that period.

On September 15, Hetq.am published the story of electrician Vachagan Nalbandyan, who suffered grave injuries on the job after falling 26 feet from an electrical tower and being hit by a crane that subsequently fell on him. According to the report, his employer (T-Construction CJSC, which belongs to Tashir Capital group owned by Russia-based Samvel Karapetyan and family) refused to pay for the urgent surgeries Nalbandyan needed, claiming they were awaiting an expert assessment and had no responsibility for the crane, which was owned by another person.

Safety and health conditions remained substandard in numerous sectors. According to a January 17 Hetq.am report, there were 39 fatal workplace accidents from 2017 to 2019. According to the report, the greatest number of workplace accidents occurred in open-pit mines in the Syunik region, followed by accidents in the processing industry. In light of high unemployment in the country, workers generally did not remove themselves from situations that endangered their health or safety. Authorities offered no protection to employees in these situations, and employees generally did not report violations of their rights.

Due to limitations on HLIB’s authority and a still limited number of inspectors, inspection efforts remained insufficient to enforce compliance. Inspectors did not have the authority to make unannounced inspections.

On June 22, the Ombudsman’s Office released a brief on the nature of labor violation complaints it received in 2019. Reported problems included employers failing to pay what they owe to terminated employees; unjustified dismissals from work; violations of disciplinary action procedures vis-a-vis employees; retaining unjustified amounts of money from the workers’ salaries; and transferring workers to other jobs without their consent. The Ombudsman’s Office also identified widespread and systemic violations such as an absence of signed contracts, forcing employers to submit resignation letters, and failure to pay for overtime work. Helsinki Citizens Assembly Vanadzor NGO, in a report released on June 24, reported similar problems based on its monitoring of the labor rights situation in 2019.

The outbreak of COVID-19 caused many businesses to close in April, with some gradually reopening beginning in early May. Health, safety, and epidemiological oversight covered both employees and patrons of Armenian businesses. Inspectors shut down numerous businesses for periods of several days for failing to comply with antiepidemic regulations.

Australia

Executive Summary

Australia is a constitutional democracy with a freely elected federal parliamentary government. In a free and fair federal parliamentary election in May 2019, the Liberal Party and National Party coalition was re-elected with a majority of 77 seats in the 151-seat House of Representatives. The House subsequently reconfirmed Scott Morrison as prime minister.

The Australian Federal Police (federal police), an independent agency of the Department of Home Affairs, and state and territorial police forces are responsible for internal security. The federal police enforces national laws and state and territorial police forces enforce state and territorial laws. The Department of Home Affairs and the Australian Border Force are responsible for migration and border enforcement. Civilian authorities maintained effective control over the security forces. The Inspector General of the Australian Defence Force is conducting an independent inquiry into allegations that members of the Special Forces may have committed abuses in Afghanistan.

Significant human rights issues included credible allegations of deaths related to neglect or abuse in prison and occasional neglect or mistreatment of prisoners, especially Aboriginal or Torres Strait Islander persons or persons with disabilities.

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 credible allegations of deaths due to abuse in custody by government agents.

Black Lives Matter protests held in major cities sought to raise awareness of black deaths in custody and high rates of indigenous incarceration. Protesters and multiple media reports highlighted the more than 400 indigenous deaths in custody since a royal commission looking into the issue concluded in 1991, and they complained of a lack of convictions despite claims of excessive force or neglect by police.

Since August 2019, the deaths of two indigenous persons in custody have led to murder charges. In August a Western Australia police officer pleaded not guilty to murder in the shooting of a 29-year-old woman. In November 2019 a Northern Territory police officer was charged with murder after shooting a 19-year-old man.

A series of media reports alleged special forces soldiers carried out unlawful killings while on deployment in Afghanistan between 2005 and 2012. The Inspector General of the Australian Defence Force was investigating possible breaches of the laws of armed conflict by special forces personnel in Afghanistan.

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.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

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

Physical Conditions: The most recent data from the Australian Institute of Criminology reported 72 prison deaths in 2017-18. Media sources alleged at least seven suspicious deaths occurred since August 2019, two of which occurred in 2020. Death rates for indigenous Australian prisoners continued higher than for others. For example, in June and July, three Aboriginal prisoners died (two by suicide, the third of unknown causes) in Western Australia prisons.

Prison visits in recent years in Western Australia and Queensland showed a high percentage of inmates had a cognitive, mental health, or physical disability and that inmates with such disabilities were more likely to be placed in solitary confinement and may also suffer higher rates of violence or abuse at the hands of other inmates or prison staff than other inmates.

The Disruptive Prisoner Policy of Western Australia’s Corrective Services also raised particular concern. In July attorneys for three Aboriginal prisoners filed a complaint before the state supreme court, alleging that the policy led some prisoners at the Hakea and Casuarina Prison to spend more than 23 hours a day in solitary confinement with as little as 30 minutes of fresh air a day. The policy was suspended pending an administrative review.

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 domestic immigration detention centers (see section 2.f.).

d. Arbitrary Arrest or Detention

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

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. The maximum investigation period police may hold and question a person without charge is 24 hours, unless extended by court order for up to an additional 24 hours.

Under limited circumstances 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. These laws contain procedural safeguards including on access to information related to lawyer-client communication.

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 federal police, 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 national intelligence agencies.

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

Arbitrary Arrest: The law allows courts to detain convicted terrorists beyond the expiration of their sentence by up to an additional three years for preventive purposes where there is no less restrictive measure available to prevent the risk posed by the offender to the community. Various human rights organizations criticized this law as allowing the government to detain prisoners arbitrarily.

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.

News emerged in late 2019 that a man known as both “Witness J” and Alan Johns (a pseudonym) had been prosecuted by the federal government and imprisoned in secret for crimes not made public. Media reports claimed Witness J is a former “senior military officer involved in intelligence” whose imprisonment in Canberra only came to light following a November 2019 judgment in the Australian Capital Territory Supreme Court arising from a dispute related to his treatment in prison. The Australian Capital Territory’s justice minister, Shane Rattenbury, told media in November 2019 he was “deeply disturbed by the extraordinary levels of secrecy surrounding the ‘Witness J’ case” imposed by the federal government, claiming it showed a “growing disregard for the principles of open justice and a robust democracy.” In a statement in December 2019 federal Attorney-General Christian Porter said the matter related to “highly sensitive national security information” that was “of a kind that could endanger the lives or safety of others.” Witness J has since been released from prison after serving a 15-month sentence.

The Independent National Security Legislation Monitor, James Renwick, began a review into the Witness J trial in March, stating that “wholly closed criminal proceedings do indeed appear to be unprecedented in Australia, save possibly during the World Wars.” In April Renwick abandoned the review, citing limitations imposed by COVID-19. Renwick’s term concluded on June 30, and it will be up to the new monitor to consider restarting the review of Witness J’s trial.

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

The government has laws and mechanisms in place for the resolution of Holocaust-era restitution claims, including by foreign citizens. The country is a signatory of the Terezin Declaration. Nongovernmental organizations were not aware of any recent restitution cases. The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 9, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

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:

a. Freedom of Expression, Including for the Press

Although the constitution does not explicitly provide for freedom of speech or press, the High Court has held that the constitution implies a limited right to freedom of political expression, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

National Security: In May, after the highest federal court ruled in April that a warrant used by federal police in a June 2019 raid on the home of News Corp journalist Annika Smethurst was defective, the Australian Federal Police (AFP) announced it would not charge Smethurst for her use of classified information in a 2018 article on surveillance of citizens.

In July the federal police asked the federal director of public prosecutions to consider charging an Australian Broadcasting Corporation (ABC) journalist for publishing classified information in 2017 reports alleging Australian war crimes in Afghanistan. The AFP raided ABC’s Sydney headquarters in June 2019.

The News Corp and ABC raids (relating to separate reports but occurring in the same month) sparked a national discussion on press freedom, led by a coalition of media organizations calling for more legal protections for journalists and whistleblowers. In August the Parliamentary Joint Committee on Intelligence and Security released a report into “the impact of the exercise of law enforcement and intelligence powers on the freedom of the press.” The committee’s inquiry was initiated by the federal attorney general following public concerns about the two federal police raids. The committee recommended the government make changes to the use of warrants that would establish a “public interest advocate” to contest the issuance of warrants against journalists and media organizations. Media organizations including News Corp and the ABC said the report did not go far enough and continued to seek the ability to contest warrants themselves before raids take place.

Internet Freedom

The government did not 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 authority. The internet was widely available to and used by citizens.

Law enforcement agencies require a warrant to intercept telecommunications, including internet communications.

Academic Freedom and Cultural Events

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

b. Freedoms of Peaceful Assembly and Association

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

The declarations of states of emergency by state and territory governments in response to the COVID-19 pandemic affected a number of protests and demonstrations.

In June thousands of protesters in major cities and regional centers defied government health orders to protest the killing of George Floyd in the United States and the treatment of Aboriginal persons and Torres Strait Islanders in Australia. The New South Wales Supreme Court upheld a police appeal to ban a march planned for Sydney on July 28 on public health grounds, with media reporting police arrested and imposed significant fines on six attendees. In Melbourne, police imposed similar fines on three protest organizers for breaching health directions in relation to a June 6 rally.

c. Freedom of Religion

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

d. Freedom of Movement

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

To control the spread of the COVID-19 pandemic, all state and territory governments, with the exception of Victoria and the Australian Capital Territory, enacted interstate border control measures, either outright prohibiting movement, or requiring an enforced mandatory 14-day quarantine period on arrival.

At various times all states and territories also temporarily prohibited or strongly discouraged movement within their borders to reduce the risk of COVID-19 spreading, especially to rural communities with vulnerable populations. For individuals, significant, for some burdensome, fines were the penalty for breaching social distancing and travel restrictions.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The Department of Home Affairs oversees refugee resettlement via the Refugee and Humanitarian Program, which distinguishes between “offshore” and “onshore” individuals. Individuals residing offshore–outside the country–can apply for a refugee visa if they are subject to persecution in their home country; meet the “compelling reasons” criterion; and satisfy health, character, and national security requirements. Individuals who arrived in the country legally (onshore) can apply for a Temporary Protection visa. Persons who seek to enter the country without proper authorization, including preapproval to settle, are considered illegal migrants and subject to detention either in the country or in a third country. Individuals who arrived illegally may apply for a Temporary Protection visa or a Safe Haven Enterprise visa, but it is generally very difficult for them to legalize their status.

Refugee processing centers operated on behalf of Australia in Nauru and Papua New Guinea were closed in March 2019 and October 2017, respectively. As of September 7, approximately 170 refugees or asylum seekers remained in Nauru, housed in community-based facilities funded by the Australian Government. An equivalent number remained in Papua New Guinea.

Abuse of Migrants and Refugees, and Stateless Persons: Domestic and international organizations reported credible allegations of abuse and deteriorating mental health among migrants brought from Nauru and Papua New Guinea for medical treatment and detained in facilities in Brisbane and Melbourne. Alleged abuses included harsh conditions, inadequate mental health and other medical services, assault, and sexual abuse; these also contributed to suicide and self-harm. These organizations also reported suspicious deaths. The UN High Commissioner for Refugees reports that in several cases, family members were not allowed to accompany a relative sent to the country for medical treatment. Government policy required such persons to return to Nauru, Papua New Guinea, or their home country at the conclusion of treatment. The government reported that it provided necessary services to refugees. Months-long protests in Brisbane have sought policy changes, including a change to community detention.

Since the repeal of medevac legislation in December 2019, approval of transfers of asylum seekers and refugees from Nauru and Papua New Guinea–under the off-shore agreements with each country–to Australia for medical treatment not available in the regional processing country remains subject to the discretion of federal ministers. The home affairs minister has approved the medical transfer of 71 persons from Nauru and Papua New Guinea to Australia since the December 2019 repeal; the most recent person arrived from Nauru in July.

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. The UN High Commissioner for Refugees identifies and refers most applicants considered under the program. The government rejected family reunification as a ground for approval of an asylum request.

The law allows the home affairs minister to enter into agreement with a third country to designate that country as a regional processing country for migrants who attempt to enter the country illegally.

Unauthorized maritime arrivals transferred to a regional processing country have their protection claims assessed by the regional processing country under its domestic laws. Since 2019, persons transferred to these countries were no longer held in camps and resided in community-based accommodation while their claims were processed. Australia has memoranda of understanding on regional processing with Papua New Guinea and Nauru and had such arrangements with Cambodia from 2014-18. The settlement arrangements provide for third-country resettlement of unauthorized maritime arrivals that Nauru or Papua New Guinea assess to need international protection.

Australia has another arrangement with Papua New Guinea for the settlement of persons it assesses need international protection. Under this arrangement, any unauthorized maritime arrival entering Australian waters is liable for transfer to Papua New Guinea for processing and resettlement there or in any other participating regional states.

Christmas Island was reopened in August to accommodate overflow in Australia’s immigration detention network. The government says it will initially support 250 persons, mostly individuals whose visas were cancelled for character reasons (i.e., persons who served 12 months or more in jail and are pending removal from Australia). The government stated there is no intention to take asylum seekers, including persons from regional processing countries, to Christmas Island.

By law the government must facilitate legal representation when requested (section 256 of the Migration Act). Some government-funded legal assistance remained available for unauthorized maritime arrivals.

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 or job training 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 the country and were not taken to regional processing countries. The Temporary Protection Visa is valid for three years, and visa holders can work, study, and reside anywhere in the country with access to support services. Once expired, Temporary Protection Visa holders are eligible to reapply for another. The Safe Haven Enterprise Visa is valid for five years and is granted on the basis that visa holders intend to work or study in nonmetropolitan areas. Safe Haven Enterprise Visa holders are eligible to apply for certain permanent or temporary visas after 42 months.

g. Stateless Persons

Not applicable.

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 May 2019. Voters re-elected the Liberal-National Party Coalition government. The coalition won 77 seats in the 151-seat House of Representatives; the opposition Labor Party won 68 seats and others won six seats.

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

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.

Corruption: All states and territories have anticorruption bodies that investigate alleged government corruption, and every state and territory appoints an ombudsman who investigates and makes recommendations in response to complaints about government decisions. The government also appoints one commonwealth (federal) ombudsman as laws differ between states, and one process or policy cannot always be used across jurisdictions.

The law requires persons and entities who have certain arrangements with, or undertake certain activities on behalf of, foreign principals to register with the government.

Financial Disclosure: The law requires all federal, state, and territorial 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. The law prohibits foreign campaign contributions.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses 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, an independent organization established by parliament, investigates complaints of discrimination or breaches of human rights under the federal laws that implement the country’s human rights treaty obligations. The commission 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 of men and women, 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. The laws of individual states and territories provide the penalties for domestic violence. In the largest jurisdiction, New South Wales, domestic violence offenses cover acts of personal violence (such as stalking, intimidation, or strangulation) committed against a person with whom the offender has (or had) a domestic relationship. For domestic-violence offenses, courts must impose a full-time prison sentence unless a valid exception applies. In the case of strangulation, an offense associated with domestic violence, the maximum penalty is five years’ imprisonment.

Violence against women remained a problem, particularly in indigenous communities. Indigenous women were 32 times as likely to be hospitalized due to family violence as nonindigenous women, according to a 2018 report.

According to a 2019 statement by the Australian Bureau of Statistics, the proportion of women who experienced partner violence in the last decade remained relatively stable. Women were more likely than men to be victims of domestic violence, including homicide, across all states and territories. In July a survey of 15,000 women by the Australian Institute of Criminology revealed more than half of women who had experienced physical or sexual violence before the COVID-19 pandemic said violence had become more frequent. The research found 8.8 percent of women in a relationship experienced physical or sexual violence from a current or former cohabiting partner between February and May.

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.

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 Human Rights Commission receives complaints of sexual harassment as well as sex discrimination. The penalties vary across states and territories.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have the information and means to do so, free from discrimination, coercion, or violence. State and territorial governments provided comprehensive sex education and sexual health and family planning services. Women had access to contraception and skilled medical care, including attendance by skilled health-care workers during pregnancy and childbirth. Indigenous persons in isolated communities had more difficulty accessing such services than the population in general. Cultural factors and language barriers also inhibited use of sexual health and family planning services by indigenous persons, and rates of sexually transmitted diseases and teenage pregnancy among the indigenous population were higher than among the general population. Government, at national and state and territory levels, provided access to sexual and reproductive health services for survivors of sexual violence.

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

Discrimination: The law provides the same legal status and rights for women and 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

The Law Council of Australia and other civil society groups campaigned for all Australian jurisdictions to raise the age of criminal responsibility from 10 to 14.

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 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.

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

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18 for both boys and girls. Persons age 16 to 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. Forced marriage is a criminal offense. In 2019 the government expanded the definition of forced marriage explicitly to capture all marriages involving children younger than age 16. The government reported an increase in the number of forced marriage investigations, but the practice remained rare.

Sexual Exploitation of Children: The law provides a maximum penalty of 25 years’ imprisonment for commercial sexual exploitation of children and was effectively enforced.

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 a possibly substantial fine and 15 years’ imprisonment. Under federal law, suspected pedophiles can be tried in the country regardless of where the crime was committed, and the maximum penalty for persistent sexual abuse of a child outside the country is 25 years’ imprisonment.

The government largely continued federal emergency intervention measures to combat child sexual abuse in indigenous communities in the Northern Territory, following findings of high levels of child sexual abuse and neglect in a 2007 inquiry. 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.

Public reaction to the interventions was mixed, with some indigenous activists asserting 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 Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

According to the 2016 census, the country’s Jewish community numbered 91,000. The nongovernmental Executive Council of Australian Jewry reported an incremental increase in anti-Semitic incidents every year since 2015. These incidents included vandalism, threats, harassment, and physical and verbal assaults. According to press reports, persons in the country posted comments and shared various images online, portraying the coronavirus as a “Jew,” as well as accusing Jews of creating and spreading the virus.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government effectively enforced the law.

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

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 government sources, approximately half of Australians with a disability are employed, compared with approximately 80 percent of all working-age persons.

Members of National/Racial/Ethnic Minority Groups

Of total complaints (2,307) received by the Human Rights Commission in 2019-20, 17 percent related to racial discrimination. The plurality of racial discrimination complaints related to the provision of goods and services (37 percent), with the second largest category being discrimination related to employment (19 percent). One percent of racial discrimination complaints related to access to places and facilities.

Indigenous People

Aboriginal persons and Torres Strait Islanders constitute the country’s indigenous population. Despite federal and state government initiatives, indigenous peoples 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 National Indigenous Australians Agency 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 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 national government administered indigenous communities directly and has a number of programs that provide funding for indigenous communities.

According to the Bureau of Statistics, while indigenous peoples 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. Figures from parliament note that indigenous youth were significantly overrepresented in the criminal justice system. The data indicates that 68 percent of detained juveniles were from an indigenous background, notably rising to 100 percent of detained juveniles in the Northern Territory in 2019 and 2020, when it was more likely that an indigenous juvenile would be incarcerated than at any other point since 1991, when the Royal Commission into Aboriginal Deaths in Custody report was released. An Australian Law Reform Commission study released in March 2018 found that the justice system contributed to entrenching inequalities by not providing enough sentencing options or diversion programs for indigenous offenders.

The Human Rights Commission has an Aboriginal and Torres Strait Islander social justice commissioner.

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

No laws criminalize 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.

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 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 or enabling an employee or employer to “opt out” of coverage of the agreement. Furthermore, the law prohibits multi-enterprise agreements or “pattern bargaining,” although low-paid workers can apply for a “low-paid bargaining stream” to conduct multi-enterprise bargaining.

When deciding whether to grant a low-paid authorization, the Fair Work Commission looks at factors including the 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 jurisdictions have further restrictions. For example, in New South Wales, the state government may cancel a union’s registration if the government proclaims 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 commensurate with those for other laws involving denials of civil rights, such as discrimination. The Fair Work Commission is the national independent industrial relations management institution. Its functions include facilitating dispute resolution; if dispute resolution is unsuccessful, the parties may elect the commission to arbitrate the dispute, or the applicant may pursue a ruling by a federal court. Procedures were not subject to lengthy delays or appeals.

Unions reported concerns that the scope of collective bargaining had narrowed in recent years, including through decisions by the Fair Work Commission, 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. Penalties were commensurate with those for analogous serious crimes, such as kidnapping. Since 2019, companies of a certain size must file annual statements identifying risks for modern slavery in their supply chains and efforts to address those risks.

The government effectively enforced applicable labor laws. Most forced labor cases were addressed through civil law, resulting in convicted labor traffickers receiving only fines and other civil penalties that were not commensurate with those for analogous serious crimes, such as kidnapping.

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.

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

c. Prohibition of Child Labor and Minimum Age for Employment

Not all of the worst forms of child labor are prohibited. As noted by the International Labor Organization, no law prohibits the use, procuring, or offering of a child younger than age 18 for certain illicit activities, in particular for the production and trafficking of drugs, in the Northern Territory.

There is no federally mandated minimum age of employment. In Victoria, the minimum age of employment is 15. 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 younger than 21 may not obtain a winding engine driver’s certificate.

Federal, state, and territorial governments effectively monitored and enforced the laws. Penalties for violations were commensurate with those for analogous serious crimes, such as kidnapping.

The Office of the Fair Work Ombudsman 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 https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings  for information on the territories of Christmas Island, Cocos (Keeling) Island, and Norfolk Island.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination on the basis of race, religion, national origin, color, sex, ethnicity, disability, age, sexual orientation or gender identity, HIV/AIDS status, or refugee or stateless status. Federal, state, and territory laws provide for protections against employment discrimination.

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 program to enter the workforce when they have the capacity to do so, including by requiring compulsory workforce activities for its recipients younger than age 35 who can work for more than eight hours per week.

The government enforced laws prohibiting employment discrimination and penalties were commensurate with laws related to civil rights, such as election interference; 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 14 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.

In 2017-18, the latest year for which such data were available, approximately 30 percent of the complaints about disability discrimination received by the Human Rights Commission were in the area of employment.

e. Acceptable Conditions of Work

For a single adult living alone, the minimum wage exceeded the poverty line defined as 50 percent of median income.

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 endanger 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 Office of the Fair Work Ombudsman provides employers and employees advice on their rights and has authority to investigate employers alleged to have exploited employees unlawfully. The ombudsman also has authority to prosecute employers who do not meet their obligations to workers. Ombudsman inspectors may enter work sites unannounced if they reasonably believe it is necessary to ensure compliance with the law. The number of ombudsman inspectors was sufficient to enforce compliance and penalties were commensurate with those for crimes like negligence. Inspectors can order employers to compensate employees and sometimes assess fines. 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.

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 2018 Fair Work Ombudsman’s Harvest Trail inquiry into the exploitation of overseas workers in the agricultural sector, the ombudsman 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.

Safe Work Australia, the government agency responsible for developing and coordinating national workplace health and safety policy, cited a preliminary estimate that, in the year to November 5, 140 workers died while working. Of these fatalities, 44 were in the transport, postal,