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Bahrain

Executive Summary

Bahrain is a constitutional, hereditary monarchy. King Hamad Bin Isa al-Khalifa, the head of state, appoints the cabinet, consisting of 24 ministers; 12 of those ministers were members of the al-Khalifa ruling family. The king, who holds ultimate authority over most government decisions, also appoints the prime minister, the head of government, who does not have to be a member of parliament. Parliament consists of an appointed upper house, the Shura (Consultative) Council, and the elected Council of Representatives, each with 40 seats. The country holds parliamentary elections every four years, and according to the government, 67 percent of eligible voters participated in elections held on November 24. Two formerly prominent opposition parties, al-Wifaq and Wa’ad, did not participate in the elections due to their dissolution by the courts in 2016 and 2017, respectively. The government did not permit international election monitors. Domestic monitors generally concluded authorities administered the elections without significant procedural irregularities.

Civilian authorities maintained effective control over the security forces.

Human rights issues included allegations of torture; arbitrary detention; political prisoners; arbitrary or unlawful interference with privacy; restrictions on freedom of expression, the press, and the internet, including censorship, site blocking, and criminal libel; substantial interference with the rights of peaceful assembly and freedom of association, including restrictions on independent nongovernmental organizations (NGOs) from freely operating in the country; significant restrictions on freedom of movement, including bans on international travel and revocation of citizenship; and restrictions on political participation, including the banning of former members of al-Wifaq and Wa’ad from standing as candidates in the elections.

The government occasionally prosecuted low-level security force members accused of human rights abuses, following investigations by government or quasi-governmental institutions. Nonetheless, due to the frequently slow and ineffective nature of investigations, impunity remained a problem.

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 government security forces committed arbitrary or unlawful killings during the year.

As of December authorities reported they were continuing to investigate the circumstances surrounding the death of five protesters during a May 2017 security operation to clear protesters outside the house of Shia cleric Isa Qassim.

Violent extremists perpetrated dozens of attacks against security officers during the year, resulting in 22 injured personnel. The Ministry of Interior claimed there were 81 terrorist attacks against police from January to August.

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

Government officials sometimes met with local human rights NGOs but generally were not responsive to the views of NGOs they believed were politicized and unfairly critical of the government.

Domestic human rights groups operated with government restrictions, with some human rights activists imprisoned, exiled, or coerced into silence, according to reporting by international human rights organizations. Domestic human rights groups included the Bahrain Human Rights Society and Bahrain Human Rights Watch Society, the primary independent and licensed human rights organizations in the country; the BCHR, which although dissolved by the government in 2004 continued to operate and maintain an online presence; and the unlicensed Bahrain Youth Society for Human Rights. The unlicensed umbrella human rights organization Bahrain Human Rights Observatory also issued numerous reports and had strong ties to international human rights NGOs.

Domestic human rights groups faced significant difficulties operating freely and interacting with international human rights organizations. The government sometimes harassed and deprived local NGO leaders of due process. Local NGO leaders and activists also reported government harassment, including the imposition of travel bans (see section 2.c.), police surveillance, delayed processing of civil documents, and “inappropriate questioning” of their children during interviews for government scholarships.

Individuals affiliated with international human rights and labor organizations, or who were critical of the government, reported authorities indefinitely delayed or refused visa applications, or at times refused entry to the country for individuals who possessed a valid visa or qualified for the country’s visa-free entry program.

Government Human Rights Bodies: A 2016 amendment to a royal decree re-established the country’s National Human Rights Organization, now called the NIHR. The decree strengthened the NIHR by giving it the right to conduct unannounced visits to police facilities and increasing its financial independence. Throughout the year the NIHR conducted numerous human rights workshops, seminars, and training sessions, as well as prison visits, and referred numerous complaints to the PPO. It issued its latest annual report in March and contributed to PDRC, ombudsman, and SIU investigations.

The government also maintained the Ombudsman’s Office within the Ministry of Interior, the SIU within the PPO, and the PDRC. These organizations worked with each other throughout the year.

International human rights organizations questioned the independence and effectiveness of government-affiliated oversight institutions. Local and international observers and human rights organizations also continued to express concern the government had not fully implemented BICI recommendations, including dropping charges against individuals engaged in nonviolent political expression, criminally charging security officers accused of abuse or torture, integrating Shia citizens into security forces, and creating an environment conducive to national reconciliation.

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

Women

Rape and Domestic Violence: Rape is illegal, although the criminal code allows an alleged rapist to marry his victim to avoid punishment. The law does not address spousal rape. Penalties for rape include life imprisonment and execution in cases where the victim is a minor younger than 16 or when the rape leads to the victim’s death.

The law states violence against women is a crime, and during the year government leaders and members of parliament participated in awareness-raising activities to include debates on additional legislation. According to reports from the BCHR, 30 percent of women experienced some form of domestic abuse. Authorities devoted little public attention to the problem. The government maintained the Dar al-Aman Shelter for women and children who were victims of domestic violence. Victims of domestic violence, however, reported difficulty knowing whom to contact or how to proceed when filing a complaint.

The government increased its documentation and prosecution of physical or sexual abuse of women. The Ministry of Justice reported documenting 3,500 cases of physical or sexual abuse as of September, four times the number of cases in the previous year, of which 257 were cases of sexual abuse. Of these cases, 99 involved children. Of the 3,500 cases, 706 resulted in conviction, 15 times the conviction rate in 2017. Ten cases of rape were reported, one of which was referred to court; proceedings for the case were underway as of September.

Other Harmful Traditional Practices: By law “honor” killings are punishable, but the penal code provides a lenient sentence for killing a spouse caught in the act of adultery, whether male or female.

Sexual Harassment: The law prohibits sexual harassment, including insulting or committing an indecent act towards a woman in public, with penalties of imprisonment and fines. Although the government sometimes enforced the law, sexual harassment remained a widespread problem for women, especially foreign women domestic workers.

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

Discrimination: Women have the right to initiate divorce proceedings in religious or civil court, but Shia and Sunni religious courts may refuse the request. In divorce cases the courts routinely granted mothers custody of daughters younger than age nine and sons younger than age seven, with fathers typically gaining custody once girls and boys reached ages nine and seven, respectively. Regardless of custody decisions, the father retains guardianship, or the right to make all legal decisions for the child until age 21. A noncitizen woman automatically loses custody of her children if she divorces their citizen father “without just cause.”

The basis for family law is sharia as interpreted by Sunni and Shia religious experts. In July 2017 King Hamad ratified the Shia portion of the Unified Family Law codifying the rights of Shia citizens, in particular women, according to the civil code on issues such as marriage, divorce, child custody, and inheritance. Shia and Sunni family law had been enforced by separate judicial bodies composed of religious authorities charged with interpreting sharia. The new civil law provides access to family courts for all women, ensuring the standardized application of the law and further legal recourse as decisions made by family court judges are subject to review by the Supreme Judicial Council. It was not always clear which courts have jurisdiction in mixed Sunni-Shia marriages.

Women may own and inherit property and represent themselves in all public and legal matters. In the absence of a direct male heir, Shia women may inherit all of their husband’s property, while Sunni women inherit only a portion, with the brothers or other male relatives of the deceased also receiving a share. The government respected wills directing the division of assets according to the deceased.

Labor laws prohibit discrimination against women, but discrimination against women was systemic, especially in the workplace, although the law prohibits wage discrimination based on gender (see section 7.d.).

Women experienced gains in government and business. The number of women elected to parliament increased from three to six representatives, and for the first time in the history of the country, the Council of Representatives elected a woman as speaker. In the business sector, women-led entrepreneurial ventures constituted more than half of filings for new businesses.

Children

Birth Registration: Individuals derive citizenship from their father or by decree from the king. Women do not transmit their nationality to their children, rendering stateless some children of citizen mothers and noncitizen fathers (see section 2.d.).

Authorities do not register births immediately. From birth to age three months, the mother’s primary health-care provider holds registration for the children. Upon reaching three months, authorities register the birth with the Ministry of Health’s Birth Registration Unit, which then issues the official birth certificate. Children not registered before reaching their first birthday must obtain a registration by court order. The government does not provide public services to a child without a birth certificate.

Education: Schooling is compulsory for children until age 15 and is provided free of charge to citizens and legal residents through grade 12. Authorities segregated government-run schools by gender, although girls and boys used the same curricula and textbooks. Islamic studies based on Sunni doctrine are mandatory for all Muslim public school students and are optional for non-Muslim students.

Child Abuse: The Family Courts established in 2017 have jurisdiction over issues including child abuse. NGOs expressed concern over the lack of consistently written guidelines for prosecuting and punishing offenders and the leniency of penalties in child-abuse-conviction cases in the sharia courts.

There were reports police approached children outside schools and threatened or coerced them into becoming police informants.

Early and Forced Marriage: According to the law, the minimum age of marriage is 15 years for girls and 18 years for boys, but special circumstances allow marriages below these ages with approval from a sharia court.

Sexual Exploitation of Children: The law prohibits exploitation of a child for various crimes, including prostitution. Penalties include imprisonment of no less than three months if the accused used exploitation and force to commit the crime and up to six years if the accused exploited more than one child, as well as penalties of at least 2,000 dinars ($5,300) for individuals and at least 10,000 dinars ($26,500) for organizations. The law also prohibits child pornography. The Ministry of Justice reported prosecuting 22 cases of sexual exploitation of children as of September, a significant increase over the prior year.

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

Anti-Semitism

According to community members, there were between 36 and 40 Jewish citizens (six families) in the country. Some anti-Jewish political commentary and editorial cartoons occasionally appeared in print and electronic media, usually linked to the Israeli-Palestinian conflict, without government response.

Trafficking in Persons

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

Persons with Disabilities

The law stipulates equal treatment for persons with disabilities with regard to employment, and violations of the law are punishable with fines. The government administered a committee to ensure the provision of care for persons with disabilities that included representatives from all relevant ministries, NGOs, and the private sector. The committee is responsible for monitoring violations against persons with disabilities. During the year the government prosecuted two cases for violations against persons with disabilities.

Authorities mandated a variety of governmental, quasi-governmental, and religious institutions to support and protect persons with disabilities. New public buildings in the central municipality must include facilities for persons with disabilities. The law does not mandate access to other nonresidential buildings for persons with disabilities.

No information was available on the responsibilities of government agencies to protect the rights of persons with disabilities, although building codes required all new government building to be accessible. According to anecdotal evidence, persons with disabilities routinely lacked access to education and employment. The sole government school for children with hearing disabilities did not operate past the 10th grade. Some public schools had specialized education programs for children with learning disabilities, physical disabilities, speech disabilities, and intellectual disabilities, including Down syndrome.

Eligible voters may vote either in their regular precincts or in a general polling station. The local precincts, which are mostly in schools, sometimes posed problems to those with mobility disabilities. General polling stations in public spaces such as malls allowed for assistive devices. There was no absentee ballot system.

The law requires the government to provide vocational training for persons with disabilities who wish to work. The law also requires employers of more than 100 persons to hire at least 2 percent of its employees from the government’s list of workers with disabilities. The government did not monitor compliance. Some persons with disabilities were employed in the public sector.

The Ministry of Labor and Social Development continued to work with the UN High Committee for Persons with Disabilities in cooperation with the UN Development Program.

National/Racial/Ethnic Minorities

The law grants citizenship to ethnic Arab applicants who have resided in the country for 15 years and non-Arab applicants who have resided in the country for 25 years. There were numerous reports authorities did not apply the citizenship law uniformly. Human rights and civil society groups stated the government allowed foreign Sunni employees of the security services who had lived in the country less than 15 years to apply for citizenship. There were also reports authorities had not granted citizenship to Arab Shia residents who had resided in the country for more than 15 years and non-Arab foreign residents who had resided more than 25 years. Rights groups reported discrimination, especially in employment, against Shia citizens of Persian ethnicity (Ajam).

Although the government asserted the labor code for the private sector applies to all workers, the International Labor Organization (ILO) and international NGOs noted foreign workers faced discrimination in the workplace.

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

The law does not criminalize same-sex sexual conduct between consenting adults at least 21 years old, but it does not extend antidiscrimination protections to lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals on the basis of their sexual orientation or gender identity.

Discrimination based on sexual orientation or gender identity occurred, including in employment and obtaining legal identity documents. In some cases, however, courts permitted transgender individuals to update identity documents if they had undergone sex reassignment surgery.

HIV and AIDS Social Stigma

There were no known cases involving societal violence or discrimination against persons based on HIV/AIDS status, but medical experts acknowledged publicly that discrimination existed. The government mandated screening of newly arrived migrant workers for infectious diseases, including HIV/AIDS. In prior years the government deported migrant workers found to be HIV/AIDS positive, but the status of deportations during the year was unclear.

Bangladesh

Executive Summary

Bangladesh’s constitution provides for a parliamentary form of government, but in fact, most power resides in the Office of the Prime Minister. Prime Minister Sheikh Hasina and her Awami League party won a third consecutive five-year term in an improbably lopsided December parliamentary election that was not considered free and fair, and was marred by reported irregularities, including ballot-box stuffing and intimidation of opposition polling agents and voters. During the campaign leading up to the election, there were credible reports of harassment, intimidation, arbitrary arrests, and violence that made it difficult for many opposition candidates and their supporters to meet, hold rallies, and campaign freely. International election monitors were not issued accreditation and visas within the timeframe necessary to conduct a credible international monitoring mission, and only seven of the 22 Election Working Group NGOs were approved to conduct domestic election observation.

Civilian authorities maintained effective control over the security forces.

Human rights issues included unlawful or arbitrary killings; forced disappearance; torture; arbitrary or unlawful detentions by the government or on its behalf; harsh and life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; censorship, site blocking, and criminal libel; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organizations (NGO) laws and restrictions on the activities of NGOs; significant restrictions on freedom of movement; restrictions on political participation, where elections have not been found to be genuine, free, or fair; corruption; trafficking in persons; violence against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons and criminalization of same-sex sexual activity; restrictions on independent trade unions, workers’ rights, and use of the worst forms of child labor.

There were reports of widespread impunity for security force abuses. The government took few measures to investigate and prosecute cases of abuse and killing by security forces.

The United Nations reported three allegations of sexual exploitation and abuse against peacekeepers from Bangladesh in 2017; the allegations remained pending.

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 constitution provides for the rights to life and personal liberty. There were numerous reports, however, that the government or its agents committed arbitrary or unlawful killings.

Law enforcement raids occurred throughout the year, primarily to counter terrorist activity. Suspicious deaths occurred during some raids, arrests, and other law enforcement operations. Security forces frequently accounted for such deaths by claiming when they took a suspect in custody to a crime scene to recover weapons or identify coconspirators, the suspect was killed during an exchange of gunfire when accomplices at the location shot at police. The government usually described these deaths as “crossfire killings,” “gunfights,” or “encounter killings,” terms used to characterize exchanges of gunfire between the Rapid Action Battalion (RAB) or other police units and criminal gangs. The media also sometimes used these terms to describe legitimate uses of police force. Human rights organizations and media outlets claimed many of these crossfire incidents actually constituted extrajudicial killings. In some cases human rights organizations claimed law enforcement units detained, interrogated, and tortured suspects, brought them back to the scene of the original arrest, executed them, and ascribed the death to lawful self-defense in response to violent attacks. A domestic human rights organization, Human Rights Support Society (HRSS), reported security forces killed more than 400 individuals in crossfire incidents from January through September. Another domestic human rights organization, Odhikar, reported security forces killed 415 individuals in crossfire incidents from January through October.

The government initiated an antinarcotics drive in May aimed at addressing a perceived narcotics problem in the country. The drive resulted in an increase of reported extrajudicial killings relative to last year. Local media reported approximately 230 alleged drug dealers were killed and 17,000 arrests were made from May through June. Human rights organizations and civil society expressed concern over the alleged extrajudicial killings and arrests, claiming many of the victims were innocent and contended the antinarcotics drive was a government effort to exert increased political control over the populace in advance of the national election.

On May 26, RAB forces shot and killed Teknaf City Municipal Councilor Ekramul Haque in Cox’s Bazar District during a gunfight with drug dealers. Haque’s family members disputed RAB’s assertion Haque was involved in narcotics and claimed plainclothes government agents picked up Haque from his home hours before his death to discuss what the government agents alleged was a recent real estate purchase. Community members also disputed Haque’s involvement with illegal narcotics.

Odhikar reported 57 detainees died while under law enforcement custody in the first 10 months of the year.

On March 6, according to press reports, plainclothes law enforcement officers arrested Zakir Hossain Milon, a student leader of the opposition Bangladesh Nationalist Party (BNP) on allegations of obstruction of justice. During his interrogation Milon complained of an “illness” and was transported to Dhaka Medical College Hospital (DMCH), where staff physicians declared him dead on March 12. Family members alleged Milon died from torture by law enforcement while under interrogation, claiming when they retrieved the remains from DMCH, the victim’s fingernails were missing, and his lower extremities showed multiple severe bruises.

Competition among factions and members of the ruling party for local offices or dominance in their respective neighborhoods provoked violent intraparty clashes, resulting in killings and injuries between supporters of rival candidates. Human rights organization Ain O Salish Kendra (ASK) reported political violence resulted in approximately 30 deaths and 2,850 injuries from January through October.

Terrorists inspired two attacks this year. On March 3, Foyzur Rahman attacked Professor Muhammad Zafar Iqbal at a university in Sylhet. Rahman attacked Iqbal with a knife deeming him an “enemy of Islam.” Iqbal had been a staunch critic of Islamist politics and growing intolerance in local Bangladeshi society. The Counter Terrorism and Transnational Crime Unit (CTTCU) found Rahman had links to Dawah Ilallah, an internet forum run by terrorist organization Ansarullah Bangla Team. Students attempted to restrain Rahman during his attack and turned him over to law enforcement. Iqbal survived the attack with injuries to his head and upper extremity.

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

A number of domestic and international human rights groups generally operated with some government restrictions, investigating and publishing their findings on human rights cases. Government officials were rarely cooperative and responsive to their views.

Although human rights groups often sharply criticized the government, they also practiced some self-censorship. Observers commented on the diminished strength of civil society, exacerbated by threats from extremists and an increasingly entrenched leading political party. Even civil society members affiliated with the ruling party reported receiving threats of arrest from the security forces for public criticism of government policies.

The government continued to restrict the funding and operations of the human rights organization Odhikar. Although the ACC dropped a case against Odhikar in 2016, Odhikar representatives continued to report harassment by government officials and security forces, including disruption of their planned events. On June 6, Special Branch (SB) officers entered Odhikar offices demanding information on the organization’s activities. SB also requested the mobile phone numbers of the organization’s officers. On June 25, SB officers entered Odhikar offices again demanding information on the organization’s president. Family members and Odhikar staff reported additional harassment and claimed security officers constantly monitored their telephone calls, emails, and movements.

The government required all NGOs, including religious organizations, to register with the Ministry of Social Welfare. Local and international NGOs working on sensitive topics or groups, such as religious issues, human rights, indigenous peoples, LGBTI communities, Rohingya refugees, or worker rights, faced both formal and informal governmental restrictions. Some of these groups claimed intelligence agencies monitored them. The government sometimes restricted international NGOs’ ability to operate through delays in project registration, cease-and-desist letters, and visa refusals. Some civil society members reported repeated audits by the National Board of Revenue in contrast with most citizens, who were almost never audited.

Numerous NGOs entered Bangladesh in response to the August 2017 Rohingya influx. During the year the NGO Affairs Bureau imposed restrictions on 41 NGOs related to the Rohingya relief effort. The 41 NGOs were permitted to finish ongoing projects, but they were denied the ability to commence new projects. The government did not disclose the names of the NGOs, nor did the government state why restrictions were imposed on the NGOs.

The Foreign Donations (Voluntary Activities) Regulation Act restricts foreign funding of NGOs and includes punitive provisions for those NGOs that make “derogatory” comments regarding the constitution of the country, its founding history, or constitutional bodies (that is, government institutions and leaders).

The United Nations or Other International Bodies: The government had not responded to a UN Working Group on Enforced Disappearances request to visit the country.

Government Human Rights Bodies: The National Human Rights Commission (NHRC) has seven members, including five honorary positions. Observers noted the NHRC’s small government support staff was inadequate and underfunded, limiting the commission’s effectiveness and independence. The NHRC’s primary activity was educating the public about human rights and advising the government on key human rights issues.

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

Women

Rape and Domestic Violence: The law prohibits rape of a female by a male and physical spousal abuse, but the law excludes marital rape if the female is older than 13. Rape can be punished by life imprisonment or the death penalty.

There were reports of sexual violence with impunity. On August 17, police freed Awami League official Mohammed al-Helal four hours after he was arrested on charges of raping an 18-year-old girl in her home in Sherpur Upazila in 2017. Responding to the victim’s cries for help, locals restrained Helal and handed him over to police. When the victim’s family tried to file a case against Helal, Officer-in-Charge Khan Mohammed Erfan refused to file the case. Helal attempted to give the victim’s mother 18,000 BDT ($211) to refrain from pursuing a case against him. The victim’s family then filed a case against Helal with the Borga Women and Children Repression Prevention Tribunal-2 in 2017. In July the Borga Women and Children Repression Prevention Tribunal-2 issued an arrest warrant for Helal. Helal was taken into custody but was freed later, on technical grounds.

According to human rights monitors, many victims did not report rapes due to lack of access to legal services, social stigma, fear of further harassment, and the legal requirement to furnish witnesses.

In April the High Court released a 16-point guideline on the handling of rape cases by law enforcement personnel and other parties to the matter. The guidelines came in response to a 2015 writ petition following complaints of delays in recording rape cases. According to the guidelines, the Officer-in-Charge (OC) of a police station must record any information relating to rape or sexual assault irrespective of the place of occurrence. Chemical/DNA tests are required to be conducted within 48 hours from when the incident was reported. The High Court guidelines also stipulated every police station must have a female police officer available to victims of rape or sexual assault during the recording of the case by the duty officer. The statements of the victim are required to be recorded in the presence of a lawyer a social worker or protection officer, or any other individual the victim deems appropriate. Victims with disabilities should be provided with government-supported interpretation services, if necessary, and the investigating officer along with a female police officer should escort the victim to a timely medical examination.

Other Harmful Traditional Practices: Some NGOs reported violence against women related to disputes over dowries. From January through September, HRSS documented 35 women killed and an additional 41 women injured as a result of dowry-related violence.

On March 6, Rima Begum died at Ujirpur Health Complex after sustaining injuries from dowry-related violence by her husband. Begum’s brother, Arif, said during his sister’s one and a half year marriage to her husband, Shipon Howlader, Begum was often subjected to violence by Howlader and his parents for insufficient dowry. Begum’s father, Akkel Ali, filed a case with the Ujirpur Police Station against Howlader and his parents for the death of his daughter.

On September 16, parliament, in an apparent bid to stop abuse of the 1980 Dowry Prohibition Act, adopted the Dowry Prohibition Act of 2018 incorporating new provisions and rearranging some of the provisions in the original law. The new law contains provisions that have imposed a maximum five years’ imprisonment or a fine of 50,000 BDT (approximately $590) or both for the filing of a false charge under the law. Anyone demanding dowry will be imprisoned for one to five years, or fined 50,000 BDT (approximately $590), or will face both punishments, according to the new law.

A Supreme Court Appellate Division ruling allows the use of “fatwas” (religious edicts) only to settle religious matters; fatwas may not be invoked to justify punishment, nor may they supersede secular law. Islamic tradition dictates only those religious scholars with expertise in Islamic law may declare a fatwa. Despite these restrictions village religious leaders sometimes made such declarations. The declarations resulted in extrajudicial punishments, often against women, for perceived moral transgressions.

Incidents of vigilantism against women occurred, sometimes led by religious leaders enforcing fatwas. The incidents included whipping, beating, and other forms of physical violence.

Assailants threw acid in the faces of victims–usually women–leaving them disfigured and often blind. Acid attacks were often related to a woman’s refusal to accept a marriage proposal or were related to land disputes. From January through September, HRSS documented 13 incidents of acid violence against women.

The law seeks to control the availability of acid and reduce acid-related violence directed toward women, but lack of awareness of the law and poor enforcement limited its effect. The Commerce Ministry restricted acid sales to buyers registered with relevant trade organizations.

On February 4, Sujan Chandra Paul and Arjun Chandra Paul, along with two other assailants, threw acid on the newlywed Jharna Rani, while she was riding on a motorcycle in Baliadangi Upazila with her husband, causing severe burns to her. The Paul family had proposed the marriage of their sister to Rani’s husband, Dilip Kumar, who refused. Rani’s father filed a case with the Baliadangi Police Station against the suspects for the attack on Rani. The charges against the assailants were pending at the end of the year.

Sexual Harassment: Although sexual harassment is prohibited by a 2009 High Court guideline, a 2016 Bangladesh National Woman Lawyers’ Association (BNWLA) document noted harassment remained a problem and monitoring and enforcement of the guidelines were poor, which sometimes prevented girls from attending school or work.

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

Discrimination: The constitution declares all citizens equal before the law with entitlement to equal protection of the law. It also explicitly recognizes the equal rights of women to those of men “in all spheres of the state and of public life.” According to human rights NGOs, the government did not always enforce the constitution or the laws pertaining to gender equality effectively. Women do not enjoy the same legal status and rights as men in family, property, and inheritance law. Under traditional Islamic inheritance law, daughters inherit only half of what sons do. Under Hindu inheritance law, a widow’s rights to her deceased husband’s property are limited to her lifetime and revert to the male heirs upon her death.

Children

Birth Registration: Individuals are born citizens if their parents were Bangladeshi citizens, if the nationality of the parents is unknown and the child is born in Bangladeshi territory, or if their fathers or grandfathers were born in the territories now part of the country. If a person qualifies for citizenship through ancestry, the father or grandfather must have been a permanent resident of these territories in or after 1971. Birth registration is required to obtain a national identity card or passport.

Education: Education is free and compulsory through fifth grade by law, and the government offered subsidies to parents to keep girls in class through 10th grade. Despite free classes, teacher fees, books, and uniforms remained prohibitively costly for many families, and the government distributed hundreds of millions of free textbooks to increase access to education. Enrollments in primary schools showed gender parity, but completion rates fell in secondary school, with more boys than girls completing that level. Early and forced marriage was a factor in girls’ attrition from secondary school.

Child Abuse: Many forms of child abuse, including sexual abuse, physical and humiliating punishment, child abandonment, kidnapping, and trafficking, continued to be serious and widespread problems. Children were vulnerable to abuse in all settings: home, community, school, residential institutions, and the workplace. In 2016 the government, with support from UNICEF, launched “Child Helpline–1098,” a free telephone service designed to help children facing violence, abuse, and exploitation.

On August 4, Supreme Court Chief Justice Syed Mahmud Hossain expressed frustration with 75 judges of 69 juvenile courts across the country for keeping more than 21,500 juvenile cases pending, including 614 cases pending for more than five years. The Children Act of 2013 calls for opening child friendly courts across the country.

Despite advances, including establishing a monitoring agency in the Ministry of Home Affairs, trafficking of children and inadequate care and protection for survivors of trafficking continued to be problems. Child labor and abuse at the workplace remained problems in certain industries, mostly in the informal sector, and child domestic workers were vulnerable to all forms of abuse at their informal workplaces.

Early and Forced Marriage: The legal age of marriage is 18 for women and 21 for men. In 2017 parliament passed the Child Marriage Restraint Act, which includes a provision for marriages of women and men at any age in “special circumstances.” The government ignored the recommendations and concerns raised by child rights organizations, human rights organizations, and development partners concerning this act. In 2017 the High Court ruled that the government should explain why the provision allowing the marriage of a minor should not be declared illegal in response to a writ petition filed by BNWLA. BNWLA’s petition argued the Muslim Family Law describes marriage as a “contract,” and a minor could not be a party to a contract.

In June, Abhaynagar subdistrict officials stopped the underage marriage of 15-year-old Bonna Roy. Officials and police officers arrived at the fiance’s family’s home shortly before the ceremony after receiving an anonymous tip. The fiance fled the scene. The fiance’s father was arrested and subsequently released on bail. Roy was returned to her parents.

According to government data, 52 per cent of girls were victims of child marriage in 2011. UNICEF’s 2018 report estimated this figure at 59 per cent. The secretary of the Ministry of Women and Children’s Affairs disagreed with UNICEF’s findings and claimed to the Prothom Alo newspaper the rate of child marriages fell significantly in the country during the year. According to the UNICEF report, child marriage prevalence has fallen by 15 percent globally, whereas the rate of decrease in South Asia was 30 percent.

In an effort to reduce early and forced marriages, the government offered stipends for girls’ school expenses beyond the compulsory fifth-grade level. The government and NGOs conducted workshops and public events to teach parents the importance of their daughters waiting until age 18 before marrying.

Sexual Exploitation of Children: The penalty for sexual exploitation of children is 10 years’ to life imprisonment. Child pornography and the selling or distributing of such material is prohibited.

Displaced Children: See section 2.d.

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

Anti-Semitism

There was no Jewish community in the country, but politicians and imams reportedly used anti-Semitic statements to gain support from their constituencies.

Trafficking in Persons

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

Persons with Disabilities

The law provides for equal treatment and freedom from discrimination for persons with disabilities, but the government did not effectively enforce these provisions.

Although the law requires physical structures be made accessible to those with disabilities, the government did not implement the law effectively. The law calls for the establishment of local committees to expedite implementation of the law, but most committees have not yet been activated. In many cases local authorities are not aware of their responsibilities under this law. A report prepared by several NGOs in 2016 highlighted negligence in areas such as accessibility in physical structures; access to justice; rights of women with disabilities; freedom from exploitation, violence, and abuse; the right to education, health, and a decent work place; the right to employment; and political rights and representation.

The law requires persons with disabilities to register for identity cards to track their enrollment in educational institutions and access to jobs. This registration allows them to be included in voter lists, to cast votes, and to participate in elections. It states no person, organization, authority, or corporation shall discriminate against persons with disabilities and allows for fines or three years’ imprisonment for giving unequal treatment for school, work, or inheritance based on disability, although implementation of the law was uneven. The law also created a 27-member National Coordination Committee charged with coordinating relevant activities among all government organizations and private bodies to fulfill the objectives of the law. Implementation of the law was slow, delaying the formation and functioning of Disability Rights and Protection Committees required by the legislation.

According to the NGO Action against Disability, 90 percent of children with disabilities did not attend public school. The government trained teachers about inclusive education and recruited disability specialists at the district level. The government also allocated stipends for students with disabilities.

The law affords persons with disabilities the same access to information rights as nondisabled persons, but family and community dynamics often influenced whether these rights were exercised.

The law identifies persons with disabilities as a priority group for government-sponsored legal services. The Ministry of Social Welfare, the Department of Social Services, and the National Foundation for the Development of the Disabled are the government agencies responsible for protecting the rights of persons with disabilities.

The government did take official action to investigate those responsible for violence and abuses against persons with disabilities. On February 15, the Bangladesh Police arrested Amzad Ali for the rape of a girl with disabilities. Amzad lured the girl into an open field with promises of agricultural produce. Upon cries for help, the girl’s sister rushed to the scene, and Amzad fled. Members of the community telephoned the Bangladesh National Help Desk. The family of the victim filed a case against Amzad under the Women and Children Repression Prevention Act.

On January 21, Bangladesh Police arrested the father, grandparents, and aunt for the murder of one-month old Akita Khatun. Akita was born prematurely and suffered from severe disabilities. According to Assistant Superintendent of Ishwardi Police Mohammad Johurul Haque, Akita’s family did not want the burden associated with caring for a child with disabilities. The child’s relatives hid her in a cabinet away from her mother. Later, police found Akita dead in the cabinet in her home. Akita’s mother, Nishi Khatun, told police she was tortured by her in-laws for not birthing a male child and for Akita’s disabilities. The cases against Akita’s father, grandparents, and aunt remained pending.

Government facilities for treating persons with mental disabilities were inadequate. The Ministry of Health established child development centers in all public medical colleges to assess neurological disabilities. Several private initiatives existed for medical and vocational rehabilitation as well as for employment of persons with disabilities. National and international NGOs provided services and advocated for persons with disabilities. The government established 103 disability information and service centers in all 64 districts, where local authorities provided free rehabilitation services and assistive devices. The government also promoted autism research and awareness. The government inaugurated an electronic system to disburse social welfare payments, including disability allowances.

Government inaction limited the rights of persons with disabilities to participate in civic life, including accessibility in elections.

National/Racial/Ethnic Minorities

There were no major attacks on religious minorities motivated by transnational violent extremism. There were, however, reports of attacks on Hindu and Buddhist property and temples for economic and political reasons. Police had not filed charges against Muslim villagers accused of vandalizing and burning approximately 30 Hindu houses in Rangpur in November 2017 in response to a rumored Facebook post demeaning Islam.

NGOs reported national origin, racial, and ethnic minorities faced discrimination. For example, some Dalits (lowest-caste Hindus) had restricted access to land, adequate housing, education, and employment.

Indigenous People

The Chittagong Hill Tracts (CHT) indigenous community experienced widespread discrimination and abuse despite nationwide government quotas for participation of indigenous CHT residents in the civil service and higher education. These conditions also persisted despite provisions for local governance in the 1997 CHT Peace Accord, which had not been fully implemented. Indigenous persons from the CHT were unable to participate effectively in decisions affecting their lands due to disagreements regarding land dispute resolution procedures under the Land Commission Act.

Indigenous communities in areas other than the CHT reported the loss of land to Bengali Muslims, and indigenous peoples’ advocacy groups reported continued land encroachment by Rohingya settlers from Burma. The government continued construction projects on land traditionally owned by indigenous communities in the Moulvibazar and Modhupur forest areas. According to an August 9 Daily Starnewspaper report, the last six Marma families of Saingya Marmapara village in Bandarban moved out of the village in January because influential individuals made continued land grab attempts. In this village 42 Marma families used to live; however, most have departed at the behest of “land grabbers.” According to the tribal headman, who has taken shelter at his relative’s house in a neighboring village, the land and jhum crop left behind are now under the control of Jasim Uddin Mantu, Chairman of Sylvan Wye Resorts and Spa Limited.

The central government retained authority over land use. The land commission, designed to investigate and return all illegally acquired land, did not resolve any disputes during the year.

The Chakma and Marma indigenous communities, organized under different political groups, engaged in intraindigenous community violence causing dozens of deaths. According to press accounts, at least 34 members of the two indigenous groups were killed by intraindigenous community rivals from January to August. On August 18, seven individuals, including three leaders of the United Peoples’ Democratic Forum (UPDF), were killed and six were injured in two attacks where firearms were used in Khagrachhari District. On May 28, three UPDF members were shot and killed as they were conducting a meeting at a private home in Baghaichhari Upazila of Rangamati District. On May 3, Shaktiman Chakma, chairman of Naniarchar Upazila Council in Rangamati and leader of Parbatya Chattagram Jana Samhati Samiti (PCJSS) (MN Larma faction), was shot and killed on his way to work. PCJSS blamed the killing on UPDF, which denied the accusation. The factional clashes between and within UPDF and PCJSS resulted mostly from the desire to establish supremacy in particular geographic areas. Media reports said many leaders of these factions are engaged in extortion of money. Meanwhile, the deaths and violence remain unresolved.

There were reports of sexual assaults on indigenous women and children by Bengali neighbors or security personnel. According to the Kapaeeng Foundation, at least 32 indigenous women and children faced sexual assaults from January to July. Of them 11 were raped and four were killed after their rape. According to media reports, two members of the Bangladesh Border Guard (BGB) in Bandarban offered two minor girls belonging to the Tripura tribe money in exchange for a sexual favor. When the two minor girls refused, they allegedly raped the girls on August 22. The commanding officer of BGB battalion at Naikhangchhari dismissed the incident as a rumor but promised to “look into it.”

Police heavily guarded the hospital where the two girls were admitted and prevented media and NGO personnel from visiting the 12- and 17-year-old girls.

On January 22, security personnel allegedly raped an 18-year-old Marma girl and sexually assaulted her 13-year-old sister during a raid on the village Orachhari in Rangamati. The accused officials publically denied any incidence of rape but administratively confined to the battalion headquarters a personnel member accused of the rape. Police filed a general diary on insistence from civil society but prevented media and NGO personnel from talking to the victims.

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

Same-sex sexual activity is illegal under the Bangladesh Penal Code. The government does not actively enforce the law. LGBTI groups reported the government retains the law as a result of societal pressure. LGBTI groups reported police used the law as a pretext to harass LGBTI individuals, as well as those considered effeminate regardless of their sexual orientation, and to limit registration of LGBTI organizations. Some groups also reported harassment under a suspicious behavior provision of the police code. The transgender population has long been a marginalized, but recognized, part of society, but it faced continued high levels of fear, harassment, and law enforcement contact in the wake of violent extremist attacks against vulnerable communities.

Members of LGBTI communities received threatening messages via telephone, text, and social media, and some were harassed by police.

The law does not prohibit discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services such as health care. LGBTI groups reported official discrimination in employment and occupation, housing, and access to government services.

There were no reports of incidents of involuntary, coercive medical, or psychological practices to “treat” or punish LGBTI individuals.

Organizations specifically assisting lesbians continued to be rare. Strong social stigma based on sexual orientation was common and prevented open discussion of the subject.

The case of Xulhaz Mannan, a human rights activist who was killed in 2016, remained unresolved at the year’s end.

HIV and AIDS Social Stigma

Social stigma against HIV and AIDS and against higher-risk populations could be a barrier for accessing health services, especially for the transgender community and men who have sex with men.

Other Societal Violence or Discrimination

Vigilante killings occurred. Local human rights organizations acknowledged the number of reported cases probably represented only a small fraction of the actual incidents. Illegal fatwas and village arbitration, which a prominent local NGO defined as rulings given by community leaders rather than religious scholars, also occurred. According to Odhikar 45 individuals suffered from vigilante killings from January through October, primarily by public lynching.

Burma

Executive Summary

Burma has a quasi-parliamentary system of government in which the national parliament selects the president and constitutional provisions grant one-quarter of parliamentary seats to active-duty military appointees. The military also has the authority to appoint the ministers of defense, home affairs, and border affairs and one of two vice presidents, as well as to assume power over all branches of the government should the president declare a national state of emergency. In 2015 the country held nationwide parliamentary elections that the public widely accepted as a credible reflection of the will of the people. The National League for Democracy (NLD) party leader Aung San Suu Kyi was the civilian government’s de facto leader and, due to constitutional provisions preventing her from becoming president, remained in the position of state counsellor. During the year parliament selected NLD member Win Myint to replace Htin Kyaw as president, and the country held peaceful and orderly by-elections for 13 state and national offices.

Under the constitution, civilian authorities have no authority over the security forces; the armed forces commander in chief, Senior General Min Aung Hlaing, maintained effective control over the security forces.

Independent investigations undertaken during the year found evidence that corroborated the 2017 ethnic cleansing of Rohingya in Rakhine State and further detailed the military’s killing, rape, and torture of unarmed villagers during a campaign of violence that displaced more than 700,000 Rohingya to neighboring Bangladesh. Some evidence suggested preparatory actions on the part of security forces and other actors prior to the start of violence, including confiscation of knives, tools, iron, and other sharp objects that could be used as weapons in the days preceding attacks by the Arakan Rohingya Salvation Army (ARSA). An additional 13,764 Rohingya fled to Bangladesh between January and September. The government prevented assistance from reaching displaced Rohingya and other vulnerable populations during the year by using access restrictions on the United Nations and other humanitarian agencies. The military also committed human rights abuses in continuing conflicts in Kachin and Shan States.

Human rights issues included reports of unlawful and arbitrary killings by security forces; torture; harsh and sometimes life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; arbitrary arrest and prosecution of journalists and criminalization of defamation; substantial interference with the rights of peaceful assembly and freedom of association, including arrests of peaceful protesters and restrictions on civil society activity; restrictions on religious freedom; significant restrictions on freedom of movement, in particular for Rohingya; corruption by some officials; unlawful use of child soldiers by the government; trafficking in persons; crimes involving violence or threats targeting members of national, ethnic, and religious minorities; and the use of forced and child labor. Consensual same-sex acts among adults remained criminalized, although those laws were rarely enforced.

Although the government took some limited actions to prosecute or punish officials responsible for abuses, the vast majority of such abuses continued with impunity.

Some nonstate groups committed human rights abuses, including killings, unlawful use of child soldiers, forced labor of adults and children, and failure to protect civilians in conflict zones. These abuses rarely resulted in investigations or prosecutions.

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 many reports security forces committed arbitrary or unlawful killings (see also section 1.g.).

Security forces used excessive and sometimes lethal force against civilians. On

January 16, police in Mrauk-U shot and killed seven and injured 12 Rakhine demonstrators who were protesting a decision by officials to cancel an annual event in commemoration of the anniversary of the end of the Arakan Dynasty. Police beat demonstrators–some of whom threw stones and attempted to take over a government administrative building–in addition to firing live rounds into the crowd.

There were several documented extrajudicial killings of Rohingya in Rakhine State during the year and several documented assaults by police against unarmed Rohingya.

On April 5, government soldiers shot and killed the environmental rights activist and community leader Saw O Moo in Karen State. The military stated that Saw O Moo, who was riding a motorcycle with a Karen National Liberation Army (KNLA) fighter, was suspected of involvement in planning attacks. His family and other activists denied this claim and said he was only giving a ride to the KNLA fighter.

With additional, albeit still limited, access to northern Rakhine State granted by the government during the year, Amnesty International reported that Arakan Rohingya Salvation Army (ARSA) fighters were almost certainly responsible for a massacre of 53 Hindu villagers in Kha Maung Seik Village, Maungdaw Township, in August 2017.

The trial of four people charged in the death of Ko Ni, a prominent Muslim lawyer and adviser to Aung San Suu Kyi who was assassinated outside Rangoon’s international airport in January 2017, continued as of October. Civil society groups and religious groups noted Ko Ni’s death had a chilling effect on lawyers working for constitutional reform and accountability for military abuses, as well as on Muslims fighting for improved treatment.

Arbitrary and unlawful killings related to internal conflict also occurred (see section 1.g.).

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

The government did not fully allow domestic human rights organizations to function independently. Human rights NGOs were able to open offices and operate, but there were some reports of harassment and monitoring by authorities, and that authorities sometimes pressured hotels and other venues not to host meetings by activists or other civil society groups.

Human rights activists and advocates, including representatives from international NGOs, continued to obtain short-term visas that required them to leave the country periodically for renewal. The government continued to monitor the movements of foreigners and interrogated citizens concerning contacts with foreigners.

The United Nations or Other International Bodies: As of year’s end, the government had not agreed to the opening of an Office of the UN High Commissioner for Human Rights (OHCHR). While formally allowing OHCHR staff to maintain a nominal presence in country, the government delayed visa issuance for some OHCHR staff members and continued to require travel authorization for travel to Rakhine State and conflict areas.

On September 17, the UN Fact-Finding Mission, established by the UN Human Rights Council, published its final report on the country, which detailed atrocities committed by the military in Rakhine, Kachin, and Shan States, as well as other areas, and characterized the “genocidal intent” of the military’s 2017 operations in Rakhine State. The government denied the Fact-Finding Mission permission to enter the country and publicly disavowed the report.

The government continued not to allow the UN special rapporteur on the situation of human rights in Myanmar to enter the country, but permitted UN special envoy of the Secretary-General on Myanmar Christine Schraner Burgener, who was appointed in April, to enter the country on multiple occasions and meet with officials, including Aung San Suu Kyi and Commander-in-Chief Minh Aung Hlaing.

The ICRC had full access to independent civilian prisons and labor camps. The government also allowed the ICRC to operate in ethnic-minority states, including in Shan, Rakhine, and Kachin States.

Government Human Rights Bodies: The Myanmar National Human Rights Commission investigated some incidents of gross human rights abuses. In some prominent cases, it called on the government to conduct investigations into abuses, and in October it called on the government to facilitate the repatriation of Rohingya from Bangladesh. It also conducted investigations into police mistreatment of detainees (see section 1.d., Arrest Procedures and Treatment of Detainees). Its ability to operate as a credible, independent mechanism remained limited. The commission supported the development of human rights education curricula, distributed human rights materials, and conducted human rights training.

On July 30, the government announced the formation of the Commission of Enquiry (COE) for Rakhine State, headed by Rosario Manalo, a former deputy prime minister of the Philippines. The four-person COE did not release any findings as of October. Previous government-led investigations into reports of widespread abuses by security services against the Rohingya in northern Rakhine State in 2016 yielded no findings of guilt or accountability and were criticized by international observers as deeply flawed.

The Advisory Commission on Rakhine State, established by Aung San Suu Kyi in 2016 and led by former UN secretary-general Kofi Annan, released its final report in August 2017, prior to the ARSA attacks in northern Rakhine State. Observers questioned the government’s claim to have implemented 81 of 88 recommendations in the Advisory Commission’s final report as of October.

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

Women

Rape and Domestic Violence: Rape is illegal but remained a significant problem, and the government did not enforce the law effectively. Spousal rape is not a crime unless the wife is younger than 14 years. Police generally investigated reported cases of rape, but there were reports police investigations were not sensitive to victims. Civil society groups continued to report police in some cases verbally abused women who reported rape, and women could be sued for impugning the dignity of the perpetrator.

Domestic violence against women, including spousal abuse, remained a serious problem. Abuse within families was prevalent and considered socially acceptable. Spousal abuse or domestic violence was difficult to measure because the government did not maintain comprehensive statistics and victims typically did not report it, although the government attempted to document cases and stated cases were on the rise. Laws prohibit committing bodily harm against another person, but there are no laws specifically against domestic violence or spousal abuse unless the wife is younger than 14. Punishment for violating the law includes sentences ranging from one year to life in prison, in addition to possible fines. Overlapping and at times contradictory legal provisions complicated implementation of these limited protections.

The United Nations, media, and NGOs during the year documented the widespread use of rape and sexual violence by the military in Rakhine, Kachin, and Shan States since at least 2011. The military rejected all allegations that rape was an institutionalized practice in the military.

Sexual Harassment: The penal code prohibits sexual harassment and imposes a maximum of one year’s imprisonment and a fine for verbal harassment and a maximum of two years’ imprisonment and a fine for physical contact. There was no information on the prevalence of the problem because these crimes were largely unreported. Local civil society organizations reported police investigators were not sensitive to victims and rarely followed through with investigations or prosecutions.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. In 2015, however, the government enacted the Population Control and Health Care Law, which contains provisions that, if enforced, could impose coercive birth-spacing requirements. Under the law the president or the national government may designate “special regions” for health care following consideration of factors such as population, natural resources, birth rates, and food availability. Once a special region is declared, the government allows the creation of special health-care organizations to perform various tasks, including establishing regulations related to family planning methods. The government has not designated any such special regions since the law’s enactment.

A two-child local order issued by the government of Rakhine State pertaining to the Rohingya population in two northern townships remained in effect, but the government and NGOs reported it was not consistently enforced (see section 1.f.).

Discrimination: By law women enjoy the same legal status and rights as men, including property and inheritance rights and religious and personal status, but it was not clear the government enforced the law. The law requires equal pay for equal work, but it was not clear the formal sector respected this requirement. NGOs reported some sectors, such as the garment industry, did not comply. Poverty affected women disproportionately. The law governing hiring of civil service personnel states nothing shall prevent the appointment of men to “positions that are suitable for men only,” with no further definition of what constitutes positions “suitable for men only.”

Customary law was widely used to address issues of marriage, property, and inheritance, and it differs from the provisions under statutory law.

Children

Birth Registration: The 1982 Citizenship Law automatically confers full citizenship status to 135 recognized national ethnic groups as well as to persons who met citizenship requirements under previous citizenship legislation. Moreover, the government confers full citizenship to second-generation children of both parents with any citizenship, as long as at least one parent has full citizenship. Third-generation children of associate or naturalized citizens can acquire full citizenship. Residents derive full citizenship through parents, both of whom must be one of the 135 officially recognized “national races.” Under the law the government does not officially recognize Rohingya as an ethnic group.

A prominent international NGO noted significant rural-urban disparities in birth registration. In major cities (e.g., Rangoon and Mandalay), births were registered immediately. In larger cities parents must register births to qualify for basic public services and obtain national identification cards. In smaller towns and villages, however, birth registration often was informal or nonexistent. For the Rohingya community, birth registration was a significant problem (see section 2.d.). The Advisory Commission on Rakhine State noted in its interim report nearly one-half of all residents in Rakhine State lacked birth documentation and recommended the government introduce a comprehensive birth registration campaign.

A birth certificate provided important protections for children, particularly against child labor, early marriage, and recruitment into the armed forces and armed groups. Sometimes a lack of birth registration, but more often a lack of availability, complicated access to public services in remote communities.

Education: By law, education is compulsory, free, and universal through the fourth grade. The government continued to allocate minimal resources to public education, and schools charged informal fees.

Education access for internally displaced and stateless children remained limited.

Child Abuse: Laws prohibit child abuse, but they were neither adequate nor enforced. NGOs reported corporal punishment was widely used against children as a means of discipline. The punishment for violations is a maximum of two years’ imprisonment or a maximum fine of 10,000 kyats ($6.30). There was anecdotal evidence of violence against children occurring within families, schools, in situations of child labor and exploitation, and in armed conflict. The Ministry of Social Welfare, Relief, and Resettlement continued its child protection programs. In Rakhine State continued violence left many families and children displaced or with restrictions on their movement, and this dislocation at times exposed them to an environment of violence and exploitation. Armed conflict in Kachin and Shan States had a similar adverse effect on children in those areas.

Early and Forced Marriage: The law stipulates different minimum ages for marriage based on religion and gender: The minimum age for Buddhists is 18 years, and the minimum age for Christians is 16 for boys and 15 for girls, but child marriage still occurred. According to the 2014 census, more than 13 percent of women married between ages 15 and 19. There were no reliable statistics on forced marriage. Child marriage remained a problem in rural areas.

Sexual Exploitation of Children: Children were subjected to sex trafficking in the country, and a small number of foreign child-sex tourists exploited children. The law does not explicitly prohibit child-sex tourism, but it prohibits pimping and prostitution, and the penal code prohibits sex with a minor younger than 14 years. The penalty for the purchase and sale of commercial sex acts from a child younger than 18 is 10 years’ imprisonment. The law prohibits pornography and specifies a penalty of two years’ minimum imprisonment and a fine of 10,000 kyats ($6.30). If a victim is younger than 14, the law considers the sexual act statutory rape. The maximum sentence for statutory rape is two years’ imprisonment when the victim is between 12 and 14, and 10 years’ to life imprisonment when the victim is younger than 12.

Displaced Children: The mortality rate of internally displaced children in conflict areas was significantly higher than in the rest of the country (see section 2.d.). The United Nations estimated that 53 percent of the 128,000 IDPs in Rakhine State are children; the vast majority of this population is Rohingya. The UN estimated that 46 percent of the 98,000 IDPs in Kachin State are children and 48 percent of the 8,500 IDPs in northern Shan State are children.

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

Anti-Semitism

There was one synagogue in Rangoon serving a small Jewish congregation. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, hearing, intellectual, and mental disabilities. The law does not specifically prohibit discrimination against persons with disabilities in air travel and other forms of transportation, but it directs the government to assure that persons with disabilities have easy access to public transportation. The government did not effectively enforce these provisions.

Civil society groups reported that children with disabilities often attended school through secondary education at a significantly lower rate than other persons, and many never attended school due to stigma and lack of any accommodation for their needs.

According to the Myanmar Physical Handicap Association, a significant number of military personnel, armed group members, and civilians had a disability because of conflict, including because of torture and landmine incidents. There were approximately 12,000 amputees in the country–two-thirds believed to be landmine survivors–supported by five physical rehabilitation centers throughout the country. Persons with disabilities reported stigma, discrimination, and abuse from civilian and government officials. Students with disabilities cited barriers to inclusive education as a significant disadvantage.

Military veterans with disabilities received official benefits on a priority basis, usually a civil service job at equivalent pay, but both military and ethnic-minority survivors in rural areas typically did not have access to livelihood opportunities or affordable medical treatment. Official assistance to nonmilitary persons with disabilities in principle included two-thirds of pay for a maximum of one year for a temporary disability and a tax-free stipend for permanent disability. While the law provides job protection for workers who become disabled, authorities did not implement it.

National/Racial/Ethnic Minorities

Ethnic minorities constituted 30 to 40 percent of the population. The seven ethnic minority states composed approximately 60 percent of the national territory, and significant numbers of minorities also resided within the country’s other regions. Wide-ranging governmental and societal discrimination against minorities persisted, including in areas such as education, housing, employment, and access to health services. International observers noted significant wage discrepancies based on religious and ethnic backgrounds were common.

Burmese generally remained the mandatory language of instruction in government schools. The government’s National Education Strategic Plan, released in April 2017, did not cover issues related to mother-tongue instruction. In schools controlled by ethnic groups, students sometimes had no access to the national curriculum. There were very few domestic publications in indigenous-minority languages.

Tension between the military and ethnic minority populations, while somewhat diminished in areas with cease-fire agreements, remained high, and the military stationed forces in some ethnic groups’ areas of influence and controlled certain cities, towns, and highways. Ethnic armed groups, including the Kachin Independence Organization and the Karen National Union, pointed to the increased presence of army troops as a major source of tension and insecurity. Reported abuses included killings, beatings, torture, forced labor, forced relocations, and rapes of members of ethnic groups by government soldiers. Some groups also committed abuses (see section 1.g.).

The Rohingya in Rakhine State faced severe discrimination based on their ethnicity. Most Rohingya faced extreme restrictions on their ability to travel, avail themselves of health-care services, engage in economic activity (see section 7.d.), obtain an education, and register births, deaths, and marriages (see section 2.d.). Most of those displaced in 2012 remained confined to semipermanent camps with severely limited access to education, health care, and livelihoods.

The military and other security forces committed widespread atrocities against Rohingya villagers starting in August 2017 that were documented during the year, including extrajudicial killings, rape, torture, arbitrary arrest, and burning of hundreds of villages, religious structures, and other buildings. These atrocities and associated events forced more than 700,000 Rohingya to flee to Bangladesh as of September and constituted ethnic cleansing against the Rohingya.

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

Political reforms in recent years made it easier for the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community to hold public events and openly participate in society, yet discrimination, stigma and a lack of acceptance among the general population persisted. Consensual same-sex sexual activity remains illegal under the penal code, which contains a provision against “unnatural offenses” with a penalty of a maximum of 10 years’ imprisonment and a fine. Laws against “unnatural offenses” apply equally to both men and women; these laws were rarely enforced. LGBTI persons reported police used the threat of prosecution to extort bribes. While the penal code is used more for coercion or bribery, LGBTI persons, particularly transgender women, were most frequently charged under so-called shadow and disguise laws. These laws use the justification that a person dressed or acting in a way that is perceived as not being in line with their biological gender is in “disguise.” According to a report by a local NGO, transgender women reported higher levels of police abuse and discrimination than other members of the LGBTI community.

In March, authorities in Rangoon used the “unnatural offenses” law to charge an openly gay restaurant owner for allegedly sexually assaulting a male member of his staff. The case was pending at year’s end.

There were reports of discrimination based on sexual orientation and gender identity in employment. LGBTI persons reported facing discrimination from medical-care providers.

HIV and AIDS Social Stigma

The constitution provides for the individual’s right to health care in accordance with national health policy, prohibits discrimination by the government on the grounds of “status,” and requires equal opportunity in employment and equality before the law. Persons with HIV/AIDS could theoretically submit a complaint to the government if a breach of their constitutional rights or denial of access to essential medicines occurred, such as antiretroviral therapy, but there were no reports of individuals submitting complaints on these grounds. There are no HIV-specific protective laws or laws that specifically address the human rights aspects of HIV.

There were continued reports of societal violence and discrimination, including employment discrimination, against persons with HIV/AIDS. Negative incidents such as exclusion from social gatherings and activities; verbal insults, harassment, and threats; and physical assaults continued to occur. Laws that criminalize behaviors linked to an increased risk of acquiring HIV/AIDS remain in place, directly fueling stigma and discrimination against persons engaged in these behaviors and impeding their access to HIV prevention, treatment, and care services.

High levels of social stigma and discrimination against female sex workers and transgender women hindered their access to HIV prevention, treatment, and social protection services. Police harassment of sex workers deterred the workers from carrying condoms.

Other Societal Violence or Discrimination

There were reports of other cases of societal violence, and anti-Muslim sentiment and discrimination persisted. Members of Buddhist nationalist groups, including members of Ma Ba Tha, continued to denigrate Islam and called for a boycott of Muslim businesses.

Muslim communities complained about unequal treatment by police, pressures to practice Islam in private, difficulty in obtaining citizenship cards, close monitoring of their travel by local government, and restrictions on education opportunities. In addition some Muslims reported discrimination by private parties in renting housing. Religious groups noted the January 2017 assassination of Ko Ni had a chilling effect on Muslims fighting for improved treatment under the law (see section 1.a.).

Anti-Muslim hate speech, and in particular anti-Rohingya hate-speech, was prevalent on social media, in particular Facebook, the most popular social media platform in Myanmar. Independent reporting indicated that the military, using false accounts, was also responsible for generating and promulgating hate speech content.

Multiple sources noted restrictions against Muslims and Christians impeded their ability to pursue higher education opportunities and assume high-level government positions and that Muslims were unable to invest and trade freely.

Burundi

Executive Summary

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Women

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

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

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

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

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

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

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

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

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

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

Children

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

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

Child Abuse: The law prohibits violence against or abuse of children, with punishment ranging from fines to three to five years’ imprisonment, but child abuse was a widespread problem. The penalty for conviction of rape of a minor is 10 to 30 years’ imprisonment.

The traditional practice of removing a newborn child’s uvula (the flesh that hangs down at the rear of the mouth) continued to cause numerous infections and deaths of infants.

Early and Forced Marriage: The legal age for marriage is 18 for girls and 21 for boys. Forced marriages are illegal and were rare, although they reportedly occurred in southern, more heavily Muslim, areas. The Ministry of the Interior continued an effort to convince imams not to officiate over illegal marriages. For additional information, see Appendix C.

Sexual Exploitation of Children: The minimum age for consensual sex is 18. The penalty for conviction of commercial sexual exploitation of children is 10 to 15 years in prison and a fine of between 500,000 and 2,000,000 Burundian francs ($283 and $1,130). The law punishes conviction of child pornography by fines and three to five years in prison. There were no prosecutions during the year.

Women and girls were smuggled to other countries in Africa and the Middle East, sometimes using falsified documents, putting them at high risk of exploitation.

Displaced Children: Thousands of children lived on the streets throughout the country, some of them HIV/AIDS orphans. The government provided street children with minimal educational support and relied on NGOs for basic services, such as medical care and economic support. Independent Observers reported that children living on the streets faced brutality and theft by police and judged that police were more violent toward them during the 2015 political unrest than previously. A government campaign to “clean the streets” by ending vagrancy and unlicensed commerce, begun in 2016, resulted in the detention of hundreds of persons living or working on the streets. The Council of Ministers approved a roadmap in 2017 for ending vagrancy that would require the return of detained children and adults to their communes of origin; as of October this provision was not implemented. The government established a goal of having no children or adults living on the streets by the end of 2017, but did not meet the goal. Arbitrary arrests and detentions of persons including children living on the streets continued.

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

Anti-Semitism

No estimate was available on the size of the Jewish community. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The constitution prohibits discrimination against persons with disabilities, but the government did not promote or protect the rights of persons with disabilities. Although persons with disabilities are eligible for free health care through social programs targeting vulnerable groups, authorities did not widely publicize or provide benefits. Employers often required job applicants to present a health certificate from the Ministry of Public Health stating they did not have a contagious disease and were fit to work, a practice that sometimes resulted in discrimination against persons with disabilities.

No legislation mandates access to buildings, information, or government services for persons with disabilities. The government supported a center for physical therapy in Gitega and a center for social and professional inclusion in Ngozi for persons with physical disabilities.

Indigenous People

The Twa, the original hunter-gatherer inhabitants of the country, numbered an estimated 80,000, or approximately 1 percent of the population, according to the OHCHR. They generally remained economically, politically, and socially marginalized. By law local administrations must provide free schoolbooks and health care for all Twa children. Local administrations largely fulfilled these requirements. The constitution provides for three appointed seats for Twa in each of the houses of parliament, and Twa parliamentarians (including one woman) hold seats.

In June a representative of a Twa rights organization stated in the newspaper Iwacu that several Twa had been victims of vigilante killings during the year after being accused, justly or unjustly, of crimes by other citizens. Although the organization did not suggest complicity by government authorities or security services, the representative stated that some local officials had questioned the need for investigating the killings since the victims were accused of criminal acts.

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

In 2009 consensual same-sex conduct was criminalized. Article 567 of the penal code penalizes consensual same-sex sexual relations by adults with up to two years in prison if convicted. There were no reports of prosecution for same-sex sexual acts during the year. There were cases, however, of harassment, intimidation, arbitrary arrests, and demands for bribes by police officers and members of the Imbonerakure targeting lesbian, gay, bisexual, transgender, and intersex individuals.

The law does not prohibit discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services such as health care, and societal discrimination against LGBTI persons was common.

Other Societal Violence or Discrimination

Criminals sometimes killed persons with albinism, particularly children, for their body parts to be used for ritual purposes. Most perpetrators were reportedly citizens of other countries who came to kill and then departed the country with the body parts, impeding government efforts to arrest them. According to the Albino Women’s Hope Association chairperson, society did not accept persons with albinism, and they were often unemployed and isolated. Women with albinism often were “chased out by their families because they are considered as evil beings.”

Cambodia

Executive Summary

Cambodia is a constitutional monarchy with an elected parliamentary government. The ruling Cambodian People’s Party (CPP) won all 125 National Assembly seats in the July 29 national election, having banned the chief opposition party in November 2017. Prior to the victory, Prime Minister Hun Sen had already served for 33 years. International observers, including foreign governments and international nongovernmental organizations (NGOs), and domestic NGOs criticized the election as neither free nor fair and not representative of the will of the Cambodian people.

Civilian authorities maintained effective control over the security forces, which often threatened force against those who opposed Prime Minister Hun Sen and were generally perceived as an armed wing of the ruling CPP.

Human rights issues included unlawful or arbitrary killings carried out by the government or on its behalf; forced disappearance carried out by the government; torture by the government; arbitrary arrests by the government; political prisoners; arbitrary interference in the private lives of citizens, including pervasive electronic media surveillance; censorship and selectively enforced criminal libel laws; interference with the rights to peaceful assembly and freedom of association; restrictions on political participation; pervasive corruption, including in the judiciary; and use of forced or compulsory child labor.

The government did not provide evidence of having prosecuted any officials for abuses, including corruption. A pervasive culture of impunity continued.

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

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

There were reports the government or its agents committed arbitrary or unlawful killings. As of July a local human rights NGO reported four extrajudicial killings.

In March 2017 the court sentenced Oeuth Ang to life imprisonment for the 2016 murder of Kem Ley, an outspoken and popular political analyst. As of July the case remained open and the government pledged to look for coconspirators, although it took no action. Noting that the victim and killer were not acquainted and other anomalies, including the impoverished assailant’s possession of an expensive handgun, many observers believed a third party hired Oeuth Ang.

On March 8, violence broke out in Kratie Province when security forces opened fire on persons protesting the transfer of land, decades before, to a rubber plantation. Several media outlets reported a death toll of two to six persons with another 40 injured. Shortly after the violence occurred, the government ordered local media to “correct” its news reports. Four NGOs and the UN Office of the High Commission on Human Rights (OHCHR) formed an investigation committee to tour the site. They found that on March 7, the company began demarcating its land and that a day later 150 soldiers, military police, and police burned down villagers’ houses, leading the villagers to block the main road and demand an immediate stop to the arson. According to the OHCHR report, the security forces opened fire to disperse the villagers. OHCHR acknowledged that, because the security forces closed off the site of the shooting, there were no reliable counts of the dead or injured.

After the incident Kratie governor Sar Chamrong denied reports that security forces shot the protesters. National Police spokesperson Kirt Chantharith claimed villagers with homemade rifles injured as many as seven police officers while only two villagers were slightly injured, not by gunfire, but by bamboo sticks.

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

There were multiple reports of a lack of official cooperation with human rights investigations and, in some cases, intimidation of investigators by government officials.

Domestic and international human rights organizations reported intensifying harassment, surveillance, threats, and intimidation from local officials and persons with ties to the government. Several civil society and labor organizations reported after the July election that police raided their offices and the taxation department investigated their accounts.

Approximately 25 human rights NGOs operated in the country, and a further 100 NGOs focused on other areas included some human rights matters in their work, but only a few actively organized training programs or investigated abuses.

The United Nations or Other International Bodies: The government generally permitted visits by UN representatives. In March Rhona Smith, the UN special rapporteur on human rights in Cambodia, conducted a 10-day mission to the country. In her meetings with the National Assembly, the NEC, the Cambodian Human Rights Committee (CHRC), and NGOs, she raised serious concerns about restrictions on the media, political participation, freedom of expression, and the redistribution of CNRP seats to the ruling party contending that “peace, stability, and development” cannot be separated from human rights obligations. The government often turned down high-level meetings with UN representatives and denied them access to opposition officials, including Kem Sokha. Government spokespersons regularly chastised UN representatives publicly for their remarks on a variety of human rights problems.

Government Human Rights Bodies: There were three government human rights bodies: separate committees for the Protection of Human Rights and Reception of Complaints in the Senate and National Assembly and the CHRC, which reported to the prime minister’s cabinet. The CHRC submitted government reports for participation in international human rights review processes, such as the Universal Periodic Review, and issued responses to reports by international organizations and government bodies, but it did not conduct independent human rights investigations. Credible human rights NGOs considered the government committees of limited efficacy and criticized their role in vocally justifying the government crackdown on civil society and the opposition.

The Extraordinary Chambers in the Courts of Cambodia (ECCC), created in 2006, continued to investigate and prosecute the most senior leaders of the former Khmer Rouge regime who were most responsible for the atrocities committed between 1975 and 1979, when nearly one-quarter of the country’s population was killed. The ECCC is a hybrid tribunal, having both domestic and international jurists and staff, and is governed by both Cambodian domestic law and an agreement between the government and the United Nations. On November 16, the ECCC convicted former Khmer Rouge senior leaders Nuon Chea and Khieu Samphan of genocide, crimes against humanity, and grave breaches of the Geneva Conventions of 1949. The court’s guilty verdicts were the first official acknowledgement that the Khmer Rouge regime’s crimes constituted genocide as defined under international law. As many as two million persons were believed to have died at the hands of the Khmer Rouge between 1975 and 1979.

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

Women

Rape and Domestic Violence: Rape and domestic violence were significant problems. The law criminalizes rape and assault. Rape is punishable by five to 30 years’ imprisonment. Spousal rape is not specifically mentioned in the penal code, but the underlying conduct can be prosecuted as “rape,” “causing injury,” or “indecent assault.” Charges for spousal rape under the penal code or domestic violence law were rare. The domestic violence law criminalizes domestic violence but does not set out specific penalties. The penal code assigns penalties for domestic violence ranging from one to 15 years’ imprisonment.

Local and international NGOs reported violence against women, including domestic violence and rape, was common. Victims of rape and domestic violence likely underreported it due to fear of reprisal by perpetrators, discrimination from the community, and their distrust of the judiciary system. Women comprised a very small proportion of judicial officials: 14 percent of judges, 12 percent of prosecutors, and 20 percent of lawyers, which likely was a mitigating factor for reporting by female survivors of rape and domestic abuse. NGOs reported authorities inadequately enforced domestic violence laws against perpetrators and avoided involvement in domestic disputes. Only 20 percent of domestic violence cases monitored from 2014 to 2016 resulted in criminal proceedings.

Rape and domestic violence frequently ended in death: a local NGO reported 10 killings in a January-June investigation of 39 cases of domestic violence and 18 of rape. Of all 57 cases, authorities arrested only 23 perpetrators. According to a 2017 report by a human rights NGO, neither the authorities nor the public generally regarded domestic violence as a criminal offense.

In July 2017 the Ministry of Information and the Ministry of Women’s Affairs began to implement a code of conduct for all media outlets for reporting on violence against women. The code banned publication of a survivor’s personal identifiable information, as well as photographs of victims, depictions of a woman’s death or injury, depictions of nudity, and the use of certain offensive or disparaging words against women. The Ministry of Women’s Affairs also announced a reporting system within the government to increase accountability and transparency in the government’s response to violence against women. The Ministry of Women’s Affairs continued to coordinate with NGOs and local media outlets to produce radio and television programming on topics related to women.

Sexual Harassment: The penal code criminalizes sexual harassment, imposing penalties of six days’ to three months’ imprisonment and fines of 100,000-500,000 riels ($25-$125). A study by CARE International in 2017 found that nearly one-third of female garment workers experienced sexual harassment at their workplace during the last 12 months.

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

Discrimination: The constitution provides for equal rights for women, equal pay for equal work, and equal status in marriage. For the most part, women had equal property rights, the same legal status to initiate divorce proceedings, and equal access to education; however, cultural traditions and child-rearing responsibilities limited the ability of women to reach senior positions in business and government or even participate in the workforce (see section 7.d.).

Children

Birth Registration: By law a child derives citizenship by birth to a mother and father who are not ethnic Khmer if both parents were born and living legally in the country or if either parent acquired citizenship through other legal means. Indigenous Khmer are considered citizens. The Ministry of Interior administered an updated birth registration system, but not all births were registered immediately, primarily due to lack of public awareness of the importance of registering births and rampant corruption in local government. As of January the government no longer charged a fee to register births.

Failure to register births resulted in discrimination, including the denial of public services. Children of ethnic minorities and stateless persons were disproportionately unlikely to be registered. NGOs that service disenfranchised communities reported authorities often denied books and access to education and health care for children without birth registration. NGOs stated such persons, when adults, were often unable to gain employment, own property, vote, or access the legal system.

Education: Education was free, but not compulsory, through grade nine. Many children left school to help their families in subsistence agriculture or work in other activities. Others began school at a late age or did not attend school at all. The government did not deny girls equal access to education, but families with limited resources often gave priority to boys, especially in rural areas. According to international organization reports, enrollment dropped significantly for girls after primary school in urban areas, while secondary school enrollment for boys dropped significantly in rural areas.

Child Abuse: Child abuse was common and legal action against perpetrators was rare, according to observers. According to UNICEF’s Violence Against Children Report, approximately one in two Cambodian children had experienced extreme violence. Child rape continued to be a serious problem, and reporting of the crime had risen in the past several years.

Early and Forced Marriage: The legal minimum age of marriage for both men and women is 18 years; however, children as young as age 16 may legally marry with parental permission. Parents, community members, and politicians did not consider child marriage a problem.

Sexual Exploitation of Children: Sexual intercourse with a person younger than age 15 is illegal. The government continued to raid brothels to identify and remove child sex-trafficking victims, although the majority of child sex trafficking was clandestine, occurring indirectly in beer gardens, massage parlors, beauty salons, karaoke bars, and noncommercial sites. Police continued to investigate cases of child sex trafficking occurring in brothels or cases where victims filed complaints directly, but police did not typically pursue more complicated cases, for example, those involving online sexual exploitation. Undercover investigation techniques were not allowed in trafficking investigations, which impeded officials’ ability to hold child sex traffickers accountable.

The country remained a destination for child sex tourism. The government used the law to prosecute both sex tourists and citizens for exploiting children through sex trafficking. The law provides penalties ranging from two to 20 years in prison for commercial sexual exploitation of children. While the law also prohibits the production and possession of child pornography, it does not criminally prohibit offering a child for pornographic performances.

According to a local human rights organization, perpetrators with ties to the government were not held accountable under the law, and local experts reported concern regarding the government’s failure to impose appropriate punishments on foreign residents and tourists who purchase or engage in sex with children. Endemic corruption at all levels of the government severely limited the ability of officials to hold child sex traffickers accountable, and the government took no action to investigate or prosecute complicit officials.

Displaced Children: The government offered limited, inadequate services to street children at a rehabilitation center. Displaced children represented a serious and growing problem–particularly because outward migration of workers continued, and greater numbers of children were left behind. A local NGO estimated there were 1,200 to 1,500 displaced street children in Phnom Penh with no relationship to their families and 15,000 to 20,000 children who worked on the streets but returned to families in the evenings.

Institutionalized Children: NGOs and other observers alleged many private orphanages were mismanaged and populated by sham orphans to lure donations from foreigners. From 36,000 to 49,000 children lived in residential care institutions or orphanages, according to UNICEF and research conducted by Columbia University. Approximately 80 percent of these children had at least one living parent. Residential care resulted in lower developmental and health outcomes for children and put them at higher risk for future exploitation. There was no state-supported or -implemented child protection program that provided safe alternatives for children.

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

Anti-Semitism

A small Jewish foreign resident community lived in Phnom Penh. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination, neglect, exploitation, or abandonment of persons with disabilities, including mental and intellectual disabilities. The law does not address accessibility to transport. The Ministry of Social Affairs, Veterans, and Youth has overall responsibility for protecting the rights of persons with disabilities, although the law assigns specific tasks to other ministries, including the Ministries of Health, Education, Public Works and Transport, and National Defense. The government requested all television stations to adopt sign-language interpretation for all programming. As of June, two major television stations–one state run and one private–had done so in their news programming.

Persons with disabilities faced significant societal discrimination, especially in obtaining skilled employment.

Children with limited physical disabilities attended regular schools. According to a Ministry of Education report, approximately 19,000 children with disabilities attended primary schools in the academic year 2015-16. The ministry worked on training teachers how to integrate students with disabilities into the class with nondisabled students.

Children with more significant disabilities attended separate schools sponsored by NGOs in Phnom Penh; education for students with more significant disabilities was not available outside of Phnom Penh.

There are no legal limits on the rights of persons with disabilities to vote or participate in civic affairs, but the government did not make any concerted effort to assist their civic engagement.

National/Racial/Ethnic Minorities

Experts acknowledged an increasing backlash against the growing Chinese economic role and rising number of Chinese in the country. Khmer-language newspapers were filled with stories of crimes committed by Chinese residents and business owners, including gang violence, counterfeiting, pornography, drunk driving, and drug possession. In September the Ministry of Interior announced it would design a task force to cope with Chinese-dominated crime.

Indigenous People

In November a local NGO reported that only 26 of 458 indigenous communities had received land titles from the government.

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

No law criminalizes consensual same-sex sexual conduct, nor was there official discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; however, societal discrimination persisted, particularly in rural areas.

In general LGBTI persons had limited job opportunities due to discrimination and exclusion. LGBTI persons were occasionally harassed or bullied for their work in the entertainment and commercial sex sectors. There were no reports of government discrimination based on sexual orientation in employment, citizenship, access to education, or health care. During the year the visibility of lesbian women in media increased.

A local LGBTI rights organization reported more than 100 incidents of violence or abuse against LGBTI persons, including domestic violence by family members. Stigma or intimidation may have inhibited further reporting of incidents.

HIV and AIDS Social Stigma

Studies showed a significant share of the population held discriminatory attitudes towards persons with HIV/AIDS.

Cameroon

Executive Summary

Cameroon is a republic dominated by a strong presidency.  The country has a multiparty system of government, but the Cameroon People’s Democratic Movement (CPDM) has remained in power since its creation in 1985.  In practice the president retains the power to control legislation.  On October 7, citizens reelected CPDM leader Paul Biya president, a position he has held since 1982.  The election was marked by irregularities, including intimidation of voters and representatives of candidates at polling sites, late posting of polling sites and voter lists, ballot stuffing, voters with multiple registrations, and alleged polling results manipulation.  On March 25, the country conducted the second senate elections in its history.  They were peaceful and considered generally free and fair.  In 2013 simultaneous legislative and municipal elections were held, and most observers considered them free and fair.  New legislative and municipal elections were expected to take place during the year; however, in consultation with the parliament and the constitutional council, President Biya extended the terms of office of parliamentarians and municipal councilors for 12 months, and general elections were expected to take place in fall 2019 or early 2020.

Civilian authorities at times did not maintain effective control over the security forces, including police and gendarmerie.

The sociopolitical crisis that began in the Northwest and Southwest Regions in late 2016 over perceived marginalization developed into an armed conflict between government forces and separatist groups.  The conflict resulted in serious human rights violations and abuses by government forces and Anglophone separatists.

Human rights issues included arbitrary and unlawful killings by security forces as well as armed Anglophone separatists; forced disappearances by security forces, Boko Haram, and separatists; torture by security forces and Anglophone separatists; prolonged arbitrary detentions including of suspected Anglophone separatists by security forces; harsh and life-threatening prison conditions; arbitrary or unlawful interference with privacy; violence and harassment targeting journalists by government agents; periodic government restrictions on access to the internet; laws authorizing criminal libel; substantial interference with the right of peaceful assembly; refoulement of refugees and asylum seekers by the government; restrictions on political participation; violence against women, in part due to government inaction; unlawful recruitment or use of child soldiers by Anglophone separatists, government-supported vigilance committees, and Boko Haram; violence or threats of violence targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, and criminalization of consensual same-sex relations; child labor, including forced child labor; and violations of workers’ rights.

Although the government took some steps to identify, investigate, prosecute, or punish officials who committed human rights abuses in the security forces and in the public service, it did not often make public these proceedings, and some offenders, including serial offenders, continued to act with impunity.

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

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

There were several reports that the government or its agents committed arbitrary and unlawful killings through excessive use of force in the execution of official duties.

In July, Human Rights Watch reported that, during government operations in 12 villages in the Northwest and Southwest Regions between January and April, government security forces shot and killed more than a dozen civilians, including at least seven persons with intellectual or developmental disabilities who had difficulty fleeing.  On May 25, in Menka-Pinyin, Santa Subdivision of the Northwest Region, elements of the Gendarmerie, the 51st Motorized Infantry Brigade, and the Special Operations Group of the National Police carried out a raid on a location believed to harbor Anglophone activists, killing 27 persons, according to official sources.  Security forces battling Anglophone secessionists in the Northwest and Southwest Regions allegedly killed two clerics.  Anglophone separatists attacked and killed several dozen civilians considered loyal to the central government and members of defense and security forces in these two regions.  According to the government’s Emergency Humanitarian Assistance Plan, as of June 11, the death toll attributed to separatists within defense and security forces was 84, including 32 members of defense forces, 42 gendarmes, seven policemen, two prison guards, and one Eco-guard, some of whom were mutilated or decapitated and their bodies exhibited on social media.  Civilian victims included the following:  the chief of Esukutan in Toko Subdivision of the Southwest Region, murdered on February 5; the divisional officer for Batibo in the

Northwest, abducted on February 11 and subsequently killed; and Ashu Thomas Nkongho, discipline master of the government bilingual high school in Kossala, Meme Division of the Southwest Region, killed on school premises on April 25.  Unidentified gunmen killed a local chief in a church and a priest, supposedly because of their alleged opposition to secession by the Northwest and Southwest Regions.

Boko Haram and ISIS-West Africa (ISIS-WA) continued killing civilians, including members of vigilance committees, which were organized groups of local residents cooperating with government forces in the fight against Boko Haram, and members of defense and security forces in the Far North Region.  According to the L’Oeil du Sahel newspaper, as of June 30, at least 153 civilians and 12 members of defense and security forces had been killed in the attacks.

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

A number of domestic and international human rights groups investigated and published findings on human rights cases.  Overturning an earlier decision not to allow them back in the country, the government issued visas to allow Amnesty International and Human Rights Watch personnel to return to present their reports on human rights abuses to the government and to hear its views.  As in previous years, however, government officials impeded the effectiveness of many local human rights NGOs by harassing their members, limiting access to prisoners, refusing to share information, and threatening violence against NGO personnel.  Human rights defenders and activists received anonymous threats by telephone, text message, and email.  The government took no action to investigate or prevent such occurrences.  The government criticized reports from international human rights organizations, including Amnesty International, Human Rights Watch, and the International Crisis Group, accusing them of publishing baseless accusations with the intention of discrediting the government and military.  Despite these restrictions, numerous independent domestic human rights NGOs continued operations to the best of their ability, although many reported that government threats and intimidation limited their ability to operate in the country.

There were several reports of intimidation, threats, and attacks aimed at human rights activists, including members of the Network of Human Rights Defenders in Central Africa (REDHAC), Nouveaux Droits de l’Homme (NDH), the Mandela Center, and Front Line Fighters for Citizens’ Interests (FFCI), among others.  FFCI executive president Franklin Mowha was reported missing as of August 6 while he was on a business trip to the Southwest Region.  FFCI officials and Mowha’s family members alleged that authorities were informed but failed to investigate the case.  As of late October, his family members did not have any information concerning his whereabouts and feared he might have been killed.

Government Human Rights Bodies:  The National Commission on Human Rights and Freedoms (NCHRF) is an independent, government-funded institution for consultation, monitoring, evaluation, dialogue, concerted action, promotion, and protection of human rights.  The NCHRF was established by a 1990 presidential decree and was subsequently given more powers following the passage of a 2004 law.  The NCHRF, however, is limited to making recommendations to competent authorities and can take no action itself.  The commission publishes yearly reports on the human rights environment and may engage in research, provide education, coordinate actions with NGOs, and visit prisons and detention sites.  NGOs, civil society, and the general population considered the NCHRF dedicated and effective, albeit inadequately resourced and with insufficient ability effectively to hold human rights violators to account.  Its budget was far smaller than that of most other agencies with comparable status, such as the National Anti-Corruption Commission and Election Cameroon.

The National Assembly’s Constitutional Laws, Human Rights and Freedoms, Justice, Legislation, Regulations, and Administration Committee was adequately resourced and reviewed the constitutionality of proposed legislation, but it was not an effective check on the ruling party’s initiatives.  The parliament generally failed to address the Anglophone crisis, resulting in a protest by opposition Social Democratic Front representatives during the March ordinary session of parliament.

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

Women

Rape and Domestic Violence:  The law criminalizes rape of men and women and provides penalties of between five and 10 years of imprisonment for convicted rapists.  Police and courts, however, rarely investigated or prosecuted rape cases, especially since victims often did not report them.  The law does not address spousal rape.

The law does not specifically prohibit domestic violence, although assault is prohibited and punishable by imprisonment and fines.

Female Genital Mutilation/Cutting (FGM/C):  The law protects the bodily integrity of persons, and the 2016 penal code prohibits genital mutilation of all persons.  Whoever mutilates the genitals of another person is subject to a prison sentence of from 10 to 20 years, or imprisonment for life if the offender habitually carries out this practice for commercial purposes or the practice causes death.  FMG/C remained a problem, but its prevalence remained low.  As in the previous year, children were reportedly subjected to FGM/C in isolated areas of the Far North, East, and Southwest Regions and among the Choa and Ejagham ethnic groups.

According to the Minister of Women’s Empowerment and the Family, the government fully adopted a UN General Assembly resolution on the intensification of the global action aimed at eliminating FGM/C.  For more than 10 years, the government has carried out initiatives to end FGM/C.  These include granting support for the socioeconomic reconversion of male and female excision practitioners and creating local committees to fight against the phenomenon in areas of high prevalence, such as the Southwest and Northern Regions.

Other Harmful Traditional Practices:  Widows were sometimes forcibly married to one of their deceased husband’s relatives to secure continued use of property left by the husband, including the marital home.  To protect women better, including widows, the government included provisions in the 2016 penal code outlawing the eviction of a spouse from the marital home by any person other than the other spouse.

Sexual Harassment:  The law prohibits sexual harassment.  Offenders can be imprisoned for periods of six months to one year and may be fined between 100,000 and one million CFA francs ($170 and $1,700).  If the victim is a minor, the penalty can be between one to three years in prison.  If the offender is the victim’s teacher, they may be sentenced to between three and five years in prison.  Despite these legal provisions, sexual harassment was widespread, and there were no reports that anyone was fined or imprisoned for sexual harassment.

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

Discrimination:  The constitution provides for the same legal status and rights for women and men; in practice, however, women did not enjoy the same rights and privileges as men.  Although local government officials including mayors claimed women had access to land in their constituencies, the overall sociocultural practice of denying women the right to own land, especially through inheritance, was prevalent in most regions.  The government did not implement any official discriminatory policy against women in such areas as divorce, child custody, employment, credit, pay, owing or managing business or property, education, the judicial process, and housing.  Although women and men have equal employment rights, fewer women occupied positions of responsibility.  Furthermore, anecdotal reports suggest some gender discrimination occurred in places of employment, especially in the private sector.

Children

Birth Registration:  Children derive citizenship through their parents, and the responsibility to register birth falls upon parents.  Many births go unregistered because children are not always born in health facilities, and many parents face challenges in reaching local government offices.

Education:  The law provides for tuition-free compulsory primary education but does not set an age limit.  The law punishes any parent with sufficient means who refuses to send his or her child to school with a fine between 50,000 to 500,000 CFA francs ($85 and $850).  The punishment is imprisonment from one to two years in cases in which the offense is repeated.  Children were generally expected to complete primary education at age 12.  Secondary school students had to pay tuition and other fees in addition to buying uniforms and books.  This rendered secondary education unaffordable for many children.

During the year numerous separatist attacks on the education sector in the Southwest and Northwest Regions, including arson attacks on school facilities and physical assaults on administrative staff, faculty and students, disrupted the normal operation of schools.  Many students and teachers were absent during the 2017-18 school year.  According to estimates by the UN Office for the Coordination of Humanitarian Affairs (OCHA), 42,500 children were still out of school as of May.

In June, UNICEF reported that at least 58 schools in the Northwest and Southwest

Regions had been damaged since the beginning of the crisis in 2016.  Human Rights Watch documented 19 threats or attacks on schools and 10 threats or attacks on education personnel.

In September individuals believed to be Anglophone separatists perpetrated a series of attacks aimed at disrupting the start of the 2018-19 school year in certain localities of the Northwest and Southwest Regions.  During the night of September 1, the headmaster of the Bamali primary school in Ngoketunjia Division in the Northwest Region was killed.  On September 3, separatists abducted six students from the Presbyterian Girls Secondary School in Bafut, Mezam Division in the Northwest Region, along with their principal.  They later released the students and principal, who had been subjected to torture.  On September 4, a dozen individuals stormed a high school in Kumbo, Bui Division, in the Northwest Region and vandalized the administrative building, forcing teachers and students to run for safety.  On the same day, St Joseph’s Secondary School in Fako Division in the Southwest Region was attacked.

Child Abuse:  The law prohibits various forms of child abuse, including but not limited to assault, indecency, kidnapping, forced labor, rape, sexual harassment, and cloud on parentage, which refers to a situation where one parent refuses to disclose the identity of the other parent to the child.  Penalties for the offenses range from 10,000 CFA francs ($17) for forced labor to imprisonment for life in the case of assault leading to death or grievous harm.  Despite these legal provisions, child abuse remained a problem.  Children continued to suffer corporal punishment, both within families and at school.  In addition Boko Haram continued to abduct children and used them as suicide bombers.  Press reports cited cases of child rape and the kidnapping of children for ransom.  In its April 20 edition, Mutation Daily reported that Reseau National des Associations de Tantines (RENATA), an association working with girls who have become mothers due to early pregnancy, had received 18 reports of sexual abuse of minors since January.

Early and Forced Marriage:  The minimum legal age for marriage is 18.  Despite the law, according to UNICEF’s March 2018 child marriage data, 31 percent of women between the ages of 20 and 24 were married before they turned 18, and of these, 10 percent were married before they turned 15.  The law punishes anyone who compels an individual to marry with imprisonment of from five to 10 years, and with fines between 25,000 and one million CFA francs ($42.50 to $1,700).  By law mitigating circumstances may result in a reduction in punishment, but the final penalty may not be less than a two-year prison sentence.  The court may also take custody from parents who give away their underage children in marriage.  Despite these legal provisions, a number of families reportedly tried to marry off their girls before age 18.  To tackle the issue, the Ministry of Women’s Empowerment and Family (MINPROFF) organized sensitization campaigns to warn of the problems of early and forced marriages.  MINPROFF conducted these campaigns nationally around major commemorative days, such as the International Day of the Girl Child and International Women’s Day.  At the local level, MINPROFF established women’s empowerment centers in most divisions where grassroots sensitization activities took place.

Sexual Exploitation of Children:  The law prohibits the commercial sexual exploitation of children, including child pornography.  A conviction, however, requires proof of a threat, fraud, deception, force, or other forms of coercion.  Penalties include imprisonment of between 10 and 20 years and a fine of between 100,000 and 10 million CFA francs ($170 to $17,000).  The law does not specifically provide a minimum age for consensual sex.  According to anecdotal reports, children younger than age 18 were exploited in commercial sex, especially by restaurant and bar promoters, although no statistics were available.

Child Soldiers:  The government did not recruit or use child soldiers, but government-affiliated civil defense forces employed child soldiers.  Boko Haram continued to use child soldiers, including girls, in its attacks on civilian and military targets.  There were also some reports that Anglophone separatists in the Southwest and Northwest Regions used children to combat government defense and security forces.  In presenting the government humanitarian emergency action plan in July, the prime minister stated that separatists were recruiting children into their ranks and forcing them to fight after consuming drugs and undergoing cultlike rituals.

Infanticide or Infanticide of Children with Disabilities:  There were no reports of infanticide of children with disabilities.  According to human rights activists and media outlets, including newspapers Le Messager, Mutations, and Nouvelle Expression, local residents found the head of a decapitated child in a garbage bin on August 27 in the Yaounde neighborhood of Mvog Ebanda, commonly known as “Eleveur.”  Investigations led to the identification of the mother of the child as the perpetrator of the crime.

Displaced Children:  Many displaced children continued to live on the streets of major urban centers, although the trend was in decline as a result of stringent security measures and the amended penal code that criminalizes vagrancy.  According to the International Organization for Migration, approximately 65 percent of IDPs in Far North Region were children younger than 18.  These children faced many challenges, including limited access to school, health, and protection.  In addition thousands of children were negatively impacted by the humanitarian crisis in the Northwest and Southwest.  These children faced significant violations of their rights by armed forces and nonstate armed actors alike.  The government had not established structures to ensure that internally displaced children were protected from forceful recruitment by nonstate armed groups and terrorist organizations.

International Child Abductions:  The country is not a party to the 1980 Hague

Convention on the Civil Aspects of International Child Abduction.  See the

Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/InternationalParentalChildAbduction/forproviders/legalreportsanddata.html.

Anti-Semitism

The Jewish community was very small, and there were no known reports of antiSemitic acts.

Trafficking in Persons

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

Persons with Disabilities

The constitution protects the rights of all persons, including persons with disabilities.  A 2010 law provides additional protection to persons with physical, sensory, intellectual, or mental disabilities.  The protections under the law cover access to education and vocational training, employment, health services, information and cultural activities, communications, buildings, sports and leisure, transportation, housing, and other state services.  Public education is tuition-free for persons with disabilities and children born of parents with disabilities.  Initial vocational training, medical treatment, and employment must be provided “when possible,” and public assistance “when needed.”  The government did not enforce all these provisions effectively in the past.  On July 26, the prime minister issued a decree spelling out a framework for implementing the 2010 law.

There were no reports of police or other government officials inciting, perpetrating, or condoning violence against persons with disabilities during the reporting period.  The majority of children with disabilities attended school with nondisabled peers.  The government introduced inclusive education in many schools and reviewed the curriculum of teacher training colleges to include training in inclusive education skills.  Other children with disabilities continued to attend specialized schools such as the Bulu Blind Center in Buea and the Yaounde Special School for Hearing Impaired Children (ESEDA).

National/Racial/Ethnic Minorities

The population consists of more than 275 ethnic groups.  Members of the president’s Beti/Bulu ethnic group from the South Region held many key positions and were disproportionately represented in the government, state-owned businesses, and security forces.

Indigenous People

An estimated 50,000 to 100,000 Baka, including Bakola and Bagyeli, resided primarily in (and were the earliest known inhabitants of) the forested areas of the South and East Regions.  The government did not effectively protect the civil or political rights of either group.  Logging companies continued to destroy their naturally forested land without compensation.  Other ethnic groups often treated the Baka as inferior and sometimes subjected them to unfair and exploitative labor practices.  The government continued long-standing efforts to provide birth certificates and national identity cards to Baka.  Most Baka did not have these documents, and efforts to reach them were impeded by the difficulty in accessing their homes deep in the forest.

There were credible reports from NGOs that the Mbororo, itinerant pastoralists living mostly in the North, East, Adamawa, and Northwest Regions, were subject to harassment, sometimes with the complicity of administrative or judicial authorities.

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

Consensual same-sex sexual activity, including between adults, is illegal and punishable by a prison sentence lasting between six months and five years and a fine ranging from 20,000 to 200,000 CFA francs ($34 to $340).

LGBTI rights organizations such as the Cameroonian Foundation for AIDS

(CAMFAIDS), Humanity First Cameroon, Alternatives Cameroon, National Observatory of the Rights of LGBTI Persons and Their Defenders, and others reported several arrests of LGBTI persons.  LGBTI individuals received anonymous threats by telephone, text message, and email, including of “corrective” rape, but authorities did not investigate allegations of harassment.  Civil society members stated there were also cases where LGBTI individuals underwent corrective rape, sometimes through the facilitation of the victim’s own family.  Police were generally unresponsive to requests to increase protection for lawyers who received threats because they represented LGBTI persons.  Both police and civilians reportedly continued to extort money from presumed LGBTI individuals by threatening to expose them.

The law does not explicitly prohibit discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services such as health care.  The constitution provides for equal rights for all citizens.  In practice, however, security forces sometimes harassed persons on the basis of their real or perceived sexual orientation or gender identity, including individuals found with condoms and lubricants.  This practice and the fear it generated in turn restricted access to HIV/AIDS services.  Anecdotal reports also suggested some discrimination occurred in places of employment with respect to sexual orientation.

In an April 25 release, the Observatory for the Protection of Human Rights

Defenders, in partnership with the World Organization against Torture and the International Federation of Human Rights (FIDH), denounced the arrest and arbitrary detention of five staff members of the association Avenir Jeune de l’Ouest (AJO).  AJO promoted the rights of LGBTI persons with HIV and sex workers in the West Region.  According to the release, men in civilian clothing from the territorial police, on April 20, arrested the executive director and two other members of AJO, including a care worker, as they were leaving the organization’s premises.  On April 21, two additional care workers from the organization were arrested at their places of residence.  Police did not have warrants and took the five members of AJO to the Dschang central police station, where they experienced poor detention conditions on charges related to consensual same-sex conduct.  In connection with this incident, 18 other men were arrested.  For the first time in many years, authorities in the West Region introduced the prospect of forced anal exams for the 23 arrestees.  The men were ordered to undergo such exams, but after intense advocacy by the lawyer representing the men, together with diplomatic pressure, the matter was dropped.  The men did not have access to their lawyers until April 24.

In a midterm report covering the period from January to May, Alternatives Cameroon recorded 64 cases of violence against LGBTI individuals, including three cases of arbitrary detention, 30 cases of psychological violence, one case of sexual violence, 18 cases of physical violence, and 12 cases of blackmail and extortion.

HIV and AIDS Social Stigma

Persons afflicted with HIV or AIDS often suffered social discrimination and were isolated from their families and society due to social stigma and lack of education on the disease.

As in the previous year, while there were no specific cases of discrimination to highlight in employment, anecdotal reports indicated some discrimination occurred with respect to HIV status, especially in the private sector.

Other Societal Violence or Discrimination

Several cases of vigilante action and other attacks were reported during the year.  Several arson attacks were recorded, involving the destruction of both public and private property.  On January 21, in Nkambe, in the Donga and Mantung Division of Northwest Region, unidentified men set the dormitory section of St Rita’s Secondary School on fire after the management defied the school boycott called for by separatists in the Anglophone regions.

On April 28, on the outskirts of Muyuka, Southwest Region, three gunmen on motorbikes shot and killed Sophie Mandengue Maloba, a pregnant schoolteacher.  The incident occurred three days after a similar attack on a school in Kumba took place where assailants riding motorcycles shot and killed the discipline master of the government bilingual high school and chopped off three fingers of a student.

The October presidential election triggered a wave of ethnic-tinged hate speech on social media after Cameroon Renaissance Movement candidate Maurice Kamto prematurely announced he won the election.  These attacks mostly split along tribal lines, with Kamto’s Bamileke and President Biya’s Beti ethnic groups the primary targets.

The law provides for sentences of between two and 10 years’ imprisonment and fines of between 5,000 and 100,000 CFA francs ($8.50 and $170) for witchcraft.  There were no reported arrests or trials for alleged witchcraft reported during the year.

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

Executive Summary

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


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

Civilian authorities maintained control of security forces.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Children

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

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

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

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

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

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

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

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

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

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

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

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

Anti-Semitism

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

Trafficking in Persons

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

Persons with Disabilities

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

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

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

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

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

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

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

National/Racial/Ethnic Minorities

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

For specific information on Tibet, see the Tibet Annex.

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

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

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

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

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

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

HIV and AIDS Social Stigma

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

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

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

Other Societal Violence or Discrimination

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

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

Colombia

Executive Summary

Colombia is a constitutional, multiparty republic. In June voters elected Ivan Duque Marquez president in elections that observers considered free and fair and the most peaceful in decades.

Civilian authorities generally maintained effective control over security forces.

Human rights issues included reports of unlawful or arbitrary killings; reports of torture and arbitrary detention by both government security forces and illegal armed groups; corruption; rape and abuse of women and children by illegal armed groups; criminalization of libel; violence and threats of violence against human rights defenders and social leaders; violence against and forced displacement of Afro-Colombian and indigenous persons; violence against lesbian, gay, bisexual, transgender, and intersex persons; forced child labor; and killings and other violence against trade unionists.

The government took steps to investigate, prosecute, and punish officials who committed human rights abuses, although some cases experienced long delays that raised concerns about accountability. The Special Jurisdiction for Peace (SJP, or JEP in Spanish)–the justice component of the Comprehensive System for Truth, Justice, Reparation, and Non-Repetition–started operations during the year.

As part of the 2016 peace accord, the Revolutionary Armed Forces of Colombia (FARC), formerly the country’s largest guerrilla insurgency group, disarmed and reincorporated as a political party that participated in the March congressional elections and initially nominated a presidential candidate, who withdrew from the race in May. On July 20, FARC representatives took up eight of their guaranteed 10 seats in congress.

The National Liberation Army (ELN) perpetrated armed attacks across the country for much of the year, particularly following the conclusion of a brief bilateral cease-fire, which lasted from October 1, 2017, through January 9. Peace talks between the ELN and Santos government concluded without resolution in August, and the Duque administration suspended talks until the ELN agrees to new preconditions for negotiations. Other illegal armed groups and drug-trafficking gangs continued to operate. Illegal armed groups, as well as narcotics traffickers, were significant perpetrators of human rights abuses and violent crimes and committed acts of extrajudicial and unlawful killings, extortion, and other abuses such as kidnapping, torture, human trafficking, bombings and use of landmines, restriction on freedom of movement, sexual violence, recruitment and use of child soldiers, and intimidation of journalists, women, and human rights defenders.

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. According to the nongovernmental organization (NGO) Colombia Europe United States Coordination (Coordinacion Colombia Europa Estados Unidos, CCEEU), from January 1 through August, there were 27 cases of “intentional deaths of civilians committed by state agents” that included 34 victims.

For example, the Attorney General’s Office reported October 23 that eight members of the 29th Army Land Battalion attached to the Army’s Third Buffalo Company had been arrested and were under investigation for alleged crimes of aggravated homicide and attempted aggravated homicide in relation to the March killing of a peasant named Ciro Alfonso Manzano Ariza and attempted killing of Andres Fabian Salcedo Rincon in Arauca. An investigation by the Attorney General’s Office Special Investigations Unit, in conjunction with the army, revealed the killing was unrelated to a supposed confrontation. In a press release, the Attorney General’s Office stated its commitment to investigate and prosecute crimes of this type “so that these forms of violence do not continue to present themselves.”

Illegal armed groups including the ELN committed numerous unlawful or politically motivated killings, often in areas without a strong government presence (see section 1.g.).

Investigations of past killings proceeded, albeit slowly. From January 1 through July, the Attorney General’s Office registered one new case of alleged aggravated homicide by state agents. During the same period, authorities formally accused 123 members of the security forces of aggravated homicide or homicide of a civilian, almost all for crimes that occurred prior to 2017, and made one arrest. The Attorney General’s Office reported that through August, it obtained six new convictions of security force members in cases involving homicide of a “protected person” (i.e., civilians and others accorded such status under international humanitarian law), four new convictions in cases involving aggravated homicide, and 14 new convictions in cases involving “simple homicide” committed by security force members. Of these sentences, 23 corresponded to cases that took place before 2018.

For instance, on August 14, Jose Miguel Narvaez, deputy director of the disbanded Administrative Department of Security, was sentenced to 30 years in prison for the 1999 killing of journalist Jaime Garzon.

There were developments in efforts to hold officials accountable in false positive extrajudicial killings, in which thousands of civilians were killed and falsely presented as guerrilla combatants in the late 1990s to late 2000s. During 2017 and through May 20, the Attorney General’s Office reported 246 members of the security forces were convicted in cases related to “false positives,” 716 cases were in the prosecution phase, and 10 new investigations were opened. In total, the government had convicted 1,176 members of the security forces in cases related to false positives as of May, including at least eight colonels, according to the Attorney General’s Office.

The Attorney General’s Office reported there were open investigations of 19 retired and active-duty generals related to false positive killings as of May. The Attorney General’s Office also reported there were 2,504 open investigations related to false positive killings or other extrajudicial killings as of May 20.

Additionally, the JEP reviewed some investigations related to false positive or extrajudicial killings. For example, on July 10, the JEP began to review the case against retired general William Henry Torres Escalante. Retired general Mario Montoya Uribe also chose to bring his pending case to the JEP. On August 10, after the JEP received his case, Colonel Gabriel Rincon publicly apologized for his involvement in false positive killings in 2008 in Soacha. More than 1,900 members of the armed forces signed a commitment to participate in the JEP’s processes.

In January media reports indicated the Attorney General’s Office intended to file charges of aggravated homicide against two members of the security forces in relation to the October 2017 events in the southwestern municipality of Tumaco, Narino Department, that the Inter-American Commission on Human Rights (IACHR) reported resulted in the killing of at least seven persons, including two members of the Awa indigenous people and the wounding of 20 others.

Illegal armed groups, including the ELN and narcotics traffickers, were significant perpetrators of violent crimes and committed unlawful killings (see section 1.g.).

Human rights organizations, victims, and government investigators accused some members of government security forces of collaborating with or tolerating the activities of organized-crime gangs, which included some former paramilitary members. According to the Attorney General’s Office, between January and August 10, 83 members of government security forces were arrested for ties with illegal armed groups.

According to a December 26 UN report, the UN Office of the High Commissioner for Human Rights (OHCHR) reported 163 verified killings of social leaders and human rights defenders since the signing of the peace accord in November 2016 and a total of 454 cases reported. According to the Attorney General’s Office, 28 persons in 19 cases have been convicted in the killings of human rights defenders and social leaders. According to the Centro Nacional de Consultoria and the NGO Consultancy for Human Rights and Displacement, 70 percent of the killings occurred in eight of the country’s 32 departments: Antioquia, Cauca, Valle del Cauca, Narino, Norte de Santander, Choco, Cordoba, and Putumayo. The motives of the killings varied, and it was often difficult to determine the primary or precise motive in individual cases.

For example, on January 27, Temistocles Machado, a prominent human rights activist and Afro-Colombian community leader, was killed in Buenaventura in Valle Del Cauca. Former president Juan Manuel Santos requested the Elite Corps of the National Police to prioritize the investigation of the case, and authorities instituted proceedings against five persons as of year’s end.

On November 19, President Duque created the Commission of the Timely Action Plan for Prevention and Protection for Human Rights Defenders, Social and Communal Leaders, and Journalists (Comision del Plan de Accion Oportuna para Defensores de Derechos Humanos, Lideres Sociales, Comunales y Periodistas, PAO) to strengthen coordination including efforts to investigate and prevent attacks against social leaders and human rights defenders. Additionally, the minister of interior reported to the UN Human Rights Council in May that the government established an elite corps of the National Police, a specialized subdirectorate of the National Protection Unit, a special investigation unit of the Attorney General’s Office responsible for dismantling criminal organizations and enterprises, and a unified command post, which the minister stated shared responsibility for protecting human rights defenders from attack and investigating and prosecuting these cases.

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

A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were typically cooperative and willing to listen to local human rights groups’ concerns.

Several NGOs reported receiving threats in the form of email, mail, telephone calls, false obituaries, and objects related to death, such as coffins and funeral bouquets. The government condemned the threats and called on the Attorney General’s Office to investigate them. Some activists claimed the government did not take the threats seriously.

The government announced advances in the investigations into attacks and killings of human rights defenders and assigned priority resources to these cases.

Through August the Attorney General’s Office reported 37 active investigations, with eight persons charged, and no convictions in cases of threats against human rights defenders.

As of July 31, the NPU’s protection program provided protection to a total of 6,752 individuals. Among the NPU’s protected persons were 780 human rights activists.

To help monitor and verify that human rights were respected throughout implementation of the peace accord, the government formally renewed the mandate of the OHCHR in 2016 for a period of three years. The accord requests that the OHCHR include a “special chapter on implementation of the agreements from the standpoint of human rights” in its annual reports.

Government Human Rights Bodies: The ombudsman is independent, submits an annual report to the House of Representatives, and has responsibility for providing for the promotion and exercise of human rights. According to human rights groups, underfunding of the Ombudsman’s Office limited its ability to monitor violations effectively. The ombudsman, as well as members of his regional offices, reported threats from illegal armed groups issued through pamphlets, email, and violent actions.

The National System for Human Rights and International Humanitarian Law–led by a commission of 18 senior government officials, including the vice president–designs, implements, and evaluates the government’s policies on human rights and international humanitarian law. The Office of the Presidential Advisor for Human Rights coordinates national human rights policy and actions taken by government entities to promote or protect human rights.

Both the Senate and House of Representatives have human rights committees that served as forums for discussion of human rights problems.

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

Women

Rape and Domestic Violence: Although prohibited by law, rape of men or women, including spousal rape, remained a serious problem. The law provides for sentences ranging from eight to 30 years’ imprisonment for violent sexual assault. For acts of spousal sexual violence, the law mandates prison sentences of six months to two years. By law femicide is punishable with penalties of 21 to 50 years in prison, longer than the minimum sentence of 13 years for homicide.

Violence against women, and impunity for perpetrators, continued to be a problem. Members of illegal armed groups, including former paramilitary members, and guerrillas also continued to rape and abuse women and children sexually. For example, an August 1 report by the Mission to Support the Peace Process in Colombia of the Organization of American States detailed its “concern about the continuation and, in some cases, exacerbation of violence against women and girls.”

The government continued to employ the Elite Sexual Assault Investigative Unit interagency unit in Bogota, which was dedicated to the investigation of sexual assault cases. From January to August, the Attorney General’s Office opened 28,942 new investigations for sexual crimes.

The law requires the government to provide victims of domestic violence immediate protection from further physical or psychological abuse. During 2017 more than 70,000 cases of intrafamily violence were reported.

The Ministry of Defense continued implementing its protocol for managing cases of sexual violence and harassment involving members of the military. The District Secretary of Women, in Bogota, and the Ombudsman’s Office offered free legal aid for victims of gender violence and organized courses to teach officials how to treat survivors of gender violence respectfully.

The law augments both jail time and fines if a crime causes “transitory or permanent physical disfigurement,” such as acid attacks, which have a penalty of up to 50 years in prison. Acid attacks remained a problem and predominately targeted women. In August a woman in Cauca attacked her sister-in-law with acid, burning the victim’s eye, face, and neck. There were no updates on advances in this case at year’s end.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C, but isolated incidents were reported in several indigenous communities in different parts of the country. Two-thirds of women from the Embera community had undergone FGM/C, according to the UN Population Fund.

Sexual Harassment: The law provides measures to deter and punish harassment in the workplace, such as sexual harassment, verbal abuse or derision, aggression, and discrimination, which carries a penalty of one to three years’ imprisonment. Nonetheless, NGOs reported sexual harassment remained a pervasive and underreported problem in workplaces and in public.

Coercion in Population Control: Coerced abortion is not permitted under the law. The law allows the involuntary surgical sterilization of children with cognitive and psychosocial disabilities in certain cases.

Through August 18, the Attorney General’s Office reported it opened 15 investigations related to cases of forced abortion.

Discrimination: Although women have the same legal rights as men, serious discrimination against women persisted. The Office of the Advisor for the Equality of Women has primary responsibility for combating discrimination against women, but advocacy groups reported that the office remained seriously underfunded. The government continued its national public policy for gender equity.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory in most cases. Most births were registered immediately. If a birth is not registered within one month, parents may be fined and denied public services.

Child Abuse: Child abuse was a serious problem. The ICBF reported between January and July 31, there were 8,039 cases of sexual abuse against children. According to the National Council of Economic and Social Policy (CONPES), the government reported in October that the ICBF had undertaken 740 instances to address violations against Venezuelan children.

Early and Forced Marriage: Marriage is legal at age 18. Boys older than age 14 and girls older than age 12 may marry with the consent of their parents. According to UNICEF, 5 percent of girls were married before age 15 and 23 percent before the age of 18.

Sexual Exploitation of Children: Sexual exploitation of children remained a problem. The law prohibits sexual exploitation of a minor or facilitating the sexual exploitation of a minor and stipulates a penalty of 14 to 25 years in prison, with aggravated penalties for perpetrators who are family members of the victim and for cases of sexual tourism, forced marriage, or sexual exploitation by illegal armed groups. The law prohibits pornography using children younger than age 18 and stipulates a penalty of 10 to 20 years in prison and a fine. The minimum age for consensual sex is 14. The penalty for sexual activity with a child younger than age 14 ranges from nine to 13 years in prison. The government generally enforced the law.

According to the ICBF, between January and July 31, there were 151 reported cases of sexual exploitation of children. The Attorney General’s Office reported opening 837 investigations related to cases of child pornography and 334 cases of sexual exploitation of minors, with one conviction reported during the year. In July authorities in Cartagena conducted a three-day operation, arrested 18 persons, and charged them with the sexual exploitation of more than 250 women and girls. According to press reports, the trafficking ring was led by Liliana Campos Puello and retired marine infantry captain Raul Danilo Romero Pabon. Prosecutors alleged that some of the women and girls were tattooed and trafficked for purposes of commercial sexual exploitation. Media reported authorities conducted several raids to dismantle networks of sexual exploitation of minors in Cartagena and other cities as of December 12. In total, 42 persons were captured and goods valued at Colombian pesos (COP) 154 billion ($49 million) were seized.

Displaced Children: The NGO Consultancy for Human Rights and Displacement estimated in 2016 that 31 percent of persons registered as displaced since 1985 were minors at the time they were displaced (see also section 2.d.). According to CONPES, the government reported in October that approximately 27 percent of Venezuelans registered in the government’s yet-to-be-released 2018 census were minors, of whom approximately half had received government services.

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

Anti-Semitism

The Jewish community, which had an estimated 5,000 members, continued to report instances of anti-Israeli rhetoric connected to events in the Middle East, accompanied by anti-Semitic graffiti near synagogues, as well as demonstrations in front of the Israeli embassy that were sometimes accompanied by anti-Semitic comments on social media. In particular the Colombian Confederation of Jewish Communities expressed concern over the presence of BDS (Boycott, Divestment, Sanctions) Colombia, which aggressively promotes the boycott of Israeli products, culture, and travel and does not actively counter the conflation of anti-Israeli policies with anti-Semitic rhetoric.

Trafficking in Persons

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

Persons with Disabilities

The law punishes those who arbitrarily restrict the full exercise of the rights of persons with disabilities or harass persons with disabilities, but enforcement was rare. The law prohibits discrimination against persons with physical and mental disabilities but does not explicitly prohibit discrimination against persons with sensory or intellectual disabilities. No law mandates access to information and telecommunications for persons with disabilities.

The Office of the Presidential Advisor for Human Rights under the High Counselor for Post-Conflict, Public Security, and Human Rights, along with the Human Rights Directorate at the Ministry of Interior, is responsible for protecting the rights of persons with disabilities. According to Somos Defensores and other NGOs, the law was seldom enforced.

Although children with disabilities attended school at all levels, advocates noted the vast majority of teachers and schools were neither trained nor equipped to educate children with disabilities successfully. Advocacy groups also stated children with disabilities entered the education system later than children without disabilities and dropped out at higher rates. Persons with disabilities were unemployed at a much higher rate than the general population.

In 2013 the State Council ordered all public offices to make facilities accessible to persons with disabilities and asked public officials to include requirements for accessibility when granting licenses for construction and occupancy. The State Council also asked every municipality to enforce rules that would make all public offices accessible to persons with disabilities “in a short amount of time.” It was not clear if much progress had been made.

National/Racial/Ethnic Minorities

According to the 2005 national census, the most recent census available at the time of drafting, approximately 4.5 million persons, or 10 percent of the country’s population, described themselves as being of African descent. A 2011 UN report estimated Afro-Colombians made up 15 to 20 percent of the population, while human rights groups and Afro-Colombian organizations estimated the proportion to be 20 to 25 percent.

Afro-Colombians are entitled to all constitutional rights and protections, but they faced significant economic and social discrimination. According to a 2016 UN report, 32 percent of the country’s population lived below the poverty line, but in Choco, the department with the highest percentage of Afro-Colombian residents, 79 percent of residents lived below the poverty line.

In 2010 the government approved a policy to promote equal opportunity for black, Afro-Colombian, Palenquera, and Raizal populations. (Palenquera populations inhabit some parts of the Caribbean coast, Raizal populations live in the San Andres archipelago, and Blacks and Afro-Colombians are Colombians of African descent who self-identify slightly differently based on their unique linguistic and cultural heritages.) The Ministry of Interior provided technical advice and funding for social projects presented by Afro-Colombian communities.

The National Autonomous Congress of Afro-Colombian Community Councils and Ethnic Organizations for Blacks, Afro-Colombians, Raizales, and Palenqueras, consisting of 108 representatives, met with government representatives on problems that affected their communities.

Indigenous People

The constitution and law give special recognition to the fundamental rights of indigenous persons, who make up approximately 3.4 percent of the population, and require the government to consult beforehand with indigenous groups regarding governmental actions that could affect them.

The law accords indigenous groups perpetual rights to their ancestral lands, but indigenous groups, neighboring landowners, and the government often disputed the demarcation of those lands. Traditional indigenous groups operated 710 reservations, accounting for approximately 28 percent of the country’s territory. Illegal armed groups often violently contested indigenous land ownership and recruited indigenous children to join their ranks.

The law provides for special criminal and civil jurisdictions within indigenous territories based on traditional community laws. Legal proceedings in these jurisdictions were subject to manipulation and often rendered punishments more lenient than those imposed by regular civilian courts.

Some indigenous groups continued to assert they were not able to participate adequately in decisions affecting their lands. The constitution provides for this “prior consultation” mechanism for indigenous communities, but it does not require the government to obtain the consent of those communities in all cases.

The government stated that for security reasons it could not provide advance notice of most military operations, especially when in pursuit of enemy combatants, and added that it consulted with indigenous leaders when possible before entering land held by the communities.

Despite special legal protections and government assistance programs, indigenous persons continued to suffer discrimination and often lived on the margins of society. They belonged to the country’s poorest population and had the highest age-specific mortality rates.

Killings of members and leaders of indigenous groups remained a problem. According to the NGO National Indigenous Organization of Colombia, since the signing of the peace accord, 46 indigenous persons have been killed.

Despite precautionary measures ordered by the IACHR, ethnic Wayuu children continued to die of malnutrition. The United Nations and the government reported an increase in binational Wayuu families, including children, arriving in Colombia as a result of deteriorating conditions in Venezuela. Several hundred members of the Venezuelan Yukpa tribe crossed into Colombia in April due to deteriorating conditions in Venezuela. The government worked with the United Nations to provide the population basic services.

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

There were no reports of official discrimination based on sexual orientation in employment, housing, statelessness, or access to education or health care. A 2015 Constitutional Court decision required that the Ministry of Education modify its educational materials to address discrimination in schools based on sexual orientation or gender identity.

Transgender individuals cited barriers to public services when health-care providers or police officers refused to accept their government-issued identification. Some transgender individuals stated it was difficult to change the gender designation on national identity documents and that transgender individuals whose identity cards listed them as male were still required to show proof they had performed mandatory military service or obtained the necessary waivers from that service. NGOs claimed discrimination and violence in prisons against persons due to their sexual orientation and gender identity remained a problem.

Despite government measures to increase the rights and protection of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, there were reports of societal abuse and discrimination, as well as sexual assault. NGOs claimed transgender individuals, particularly transgender men, were often sexually assaulted in so-called corrective rape. The Constitutional Court pronounced in 2016 that transgender persons faced discrimination and social rejection within the LGBTI community and recommended measures to increase respect for transgender identities in the classrooms.

As of September 18, the Attorney General’s Office was investigating at least two alleged homicides of LGBTI individuals. Investigations into crimes committed by members of the security forces did not appear in the Attorney General’s Office system. NGO Colombia Diversa reported six cases, involving eight victims, of police abuse of persons due to their sexual orientation or gender identity, with the majority of complaints coming from transgender individuals.

NGOs reported several cases of threats against LGBTI human rights defenders, as well as a high level of impunity for crimes against LGBTI persons. Such organizations partially attributed impunity levels to the failure of the Attorney General’s Office to distinguish and effectively pursue crimes against LGBTI persons.

HIV and AIDS Social Stigma

There were no confirmed reports of societal violence or discrimination against persons with HIV/AIDS. In its most recent demographic and health survey (2010), the government reported the responses of 85 percent of those surveyed indicated discriminatory attitudes towards persons with HIV/AIDS, reflecting low levels of social acceptance throughout the country.

Democratic People’s Republic of Korea

Executive Summary

The Democratic People’s Republic of Korea (DPRK or North Korea) is an authoritarian state led by the Kim family for 70 years. Shortly after Kim Jong Il’s death in late 2011, his son Kim Jong Un was named marshal of the DPRK and supreme commander of the Korean People’s Army. He is currently the Chairman of the Worker’s Party of Korea. Kim Jong Un’s grandfather, the late Kim Il Sung, remains “eternal president.” The most recent national elections, held in 2014, were neither free nor fair.

Authorities maintained effective control over the security forces.

Human rights issues included: unlawful or arbitrary killings by the government; forced disappearances by the government; torture by authorities; arbitrary detentions by security forces; detention centers, including political prison camps in which conditions were often harsh and life threatening; political prisoners; rigid controls over many aspects of citizen’s lives, including arbitrary interference with privacy; censorship, and site blocking; substantial interference with the rights of peaceful assembly and freedom of association; severe restrictions of religious freedom; significant restrictions on freedom of movement; restrictions on political participation; coerced abortion; trafficking in persons; severe restrictions on worker rights, including denial of the right to organize independent unions, and domestic forced labor through mass mobilizations and as a part of the re-education system. DPRK overseas contract workers, working on behalf of the government, also faced conditions of forced labor.

The government took no credible steps to prosecute officials who committed human rights abuses. Impunity continued to be a widespread problem.

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

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

There were numerous reports the government committed arbitrary and unlawful killings.

Defector reports noted instances in which the government executed political prisoners, opponents of the government, forcibly returned asylum seekers, government officials, and others accused of crimes. The law prescribes the death penalty for the most “serious” or “grave” cases of “antistate” or “antination” crimes, which include: participation in a coup or plotting to overthrow the state; acts of terrorism for an antistate purpose; treason, which includes defection or handing over of state secrets, broadly interpreted to include providing information about economic, social, and political developments routinely published elsewhere; suppression of the people’s movement for national liberation; and “treacherous destruction.” Additionally, the law allows for capital punishment in less serious crimes such as theft, destruction of military facilities and national assets, fraud, kidnapping, distribution of pornography, and trafficking in persons. Defectors also reported that the government carried out infanticide, or required mothers to commit infanticide in cases of political prisoners, persons with disabilities, women who were raped by government officials or prison guards, and mothers repatriated from China.

NGOs and press reports indicated that border guards had orders to shoot to kill individuals leaving the country without permission, and prison guards were under orders to shoot to kill those attempting to escape from political prison camps.

On June 22, a firing squad reportedly executed army lieutenant general Hyon Ju Song for abusing authority, profiting the enemy, and engaging in antiparty acts. Hyon had reportedly ordered the distribution of extra food and fuel to his troops, claiming “we no longer have to suffer and tighten our belts to make rockets and nuclear weapons.”

The trial of two women accused of assassinating Kim Jong Nam, Kim Jong Un’s half-brother, continued in Kuala Lumpur. The women claimed to have been tricked by four agents working on behalf of the North Korean government into fatally poisoning Kim at the Kuala Lumpur International Airport in February 2017. The four agents, including Ri Ji U and Hong Song Hac, were able to return to North Korea from Malaysia.

The state also subjected private citizens to public executions. According to the Institute for National Security Strategy, the state held 340 public executions from 2012 to 2016, including executions of 140 government officials between 2013 and 2016. A 2016 survey found that 64 percent of defectors had witnessed public executions. Defectors reported going to public executions on school field trips. One defector claimed to have witnessed the public execution of a man who stole copper from a factory and a woman who had come into contact with a missionary while in China.

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

There were no independent domestic organizations to monitor human rights conditions or comment on the status of such rights. The government reported many organizations, including the Democratic Lawyers’ Association, General Association of Trade Unions, Agricultural Workers Union, and Democratic Women’s Union, engaged in human rights activities, but observers could not verify the activities of these organizations.

The international NGO community and numerous international experts continued to testify to the grave human rights situation in the country. The government decried international statements regarding human rights abuses in the country as politically motivated interference in internal affairs. The government asserted criticism of its human rights record was an attempt by some countries to cover up their own abuses and that such hypocrisy undermined human rights principles.

The United Nations or Other International Bodies: The government emphasized it had ratified a number of UN human rights instruments, but it continued to refuse to cooperate with UN representatives. The government prevented the UN special rapporteur on the situation of human rights in the DPRK from visiting the country to carry out his mandate, which it continued to refuse to recognize. The UN special rapporteur on the rights of persons with disabilities visited the DPRK in 2017, but the visit did not focus on allegations of human rights abuses.

Government Human Rights Bodies: The government’s DPRK Association for Human Rights Studies denied the existence of any human rights violations.

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

Women

Rape and Domestic Violence: The government appeared to criminalize rape, but no information was available on details of the law or how it was enforced. The UN COI report found the subjugation of inmates and a general climate of impunity created an environment in which guards and other prisoners in privileged positions raped female inmates. When cases of rape came to light, the perpetrator often escaped with mere dismissal or no punishment. According to the 2017 KINU white paper, the Law for the Protection of Women’s Rights includes a provision prohibiting domestic violence but no legal provisions stipulating penalties for domestic violence. Defectors reported violence against women was a systematic problem both inside and outside the home. According to the 2015 KINU survey of defectors conducted from 2011 to 2015, 81 percent of respondents believed domestic violence was “common.” For example, Human Rights Watch reported one 2009 case in which a woman was robbed, raped, and badly beaten. After reporting the rape, police did nothing, and her husband started to beat her over the incident.

Sexual Harassment: Despite the 1946 Law on Equality of the Sexes, defectors reported the populace generally accepted sexual harassment of women due to patriarchal traditions, and reported there was little recourse for women who had been harassed.

Coercion in Population Control: Defectors reported that the state security officials subjected women to forced abortions although it was done for political purposes, to cover up human rights abuses, and to “protect” ethnic purity, and not population control.

Discrimination: The constitution states, “women hold equal social status and rights with men”; however, few women reached high levels of the party or the government and defectors said gender equality was nonexistent. KINU reported that discrimination against women emerged in the form of differentiated pay scales, promotions, and types of work assigned to women. The foreign press and think tanks reported that, while women were less likely than men to be assigned full-time jobs, they had more opportunity to work outside the socialist economy.

Children

Birth Registration: Children derive citizenship from one’s parents and, in some cases, birth within the country’s territory.

Education: The law provides for 12 years of free compulsory education for all children. Reports indicated that authorities denied some children educational opportunities and subjected them to punishments and disadvantages as a result of the loyalty classification system and the principle of “collective retribution” for the transgressions of family members. NGO reports also noted some children were unable to attend school regularly because of hidden fees or insufficient food. NGOs reported that children in the total control zones of political prisons did not receive the same curriculum or quality of education.

Foreign visitors and academic sources reported that from the fifth grade, schools subjected children to several hours a week of mandatory military training and that all children received political indoctrination.

Medical Care: There was no verifiable information available on whether boys and girls had equal access to state-provided medical care. Access to health care largely depended on loyalty to the government.

Child Abuse: Information about societal or familial abuse of children remained unavailable. The law states that a man who has sexual intercourse with a girl younger than age 15 shall be “punished gravely.” There was no reporting on whether the government upheld this law.

Early and Forced Marriage: The law provides that the minimum age for marriage is 18 years old for men and 17 years old for women.

Sexual Exploitation of Children: As many girls and young women attempt to flee repressive and malnourished conditions for their own survival or the betterment of their family, the 2014 Commission of Inquiry noted they often become subjected to sexual exploitation by traffickers. Traffickers promised these young girls jobs in other parts of the country or in China but then sold them into forced marriages, domestic servitude, or made them work in prostitution after being smuggled out of the country.

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

Displaced Children: According to NGO reports, there were numerous street children, many of them orphans, who had inconsistent access to education.

Institutionalized Children: There were reports of children born into kwanliso political prison camps as a result of “reward marriages” between inmates. Guards subjected children living in prison camps to torture if they or a family member violated the prison rules. Reports noted authorities subjected children to forced labor for up to 12 hours per day and did not allow them to leave the camps. Prisons offered them limited access to education.

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

Anti-Semitism

There was no known Jewish population, and there were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

In 2013 the country announced that it modified its Person with Disability Protection Law to meet the international standards of rights for persons with disabilities. In a 2016 National Human Rights Commission of Korea survey, 89 percent of defectors, however, said there was no consideration for persons with disabilities.

While a 2003 law mandates equal access to public services for persons with disabilities, the state has not enacted the implementing legislation. Traditional social norms condone discrimination against persons with disabilities, including in the workplace (also see section 7.d.). While the state treated veterans with disabilities well, they reportedly sent other persons with physical and mental disabilities from Pyongyang to internal exile, quarantined within camps, and forcibly sterilized. Persons with disabilities experienced discrimination in accessing public life.

The UN special rapporteur on the rights of persons with disabilities, Catalina Devandas Aguilar, visited the DPRK for the first time in May and noted most infrastructure, including new buildings, was not accessible to persons with physical disabilities. She also said more efforts were needed on information and communication access for blind people.

State media reported in July 2016 that the government launched a website for the protection of persons with disabilities, and they improved educational content in schools for children with disabilities to provide professional skills training. Independent observers were unable to verify the report.

The UN Committee on the Rights of the Child repeatedly expressed concern about de facto discrimination against children with disabilities and insufficient measures taken by the state to ensure these children had effective access to health, education, and social services.

The Citizens’ Alliance for North Korean Human Rights 2013 report on the Status of Women’s Rights in the Context of Socio-Economic Changes in the DPRK found that the birth of a baby with disabilities–regardless of circumstances–was considered a “curse,” and doctors lacked training to diagnose and treat such persons. The report stated there were no welfare centers with specialized protection systems for those born with disabilities. Citizens’ Alliance also cited reports that the country maintained a center (Hospital 8.3) for abandoned individuals with disabilities, where officials subjected residents to chemical and biological testing.

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

There are no laws against consensual same-sex activity, but little information was available on discrimination based on sexual orientation or gender identity. In 2014 the Korean Central News Agency, the state news agency, denied the existence of consensual same-sex activity in the country and reported, “The practice can never be found in the DPRK boasting of sound mentality and good morals.”

Democratic Republic of the Congo

Executive Summary

The Democratic Republic of the Congo (DRC) is a nominally centralized constitutional republic. Voters popularly elect the president and the lower house of parliament (National Assembly). Under the constitution, President Joseph Kabila’s second and final term in office expired in 2016. The government, however, failed to organize elections in 2016 in accordance with constitutional deadlines, and the president remained in office. In 2016 the government and opposition parties agreed to a power-sharing arrangement that paved the way for elections, the release of political prisoners, and an end to politically motivated prosecutions. The government failed to implement the agreement as written, however, and in November 2017 it scheduled presidential, legislative, and provincial elections for December 23, 2018. In August the president announced that he would abide by his constitutionally mandated term limit and not seek an illegal third term. Presidential, legislative, and provincial elections were held on December 30; however, presidential elections were canceled in Beni, Butembo, and Yumbi with those legislative and provincial elections postponed to March 2019. President Kabila did not run as a candidate and announced he would hand power over to the winner, which would mark the first civilian transfer of power resulting from elections. Results of the elections were still pending at year’s end.

Civilian authorities did not always maintain control over the security forces.

Armed conflict in eastern DRC and parts of the Kasai regions exacerbated an already precarious human rights situation.

Human rights issues included unlawful killings by government and armed groups; forced disappearances and abductions by government and armed groups; torture by government; arbitrary detention by the government; harsh and life-threatening prison conditions; political prisoners; arbitrary interference with privacy, family, and home; threats against and harassment of journalists, censorship, internet blackouts, site blocking, and criminal libel; substantial interference with the rights of peaceful assembly and freedom of association; delayed elections and restrictions on citizens right to change their government through democratic means; corruption and a lack of transparency at all levels of government; violence against women and children, caused in part by government inaction, negligence; unlawful recruitment of child soldiers; crimes involving violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons and persons with disabilities or members of other minority groups; trafficking in persons, including forced labor, including by children; and violations of worker rights.

Despite the occurrence of some notable trials against military officials, authorities often took no steps to investigate, prosecute, or punish officials who committed abuses, whether in the security forces or elsewhere in the government, and impunity for human rights abuses was a problem.

Government security forces, as well as rebel and militia groups (RMGs) continued to commit abuses, primarily in the east and the central Kasai region. These abuses included unlawful killings, disappearances, torture, destruction of government and private property, and sexual and gender based violence. RMGs also recruited, abducted, and retained child soldiers and compelled forced labor. The government took military action against some RMGs but had limited ability to investigate abuses and bring the accused to trial (see section 1.g.).

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

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

There were numerous reports the government or its agents committed arbitrary or unlawful killings.

The state security forces (SSF) committed arbitrary or unlawful killings in operations against RMGs in the east and in the Kasai region (see section 1.g.). According to the UN Joint Office of Human Rights (UNJHRO), security forces were responsible for 389 extrajudicial killings across the country as of year’s end. Many of these extrajudicial killings occurred in the Kasais, where the SSF fought Kamuina Nsapu and other antigovernment militias. RMGs were responsible for at least 780 summary executions.

On January 21 and February 25, security forces used lethal and disproportionate force to disrupt protests led by Roman Catholic and some Protestant church leaders in support of credible elections and implementation of the December 2016 Agreement. During the two days of protests, UN observers and others witnessed members of the Republican Guard and other members of security forces fire directly at protesters, resulting in seven deaths on January 21 and two on February 25. Among those killed on January 21 was Therese Kapangala, a 24-year-old studying to become a nun, who was shot and killed outside her church in a Catholic parish in Kinshasa. During protests organized by the Catholic Lay Committee on February 25, state security forces killed two persons, including local human rights activist Rossy Mukendi Tshimanga, who was shot by a rubber bullet inside a church compound. From August 3 to 7, the SSF used tear gas and live bullets to disperse protests, resulting in the deaths of three persons, including two children, and the injury of at least two persons by police.

In March a joint report by the UN human rights office in Kinshasa (JHRO) and the UN Office of the High Commissioner for Human Rights (OHCHR) covering January 2017 through January stated that the SSF used illegal, systematic, and disproportionate force against protesters, resulting in 47 civilian deaths. On November 12 and 15, police were responsible for the deaths of two students who were protesting against a teachers’ strike at the University of Kinshasa.

On July 4, the OHCHR released a report on abuses in the Kasais region that accused RMGs Kamuina Nsapu and Bana Mura and the SSF of war crimes and crimes against humanity. Based on interviews with 524 persons, the experts’ report accused the military of cooperation with Bana Mura militia and an excessively violent response to conflict in the region, particularly the 2101st Regiment that was redeployed to Kananga from North Kivu in 2007 when it was part of the Fifth Integrated Brigade. The report estimated that the conflict, which was most violent in 2017, resulted in “thousands of deaths and a disastrous human rights situation” and displaced 1.4 million persons. Among other incidents, the report documented an SSF attack in May 2017 in Tshikulu that resulted in the summary execution of at least 79 civilians, including at least 19 children. On September 15, a regional civil society development network in the Kasai region released a report stating that in March 2017 the SSF killed 264 civilians in the village of Nganza during antimilitia operations.

RMGs committed arbitrary and unlawful killings throughout the year (see section 1.g.). Numerous armed groups recruited and used children as soldiers and human shields and targeted the SSF, members of the government, and others.

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

Elements of the SSF continued to kill, harass, beat, intimidate, and arbitrarily arrest and detain domestic human rights advocates and domestic NGO workers, particularly when the NGOs reported on or supported victims of abuses by the SSF or reported on the illegal exploitation of natural resources in the east. In 2016 the government declined to renew the work permit of a Human Rights Watch researcher and revoked the visa of Congo Research Group director Jason Stearns, officially for reasons of “undesirability.” During the year the government declined to issue or renew visas for some international journalists and researchers. Representatives from the Ministry of Justice and the ANR met with domestic NGOs and sometimes responded to their inquiries.

The United Nations or Other International Bodies: The government cooperated at times with investigations by the United Nations and other international bodies but was not consistent in doing so. For example, the government refused to grant the United Nations access to certain detention centers, particularly at military installations such as military intelligence headquarters, where political prisoners were often detained. In Kasai the government and the SSF provided MONUSCO limited access to suspected mass grave sites, including a site located inside the FARDC officers training school in Kananga, and impeded UN access to individuals arrested in connection with the killing of two UN experts, Michael Sharp and Zaida Catalan. The government also blocked UNJHRO access to morgues, hospitals, and detention facilities during protests in January and February in Kinshasa.

In March 2017, UN experts Michael Sharp and Zaida Catalan were killed in Kasai Central Province. Cell phone video footage showed the two being shot and Catalan later being decapitated by a group of militants. The UNGOE called the incident an assassination “in a premeditated setup under hitherto unclear circumstances” and stated the killings constituted “a deliberate attack against the UN Security Council, which is a serious violation of international humanitarian law.” The government accused members of the Kamuina Nsapu militia of killing the experts, and in June 2017 a trial began in Kananga of 18 defendants, 14 of whom, including several individuals who appeared in the video, remained at large. In October 2017 the trial was suspended but resumed in August. On December 6, a DRC Military Intelligence Colonel was arrested, one of four government officials implicated in the murders. In its 2017 annual report, the UNGOE wrote that the evidence it reviewed “does not yet allow the Group to attribute responsibility for the murder.” The available evidence does not preclude the involvement of different actors, however, such as (pro- or antigovernment) Kamuina Nsapu factions, other armed groups, as well as members of state security services. In May media reported the United Nations stated that the government “hampered” investigations.

Government Human Rights Bodies: During the year the National Commission on Human Rights made some progress, publishing reports on violence in Beni territory, protests during December 2017, January, and February, and the Kamuina Nsapu phenomenon in the Kasais. It also visited detention centers, followed up on complaints of human rights violations from civilians, and held a meeting on the right to demonstrate. It continued to lack sufficient funding for overhead costs or to have representation in all 26 provinces.

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

Women

Rape and Domestic Violence: The law on sexual violence criminalizes rape, but the offense was not always reported by victims and the law was not always enforced. Rape was common. The legal definition of rape does not include spousal rape. It also prohibits extrajudicial settlements (for example, a customary fine paid by the perpetrator to the family of the victim) and forced marriage, allows victims of sexual violence to waive appearance in court, and permits closed hearings to protect confidentiality. The minimum penalty prescribed for conviction of rape is a prison sentence of five years, and courts regularly imposed such sentences in rape convictions.

From January to August, the UNJHRO reported that at least 893 women and girls were victims of sexual and gender based violence. The UNJHRO stated that perpetrators were primarily armed groups followed by FARDC, police, and intelligence agents. The UNJHRO stated that RMGs, including the Raia Mutomboki, also targeted women and girls during the year. On April 15-19, the United Nations reported that at least 66 women and girls were victims of sexual violence, including rapes and gang rapes, by members of the Raia Mutomboki in the South Kivu provincial towns of Keba, Wameli, Kamungini, and Bimpanga. Implementation, including promulgation of the text of the amended family code adopted in 2016, had not begun by year’s end. As of November 19, the United Nations reported that the SSF killed 143 adult women and RMGs killed 111 women and girls.

The SSF, RMGs, and civilians perpetrated widespread sexual violence (see section 1.g.). During the year the United Nations documented adult victims and 183 child victims, including one boy, of sexual violence in conflict. Crimes of sexual violence were sometimes committed as a tactic of war to punish civilians for having perceived allegiances to rival parties or groups. The crimes occurred largely in the conflict zones in North and South Kivu Province, but also throughout the country. The 2013-14 Demographic and Health Survey(DHS) found that more than one in four women nationwide (27 percent) had experienced sexual violence at some point in their lives, up from 22 percent in 2007.

Some prosecutions occurred for rape and other types of sexual violence. On July 26, the High Military Court of Bukavu upheld the December 2017 conviction of Frederic Batumuke, a provincial member of parliament, and 10 other persons for murder and crimes against humanity for the rape of 37 girls ranging in age from 18 months to 12 years. The same court also convicted and sentenced Colonel Bedi Mobuli (aka Colonel 106) to life in prison for crimes against humanity, including rape, sexual slavery, looting, and cruel, inhuman, and degrading treatment.

Most survivors of rape did not pursue formal legal action due to insufficient resources, lack of confidence in the justice system, family pressure, and fear of subjecting themselves to humiliation, reprisal, or both.

The law does not provide any specific penalty for domestic violence despite its prevalence. Although the law considers assault a crime, police rarely intervened in perceived domestic disputes. There were no reports of judicial authorities taking action in cases of domestic or spousal abuse.

Female Genital Mutilation/Cutting (FGM/C): The law describes FGM/C as a form of sexual violence, provides a sentence if convicted of two to five years in prison, and levies fines of up to 200,000 Congolese francs ($125); in case of death due to FGM/C, the sentence is life imprisonment.

For more information, see Appendix C.

Other Harmful Traditional Practices: UNICEF and MONUSCO attributed some abuses of children, including mutilation of children and use of children in combat in the Kasais, to harmful traditional and religious practices. The United Nations reported that Kamuina Nsapu militias often put children, particularly young girls, on the front lines of battle, believing they have powers that could protect them as well as other fighters. For example, it reported Kamuina Nsapu militias often believed young girls could trap bullets fired at them and fling them back at attackers. The Kamuina Nsapu also reportedly slashed children’s stomachs as part of an initiation ritual to see if they would survive and how the wound would heal.

Sexual Harassment: Sexual harassment occurred throughout the country. Legislation passed in 2006 prohibits sexual harassment with conviction carrying a minimum sentence of one year, but there was little or no effective enforcement of the law.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. Estimates on maternal mortality and contraceptive prevalence are available in Appendix C.

Discrimination: The constitution prohibits discrimination based on gender, but the law does not provide women the same rights as men. A 2015 women’s parity law provides women a number of protections. It permits women to participate in economic domains without approval of male relatives, provides for maternity care, disallows inequities linked to dowries, and specifies fines and other sanctions for those who discriminate or engage in gender-based abuse. Women, however, experienced economic discrimination.

According to UNICEF, many widows were unable to inherit their late husbands’ property because the law states that in event of a death in which there is no will, the husband’s children, including those born out of wedlock (provided that they were officially recognized by the father), rather than the widow, have precedence with regard to inheritance. Courts may sentence women found guilty of adultery to up to one year in prison, while adultery by men is punishable only if judged to have “an injurious quality.”

Children

Birth Registration: The law provides for the acquisition of citizenship through birth within the country or from either parent being of an ethnic group documented as having been located in the country in 1960. The government registered 25 percent of children born in some form of medical facility. Lack of registration rarely affected access to government services. For additional information, see Appendix C.

Education: The constitution provides for tuition-free and compulsory primary education. It was not, however, compulsory or tuition free, and the government inconsistently provided it across the provinces. Public schools generally expected parents to contribute to teachers’ salaries. These expenses, combined with the potential loss of income from their children’s labor while they attended class, rendered many parents unable or unwilling to enroll their children.

Primary and secondary school attendance rates for girls were lower than for boys due to financial, cultural, or security reasons, including early marriage and pregnancy for girls. Additionally, children in school were not particularly safe. Teachers subjected one in four children to corporal punishment and pressured one in five girls to exchange sexual favors for high grades.

Many of the schools in the east were dilapidated and closed due to chronic insecurity. The government used other schools as housing for IDPs. Parents in some areas kept their children from attending school due to fear of RMG forcible recruitment of child soldiers.

Schools were sometimes targeted in attacks by both the FARDC and RMGs. UNJRO documented 153 attacks on schools, including 118 in Ituri province, the majority that were committed in the context of interethnic conflict.

Child Abuse: Although the law prohibits all forms of child abuse, it regularly occurred.

The constitution prohibits parental abandonment of children accused of sorcery. Nevertheless, parents or other care providers sometimes abandoned or abused such children, frequently invoking “witchcraft” as a rationale. The law provides for the imprisonment of parents and other adults convicted of accusing children of witchcraft. Authorities did not implement the law.

Many churches conducted exorcisms of children accused of witchcraft. These exorcisms involved isolation, beating and whipping, starvation, and forced ingestion of purgatives. According to UNICEF some communities branded children with disabilities or speech impediments as witches. This practice sometimes resulted in parents’ abandoning their children.

Many children suffered abuse from militia groups that recruited children and believed they possessed magic powers. The armed group Bana Mura was reportedly responsible for taking women of childbearing age and enslaving them to give birth to children that would be raised in a different ethnic group. The United Nations reported that Kamuina Nsapu militants forced children to undergo a “baptism” ritual of a deep knife cut to the stomach. Those children who did not die of these wounds were reportedly recruited into the militia and used as combatants, often put on the front lines as “fetish keepers” due to their supposed powers. These practices resulted in the deaths of many children during the Kasai conflict in 2017.

Early and Forced Marriage: While the law prohibits marriage of boys and girls younger than age 18, many marriages of underage children took place. Bridewealth (dowry) payment made by a groom or his family to the relatives of the bride to ratify a marriage greatly contributed to underage marriage, as parents forcibly married daughters to collect bridewealth or to finance bridewealth for a son.

The constitution criminalizes forced marriage. Courts may sentence parents convicted of forcing a child to marry to up to 12 years’ hard labor and a fine of 92,500 Congolese francs ($58). The penalty doubles when the child is younger than age 15. For additional information, see Appendix C.

Sexual Exploitation of Children: The minimum age of consensual sex is 18 for both men and women, and the law prohibits prostitution by anyone younger than age 18. The penal code prohibits child pornography, with imprisonment of 10 to 20 years for those convicted. The 2009 Child Protection Code criminalized child sex trafficking, with conviction carrying penalties ranging from 10 to 20 years’ imprisonment and a fine of 800,000 to 1,000,000 Congolese francs ($500 to $625). From January through July, UNICEF assisted 2,694 children who were victims of sexual exploitation. Approximately half of these children (1,076 girls and 37 boys) were provided with a holistic response including psychosocial care, medical care, socioeconomic reintegration, and legal assistance. There were also reports that child soldiers, particularly girls, faced sexual exploitation (see section 1.g.).

There was an increase in sexual violence against children and infants in Kavumu, South Kivu Province, during 2016 (see section 6). While targeted sexual violence against children decreased in the region following arrests and charges against some militia members responsible, many of the survivors continued to face stigmatization from their communities.

Child Soldiers: Armed groups recruited boys and girls (see section 1.g.).

Displaced Children: According to the 2007 Rapid Assessment, Analysis, and Action Planning Report, which remains the most recent data available, there were an estimated 8.2 million orphans and other vulnerable children in the country. Of these, 91 percent received no external support of any kind and only 3 percent received medical support. An estimated 30,000 to 40,000 children lived on the streets, with the highest concentration in Kinshasa. The families of many of these children forced them out of their homes, accusing them of witchcraft and bringing misfortune to their families.

Since 2016 the conflict in the Kasais displaced more than 1.4 million persons, including many children who were kidnapped by militia members or otherwise separated from their families. The government was not equipped to deal with such large numbers of homeless children. The SSF abused and arbitrarily arrested street children.

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

Anti-Semitism

The country had a very small Jewish population, and there were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The constitution prohibits discrimination against persons with disabilities and provides specific government protection for them. The constitution states all persons should have access to national education. The law states that private, public, and semipublic companies may not discriminate against qualified candidates based on disability. The government did not enforce these provisions effectively, and persons with disabilities often found it difficult to obtain employment, education, and other government services.

The law does not mandate access to government buildings or services for persons with disabilities. While persons with disabilities may attend public primary and secondary schools and have access to higher education, no special provisions are required of educational facilities to accommodate their specific needs. Consequently, 90 percent of adults with disabilities do not achieve basic literacy. The Ministry of Education increased its special education outreach efforts but estimated it was educating fewer than 6,000 children with disabilities.

Disability groups reported extensive social stigmatization, including children with disabilities being expelled from their homes and accused of witchcraft. Families sometimes concealed their children with disabilities from officials to avoid being required to send them to school.

National/Racial/Ethnic Minorities

Ethnic Twa persons frequently faced severe societal discrimination and had little protection from government officials (see section 1.g.).

There were reports of societal discrimination and violence against foreign minority groups. For example, protesters attacked businesses owned by ethnic Chinese during the January protests.

Indigenous People

Estimates of the country’s indigenous population (Twa, Baka, Mbuti, Aka, and others believed to be the country’s original inhabitants) varied greatly, from 250,000 to two million. Societal discrimination against these groups was widespread, and the government did not effectively protect their civil and political rights. Most indigenous persons took no part in the political process, and many lived in remote areas. Fighting in the east between RMGs and the SSF, expansion by farmers, and increased trading and excavation activities caused displacement of some indigenous populations.

While the law stipulates that indigenous populations receive 10 percent of the profits gained from use of their land, this provision was not enforced. In some areas, surrounding tribes kidnapped and forced indigenous persons into slavery, sometimes resulting in ethnic conflict (see section 1.g.). Indigenous populations also reported high instances of rape by members of outside groups, which contributed to HIV/AIDS infections and other health complications.

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

While no law specifically prohibits consensual sexual conduct between same-sex adults, individuals engaging in public displays of same-sex sexual conduct, such as kissing, were sometimes subject to prosecution under public indecency provisions, which society rarely applied to opposite-sex couples. A local NGO reported that authorities often took no steps to investigate, prosecute, or punish officials, who committed abuses against LGBTI persons, whether in the security forces or elsewhere in the government, and impunity for human rights abuses was a problem.

Identifying as lesbian, gay, bisexual, transgender, or intersex remained a cultural taboo, and harassment by the SSF and judiciary occurred.

LGBTI individuals were subjected to harassment, stigmatization, and violence, including “corrective” rape. Some religious leaders, radio broadcasts, and political organizations played a key role in perpetrating discrimination against LGBTI individuals.

HIV and AIDS Social Stigma

The law prohibits discrimination based on HIV status, but social stigma continued.

The latest available DHS, which dates from 2013-14, captured a proxy indicator measuring the level of tolerance of respondents towards an HIV-positive person (either family member, businessperson, or teacher) and the necessity of hiding the HIV-positive status of a family member. A total of 72 percent of respondents said they were ready to take care of an HIV-positive parent, but only 47 expressed willingness to purchase produce from an HIV-positive seller. A total of 49 percent of respondents would accept having an HIV-positive teacher teach their children, and 26 percent said it would not be necessary to hide the HIV status of a family member. The study estimated a global tolerance level towards HIV-positive persons at 4 percent in women and 12 percent in men.

According to UNAIDS, the HIV prevalence rate of adults and children between 15 and 49 was 0.7 percent, and an estimated 390,000 persons of all ages in the country had HIV in 2017.

Other Societal Violence or Discrimination

Discrimination against persons with albinism was widespread and limited their ability to marry and obtain employment, health care, and education. Families and communities frequently ostracized persons with albinism.

Longstanding ethnic tensions also fueled some community violence. In the wake of an offensive against Mai Mai Yakutumba in South Kivu, the SSF targeted for arrest young men identified by tribal scarring as members of the Bemba community. This harassment by the SSF was given as a reason why several young men subsequently joined the Mai Mai group. Small-scale conflicts in the Rutshuru and Lubero territories of North Kivu conflict exacerbated longstanding tensions between Hutu, on the one hand, and the Kobo, Nyanga, and Nande ethnic communities, on the other hand. In January 2017 the Nande-affiliated Mai Mai Mazembe RMG attacked the town of Kibirizi, decapitating one Hutu, burning one woman to death, and burning 16 homes. In April 2017 intercommunity tensions between Tshokwe and Pende (accused of being affiliated with the Congolese security forces) and Luba and Lulua communities (accused of being Kamuina Nsapu militia sympathizers) turned violent, particularly in Kamonia territory, Kasai Province. In April 2017 Tshokwe youths armed with rifles and machetes killed at least 38 persons, including eight women and eight children, mainly of Lulua ethnicity, in several parts of the territory.

Egypt

Executive Summary

According to its constitution, Egypt is a republic governed by an elected president and unicameral legislature. Presidential elections were held in March. Prior to the presidential elections, challengers to the incumbent president Abdel Fattah al-Sisi pulled out, citing personal decisions, political pressure, legal troubles, unfair competition, and in some cases they were arrested for alleged violations of candidacy prohibitions for military personnel. Domestic and international organizations expressed concern that government limitations on association, assembly, and expression severely constrained broad participation in the political process. Domestic and international observers concluded that government authorities professionally administered parliamentary elections in 2015 in accordance with the country’s laws, while also expressing concern about restrictions on freedom of peaceful assembly, association, and expression and their negative effect on the political climate surrounding the elections.

Civilian authorities maintained effective control over the security forces.

Since President Sisi requested parliament to approve a state of emergency (SOE) after the April 2017 terrorist attack on Coptic churches, he has requested and parliament has ratified SOEs with one- or two-day gaps between every two SOE periods to meet the legal requirement that SOEs may only be renewed once.

Human rights issues included unlawful or arbitrary killings by the government or its agents and terrorist groups; forced disappearances; torture; arbitrary detention; harsh and life-threatening prison conditions; arbitrary arrest and detention; political prisoners; arbitrary or unlawful interference with privacy; undue restrictions on free expression, the press, and the internet, including censorship, site blocking, and criminal libel; substantial interference with the rights of peaceful assembly and freedom of association, including government control over registration and financing of nongovernmental organizations (NGOs); restrictions on political participation; use of the law to arbitrarily arrest and prosecute lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; violence targeting LGBTI persons and members of other minority groups, and use of forced or compulsory child labor.

The government inconsistently punished or prosecuted officials who committed abuses, whether in the security services or elsewhere in government. In most cases the government did not comprehensively investigate allegations of human rights abuses, including most incidents of violence by security forces, contributing to an environment of impunity.

Attacks by terrorist organizations caused arbitrary and unlawful deprivation of life. Terrorist groups conducted deadly attacks on government, civilian, and security targets throughout the country, including places of worship. Authorities investigated terrorist attacks and prosecuted alleged perpetrators.

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

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

There were numerous reports the government or its agents committed arbitrary or unlawful killings, including incidents that occurred while making arrests or holding persons in custody or during disputes with civilians. There were also reports of civilians killed during military operations in Sinai. Impunity was a problem.

There were instances of persons tortured to death and other allegations of killings in prisons and detention centers. The government charged, prosecuted, and convicted perpetrators in some cases.

Authorities charged two police officers with the death of Mohamed Abdel Hakim Mahmoud (aka Afroto) due to what government investigators described as beatings following his arrest on January 5. Following news of his death, local residents protested outside the police station, resulting in the arrest of 102 protesters. In February the court released at least 79 protesters on bail. On November 28, the Mokattam state security misdemeanor court sentenced 99 defendants to one year in prison. On November 11, a Cairo criminal court sentenced an assistant detective from the Mokattam police station to three years in prison and a police officer to six months in connection with Afroto’s death. According to press reports, the police officer convicted will not serve time in prison because he had already spent 10 months in remand detention, while the assistant detective will still serve three years in prison, excluding the time already served in remand. The verdict remained subject to appeal.

As of year’s end, an investigative team led by the Prosecutor General’s Office had not released conclusions of its investigation into the killing of Italian graduate student Giulio Regeni, who was found dead in 2016 with what forensics officials said were signs of torture. According to press reports, Italian prosecutors asked in December to investigate a number of Egyptian secret service agents suspected to be involved in Regeni’s death. Egyptian authorities denied this request. In November the Italian minister of foreign affairs summoned the Egyptian ambassador to Italy to prompt him to urge Egyptian authorities to act quickly to honor the commitment made at top political levels to hold accountable those responsible for Regeni’s killing.

There were reports of suspects killed in unclear circumstances during or after arrest. On March 27, according to press reports, Abdel Halim Mohamed El-Nahas died following a five-hour interrogation in Tora Prison. According to his cellmates’ statements to a local rights organization, he returned from the interrogation having lost his ability to speak or move and quickly died.

There were reports of groups of suspected terrorists and other suspected criminals killed during security raids conducted by security forces. The Interior Ministry said police officers fired at suspects only when suspects fired first. Rights groups argued these shootings might have amounted to extrajudicial killings. In some cases human rights organizations and media reported there was evidence that police detained suspects before killing them. In June authorities killed 10 persons and arrested two in raids across the country. Authorities said those killed were members of the Arm of Egypt Movement (HASM), who were involved in a March 24 attack on Alexandria’s security chief that killed two soldiers. On March 25, authorities killed six persons in operations related to the same attack, according to an official statement.

There were reports the Egyptian navy shot and killed fishermen from Gaza near the Egypt-Gaza maritime boundary. For example, on November 8, Gazan Mostafa Abu Audeh was allegedly shot and killed by Egyptian naval forces while he was fishing just off the coast of the Palestinian city of Rafah. According to press reports, the Egyptian military denied the reports. On February 8, the Court of Cassation upheld the 2015 appeals court verdict in the case of four police officers charged in the 2013 deaths of 37 Muslim Brotherhood (MB) detainees while transferring them to Abu Zaabal Prison near Cairo. Following a successful 2014 appeal of their convictions, in 2015 the appeals court reduced one officer’s sentence from 10 to five years, while maintaining the one-year suspended prison sentences for the three other officers.

At year’s end the government had not held accountable any individual or governmental body for state violence after 2013, including the deaths of hundreds of civilians during the 2013 dispersals of the sit-ins at Rabaa al-Adawiya Square in Cairo and Nahda Square in Giza. On July 25, parliament approved a law giving the president authority to immunize military commanders against prosecution for crimes committed between February 19, 2011 (suspension of the 1971 constitution) and January 23, 2012 (the seating of parliament) and between July 3, 2013 (suspension of the 2012 constitution) and January 1, 2016 (seating of the current parliament). They also have future immunity against prosecution for any crimes that may occur during the suspension of the present constitution and in the absence of a parliament.

Terrorist groups, including “Islamic State”-Sinai (formerly known as Ansar Bayt al-Maqdis), HASM, and Ajnad Misr, among others, conducted deadly attacks on government, civilian, and security targets throughout the country, including places of worship. There were no published official data on the number of victims of terrorist violence during the year. According to local media reports, terrorists killed hundreds of civilians throughout the country. As of April in Sinai alone, militant violence killed at least six civilians and 37 security force members, according to publicly available information. During the same period in Sinai, the government killed 225 terrorists, according to official public statements.

On March 24, a bomb placed under a car exploded as the motorcade of Alexandria’s director of security passed. The blast killed two police officers and injured at least four others. No party claimed responsibility, but the Ministry of Interior blamed HASM; authorities arrested and killed several persons they said had ties to the attack (see above).

On November 3, terrorists attacked a bus carrying Coptic Christian pilgrims to a monastery in Minya, killing seven and injuring at least seven others. ISIL-Sinai claimed responsibility for the attack. On November 4, the government reported that police in Minya killed 19 militants responsible for the attack in Assyut.

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

International and local human rights organizations said that the government continued to be uncooperative. On August 8, Minister of Local Development Mahmoud Shaarawy said that rights units were established in 18 governorates to receive complaints and spread the culture of human rights. Government officials publicly asserted they shared the civil society organizations’ goals, but they rarely cooperated with or responded to the organizations’ inquiries. The cabinet established a committee on human rights chaired by the minister of foreign affairs to prepare UN reports and respond to human rights allegations raised against the country. Domestic civil society organizations criticized the government’s consultations with civil society as insufficient. Provisions in the 2017 NGO law and penal code established penalties of up to life imprisonment for requesting or accepting foreign funding to undermine state security (see section 2.b.).

Extended delays in gaining government approvals and an unclear legal environment continued to limit the ability of domestic and international NGOs to operate. State-owned and independent media frequently depicted NGOs, particularly international NGOs and domestic NGOs that received funding from international sources, as undertaking subversive activities. Some NGOs reported receiving visits or calls to staff, both at work and at home, from security service officers and tax officials monitoring their activities, as well as societal harassment.

Human rights defenders and political activists were also subjected to governmental and societal harassment and intimidation, including through travel bans (see section 2.d.). Print and television media published articles that included the names, photographs, business addresses, and alleged meetings held by activists, including meetings held with foreign diplomatic representatives.

Well established, independent domestic human rights NGOs struggled to operate amid increasing pressure from security forces throughout the country. Online censorship (see section 2.a.) diminished the roles of internet activists and bloggers in publicizing information concerning human rights abuses. Authorities sometimes allowed civil society organizations not registered as NGOs to operate, but such organizations often reported harassment, along with threats of government interference, investigation, asset freezes, or closure.

The government continued investigations into the receipt of foreign funding by several human rights organizations (see section 1.b.).

Major international human rights organizations, such as HRW and AI, did not have offices in the country after closing them in 2014 due to “concerns about the deteriorating security and political environment in the country.”

The United Nations or Other International Bodies: In October the UN Special rapporteur on the right to adequate housing visited the country, the first rapporteur to visit since 2010. In a December 4 statement, the rapporteur claimed that individuals she met during her trip faced retaliation in the form of forced evictions, housing demolitions, arbitrary arrest, intimidation, and other reprisals

Nine other UN special rapporteurs had pending visit requests; the Ministry of Foreign Affairs stated it was committed to facilitating their visits by the end of 2019. Authorities did not allow the International Committee of the Red Cross access to prisoners and detainees. The Interior Ministry provided some international organizations informal access to some detention centers where authorities detained asylum seekers, refugees, and migrants to provide humanitarian assistance (see section 2.d.).

Government Human Rights Bodies: The NCHR monitored government abuses of human rights and submitted citizen complaints to the government. A number of well known human rights activists served on the organization’s board, although some observers alleged the board’s effectiveness was sometimes limited because it lacked sufficient resources and the government rarely acted on its findings. The council at times challenged and criticized government policies and practices, calling for steps to improve its human rights record. For example, the NCHR called for improved prison conditions and for repeal of the protest law.

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

Women

Rape and Domestic Violence: The law criminalizes rape, prescribing penalties of 15 to 25 years’ imprisonment, or life imprisonment for cases of rape involving armed abduction. Spousal rape is not illegal. The government did not effectively enforce the law. Civil society organizations reported police pressure not to pursue charges.

Domestic violence was a significant problem. The law does not prohibit domestic violence or spousal abuse, but authorities may apply provisions relating to assault with accompanying penalties. The law requires that an assault victim produce multiple eyewitnesses, a difficult condition for domestic abuse victims. Police often treated domestic violence as a social rather than criminal matter.

The Ministry of Social Solidarity supported eight women’s shelters. The Interior Ministry includes a unit responsible for combating sexual and gender-based violence. The National Council for Women (NCW), a quasi-governmental body, was responsible for coordinating government and civil society efforts to empower women. In 2015 the NCW launched a five-year National Strategy to Combat Violence Against Women with four strategic objectives: prevention, protection, intervention, and prosecution. An NCW study found that approximately 1.5 million women reported domestic violence each year.

On August 31, journalist May al-Shamy filed a complaint accusing the editor in chief of the newspaper Youm7 of sexually assaulting her physically, on several occasions in the preceding month. The prosecution suspended its investigation into the case on October 31 due to a lack of evidence. Shamy’s appeal to reopen the investigation was rejected on November 5.

On November 25, the Investment and International Cooperation Ministry launched a national initiative for combating violence against women. The initiative groups international and local partners to conduct an awareness campaign against sexual harassment in means of transportation, in addition to all other forms of violence against women.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is illegal, but it remained a serious problem. According to the 2015 Egypt Health Issues Survey, published during 2016 by the Ministry of Health and Population, 70 percent of girls between ages 15 and 19 had undergone FGM/C, a decrease from 81 percent in 2008. In May authorities reportedly arrested a doctor from Sohag University Hospital for allegedly conducting FGM/C on a 12-year-old girl.

On June 1, the Egyptian body, Dar al-Iftaa, responsible for issuing Islamic fatwas, declared FGM forbidden in Islam. On November 25, the International Day for the Elimination of Violence against Women, the country’s grand mufti Shawqi Allam highlighted Dar al-Iftaa’s issuance of several fatwas confirming the rights of women and preventing FGM.

A 2016 amendment to the law designates FGM/C a felony, as opposed to a misdemeanor as it was previously, and assigns penalties for conviction of five to seven years’ imprisonment for practitioners who perform the procedure or 15 years if the practice led to death or “permanent deformity.” The law granted exceptions in cases of “medical necessity,” which rights groups and subject matter experts identified as a problematic loophole that allowed the practice to continue. According to international and local observers, the government did not effectively enforce the FGM/C law.

Other Harmful Traditional Practices: The law does not specifically address “honor” crimes, which authorities treated as any other crime. There were no reliable statistics regarding the incidence of killings and assaults motivated by “honor,” but local observers stated such killings occurred, particularly in rural areas.

Sexual Harassment: Sexual harassment remained a serious problem. The government claimed it prioritized efforts to address sexual harassment. The penal code defines sexual harassment as a crime, with penalties including fines and sentences of six months’ to five years’ imprisonment if convicted. Media and NGOs reported sexual harassment by police was also a problem, and the potential for further harassment further discouraged women from filing complaints.

Authorities arrested individuals who complained of their experience with sexual harassment online, including activist Amal Fathy and Lebanese tourist Mona el-Mazbouh (see section 2.a.).

On September 9, the Qasr al-Nil misdemeanor court sentenced a man to two years in prison for sexually harassing two women while they were walking in downtown Cairo. The man also was fined and received a three-month sentence for assault. Authorities acquitted a second man of the same charges. When police responded to the incident, the two men alleged the women had assaulted them, and authorities took all four into custody. Authorities held the women in detention for 10 hours until their lawyer assured that they would return them for questioning.

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

Discrimination: The constitution provides for equal rights for male and female citizens. Women did not enjoy the same legal rights and opportunities as men, and discrimination was widespread. Aspects of the law and traditional societal practices disadvantaged women in family, social, and economic life.

Women faced widespread societal discrimination, threats to their physical security, and workplace bias in favor of men that hindered their social and economic advancement.

By the end of the year, the Ministry of Interior had implemented a 2017 decree issued by the prime minister to include at least one female officer at every police station.

Laws affecting marriage and personal status generally corresponded to an individual’s religious group. A female Muslim citizen cannot legally marry a non-Muslim man. If she were to do so, authorities could charge her with adultery and consider her children illegitimate. Under the government’s interpretation of Islamic law, any children from such a marriage could be placed in the custody of a male Muslim guardian. Khula divorce allows a Muslim woman to obtain a divorce without her husband’s consent, provided she forgoes all her financial rights, including alimony, dowry, and other benefits. The Coptic Orthodox Church permits divorce only in rare circumstances, such as adultery or conversion of one spouse to another religion. Other Christian churches sometimes permitted divorce on a case-by-case basis.

The law follows sharia in matters of inheritance; therefore, a Muslim female heir generally receives one-half the amount of a male heir’s inheritance, and Christian widows of Muslims have no inheritance rights. A sole Muslim female heir receives one-half her parents’ estate, and the balance goes to the siblings of the parents or the children of the siblings if the siblings are deceased. A sole male heir inherits his parents’ entire estate.

In marriage and divorce cases, a woman’s testimony must be judged credible to be admissible. Usually the woman accomplishes credibility by conveying her testimony through an adult male relative or representative. The law assumes a man’s testimony is credible unless proven otherwise.

Labor laws provide for equal rates of pay for equal work for men and women in the public but not the private sector. Educated women had employment opportunities, but social pressure against women pursuing a career was strong. Large sectors of the economy controlled by the military excluded women from high-level positions.

Children

Birth Registration: Children derive citizenship through the citizenship of their parents. The mother or the father transmits citizenship and nationality. The government attempted to register all births soon after birth, but some citizens in remote and tribal areas, such as the Sinai Peninsula, resisted registration or could not document their citizenship. In some cases failure to register resulted in denial of public services, particularly in urban areas where most services required presentation of a national identification card.

Education: Education is compulsory, free, and universal until the ninth grade. The law provides this benefit to stateless persons and refugees. Public schools enrolled Syrian refugees, but they largely excluded refugees of other nationalities.

Child Abuse: The constitution stipulates the government shall protect children from all forms of violence, abuse, mistreatment, and commercial and sexual exploitation. According to a local rights group, authorities recorded hundreds of cases of alleged child abuse each month. No dedicated government institution addressed child abuse, although several civil society organizations assisted runaway and abandoned children.

On September 11, authorities began to investigate reports social workers at the Beni Suef orphanage sexually assaulted children. Beni Suef’s governor also ordered an investigation of the orphanage’s board of directors.

Rights organizations reported children faced mistreatment in detention, including torture, sharing cells with adults, denial of their right to counsel, and authorities’ failure to notify their families. In a November 20 report, AI alleged it had documented six instances of torture and 12 instances of enforced disappearances involving children since 2015. The State Information Service released a response denying the report. According to a local rights group, police sometimes charged street children with unsolved crimes to increase perceived police effectiveness.

According to human rights organizations, security forces detained 12-year-old Abdullah Boumedine Nasr al-Din, in his home in December 2017 and accused him of joining a terrorist group and planting explosives. He was then allegedly forcibly disappeared for seven months before being brought before the State Security Prosecution and interrogated without an attorney in July. Authorities then transferred him to Azbakeya Police Station in Cairo where he reportedly spent more than three months in solitary confinement as of October 30.

Early and Forced Marriage: The legal age of marriage is 18. According to UNICEF 17 percent of girls married before age 18, and 2 percent of girls were married by age 15. According to NCW statistics, nearly 36 percent of marriages in rural areas in the southern part of the country included a partner who was not yet age 18. Families reportedly sometimes forced adolescent girls to marry wealthy foreign men in what were known locally as “tourism” or “summer” marriages for the purpose of sexual exploitation, prostitution, or forced labor. According to the law, a foreign man who wants to marry an Egyptian woman more than 25 years younger than he is must pay a fine of LE 50,000 ($2,790). Women’s rights organizations argued that allowing foreign men to pay a fine to marry much younger women represented a form of trafficking and encouraged child marriage. They called on the government to eliminate the system altogether. The Antitrafficking Unit at the National Council for Childhood and Motherhood (NCCM), a governmental body, is responsible for raising awareness of the problem.

Sexual Exploitation of Children: The law provides for sentences of not less than five years’ imprisonment and fines of up to LE 200,000 ($11,150) for conviction of commercial sexual exploitation of children and child pornography. The government did not adequately enforce the law. The minimum age for consensual sex is age 18.

Displaced Children: The Central Agency for Public Mobilization and Statistics and the NCCM estimated the number of street children to be 16,000, while civil society organizations estimated the number to be in the millions. The ministry offered shelters to street children, but many chose not to use them because staff treated the children as if they were criminals, according to local rights groups. According to rights groups, the incidence of violence, prostitution, and drug dealing in these shelters was high. Religious institutions and NGOs provided services for street children, including meals, clothing, and literacy classes. The Ministry of Health and Population offered mobile health clinics staffed by nurses and social workers. The Ministry of Social Solidarity offered 17 mobile units in 10 governorates, which provided emergency services, including food and health care, to street children.

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

Anti-Semitism

The country’s Jewish community reportedly numbered fewer than eight individuals. There were a few reports of imams, who are appointed and paid by the government, using anti-Semitic rhetoric in their sermons.

Journalists and academics made statements on state-owned television endorsing conspiracy theories about Jewish domination of world media and economy. In a June interview on state-owned Channel Two, a university law professor argued, “Jews control the money and the media,” adding that they have a 50-year plan to reach Mecca and Medina. In May the chair of the Hebrew Language Department at Menoufia University claimed, “Israeli violence…is embedded in the Jewish genes” during a weekly show dedicated to Jews and Israel on state-owned television Channel Two.

Trafficking in Persons

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

Persons with Disabilities

The constitution states persons with disabilities are equal without discrimination before the law. During the year the government passed a law prohibiting discrimination in education, employment, health, political activity, rehabilitation, training, and legal protection.

The law provides for persons with disabilities to gain access to vocational training and employment. Government policy sets a quota for employing persons with disabilities of 5 percent of workers with disabilities for companies with more than 50 employees. Authorities did not enforce the quota requirement, and companies often had persons with disabilities on their payroll to meet the quota without actually employing them. Government-operated treatment centers for persons with disabilities, especially children, were of poor quality.

The Ministries of Education and Social Solidarity share responsibility for protecting the rights of persons with disabilities. Persons with disabilities rode government-owned mass transit buses without charge, but the buses were not wheelchair accessible. Persons with disabilities received subsidies to purchase household products, wheelchairs, and prosthetic devices. Some children with disabilities attended schools with their nondisabled peers while others attended segregated schools. Some of the segregated institutions are informal schools run by NGOs.

National/Racial/Ethnic Minorities

The law prohibits discrimination on any grounds. Nevertheless, dark-skinned Egyptians and sub-Saharan Africans faced discrimination and harassment, as did Nubians from Upper Egypt.

According to the constitution, the state should make efforts to return Nubians to their original territories and develop such territories within 10 years of the constitution’s 2014 ratification.

In September 2017 security forces in Aswan arrested 25 Nubians who were participating in a protest to commemorate the 2011 detention of Nubians during a sit-in. The charges against them included protesting illegally and receiving funds from foreign sources. The death of one detainee while in custody triggered another protest in November 2017 by members of the Nubian community. Authorities reportedly arrested as many as 13 protesters at the event. A court ordered the original 24 detainees released; the next hearing for their case was scheduled for January 29. A State Security Misdemeanor Court acquitted seven defendants in the second case on October 28.

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

While the law does not explicitly criminalize consensual same-sex sexual activity, it allows police to arrest LGBTI persons on charges such as “debauchery,” “prostitution,” and “violating the teachings of religion” and provides for prison sentences if convicted of up to 10 years. According to a local rights group, there were more than 250 reports of such arrests since 2013. Authorities did not use antidiscrimination laws to protect LGBTI individuals. Legal discrimination and social stigma impeded LGBTI persons from organizing or advocating publicly in defense of their rights. Information was not available on official or private discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. There were no government efforts to address potential discrimination. An October 2017 Supreme Media Council (a semigovernmental body) ban on media supporting LGBTI persons and their rights continued.

There were reports of arrests and harassment of LGBTI individuals. Intimidation and the risk of arrest greatly restricted open reporting and contributed to self-censorship. Rights groups and activists reported harassment by police, including physical assault and forced payment of bribes to provide information concerning other LGBTI individuals or to avoid arrest. The government has the authority to deport or bar entry to the country of LGBTI foreigners.

There were credible reports that authorities used social media, dating websites, and cell phone apps to entrap persons they suspected of being gay or transgender, a method LGBTI advocates described as especially effective as LGBTI-friendly public spaces had largely closed during the past two years.

In January police in Alexandria arrested 10 men on charges related to debauchery and narcotics. Police reportedly stated one of the men rented an apartment for men “seeking pleasure from men.”

Rights groups reported that authorities, including the Forensic Medical Authority, conducted forced anal examinations. The law allows for conducting forced anal exams in cases of debauchery.

HIV and AIDS Social Stigma

HIV-positive individuals faced significant social stigma and discrimination in society and the workplace. The health-care system provided anonymous counseling and testing for HIV, free adult and pediatric antiretroviral therapy, and support groups.

Other Societal Violence or Discrimination

There were incidents of mob violence and vigilantism, particularly sectarian violence against Coptic Christian Egyptians. On July 9, a mob of Muslims attacked Copts’ homes in the village of Minbal after a Copt allegedly posted content on social media offensive to Islam. Following the violence police arrested more than 90 Muslims and charged them with forming a mob, attacking Copts’ homes, inciting sedition, and attacking the police. Police also arrested the Copt, Abdu Adel Ayad, alleged to have made the offensive social media post. All of those arrested were released by late July following a customary reconciliation session except for a defendant accused of instigating the attack.

Ethiopia

Executive Summary

Ethiopia is a federal republic. The ruling Ethiopian Peoples’ Revolutionary Democratic Front (EPRDF), a coalition of four ethnically based parties, controls the government. In the 2015 general elections, the EPRDF and affiliated parties won all 547 House of People’s Representatives (HPR – parliament) seats to remain in power for a fifth consecutive five-year term. On February 14, former prime minister Hailemariam Desalegn announced his resignation to accelerate political reforms in response to demands from the country’s increasingly restive youth. On February 15, the government declared a State of Emergency (SOE) in response to growing unrest and political uncertainty. During the SOE a Command Post under the direction of the minister of defense held broad powers that, while constitutionally granted, infringed upon human rights by expanding authorities to detain individuals, restrict speech, and restrict movement. On April 2, the parliament selected Abiy Ahmed Ali as prime minister to lead broad reforms.

It was widely reported that civilian authorities at times did not maintain control over regional security forces. Rural local police and militias sometimes acted independently and extrajudicially. A strong trend toward increased respect for rule of law began under Abiy.

Abiy’s assumption of office was followed by positive changes in the human rights climate. The government decriminalized political movements that had been accused of treason in the past, invited opposition leaders to return to the country and resume political activities, allowed peaceful rallies and demonstrations, enabled the formation and unfettered operation of new political parties and media outlets, continued steps to release thousands of political prisoners, and undertook revisions of repressive laws. On June 5, the parliament voted to lift the SOE.

Human rights issues included reports of unlawful or arbitrary killings by security forces and between citizens; forced disappearances by some government forces; torture; harsh and life-threatening prison conditions; arbitrary arrest and detention by security forces; political prisoners; interference with privacy; censorship and site blocking; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization laws; and significant restrictions on freedom of movement; violence against women and children, in part due to government inaction; criminalization of same-sex sexual conduct; and child labor, including worst forms. Both the number and severity of these human rights issues diminished significantly under Abiy’s administration, and in some cases they were no longer an issue by the end of the year.

The government at times did not take steps to prosecute officials who committed human rights abuses, resulting in impunity for violators. The government took positive steps toward greater accountability under Abiy to change the relationship between security forces and the population. In August the federal government arrested former Somali regional president Abdi Mohamoud Omar on human rights grounds. On June 18, the prime minister spoke to the nation and apologized on behalf of the government for decades of mistakes and abuse he said amounted to terrorist acts.

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

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

There were numerous reports that the government and its representatives committed arbitrary and unlawful killings. Security forces used excessive force against civilians.

A July 31 report from the independent nongovernmental organization (NGO) Human Rights Council (HRCO) that documented field investigations in 26 districts across seven zones in the Oromia and Somali Regions found that federal and regional security forces, as well as mobs of local youth, killed 733 citizens between January 2017 and January 2018.

On April 8, during the SOE, a military officer in Qobo town, East Haraghe Zone of Oromia Region, reportedly severely assaulted, shot, and killed 20-year-old Ayantu Mohammed, a mother of one who was three months’ pregnant, after abducting her from the street. According to a local media report, neighbors found Ayantu’s body dumped in their neighborhood the following day. Local police reported they disarmed and arrested the suspected military officer.

On August 4, violence reportedly involving regional security forces left at least 30 citizens dead in Jijiga, capital of the Somali Region, and nearby towns. In cascading violence shortly thereafter, communal violence in Dire Dawa left 14 individuals dead, including a woman and her four children, according to an August 7 press release by HRCO. On August 12, a heavily armed group of Somali Region’s special police force, sometimes referred to as the Liyu, attacked residents in Mayu Muluke District in East Hararghe Zone, Oromia, killing 40 persons and injuring 40. Oromia Region’s government spokesperson told local media that the attackers took orders from individuals opposing the federal government.

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

Very few domestic human rights groups operated due to significant government restrictions during the first half of the year. The resource-challenged HRCO is the sole local, independent human rights group. It is a membership-based, nonpartisan, nongovernmental, and not-for-profit entity. With more than a hundred reports to date since its inception, HRCO remained the only nongovernmental human rights monitoring and reporting group. Its reports during the year documented ethnically motivated attacks, clashes, and displacement. The government was generally distrustful and wary of domestic and international human rights groups and observers, but that attitude and distrust appeared to be changing. State-controlled media were critical of international human rights groups such as Human Rights Watch. On August 16, four local charities and rights organizations launched a new rights group, Consortium of Ethiopian Rights Organizations, which focuses on advocacy for human rights groups and broader space for rights-advocacy groups to operate.

The CSO law prohibits NGOs that receive more than 10 percent of their funding from foreign sources from engaging in a wide range of activities. Prohibited activities include those that advance human and democratic rights or promote equality of nations, nationalities, peoples, genders, and religions; the rights of children and persons with disabilities; conflict resolution or reconciliation; or the efficiency of justice and law enforcement services. The law severely curtails civil society’s ability to raise questions of good governance, human rights, corruption, and transparency. Either local NGOs must cease advocacy work (so that they may accept funding in excess of the 10 percent limit) or register in a different area of focus not subject to this restriction. There were a few NGOs with waivers of this provision of the CSO law.

The SOE and the accompanying regulations restricted the ability of NGOs to operate. The prohibitions relating to communication and acts that undermine tolerance and unity resulted in broad self-censorship of reports and public statements. The prohibition on unauthorized town hall meetings limited the organization of meetings, training sessions, and other gatherings. The obligation of all organizations to give information when asked by law enforcement officers raised multiple concerns regarding confidentiality of information.

The government denied most NGOs access to federal prisons, police stations, and other places of detention. The government did permit Justice For All – Prison Fellowship Ethiopia to visit prisoners; this organization had an exemption enabling it to raise unlimited funds from foreign sources and to engage in human rights advocacy. Some other NGOs played a positive role in improving prisoners’ chances for clemency.

Authorities limited access of human rights organizations, media, humanitarian agencies, and diplomatic missions in certain areas. The government continued to lack a clear policy on NGO access to sensitive areas and regions, leading regional government officials and military officials frequently to refer requests for NGO access to federal government authorities. Officials required journalists to register before entering sensitive regions and in some cases denied access. There were reports of regional police or local militias blocking NGO access to particular locations for a specific period, citing security risks.

Government Human Rights Bodies: The Office of the Ombudsman has the authority to investigate complaints of administrative mismanagement by executive branch offices and officials, including investigation into prison conditions. The office reported it opened investigations into 1,360 complaints from July 2017 to May. The institution determined executive bodies committed poor administrative practices in 714 of the cases. The most serious malpractices related to illegal distribution of basic food items and consumer goods that the government subsidized in Addis Ababa, SNNPR, Amhara, Oromia, and Gambella Regions. The institution also reported mismanagement in the areas of housing and construction as well as land management and compensation.

The institution presented its findings with recommendations to relevant authorities and followed up on those recommendations. While the majority of the agencies followed the recommendations and took corrective measures, 38 offices were reluctant to do so.

The EHRC conducted research on the human rights situation and investigated human rights violations in the Somali and Oromia conflicts, as well as the conflict between west Guji Zone in Oromia and Gedeo Zone in SNNPR. The commission did not publicize the findings of these reports. The EHRC reported to local media that a group of youths and regional security forces attacked its branch office in Jijiga, Somali Region, during the wide-ranging violence the region saw on August 4. EHRC staff suffered direct attacks and their local office was burned. Officials said they believed the attackers were trying to destroy evidence of the commission’s investigation into human rights abuses in the area.

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

While the government’s political transformation contributed to a reduction in the number of deaths from engagement with government forces, violence between communities and among citizens began to rise. In mid-June several days of communal violence in Hawassa, capital of SNNPR, and Wolaita, SNNPR, left 15 persons dead, according to official accounts. Violence between the nearby communities of Gedeo-Guji displaced approximately one million persons and exceeded the ability of law enforcement to maintain peace.

Women

Rape and Domestic Violence: The law criminalizes rape and conviction provides for a penalty of five to 20 years’ imprisonment, depending on the severity of the case. The law does not expressly address spousal rape. The government did not fully enforce the law. Article 564 of the criminal code generally covers violence against a marriage partner or a person cohabiting in an irregular union without specifically mentioning spousal rape. Some judges interpret this article to cover spousal rape cases, but others overlook such cases.

Domestic violence is illegal, but government enforcement of laws was inconsistent. Domestic violence, including spousal abuse, was a pervasive social problem. According to the 2016 Demographic and Health Survey (DHS), 34 percent of ever-married women and girls between ages 15 and 49 had experienced spousal physical, sexual, or emotional violence. Depending on the severity of injury inflicted, penalties for conviction range from small fines to 15 years’ imprisonment.

Female Genital Mutilation/Cutting (FGM/C): The 2016 DHS indicated that 65 percent of girls and women ages 15-49 were circumcised. The prevalence of female circumcision was highest in the Somali Region (99 percent) and lowest in the Tigray Region (23 percent). FGM/C is illegal, with punishment including imprisonment and a fine, depending on the crime. The government did not actively enforce this prohibition. It was less common in urban areas. The penal code criminalizes the practice of clitoridectomy and provides for three months’ imprisonment or a fine of at least 500 birr ($18) for perpetrators. Infibulation of the genitals (the most extreme and dangerous form of FGM/C) is punishable by five to 10 years’ imprisonment. According to government sources, there had never been a criminal charge regarding FGM/C, but media reported limited application of the law.

For more information, see Appendix C.

Other Harmful Traditional Practices: Marriage by abduction is illegal, although it continued in some regions despite the government’s attempts to combat the practice. Forced sexual relationships accompanied most marriages by abduction, and women often experienced physical abuse during the abduction. Abductions led to conflicts among families, communities, and ethnic groups. In cases of abduction, the perpetrator did not face punishment if the victim agreed to marry the perpetrator.

Sexual Harassment: Sexual harassment was widespread. The penal code prescribes penalties for conviction of 18 to 24 months’ imprisonment, but authorities generally did not enforce the law.

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

Discrimination: Discrimination against women was widespread. It was most acute in rural areas, where an estimated 80 percent of the population lived. The law contains discriminatory regulations, such as the recognition of the husband as the legal head of the family and the sole guardian of children older than five. Courts generally did not consider domestic violence by itself a justification for granting a divorce. Irrespective of the number of years married, the number of children raised, and joint property, the law entitles women to only three months’ financial support if her relationship ends. There was limited legal recognition of common-law marriage. A common-law husband had no obligation to provide financial assistance to his family, and consequently women and children sometimes faced abandonment. Traditional courts continued to apply customary law in economic and social relationships.

All federal and regional land laws empower women to access government land. Inheritance laws also enable widows to inherit joint property acquired during marriage; however, enforcement of both legal provisions was uneven.

Women’s access to gainful employment, credit, and the opportunity to own or manage a business was limited by their lower levels of educational attainment and by traditional attitudes. There were a number of initiatives aimed at increasing women’s access to these critical economic empowerment tools.

Children

Birth Registration: A child’s citizenship derives from its parents. The law requires registration for children at birth. Children born in hospitals were registered; most of those born outside of hospitals were not. The overwhelming majority of children, particularly in rural areas, were born at home. During the year the government continued a campaign initiated in 2017 to increase birth registrations by advising that failure to register would result in denial of public services.

Education: The law does not make education compulsory. Primary education is universal and tuition-free; however, there were not enough schools to accommodate the country’s youth, particularly in rural areas. The cost of school supplies was prohibitive for many families. The most recent data showed the net primary school enrollment rate was 90 percent for boys and 84 percent for girls.

Child Abuse: Child abuse was widespread. Uvula cutting, tonsil scraping, and milk tooth extraction were among the most prevalent harmful traditional practices. The African Report on Child Wellbeing 2013, published by the African Child Policy Forum, found the government had increased punishment for sexual violence against children. “Child-friendly” benches heard cases involving violence against children and women. There was a commissioner for women and children’s affairs in the EHRC and Ombudsman’s Office.

Early and Forced Marriage: The law sets the legal age of marriage for girls and boys at 18; however, authorities did not enforce this law uniformly, and rural families sometimes were unaware of this provision. The government strategy to address underage marriage focused on education and mediation rather than punishment of offenders. For additional information, see Appendix C.

Sexual Exploitation of Children: The minimum legal age for consensual sex is 18, but authorities did not enforce this law. The law provides for three to 15 years’ imprisonment for conviction of sexual intercourse with a minor. The law provides for one year in prison and a fine of 10,000 birr ($357) for conviction of trafficking in indecent material displaying sexual intercourse by minors. Traffickers recruited girls as young as age 11 to work in brothels. Young girls were trafficked from rural to urban areas and exploited as prostitutes in hotels, bars, resort towns, and rural truck stops.

Infanticide or Infanticide of Children with Disabilities: Ritual and superstition-based infanticide, including of infants with disabilities, continued in remote tribal areas, particularly in South Omo. Local governments worked to educate communities against the practice.

Displaced Children: According to a 2010 report of the Ministry of Labor and Social Affairs, approximately 150,000 children lived on the streets; 60,000 of them were in the capital. The ministry’s report stated the inability of families to support children due to parental illness or insufficient household income exacerbated the problem. Research in 2014 by the ministry noted rapid urbanization, illegal employment brokers, high expectations of better life in cities, and rural-urban migration were adding to the problem. These children often begged, sometimes as part of a gang, or worked in the informal sector.

Institutionalized Children: There were an estimated 4.5 million orphans in the country in 2012, 4.9 percent of the population, according to statistics published by UNICEF. The vast majority lived with extended family members. Governmental and privately operated orphanages were overcrowded, and conditions often unsanitary. Institutionalized children did not receive adequate health care.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. On January 9, the parliament passed legislation banning intercountry adoptions, as part of a broader amendment of the family law. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

The Jewish community numbered approximately 2,000 persons. There were no reports of anti-Semitic acts, and the Addis Ababa Jewish community reported it felt protected by the government to practice its faith but did face limited societal discrimination.

Trafficking in Persons

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

Persons with Disabilities

The constitution does not mandate equal rights for persons with disabilities. The law prohibits discrimination against persons with physical and mental disabilities in employment and mandates access to buildings but does not explicitly mention intellectual or sensory disabilities. It is illegal for deaf persons to drive.

The law prohibits employment discrimination based on disability. It also makes employers responsible for providing appropriate working or training conditions and materials to persons with disabilities. The law specifically recognizes the additional burden on women with disabilities. The government took limited measures to enforce these laws, for example, by assigning interpreters for deaf and hard-of-hearing civil service employees. The Ministry of Labor and Social Affairs and the Public Servants Administration Commission were responsible for the implementation of employment laws for individuals with disabilities.

The law mandates building accessibility and accessible toilet facilities for persons with physical disabilities, although without specific regulations that define accessibility standards. Buildings and toilet facilities were usually not disability accessible. Property owners are required to give persons with disabilities preference for ground-floor apartments, and they generally did so.

According to a report from the UN Population Fund and the Population Council, one in every three girls with disabilities suffered at least one sexual assault. They also faced systematic and violent abuse at home and in their communities. The report stated many were blamed for being different and feared because they were seen to be under the spell of witchcraft.

Women with disabilities faced more disadvantages in education and employment. According to the 2010 Population Council Young Adult Survey, 23 percent of girls with disabilities were in school, compared with 48 percent of girls and 55 percent of boys without disabilities. Girls with disabilities also were much more likely to experience physical and sexual abuse than were girls without disabilities.

Nationally there were several schools for persons with hearing and vision disabilities and several training centers for children and young persons with intellectual disabilities. There was a network of prosthetic and orthopedic centers in five of the nine regional states.

The Labor Ministry worked on disability-related problems. The CSO law hindered several domestic NGOs active in supporting persons with disabilities, particularly those focused on accessibility and vocational training.

The law does not restrict the right of persons with disabilities to vote and otherwise participate in civic affairs, although continued accessibility problems could make participation difficult. Most polling stations were accessible to persons with disabilities, and these individuals as well as the elderly, pregnant women, and nursing mothers received priority.

National/Racial/Ethnic Minorities

The country has more than 80 ethnic groups, of which the Oromo, at approximately 34 percent of the population, is the largest. The federal system drew boundaries approximately along major ethnic group lines during the early years of EPRDF rule and the drafting of the current constitution. Most political parties remained primarily ethnically based, although the ruling party and one of the largest opposition parties were coalitions of several ethnically based parties.

On September 15 and 16, youth purported to be Oromo attacked citizens in Burayu, Keta, and Ashewa Meda (Oromia towns just west of Addis Ababa), killing 27 residents mostly belonging to the Gamo and related ethnic groups that originated in SNNPR Region. Police detained hundreds of suspects for involvement in the attacks. On September 17, residents of Addis Ababa and Arba Minch, in SNNPR Region, staged large protests condemning the ethnic attacks. The protests in parts of Addis Ababa turned violent and led to loss of lives at the hands of security forces. Security forces killed seven protesters, claiming they attempted to seize firearms. Police arrested 170 individuals in Addis Ababa for suspected involvement in the violence and an additional 1,200 for allegedly attempting to escalate the violence.

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

Consensual same-sex sexual activity is illegal and is punishable by three to 15 years’ imprisonment. No law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals. There were reports of violence against LGBTI individuals; however, reporting was limited due to fear of retribution, discrimination, or stigmatization. There are no hate crime laws or other criminal justice mechanisms to aid in the investigation of abuses against LGBTI individuals. Individuals generally did not identify themselves as LGBTI persons due to severe societal stigma and the illegality of consensual same-sex sexual activity. Activists in the LGBTI community reported surveillance and feared for their safety. There were no reports of persons incarcerated or prosecuted for engaging in same-sex sexual activities.

The AIDS Resource Center in Addis Ababa reported the majority of self-identified gay and lesbian callers, most of whom were men, requested assistance in changing their behavior to avoid discrimination. Many gay men reported anxiety, confusion, identity crises, depression, self-ostracism, religious conflict, and suicide attempts.

HIV and AIDS Social Stigma

Societal stigma and discrimination against persons with or affected by HIV/AIDS continued in education, employment, and community integration. Persons with or affected by HIV/AIDS reported difficulty accessing various services. There were no statistics on the scale of the problem.

Other Societal Violence or Discrimination

Intercommunal conflict in parts of Oromia and SNNP resulted in the displacement of nearly a million people in SNNP’s Gedeo Zone and Oromia’s West Guji Zone since April, with the majority of displacements occurring in June, according to the IOM Displacement Tracking Matrix.

India

Executive Summary

India is a multiparty, federal, parliamentary democracy with a bicameral legislature. The president, elected by an electoral college composed of the state assemblies and parliament, is the head of state, and the prime minister is the head of government. Under the constitution the 29 states and seven union territories have a high degree of autonomy and have primary responsibility for law and order. Voters elected President Ram Nath Kovind in 2017 to a five-year term, and Narendra Modi became prime minister following the victory of the National Democratic Alliance coalition led by the Bharatiya Janata Party (BJP) in the 2014 general elections. Observers considered these elections, which included more than 551 million participants, free and fair despite isolated instances of violence.

Civilian authorities maintained effective control over the security forces.

Human rights issues included reports of arbitrary killings; forced disappearance; torture; rape in police custody; arbitrary arrest and detention; harsh and life-threatening prison conditions; and reports of political prisoners in certain states. Instances of censorship, the use of libel laws to prosecute social media speech, and site blocking continued. The government imposed restrictions on foreign funding of some nongovernmental organizations (NGOs), including those with views the government stated were not in the “national interest,” thereby curtailing the work of these NGOs. Widespread corruption; lack of criminal investigations or accountability for cases related to rape, domestic violence, dowry-related deaths, honor killings remained major issues. Violence and discrimination based on religious affiliation, sexual orientation, gender identity, and caste or tribe, including indigenous persons, also occurred.

A lack of accountability for misconduct persisted at all levels of government, contributing to widespread impunity. Investigations and prosecutions of individual cases took place, but lax enforcement, a shortage of trained police officers, and an overburdened and under-resourced court system contributed to a small number of convictions.

Separatist insurgents and terrorists in the state of Jammu and Kashmir, the northeast, and Maoist-affected areas committed serious abuses, including killings and torture of armed forces personnel, police, government officials, and of civilians, and recruited and used child soldiers.

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 and its agents committed arbitrary or unlawful killings, including extrajudicial killings of suspected criminals and insurgents.

According to Ministry of Home Affairs 2017-18 data, the Investigation Division of the National Human Rights Commission (NHRC) reported 59 nationwide “encounter deaths,” a term used to describe any encounter between the security or police forces and alleged criminals or insurgents that resulted in a death. This number was less than the prior reporting period. The South Asian Terrorism Portal, run by the nonprofit Institute for Conflict Management, reported the deaths of 152 civilians, 142 security force members, and 377 terrorists or insurgents throughout the country as of September 23.

Reports of custodial death cases, in which prisoners or detainees were killed or died in police custody, continued. On March 14, Minister of State for Home Affairs Hansraj Gangaram Ahir told the upper house of parliament the NHRC registered 1,674 cases of custodial deaths between April 2017 and February. Approximately 1,530 were deaths in judicial custody, while 144 deaths occurred under police custody. According to the Asian Center for Human Rights’ Torture Update India report released on June 26, more than five custodial deaths per day occurred on average between April 2017 and February 28. This was an increase from 2001 to 2010, when an average of about four custodial deaths were recorded.

On July 22, authorities suspended a senior police officer in Rajasthan after cattle trader Rakbar Khan died in police custody. Villagers reportedly assaulted Khan on suspicion of cow smuggling before authorities picked him up. Police took four hours to transport Khan to a local hospital 2.5 miles away, reportedly stopping for tea along the way, according to media sources. Doctors declared Khan dead upon arrival. State authorities arrested three individuals in connection with the assault and opened a judicial inquiry into the incident; however, authorities filed no criminal charges as of August 20.

Killings by government and nongovernment forces, including organized insurgents and terrorists, were reported in the state of Jammu and Kashmir, northeastern states, and Maoist-affected areas of the country (see section 1.g.). In the state of Jammu and Kashmir, the Institute for Conflict Management recorded 213 fatalities from terrorist violence through June, compared with 317 for all of 2017.

On June 14, Rising Kashmir editor in chief Shujaat Bukhari and two police bodyguards were shot and killed by unidentified gunmen in Srinagar as they departed the office. A police investigation alleged militants targeted Bukhari in retaliation for his support of a government-backed peace effort.

On June 25, a judicial commission investigative report presented to the Madhya Pradesh state assembly justified the use of force in the killings of eight suspected members of the outlawed Students’ Islamic Movement of India after they escaped from a high-security prison in 2016. Police and prison authorities shot and killed the individuals after they allegedly killed a guard and escaped from Bhopal’s high-security prison.

As of August the Central Bureau of Investigation (CBI) filed charges against 20 Manipur Police personnel in response to a 2017 directive by the Supreme Court that the CBI should examine 87 of 1,528 alleged killings by police, army, and paramilitary forces between 1979 and 2012 in Manipur.

Under the Armed Forces Special Powers Act (AFSPA), a central government designation of a state or union territory as a “disturbed area” authorizes security forces in the state to use deadly force to “maintain law and order” and arrest any person “against whom reasonable suspicion exists” without informing the detainee of the grounds for arrest. The law also provides security forces immunity from civilian prosecution for acts committed in regions under the AFSPA, although in 2016 the Supreme Court concluded that every death caused by the armed forces in a disturbed area, whether of a common person or a terrorist, should be thoroughly investigated, adding that the law must be equally applied.

The AFSPA remained in effect in Nagaland, Manipur, Assam, and parts of Mizoram, and a version of the law was in effect in the state of Jammu and Kashmir. There was considerable public support for repeal of the AFSPA, particularly in areas that experienced a significant decrease in insurgent attacks. Human rights organizations also continued to call for the repeal of the law, citing numerous alleged human rights violations.

In July the UN special rapporteur on extrajudicial, summary, or arbitrary executions, and the special rapporteur on the situation of human rights defenders urged authorities to complete investigations into the alleged encounter killings after CBI officials failed to meet a third deadline on July 2 set by the Supreme Court for inquiries into the cases. The experts stated the government has an obligation to ensure prompt, effective, and thorough investigations into all allegations of potentially unlawful killings.

The NGO Commonwealth Human Rights Initiative noted in its 2016 report that, of 186 complaints of human rights violations reported against the armed forces in states under the AFSPA between 2012 and 2016, 49.5 percent were from the state of Jammu and Kashmir. The data supplied by the Ministry of Home Affairs under the Right to Information Act did not indicate, however, whether complaints were deemed to have merit.

The Office of the UN High Commissioner for Human Rights (OHCHR) published the Report on the Situation of Human Rights in Kashmir, documenting alleged violations committed by security forces from June 2016 to April 2018. The report estimated civilian deaths by security forces ranged from 130 to 145, and between 16 to 20 killings by armed groups. The government of Jammu and Kashmir reported 9,042 injured protesters and 51 persons killed between July 2016 and February 2017. The report called for the repeal of the AFSPA in all states and territories, and an international probe into the human rights situation in the Indian state.

Nongovernmental forces, including organized insurgents and terrorists, committed numerous killings and bombings in the state of Jammu and Kashmir, the northeastern states, and Maoist-affected areas (see section 1.g.). Maoists in Jharkhand and Bihar continued to attack security forces and key infrastructure facilities such as roads, railways, and communication towers.

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

Most domestic and international human rights groups generally operated without government restriction, investigating, and publishing their findings on human rights cases. In some circumstances, groups faced restrictions (see section 2.b, Freedom of Association). Reportedly more than three million NGOs in the country advocated for social justice, sustainable development, and human rights, but definitive numbers were not available. The government generally met with domestic NGOs, responded to their inquiries, and took action in response to their reports or recommendations. The NHRC worked cooperatively with numerous NGOs, and several NHRC committees had NGO representation. Some human rights monitors in the state of Jammu and Kashmir were able to document human rights violations, but periodically security forces, police, and other law enforcement authorities reportedly restrained or harassed them. Representatives of certain international human rights NGOs sometimes faced difficulties obtaining visas and reported that occasional official harassment and restrictions limited their public distribution of materials.

In July 2017 the Supreme Court rejected the relief plea of activists Teesta Setalvad, Javed Anand, and their colleagues from charges of corruption and misappropriation of funds. Additional charges were filed on May 30 for allegedly securing and misusing fraudulently 14 million rupees ($200,000) worth of government funds for educational purposes between 2010 and 2013. The activists claimed authorities filed the case in retaliation for their work on behalf of victims of the 2002 Gujarat riot. The case continued at year’s end.

The United Nations or Other International Bodies: The government continued to decline access by the United Nations to the state of Jammu and Kashmir, and limit access to the northeastern states, and Maoist-controlled areas. The June 14 OHCHR publication Report on the Human Rights Situation in Kashmir cited impunity for human rights violations and lack of access to justice as key human rights challenges in the state of Jammu and Kashmir. The government rejected OHCHR’s report as “false, prejudicial, politically motivated, and [seeking] to undermine the sovereignty of India.”

Government Human Rights Bodies: The NHRC is an independent and impartial investigatory and advisory body, established by the central government, with a dual mandate to investigate and remedy instances of human rights violations and to promote public awareness of human rights. It is directly accountable to parliament but works in close coordination with the Ministry of Home Affairs and the Ministry of Law and Justice. It has a mandate to address official violations of human rights or negligence in the prevention of violations, intervene in judicial proceedings involving allegations of human rights violations, and review any factors (including acts of terrorism) that infringe on human rights. The law authorizes the NHRC to issue summonses and compel testimony, produce documentation, and requisition public records. The NHRC also recommends appropriate remedies for abuses in the form of compensation to the victims of government killings or their families.

The NHRC has neither the authority to enforce the implementation of its recommendations nor the power to address allegations against military and paramilitary personnel. Human rights groups claimed these limitations hampered the work of the NHRC. Some human rights NGOs criticized the NHRC’s budgetary dependence on the government and its policy of not investigating abuses more than one year old. Some claimed the NHRC did not register all complaints, dismissed cases arbitrarily, did not investigate cases thoroughly, rerouted complaints back to the alleged violator, and did not adequately protect complainants.

Twenty-four of 29 states have human rights commissions, which operated independently under the auspices of the NHRC. In six states the position of chairperson remained vacant. Some human rights groups alleged local politics influenced state committees, which were less likely to offer fair judgments than the NHRC. In the course of its nationwide evaluation of state human rights committees, the Human Rights Law Network (HRLN) observed most state committees had few or no minority, civil society, or female representatives. The HRLN claimed the committees were ineffective and at times hostile toward victims, hampered by political appointments, understaffed, and underfunded.

The Jammu and Kashmir commission does not have the authority to investigate alleged human rights violations committed by members of paramilitary security forces. The NHRC has jurisdiction over all human rights violations, except in certain cases involving the army. The NHRC has authority to investigate cases of human rights violations committed by Ministry of Home Affairs paramilitary forces operating under the Armed Forces Special Powers Act (AFSPA) in the northeast states and in the state of Jammu and Kashmir. According to the OHCHR Report on the Human Rights Situation in Kashmir, there has been no prosecution of armed forces personnel in the nearly 28 years that the AFSPA has been in force in the state of Jammu and Kashmir.

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

Women

Rape and Domestic Violence: The law criminalizes rape in most cases, although marital rape is not illegal when the woman is older than age 15. Official statistics pointed to rape as the country’s fastest-growing crime, prompted at least in part by the increasing willingness of victims to report rapes, although observers believed the number of rapes still remained vastly underreported.

Law enforcement and legal recourse for rape victims were inadequate, and the judicial system was overtaxed and unable to address the problem effectively. Police sometimes worked to reconcile rape victims and their attackers, in some cases encouraging female rape victims to marry their attackers. The NGO International Center for Research on Women noted that low conviction rates in rape cases was one of the main reasons sexual violence continued unabated. The NGO Lawyers Collective noted the length of trials, lack of victim support, and inadequate protection of witnesses and victims remained major concerns. Doctors continued to carry out an invasive “two-finger test” to speculate on sexual history, despite the Supreme Court’s ruling that the test violated a victim’s right to privacy. In 2015 the government introduced new guidelines for health professionals’ medical examinations of victims of sexual violence. It included provisions regarding consent of the victim during various stages of examination, which some NGOs claimed was an improvement. According to media reports, only nine state governments adopted the guidelines. A November 2017 HRW report, Everyone Blames Me, found that medical professionals, even in states that adopted the guidelines, did not always follow them.

On August 6, parliament passed the Criminal Law (Amendment) Bill to increase the minimum mandatory punishments for rape from seven years’ to 10 years’ imprisonment. The minimum sentence for the rape of a girl younger than age 16 increased from 10 years to between 20 years and life imprisonment; the minimum sentence of gang rape of a girl younger than age 12 was punishable by either life imprisonment or the death penalty.

Incidents of gang rape of minors remained prevalent. On January 10, an eight-year-old Muslim girl in the state of Jammu and Kashmir’s Kathua district was allegedly kidnapped, drugged, and gang-raped over several days. The ensuing investigation resulted in the arrest of eight individuals, including four police personnel. On May 7, the Supreme Court ordered the trial moved to Punjab’s Pathankot district following protests in Jammu and Kashmir demanding the officers’ release. The case continued at year’s end.

Women in conflict areas, such as in the state of Jammu and Kashmir, the northeast, Jharkhand, and Chhattisgarh, as well as vulnerable Dalit or tribal women, were often victims of rape or threats of rape. National crime statistics indicated Dalit women were disproportionately victimized compared with other caste affiliations. Activists in Manipur complained that the armed forces, instead of resorting to extrajudicial killings, were tacitly encouraging rape and sexual violence by criminal gangs as part of their counterinsurgency strategy.

Domestic violence continued to be a problem. The NCRB estimated the conviction rate for crimes against women was 18.9 percent. Acid attacks against women continued to cause death and permanent disfigurement. In February the Delhi government announced it would cover 100 percent medical expenses for victims of acid attacks in all private hospitals within the National Capital Territory of Delhi. In May the Supreme Court approved assistance for victims of acid attacks under the Compensation Scheme for Women Victims, Survivors of Sexual Assault, and Other Crimes 2018. The scheme outlined a maximum assistance of 800,000 rupees ($11,500) for injuries from acid attacks.

The government made efforts to address the safety of women. In August the minister of state for women and child development told the lower house of parliament the government allocated 2,919 crore rupees ($410 million) toward enhancing women’s safety in eight cities, including New Delhi, Mumbai, and Chennai. Projects included increased surveillance technology, capacity building, and awareness campaigns. The MWCD also approved five additional one-stop crisis centers for women in distress, increasing the number of such centers to 200. These centers provide medical, legal, counseling, and shelter services for women facing violence. On September 20, the government launched an online National Database on Sexual Offenders. The registry included accused and convicted sexual offenders. Only police and legal authorities had access to data.

Female Genital Mutilation/Cutting (FGM/C): No national law addresses the practice of FGM/C. According to human rights groups and media reports, between 70 and 90 percent of Dawoodi Bohras, a population of approximately one million concentrated in the states of Maharashtra, Gujarat, Rajasthan, and Delhi, practiced FGM/C.

On July 30, the Supreme Court observed a public interest litigation hearing seeking to ban the practice of FGM/C. The government, represented by Attorney General K. K. Venugopal, told the court that it supports the petitioners’ plea that the practice be punishable under the provisions of the Indian Penal Code and the Protection of Children from Sexual Offenses Act. Days after a September 14 meeting between the prime minister and the spiritual head of the Dawoodi Bohra community, who supports the practice of FGM/C, the government reportedly reversed its position, and the attorney general stated the matter should be referred to a five-member panel of the Supreme Court to decide on the issue of religious rights and freedom.

Other Harmful Traditional Practices: The law forbids the acceptance of marriage dowry, but many families continued to offer and accept dowries, and dowry disputes remained a serious problem. NCRB data showed authorities arrested 20,545 persons for dowry deaths in 2016. Most states employed dowry prohibition officers. A 2010 Supreme Court ruling makes it mandatory for all trial courts to charge defendants in dowry-death cases with murder.

“Sumangali schemes” affected an estimated 120,000 young women. These plans, named after the Tamil word for “happily married woman,” are a form of bonded labor in which young women or girls work to earn money for a dowry to be able to marry. The promised lump-sum compensation is normally withheld until the end of three to five years of employment and sometimes goes partially or entirely unpaid. While in bonded labor, employers reportedly subjected women to serious workplace abuses including severe restrictions on freedom of movement and communication, sexual abuse, sexual exploitation, and sex trafficking.

So-called “honor killings” remained a problem, especially in Punjab, Uttar Pradesh, and Haryana, and were usually attributable to the victim’s marrying against his or her family’s wishes. On March 27, the Supreme Court ordered state governments to identify districts, subdivisions, and villages that witnessed incidents of honor killings to take remedial, preventive, and punitive measures to stop these crimes. In addition the Supreme Court ruled that state governments must create special cells in all districts for people to report harassment and threats to couples of intercaste marriage.

There were reports women and girls in the “devadasi” system of symbolic marriages to Hindu deities were victims of rape or sexual abuse at the hands of priests and temple patrons in what amounted to a form of sex trafficking. NGOs suggested families exploited some girls from lower castes into prostitution in temples to mitigate household financial burdens and the prospect of marriage dowries. Some states have laws to curb sex trafficking and sexual abuse of women and girls in temple service. Enforcement of these laws remained lax, and the problem was widespread. Some observers estimated more than 450,000 women and girls were exploited in temple-related prostitution.

No federal law addresses accusations of witchcraft; however, authorities may use other legal provisions as an alternative for a victim accused of witchcraft. Most reports stated villagers and local councils usually banned those accused of witchcraft from the village. Bihar, Odisha, Chhattisgarh, Rajasthan, Assam, and Jharkhand have laws criminalizing those who accuse others of witchcraft.

Sexual Harassment: Sexual harassment remained a serious problem. Authorities required all state departments and institutions with more than 50 employees to operate committees to prevent and address sexual harassment, often referred to as “eve teasing.” By law sexual harassment includes one or more unwelcome acts or behavior such as physical contact, a request for sexual favors, making sexually suggestive remarks, or showing pornography. Employers who fail to establish complaint committees face fines of up to 50,000 rupees ($705).

On April 12, the NHRC issued notices to the government of Telangana and the Ministry of Information and Broadcasting over media reports of sexual exploitation of women in the Telugu film industry. The commission noted the issues raised by an actress required the Telangana government to constitute a committee to redress the grievances of female employees relating to sexual harassment in the film industry in accordance with the provisions of Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013.

Coercion in Population Control: There were reports of coerced and involuntary sterilization. The government has promoted female sterilization as a form of family planning for decades and, as a result, it made up 86 percent of contraceptive use in the country. Some women, especially poor and lower-caste women, reportedly were pressured by their husbands and families to have tubal ligations or hysterectomies. The government provided monetary compensation for the wage loss, transportation costs, drugs and dressing, and follow-up visits to women accepting contraceptive methods including voluntary sterilization. There were no formal restrictions on access to other forms of family planning; however, despite recent efforts to expand the range of contraceptive choices, voluntary sterilization remained the preferred method due to the costs and limited availability of alternative contraceptive choices.

Policies penalizing families with more than two children remained in place in seven states, but some authorities did not enforce them. There are reports that these policies created pressure on women with more than two children to use contraception, including permanent methods such as sterilization, or even termination of subsequent pregnancies. Certain states maintained government reservations for government jobs and subsidies for adults with no more than two children and reduced subsidies and access to health care for those who have more than two. On October 25, in response to a petition filed by an Odisha resident who was not allowed to contest Panchayat (local self-governing body) elections as he had three children, the Supreme Court upheld provisions of the Panchayati Raj Act, which disallows candidates with more than two children from standing for election for posts in local government. The court stated the birth of a third child would automatically disqualify an individual from contesting. According to the NGO Lawyers Collective, such policies often induced families to carry out sex-selection for the second birth to assure they have at least one son, without sacrificing future eligibility for political office.

To counter sex selection, almost all states introduced “girl child promotion” schemes, some of which required a certificate of sterilization for the parents to collect benefits.

Discrimination: The law prohibits discrimination in the workplace and requires equal pay for equal work, but employers reportedly often paid women less than men for the same job, discriminated against women in employment and credit applications, and promoted women less frequently than men.

Many tribal land systems, including in Bihar, deny tribal women the right to own land. Other laws or customs relating to the ownership of assets and land accord women little control over land use, retention, or sale.

Gender-biased Sex Selection: According to the latest census (2011), the national average male-female sex ratio at birth was 1,000 to 943. According to the National Institution for Transforming India, the national sex ratio at birth between 2013 and 2015 was 900 females per 1,000 males. The law prohibits prenatal sex selection, but authorities rarely enforced it. In March the government announced the expansion of the Beti Bachao Beti Padhao (Save the Daughter, Educate the Daughter) project in all 640 districts across the country. The government launched the program in 2015 to prevent gender-biased sex selection, promote female education, and ensure the survival and protection of girls. Government data revealed sex ratio at birth showed improving trends in 104 out of 161 districts between 2015 and 2017. The program spent 25.40 crore rupees ($3.5 million) until July 20.

Children

Birth Registration: The law establishes state government procedures for birth registration. UNICEF estimated authorities registered 58 percent of national births each year. Children lacking citizenship or registration may not be able to access public services, enroll in school, or obtain identification documents later in life.

Education: The constitution provides for free education for all children from ages six to 14, but the government did not always comply with this requirement. The World Economic Forum’s 2017 Gender Gap Report revealed that enrollment rates, for both male and female students, dropped by nearly 30 percent between primary and secondary school. Additionally, the report found that, while girls had a slight lead in primary and secondary education enrollment rates, boys had greater educational attainment at all levels. The NGO Pratham’s 2017 Annual Status of Education Report noted in January that the enrollment gap between males and females in the formal education system increased with age. While there was hardly any difference between boys’ and girls’ enrollment at age 14, 32 percent of females were not enrolled at age 18 as compared with 28 percent of males.

According to UNICEF more than 60 percent of secondary-school age children with disabilities did not attend school.

Child Abuse: The law prohibits child abuse, but it does not recognize physical abuse by caregivers, neglect, or psychological abuse as punishable offenses. Although banned, teachers often used corporal punishment. The government often failed to educate the public adequately against child abuse or to enforce the law.

In 2017 humanitarian aid organization World Vision India conducted a survey of 45,844 children between the ages of 12 and 18 across 26 states and found that one in every two children was a victim of sexual abuse. The NGO Counsel to Secure Justice reported nearly 30 percent of child sexual abuse cases involved incest and that 99 percent of overall child sexual abuse cases were not reported.

NGOs reported abuse in some shelter homes resulted from a systematic lack of oversight, since many NGOs selected to run these spaces were nominated without any background checks. On April 26, the Tata Institute of Social Sciences submitted a report based on interviews conducted in October 2017 stating that girls at a state-run women’s shelter in Muzaffarpur, Bihar, were subjected to sexual assault by the home’s authorities. A police complaint was filed on May 31 against the NGO owned by Brajesh Thakur that ran the home, and Thakur was arrested on June 3. A raid on the home on July 24 and medical tests of its occupants established that 34 of the 44 residents, ranging between ages six and 18, were tortured and sexually abused. The police subsequently arrested 10 men and women who operated the home.

In other cases, shelter owners’ political connections enabled them to continue sexual abuse and exploitation of adult and child residents. In addition in some cases government officials demonstrated continued inaction to address longstanding complaints of mistreatment.

The government sponsored a toll-free 24-hour helpline for children in distress.

Early and Forced Marriage: The law sets the legal age of marriage for women at 18 and men at 21, and it empowers courts to annul early and forced marriages. The law does not characterize a marriage between a girl younger than age 18 and a boy younger than age 21 as “illegal,” but it recognizes such unions as voidable. The law also sets penalties for persons who perform, arrange, or participate in child marriages. Authorities did not consistently enforce the law nor address girls who were raped being forced into marriage.

According to international and local NGOs, procedural limitations effectively left married minors with no legal remedy in most situations. According to the Ministry of Home Affairs’ 2015-2016 National Family Health Survey, 27 percent of women between 20 and 24 married before the age of 18, and 2017 UNICEF data revealed 7 percent of the same group of women married before the age of 15.

The law establishes a full-time child-marriage prohibition officer in every state to prevent child marriage. These individuals have the power to intervene when a child marriage is taking place, document violations of the law, file charges against parents, remove children from dangerous situations, and deliver them to local child-protection authorities.

On July 26, a mahila court (a district court dealing with women’s issues) in Salem, Tamil Nadu, convicted three individuals, including the mother of the victim and the groom, for conducting the marriage of a minor girl in 2015. The court sentenced the mother and groom to 12 years’ imprisonment each.

Sexual Exploitation of Children: The law prohibits child pornography and sets the legal age of consent at 18. It is illegal to pay for sex with a minor, to induce a minor into prostitution or any form of “illicit sexual intercourse,” or to sell or buy a minor for the purposes of prostitution. Violators are subject to 10 years’ imprisonment and a fine.

Special Courts to try child sexual abuse cases existed in all six Delhi courts. Civil society groups observed, however, that large caseloads severely limited judges’ abilities to take on cases in a timely manner. In an April study on the status of pending trials in child sexual abuse cases, the Satyarthi Foundation estimated child survivors may need to wait up to 99 years in some states for trials of their cases based on the speed of current cases on the calendar, despite a regulation that all cases should be decided within one year. The Counsel to Secure Justice reported some courts did not use separate witness rooms for children to provide testimony and police officials sometimes pressured child survivors of incest to compromise with the perpetrator and not report the case. Lack of training in handling forensic evidence also had adverse implications on case handling.

On February 21, a local court in Visakhapatnam, Andhra Pradesh, delivered a verdict in a 17-year-old case of pedophilia and sentenced Australian national Paul Henry Dean, who was charged with sexually abusing children in Visakhapatnam and Puri, Odisha, to three years of imprisonment in addition to a fine of 32,000 rupees ($450). Child rights activists raised serious concerns over the duration of the court proceedings, the light sentence, and the accused’s obtaining bail the same day of the judgment.

Child Soldiers: No information was available on how many persons younger than age 18 were serving in the armed forces. NGOs estimated at least 2,500 children were associated with insurgent armed groups in Maoist-affected areas as well as child soldiers in insurgent groups in the state of Jammu and Kashmir. There were allegations government-supported, anti-Maoist village defense forces recruited children (see section 1.g., Child Soldiers).

Displaced Children: Displaced children, including refugees, IDPs, and street children, faced restrictions on access to government services (see also section 2.d.).

Institutionalized Children: Lax law enforcement and a lack of safeguards encouraged an atmosphere of impunity in a number of group homes and orphanages.

The Calcutta Research Group reported police sometimes separated families detained at the India-Bangladesh border in the state of West Bengal by institutionalizing children in juvenile justice homes with limited and restricted access to their families.

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/Ingernational-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

Jewish groups from the 4,650-member Jewish community cited no reports of anti-Semitic acts during the year.

The Gujarat government accorded the Jewish community minority status, making the community eligible for government entitlements for faith minorities.

Trafficking in Persons

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

Persons with Disabilities

The constitution does not explicitly mention disability. The law provides equal rights for persons with a variety of disabilities, and the Rights of Persons with Disabilities Act 2016 increased the number of recognized disabilities, including persons with Parkinson’s disease and victims of acid attacks. The law set a two-year deadline for the government to provide persons with disabilities with unrestricted free access to physical infrastructure and public transportation systems.

The law also reserves 3 percent of all educational places and 4 percent of government jobs for persons with disabilities. The government allocated funds to programs and NGOs to increase the number of jobs filled. In 2017 a government panel decided that private news networks must accompany public broadcasts with sign language interpretations and closed captions to accommodate persons with disabilities.

Despite these efforts, problems remained. Private-sector employment of persons with disabilities remained low, despite governmental incentives. In July the Delhi High Court issued a notice to the All India Institute of Medical Sciences after an acid attack survivor claimed the institution prohibited her from applying to a nursing position because of her disability.

Discrimination against persons with disabilities in employment, education, and access to health care was more pervasive in rural areas, and 45 percent of the country’s population of persons with disabilities were illiterate. There was limited accessibility to public buildings. A public interest litigation case was filed in the Supreme Court regarding accessibility to buildings and roads for persons with disabilities.

The Ministry of Health and Family Welfare estimated 25 percent of individuals with mental disabilities were homeless. Mainstream schools remained inadequately equipped with teachers trained in inclusive education, resource material, and appropriate curricula. Patients in some mental-health institutions faced food shortages, inadequate sanitary conditions, and lack of adequate medical care. HRW reported women and girls with disabilities occasionally were forced into mental hospitals against their will.

In April HRW released its Sexual Violence against Women and Girls with Disabilities in India report. According to the report, girls and women with disabilities who experienced sexual violence faced challenges reporting abuse to police, obtaining proper medical care, and navigating the court system. In August three hearing-and-speech-impaired girls reported sexual abuse in a private hostel in Bhopal. Madhya Pradesh police arrested the director of the private hostel and convened a special investigation team to probe into sexual abuse reports.

On March 22, the Tamil Nadu State Cooperative Societies Election Commission issued orders stating that nominations of persons with disabilities to elections of cooperative associations must not be rejected on the grounds of disability and that basic amenities for persons with disabilities must be put in place. The order came in the wake of protests by members of the Joint Action Committee of the Association for the Disabled against a state government official who allegedly ridiculed two visually impaired individuals and rejected their applications to contest elections for the post of director of a cooperative association.

National/Racial/Ethnic Minorities

The constitution prohibits caste discrimination. The registration of castes and tribes continued for the purpose of affirmative action programs, as the federal and state governments continued to implement programs for members of lower caste groups to provide better-quality housing, quotas in schools, government jobs, and access to subsidized foods. On September 21, data published in the UN’s 2018 Multidimensional Poverty Index showed a “positive trend” during the decade between 2005-06 and 2015-16 in the country, with Muslims, members of the Scheduled Tribes, and Dalits experiencing the greatest reduction in poverty. Discrimination based on caste, however, remained prevalent, particularly in rural areas. Critics claimed many of the programs to assist the lower castes suffered from poor implementation, corruption, or both.

The term “Dalit,” derived from Sanskrit for “oppressed” or “crushed,” refers to members of what society regarded as the lowest of the Scheduled Castes (SC). According to the 2011 census, SC members constituted 17 percent of the population (approximately 200 million persons).

Although the law protects Dalits, there were numerous reports of violence and significant discrimination in access to services such as health care, education, access to justice, freedom of movement, access to institutions such as temples, and marriage. Many Dalits were malnourished. Most bonded laborers were Dalits, and those who asserted their rights were often victims of attacks, especially in rural areas. As agricultural laborers for higher-caste landowners, Dalits reportedly often worked without monetary remuneration. Reports from the UN Committee on the Elimination of Racial Discrimination described systematic abuse of Dalits, including extrajudicial killings and sexual violence against Dalit women. Crimes committed against Dalits reportedly often went unpunished, either because authorities failed to prosecute perpetrators or because victims did not report crimes due to fear of retaliation.

On April 18, as many as 28 Dalit men from the Churu village in Rajasthan were subjected to clinical trials without their consent for Glenmark Pharmaceuticals. According to media reports, the men were transported to Jaipur’s Malpani Hospital with the promise of work at a medical camp but were locked in the hospital basement upon arrival and subjected to the trials.

On June 21, Madhya Pradesh police arrested four upper caste men for burning alive 55-year old Dalit farmer Kishorilal Jatav after he opposed their illegal tilling his land in a village in Bhopal district. The case continued at year’s end.

NGOs reported Dalit students were sometimes denied admission to certain schools because of their caste, required to present caste certification prior to admission, barred from morning prayers, asked to sit in the back of the class, or forced to clean school toilets while being denied access to the same facilities. There were also reports teachers refused to correct the homework of Dalit children, refused to provide midday meals to Dalit children, and asked Dalit children to sit separately from children of upper-caste families.

Manual scavenging–the removal of animal or human waste by Dalits–continued despite its legal prohibition. HRW reported that children of manual scavengers faced discrimination, humiliation, and segregation at village schools. Their occupation often exposed manual scavengers to infections that affected their skin, eyes, respiratory, and gastrointestinal systems. Health practitioners suggested children exposed to such bacteria were often unable to maintain a healthy body weight and suffered from stunted growth.

Indigenous People

The constitution provides for the social, economic, and political rights of disadvantaged groups of indigenous persons. The law provides special status for indigenous individuals, but authorities often denied them their rights.

In most of the northeastern states, where indigenous groups constituted the majority of the states’ populations, the law provides for tribal rights, although some local authorities disregarded these provisions. The law prohibits any nontribal person, including citizens from other states, from crossing a government-established inner boundary without a valid permit. No one may remove rubber, wax, ivory, or other forest products from protected areas without authorization. Tribal authorities must also approve the sale of land to nontribal persons.

In May the Gujarat High Court requested Sabarkantha district officials to explain why they imprisoned 10 tribal members for more than a week due to their objection to a private company buying land to build a solar plant. Following the high court’s notice, the individuals were released.

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

On September 6, the Supreme Court decriminalized same-sex relations in a unanimous verdict. Activists welcomed the verdict but stated it was too early to determine how the verdict would translate into social acceptance, including safe and equal opportunities at workspaces and educational institutions.

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced physical attacks, rape, and blackmail. LGBTI groups reported they faced widespread societal discrimination and violence, particularly in rural areas. Activists reported that transgender persons continued to face difficulty obtaining medical treatment. Some police committed crimes against LGBTI persons and used the threat of arrest to coerce victims not to report the incidents. With the aid of NGOs, several states offered education and sensitivity training to police.

HIV and AIDS Social Stigma

The number of new HIV cases decreased by 57 percent over the past decade. According to official government records, there were 191,493 newly diagnosed cases in 2017. The epidemic persisted among the most vulnerable/high-risk populations that include female sex workers, men who have sex with men, transgender persons, and persons who inject drugs. According to the National AIDS Control Organization’s HIV Sentinel Surveillance 2017 report, high prevalence states such as Andhra Pradesh and Karnataka saw declining HIV trends among all high-risk groups in 2017.

The National AIDS Control Program prioritized HIV prevention, care, and treatment interventions for high-risk groups and advocated for the rights of persons living with HIV. Antiretroviral drug stock outages in a few states led to treatment interruption. The National AIDS Control Organization worked actively with NGOs to train women’s HIV/AIDS self-help groups. Police engaged in programs to strengthen their role in protecting communities vulnerable to human rights violations and HIV.

In August in response to a Public Interest Litigation, the Delhi High Court issued a notice inquiring why the Ministry of Health had not implemented the HIV and AIDS (Prevention and Control) Bill that was passed in April 2017. The bill was designed to prevent discrimination in health care, employment, education, housing, economic participation, and political representation for those with HIV and AIDS. On September 10, the Health Ministry announced through an official gazette announcement the creation of rules to implement the act.

Other Societal Violence or Discrimination

Societal violence based on religion and caste and by religiously associated groups continued to be a serious concern. Muslims and lower-caste Dalit groups continued to be the most vulnerable. Ministry of Home Affairs 2016-17 data showed 703 incidents of communal (religious) violence occurred, in which 86 persons were killed and 2,321 injured.

Amnesty International recorded 98 hate crimes across the country between January and June. In July the Supreme Court condemned the rise of hate crimes, urging state governments to enact laws against mob violence. The Supreme Court recommended each state should establish a special task force to monitor hate speech and investigate vigilante groups.

Reports of mob lynching increased in the past year. As of July 27, 24 persons were killed due to mob lynchings, a two-fold increase over 2017. Many of the acts of mob violence arose after rumors circulated over social media that a child had been kidnapped or a cow killed. Jharkhand had the highest number of mob-related deaths at seven reported cases, Maharashtra was second with five deaths. On March 20, a Jharkhand court sentenced 11 persons to life in prison for beating to death Alimuddin Ansari, a Muslim, who was suspected of trading in beef. On May 30, the body of cattle trader Hussainabba was found near Udupi, Karnataka. According to the complaint registered by his family members, Hussainabba was assaulted by members of a Hindu right-wing group while transporting 13 cattle and subsequently died of his injuries.

Iran

Executive Summary

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

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

Civilian authorities maintained effective control over the security forces.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Children

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Anti-Semitism

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

Trafficking in Persons

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

Persons with Disabilities

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

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

National/Racial/Ethnic Minorities

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HIV and AIDS Social Stigma

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

Iraq

Executive Summary

Iraq is a constitutional parliamentary republic. The 2018 parliamentary elections, while imperfect, generally met international standards of free and fair elections and led to the peaceful transition of power from Prime Minister Haider al-Abadi to Adil Abd al-Mahdi.

Civilian authorities did not maintain effective control over some elements of the security forces, particularly certain units of the Popular Mobilization Forces (PMF) that were aligned with Iran.

Violence continued throughout the year, largely fueled by the actions of ISIS. The government declared victory over ISIS in December 2017 after drastically reducing the group’s ability to commit abuses and atrocities, but members of the group continued to carry out deadly attacks and kidnappings. The government’s reassertion of federal authority in disputed areas bordering the Iraqi Kurdistan Region (IKR), after the Kurdistan Region’s September 2017 independence referendum, resulted in reports of abuses and atrocities by the security forces, including those affiliated with the PMF.

Human rights issues included reports of unlawful or arbitrary killings by some members of the Iraq Security Forces (ISF), particularly Iran-aligned elements of the PMF; forced disappearances; torture; arbitrary detention; harsh and life-threatening prison and detention center conditions; arbitrary or unlawful interference with privacy; restrictions on free expression, the press, and the internet, including censorship, site blocking, and criminal libel; legal restrictions on freedom of movement of women; widespread official corruption; unlawful recruitment or use of child soldiers by Iran-aligned elements of the PMF that operate outside government control; trafficking in persons; criminalization of lesbian, gay, bisexual, transgender, and intersex (LGBTI) status or conduct; violence targeting LGBTI persons; threats of violence against internally displaced persons (IDPs) and returnee populations perceived to have been affiliated with ISIS; and restrictions on worker rights, including restrictions on formation of independent unions and reports of child labor.

The government, including the Office of the Prime Minister, investigated allegations of abuses and atrocities perpetrated by the ISF, but it rarely made the results of the investigations public or punished those responsible for human rights abuses. The Kurdistan Regional Government (KRG) High Committee to Evaluate and Respond to International Reports reviewed charges of Peshmerga abuses, largely against IDPs, and exculpated them in public reports and commentaries, but human rights organizations questioned the credibility of those investigations. Impunity effectively existed for government officials and security force personnel, including the ISF, Federal Police, PMF, Peshmerga, and KRG Asayish internal security services.

ISIS continued to commit serious abuses and atrocities, including killings through suicide bombings and improvised explosive devices (IEDs). The government continued investigating and prosecuting allegations of ISIS abuses and atrocities and, in some instances, publicly noted the conviction of suspected ISIS members under the 2005 counterterrorism law.

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

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

There were numerous reports that some government forces, including the PMF and Asayish, committed arbitrary or unlawful killings, as did ISIS and other terrorist groups (see section 1.g.). During the year the security situation remained unstable in some areas, due to: regular raids and attacks by ISIS and their affiliated cells, particularly in remote areas; sporadic fighting between the ISF and ISIS holdouts in remote areas; the presence of militias not fully under the control of the government, including certain PMF units, in many liberated areas; and sectarian, ethnic, and financially motivated violence. From January 1 to August 31, the UN Assistance Mission for Iraq (UNAMI) reported more than 700 civilians killed in the country.

Government security forces reportedly committed extrajudicial killings. The government rarely made public its identification and prosecution of specific perpetrators of abuses and atrocities. Human rights organizations reported that both Ministry of Interior and Ministry of Defense personnel tortured detainees to death. For example, Human Rights Watch (HRW) reported in August that at least three individuals died from torture in the Mosul police station and Faisaliya Prison in east Mosul. The August report details the experiences of “Mahmoud,” who reportedly was detained and tortured at Faisaliya Prison from January to May and who recounted the death of a cousin of another detainee named “Ammar.” “Mahmoud” reportedly heard screams as prison officers beat “Ammar’s” cousin unconscious on two consecutive nights. After the second night, “Mahmoud” recounted taking off the man’s clothes to care for him, finding he had two big bruises to his waist on either side, green bruises on his arms, and a long red burn down the length of his penis.

Security forces fired upon and beat demonstrators protesting unemployment and poor public services related to water and electricity in Basrah Governorate and elsewhere in southern Iraq between July and September. HRW reported that the security forces, largely from the Ministry of Interior, used excessive and unnecessary lethal force in controlling protests that at times turned violent. Nongovernmental organizations (NGOs) and media reported at least eight deaths related to the protests in July. On September 5, at least seven died in clashes with security forces during protests in Basrah. Some demonstrators also turned to violence and set fire to government buildings, the Iranian Consulate, and the offices of pro-Iran militias and political parties. Local and international human rights organizations accused ISF, including Asaib Ahl al-Haq (AAH) PMF units, of using excessive force, including live ammunition, against the protesters and called for the government to conduct an investigation into the deaths and violence during the protests.

In response to the protests, Prime Minister Abadi dismissed the head of Basrah’s military operations. As of October, the government had not reported any progress in investigating the killing of the protesters.

In 2017 the Office of the Prime Minister announced the establishment of a committee to investigate allegations of ISF abuse during the operation to retake Mosul from ISIS. It stated the government had arrested, and planned to prosecute, several ISF officers. HRW reported in April that the government disposed of evidence of a potential war crime committed against members of ISIS, removing an estimated 80 bodies from a damaged house in Mosul and burning the house. HRW added that at least one of the bodies appeared to have its legs bound, that there was no indication that the government was collecting evidence, and that government officials refused to tell its researchers where they were taking the bodies. As of October the government had not published specific information on judicial proceedings against any members of the security forces.

Human rights organizations reported that Iran-aligned PMF militia groups engaged in killing, kidnapping, and extortion throughout the country, particularly in ethnically and religiously mixed governorates. Media reported that in April members of the Peace Brigades PMF militia and Federal Police killed Brigadier General Shareef Ismaeel al-Murshidi, a brigade commander whose forces were tasked with protecting the prime minister and Baghdad’s Green Zone, as well as two of his guards at a PMF checkpoint in Samarra, Salah al-Din Governorate. Media reported in August that members of the Banu al-Khazraj tribe in Dujail, Salah al-Din Governorate, alleged that AAH kidnapped and killed three tribal sheikhs in August the week after clashes between the two groups.

Civil society activists said Iran-aligned militias, specifically AAH, were also responsible for several attacks against prominent women. Human rights organizations reported that militia groups and their supporters posted threats on social media against specific female activists participating in protests in Basrah in September, and on September 25, activist Suad al-Ali was shot and killed in Basrah. Human rights activists stated they believed AAH was responsible, although police were also investigating the woman’s former husband. On September 27, armed gunmen shot and killed Iraqi social media star and model Tara Fares in Baghdad. Civil society groups said they believed an Iran-aligned militia, most likely AAH, killed Fares as well as the owners of three beauty centers in August and October (see section 6, Women).

Terrorist violence continued throughout the year, including ISIS attacks (see section 1.g.).

Unlawful killings by unidentified gunmen and politically motivated violence frequently occurred throughout the country. For example, in May police reported two unknown masked gunmen killed three people in a drive-by shooting in Basrah, and unidentified attackers shot and killed the mayor of Hammam al-Alil, near Mosul, as he left his home.

Ethnic and sectarian-based fighting continued in mixed governorates, although at lower rates than in 2017. While minority advocacy groups reported threats and attacks targeting their communities, it was difficult to categorize many incidents as based solely on ethnic or religious identity because religion, politics, and ethnicity were often closely linked.

On July 23, three gunmen, whom KRG authorities said had links to a terrorist group, forcibly entered a government building in central Erbil and killed a Christian employee. Authorities stated they believed the attackers, whom police eventually killed, targeted the victim because of his religion.

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

A number of domestic and international human rights groups operated in most cases with little government restriction or interference, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views.

Due to the ISIS-driven humanitarian crisis, the majority of local NGOs focused on assisting IDPs and other vulnerable communities. In some instances these NGOs worked in coordination with central government and KRG authorities. Still, a number of NGOs also investigated and published findings on human rights cases. There were some reports of government interference with NGOs investigating human rights abuses and violations involving government actors. For example, NGOs reported that police detained some of their staff in September for covering protests in Basrah Governorate; police released them several days later.

NGOs faced capacity-related challenges, did not have regular access to government officials, and did not systematically serve as bulwarks against failures in governance and human rights abuses. Domestic NGOs’ lack of sustainable sources of funding hindered the sector’s long-term development. The government rarely awarded NGOs contracts for services. While the law forbids NGOs from engaging in political activity, political parties or sects originated, funded, or substantially influenced many domestic NGOs.

NGOs were prevented from operating in certain sectors (see section 6, Women).

Many NGOs registered only in Baghdad could not operate in the IKR for the first half of the year, while NGOs registered in Erbil could not operate outside the IKR and KRG-controlled disputed territories (see section 2.b.).

The IKR had an active community of mostly Kurdish NGOs, many with close ties to and funding from the PUK and KDP political parties. Government funding of NGOs legally is contingent upon whether an NGO’s programming goals conform to already-identified KRG priority areas. The KRG NGO Directorate established formal procedures for awarding funds to NGOs, which included a public description of the annual budget for NGO funding, priority areas for consideration, deadlines for proposal submission, establishment of a grant committee, and the criteria for ranking proposals.

As with the central government, there were some reports of KRG interference with NGOs investigating human rights abuses and violations involving KRG actors. In January the Academy of Democratic Thoughts, an Erbil-based NGO, reported that the Asayish closed the organization’s offices in Erbil Governorate and shut down the organization’s cultural and anticorruption events, claiming that the themes of the events were not consistent with its status as a NGO.

The United Nations or Other International Bodies: The government and the KRG sometimes restricted the access of the United Nations and other international organizations to sensitive locations, such as Ministry of Interior-run detention facilities holding detainees suspected of terrorism.

Government Human Rights Bodies: The IHCHR is constitutionally mandated. The law governing the IHCHR’s operation provides for 12 full-time commissioners and three reserve commissioners with four-year, nonrenewable terms; in 2017 new commissioners assumed duties. The law provides for the IHCHR’s financial and administrative independence and assigns it broad authority, including the right to receive and investigate human rights complaints, conduct unannounced visits to correctional facilities, and review legislation. Some observers reported the commissioners’ individual and partisan political agendas largely stalled the IHCHR’s work.

The IHRCKR issued periodic reports on human rights, trafficking in persons, and religious freedom in the IKR. The commission reported KRG police and security organizations generally had been receptive to human rights training and responsive to reports of violations. Both the IHRCKR and local NGO Kurdistan Human Rights Watch conducted human rights training for Peshmerga, although the latter group reported it was unable to obtain permission for a similar program for the Asayish.

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

Women

Rape and Domestic Violence: The law criminalizes rape and sexual assault of women, men, and children, but not specifically spousal rape, and permits a sentence not exceeding 15 years, or life imprisonment if the victim dies. The rape provisions of the law do not define, clarify, or otherwise describe “consent,” leaving the term up to judicial interpretation. The law requires authorities to drop a rape case if the perpetrator marries the victim, with a provision protecting against divorce within the first three years of marriage. The victim’s family sometimes agreed to this arrangement to avoid the social stigma attached to rape. There were no reliable estimates of the incidence of rape or information on the effectiveness of government enforcement of the law.

Humanitarian protection experts assessed that conditions in IDP camps were highly conducive to sexual exploitation and abuse. Amnesty reported in April that women in IDP camps with alleged ties to ISIS were particularly vulnerable to abuse, including rape by government forces and other IDPs (see sections 1.c. and 2.d.).

Although the constitution prohibits “all forms of violence and abuse in the family,” the law does not specifically prohibit domestic violence but stipulates that men may discipline their wives and children “within certain limits prescribed by law or by custom.” The law provided reduced sentences for violence or killing if the perpetrator had “honorable motives” or if the perpetrator caught his wife or female relative in the act of adultery or sex outside of marriage. Domestic violence remained a pervasive problem.

The government made some progress on implementation of its 2016 joint communique with UNAMI on the Prevention and Response to Conflict-related Sexual Violence in 2016, but human rights organizations reported that the criminal justice system was often unable to provide adequate protection for women.

Likewise, NGOs reported that the government made minimal progress in implementing UN Security Council Resolution 1325 on women, peace, and security despite an implementation plan launched in 2016. The KRG High Council of Women’s Affairs reported that neither the central government nor the KRG had allocated a budget for implementing this resolution.

Harassment of legal personnel who sought to pursue domestic violence cases under laws criminalizing assault, as well as a lack of trained police and judicial personnel, further hampered efforts to prosecute perpetrators.

The government and KRG also struggled to address the physical and mental trauma endured by women who lived under ISIS rule. In September, UNHCR reported almost 30 suicides, most by Yezidi women, in six IDP camps in Duhok Governorate since the beginning of the year, a number UNHCR believed to be underreported.

While the law does not explicitly prohibit NGOs from running shelters for victims of gender-based crimes, the law allows the Ministry of Labor and Social Affairs to determine if a shelter may remain open, and the ministry did not do so. As a result, only the Ministry could operate shelters in central government-controlled territory. NGOs that operated unofficial shelters faced legal penalties for operating such shelters without a license (see section 5). NGOs reported that communities often viewed the shelters as brothels and asked the government to close them; on occasion, shelters were subject to attacks. In order to appease community concerns, the ministry regularly closed shelters, only to allow them to reopen in another location later.

The Ministry of Interior maintained 16 family protection units under police authority around the country, located in separate buildings at police stations around the country, designed to resolve domestic disputes and establish safe refuges for victims of sexual or gender-based violence. These units reportedly tended to prioritize family reconciliation over victim protection and lacked the capacity to support victims. NGOs stated that victims of domestic violence feared approaching the family protection units because they suspected that police would inform their families of their testimony. Amnesty’s April report details similar concerns from women in IDP camps. Some tribal leaders in the south reportedly banned their members from seeking redress through police family protection units, claiming domestic abuse was a family matter. The family protection units in most locations did not operate shelters.

In December the BBC visited secret shelters for domestic violence victims in the country, reporting a call for help from one woman who claimed to be imprisoned in Mosul, Ninewa Governorate, by family members and physically abused on a daily basis during a three-year period.

KRG law criminalizes domestic violence, including physical and psychological abuse, threats of violence, and spousal rape. The KRG implemented the provisions of the law and maintained a special police force to investigate cases of gender-based violence and a family reconciliation committee within the judicial system, but local NGOs reported that these programs were not effective at combating gender-based violence.

In the IKR one privately operated shelter and four KRG Ministry of Labor and Social Affairs-operated shelters provided some protection and assistance for female victims of gender-based violence and human trafficking. Space reportedly was limited, and service delivery reportedly was poor. NGOs played a key role in providing services, including legal aid, to victims of domestic violence, who often received no assistance from the government. Instead of using legal remedies, authorities frequently mediated between women and their families so that the women could return to their homes. Other than marrying or returning to their families, which often resulted in further victimization by the family or community, there were few options for women accommodated at shelters.

As of September authorities reported more than 3,200 Yezidis, mainly women and children, remained in ISIS captivity, where they were subject to sexual slavery and exploitation, forced marriage, and other abuses.

Female Genital Mutilation/Cutting (FGM/C): NGOs and the KRG reported the practice of FGM/C persisted in the IKR, particularly in rural areas of Erbil, Sulaimaniyah, and Kirkuk Governorates, and among refugee communities, despite a ban on the practice in IKR law. Rates of FGM/C, however, reportedly continued to decline. FGM/C was not common outside the IKR.

A 2016 study (the most recent data available) by UNHCR, the KRG, and the international NGO Heartland Alliance, found almost 45 percent of women surveyed had been subject to FGM/C in the IKR, a decrease from previous years. NGOs attributed the reduction in FGM/C to the criminalization of the practice and sustained public outreach activities. For example, in April media reported on the efforts of activists like Kurdistan Rasul, a victim of FGM/C who encouraged men and women in IKR villages to end the practice.

Other Harmful Traditional Practices: The law permitted honor as a lawful defense in violence against women, and so-called honor killings remained a serious problem throughout the country. A provision of the law limits a sentence for conviction of murder to a maximum of three years in prison if a man is on trial for killing his wife, girlfriend, or a female dependent due to suspicion that the victim was committing adultery or sex outside of marriage. UNAMI reported that several hundred women died each year from honor killings. Some families reportedly arranged honor killings to appear as suicides.

In August media reported that a bridegroom returned his bride to her parents the day after their wedding, complaining that she was not a virgin. A family member then reportedly beat her to death. Media reported that police arrested a male relative, but the motive remained a subject of public debate as of November.

During the year the KRG began prosecuting murders of women, including by honor killings, as homicides, meaning culprits convicted of honor killings were subject to penalties up to and including the death penalty. The KRG Ministry of Interior Directorate General of Combating Violence against Women confirmed that sentences in such cases sometimes reached 20 years. The ministry reported 14 cases of honor killings occurred in the IKR during the year, as of September.

There were reports that women and girls were sexually exploited through so-called temporary marriages, under which a man gives the family of the girl or woman dowry money in exchange for permission to “marry” her for a specified period. Destitute IDP families living in camps reportedly were especially vulnerable to this type of exploitation, as detailed in an April Amnesty report. NGOs reported some families opted to marry off their underage daughters in exchange for dowry money, believing the marriage was genuine, only to have the girl returned to them, sometimes pregnant, only months later.

Government officials and international and local NGOs also reported that the traditional practice of fasliya, whereby family members, including women and children, are traded to settle tribal disputes, remained a problem, particularly in southern governorates.

Sexual Harassment: The law prohibits sexual relations outside marriage, including sexual harassment. Penalties include fines of up to only 30 dinars (2.5 cents) or imprisonment or both not to exceed three months for a first-time offender. The law provides relief from penalties if unmarried participants marry. The law prohibits sexual harassment in the workplace. No information was available regarding the effectiveness of government enforcement, but penalties were very low. In most areas there were few or no publicly provided women’s shelters, information, support hotlines, and little or no sensitivity training for police. Refugees and IDPs reported regular sexual harassment, both in camps and cities in the IKR.

In the absence of shelters, authorities often detained or imprisoned sexual harassment victims for their own protection. Some women, without alternatives, became homeless.

Female political candidates suffered harassment online and on social media, including posting of, often fake, nude or salacious photos and videos meant to harm their campaigns (see section 3).

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization by government authorities. Unlike previous years, there were no reports of coerced abortion by ISIS or other armed groups of pregnancies of Yezidi captive women.

Discrimination: The Council of Ministers’ Iraqi Women Empowerment Directorate is the lead government body on women’s issues. Although the constitution provides for equality between men and women, the law does not provide for the same legal status and rights for women as for men. Criminal, family, religious, personal status, labor, and inheritance laws discriminate against women. Women experienced discrimination in such areas as marriage, divorce, child custody, employment, pay, owning or managing businesses or property, education, the judicial process, and housing.

For example, in a court of law, a woman’s testimony is worth half that of a man in some cases and is equal in other cases. The law generally permits women to initiate divorce proceedings against their spouses, but the law does not entitle a divorced woman to alimony other than child support or two years financial maintenance in some cases; in other cases the woman must return all or part of her dowry or otherwise pay a sum of money to the husband. Under the law the father is the guardian of the children, but a divorced mother may be granted custody of her children until age 10, extendable by a court up to age 15, at which time the child may choose with which parent he or she wishes to live.

All recognized religious groups have their own personal status courts responsible for handling marriage, divorce, and inheritance issues, and discrimination toward women on personal status issues varies depending on the religious group. The government’s interpretation of sharia is the basis of inheritance law for all citizens except recognized religious minorities. In all communities, male heirs must provide financial support to female relatives who inherit less. If they do not, women have the right to sue.

The law provides women and men equal rights in owning or managing land or other property, but cultural and religious norms impeded women’s property rights, especially in rural areas.

Law and custom generally do not respect freedom of movement for women. For example, the law prevents a woman from applying for a passport without the consent of her male guardian or a legal representative (see section 2.d.). Women could not obtain the Civil Status Identification Document–required for access to public services, food assistance, health care, employment, education, and housing–without the consent of a male relative.

In March media reported on the work of the Shahrazad Center to fight gender discrimination. One female journalist, Israa Tariq, went to the center for legal assistance after the television station she worked for, al-Nahar, did not pay her salary for three months. Another woman, “Houda,” went to the center for legal assistance after her husband left her to raise their two children without paying legally required child support.

NGOs also reported cases in which courts changed the registration of Yezidi women to Muslim against their will because of their forced marriage to ISIS fighters.

Although the KRG provided some additional protections to women, in most respects, KRG law mirrors federal law, and women faced discrimination. Beginning in May, public prosecutors in Kurdistan began accepting the testimony of women in court on an equal basis with that of men. KRG law allows women to set as a prenuptial condition the right to divorce her husband, beyond the limited circumstances allowed by Iraqi law, and provides a divorced wife up to five years alimony beyond childcare.

The KRG maintained a High Council of Women’s Affairs and a Women’s Rights Monitoring Board to enforce the law, and prevent and respond to discrimination.

Children

Birth Registration: The constitution states that anyone born to at least one citizen parent is a citizen. Failure to register births resulted in the denial of public services such as education, food, and health care. Single women and widows often had problems registering their children. Although in most cases authorities provided birth certificates after registration of the birth through the Ministries of Health and Interior, this was reportedly a lengthy and at times complicated process. The government was generally committed to children’s rights and welfare, although it denied benefits to noncitizen children. Humanitarian organizations reported a widespread problem of children born to members of ISIS or in ISIS-held territory failing to receive a government-issued birth certificate.

Education: Primary education is compulsory for citizen children for the first six years of schooling–and until age 15 in the IKR; it is provided without cost to citizens. Equal access to education for girls remained a challenge, particularly in rural and insecure areas. Recent, reliable statistics on enrollment, attendance, or completion were not available.

In January, UNICEF reported that children comprised almost one-half of Iraqis displaced by conflict. Displacement limited access to education; at least 70 percent of displaced children missed a year of school. In February, UNICEF reported that one-half of all schools in Iraq required repairs following the territorial defeat of ISIS and that more than three million children have had their education interrupted.

Child Abuse: Although the constitution prohibits “all forms of violence and abuse in the family,” the law does not specifically prohibit domestic violence but stipulates that men may discipline their wives and children “within certain limits prescribed by law or by custom.” The law provides protections for children who were victims of domestic violence or were in shelters, state houses, and orphanages, including access to health care and education. Violence against children reportedly remained a significant problem, but recent, reliable statistics on the extent of the problem were not available. Local NGOs reported the government made little progress in implementing its 2017 National Child Protection Policy.

KRG law criminalizes domestic violence, including physical and psychological abuse and threats of violence. The KRG implemented the provisions of the law, but local NGOs reported these programs were not effective at combating child abuse. The KRG’s Ministries of Labor and Social Affairs, Education, and Culture and Youth operated a toll-free hotline to report violations against, or seek advice regarding children’s rights.

Early and Forced Marriage: The legal minimum age of marriage is 18, but the law allows a judge to permit children as young as age 15 to marry if fitness and physical capacity are established and the guardian does not present a reasonable objection. The law criminalizes forced marriage but does not automatically void forced marriages that have been consummated. The government reportedly made few efforts to enforce the law. Traditional early and forced marriages of girls, including temporary marriages, occurred throughout the country.

In July the Ledia Organization, a local NGO, released a report finding a significant increase in early marriage due to conflict and economic instability, as many families arranged for girls to marry cousins or into polygamous households to prevent forced marriages to ISIS fighters. Others gave their daughters as child brides to ISIS or other armed groups as a means to ensure their safety, access to public services in occupied territories, or livelihood opportunities for the entire family.

In the IKR the legal minimum age of marriage is 18, but KRG law allows a judge to permit children as young as age 16 to marry under the same conditions applied in the rest of the country. KRG law criminalizes forced marriage and suspends, but does not automatically, void forced marriages that have been consummated. According to the KRG High Council of Women’s Affairs, refugees and IDPs in the IKR engaged in child marriage and polygamy at a higher rate than IKR residents.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, sale, offering or procuring for prostitution, and practices related to child pornography. Child prostitution was a problem, as were temporary marriages, particularly among the IDP population. Because the age of legal criminal responsibility is nine in the areas administered by the central government and 11 in the IKR, authorities often treated sexually exploited children as criminals instead of victims. Penalties for commercial exploitation of children range from fines and imprisonment to the death penalty. No information was available regarding the effectiveness of government enforcement.

Child Soldiers: Certain PMF units, including AAH, HHN, and KH, reportedly recruited and used child soldiers, despite government prohibition. The PKK HPG and YBS Yezidi militias also reportedly continued to recruit and use child soldiers. ISIS was known to recruit and use child soldiers (see section 1.g.).

Displaced Children: Insecurity and active conflict between government forces and ISIS caused the continued displacement of large numbers of children. Abuses by government forces, particularly certain PMF groups, contributed to displacement. Due to the conflict in Syria, children and single mothers from Syria took refuge in the IKR. UNICEF reported that almost one-half of IDPs were children.

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

Anti-Semitism

A very small number of Jewish citizens lived in Baghdad. According to unofficial statistics from the KRG Ministry of Endowments and Religious Affairs, there were approximately 430 Jewish families in the IKR. There were no reports of anti-Semitic acts in the country during the year.

Trafficking in Persons

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

Persons with Disabilities

The constitution states the government, through law and regulations, guarantees the social and health security of persons with disabilities, including through protection against discrimination and provision of housing and special programs of care and rehabilitation. Despite constitutional guarantees, no laws prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. Persons with disabilities had limited access to education, employment, health services, information, communications, buildings, transportation, the judicial system, or other state services.

Although the Council of Ministers issued a decree in 2016 ordering access for persons with disabilities to buildings and to educational and work settings, incomplete implementation limited access. Local NGOs reported many children with disabilities dropped out of public school due to insufficient physical access to school buildings, a lack of appropriate learning materials in schools, and a shortage of teachers qualified to work with children with developmental or intellectual disabilities.

The minister of labor and social affairs leads the Independent Commission for the Care of People with Disabilities. Any Iraqi citizen applying to receive disability-related government services must first receive a commission evaluation. The KRG deputy minister of labor and social affairs leads a similar commission, administered by a special director within the ministry. In July a group of persons with disabilities burnt their wheelchairs in front of the IKP office in Sulaimaniya in protest, alleging that the KRG commission arbitrarily denied benefits to those who qualified.

There is a 5 percent public-sector employment quota for persons with disabilities, but employment discrimination persisted, and observers projected that the quota would not be met by the end of the year (see section 7.d.). Mental health support for prisoners with mental disabilities did not exist.

The Ministry of Health provided medical care, benefits, and rehabilitation, when available, for persons with disabilities, who could also receive benefits from other agencies, including the Prime Minister’s Office. The Ministry of Labor and Social Affairs operated several institutions for children and young adults with disabilities. The ministry maintained loans programs for persons with disabilities for vocational training.

National/Racial/Ethnic Minorities

The country’s population included Arabs, Kurds, Turkmen, and Shabaks, as well as ethnic and religious minorities, including Chaldeans, Assyrians, Armenians, Yezidis, Sabean-Mandaeans, Baha’i, Kaka’i, and a very small number of Jews. The country also had a small Romani (Dom) community, as well as an estimated 500,000 citizens of African descent who reside primarily in Basrah and adjoining governorates. Because religion, politics, and ethnicity were often closely linked, it was difficult to categorize many incidents as based solely on ethnic or religious identity.

The law did not permit some religious groups, including Baha’i, Zoroastrian, and Kaka’i, to register under their professed religions, which, although recognized in the IKR, remain unrecognized and illegal under Iraqi law. The law forbids Muslims to convert to another religion (see sections 2.d. and section 6, Children).

Government forces, particularly certain PMF groups, and other militias targeted ethnic and religious minorities, as did remaining active ISIS fighters.

For example, following the return of central government control in Kirkuk in October 2017, Kurds, Turkmen, Kaka’i, Christians, and other minorities faced discrimination, displacement, and in some cases, violence from government forces, particularly Iran-aligned PMF groups. Media outlets carried numerous reports of PMF groups invading, looting, and burning the houses of Kurds, Sunni Turkmen, Sunni Arabs, and other ethnic minorities in Kirkuk Governorate. Kurds faced similar violence in Khanaqin, a majority Kurdish city in Diyala Governorate that also passed from KRG to central government control in October 2017. Discrimination continued to stoke ethnosectarian tensions in the disputed territories throughout the year. In August, four Kurds, including a Peshmerga, were beheaded by unknown attackers. The Kaka’i community in Daquq, Kirkuk Governorate, continued to suffer threats, attacks, and assassinations, which Kaka’i civil society groups claimed accelerated under PMF occupation of the area.

Many persons of African descent, some stateless, lived in extreme poverty with high rates of illiteracy and unemployment. They were not represented in politics, and members held no senior government positions. Furthermore, they stated that discrimination kept them from obtaining government employment. Members of the community also struggled to obtain restitution for lands seized from them during the Iran-Iraq war.

There were reports of KRG authorities discriminating against minorities, including Turkmen, Arabs, Yezidis, Shabaks, and Christians, in the disputed territories. For example, courts rarely upheld Christians’ legal complaints against Kurds regarding land and property disputes.

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

While the law does not criminalize consensual same-sex sexual conduct between adults per se, authorities used public indecency or prostitution charges to prosecute such conduct. Authorities used the same charges to arrest heterosexual persons involved in sexual relations with anyone other than their spouse. The constitution and law do not extend antidiscrimination protections to LGBTI individuals based on their sexual orientation.

Despite repeated threats and violence targeting LGBTI individuals, specifically gay men, the government failed to identify, arrest, or prosecute attackers or to protect targeted individuals.

LGBTI persons often faced abuse and violence from government and nongovernmental actors that the government did not effectively investigate. In June LGBTI advocacy NGO IraQueer reported 96 percent of surveyed LGBTI individuals experienced threats or violence between 2015 and June. IraQueer reported in June that more than 220 LGBTI individuals were killed in 2017 and stated that the government had not taken steps to prosecute those responsible. In October a video circulated on social media showing a 14-year-old boy dying after being stabbed in an apparent homophobic attack in central Baghdad. In the video the attackers taunted the victim, asking who his boyfriend was and telling him his guts were coming out of his body. In addition to targeted violence, LGBTI persons remained at risk for honor crimes. For example, in July media reported that a father had killed his 12-year-old son because he was playing with his friends in Hamza al-Sharqi, al-Qadisiyah Governorate, but some commentators claimed he was killed for same-sex sexual conduct with his friends.

Local contacts reported that certain PMF groups, including specifically AAH, drafted LGBTI “kill lists” and executed men perceived as gay, bisexual, or transgender, as did ISIS when it still retained territorial control.

LGBTI individuals also faced intimidation, threats, violence, and discrimination in the IKR. In June IraQueer reported the experience of Rawa, a 26-year-old gay man from Duhok Governorate who said he was unable to keep his job because of sexual harassment and violence. Rawa told IraQueer, “I was raped by my boss when I was working as a barista. He then threatened that he would report me to the police if I said anything. I had no choice but to escape.” An IKR-based human rights NGO director reported that otherwise-dedicated members of his staff refused to advocate for LGBTI human rights based on their misperception that LGBTI persons are mentally ill.

Other Societal Violence or Discrimination

Because religion, politics, and ethnicity were often closely linked, it was difficult to categorize many incidents as based solely on ethnic or religious identity.

Media reported criminal networks and some PMF groups seized Christian properties in Baghdad, as well as areas of Anbar, Babil, Basrah, Diyala, Kirkuk, Ninewa, and Wasit Governorates, with relative impunity, despite pledges by the Prime Minister’s Office to open investigations into the seizures. Yezidis likewise complained about property seizures, intimidation, threats, abuses, and discrimination by certain Iran-aligned PMF groups operating in and around Sinjar, Ninewa Governorate.

Nigeria

Executive Summary

Nigeria is a federal republic composed of 36 states and the Federal Capital Territory (FCT). In 2015 citizens elected President Muhammadu Buhari of the All Progressives Congress party to a four-year term in the first successful democratic transfer of power from a sitting president in the country’s history.

Civilian authorities did not always maintain effective control over the security services.

The insurgency in the Northeast by the militant terrorist groups Boko Haram and the Islamic State in West Africa (ISIS-WA) continued. The groups conducted numerous attacks on government and civilian targets that resulted in thousands of deaths and injuries, widespread destruction, the internal displacement of approximately 1.8 million persons, and external displacement of an estimated 225,000 Nigerian refugees to neighboring countries, principally Cameroon, Chad, and Niger. Widespread violence across rural Nigeria, including conflict over land and other resources between farmers and herders, resulted in an estimated 1,300 deaths and 300,000 persons internally displaced between January and July, according to the International Crisis Group (ICG).

Human rights issues included unlawful and arbitrary killings by both government and nonstate actors; forced disappearances by both government and nonstate actors; torture by both government and nonstate actors and prolonged arbitrary detention in life-threatening conditions particularly in government detention facilities; harsh and life threatening prison conditions including civilian detentions in military facilities, often based on flimsy or no evidence; infringement on citizens’ privacy rights; criminal libel; substantial interference with the rights of peaceful assembly and freedom of association, in particular for lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; refoulement of refugees; corruption; progress to formally separate child soldiers previously associated with the Civilian Joint Task Force (CJTF); lack of accountability concerning violence against women, including female genital mutilation/cutting, in part due to government inaction/negligence; trafficking in persons, including sexual exploitation and abuse by security officials; crimes involving violence targeting LGBTI persons and the criminalization of status and same-sex sexual conduct based on sexual orientation and gender identity; and forced and bonded labor.

The government took steps to investigate alleged abuses but fewer steps to prosecute officials who committed violations, whether in the security forces or elsewhere in the government. Impunity remained widespread at all levels of government. The government did not adequately investigate or prosecute most of the major outstanding allegations of human rights violations by the security forces or the majority of cases of police or military extortion or other abuse of power.

The Borno State government provided financial and in-kind resources to the CJTF, a nongovernmental self-defense militia that coordinated and at times aligned with the military to prevent attacks against civilian populations by Boko Haram and ISIS-WA. Human rights organizations and press reporting charged the CJTF with committing human rights abuses. The government took few steps to investigate or punish CJTF members who committed human rights abuses.

Boko Haram and ISIS-WA conducted numerous attacks targeting civilians. Boko Haram recruited and forcefully conscripted child soldiers and carried out scores of suicide bombings, many by young women and girls forced into doing so — and other attacks on population centers in the Northeast and in Cameroon, Chad, and Niger. Abductions by Boko Haram and ISIS-WA continued. Both groups subjected many women and girls to sexual and gender-based violence, including forced marriages, sexual slavery, and rape. The government investigated attacks by Boko Haram and ISIS-WA and took steps to prosecute their members, although the majority of suspected insurgent group supporters were held in military custody without charge.

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 the government or its agents committed arbitrary and unlawful killings. The national police, army, and other security services used lethal and excessive force to disperse protesters and apprehend criminals and suspects and committed other extrajudicial killings. Authorities generally did not hold police, military, or other security force personnel accountable for the use of excessive or deadly force or for the deaths of persons in custody. State and federal panels of inquiry investigating suspicious deaths generally did not make their findings public. In August 2017 the acting president convened a civilian-led presidential investigative panel to review compliance of the armed forces with human rights obligations and rules of engagement, and the panel submitted its findings in February. As of November no portions of the report had been made public.

As of September there were no reports of the federal government further investigating or holding individuals accountable for the 2015 killing and subsequent mass burial of members of the Shia group Islamic Movement of Nigeria (IMN) and other civilians by Nigerian Army (NA) forces in Zaria, Kaduna State. In 2016 the government of Kaduna made public the Kaduna State judicial commission’s nonbinding report, which found the NA used “excessive and disproportionate” force during the 2015 altercations in which 348 IMN members and one soldier died. The commission recommended the federal government conduct an independent investigation and prosecute anyone found to have acted unlawfully. It also called for the proscription of the IMN and the monitoring of its members and their activities. In 2016 the government of Kaduna State published a white paper that included acceptance of the commission’s recommendation to investigate and prosecute allegations of excessive and disproportionate use of force by the NA. As of September, however, there was no indication that authorities had held any members of the NA accountable for the events in Zaria. It also accepted the recommendation to hold IMN leader Sheikh Ibrahim Zakzaky responsible for all illegal acts committed by IMN members during the altercations and in the preceding 30 years. In 2016 a federal court declared the continued detention without charge of Zakzaky and his wife illegal and unconstitutional. The court ordered their release by January 2017. The federal government did not comply with this order, and Zakzaky, his spouse, and other IMN members remained in detention. In April the Kaduna State government charged Zakzaky in state court with multiple felonies stemming from the death of the soldier at Zaria. The charges include culpable homicide, which can carry the death penalty. As of December the case was pending. In July a Kaduna High Court dismissed charges of aiding and abetting culpable homicide against more than 80 IMN members. As of September the Kaduna State government had appealed the ruling. Approximately 100 additional IMN members remained in detention.

In October security forces killed 45 IMN members that were participating in processions and protests, according to Amnesty International (AI) (see section 2.b.).

In January AI reported that the Nigerian Air Force used excessive force in responding to intercommunal violence in December 2017 in Numan local government area (LGA) in Adamawa State. According to the report, hundreds of herdsmen attacked eight villages in Adamawa in response to a massacre by farming communities of up to 51 herders, mostly children, in Kikan village the previous month. The Nigerian Air Force said it responded at the request of relevant security agencies for show of force flights to disperse the “hoodlums” engaged in ransacking and burning villages, and subsequently aimed to shoot in front of crowds to deter them from attacking Numan. AI reported that the Air Force response resulted in a fire and destruction in the town, and that Air Force rockets and bullets hit civilian buildings directly and resulted in multiple civilian deaths. The report also stated it was not possible to establish conclusively how much of the death and destruction was attributable to the Air Force’s actions and how much to the concurrent attack by herdsmen. The Air Force denied the claims in a statement but reportedly ordered an investigation. As of September it was unclear if the investigation had been concluded.

In January 2017 the air force mistakenly bombed an informal internally displaced persons (IDP) settlement in Rann, Borno State, which resulted in the killing and injuring of more than 100 civilians and humanitarian workers. Army personnel also were injured. The government and military leaders publicly assumed responsibility for the strike and launched an investigation. The air force conducted its own internal investigation, but as of December the government had not made public its findings. No air force or army personnel were known to have been held accountable for their roles in the event.

There were reports of arbitrary and unlawful killings related to internal conflicts in the Northeast and other areas (see section 1.g.).

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

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials sometimes cooperated and responded to their views, but generally dismissed allegations quickly without investigation. In some cases the military threatened NGOs and humanitarian organizations. In April then-Theater Commander for Operation Lafiya Dole, Major General Rogers Nicholas, publicly said three UNICEF Child Protection staff were “persona non grata in the North East and suggested they were “enemies of Nigeria and the military” who made “spurious and malicious allegations of human rights violations” as a result of UNICEF’s reporting on various human rights issues including sexual and gender based violence and past use of child soldiers in support roles. In May the army issued a statement regarding AI’s intention to release a “malicious” and “false report on fictitious rape incidents in IDP camps in the North East region of Nigeria.” One day prior, protestors–some of whom were reportedly paid to protest by unknown parties–surrounded AI’s Abuja offices. In June the army issued a press release referring to “the Amnesty International (AI) Barnawi faction of B[oko] H[aram] T[errorists],” an apparent reference to the Abu Musab Al-Barnawi group known as ISIS-WA. No retraction was issued and, as of December, the press release remained accessible on the army’s Facebook page.

Government Human Rights Bodies: The law establishes the NHRC as an independent nonjudicial mechanism for the promotion and protection of human rights. The NHRC monitors human rights through its zonal affiliates in the country’s six political regions. The NHRC is mandated to investigate allegations of human rights abuses and publishes periodic reports detailing its findings, including torture and poor prison conditions. The commission, however, served more of an advisory, training, and advocacy role. During the reporting period, there were no reports its investigations led to accountability. The law provides for recognition and enforcement of NHRC awards and recommendations as court decisions, but it was unclear if this happened. In April the Senate confirmed Anthony Ojukwu as executive secretary of the NHRC, which had been without an executive secretary since 2016.

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

Women

Rape and Domestic Violence: The Violence Against Persons Prohibition (VAPP) Act addresses sexual violence, physical violence, psychological violence, harmful traditional practices, and socioeconomic violence. The VAPP cites spousal battery, forceful ejection from the home, forced financial dependence or economic abuse, harmful widowhood practices, female genital mutilation/cutting (FGM/C), other harmful traditional practices, substance attacks (such as acid attacks), political violence, and violence by state actors (especially government security forces) as offenses. Victims and survivors of violence are entitled to comprehensive medical, psychological, social, and legal assistance by accredited service providers and government agencies, with their identities protected during court cases. As of March only Anambra, Ebonyi, and Oyo states, in addition to the FCT, had domesticated the VAPP.

The law criminalizes rape, but it remained widespread. In 2013 Positive Action for Treatment Access, an NGO focused on HIV treatment, released a countrywide survey of 1,000 preadolescents and adolescents (ages 10 to 19), which noted three in 10 girls reported their first sexual encounter was rape. For example, in October, 13-year-old Ochanya Ogbanje died from a traumatic fistula caused by multiple rapes allegedly committed over a period of years by her guardian, 51-year-old Andrew Ogbuja, and his son, Victor Ogbuja.

Sentences for persons convicted of rape and sexual assault were inconsistent and often minor. The VAPP provides penalties for conviction ranging from 12 years to life imprisonment for offenders older than 14 and a maximum of 14 years’ imprisonment for all others. It also provides for a public register of convicted sexual offenders and appointment of protection officers at the local government level to coordinate with courts and provide for victims to receive various forms of assistance (e.g., medical, psychosocial, legal, rehabilitative, and for reintegration) provided by the VAPP. The act also includes provisions to protect the identity of rape victims and a provision empowering courts to award appropriate compensation to victims of rape. Because the VAPP has only been domesticated in a handful of states, state criminal codes continued to govern most rape and sexual assault cases, and typically allowed for lesser sentences.

There is no comprehensive law for combatting violence against women that applies across the country. Victims and survivors had little or no recourse to justice. While some, mostly southern, states enacted laws prohibiting some forms of gender violence or sought to safeguard certain rights, a majority of states did not have such legislation.

The VAPP provides for up to three years’ imprisonment, a maximum fine of 200,000 naira ($635), or both for conviction of spousal battery. It also authorizes courts to issue protection orders upon application by a victim and directs the appointment of a coordinator for the prevention of domestic violence to submit an annual report to the federal government. Notwithstanding these federal provisions, only the states of Cross River, Ebonyi, Jigawa, and Lagos had enacted domestic violence laws.

Domestic violence remained widespread, and many considered it socially acceptable. The National Crime Victimization and Safety Survey for 2013 of the CLEEN Foundation–formerly known as Center for Law Enforcement Education–reported 30 percent of male and female respondents countrywide claimed to have been victims of domestic violence.

Police often refused to intervene in domestic disputes or blamed the victim for provoking the abuse. In rural areas, courts and police were reluctant to intervene to protect women who formally accused their husbands of abuse if the level of alleged abuse did not exceed local customary norms.

Female Genital Mutilation/Cutting (FGM/C): Federal law criminalizes female circumcision or genital mutilation, but the federal government took no legal action to curb the practice. While 12 states banned FGM/C, once a state legislature criminalizes FGM/C, NGOs found they had to convince local authorities that state laws apply in their districts.

The VAPP penalizes a person convicted of performing female circumcision or genital mutilation with a maximum of four years in prison, a fine of 200,000 naira ($635), or both. It punishes anyone convicted of aiding or abetting such a person with a maximum of two years’ imprisonment, a fine of 100,000 naira ($317), or both.

For more information, see Appendix C.

Other Harmful Traditional Practices: According to the VAPP, any person convicted of subjecting another person to harmful traditional practices may be punished with up to four years’ imprisonment, a fine not exceeding 500,000 naira ($1,590), or both. Anyone convicted of subjecting a widow to harmful traditional practices is subject to two years’ imprisonment, a fine not exceeding 500,000 naira ($1,590), or both. For purposes of the VAPP, a harmful traditional practice means all traditional behavior, attitudes, or practices that negatively affect the fundamental rights of women or girls, to include denial of inheritance or succession rights, FGM/C or circumcision, forced marriage, and forced isolation from family and friends.

Despite the federal law, purdah, the cultural practice of secluding women and pubescent girls from unrelated men, continued in parts of the North. “Confinement,” which occurred predominantly in the Northeast, remained the most common rite of deprivation for widows. Confined widows were subject to social restrictions for as long as one year and usually shaved their heads and dressed in black as part of a culturally mandated mourning period. In other areas communities viewed a widow as a part of her husband’s property to be “inherited” by his family. In some traditional southern communities, widows fell under suspicion when their husbands died. To prove their innocence, they were forced to drink the water used to clean their deceased husbands’ bodies.

Sexual Harassment: Sexual harassment remained a common problem. No statutes prohibit sexual harassment, but assault statutes provide for prosecution of violent harassment. The VAPP criminalizes stalking, but it does not explicitly criminalize sexual harassment. The act criminalizes emotional, verbal, and psychological abuse and acts of intimidation.

The practice of demanding sexual favors in exchange for employment or university grades remained common. For example, in June, Obafemi Awolowo University, in Osun State, fired management and accounting professor Richard Akindele after a student recorded him soliciting sex in return for a better grade. Women suffered harassment for social and religious reasons in some regions.

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

Discrimination: Although the constitution provides the same legal status and rights for women as for men, women experienced considerable economic discrimination. The law does not mandate equal remuneration for work of equal value, nor does it mandate nondiscrimination based on gender in hiring.

Women generally remained marginalized. No laws prohibit women from owning land, but customary land tenure systems allowed only men to own land, with women gaining access to land only via marriage or family. Many customary practices also did not recognize a woman’s right to inherit her husband’s property, and many widows became destitute when their in-laws took virtually all the deceased husband’s property.

In the 12 northern states that adopted sharia law, sharia and social norms affected women to varying degrees. For example, in Zamfara State local governments enforced laws requiring the separation of Muslim men and women in transportation and health care. In 2013 the Kano State government issued a statement declaring men and women must remain separate while using public transportation.

The testimony of women carried less weight than that of men in many criminal courts. Women could arrange but not post bail at most police detention facilities.

Children

Birth Registration: Children derive their citizenship from their parents. The government does not require birth registration, and the majority of births were unregistered. The 2013 Nigeria Demographic and Health Survey, the most recent data available, found that only 30 percent of births of children younger than age five were registered. Lack of documents did not result in denial of education, health care, or other public services. For additional information, see Appendix C.

Education: The law requires provision of tuition-free, compulsory, and universal basic education for every child of primary and junior secondary school age. According to the constitution, women and girls are supposed to receive career and vocational guidance at all levels, as well as access to quality education, education advancement, and lifelong learning. Despite these provisions, extensive discrimination and impediments to female participation in education persisted, particularly in the North.

Public schools remained substandard, and limited facilities precluded access to education for many children.

Most educational funding comes from the federal government, with state governments required to pay a share. Public investment was insufficient to achieve universal basic education. Actual budget execution was consistently much lower than approved funding levels. Increased enrollment rates created challenges in ensuring quality education. According to UNICEF in some instances there were 100 pupils for one teacher.

Of the approximately 30 million primary school-age children, an estimated 10.5 million were not enrolled in formally recognized schools. The lowest attendance rates were in the North, where rates for boys and girls were approximately 45 percent and 35 percent, respectively. According to UNICEF, in the North, for every 10 girls in school, more than 22 boys attended. Approximately 25 percent of young persons between ages 17 and 25 had fewer than two years of education.

In many regions social and economic factors resulted in discrimination against girls in access to education. In the face of economic hardship, many families favored boys in deciding which children to enroll in elementary and secondary schools. According to the 2015 Nigeria Education Data Survey, attendance rates in primary schools increased to 68 percent nationwide, with school-age boys continuing to be somewhat more likely than girls to attend primary school. According to the survey, primary enrollment was 91 percent for boys and 78 percent for girls; secondary enrollment was 88 percent for boys and 77 percent for girls. Several states in the North, including Niger and Bauchi, had enacted laws prohibiting the withdrawal of girls from school for marriage, but these laws were generally not enforced.

The Northeast had the lowest primary school attendance rate. The most pronounced reason was the Boko Haram and ISIS-WA insurgencies, which prevented thousands of children from continuing their education in the states of Borno and Yobe (due to destruction of schools, community displacement, and mass movement of families from those crisis states to safer areas). According to HRW, between 2009 and 2015, attacks in the Northeast destroyed more than 910 schools and forced at least 1,500 others to close.

Child Abuse: Child abuse remained common throughout the country, but the government took no significant measures to combat it. Findings from the Nigeria Violence Against Children Survey released in 2015 revealed approximately six of every 10 children younger than age 18 experienced some form of physical, emotional, or sexual violence during childhood. One in two children experienced physical violence, one in four girls and one in 10 boys experienced sexual violence, and one in six girls and one in five boys experienced emotional violence.

In 2010 the Ministerial Committee on Madrasah Education reported 9.5 million children worked as “almajiri,” poor children from rural homes sent to urban areas by their parents ostensibly to study and live with Islamic teachers. Instead of receiving an education, many “almajiri” were forced to work manual jobs or beg for alms that were given to their teacher. The religious leaders often did not provide these children with sufficient shelter or food, and many of the children effectively became homeless.

In some states children accused of witchcraft were killed or suffered abuse, such as kidnapping and torture.

So-called baby factories operated, often disguised as orphanages, religious or rehabilitation centers, hospitals, or maternity homes. They offered for sale the newborns of pregnant women–mostly unmarried girls–often held against their will and raped. The persons running the factories sold the children for various purposes, including adoption, child labor, child trafficking, or sacrificial rituals, with the boys’ fetching higher prices. In April 162 children were rescued after police carried out a raid on a baby factory in Lagos.

Early and Forced Marriage: The law sets a minimum age of 18 for marriage for both boys and girls. The prevalence of child marriage varied widely among regions, with figures ranging from 76 percent in the Northwest to 10 percent in the Southeast. Only 25 state assemblies adopted the Child Rights Act of 2003, which sets the minimum marriage age, and most states, especially northern states, did not uphold the federal official minimum age for marriage. The government engaged religious leaders, emirs, and sultans on the problem, emphasizing the health hazards of early marriage. Certain states worked with NGO programs to establish school subsidies or fee waivers for children to help protect against early marriage. The government did not take legal steps to end sales of young girls into marriage.

According to an NGO, education was a key indicator of whether a girl would marry as a child–82 percent of women with no education were married before 18, as opposed to 13 percent of women who had at least finished secondary school. In the North parents complained the quality of education was so poor that schooling could not be considered a viable alternative to marriage for their daughters. Families sometimes forced young girls into marriage as early as puberty, regardless of age, to prevent “indecency” associated with premarital sex or for other cultural and religious reasons. Boko Haram subjected abducted girls to forced marriage. For additional information, see Appendix C.

Sexual Exploitation of Children: The 2003 Child Rights Act prohibits child prostitution and sexual intercourse with a child, providing penalties for conviction from seven years’ to life imprisonment, respectively, for any adults involved. Two-thirds of states had adopted the act.

The VAPP criminalizes incest and provides prison sentences for conviction of up to 10 years. The Cybercrimes Act of 2015 criminalizes the production, procurement, distribution, and possession of child pornography with prison terms if convicted of 10 years, a fine of 20 million naira ($63,500), or both.

Sexual exploitation of children remained a significant problem. Children were exploited in commercial sex, both within the country and in other countries. Girls were victims of sexual exploitation in IDP camps. There were continued reports that camp officials and members of security forces, including some military personnel, used fraudulent or forced marriages to exploit girls in sex trafficking (see section 1.g.).

Displaced Children: In July the IOM reported there were approximately 1.8 million persons displaced in the states of Adamawa, Bauchi, Borno, Gombe, Taraba, and Yobe. Children younger than age 18 constituted 56 percent of the IDP population, with 48 percent of them under age five. Many children were homeless and lived on the streets.

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

Anti-Semitism

An estimated 700 to 900 members of the Jewish community, who were foreign employees of international firms, resided in Abuja. Although not recognized as Jews by mainstream Jewish communities, between 2,000 and 30,000 ethnic Igbos claimed Jewish descent and practiced some form of Judaism. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

No federal laws prohibit discrimination against persons with disabilities, but the constitution (as amended) does prohibit discrimination based on the “circumstances of one’s birth.”

Some national-level polices such as the National Health Policy of 2016 provide for health-care access for persons with disabilities. Plateau and Lagos states have laws and agencies that protect the rights of persons with disabilities, while Akwa-Ibom, Ekiti, Jigawa, Kwara, Ogun, Osun, and Oyo States took steps to develop such laws. The Ministry of Women’s Affairs and Social Development has responsibility for persons with disabilities. Some government agencies, such as the NHRC and the Ministry of Labor and Employment, designated an employee to work on issues related to disabilities.

Mental health-care services were almost nonexistent. Officials at a small number of prisons used private donations to provide separate mental health facilities for prisoners with mental disabilities. All prisoners with disabilities stayed with the general inmate population and received no specialized services or accommodations.

Persons with disabilities faced social stigma, exploitation, and discrimination, and relatives often regarded them as a source of shame. Many indigent persons with disabilities begged on the streets. The government operated vocational training centers in Abuja and Lagos to train indigent persons with disabilities. Individual states also provided facilities to help persons with physical disabilities become self-supporting. The Joint National Association of Persons with Disabilities served as the umbrella organization for a range of disability groups.

National/Racial/Ethnic Minorities

The ethnically diverse population consisted of more than 250 groups speaking 395 different languages. Many were concentrated geographically. Three major groups–the Hausa, Igbo, and Yoruba–together constituted approximately half the population. Members of all ethnic groups practiced ethnic discrimination, particularly in private sector hiring patterns and the segregation of urban neighborhoods. A long history of tension existed among some ethnic groups. The government’s efforts to address tensions among ethnic groups typically involved heavily concentrated security actions, incorporating police, military, and other security services, often in the form of a joint task force.

The law prohibits ethnic discrimination by the government, but most ethnic groups claimed marginalization in terms of government revenue allocation, political representation, or both.

The constitution requires the government to have a “federal character,” meaning that cabinet and other high-level positions must be distributed to persons representing each of the 36 states or each of the six geopolitical regions. President Buhari’s cabinet appointments conformed to this policy. Traditional relationships were used to pressure government officials to favor particular ethnic groups in the distribution of important positions and other patronage.

All citizens have the right to live in any part of the country, but state and local governments frequently discriminated against ethnic groups not indigenous to their areas, occasionally compelling individuals to return to a region where their ethnic group originated but where they no longer had ties. State and local governments sometimes compelled nonindigenous persons to move by threats, discrimination in hiring and employment, or destruction of their homes. Those who chose to stay sometimes experienced further discrimination, including denial of scholarships and exclusion from employment in the civil service, police, and military. For example, in Plateau State the predominantly Muslim and nonindigenous Hausa and Fulani faced significant discrimination from the local government in land ownership, jobs, access to education, scholarships, and government representation.

Land disputes, ethnic differences, settler-indigene tensions, and religious affiliation contributed to clashes between Fulani herdsmen and farmers throughout the Middle Belt (the central part of the country). “Silent killings,” in which individuals disappeared and later were found dead, occurred throughout the year.

Conflicts concerning land rights continued among members of the Tiv, Kwalla, Jukun, Fulani, and Azara ethnic groups living near the convergence of Nassarawa, Benue, and Taraba states.

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

The 2014 SSMPA effectively renders illegal all forms of activity supporting or promoting lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights. According to the SSMPA, anyone convicted of entering into a same-sex marriage or civil union may be sentenced to up to 14 years’ imprisonment. During the year the government brought formal charges under the SSMPA for the first time. As of November a hotel owner and two staff were awaiting trial on charges of aiding and abetting homosexual activities in violation of Section 5(2) of the SSMPA. The offense carries a 10-year sentence if convicted.

Following passage of the SSMPA, LGBTI persons reported increased harassment and threats against them based on their perceived sexual orientation or gender identity. News reports and LGBTI advocates reported numerous arrests, but detainees were in all cases released without formal charges after paying a bond, which was oftentimes nothing more than a bribe. In a report published in October, HRW found no evidence of any SSMPA-based prosecutions. According to HRW, however, the law had become a tool used by police and members of the public to legitimize human rights violations against LGBTI persons such as torture, sexual violence, arbitrary detention, extortion, and violations of due process rights.

In the 12 northern states that adopted sharia, adults convicted of engaging in same-sex sexual activity may be subject to execution by stoning. Sharia courts did not impose such sentences during the year. In previous years individuals convicted of same-sex sexual activity were sentenced to lashing.

In July 2017 police in Lagos arrested approximately 70 individuals, including 13 minors, at a hotel party where police stated homosexual activities took place. In November 2017 the charges against the 13 minors were dismissed without a plea. In December 2017 the 27 adults agreed entered into a plea deal in which they pled guilty to unlawful assembly and were sentenced to time served and 30 days of community service. The hotel owner and two staff members, however, were charged with aiding and abetting homosexual activities in violation of Section 5(2) of the SSMPA, which carries a 10-year sentence if convicted. This was the first time the state had brought formal charges under the SSMPA. The three individuals were released on bail in December 2017, and their cases dismissed in August.

Several NGOs provided LGBTI groups with legal advice and training in advocacy, media responsibility, and HIV/AIDS awareness, as well as providing safe havens for LGBTI individuals. The government and its agents did not impede the work of these groups during the year.

HIV and AIDS Social Stigma

The public considered HIV to be a disease and a result of immoral behavior and a punishment for same-sex sexual activity. Persons with HIV/AIDS often lost their jobs or were denied health-care services. Authorities and NGOs sought to reduce the stigma and change perceptions through public education campaigns.

Other Societal Violence or Discrimination

The ICG reported that at least 1,300 citizens were killed in violence involving herders and farmers. An estimated 300,000 persons were also displaced by the violence. According to ICG, what were once spontaneous attacks have increasingly become premeditated, scorched-earth campaigns driven primarily by competition for land between farmers and herders.

Various reports indicated street mobs killed suspected criminals during the year. In most cases these mob actions resulted in no arrests.

Ritualists who believed certain body parts confer mystical powers kidnapped and killed persons to harvest body parts for rituals and ceremonies. For example, in April police in Ogun State discovered a shrine containing the body of a man allegedly killed for ritual purposes.

Persons born with albinism faced discrimination, were considered bad luck, and were sometimes abandoned at birth or killed for witchcraft purposes.

Pakistan

Executive Summary

Pakistan is a federal parliamentary republic. In July the Pakistan Tehreek-e-Insaf (PTI) party won the most National Assembly seats in the general elections, and in August PTI’s Imran Khan became prime minister. While independent observers noted technical improvements in the Election Commission of Pakistan’s management of the polling process itself, observers, civil society organizations and political parties raised concerns about pre-election interference by military and intelligence agencies that created an uneven electoral playing field. Some political parties also alleged significant polling day irregularities occurred.

The military and intelligence services nominally reported to civilian authorities but essentially operated without effective civilian oversight.

Human rights issues included credible reports of extrajudicial and targeted killings; forced disappearances; torture; arbitrary and lengthy pretrial detention; arbitrary or unlawful interference with privacy; censorship, site-blocking, and arbitrary restrictions on journalists’ freedom of movement; severe harassment and intimidation of and high-profile attacks against journalists and media organizations; government restrictions on freedom of peaceful assembly and association, including overly restrictive nongovernmental organizations (NGO) laws; restrictions on religious freedom and discrimination against members of religious minority groups; restrictions on freedom of movement; corruption within the government; recruitment and use of child soldiers by nonstate militant groups; lack of criminal investigations or accountability for cases related to rape, sexual harassment, so-called honor crimes, female genital mutilation/cutting, and violence based on gender, gender identity and sexual orientation; legal prohibitions of consensual same-sex sexual conduct; forced and bonded labor and transnational trafficking in persons; and the worst forms of child labor.

There was a lack of government accountability, and abuses often went unpunished, fostering a culture of impunity among the perpetrators, whether official or unofficial. Authorities seldom punished government officials for human rights abuses.

Terrorist violence and human rights abuses by nonstate actors contributed to human rights problems. Military, police, and law enforcement agencies continued to carry out significant campaigns against militant and terrorist groups. Nevertheless, violence, abuse, and social and religious intolerance by militant organizations and other nonstate actors, both local and foreign, contributed to a culture of lawlessness. As of December 23, terrorism fatalities stood at 686, in comparison with 1,260 total fatalities in 2017, according to the South Asia Terrorism Portal, a database compiled by the public-interest advocacy organization Institute for Conflict Management, which collects statistics on terrorism and low intensity warfare in South Asia.

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

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

There were numerous reports that the government or its agents committed arbitrary or unlawful killings. Security forces reportedly committed extrajudicial killings in connection with conflicts throughout the country (see section 1.g.).

On January 13, police in Karachi (Sindh) shot and killed a Pashtun man, Naqeebullah Mehsud, in what Karachi police authorities initially claimed was a counterterror operation. According to Mehsud’s family, he had been detained 10 days earlier. Pakistan’s National Commission for Human Rights–an independent government body charged with investigating alleged human rights abuses–concluded police staged a fake raid in order to carry out Mehsud’s extrajudicial killing. Furthermore, the report linked then-Senior Superintendent of Police for Karachi’s Malir District, Rao Anwar, to the deaths of at least 444 individuals in similar staged police encounters. The Supreme Court ordered Sindh’s Police Inspector General to conduct an immediate inquiry into the killing and Anwar’s role. Authorities removed Anwar from his position. He fled and was eventually arrested. He was subsequently released on bail, and his trial was ongoing as of December 3.

Physical abuse while in official custody allegedly caused the death of some criminal suspects. Lengthy trial delays and failure to discipline and prosecute those responsible for killings contributed to a culture of impunity. In February police officers in Rawalpindi reportedly entered a home without a warrant, detained a resident, and beat him to death while in custody at a police station. The four officers who entered the young man’s home without a warrant were suspended from duty pending an investigation of the incident, but it was unclear as of November whether any further action was taken in the case.

On January 10, police in Kasur (Punjab) reportedly fired live rounds into a crowd that stormed a police station in protest against a series of unsolved rapes and killings of children in the district. Two civilians died and one was wounded in the incident. Police officials claimed protesters shot first at police.

There were numerous reports of fatal attacks against police. On January 9, a vehicle rammed a police checkpoint outside the Balochistan Provincial Assembly, killing five police officers in the resulting explosion. Tehreek-e-Taliban Pakistan (TTP) claimed responsibility, saying the police–not the Assembly–were the intended targets. In March, three police officers were killed when an improvised explosive device (IED) targeted a police convoy in Punjab province. On April 24, 10 police officers died in three separate suicide attacks in Balochistan. Hizbul Ahrar, a TTP splinter group, claimed responsibility for all three attacks. In August, two terrorists attacked a police checkpoint in the Gilgit Baltistan region, killing three police officers.

Militants and terrorist groups killed hundreds and injured thousands with bombs, suicide attacks, and other violence (see section 1.g.).

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

Some domestic and international human rights groups operated without significant government restriction, investigating and publishing their findings on human rights cases. The government increasingly restricted the operating ability of NGOs, however. Some groups that implicated the government, military, or intelligence services in misdeeds or worked on issues related to conflict areas or advocacy reported their operations were at times restricted. These groups faced numerous regulations regarding travel, visas, and registration that hampered their efforts to program and raise funds. International staff members of organizations, including those from the few successfully registered INGOs, continued to face delays or denials in the issuance of visas and no-objection certificates for in-country travel. The domestic NGO registration agreement with the government requires NGOs to “not use controversial terms like Peace and Conflict Resolution, IDPs, etc. in your annual reports or any other documents/correspondence/agreements,” and prevents NGOs from employing individuals of Indian or Israeli nationality or origin. Few NGOs had access to certain parts of KP, the former FATA, and certain areas in Balochistan.

Government Human Rights Bodies: The 2012 National Commission for Human Rights Bill authorized the establishment of an independent committee, the National Commission on Human Rights, and a standalone Ministry of Human Rights was reconstituted in 2015. The Senate and National Assembly standing committees on law, justice, minorities, and human rights held hearings on a range of human rights problems.

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

Women

Rape and Domestic Violence: Rape is a criminal offense, with punishment that ranges from a minimum of 10 to 25 years in prison and a fine, to the death penalty. The penalty for gang rape is death or life imprisonment. The law does not explicitly criminalize spousal rape, and defines rape as a crime committed by a man against a woman. Although rape was frequent, prosecutions were rare. In 2016 Parliament passed an antirape law that provides for collection of DNA evidence and includes nondisclosure of a rape victim’s name, the right to legal representation of rape victims, and enhanced penalties for rape of victims with mental or physical disabilities.

The government did not effectively enforce the 2006 Women’s Protection Act, which brought the crime of rape under the jurisdiction of criminal rather than Islamic courts. By law police are not allowed to arrest or hold a female victim overnight at a police station without a civil court judge’s consent. The law requires a victim to complain directly to a sessions court, which is considered a trial court for heinous offenses. After recording the victim’s statement, the sessions court judge officially lodges a complaint, after which police may then make arrests. NGOs reported the procedure created barriers for rape victims who could not afford to travel to or access the courts. NGOs reported that rape was a severely underreported crime.

In 2016 the provincial government of Punjab passed the Punjab Protection of Women against Violence Act to provide greater legal protections for domestic abuse victims, including judicial protective orders and access to a new network of district-level women’s shelters, the first of which was inaugurated in Multan in March 2017. The center provided women a range of services including assistance with the completion of first information reports regarding the crimes committed against them, first aid, medical examinations, post-trauma rehabilitation, free legal services, and a shelter home.

There were no reliable national, provincial, or local statistics on rape due to underreporting and a lack of any centralized law enforcement data collection system.

Prosecutions of reported rapes were rare, although there were reports that rates increased in response to capacity building programs and campaigns to combat the lack of awareness about rape and gender-based violence among the general public and police. Police and NGOs reported individuals involved in other types of disputes sometimes filed false rape charges, reducing the ability of police to identify legitimate cases and proceed with prosecution. NGOs reported police sometimes accepted bribes from perpetrators, abused or threatened victims, and demanded they drop charges, especially when suspected perpetrators were influential community leaders. Some police demanded bribes from victims before registering rape charges, and investigations were often superficial. Furthermore, accusations of rape were often resolved using extrajudicial measures, with the victim frequently forced to marry her attacker.

The use of post-rape medical testing increased, but medical personnel in many areas did not have sufficient training or equipment, which further complicated prosecutions. Most victims of rape, particularly in rural areas, did not have access to the full range of treatment services. There were a limited number of women’s treatment centers, funded by both the federal government and international donors. These centers had partnerships with local service providers to create networks that delivered a full spectrum of essential services to rape victims.

No specific federal law prohibits domestic violence, which was widespread. Forms of domestic violence reportedly included beating, physical disfigurement, shaving of women’s eyebrows and hair, and–in extreme cases–homicide. In-laws frequently abused and harassed the wives of their sons. Dowry and other family-related disputes sometimes resulted in death or disfigurement by burning or acid.

Women who tried to report abuse often faced serious challenges. Police and judges were sometimes reluctant to take action in domestic violence cases, viewing them as family problems. Instead of filing charges, police typically responded by encouraging the parties to reconcile. Authorities routinely returned abused women to their abusive family members.

To address societal norms that disapprove of victims who report gender-based violence and abuse, the government established women’s police stations, staffed by female officers, to offer women a safe place to report complaints and file charges. These women’s police stations, however, were limited in number and, as with most police stations, faced financial and human resource shortages.

The government continued to operate the Crisis Center for Women in Distress, which referred abused women to NGOs for assistance. Numerous government-funded Shaheed Benazir Bhutto Centers for Women across the country provided legal aid, medical treatment, and psychosocial counseling. These centers served women who were victims of exploitation and violence. Victims later were referred to dar-ul-amans, shelter houses for abused women and children, of which there were several hundred around the country. The dar-ul-amans also provided access to medical treatment. According to NGOs, the shelters did not offer other assistance to women, such as legal aid or counseling, and often served as halfway homes for women awaiting trial for adultery, even though they were the victims of rape and domestic abuse.

Government centers lacked sufficient space, staff, and resources. Many daru-ul-amans were severely overcrowded, with conditions that did not meet international standards. Some shelters did not offer access to basic needs such as showers, laundry supplies, or feminine hygiene products. In some cases, women were reportedly abused at the government-run shelters, their movements were severely restricted, or they were pressured to return to their abusers. There were some reports of women exploited in prostitution and sex trafficking in shelters. Some shelter staff reportedly discriminated against the shelter residents, assuming that if a woman fled her home, it was because she was a woman of ill repute.

Female Genital Mutilation/Cutting (FGM/C): No national law addresses the practice of FGM/C. According to human rights groups and media reports, many Dawoodi Bohra Muslims practiced various forms of FGM/C. Some Dawoodi Bohras spoke publicly and signed online petitions against the practice. Some other isolated tribes and communities in rural Sindh and Balochistan also reportedly practiced FGM/C.

Other Harmful Traditional Practices: Women were victims of various types of societal violence and abuse, including so-called honor killings, forced marriages and conversions, imposed isolation, and being used as chattel to settle tribal disputes.

A 2004 law on honor killings, the 2011 Prevention of Antiwomen Practices Act, and the 2016 Criminal Law Amendment (Offenses in the Name or Pretext of Honor) Act criminalize acts committed against women in the name of traditional practices. Despite these laws, hundreds of women reportedly were victims of so-called honor killings, and many cases went unreported and unpunished. In many cases, the male involved in the alleged “crime of honor” was allowed to flee. Because these crimes generally occurred within families, many went unreported. Police and NGOs reported that increased media coverage enabled law enforcement officials to take some action against these crimes.

On April 6, in Khairpur, Sindh, a man killed his pregnant sister after she married a man from another caste. The killing occurred the day before the victim was scheduled to appear before a local Jirga on accusations of “impurity.” On March 14, a man in Badin District in southern Sindh killed his wife, claiming she “did not maintain good character.” In July a police constable in KP’s Mustarzai village electrocuted his wife to death in an apparent “honor” killing. Authorities arrested the accused but it was unclear if a legal case was registered against him. In September, an 18-year-old girl and her 21-year-old boyfriend were beheaded by the girl’s father and uncle in what media reports described as an honor killing. Police arrested both suspects and registered a murder case against them.

There were reports that the practice of cutting off a woman’s nose or ears, especially in connection with so-called honor crimes, continued and legal repercussions were rare.

In 2017 Parliament passed the federal Hindu Marriage Act. The national law codified the legal mechanisms to register Hindu marriages and to prove the legitimacy of Hindu marriages under the law. Leaders in the Hindu community said they generally viewed the legislation as a positive step toward preventing forced marriages of Hindus to Muslims, but the law contained one worrisome provision allowing for the termination of the marriage upon the conversion of one party to a religion other than Hinduism. A similar provision was included in Sindh’s 2016 Hindu Marriage Act.

The 2011 Prevention of Antiwomen Practices Amendment Act criminalizes and punishes the giving of a woman in marriage to settle a civil or criminal dispute; depriving a woman of her rights to inherit movable or immovable property by deceitful or illegal means; coercing or in any manner compelling a woman to enter into marriage; and compelling, arranging, or facilitating the marriage of a woman with the Quran, including forcing her to take an oath on the Quran to remain unmarried or not to claim her share of an inheritance. Although prohibited by law, these practices continued in some areas.

The law makes maiming or killing using a corrosive substance a crime and imposes stiff penalties against perpetrators. As with other laws, these measures are not applicable in the former FATA and PATA unless the president issues a notification to that effect. There were numerous acid attacks on women across the country, with few perpetrators brought to justice.

The 2012 National Commission on the Status of Women Bill provides for the commission’s financial and administrative autonomy to investigate violations of women’s rights. According to women’s rights activists, however, the commission lacked resources.

Sexual Harassment: Although several laws criminalize sexual harassment in the workplace and public sphere, the problem was reportedly widespread. The law requires all provinces to have provincial-level ombudsmen. The Sindh, Punjab, and KP provinces, and Gilgit-Baltistan had established ombudsmen.

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

Discrimination: The law prohibits discrimination based on sex, but authorities did not enforce it. Women also faced discrimination in employment, family law, property law, and the judicial system. Family law provides protection for women in cases of divorce, including requirements for maintenance, and sets clear guidelines for custody of minor children and their maintenance.

The law entitles female children to one-half the inheritance of male children. Wives inherit one-eighth of their husbands’ estates. Women often received far less than their legal entitlement.

Children

Birth Registration: Citizenship is derived by birth in the country, although for children born abroad after 2000, citizenship may be derived by descent if either the mother or the father is a citizen and the child is registered with the proper authorities (see section 2.d.).

Education: The constitution mandates compulsory education, provided free of charge by the government, to all children between the ages of five and 16. Despite this provision, government schools often charged parents for books, uniforms, and other materials.

Medical Care: Boys and girls had equal access to government facilities, although families were more likely to seek medical assistance for boys than for girls.

Child Abuse: Child abuse was widespread. Employers, who in some cases were relatives, abused young girls and boys working as domestic servants by beating them and forcing them to work long hours. Many such children were human trafficking victims.

Local authorities subjected children to harmful traditional practices, treating girls as chattel to settle disputes and debts.

In 2016 the government updated its definition of statutory rape and expanded the previous definition, which was sexual intercourse with a girl younger than 16, to include boys.

Early and Forced Marriage: Despite legal prohibitions, child marriages occurred. Federal law sets the legal age of marriage at 18 for men and 16 for women. The 2014 Sindh Child Marriage Restraint Act sets 18 as the legal age of marriage for both girls and boys in Sindh Province. A February 2017 amendment to the penal code substantially increased punishment for violators of the law. Under the amendment, violators may be imprisoned for up to 10 years and no less than five years (up from imprisonment of up to one month), and may also be fined up to one million rupees ($7,200), up from 1,000 rupees (seven dollars).

In 2014 the Council of Islamic Ideology declared child marriage laws to be un-Islamic and noted they were “unfair and there cannot be any legal age of marriage.” The council stated that Islam does not prohibit underage marriage since it allows the consummation of marriage after both partners reach puberty. Decisions of the Council are nonbinding.

According to a 2017 nationally representative Gallup survey, 24.7 percent of women were married before the age of 18. In rural areas, poor parents sometimes sold their daughters into marriage, in some cases to settle debts or disputes. Although forced marriage is a criminal offense and many cases were filed, prosecution remained limited.

Sexual Exploitation of Children: In 2016 Parliament amended the criminal code to protect children further from specific crimes of child pornography, sexual abuse, seduction, and cruelty. The 1961 Suppression of Prostitution Ordinance and portions of the penal code are intended to protect children from sexual exploitation though socioeconomic vulnerabilities led to the sexual exploitation of children, including sex trafficking, and authorities did not regularly enforce these laws. Child pornography is illegal under obscenity laws.

Infanticide or Infanticide of Children with Disabilities: According to NGO reports, more than 350 dead infants were discovered in garbage dumps between January 2017 and April 2018, and about 99 percent of the victims were infant girls. By law anyone found to have abandoned an infant may be imprisoned for seven years, while anyone guilty of secretly burying a deceased child may be imprisoned for two years. Murder is punishable by life imprisonment, but authorities rarely prosecuted the crime of infanticide.

Displaced Children: According to civil society sources, it was difficult for children formerly displaced by military operations to access education or psychological support upon their return to former conflict areas. More than 1,800 schools in the former FATA districts–to which large numbers of IDPs have returned–were reportedly closed due to damage or local communities’ fear of terrorist attacks on schools. The government prioritized rehabilitating schools and enrolling children in these former conflict areas, however, and the overall number of out-of-school children decreased according to international organizations.

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

Anti-Semitism

There is a very small Jewish population in the country. Anti-Semitic sentiments were widespread in the vernacular press. Hate speech broadcast by traditional media and through social media derogatorily used terms such as “Jewish agent” to attack individuals and groups. During the year’s election campaign season, some religious political party leaders alleged that then candidate Imran Khan was “an agent of the Jewish lobby,” referencing Khan’s former marriage to Jemima Goldsmith. During protests in August and September against a planned Dutch cartoon contest focused on the Prophet Mohammed, some religious groups justified the country’s blasphemy laws by comparing them to Holocaust denial laws in Europe. During the protests, Islami Jamiat-e-Talaba, the student wing of the Islamist Jamaat-e-Islami party, proposed a Holocaust cartoon contest on social media, which resulted in its social media followers sharing images of Nazis and swastikas.

Trafficking in Persons

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

Persons with Disabilities

The law provides for equal rights for persons with disabilities, but authorities did not always implement its provisions. After the Ministry of Social Welfare and Special Education was dissolved in 2011, its affiliated departments–including the Directorate General for Special Education, the National Council for the Rehabilitation of the Disabled, and the National Trust for the Disabled–were transferred to the Capital Administration and Development Division. The special education and social welfare offices, which devolved to the provinces, are responsible for protecting the rights of persons with disabilities.

Each province has a department or office legally tasked with addressing the educational needs of persons with disabilities. Despite these provisions, however, most children with disabilities did not attend school, according to civil society sources.

Employment quotas at the federal and provincial levels require public and private organizations to reserve at least 2 percent of jobs for qualified persons with disabilities. Authorities only partially implemented this requirement due to lack of adequate enforcement mechanisms. Organizations that did not wish to hire persons with disabilities could instead pay a fine to a disability assistance fund. Authorities rarely enforced this obligation. The National Council for the Rehabilitation of the Disabled provided job placement and loan facilities as well as subsistence funding. Voting was challenging for persons with disabilities, however, because of severe difficulties in obtaining transportation and access to polling stations. The Elections Act 2017 allows for mail-in voting for persons with disabilities. In order to register for a mail-in ballot, however, persons with disabilities were required to obtain an identification card with a special physical disability symbol. According to disability rights activists, the multistep process for obtaining the special ID symbol was cumbersome and challenging. The Election Commission of Pakistan issued a directive for 2018 general election polling stations to be installed on ground floors when possible and to be equipped with ramps in order to facilitate access for persons with disabilities, but election observers reported that 72 percent of polling stations were not accessible for persons with disabilities.

On May 25, the Sindh Provincial Assembly passed the Sindh Empowerment of Persons with Disabilities Act. The provincial law recognizes a wider range of disabilities, and guarantees the right to inclusive education at all levels in both public and private educational institutions. It also mandates that public spaces and new buildings conform to accessibility standards.

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

Consensual same-sex sexual conduct is a criminal offense. The penalty for same-sex relations is a fine, two years’ to life imprisonment, or both. Lesbian, gay, bisexual, male transgender, and intersex persons rarely revealed their sexual orientation or gender identity. There were communities of openly transgender women, but they were marginalized and were frequently the targets of violence and harassment.

Violence and discrimination continued against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. The crimes often go unreported, and the police generally take little action when they do receive reports. Outreach by NGOs in KP, however, improved interactions between police and the transgender community there.

According to a wide range of LGBT NGOs and activists, society generally shunned transgender women, eunuchs, and intersex persons, collectively referred to as “hijras”–a word some transgender individuals view as pejorative, preferring the term “khawaja sira”–who often lived together in slum communities and survived by begging and dancing at carnivals and weddings. Some also were prostitutes. Local authorities often denied transgender individuals their share of inherited property, and admission to schools and hospitals. Landlords frequently refused to rent or sell property to transgender persons. On May 9, Parliament passed the landmark Transgender Persons (Protection of Rights) Act, 2018, which addresses many of these problems. The law accords the right of transgender individuals to be recognized according to their “self-perceived gender identity,” guarantees basic rights, and prohibits harassment of transgender persons, and outlaws discrimination against them in employment, housing, education, healthcare, and other services.

A 2012 Supreme Court ruling allows transgender individuals to obtain national identification cards listing a “third gender.” Because national ID cards also serve as voter registration, the ruling enabled transgender individuals to participate in elections, both as candidates and voters. The Election Commission of Pakistan and the National Database and Registration Authority, with support from international donors, conducted an identification card and voter registration drive prior to the July general elections. Thirteen transgender candidates ran in the elections, although none were elected. Election observers and the transgender community reported incidents of harassment of transgender voters on election day, and the Sindh Home Department reportedly confiscated the Election Commission of Pakistan accreditation cards of 25 transgender observers citing security concerns. A Free and Fair Election Network report, which included observations of 125 transgender election observers, noted that in Islamabad, Lahore, and Karachi law enforcement officials were largely helpful and gave preferential treatment to transgender voters. In Peshawar and Quetta, by contrast, transgender voters faced harassment.

HIV and AIDS Social Stigma

The country continued to have a concentrated HIV epidemic with an estimated prevalence among the general population at less than 0.1 percent. The epidemic was concentrated among key populations, primarily injecting drug users. For all key populations, stigma and discrimination by the general population and by health-care providers in particular remained a significant barrier to treatment access.

Other Societal Violence or Discrimination

Societal violence due to religious intolerance remained a serious problem. There were occasionally reports of mob violence against religious minorities, including Christians, Ahmadiyya Muslims, Hindus, and Shia Muslims.

Members of the Hazara ethnic minority, who are Shia Muslim, continued to face discrimination and threats of violence in Quetta, Balochistan. According to press reports and other sources, Hazara were unable to move freely outside of Quetta’s two Hazara-populated enclaves. Community members complained that increased security measures had turned their neighborhoods into ghettos, resulting in economic exploitation. Consumer goods in those enclaves were available only at inflated prices, and Hazaras reported an inability to find employment or pursue higher education. They also alleged government agencies discriminated against Hazaras in issuing identification cards and passports. To avoid causing violent incidents, authorities confined Shia religious processions to the Hazara enclaves.

Philippines

Executive Summary

The Philippines is a multi-party, constitutional republic with a bicameral legislature. President Rodrigo Roa Duterte, elected in May 2016, began his constitutionally limited six-year term in June 2016. The 2016 presidential election was generally seen as free and fair. Barangay (village) and youth council elections originally scheduled for 2016 were twice postponed but ultimately held in May. These, too, were generally free and fair, although there were reports of violence and vote buying.

Civilian control over the Philippine National Police (PNP) continued to improve but was not fully effective.

Extrajudicial killings have been the chief human rights concern in the country for many years and, after a sharp rise with the onset of the antidrug campaign in 2016, they continued in the reporting year, albeit at a lower level. From January to September 29, media chronicled 673 deaths in police operations suspected to be connected with the government’s antidrug campaign. The PNP Internal Affairs Service (IAS) is required to investigate all deaths or injuries committed in the conduct of a police operation. IAS claimed it began investigations of all reported extrajudicial killings. There were no reports that civilian control over other security forces was inadequate.

Human rights issues included unlawful or arbitrary killings by security forces, vigilantes, and others allegedly connected to the government, and by insurgents; forced disappearance; torture; arbitrary detention; harsh and life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; criminal libel; killings of and threats against journalists; official corruption and abuse of power; and the use of forced and child labor.

The government investigated a limited number of reported human rights abuses, including abuses by its own forces, paramilitaries, and insurgent and terrorist groups. Concerns about police impunity increased significantly following the sharp increase in killings by police in 2016. President Duterte publicly rejected criticism of alleged police killings, but said authorities would investigate any actions taken outside the rule of law. Significant concerns persisted about impunity of civilian national and local government officials and powerful business and commercial figures. Slow judicial processes remained an obstacle to bringing government officials allegedly involved in human rights abuses to justice.

Muslim separatists, communist insurgents, and terrorist groups continued to attack government security forces and civilians, causing displacement of civilians and resulting in the deaths of security force members and civilians. Terrorist organizations engaged in kidnappings for ransom, bombings of civilian targets, beheadings, and the use of child soldiers in combat or auxiliary roles. The government called off negotiations with the National Democratic Front of the Philippines, the political arm of the communist New People’s Army, in June, but continued to explore ways to resume talks.

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

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

There were numerous reports that government security agencies and their informal allies committed arbitrary or unlawful killings in connection with the government-directed campaign against illegal drugs. Killings of activists, judicial officials, local government leaders, and journalists by antigovernment insurgents and unknown assailants also continued.

From July 2016 to July 2018, law enforcement agencies reported that an average of six persons died daily in antidrug operations. The 105,658 antidrug operations conducted from July 2016 to September 2018 led to the deaths of 4,854 civilians and 87 members of the security forces. Government data on the antidrug campaign were provided through #RealNumbersPH, operated by the Inter-Agency Committee on Anti-Illegal Drugs. In an illustrative case, an unknown gunman shot and killed Tanauan City Mayor Antonio Halili during a flag ceremony at city hall on July 2. Mayor Halili was on the president’s “narco list” and known for his “Walk of Shame” parade for drug suspects. Three other mayors and two vice-mayors were killed in similar incidents.

The reported number of alleged extrajudicial killings varied widely, since government and nongovernmental organizations (NGOs) used different definitions. The Commission on Human Rights (CHR), an independent government agency responsible for investigating alleged human rights violations, investigated 301 new complaints of alleged extrajudicial or politically motivated killings involving 387 victims as of August, including 70 cases of drug-related extrajudicial killings involving 90 victims. The CHR suspected PNP or Philippine Drug Enforcement Agency (PDEA) involvement in 208 of these new complaints and the armed forces (AFP) or paramilitary personnel in 19 cases. The CHR attributed the higher number of investigations of extrajudicial killings to an increase in investigations initiated on its own authority based on monitoring news reports, reports to the CHR in social media, or information received following CHR outreach efforts.

The PNP’s Task Force Usig, responsible for investigating and monitoring killings of members of the press, labor activists, and foreigners, opened no new cases from January to July.

The NGO Task Force Detainees of the Philippines (TFDP), which documented cases of alleged state perpetrated, politically motivated killings carried out by unspecified security forces, was unable to provide data for the reporting year. The TFDP covered such cases separately from killings in the antidrug campaign.

President Duterte continued his anticrime campaign, specifically targeting the widespread trafficking and abuse of illegal narcotics. Fatalities fell dramatically following the PNP’s suspension of the counternarcotics campaign in accordance with a presidential memorandum in October 2017. The president reversed the suspension in December 2017 and reported extrajudicial killings increased, but to a lower level than prior to the suspension. On July 23, in his State of the Nation Address, the president reiterated that the drug war was “far from over” and would continue to be “relentless and chilling.” In specific cases President Duterte commented that if police were found to be corrupt, they should go to jail, or that he would deploy a “special unit” of officers to hunt and kill them.

Civil society organizations accused police of planting evidence, tampering with crime scenes, unlawfully disposing of the bodies of drug suspects, and other actions to cover up extrajudicial killings. The CHR reported that the PNP refused to share information on investigations into police and vigilante killings, as required by the constitution. The Supreme Court ruled that the PNP must turn over documents. The PNP indicated in May that it had turned over 95 percent of the required records to the solicitor general, although it was not clear whether these records were subsequently turned over to the Supreme Court.

President Duterte continued to maintain lists of suspected drug criminals, including government, police, military officials, and members of the judiciary. Many viewed the list as an implied threat. The list now includes 96 politicians. PDEA Chief Aaron Aquino reported in July that the president would no longer publicly announce the names on the list because of “complications” that followed doing so.

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

A number of domestic and international human rights groups operated in the country, investigating and publishing their findings on human rights cases. Government officials were under pressure not to cooperate or respond to the views of international human rights organizations. Local human rights activists continued to encounter occasional harassment, mainly from security forces or local officials from areas in which incidents under investigation occurred.

The United Nations or Other International Bodies: A number of UN special rapporteur or working group visit requests remained pending. In February the Prosecutor of the International Criminal Court (ICC) announced the opening of a preliminary examination of potential crimes, including extrajudicial and other killings, allegedly committed since July 1, 2016 in the government’s antidrug campaign. In a March speech, President Duterte ordered security forces not to respond to any probe or investigation requests on human rights abuses in the country. In March the country submitted a formal notification of withdrawal from the ICC’s Rome Statute, which will take effect one year after the notification.

In March a list of hundreds of individuals allegedly associated with the communist insurgency was included in a Department of Justice court filing seeking judicial affirmation of the government’s designation of the Communist Party of the Philippines/NPA as a terrorist organization. The list included UN Special Rapporteur on the Rights of Indigenous Peoples Victoria Tauli-Corpuz (a Filipina) and some other individuals identified by international NGOs as human rights defenders. In August a Manila regional trial court removed Tauli-Corpuz and three others from the list.

Government Human Rights Bodies: The CHR’s constitutional mandate is to protect and promote human rights; investigate all human rights violations, including those reported by NGOs; and monitor government compliance with international human rights treaty obligations. Approximately three-quarters of the country’s 42,000 villages had human rights action centers that coordinated with CHR regional offices. Nevertheless, the CHR lacked sufficient funding and staff to investigate and follow up on all cases presented to its regional and subregional offices.

The Office of the Ombudsman is an independent agency that responds to complaints about public officials and employees. It has the authority to make administrative rulings and seek prosecutions. Many human rights NGOs believed this office’s casework improved under the Ombudsman whose term ended in July, although administrative and institutional weaknesses remained. Samuel Martires, the new Ombudsman, began his nonrenewable seven-year term in July.

The Presidential Human Rights Committee serves as a multiagency coordinating body on human rights problems. The committee’s responsibilities include compiling the government’s submission for the UN Universal Periodic Review. Many NGOs considered it independent but with limited ability to influence human rights policy.

The Regional Human Rights Commission is a constitutionally mandated body tasked with monitoring alleged human rights violations in the Autonomous Region of Muslim Mindanao (Bangsamoro). The commission’s effectiveness remained unclear.

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

Women

Rape and Domestic Violence: Rape, including spousal rape, is illegal, with penalties ranging from 12 to 40 years’ imprisonment with pardon or parole possible only after 30 years’ imprisonment. Conviction can also result in a lifetime ban from political office. Penalties for forcible sexual assault range from six to 12 years’ imprisonment. The law criminalizes physical, sexual, and psychological harm or abuse to women and children committed by spouses, partners, or parents. Penalties depend on the severity of the crime and may include imprisonment or fines.

Authorities generally took reports of rape seriously. In August a witness reported a rape and murder to authorities. Authorities asked the witness to identify the suspects, which he did, and police arrested the suspects in less than 24 hours. In another example police acting on a tip arrested a man with an outstanding warrant for seven counts of rape in 1999. NGOs noted that in smaller localities perpetrators of abuse sometimes used personal relationships with local authorities to avoid prosecution.

Statistics were unavailable on prosecutions, convictions, and punishments for cases filed by the PNP, but difficulty in obtaining rape convictions remained a challenge to effective enforcement. Moreover, NGOs report that because of cultural and social stigmatization, many women did not report rape or domestic violence. Reports of rape and sexual abuse of women in police or protective custody continued; the Center for Women’s Resources stated that 16 police officers were involved in eight rape cases from January 2017 to July 2018.

Cases of rape reported to the Social Welfare Department (DSWD) declined 12 percent from 2016 to 2017, to 7,584. The DSWD provided shelter, counseling, and health services to female survivors of rape.

Domestic violence against women remained a serious and widespread problem. As of July the PNP reported 14,899 cases of domestic violence against women and children. The great majority of these cases involved physical, psychological, and sexual abuse, and the number included 1,139 female victims of trafficking in persons. The DSWD also assisted women victims of other abuses, including emotional and economic battery.

The PNP and the DSWD both maintained help desks to assist survivors of violence against women and to encourage reporting. From January to June, the DSWD reported assisting 47,268 women categorized as “in especially difficult circumstances,” significantly fewer than in the same period the year before. DSWD staff attributed the decline to budget cuts. With the assistance of NGOs, the CHR, and the Philippine Commission on Women, law enforcement officers continued to receive gender sensitivity training to deal with victims of sexual crimes and domestic violence. The PNP maintained a women and children’s unit in 1,802 police stations throughout the country with 1,918 help desks to deal with abuse cases. The PNP assigned 4,843 officers to the desks nationwide, almost 98 percent of them women. The law provides 10 days of paid leave for domestic violence victims.

Sexual Harassment: The law prohibits sexual harassment, and violations are punishable by imprisonment from one to six months, a fine of from 10,000 to 20,000 pesos ($187-374), or both.

Sexual harassment remained widespread and underreported, including in the workplace due to victims’ fear of losing their jobs. A 2016 Social Weather Stations study showed that 60 percent of women in Metro Manila were harassed at least once in their lifetime.

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

Discrimination: In law but not always in practice, women have most of the rights and protections accorded to men, and the law seeks to eliminate discrimination against women. The law accords women the same property rights as men. In Muslim and indigenous communities, however, property ownership law or tradition grants men more property rights than women.

The CHR and others alleged that multiple statements by President Duterte incited violence against women. One example included Duterte telling soldiers to shoot NPA women in their genitals.

No law mandates nondiscrimination based on gender in hiring, although the law prohibits discrimination in employment based on sex. Nonetheless, women continued to face discrimination on the job as well as in hiring (see section 7.d.).

The law does not provide for divorce. Legal annulments and separation are possible, and courts generally recognized foreign divorces if one of the parties was a foreigner. These options, however, are costly, complex, and not readily available to the poor. The Office of the Solicitor General is required to oppose requests for annulment under the constitution. Informal separation is common, but brings with it potential legal and financial problems. Muslims have the right to divorce under Muslim family law.

Children

Birth Registration: Citizenship derives from birth to a citizen parent and, in certain circumstances, from birth within the country’s territory to alien parents. The government promoted birth registration, and authorities immediately registered births in health facilities. Births outside of facilities were less likely to be registered promptly, if at all. NGOs previously estimated that more than 2.5 million children were unregistered, primarily among Muslim and indigenous groups. The Department of Social Welfare continued working closely with local governments to improve registration; the Philippines Statistics Authority operated mobile birth registration units to reach rural areas. The lack of a birth certificate does not generally result in a denial of education or other services, but may cause delays in some circumstances, for example if a minor becomes involved in the court system.

Education: Education is free and compulsory through age 18, but the quality of education was often poor, and access difficult, especially in rural areas where substandard infrastructure makes traveling to school challenging.

Child Abuse: Child abuse remained a problem. Department of Welfare statistics indicated that approximately 70 percent of child abuse victims were girls. Several cities ran crisis centers for abused women and children.

Early and Forced Marriage: The legal minimum age for marriage for both sexes is 18 years; anyone younger than 21 must have parental consent. Under Muslim personal law, Muslim boys may marry at 15 and girls may marry when they reach puberty.

Sexual Exploitation of Children: The law prohibits the commercial exploitation of children and child pornography and defines purchasing commercial sex acts from a child as a trafficking offense. The statutory rape law criminalizes sex with minors under 12 and sex with a child under 18 involving force, threat, or intimidation. The maximum penalty for child rape is 40 years in prison plus a lifetime ban from political office. The production, possession, and distribution of child pornography are illegal, and penalties range from one month to life in prison, plus fines of from 50,000 to five million pesos ($935 to $93,500), depending on the gravity of the offense.

While authorities endeavored to enforce the law, inadequate prosecutorial resources and computer evidence analysis were challenges to enforcing the law effectively. The government made serious efforts to address this crime and collaborated with foreign law enforcement, NGOs, and international organizations. Despite the penalties, law enforcement agencies and NGOs reported that criminals and family members continued to use minors unlawfully in the production of pornography and in cybersex activities. The country remained the top global internet source of online child pornography.

Child prostitution continued to be a serious problem as well, and the country remained a destination for foreign and domestic child sex tourists. The government continued to prosecute accused pedophiles and deport those who were foreigners. Additionally, the live internet broadcast of young Filipino girls, boys, and sibling groups performing sex acts for paying foreigners continued. To reduce retraumatization of child victims and spare children from having to testify, the government increased its use of plea agreements in online child sexual exploitation cases. In June, for example, two foreign pedophiles pled guilty 37 days after their arrest. The National Bureau of Investigation and the PNP worked closely with the labor department to target and close facilities suspected of prostituting minors. The PNP reported 93 child trafficking cases involving 196 persons. Of the total, 56 were victims of prostitution while 24 involved online sexual exploitation of children.

Displaced Children: While there are no recent, reliable data, involved agencies and organizations agreed that there are hundreds of thousands of street children in the country. The problem was endemic nationwide and encompassed local children and the children of IDPs, asylum seekers, and refugees. Many street children were involved in begging, garbage scavenging, and petty crime.

Service agencies, including the DSWD, provided residential and community-based services to thousands of street children nationwide, including in a limited number of residential facilities and the growing Comprehensive Program for Street Children, Street Families, and Indigenous Peoples. This program included activity centers, education and livelihood aid, and community service programs.

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

Anti-Semitism

An estimated 2,000 persons of Jewish heritage, almost all foreign nationals, lived in the country. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The constitution prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. In June, President Duterte signed the Philippine Mental Health Law aimed at providing affordable and accessible mental health services. Other laws provide for equal access for persons with disabilities to all public buildings and establishments.

The National Council for Disability Affairs formulated policies and coordinated the activities of government agencies for the rehabilitation, self-development, and self-reliance of persons with disabilities and their integration into the mainstream of society.

The law was not effectively enforced, and many barriers remained for persons with disabilities. Advocates for persons with disabilities contended that equal access laws were ineffective due to weak implementing regulations, insufficient funding, and inadequately focused integrative government programs. The great majority of public buildings remained inaccessible to persons with physical disabilities. Many schools had architectural barriers that made attendance difficult for persons with disabilities. Government efforts to improve access to transportation for persons with disabilities were limited.

Persons with disabilities continued to face discrimination and other challenges in finding employment (see section 7.d.).

Some children with disabilities attended schools in mainstream or inclusive educational settings. The Department of Education’s 648 separate education centers did not provide nationwide coverage, and the government lacked a clear system for informing parents of children with disabilities of their educational rights and did not have a well defined procedure for reporting discrimination in education.

From January to June, the DSWD provided services to 3,374 persons with disabilities in assisted-living centers and community based vocational centers nationwide, significantly more than reported in 2017. If a person with disabilities suffered violence, access to after-care services was available through the DSWD, crisis centers, and NGOs. Of local government units, 60 percent had a Persons with Disability Office to assist in accessing services including health, rehabilitation, and education.

The constitution provides for the right of persons with physical disabilities to vote. The Commission on Elections determines the capacity of persons with mental disabilities to vote during the registration process, and citizens may appeal exclusions and inclusions in court. A federal act authorizes the commission to establish accessible voting centers exclusively for persons with disabilities and senior citizens.

Indigenous People

Although no specific laws discriminate against indigenous people, the geographical remoteness of the areas many inhabit and cultural bias prevented their full integration into society. Indigenous children often suffered from lack of health care, education, and other basic services. Government officials indicated that approximately 80 percent of the country’s government units complied with the long-standing legal requirement that indigenous peoples be represented in policy making bodies and local legislative councils.

The National Commission on Indigenous Peoples, a government agency staffed by tribal members, was responsible for implementing constitutional provisions to protect indigenous peoples. It has authority to award certificates identifying “ancestral domain lands” based on communal ownership, thereby stopping tribal leaders from selling the land. Additionally, the commission studies “ancestral sea” claims, since some indigenous groups, such as the Sama-Bajau, who customarily lived in western Mindanao, traditionally practiced migratory fishing. No “ancestral sea” claims were approved, and the lack of access to traditional fishing grounds contributed to the displacement of many Sama-Bajau.

Armed groups frequently recruited from indigenous populations. Indigenous peoples’ lands were also often the site of armed encounters related to resource extraction or intertribal disputes, which sometimes resulted in displacement or killings. In December 2017, eight Lumad persons were killed in a firefight with the AFP in South Cotabato, Mindanao. An internal AFP investigation reported that the army had responded to valid reports of 25 armed NPA members encamped near the Lumad lands to recruit members from the group. The NGO network Karapatan filed a complaint with the CHR, alleging the AFP massacred the Lumads who were simply defending their ancestral lands. The CHR investigation was underway as of November.

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

National laws neither criminalize consensual same-sex sexual conduct among adults nor prohibit discrimination based on sexual orientation and gender identity. Eighteen cities, six provinces, three barangays, and one municipality have enacted a version of an antidiscrimination ordinance that protects lesbian, gay, bisexual, and transgender–but not intersex–rights.

Officials prohibit transgender individuals from obtaining passports that reflect their gender identity. Authorities print the sex assigned at birth, as reported on the certificate of birth, in the individual’s passport, which posed difficulty for transgender persons seeking to travel, including instances of transgender individuals denied boarding.

NGOs reported incidents of discrimination and abuse against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, including in employment (see section 7.d.), education, health care, housing, and social services. In August a restaurant denied entry to a transgender patron and her friends, allegedly because transgender individuals harassed customers the previous evening. The patron returned with local government officials to receive an explanation and posted a social media video about the confrontation. Afterwards Congresswoman Geraldine Roman said she would file a resolution in Congress to investigate the incident.

HIV and AIDS Social Stigma

The law prohibits discrimination against persons with HIV/AIDS, including in access to basic health and social services. Nevertheless, there was anecdotal evidence of discrimination against HIV/AIDS patients in the government’s provision of health care, housing, employment, and insurance services (see section 7.d.).

Other Societal Violence or Discrimination

From January to July, the Children’s Legal Rights and Development Center recorded 18 children’s deaths in either police operations or vigilante-style killings connected to the antidrug campaign.

Russia

Executive Summary

The Russian Federation has a highly centralized, authoritarian political system dominated by President Vladimir Putin. The bicameral Federal Assembly consists of a directly elected lower house (State Duma) and an appointed upper house (Federation Council), both of which lack independence from the executive. The March 18 presidential election and the 2016 State Duma elections were marked by accusations of government interference and manipulation of the electoral process, including the exclusion of meaningful opposition candidates.

Except in rare cases, security forces generally reported to civilian authorities. National-level civilian authorities, however, had, at best, limited control over security forces in the Republic of Chechnya, which were accountable only to the head of Chechnya, Ramzan Kadyrov.

The country’s occupation and purported “annexation” of Ukraine’s Crimean Peninsula continued to affect the human rights situation there significantly and negatively. The Russian government continued to arm, train, lead, and fight alongside forces in eastern Ukraine. Credible observers attributed thousands of civilian deaths and injuries, as well as numerous abuses, to Russian-led forces in Ukraine’s Donbas region (see the Country Reports on Human Rights for Ukraine). Authorities also conducted politically motivated arrests, detentions, and trials of Ukrainian citizens in Russia, many of whom claimed to have been tortured.

Human rights issues included extrajudicial killings, including of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in Chechnya by local government authorities; enforced disappearances by government authorities; pervasive torture by government law enforcement personnel that sometimes resulted in death and sometimes involved punitive psychiatric incarceration; harsh and life-threatening conditions in prisons; arbitrary or unjust arrest and detention; political prisoners; severe arbitrary interference with privacy; severe suppression of freedom of expression and media, including the use of “antiextremism” and other laws to prosecute peaceful dissent; violence against journalists; blocking and filtering of internet content and banning of online anonymity; severe suppression of the right of peaceful assembly; increasingly severe suppression of freedom of association, including overly restrictive laws on “foreign agents” and “undesirable foreign organizations;” severe restrictions on religious freedom; undue restrictions on freedom of movement of those charged with political offenses; credible reports of refoulement; severe limits on participation in the political process, including restrictions on opposition candidates’ ability to seek public office and conduct political campaigns, and on the ability of civil society to monitor election processes; widespread corruption at all levels and in all branches of government; trafficking in persons; government decriminalization of domestic abuse, which created an atmosphere of impunity for domestic violence against women; and crimes involving violence or threats of violence against LGBTI persons and members of ethnic minorities.

The government failed to take adequate steps to prosecute or punish most officials who committed abuses, resulting in a climate of impunity.

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

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

There were numerous reports the government or its agents committed arbitrary or unlawful killings.

Credible nongovernmental organizations (NGOs) and independent media outlets published reports indicating that in December local authorities in the Republic of Chechnya had renewed a campaign of violence against individuals perceived to be members of the LGBTI community. Local Chechen authorities reportedly illegally detained and tortured at least 40 individuals, including two who reportedly died in custody from torture.

On May 15, Justice Minister Aleksandr Konovalov stated during the country’s UN Universal Periodic Review that the government’s “preliminary investigation” into the 2017 campaign of extrajudicial killings and mass torture of gay men in Chechnya by state agents had been closed after authorities had been unable to find evidence of any human rights violations or evidence of the existence of gay men in Chechnya. In 2017 the independent newspaper Novaya Gazeta had reported that, during an “antigay purge” that took place from late 2016 through March 2017, local Chechen security services kidnapped, held prisoner, and tortured more than 100 male residents in Chechnya based on their presumed sexual orientation, resulting in at least three deaths. An independent fact-finding mission launched in November by 16 member states of the Organization for Security and Cooperation in Europe (OSCE), as well as multiple independent human rights organizations, including Human Rights Watch (HRW), the Russia LGBT Network, and Memorial, subsequently confirmed Novaya Gazeta’s allegations. According to the Russian LGBT Network, as of July 30, at least 125 LGBTI persons had fled Chechnya, the majority of whom had also left the country.

On August 22, a court in Stavropol denied for the fifth time an appeal brought by survivor Maksim Lapunov that sought to compel authorities to open an investigation into his allegations of torture and illegal detention by Chechen officials. Lapunov was the only survivor of the antigay purge in Chechnya willing to be publicly named and cooperate with investigative bodies.

There were multiple reports that, in some prison colonies, authorities systematically tortured inmates (see section 1.c.), which in some cases resulted in death. According to press reporting, on July 25, authorities charged prison guard Ivan Marshalko from prison IK-6 in the Bryansk region with murder and abuse of power after he allegedly intentionally asphyxiated an unnamed inmate on July 22. On September 24, Marshalko’s pretrial detention was extended for two months.

Physical abuse and hazing, which in some cases resulted in death, continued to be a problem in the armed forces, but authorities took steps in some cases to hold those responsible to account. For example, on January 5, according to media reports, soldier Rustam Avazov committed suicide at an airbase in Perm after alleged continual physical and psychological hazing by fellow soldier Ramazan Magomedov. Magomedov was subsequently charged with driving Avazov to commit suicide, and his trial began in August. On October 1, the Perm Regional Military Prosecutor announced at least four officials had been discharged from duty or stripped of their commands following Avazov’s death and that at least 11 others had been reprimanded. According to media reports, this was the third recent death of a conscript at the airbase.

In June media outlets citing confidential sources reported that authorities had reopened their investigation into the 2015 murder of opposition leader Boris Nemtsov and had been conducting new interviews with the five men convicted in 2017 for the killing. Authorities made no official announcement to confirm the report. Human rights activists and the Nemtsov family still believed that authorities were intentionally ignoring the question of who ordered and organized the killing and noted that these persons were still at large.

There were reports that the government or its proxies committed, or attempted to commit, extrajudicial killings of its opponents in other countries. For example, on March 4, according to British authorities, agents of Russian military intelligence spread the nerve agent Novichok on the front door of the home of former Russian military intelligence offer Sergei Skripal in Salisbury, England, in an apparent attempt to kill him. Skripal and his daughter Yulia Skripal were hospitalized in serious condition after coming in contact with the nerve agent, but both ultimately survived. On June 30, Salisbury residents Dawn Sturgess and Charlie Rowley were hospitalized after accidentally coming in contact with a bottle of Novichok that the assassins had discarded. Sturgess died from her exposure to the nerve agent on July 8.

The country played a significant military role in the armed conflict in eastern Ukraine, where human rights organizations attributed thousands of civilian deaths and other abuses to Russian-led forces. Russian occupation authorities in Crimea also committed widespread abuses (see Country Reports on Human Rights for Ukraine).

Since 2015 the country’s forces have conducted military operations, including airstrikes, in the conflict in Syria. According to human rights organizations, the country’s forces took actions, such as bombing urban areas, that purposefully targeted civilian infrastructure (see Country Reports on Human Rights for Syria).

The news website Caucasian Knot reported that at least 50 deaths in the North Caucasus resulted from clashes with security forces in the region during the first half of the year. Dagestan was the most affected region in the first half of the year with 25 deaths, followed by Chechnya, where 15 persons were killed, and Ingushetia, where eight persons were killed.

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

A variety of domestic and international human rights groups generally operated in the country, investigating and publishing their findings on human rights cases. Government officials were rarely cooperative or responsive to their concerns. Official harassment of independent NGOs continued and in many instances intensified, particularly of groups that focused on election monitoring, exposing corruption, and addressing human rights abuses. NGO activities and international humanitarian assistance in the North Caucasus were severely restricted. Some officials, including the ombudsman for human rights, regional ombudsman representatives, and the chair of the Presidential Human Rights Council, Mikhail Fedotov, regularly interacted and cooperated with NGOs.

Authorities continued to use a variety of laws to harass, stigmatize, and in some cases halt the operation of domestic and foreign human rights NGOs (see section 2.b., Freedom of Association).

High-ranking officials often displayed hostility towards the activities of human rights organizations and suggested that their work was unpatriotic and detrimental to national security. On January 18, hours after masked men had set fire to the office of human rights NGO Memorial, the only remaining human rights NGO in Chechnya, Chechen Republic head Kadyrov stated that human rights activists are “people without kith or kin, without a nation, and without religion” and that “their work won’t fly in our republic.” On August 22, Kadyrov stated the entry of “human rights defenders into Chechnya is to be prohibited” and compared them to armed militants. Subsequently Chechen Republic minister of mass media Djambulat Umarov explained that Kadyrov’s statement also included journalists.

Authorities continued to apply a number of indirect tactics to suppress or close domestic NGOs, including the application of various laws and harassment in the form of prosecution, investigations, fines, and raids (see sections 1.e. and 2.b.).

Authorities generally refused to cooperate with NGOs that were critical of their activities or listed as a foreign agent. International human rights NGOs had almost no presence east of the Ural Mountains. A few local NGOs addressed human rights problems in these regions but often chose not to work on politically sensitive topics to avoid retaliation by local authorities.

Government Human Rights Bodies: Some government institutions continued to promote human rights and intervened in selected abuse complaints, despite widespread doubt as to these institutions’ effectiveness.

Many observers did not consider the 126-member Public Chamber, composed of government-appointed members from civil society organizations, to be an effective check on the government.

The Presidential Council for Civil Society and Human Rights is an advisory body to the president tasked with monitoring systemic problems in legislation and individual human rights cases, developing proposals to submit to the president and government, and monitoring their implementation. The president selects some council members by decree, and not all members operated independently.

Human rights ombudsperson Tatyana Moskalkova was viewed as a figure with very limited autonomy. The country had regional ombudsmen in 83 of its 85 regions with responsibilities similar to Moskalkova’s. Their effectiveness varied significantly, and local authorities often undermined their independence.

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

Women

Rape and Domestic Violence: Rape is illegal, and the law provides the same punishment for a relative, including the spouse, who commits rape as for a nonrelative. The penalty for rape is three to six years’ imprisonment for a single offense, with additional time imposed for aggravating factors. According to NGOs, many law enforcement personnel and prosecutors did not consider spousal or acquaintance rape a priority and did not encourage reporting or prosecuting such cases. NGOs reported that local police officers sometimes refused to respond to rape or domestic violence calls unless the victim’s life was directly threatened.

For example, on June 1, online news portal Meduza published allegations by an actress that the director of the Vologorodskiy Drama Theater, Zurab Nanobashvili, had raped her in 2015. Three other actresses also accused Nanobashvili of attempted rape and sexual harassment. Two of the women, one of whom was 17 years old, filed a complaint with the local Investigative Committee that Nanobashvili had groped, licked, and attempted to rape them in April. On June 8, the local Ministry of Culture fired Nanobashvili from his position. On the same day, the Investigative Committee informed the women that, while Nanobashvili’s actions “bore the hallmarks of sexual abuse,” no criminal case would be opened against him because the women were older than age 16.

Domestic violence remained a major problem. There is no significant domestic violence provision in the criminal code and no legal definition of domestic violence. The laws that address bodily harm are general in nature and do not permit police to initiate a criminal investigation unless the victim files a complaint. The burden of collecting evidence in such cases typically falls on the alleged victims. Federal law prohibits battery, assault, threats, and killing, but most acts of domestic violence did not fall within the jurisdiction of the prosecutor’s office.

According to an HRW report on domestic violence published in October, when domestic violence offenses were charged, articles 115 and 116.1 under the country’s Criminal Procedure Code were usually applied, which use the process of private prosecution. These private prosecutions are launched only if the injured party or their guardian takes the initiative to file a complaint with a magistrate judge. In such cases the injured party bears the burden of gathering all evidence necessary for prosecution and must pay all costs of the prosecution, which HRW believed severely disadvantaged survivors.

According to NGOs, police were often unwilling to register complaints of domestic violence, often saying that cases are “family matters,” frequently discouraged victims from submitting complaints, and often pressed victims to reconcile with abusers. HRW’s report on domestic violence described the case of a woman from a small town in western Russia, who complained to police after her husband severely beat her. The police officer who arrived at her home joked with her husband, insulted her, advised her to reconcile with him, and left, after which her husband beat her again and broke her jaw. He then left for several months with their eight-year-old son. When she called police again, they suggested, mockingly, that she was bitter because the husband must have left her for another woman.

A 2017 law made beatings by “close relatives” an administrative rather than a criminal offense for first-time offenders, provided the beating does not cause serious harm requiring hospital treatment. According to official statistics released during the year, since this law was passed, the number of reported domestic violence cases has fallen by half, with 25,667 cases of domestic violence against women reported in 2017, compared with 49,765 cases reported in 2016. NGOs working on domestic violence noted that official reporting of domestic violence decreased because the decriminalization deterred women suffering domestic violence from going to the police. In contrast, HRW’s October report stated that women’s rights groups and crisis centers noted an increase in the number of domestic violence complaints after the 2017 amendments were enacted and said that they considered the increase to be a direct effect of decriminalization. HRW identified three major impacts of the 2017 decriminalization: fostering a sense of impunity among abusers, weakening protections for victims by reducing penalties for abusers, and creation of new procedural shortcomings in prosecuting domestic violence.

According to Ministry of Internal Affairs statistics cited by NGOs, approximately 12,000 women died annually from domestic violence in the country. The NGO Center for Women’s Support asserted that a majority of domestic violence cases filed with authorities were either dismissed on technical grounds or transferred to a reconciliation process conducted by a justice of the peace whose focus was on preserving the family rather than punishing the perpetrator.

HRW’s report noted there are few state-run shelters for victims of domestic violence, citing a study that found only 434 shelter spaces nationally reserved for women in crisis situations (which includes, but is not limited to, domestic violence). HRW noted that these shelters set a high entry threshold, require a daunting amount of paperwork and long wait times to determine whether a space may be granted, and often emphasize “preserving the family” and protecting children over women’s safety needs.

Female Genital Mutilation/Cutting (FGM/C): The law does not specifically prohibit FGM/C. NGOs in Dagestan reported FGM/C was occasionally practiced in some villages. On November 27, Meduza reported that a Moscow clinic conducted FGM/C procedures on girls ages five and 12. After the report was published, the clinic ceased advertising FGM/C services.

Other Harmful Traditional Practices: Human rights groups reported that “honor killings” of women in Chechnya, Dagestan, and elsewhere in the North Caucasus were rarely prosecuted, although there were rare instances in which such killings led to convictions. For example, on September 5, a court in Ingushetia sentenced a man to eight years in prison for an “honor killing” of his 31-year-old daughter. The woman’s body had been found on the side of a highway on February 20, and her father confessed to strangling her. In some parts of the North Caucasus, women continued to face bride kidnapping, polygamy, forced marriage (including child marriage), legal discrimination, and forced adherence to Islamic dress codes.

Sexual Harassment: The criminal code contains a general provision against compelling a person to perform actions of a sexual character by means of blackmail, threats, or by taking advantage of the victim’s economic or other dependence on the perpetrator. Sexual harassment was reportedly widespread.

In early March, three female journalists accused a senior parliamentarian in the State Duma, Leonid Slutskiy, of sexual assault and harassment, including unwanted and inappropriate touching, kissing, and sexualized comments. On March 7, State Duma speaker Vyacheslav Volodin remarked that journalists who feel unsafe reporting from the Duma should “change jobs.” On the same day, Tamara Pletneva, the head of the State Duma Committee on Family, Women, and Children stated that female journalists seeking to avoid harassment should “look more decent and dress more appropriately” and that “if it’s frightening for them, if they are offended here, then they don’t have to come here.” On March 21, the parliamentary ethics committee cleared Slutskiy of any wrongdoing.

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

Discrimination: The constitution and law provide that men and women enjoy the same legal status and rights, but women often encountered significant restrictions, including bans on their employment in certain types of jobs in sectors like mining and construction.

Children

Birth Registration: By law citizenship derives from parents at birth or from birth within the country’s territory if the parents are unknown or if the child cannot claim the parents’ citizenship. Failure to register a birth resulted in the denial of public services.

Education: Education is free and compulsory through grade 11, although regional authorities frequently denied school access to the children of persons who were not registered local residents, including Roma, asylum seekers, and migrant workers.

Child Abuse: A 2013 estimate by the Ministry of Internal Affairs indicated that one in four children in the country was subjected to abuse by a parent or foster parent. According to a 2011 report published by the NGO Foundation for Assistance to Children in Difficult Life Situations, 2,000 to 2,500 children died annually from domestic violence. A 2017 law that makes beatings by “close relatives” an administrative rather than a criminal offense for first-time offenders, provided the beating does not cause serious harm requiring hospital treatment, applies to children also.

The country does not possess a law on child abuse, but its criminal code outlaws murder, battery, and rape. The range of penalties for such crimes can be from five to 15 years in jail and, if they result in the death of a minor, up to 20 years in jail.

Early and Forced Marriage: The minimum legal age for marriage is 18 for both men and women. Local authorities may authorize marriage from the age of 16 under certain circumstances and even earlier in some regions.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation, sale, offering or procuring for prostitution, and practices related to child pornography. The authorities generally enforced the law. The age of consent is 16. In 2015 the Investigative Committee reported filing charges in 1,645 cases of rape involving children and in more than 5,300 cases of sexual assault of children. For example, according to press reports, on February 1, police arrested a man in the Moscow region after his 13-year-old stepdaughter reported he had raped her on a regular basis for three years.

The law prohibits the manufacture, distribution, and possession with intent to distribute child pornography, but possession without intent to distribute is not prohibited by law. Manufacture and distribution of pornography involving children younger than age 18 is punishable by two to eight years in prison or to three to 10 years in prison if it involves children younger than age 14. Authorities considered child pornography to be a serious problem.

Roskomnadzor has the power to shut down any website immediately and without due process until its owners prove its content does not include child pornography. In 2014 approximately 15 percent of the 45,700 links Roskomnadzor shut down related to child pornography.

Institutionalized Children: There were reports of physical, sexual, and psychological abuse in state institutions for children. Children with disabilities were especially vulnerable. For example, on February 19, press reported that law enforcement bodies in Chelyabinsk charged a man with child sexual abuse and charged the leadership of a local orphanage with negligence after the man reportedly sexually abused at least seven children with disabilities at the orphanage over several years. According to witness accounts in the press, several teachers may have been aware of and complicit in the abuse.

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

Anti-Semitism

The 2010 census estimated the Jewish population at slightly more than 150,000. In 2015, however, the president of the Federation of Jewish Communities of Russia stated that the actual Jewish population was nearly one million.

One violent attack with possible anti-Semitic motives was reported. On October 15, the president of the Jewish community of Tatarstan, Mikhail Abramovich Skoblionok, and his aide, were injured by a bomb he received in the mail. Kazan police opened an investigation to determine if it was an anti-Semitic attack; the attack was being investigated as attempted murder.

A number of leading figures in the Jewish community reported the level of anti-Semitism in the country was decreasing but that during the year some political and religious figures made anti-Semitic remarks publicly.

In a March 10 interview, President Putin responded to a question concerning reports of Russian meddling in foreign elections, by suggesting that instead “Ukrainians, Tatars, and Jews” may have been involved.

On January 15, Russia Insider, an English language publication linked to progovernment oligarchs, published an anti-Semitic essay by its founder, Charles Bausman, that attacked dozens of Jewish writers and journalists, claiming Jews were the reason for “unreasonable hostility towards Putin’s Russia” and solicited anti-Semitic contributions.

On June 30, the FIFA fined the country’s soccer federation $10,100 after Russian fans displayed a neo-Nazi banner during a World Cup match in Samara. The banner reportedly featured the number 88, which is far-right code for “Heil Hitler.”

In early October the Supreme Court upheld the revocation of the foreigner residence permit and deportation of the chief rabbi of Omsk Oblast and the Siberian Federal District, Osher Krichevskiy, and his family for advocating “forcible and violent change” in the constitution and creating a security threat to citizens. According to Novaya Gazeta’s October 4 report on the decision, the country has deported eight rabbis who held foreign citizenships in recent years.

Trafficking in Persons

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

Persons with Disabilities

While several laws prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities, the government generally did not enforce these laws. The law provides protection for persons with disabilities, including access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. NGOs reported, however, that persons with disabilities still faced widespread discrimination in securing employment and access to some forms of transportation, as well as physical accessibility throughout the country.

The conditions of guardianship imposed by courts on persons with mental disabilities deprived them of almost all personal rights. Under the family code, individuals with mental disabilities were at times prevented from marrying without a guardian’s consent.

Federal law requires that buildings be accessible to persons with disabilities, but authorities did not enforce the law, and many buildings and modes of public transportation remained inaccessible.

Election laws do not specifically mandate that polling places be accessible to persons with disabilities, and the majority of them were not. Election officials generally brought mobile ballot boxes to the homes of voters with disabilities.

According to HRW, although the government began to implement inclusive education, most children with disabilities did not study in mainstream schools due to a lack of accommodations to facilitate their individual learning needs. The lack of reasonable accommodations left tens of thousands of children with disabilities isolated at home or in specialized schools, often far from their homes.

According to Ministry of Internal Affairs data, more than 45 percent of the country’s total population of children with disabilities were institutionalized. While the law mandates inclusive education for children with disabilities, authorities generally segregated them from mainstream society through a system that institutionalized them through adulthood. Graduates of such institutions often lacked the social, educational, and vocational skills to function in society.

There appeared to be no legal mechanism by which individuals could contest their assignment to a facility for persons with disabilities. The classification of children with mental disabilities by category of disability often followed them through their lives. The official designations “imbecile” and “idiot,” assigned by a commission that assesses children with developmental problems at the age of three, signified that authorities considered a child uneducable. These designations were almost always irrevocable. The designation “weak” (having a slight cognitive or intellectual disability) followed an individual on official documents, creating barriers to employment and housing after graduation from state institutions.

National/Racial/Ethnic Minorities

The law prohibits discrimination based on nationality, but according to a 2017 report by the Committee on Elimination of Racial Discrimination, officials discriminated against minorities, including through “de facto racial profiling, targeting in particular migrants and persons from Central Asia, and the Caucasus.”

During the year there were 15 violent attacks against Central Asians and members of other ethnic minorities, resulting in the death of three persons and injury to 12. Typically the police opened investigations into these incidents but did not disclose their conclusions or apprehend assailants. For example, on January 12, a Kyrgyz man died from multiple stab wounds in Noginsk. Media reports alleged that the assailants, who fled the scene, may have belonged to an ultraright wing group.

According to a 2017 report by the human rights group ADC Memorial, Roma faced widespread discrimination in access to resources (including water, gas, and electricity services); demolitions of houses and forced evictions, including of children, often in winter; violation of the right to education (segregation of Romani children in low quality schools); and other forms of structural discrimination. Media outlets reported that Moscow police forcibly evacuated Romani persons from the city in advance of the June FIFA World Cup.

Indigenous People

The constitution and various statutes provide support for “small-numbered” indigenous peoples of the North, Siberia, and the Far East, permitting them to create self-governing bodies and allowing them to seek compensation if economic development threatened their lands. The government granted the status of “indigenous” and its associated benefits only to those ethnic groups numbering fewer than 50,000 and maintaining their traditional way of life. A 2017 report by the human rights group ADC Memorial noted the major challenges facing indigenous people included “seizure of territories where these minorities traditionally live and maintain their households by mining and oil and gas companies; removal of self-government bodies of indigenous peoples; and repression of activists and employees of social organizations, including the fabrication of criminal cases.”

Indigenous sources reported state-sponsored harassment, including interrogations by the security services, as well as employment discrimination (see section 7.d.). For example, on July 24, authorities in Khahasia charged Khahas activist Lidiya Bainova with extremism for a social media post in which she alleged that ethnic Russians subject Khahas people to discrimination. On November 26, authorities dropped the charges.

Since 2015 the Ministry of Justice has added several NGOs focusing on indigenous issues to the “foreign agents” list (see section 2.b., Freedom of Association), including the Center for Support of Indigenous Peoples of the North and the International Foundation for the Development of Indigenous and Small Numbered Peoples of the North, Siberia, and Far East, making it difficult for them to operate.

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

The law criminalizes the distribution of “propaganda” of “nontraditional sexual relations” to minors and effectively limits the rights of free expression and assembly for citizens who wished to advocate publicly for rights or express the opinion that homosexuality is normal. Examples of what the government considered LGBTI propaganda included materials that “directly or indirectly approve of persons who are in nontraditional sexual relationships” (see section 2.a.). The law did not prohibit discrimination against LGBTI persons in housing or employment or in access to government services such as health care.

During the year there were reports of state actors committing violence against LGBTI individuals based on their sexual orientation or gender identity, particularly in the Republic of Chechnya (see section 1.a.).

There were reports government agents harassed and threatened LGBTI activists. For example, on September 14, police in Pyatigorsk threatened a student activist after he complained about municipal denial of permission to host an LGBTI rally. Police summoned him to a meeting at the university where he studied, and demanded that he drop his request to hold the demonstration. They hinted at the homophobic “mentality of the Caucasus,” the “irritation” the request was causing the city administration, and mentioned that in the event “something should happen” during the demonstration, police might be unable to protect the participants. They also attempted to get the activist to disclose the names of other LGBTI activists and threatened to “out” him to his parents, family members, and acquaintances.

Openly gay men were particular targets of societal violence, and police often failed to respond adequately to such incidents. For example, according to LGBT Network, in June a Volgograd teenager, Vlad Pogorelov, filed a complaint with the local prosecutor’s office against the local police decision to close a criminal investigation into an attack he had suffered in November 2017. Pogorelov, then 17 years old, was lured into a meeting by homophobic persons posing as gay youth on a dating website. They beat and robbed Pogorelov, who filed a police report. Police opened a criminal investigation into the attack but closed it within a month, citing the “low significance” of the attack, and informing Pogorelov that police were unable to protect LGBTI persons. According to LGBT Network, the case was emblematic of authorities’ unwillingness to adequately investigate or consider homophobia as a motive in attacks on LGBTI persons.

On April 24, the LGBT Network released a report that documented 104 incidents of physical violence towards LGBTI persons in 2016-17, including 11 killings. The report noted the continuing trend of groups and individuals luring gay men on fake dates to beat, humiliate, and rob them. The report noted that police often claimed to have found no evidence of a crime or refused to recognize attacks on LGBTI persons as hate crimes, which impeded investigations and perpetrators’ being fully held to account. During investigations of attacks, LGBTI persons risked being “outed” by police to their families and colleagues. LGBTI persons often declined to report attacks against them due to fears police would subject them to mistreatment or publicize their sexual orientation or gender identity.

LGBTI persons reported significant societal stigma and discrimination, which some attributed to official promotion of intolerance and homophobia.

High levels of employment discrimination against LGBTI persons reportedly persisted (see section 7.d.) Activists asserted that the majority of LGBTI persons hid their sexual orientation or gender identity due to fear of losing their jobs or homes as well as the threat of violence. The Russia LGBT Network recorded 13 incidents of discrimination against LGBTI teachers in 2016-17. In most cases homophobic activists wrote letters outing the teachers to the school’s administration, which then either fired the teacher, preventing his or her future employment in schools, or forced him or her to resign. The Russia LGBT Network recorded 18 cases of discrimination against LGBTI persons employed in other professions in 2016-17. Polling of LGBTI persons suggested that 17 percent had encountered employment discrimination.

Medical practitioners reportedly continued to limit or deny LGBTI persons health services due to intolerance and prejudice. The Russia LGBT Network’s report indicated that, upon disclosing their sexual orientation or gender identity, LGBTI individuals often encountered strong negative reactions and the presumption they were mentally ill.

Transgender persons faced difficulty updating their names and gender markers on government documents to reflect their gender identity because the government had not established standard procedures, and many civil registry offices denied their requests. When documents failed to reflect their gender identity, transgender persons often faced harassment by law enforcement officers and discrimination in accessing health care, education, housing, transportation, and employment.

There were reports that LGBTI persons faced discrimination in the area of parental rights. The Russia LGBT Network reported that LGBTI parents often feared that the country’s ban on the “propaganda of nontraditional sexual orientation” to minors would be used to remove custody of their children. In one example, on February 12, the Ordzhonikidzevskiy District Court of Yekaterinburg denied the return of two foster children to the Savinovskiy family on suspicion that the foster mother, Yulia Savinovskiy, was transitioning following breast reduction surgery and social media posts about transgender issues. According to the court, Savinovskiy was seeking the social role of a man, which the court said contradicted the prohibition of same-sex marriages in the country. Savinovskiy lost custody of the two foster children in August 2017. In September 2017 media outlets reported that Children’s Ombudsman Anna Kuznetsova said she would investigate the case, but the results of any action were unknown.

HIV and AIDS Social Stigma

Persons with HIV/AIDS faced significant legal discrimination, growing informal stigma-based barriers, employment discrimination (see section 7.d.), and were prohibited from adopting children.

According to NGO activists, men who have sex with men were unlikely to seek antiretroviral treatment, since treatment exposed the fact that these individuals had the virus, while sex workers were afraid to appear in the official system due to threats from law enforcement bodies. Economic migrants also concealed their HIV status and avoided treatment due to fear of deportation. By law foreign citizens who are HIV-positive may be deported. The law, however, bars the deportation of HIV-positive foreigners who have a Russian national or permanent resident spouse, child, or parents.

Prisoners with HIV/AIDS experienced regular abuse and denial of medical treatment and had fewer opportunities for visits with their children.

Although the law provides for treatment of HIV-positive persons, drug shortages, legal barriers, and lack of funds caused large gaps in treatment. In 2017 the Ministry of Health forbade the Federal AIDS Center in Moscow from dispensing antiretroviral drugs. The center served persons who could not get treatment at Moscow hospitals because they resided in the city without permanent registration.

On June 21, the Constitutional Court deemed it unconstitutional to prohibit HIV-positive parents from adopting children.

The Ministry of Justice continued to designate HIV-related NGOs as foreign agents; at least two such groups were so designated during the year (see section 2.b., Freedom of Association).

Other Societal Violence or Discrimination

The lack of an internal passport often prevented homeless citizens from fully securing their legal rights and social services. Homeless persons faced barriers to obtaining legal documentation. Prior to the World Cup soccer tournament held in June and July, Moskovskiy Komsomolets reported that police rounded up homeless persons, beat them, and bussed them to camps and disused military bases.

Promotion of Acts of Discrimination

A homophobic campaign continued in state-controlled media in which officials, journalists, and others called LGBTI persons “perverts,” “sodomites,” and “abnormal” and conflated homosexuality with pedophilia. State-controlled media also promoted anti-Semitic conspiracies, such as the supposed control of the world economy by the Rothschild family.

Rwanda

Executive Summary

Rwanda is a constitutional republic dominated by a strong presidency. The ruling Rwandan Patriotic Front (RPF) led a governing coalition that included four smaller parties. In August 2017 voters elected President Paul Kagame to a third seven-year term with a reported 99 percent of the vote and a reported 98 percent turnout. One independent candidate and one candidate from an opposition political party participated in the presidential election, but authorities disqualified three other candidates. In the September elections for parliament’s lower house, the Chamber of Deputies, candidates from the RPF coalition and two other parties that supported RPF policies won all except four of the open seats. For the first time, independent parties won seats in the chamber, with the Democratic Green Party of Rwanda (DGPR) and the Social Party Imberakuri (PS-Imberakuri) winning two seats each. In both the 2017 and the 2018 elections, international monitors reported numerous flaws, including irregularities in the vote tabulation process.

Civilian authorities maintained effective control over state security forces (SSF).

Human rights issues included reports of unlawful or arbitrary killings by state security forces; forced disappearance by state security forces; torture by state security forces including asphyxiation, electric shocks, mock executions; arbitrary detention by state security forces; political prisoners; arbitrary or unlawful interference with privacy; threats to and violence against journalists, censorship, website blocking, and criminal libel; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization (NGO) laws; and restrictions on political participation.

The government occasionally took steps to prosecute or punish officials who committed abuses, including within the security services, but impunity involving civilian officials and some members of the SSF was a problem.

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

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

There were numerous reports the government committed arbitrary or unlawful killings. For example, according to media reports, on April 13, Kigali attorney Donat Mutunzi disappeared after leaving for work. His family made repeated inquiries of police but was unable to confirm his arrest until April 18. At that time a police officer reportedly told them that Mutunzi was suspected of having defamed President Kagame by circulating false information on the internet. On April 22, prosecutors told an attorney and friend of the Mutunzi family that Mutunzi had been accused of rape. On April 23, police reported Mutunzi had committed suicide by hanging himself in his cell. An examination of the body revealed severe wounds on the face and temples. Mutunzi’s family members told human rights advocates they believed Mutunzi had been beaten and strangled while in custody.

As of September 14, the government had not completed its investigation into 2017 Human Rights Watch (HRW) allegations that police or other security forces had killed 37 individuals between 2016 and 2017 for a variety of petty crimes, including theft of bananas, fishing with illegal nets, and unlawful border crossings. In 2017 Minister of Justice Johnston Busingye publicly called the HRW report “fake news.”

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

Several domestic human rights groups operated in the country, investigating and publishing their findings on human rights cases, and international groups also published reports on human rights abuses. The government was often intolerant of public reports of human rights violations and suspicious of local and international human rights observers, and it often impeded independent investigations and rejected criticism as biased and uninformed. Human rights NGOs expressed fear of the government, reported SSF monitoring of their activities, and self-censored their comments. NGOs, such as HRW, working on human rights and deemed to be critical of the government experienced difficulties securing or renewing required legal registration.

The government criticized HRW and other international human rights groups for being inaccurate and biased. In March a Ministry of Justice official stated the government would not renew its cooperation agreement with HRW unless the organization agreed to include the government’s statements regarding the country’s human rights situation in its reports. The official accused HRW of tarnishing the image of the country by fabricating unsubstantiated, politically motivated reports. As of September 12, the government had not renewed its lapsed memorandum of understanding with HRW, and HRW had no representatives operating in the country.

The government conducted surveillance on some international and domestic NGOs. Some NGOs expressed concern that intelligence agents infiltrated their organizations to gather information, influence leadership decisions, or create internal problems.

Individuals who contributed to international reports on human rights reported continued government harassment including short-term detention without charges, questioning, and threats of arrest and prosecution for the contents of their work.

Some domestic NGOs–including the Youth Association for Human Rights Promotion and Development and the Rwandan Association for the Defense of Human Rights–nominally focused on human rights abuses, but self-censorship limited their effectiveness. Most NGOs that focused on human rights, access to justice, and governance issues vetted their research and reports with the government and refrained from publishing their findings without government approval.

A progovernment NGO, the Rwanda Civil Society Platform, managed and directed some NGOs through umbrella groups that theoretically aggregated NGOs working in particular thematic sectors. Many observers believed the government controlled some of the umbrella groups. Regulations required NGOs to participate in joint action and development forums at the district and sector levels, and local government had broad powers to regulate activities and bar organizations that did not comply.

NGOs reported the registration process remained difficult, in part because it required submission of a statement of objectives, plan of action, and detailed financial information for each district in which an NGO wished to operate. NGOs reported the government used the registration process to delay programming and pressure them into supporting government programs and policies.

The United Nations or Other International Bodies: The government sometimes cooperated with international organizations, but it criticized reports that portrayed it negatively as inaccurate and biased. In July the SPT announced it had formally cancelled its visit to the country. The SPT had already suspended its visit in October 2017 due to government-imposed obstructions, such as limiting access to places of detention. In a July 4 statement, the SPT stated there was no realistic prospect of the visit’s successful resumption and conclusion within a reasonable timeframe. In response the government issued a statement declaring the lack of cooperation allegations untrue, unfounded, and in bad faith.

In 2012 the International Criminal Tribunal for Rwanda, based in Tanzania, transferred its remaining genocide cases to a Tanzania-based branch of the MICT that continued to pursue genocide suspects. From 1994 through July, the tribunal completed proceedings against 80 individuals; of these, 61 were convicted, and 14 were acquitted. Two cases were dropped, and in the remaining three cases, the accused died before the tribunal rendered judgment. As of August 23, eight suspects remained fugitives. The government cooperated with the MICT, but it also expressed concern regarding the MICT’s practice of granting early release to convicts.

Government Human Rights Bodies: The adequately funded Office of the Ombudsman operated with the cooperation of executive agencies and took action on cases of corruption and other abuses, including human rights cases (see section 4).

The government funded and cooperated with the NCHR. According to many observers, the NCHR did not have adequate resources to investigate all reported violations and remained biased in favor of the government. Some victims of human rights violations did not report the violations to the NCHR because they perceived it as biased and feared retribution by the SSF.

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

Women

Rape and Domestic Violence: The law criminalizes rape of men and women and spousal rape, and the government handled rape cases as a judicial priority. Penalties for conviction of rape range from 10 years’ to life imprisonment with fines of one to two million Rwandan francs ($1,150 to $2,300). Penalties for conviction of committing physical and sexual violence against one’s spouse range from three to five years’ imprisonment.

Domestic violence against women and children was common. For example, on August 4, hip-hop artist Jay Poly was arrested on charges of aggravated assault and battery after he struck his wife and broke three of her teeth. On August 24, he was sentenced to five months in prison.

Authorities encouraged reporting of domestic violence cases, although most incidents remained within the extended family and were not reported or prosecuted.

Police headquarters in Kigali had a hotline for domestic violence. Several other ministries also had free gender-based violence hotlines. Each of the 78 police stations nationwide had its own gender desk, an average of three officers trained in handling domestic violence and gender-based violence cases, and a public outreach program. The government operated 44 one-stop centers throughout the country, providing medical, psychological, legal, and police assistance at no cost to victims of domestic violence.

The government continued its whole-of-government, multi-stakeholder campaign against gender-based violence, child abuse, and other types of domestic violence. gender-based violence was a required training module for police and military at all levels and was included for all troops and police preparing for deployment to peacekeeping missions abroad.

Sexual Harassment: The law prohibits sexual harassment and provides for penalties for conviction of six months’ to one year’s imprisonment and fines from 100,000 to 200,000 Rwandan francs ($115 to $230). The penalties are increased when the offender is an employer or other person of authority and the victim is a subordinate. Nevertheless, advocacy organizations reported sexual harassment remained common.

Coercion in Population Control: There were no reports of coerced abortion. There was one claim on social media of involuntary sterilization but it was found to be without merit.

Discrimination: Women have the same legal status and are entitled to the same rights as men, including under family, labor, nationality, and inheritance laws. The law allows women to inherit property from their fathers and husbands, and couples may make their own legal property arrangements. Women experienced some difficulties pursuing property claims due to lack of knowledge, procedural bias against women in inheritance matters, multiple spousal claims due to polygyny, and the threat of gender-based violence. The law requires equal pay for equal work and prohibits discrimination in hiring decisions. In a Transparency Rwanda study of gender-based corruption in workplaces, only 1 percent of participants reported gender-based discrimination as a factor in hiring decisions, whereas 75 percent of respondents indicated they were unaware of such discrimination or were unwilling to discuss it. The study’s authors concluded that gender-based corruption was underreported, in part because victims of discrimination fear losing their employment.

After the 1994 genocide that left many women as heads of households, women assumed a larger role in the formal sector, and many operated their own businesses. Nevertheless, men owned the major assets of most households, particularly those at the lower end of the economic spectrum, making bank credit inaccessible to many women and rendering it difficult to start or expand a business.

Children

Birth Registration: Children derive citizenship from their parents. Children born to two Rwandan parents automatically receive citizenship. Children with one Rwandan parent must apply for citizenship before turning 18. Children born in the country to unknown or stateless parents automatically receive citizenship. Minor children adopted by Rwandans, irrespective of nationality or statelessness, automatically receive citizenship. Children retain their citizenship in the event of dissolution of the parents’ marriage. Births were registered at the sector level upon presentation of a medical birth certificate. There were no reports of unregistered births leading to denial of public services. For additional information, see Appendix C.

Education: The government’s 12-year basic education program includes tuition-free universal public education for six years of primary and six years of secondary education. Education through grade nine is compulsory. Parents were not required to pay tuition fees, but they often had to pay high education fees for teachers’ incentives and meal expenses, according to domestic observers.

Child Abuse: While statistics on child abuse were unreliable, such abuse was common within the family, in the village, and at school. As in previous years, the government conducted a high-profile public awareness campaign against gender-based violence and child abuse. The government supported a network of one-stop centers and hospital facilities that offered integrated police, legal, medical, and counseling services to victims of gender-based violence and child abuse. In partnership with UNICEF, the National Commission for Children (NCC) maintained a corps of 29,674 community-based “Friends of the Family” volunteers (two for each of the country’s 14,837 villages) to help address gender-based violence and child protection concerns at the village level.

Early and Forced Marriage: The minimum age of marriage is 21. Anecdotal evidence suggested child marriage was more common in rural areas and refugee camps than in urban areas. For additional information, see Appendix C.

Sexual Exploitation of Children: By law sexual relations with a child younger than age 18 constitutes child defilement for which conviction is punishable by 20 years to life in prison depending on the age of the victim.

The law prohibits sexual exploitation of children and child pornography, which are punishable by life imprisonment and a fine of 10 million to 15 million Rwandan francs ($11,500 to $17,240). Conviction statistics were not available. The 2018 Antitrafficking law prohibits the commercial sexual exploitation of children, conviction of which is punishable by life imprisonment and a fine of 15 million to 20 million Rwandan francs ($17,240 to $23,000).

Child Soldiers: The government supported the Musanze Child Rehabilitation Center in Northern Province that provided care and social reintegration preparation for children who previously served in armed groups in the DRC (see section 2.d., Freedom of Movement).

Displaced Children: There were numerous street children throughout the country. Authorities gathered street children in district transit centers and placed them in rehabilitation centers. Conditions and practices varied at 29 privately run rehabilitation centers for street children.

UNHCR continued to accommodate in the Mahama refugee camp unaccompanied and separated minors who entered the country as part of an influx of more than 87,000 refugees from Burundi since 2015. Camp staff provided additional protection measures for them.

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

Anti-Semitism

There was a very small Jewish community, consisting entirely of foreigners; there were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government generally enforced these provisions. The law mandates access to public facilities, accommodations for taking national examinations, provision of medical care by the government, and monitoring of implementation by the NCHR. Despite a continuing campaign to create a barrier-free environment for persons with disabilities, accessibility remained a problem throughout the country, including in public buildings and public transport.

There were no legal restrictions or extra registration steps for citizens with disabilities to vote, and registration could be completed online. Braille ballots were available for the September parliamentary elections. Observers noted some polling stations remained inaccessible to persons with disabilities and that some election volunteers appeared untrained on how to assist voters with disabilities.

Many children with disabilities did not attend primary or secondary school. Those who attended generally did so with nondisabled peers. Few students with disabilities reached the university level because many primary and secondary schools were unable to accommodate their disabilities.

Some citizens viewed disability as a curse or punishment that could result in social exclusion and sometimes abandoned or hid children with disabilities from the community.

National/Racial/Ethnic Minorities

The constitution provides for the eradication of ethnic, regional, and other divisions in society and the promotion of national unity. Longstanding tensions in the country culminated in the 1994 state-orchestrated genocide that killed between 750,000 and one million citizens, including approximately three-quarters of the Tutsi population. Following the killing of the president in 1994, an extremist interim government directed the Hutu-dominated national army, militia groups, and ordinary citizens to kill resident Tutsis and moderate Hutus. The genocide ended later in 1994 when the predominantly Tutsi RPF, operating from Uganda and northern Rwanda, defeated the national army and Hutu militias and established an RPF-led government of national unity that included members of eight political parties.

Since 1994 the government has called for national reconciliation and abolished the policies of the former government that created and deepened ethnic cleavages. The government removed all references to ethnicity in official discourse–with the exception of references to the genocide that is officially termed “the 1994 genocide against the Tutsi”–and eliminated ethnic quotas for education, training, and government employment.

Some individuals stated the government’s reconciliation policies and programs failed to recognize Hutu victims of the genocide or crimes committed by the RPF after the end of the genocide.

Indigenous People

After the genocide the government banned identity card references to Hutu, Tutsi, or Twa ethnicity and prohibited social or political organizations based on ethnic affiliation. As a result the Twa, who numbered approximately 34,000, lost their official designation as an ethnic group. The government no longer recognizes groups advocating specifically for Twa needs, and some Twa believed this government policy denied them their rights as an indigenous ethnic group.

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

No laws criminalize sexual orientation or consensual same-sex sexual conduct between adults. The law does not explicitly prohibit discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, nationality laws, or access to government services such as health care. Cabinet-level government officials expressed support for the human rights of all persons regardless of sexual orientation, but LGBTI persons reported societal discrimination and abuse, including challenges to officially registering NGOs.

HIV and AIDS Social Stigma

The penal code provides for imprisonment of up to six months or a fine of up to 500,000 Rwandan francs ($575) or both for persons convicted of stigmatizing a sick person without the intention to protect the sick person or others. There were no reports of prosecutions under this statute. Discrimination against persons with HIV/AIDS occurred, although such incidents remained rare. The government actively supported relevant public education campaigns, including establishing HIV/AIDS awareness clubs in secondary schools and making public pronouncements against stigmatization of those with the disease.

The penal code also provides stiffer penalties for conviction of rape and defilement in cases of transmission of an incurable illness. In most cases of sexual violence, the victim and alleged perpetrator both undergo HIV testing.

According to RDF policy and in keeping with UN guidelines, the military did not permit its members with HIV/AIDS to participate in peacekeeping missions abroad but allowed them to remain in the RDF.

Saudi Arabia

Executive Summary

The Kingdom of Saudi Arabia is a monarchy ruled by King Salman bin Abdulaziz Al Saud, who is both head of state and head of government. The 1992 Basic Law sets out the system of governance, rights of citizens, and powers and duties of the government, and it provides that the Quran and Sunna (the traditions of the Prophet Muhammad) serve as the country’s constitution. It specifies that the rulers of the country shall be male descendants of the founder, King Abdulaziz (Ibn Saud). In 2015 the country held its most recent municipal elections on a nonparty basis for two-thirds of the 3,159 seats in the 284 municipal councils around the country. Independent polling station observers did not identify significant irregularities with the elections. For the first time, women were allowed to vote and run as candidates in these municipal elections.

Civilian authorities generally maintained effective control over the security forces.

Human rights issues included unlawful killings; executions for nonviolent offenses; forced renditions; forced disappearances; and torture of prisoners and detainees by government agents. There were also reports of arbitrary arrest and detention; political prisoners; arbitrary interference with privacy; criminalization of libel, censorship, and site blocking; restrictions on freedoms of peaceful assembly, association, and movement; severe restrictions of religious freedom; citizens’ lack of ability and legal means to choose their government through free and fair elections; trafficking in persons; violence and official discrimination against women, although new women’s rights initiatives were implemented; criminalization of consensual same-sex sexual activity; and prohibition of trade unions.

Government agents carried out the killing of journalist Jamal Khashoggi inside the consulate of Saudi Arabia in Istanbul, Turkey, on October 2. King Salman pledged to hold all individuals involved accountable, regardless of position or rank. Several officials were removed from their positions, and on November 15, the Public Prosecutor’s Office (PPO) announced the indictment of 11 suspects. The PPO announced it would seek the death penalty for five of the suspects charged with murder and added that an additional 10 suspects were under further investigation. At year’s end the PPO had not named the suspects nor the roles allegedly played by them in the killing, nor had they provided a detailed explanation of the direction and progress of the investigation. In other cases the government did not punish officials accused of committing human rights abuses, contributing to an environment of impunity.

The country continued air operations in Yemen as leader of a military coalition formed in 2015 to counter the 2014 forceful takeover of the Republic of Yemen’s government institutions and facilities by Houthi militias and security forces loyal to former president Ali Abdullah Saleh. Saudi-led coalition airstrikes in Yemen resulted in civilian casualties and damage to infrastructure on a number of occasions, and the United Nations and nongovernmental organizations (NGOs), such as Human Rights Watch (HRW) and Amnesty International, reported that some coalition airstrikes caused disproportionate collateral damage. Houthi-aligned militias carried out cross-border raids into Saudi territory and fired missiles and artillery into Saudi Arabia throughout the year, killing and injuring Saudi civilians. The coalition’s Joint Incident Assessment Team, established by the Saudi government and based in Riyadh, investigated allegations of civilian casualties, published recommendations, and in some cases promised to provide compensation to affected families, although no prosecutions occurred.

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 engaged in arbitrary or unlawful killings. On October 2, Jamal Khashoggi, a prominent Saudi journalist who lived abroad in “self-exile,” was killed by government agents during a visit to the Saudi Arabian consulate in Istanbul, Turkey. The government initially claimed he had left the consulate in good health but changed its story as facts came to light. On November 15, the PPO announced the indictment of 11 suspects in Khashoggi’s killing and that it would seek the death penalty for five of them charged with murder. The PPO added that an additional 10 suspects were under investigation in connection with the case. The PPO did not name the suspects. Previously, on October 19, the government announced the dismissal of five senior officials, including Royal Court advisor Saud al-Qahtani and Deputy Chief of the General Intelligence Presidency Ahmad al-Asiri, in connection with Khashoggi’s killing. In 2016 authorities reportedly banned Khashoggi from writing, appearing on television, and attending conferences due to remarks he made that were interpreted as critical of foreign and Saudi government officials, according to multiple media sources.

On March 12, the New York Times reported that unnamed sources said 17 detainees–among them princes, businessmen, and former and current government officials–held at the Ritz Carlton Hotel in Riyadh in November 2017 had required hospitalization for physical abuse and that one had died in custody.

Under the country’s interpretation and practice of sharia (Islamic law), capital punishment may be imposed for a range of nonviolent offenses, including apostasy, sorcery, and adultery, although in practice death sentences for such offenses were rare and often reduced on appeal. The government, however, frequently implemented capital punishment for nonviolent drug trafficking offenses. According to the governmental Saudi Press Agency, the country carried out 145 executions as of December 19, 57 of which were for drug-related offenses. Three of those executions were carried out in public.

Since the country lacks a comprehensive written penal code listing criminal offenses and the associated penalties for them (see section 1.e.), punishment–including the imposition of capital punishment–is subject to considerable judicial discretion. Defendants are able to appeal their sentences. The law requires a five-judge appellate court to affirm a death sentence, which a five-judge panel of the Supreme Court must unanimously affirm. Appellate courts may recommend changes to a sentence, including increasing a lesser sentence to the death penalty.

Defendants possess the right under the law to seek commutation of a death sentence for some crimes and may receive a royal pardon under specific circumstances (see section 1.d.).

Many of those executed during the year had been convicted in trials that did not meet international minimum fair trial standards, according to NGOs such as Amnesty International. Amnesty noted that “those sentenced to death are often convicted solely on the basis of ‘confessions’ obtained under torture and other mistreatment, denied legal representation in trials which are held in secret, and are not kept informed of the progress of the legal proceedings in their case.”

In August the public prosecutor charged six Eastern Province activists with offenses that potentially could lead to death sentences based on the sharia principle of ta’zir, or “discretionary” punishments, according to HRW. The judge has discretion over the definition of what constitutes a crime and the sentence. The activists had initial hearings before the Specialized Criminal Court (SCC), set up in 2008 to try terrorism cases, on charges including “participating in violent protests” in the Qatif area of Eastern Province. Local and international human rights organizations noted the hearings before the SCC lacked transparency and did not adhere to minimum fair trial standards.

On March 15, seven UN experts issued a statement expressing concern over the pending death sentence of Abbas Haiji al-Hassan and 14 others, whom the SCC convicted of spying for Iran, financing terrorism, and illegally proselytizing in 2016. The experts called on the government to annul the death sentences, which had been upheld by further court rulings in July and December 2017. Al-Hassan was later transferred to the State Security Presidency (SSP), and his sentence was, at year’s end, subject to ratification by the king. The UN report commented: “We are concerned that these individuals were subjected to torture during their interrogation to obtain confessions and that the death sentences may be based on evidence obtained under these conditions.”

The government also imposed death sentences for crimes committed by minors. According to the European Saudi Organization for Human Rights (ESOHR), at year’s end eight individuals on death row were minors when detained, or at the time they committed offenses. The new Juvenile Law (approved by Royal Decree No. M/113, dated August 1, 2018), however, sets the legal age at 18 based on the Hijri calendar and in some cases permits detention of minors in a juvenile facility for up to 15 years if the crime is otherwise punishable by death.

At year’s end the government had not carried out the execution of Ali Mohammed Baqir al-Nimr, sentenced to death in 2014 for crimes he allegedly committed when he was 17. Al-Nimr was charged with protesting, aiding and abetting fugitives, attacking security vehicles, and various violent crimes. Human rights organizations reported due process concerns relating to minimum fair trial standards for his case. Al-Nimr was the nephew of Shia cleric Nimr al-Nimr, executed in 2016.

There were terrorist attacks in the country during the year. A police officer, a Bangladeshi national, and two attackers were killed in a terrorist attack claimed by ISIS that targeted a security checkpoint in Buraidah, Qassim Province, on July 8.

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

The law provides that “the State shall protect human rights in accordance with Islamic sharia.” The government restricted the activities of domestic and international human rights organizations. The government did not allow international human rights NGOs to be based in the country and restricted access to the country for visits. International human rights and humanitarian NGOs reported that the government was at times unresponsive to requests for information and did not establish a clear mechanism for communication with NGOs on both domestic human rights issues and issues relating to the conflict in Yemen. There were no transparent standards governing visits by international NGO representatives. The HRC stated that the government welcomed visits by legitimate, unbiased human rights groups but added the government could not act on the “hundreds of requests” it received, in part because it was cumbersome to decide which domestic agencies would be their interlocutor.

The government often cooperated with and sometimes accepted the recommendations of the NSHR, the sole government-licensed domestic human rights organization. The NSHR accepted requests for assistance and complaints about government actions affecting human rights.

The government viewed unlicensed local human rights groups with suspicion, frequently blocking their websites and charging their founders with founding and operating unlicensed organizations.

Government Human Rights Bodies: The HRC is part of the government and requires the permission of the Ministry of Foreign Affairs before meeting with diplomats, academics, or researchers with international human rights organizations. The HRC president has ministerial status and reports to the king. The well-resourced HRC was effective in highlighting problems and registering and responding to the complaints it received, but its capacity to effect change was more limited. The HRC worked directly with the Royal Diwan and the cabinet, with a committee composed of representatives of the Consultative Council and the Ministries of Labor and Social Development and Interior, and with Consultative Council committees for the judiciary, Islamic affairs, and human rights.

During the year the HRC and NSHR were more outspoken in areas deemed less politically sensitive, including child abuse, child marriage, prison conditions, and cases of individuals detained beyond their prescribed prison sentences. They avoided topics such as protests or cases of political activists or reformers that would require directly confronting government authorities. The HRC board’s 18 full-time members included four women and at least three Shia; they received and responded to complaints submitted by their constituencies, including problems related to persons with disabilities, religious freedom, and women’s rights. The Consultative Council’s Human Rights Committee also actively followed cases and included women and Shia among its members; a woman served as chairperson of the committee.

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

Women

Rape and Domestic Violence: Rape is a criminal offense under sharia with a wide range of penalties from flogging to execution. The law does not recognize spousal rape as a crime. The government enforced the law based on its interpretation of sharia, and courts often punished victims as well as perpetrators for illegal “mixing of genders,” even when there was no conviction for rape. Victims also had to prove that the rape was committed, and a woman’s testimony in court was not always accepted.

Due to these legal and social obstacles, authorities brought few cases to trial. Statistics on incidents of, and prosecutions, convictions, or punishments for rape were not available, but press reports and observers indicated rape was a serious problem. Moreover, most rape cases were likely unreported because victims faced societal and familial reprisal, including diminished marriage opportunities, criminal sanction up to imprisonment, or accusations of adultery or sexual relations outside of marriage, which are punishable under sharia.

The law against domestic violence provides a framework for the government to prevent and protect victims of violence in the home. The law defines domestic abuse broadly and criminalizes domestic abuse with penalties of one month to one year of imprisonment or a fine of 5,000 to 50,000 riyals ($1,330 to $13,300), unless a court provides a harsher sentence.

Researchers stated it was difficult to gauge the magnitude of the problem, which they believed to be widespread. The National Family Safety Program (NFSP), a quasi-governmental organization under the Ministry of National Guard, was founded in 2005 to spread awareness of and combat domestic violence, including child abuse, and continued to report abuse cases.

Officials stated the government did not clearly define domestic violence and procedures concerning cases, including thresholds for investigation or prosecution, and thus enforcement varied from one government body to another. Some women’s rights advocates were critical of investigations of domestic violence, claiming investigators were hesitant to enter a home without permission from the male head of household, who may also be the perpetrator of violence. Some activists also claimed that authorities often did not investigate or prosecute cases involving domestic violence, instead encouraging victims and perpetrators to reconcile in order to keep families intact regardless of reported abuse. There were reports of police or judges returning women directly to their abusers, most of whom were the women’s legal guardians.

On March 8, a woman from Sabya Governorate in the southwestern Jazan Province appeared in a video pleading for help after her older brother and his family allegedly beat her and threw her out of a house she shared with them, along with her ill mother and her two children. She explained that when she went to report the abuse to police, they asked her to bring her male guardian. When the video went viral on social media, the Ministry of Labor and Social Development announced its Social Protection Unit in Jazan intervened and was studying her case. At year’s end there were no known updates to this case.

The government made efforts to combat domestic violence. During the year the King Abdulaziz Center for National Dialogue held workshops and distributed educational materials on peaceful conflict resolution between spouses and within families. The Ministry of Labor and Social Development administered government-supported family-protection shelters. The HRC received complaints of domestic abuse and referred them to other government offices. The HRC advised complainants and offered legal assistance to some female litigants. The organization provided services for children of female complainants and litigants and distributed publications supporting women’s rights in education, health care, development, and the workplace.

Saudi women reported that domestic abuse in the form of incest was common but seldom reported to authorities due to fears over societal repercussions, according to local contacts.

Female Genital Mutilation/Cutting (FGM/C): FGM/C was not a common practice in the country, as the official government interpretation of sharia prohibits the practice.

Sexual Harassment: The extent of sexual harassment was difficult to measure, with little media reporting and no government data. The government’s interpretation of sharia guides courts on cases of sexual harassment. On May 29, the Council of Ministers passed the antisexual harassment law, which carries a maximum penalty of up to five years in prison and a fine of up to 300,000 riyals ($80,000). No statistics were available on the incidence of sexual harassment due to past reluctance to report violations. On August 8, the public prosecutor stated that the number of reported harassment cases was low and claimed the law was effective in limiting this crime. Employers in many sectors maintained separate male and female workspaces where feasible, in accordance with law.

On July 14, authorities arrested a young woman who jumped on stage to hug a male singer during a concert in the western city of Taif. Prosecutors announced that the woman would face charges pursuant to the antisexual harassment law, under which she could face two years in prison and a fine of up to 100,000 riyals ($26,700) if convicted.

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

Discrimination: Women continued to face significant discrimination under law and custom, and many remained uninformed about their rights.

The law does not provide for the same legal status and rights for women as for men, and since there is no codified personal status law, judges made decisions regarding family matters based on their interpretations of Islamic law. Although they may legally own property and are entitled to financial support from their guardian, women have fewer political or social rights than men, and they often are not treated as equal members in the political and social spheres. The guardianship system requires that every woman have a close male relative as her “guardian” with the legal authority to approve her travel outside of the country. In September a personal status court in Jeddah ordered a father to obtain a passport for his 24-year-old daughter so that she could resume her studies abroad. Women also require a guardian’s permission to exit prisons after completing their terms.

Women, however, can make their own determinations concerning hospital care. Women can work without their guardian’s permission, but some employers required women to have such permission, even though the law prohibits the practice. On February 15, the Ministry of Commerce and Investment announced women no longer need their male guardian’s permission to start a business.

On June 24, the government lifted its ban on women driving. The New York Times reported long delays in placement of female students in driving schools due to a limited number of teaching facilities and female staff for gender-segregated programs, and long delays obtaining driver’s licenses. On July 4, two men were arrested in Mecca for setting fire to a female motorist’s car. The motorist, Salma Al-Sherif, subsequently posted a widely circulated video on social media documenting the incident, claiming that her car was deliberately set alight by men “opposed to women drivers,” and that she had been repeatedly threatened and harassed by young men from her village of Samad in Mecca Province. On October 28, the Mecca Criminal Court acquitted the two defendants for lack of sufficient evidence. Al-Sherif appealed the verdict. On December 17, arsonists reportedly set fire to another car of a Jeddah woman, Nurhan Bassam, who was reportedly burned by arsonists.

Nationality law discriminates against women, who cannot directly transmit citizenship to their children, particularly if the children’s father is a noncitizen (see section 2.d. and section 6, Children). The country’s interpretation of sharia prohibits women from marrying non-Muslims, but men may marry Christians and Jews. Women require government permission to marry noncitizens; men must obtain government permission if they intend to marry citizens from countries other than Gulf Cooperation Council member states (Saudi Arabia, Bahrain, Kuwait, Oman, Qatar, and the United Arab Emirates). Regulations prohibit men from marrying women from Pakistan, Bangladesh, Chad, and Burma. The government additionally requires Saudi men wishing to marry a second wife who is a foreigner to submit documentation attesting to the fact that his first wife was disabled, had a chronic disease, or was sterile.

Widespread societal exclusion enforced by, but not limited to, state institutions restricted women from using many public facilities. The law requires women to sit generally in separate, specially designated family sections in public places. They frequently cannot consume food in restaurants that do not have such sections. Women risk arrest for riding in a private vehicle driven by a male who is not an employee (such as a hired chauffeur or taxi driver) or a close male relative. Cultural norms enforced by state institutions require women to wear an abaya (a loose-fitting, full-length cloak) in public. The CPVPV also generally expected Muslim women to cover their hair and non-Muslim women from Asian and African countries to comply more fully with local customs of dress than non-Muslim Western women.

In June a female television presenter, Shireen al-Rifaie, fled the country after authorities launched an investigation into claims that she wore an outfit deemed “indecent” by the Saudi General Commission for Audiovisual Media. Al-Rifaie was reporting on the end of the ban on women driving when her white abaya was blown open by the wind, revealing her clothes underneath.

Women also faced discrimination in courts, where in some cases the testimony of one man equals that of two women. All judges are male, and women faced restrictions on their practice of law (see section 3, Participation of Women and Minorities). In divorce proceedings women must demonstrate legally specified grounds for divorce, but men may divorce without giving cause, citing “irreconcilable differences.” In doing so, men must pay immediately an amount of money agreed at the time of the marriage that serves as a one-time alimony payment. Men may be forced, however, to make subsequent alimony payments by court order. The government began implementing an identification system based on fingerprints designed to provide women, such as those wearing a niqab, more access to courts.

Women faced discrimination under family law. For example, a woman needs a guardian’s permission to marry or must seek a court order in the case of adhl (male guardians refusing to approve the marriage of women under their charge). In such adhl cases, the judge assumes the role of the guardian and may approve the marriage. During the year courts adjudicated as many as 72 adhl cases and executed marriage contracts for women whose male custodians refused to approve their marriage, according to informed judicial sources quoted by local media.

Courts often award custody of children when they attain a specified age (seven years for boys and nine years for girls) to the divorced husband or the deceased husband’s family. In numerous cases former husbands prevented divorced noncitizen women from visiting their children. In March Justice Minister Sheikh Walid Al-Samaani directed all courts to drop the requirement for divorced women to file a lawsuit in order to gain custody of their children. Provided there were no disputes between the parents, mothers may now simply submit a request to the relevant court, without the need for legal action.

Inheritance laws also discriminate against women, since daughters receive half the inheritance awarded to their brothers.

According to recent surveys, women constituted 52 percent of public education and higher education students. Segregated education through university level was standard. The only exceptions to segregation in higher education were medical schools at the undergraduate level and the King Abdullah University of Science and Technology, a graduate-level research university, where women worked jointly with men, were not required to wear an abaya, and drove cars on campus. Other universities, such as al-Faisal University in Riyadh, offered partially segregated classes with students receiving instruction from the same teacher and able to participate together in class discussion, but with the women and men physically separated by dividers.

On March 12, the UN Committee on the Elimination of Discrimination against Women urged the country to end discriminatory practices against women, including its system of male guardianship, and give women full access to justice.

Children

Birth Registration: Citizenship derives from the father, and only the father may register a birth. There were cases of authorities denying public services to children of citizen parents, including education and health care, because the government failed to register the birth entirely or had not registered it immediately, sometimes because the father failed to report the birth or did not receive authorization to marry a foreigner. Children of women who were married to foreign spouses receive permanent residency, but their residency status is revocable in the event of the death of the Saudi mother (see section 2.d., Stateless Persons).

Child Abuse: Abuse of children occurred. In 2016 the NFSP started a Child Helpline dedicated to assisting children in matters ranging from bullying to abuse. The helpline provided counseling, tracking, and referrals to social services. In January NFSP official Maha al-Muneef reported that the child helpline received 270,000 calls annually, including 2,990 cases of abuse and neglect, 2,589 cases related to family violence, and 1,050 cases of school violence. The Ministry of Labor and Social Development had 17 Social Protection Units across the country providing social protection to children younger than 18 and vulnerable populations suffering domestic violence and abuse.

On July 17, authorities arrested a Saudi-based Yemeni mother who beat and tortured her six-month-old twin girls on camera for money. Video footage of the two babies being slapped and strangled went viral and sparked outrage.

Early and Forced Marriage: The law does not specify a minimum age for marriage, although Ministry of Justice guidelines referred marriage applications to sharia courts to determine the validity of a marriage when the bride was younger than 16. Families sometimes arranged such marriages to settle family debts without the consent of the child. The HRC and NSHR monitored cases of child marriages, which they reported were rare or at least rarely reported, and took steps to prevent consummation of the marriage. Media reports quoted judges as saying the majority of child marriage cases in the country involved Syrian girls, followed by smaller numbers of Egyptians and Yemenis. There were media reports that some men who traveled abroad to find brides sought to marry minors. The application for a marriage license must record the bride’s age, and registration of the marriage is a legal prerequisite for consummation. The government reportedly instructed marriage registrars not to register marriages involving children.

Sexual Exploitation of Children: The anti-cybercrimes law stipulates that punishment for such crimes, including the preparation, publication, and promotion of material for pornographic sites, may be no less than two and one-half years’ imprisonment or a fine of 1.5 million riyals ($400,000) if the crime includes the exploitation of minors. The law does not define a minimum age for consensual sex.

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

Anti-Semitism

There was no known data on Jewish citizens and no statistics available concerning the religious denominations of foreigners.

Cases of government-employed imams using anti-Jewish language in their sermons were rare and occurred without authorization by government authorities. The law requires government-employed imams to give all sermons delivered in mosques in the country. They must deliver sermons vetted and cleared by the Ministry of Islamic Affairs. During the year the ministry issued periodic circulars to clerics and imams in mosques directing them to include messages on the principles of justice, equality, and tolerance and to encourage rejection of bigotry and all forms of racial discrimination in their sermons.

Anti-Semitic material remained in school textbooks and online in private web postings, and some journalists, academics, and clerics made anti-Israel comments that sometimes strayed into anti-Semitism.

Trafficking in Persons

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

Persons with Disabilities

The law does not prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, air travel and other transportation, access to health care, the judicial system, or the provision of other state services or other areas. The law does not require public accessibility to buildings, information, and communications. Newer commercial buildings often included such access, as did some newer government buildings. Children with disabilities could attend government-supported schools.

Persons with disabilities could generally participate in civic affairs, and there were no legal restrictions preventing persons with disabilities from voting in municipal council elections. The Ministry of Labor and Social Development was responsible for protecting the rights of persons with disabilities. Vocational rehabilitation projects and social care programs increasingly brought persons with disabilities into the mainstream. Persons with disabilities were elected and appointed to municipal councils in 2015, and two individuals with disabilities served on the consultative Shura Council, which was reconstituted in 2016.

On June 12, Deputy Minister of Labor and Social Development Tamadur al-Rammah stated the government was working on a national strategy for persons with disabilities, including 23 initiatives designed to serve them, adding that a special commission was established to oversee the affairs of persons with disabilities.

National/Racial/Ethnic Minorities

Although racial discrimination is illegal, societal discrimination against members of national, racial, and ethnic minorities was a problem. There was also discrimination based on tribal or nontribal lineage. Descendants of former slaves in the country, who have African lineage, faced discrimination in both employment and society. There was formal and informal discrimination, especially racial discrimination, against foreign workers from Africa and Asia. On February 5, the NSHR said it had noted several instances of racial discrimination on the basis of nationality at some service facilities where some customers were denied services based on their nationality. A tolerance campaign by the King Abdulaziz Center for National Dialogue sought to address some of these problems, and it provided training during the year to combat discrimination against national, racial, or ethnic groups.

The government’s multi-year Tatweer project to revise textbooks, curricula, and teaching methods to promote tolerance and remove content disparaging religions other than Islam began in 2007. In November the Anti-Defamation League issued a report asserting that Saudi textbooks still contained anti-Semitic language.

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

Under sharia as interpreted in the country, consensual same-sex sexual conduct is punishable by death or flogging, depending on the perceived seriousness of the case. It is illegal for men “to behave like women” or to wear women’s clothes, and vice versa. Due to social conventions and potential persecution, lesbian, gay, bisexual, transgender, and intersex (LGBTI) organizations did not operate openly, nor were there LGBTI rights advocacy events of any kind. There were reports of official and societal discrimination, physical violence, and harassment based on sexual orientation or gender identity in employment, housing, access to education, and health care. Stigma or intimidation acted to limit reports of incidents of abuse.

There were no government efforts to address discrimination. In 2016 newspapers quoted PPO officials as stating the bureau would seek death sentences for anyone using social media to solicit homosexual acts. There were no reports, however, that the PPO sought death sentences in LGBTI cases during the year (see section 1.a.).

On January 8, police reported they arrested and referred to prosecutors several young men who appeared in a video described as a “gay wedding scene.” No updates on the case were publicly available.

HIV and AIDS Social Stigma

There were no reports of societal violence or discrimination against persons with HIV/AIDS. By law the government deported foreign workers who tested positive for HIV/AIDS upon arrival or who tested positive when hospitalized for other reasons. There was no indication that HIV-positive foreigners failed to receive antiretroviral treatment or that authorities isolated them during the year. The Ministry of Health’s HIV/AIDS program worked to fight stigma and discrimination against persons with HIV/AIDS.

Other Societal Violence or Discrimination

Social, legal, economic, and political discrimination against the country’s Shia minority continued. HRW claimed that some state clerics and institutions “incited hatred and discrimination against religious minorities, including the country’s Shia Muslim minority.”

To address the problem, the Ministries of Defense and Interior and the National Guard included antidiscrimination training in courses run by the King Abdulaziz Center for National Dialogue for police and other law enforcement officers (see section 6, Other Societal Violence and Discrimination).

In August the public prosecutor ordered the arrest of a Saudi man who appeared in a video carrying machine guns and threatening to kill Shia citizens in the southern city of Najran.

South Sudan

Executive Summary

South Sudan is a republic operating under the terms of a peace agreement signed in August 2015 and renewed in September. President Salva Kiir Mayardit, whose authority derives from his 2010 election as president of what was then the semiautonomous region of Southern Sudan within the Republic of Sudan, is chief of state and head of government. International observers considered the 2011 referendum on South Sudanese self-determination, in which 98 percent of voters chose to separate from Sudan, to be free and fair. Since then all government positions have been appointed rather than elected.

Civilian authorities routinely failed to maintain effective control over the security forces.

In 2013 a power struggle within the ruling Sudan People’s Liberation Movement (SPLM) party erupted into armed conflict. President Salva Kiir accused then first vice president Riek Machar Teny of plotting a coup. The two leaders appealed to their respective ethnic communities, and the conflict spread primarily to the northwest of the country. The parties signed several ceasefire agreements, culminating in the 2015 peace agreement. A ceasefire generally held from 2015 to July 2016, when fighting broke out in Juba, eventually spreading to the rest of the country. The major warring factions signed a “revitalized” peace agreement in September, which was still holding at year’s end.

Human rights issues included government-perpetrated extrajudicial killings, including ethnically based targeted killings of civilians; forced disappearances and the mass forced displacement of approximately 4.4 million civilians; torture; arbitrary detention; harsh and life-threatening prison conditions; political prisoners; violence against, intimidation, and detention of journalists, closure of media houses, censorship, and site blocking; substantial interference with freedom of association; significant restrictions on freedom of movement; restrictions on political participation; corruption; unlawful recruitment and use of approximately 19,000 child soldiers; widespread rape of civilians targeted as a weapon of war; trafficking in persons; criminalization of LGBTI conduct, and violence against the LGBTI community.

Security force abuses occurred throughout the country. Despite one successful prosecution, impunity was widespread and remained a major problem.

Opposition forces also perpetrated serious human rights abuses, which, according to the United Nations, included unlawful killings, abduction, rape, sexual slavery, and forced recruitment.

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 United Nations, international ceasefire monitors, human rights organizations, and media reported the government or its agents committed numerous arbitrary or unlawful killings. Security forces, opposition forces, armed militias affiliated with the government and the opposition, and ethnically based groups were also responsible for widespread extrajudicial killings in conflict zones (see section 1.g.).

There were numerous reported unlawful killings similar to the following example: According to the Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM), on February 26, SPLA forces attacked the town of Modit in Northern Jonglei. According to eyewitness reports, the soldiers looted and burned numerous properties, including those belonging to an international NGO. Reportedly, the SPLA targeted a tukul (a South Sudanese hut), in which a number of schoolchildren had sought refuge. According to witnesses, SPLA soldiers set it alight with the children inside and stood at the door of the tukul to ensure the children were eventually burnt to death.

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

A variety of domestic and international human rights groups investigated and published information on human rights cases and the armed conflict, often while facing considerable government resistance. Government officials were rarely cooperative and responsive to their views, and were often actively hostile. Reports outlining atrocities furthered tensions between the government and international organizations and NGOs. Government and opposition forces often blamed each other or pointed toward militia groups or “criminal” actors.

The United Nations or Other International Bodies: The government sometimes cooperated with representatives of the United Nations and other international organizations. A lack of security guarantees from the government and opposition on many occasions, as well as frequent government violations of the status of forces agreement, including the restriction of movement of UNMISS personnel, constrained UNMISS’s ability to carry out its mandate, which included human rights monitoring and investigations. Security forces generally regarded international organizations with suspicion.

UNMISS and its staff faced increased harassment and intimidation by the government, threats against UNMISS premises and PoC sites, unlawful arrest and detention, and abduction. The SPLA regularly prevented UNMISS from accessing areas of suspected human rights abuses, especially in Yei State and in the Eastern Equatoria region, in violation of the status of forces agreement that allows UNMISS access to the entire country. Team members of the UN Security Council’s Panel of Experts reported generally good access to conduct their work, as did the UN Commission on Human Rights in South Sudan.

Government Human Rights Bodies: The president appoints members of the South Sudan Human Rights Commission (SSHRC), whose mandate includes education, research, monitoring, and investigation of human rights abuses, either on its own initiative or upon request by victims. International organizations and civil society organizations considered the SSHRC’s operations to be generally independent of government influence. The commission cooperated with international human rights advocates and submitted reports and recommendations to the government.

While observers generally regarded the SSHRC to have committed and competent leadership, severe resource constraints prevented it from effectively fulfilling its human rights protection mandate. Salaries and office management accounted for the bulk of its funding, leaving little for monitoring or investigation. In 2015 the commission released a three-year strategy and reported on 700 previously undocumented prisoners; however, it has produced little since, including during the year.

The National Committee for the Prevention and Punishment of Genocide remained largely inactive throughout the year.

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

Women

Rape and Domestic Violence: Rape is punishable by up to 14 years’ imprisonment and a fine. The government did not effectively enforce the law, and rape was widespread. The law defines sexual intercourse within marriage as “not rape.” No information was available on the number of persons prosecuted, convicted, or punished for rape, and convictions of rape seldom were publicized. According to observers, sentences for persons convicted of rape were often less than the maximum. Since the conflict began in 2013, conflict-related sexual violence was widespread. The targeting of girls and women reached epidemic proportions following skirmishes and attacks on towns in conflict zones, and sex was often used as a weapon of war (see section 1.g.). Women and girls also faced the threat of rape while living in UN PoC sites and when leaving PoC sites to conduct daily activities.

The law does not prohibit domestic violence. Violence against women, including spousal abuse, was common, although there were no reliable statistics on its prevalence. According to NGOs, some women reported police tried to charge them SSP 20 ($0.16) or more when they attempted to file the criminal complaints of rape or abuse. While not mandatory, police often told women they needed to complete an official report prior to receiving medical treatment. Families of rape victims encouraged marriage to the rapist to avoid public shaming.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is a criminal offense under the penal code, but little data existed to determine its prevalence. The law prohibits subjecting children to negative and harmful practices that affect their health, welfare, and dignity. Although not a common practice, FGM/C occurred in some regions, particularly along the northern border regions in Muslim communities. Several NGOs worked to end FGM/C, and the Ministry of Gender, Children, and Social Welfare raised awareness of the dangers of FGM/C through local radio broadcasts.

Other Harmful Traditional Practices: The practice of girl compensation–compensating the family of a crime victim with a girl from the perpetrator’s family–occurred. Victims were generally between ages 11 and 15, did not attend school, and often were physically and sexually abused and used as servants by their captors. Local officials complained the absence of security and rule of law in many areas impeded efforts to curb the practice. Dowry practices were also common. NGOs reported fathers often forced daughters, generally minors, to marry older men in exchange for cattle or money.

Sexual Harassment: Sexual harassment is punishable by up to three years’ imprisonment and a fine. The government rarely enforced the law, and NGOs reported most women were unaware it was a punishable offense. Observers noted sexual harassment, particularly by military and police, was a serious problem throughout the country.

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

Discrimination: While the transitional constitution provides for gender equality and equal rights for women, deep cultural prejudices resulted in widespread discrimination against women. High illiteracy rates also impeded women’s ability to understand and defend their rights. Communities often followed customary laws and traditional practices that discriminated against women. For example, authorities arrested and detained women for adultery.

Despite statutory law to the contrary, under customary law, a divorce is not final until the wife and her family return the full dowry to the husband’s family. As a result, families often dissuaded women from divorce. Traditional courts usually ruled in favor of the husband’s family in most cases of child custody, unless children were between three and seven years of age.

Women also experienced discrimination in employment, pay, credit, education, inheritance, housing, and ownership and management of businesses or land. Although women have the right to own property and land under the transitional constitution, community elders often sought to prevent women from exercising these rights because they contradicted customary practice.

Children

Birth Registration: Citizenship is derived through birth if a person has any South Sudanese parent, grandparent, or great-grandparent on either the mother’s or the father’s side, or if a person is a member of one of the country’s indigenous ethnic communities. Individuals may also derive citizenship through naturalization. Birth in the country is not sufficient to claim citizenship. The government did not register all births immediately.

Education: The transitional constitution and the 2012 Education Act provide for tuition-free, compulsory basic education through grade eight. Armed conflict and violence, however, were key factors preventing children from attending school throughout the year. UNICEF estimated nearly three-quarters of the country’s children were not attending school. The expansion of conflict also resulted in the displacement of many households and widespread forced recruitment of children, particularly boys, by armed groups (see section 6), making it difficult for children to attend school and for schools to remain in operation. NGOs reported government and opposition forces, and militias associated with both, looted numerous schools in conflict zones. In addition, the government did not give priority to investments in education, particularly basic education, and schools continued to lack trained teachers, educational materials, and other resources. Girls often did not have equal access to education. Many girls did not attend school or dropped out of school due to early marriage, domestic duties, and fear of gender-based violence at school. According to the 2015 Education for All national review, girls constituted only 39 percent of primary school students and 32 percent of secondary school students, although this figure may be even lower due to continuing violence and displacement because of the conflict.

Child Abuse: Abuse of children included physical violence, abduction, and harmful traditional practices such as “girl compensation” (see Other Harmful Traditional Practices). Child abuse, including sexual abuse, was reportedly widespread. Child rape occurred frequently in the context of child marriage and within the commercial sex industry in urban centers, and armed groups perpetrated it. Authorities seldom prosecuted child rape due to fear among victims and their families of stigmatization and retaliation. Child abduction also was a problem. Rural communities often abducted women and children during cattle raids (see section 1.g.).

Early and Forced Marriage: The law provides that every child has the right to protection from early marriage but does not explicitly prohibit marriage before age 18. Child marriage was common. According to the Ministry of Gender, Child, and Social Welfare, nearly half of all girls and young women between the ages of 15 and 19 were married, and some brides were as young as 12. Early marriage sometimes reflected efforts by men to avoid rape charges, which a married woman cannot bring against her husband. In other cases families of rape victims encouraged marriage to the rapist to avoid public shaming. Many abducted girls, often repeatedly subjected to rape (see section 1.g.), were forced into marriage. For additional information, see Appendix C.

Sexual Exploitation of Children: The law designates a minimum age of 18 years for consensual sex, although commercial sexual exploitation of children occurred. Perpetrators of child prostitution and child trafficking may be punished by up to 14 years’ imprisonment, although authorities rarely enforced these laws. Child prostitution and child trafficking both occurred, particularly in urban areas.

Child Soldiers: The law prohibits recruitment and use of children for military or paramilitary activities and prescribes punishments of up to 10 years’ imprisonment. Opposition and government forces and affiliated armed militia groups recruited and used child soldiers throughout the year (see section 1.g.).

Displaced Children: During the year conflict displaced numerous children, both as refugees and IDPs (see section 1.g.).

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

Anti-Semitism

There were no statistics concerning the number of Jews in the country. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law does not specifically prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, air travel and other transportation, access to health care, or the provision of other government services. NGOs reported community and family routinely subjected persons with disabilities to discrimination. The government did not enact or implement programs to provide access to buildings, information, or communications public services. The Transitional Constitution and the 2012 Education Act stipulate primary education be provided to children with disabilities without discrimination. Very few teachers, however, were trained to address the needs of children with disabilities, and very few schools were able to provide a safe, accessible learning environment for children with disabilities. There were no legal restrictions on the right of persons with disabilities to vote and otherwise participate in civic affairs, although lack of physical accessibility constituted a barrier to effective participation. There were no mental health hospitals or institutions, and persons with mental disabilities were often held in prisons. Limited mental health services were available at Juba Teaching Hospital.

There were no reports of police or other government officials inciting, perpetuating, or condoning violence against persons with disabilities, or official action taken to investigate or punish those responsible for violence against persons with disabilities.

Persons with disabilities also faced disproportional hardship during famine conditions and continuing violence throughout the year. Human Rights Watch reported persons with disabilities were often victimized by both government and opposition forces. Persons with disabilities faced difficulty fleeing areas under attack and accessing humanitarian assistance in displacement camps. Since 2013 the conflict itself disabled an unknown number of civilians, who experienced maiming, amputation, sight and hearing impairment, and trauma. The World Health Organization estimated 250,000 persons with disabilities were living in displacement camps, while the estimated number of persons with disabilities in the country could be more than one million.

National/Racial/Ethnic Minorities

Interethnic fighting and violence by government, opposition forces, and armed militias affiliated with the government and the opposition targeting specific ethnic groups resulted in human rights abuses throughout the year (see section 1.g.). The country has at least 60 ethnic groups and a long history of interethnic conflict. Ethnic groups were broadly categorized into the Nilotic (Dinka, Nuer, and Shilluk ethnic groups), Nilo-Hamitic, and Southwestern Sudanic groups. For some ethnic groups, cattle represented wealth and status. Competition for resources to maintain large cattle herds often resulted in conflict. Longstanding grievances over perceived or actual inequitable treatment and distribution of resources and political exclusion contributed to conflict.

Interethnic clashes occurred throughout the year. Insecurity, inflammatory rhetoric–including hate speech–and discriminatory government policies led to a heightened sense of tribal identity, exacerbating interethnic differences.

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

The law does not prohibit same-sex sexual acts, but it prohibits “unnatural offenses,” defined as “carnal intercourse against the order of nature,” which are punishable by up to 10 years’ imprisonment if committed with consent and up to 14 years if without consent. There were no reports authorities enforced the law.

There were reports of incidents of discrimination and abuse. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons reported security forces routinely harassed and sometimes arrested, detained, tortured, and beat them. Because of actively hostile government rhetoric and actions, most openly LGBTI citizens fled the country.

HIV and AIDS Social Stigma

While there were no reports filed regarding discrimination against persons with HIV/AIDS, discrimination was widely believed to be both pervasive and socially acceptable. Key groups especially vulnerable to stigma and discrimination included commercial sex workers and LGBTI persons. This stigma often presented a barrier to seeking and receiving services for the prevention, diagnosis, and treatment of HIV/AIDS.

Other Societal Violence and Discrimination

Throughout the year disputes between Dinka herders and agrarian youths over cattle grazing in the Equatorias at times deteriorated into violent and retaliatory events, leaving numerous dead and injured, and forcing thousands to flee their homes.

Civilian casualties and forced displacements occurred in many parts of the country when raiders stole cattle, which define power and wealth in many traditional communities. Land disputes often erupted when stolen cattle were moved into other areas, also causing civilian casualties and displacement. SPLA and police sometimes engaged in revenge killings both between and within ethnic groups.

Sudan

Executive Summary

Sudan is a republic with power concentrated in the hands of authoritarian President Omar Hassan al-Bashir and his inner circle. The National Congress Party (NCP) continued approximately three decades of nearly absolute political authority. The country last held national elections (presidential and National Assembly) in 2015. Key opposition parties boycotted the elections when the government failed to meet their preconditions, including a cessation of hostilities, holding of an inclusive “national dialogue,” and fostering of a favorable environment for discussions between the government and opposition on needed reforms and the peace process. Prior to the elections, security forces arrested many supporters, members, and leaders of boycotting parties and confiscated numerous newspapers, conditions that observers said created a repressive environment not conducive to free and fair elections. Only 46 percent of eligible voters participated in the elections, according to the government-controlled National Electoral Commission (NEC), but others believed the turnout was much lower. The NEC declared al-Bashir winner of the presidential election with 94 percent of the vote.

Civilian authorities at times did not maintain effective control over the security forces. Some armed elements did not openly identify with a particular security entity, making it difficult to determine under whose control they operated.

The government repeatedly extended its 2016 unilateral cessation of hostilities (COH) in Blue Nile and South Kardofan states (the “Two Areas”) and an end to offensive military action in Darfur. Clashes between the Sudan Liberation Army/Abdul Wahid (SLA/AW) and government forces resumed, however, in April and continued through July, and there were credible reports that villages in Darfur’s Jebel Marra mountain range were targeted for attack during these clashes, resulting in thousands of newly displaced civilians. Nevertheless, the COH did allow for periods of increased stability and an overall improvement in the human rights situation in Darfur and the Two Areas. As part of its UN Security Council-mandated reconfigurations, the African Union/United Nations Hybrid operation in Darfur (UNAMID) established a Jebel Marra Task Force and a temporary operating base in Golo to monitor the humanitarian and security situation in the area. In Darfur weak rule of law persisted, and banditry, criminality, and intercommunal violence were main causes of insecurity in Darfur.

Human rights issues included unlawful or arbitrary killings, forced disappearance, torture, and arbitrary detention, all by security forces; harsh and life-threatening prison conditions; political prisoners; arrests and intimidation of journalists, censorship, newspaper seizures, and site blocking; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization (NGO) laws; restrictions on religious liberty; restrictions on political participation; corruption; lack of accountability in cases involving violence against women, including rape and female genital mutilation/cutting (FGM/C); trafficking in persons; outlawing of independent trade unions; and child labor.

Government authorities did not investigate human rights violations by the National Intelligence and Security Services (NISS), the military, or any other branch of the security services, with limited exceptions relating to the Sudanese Armed Forces (SAF). Impunity remained a problem in all branches of the security forces and government institutions.

In Darfur and the Two Areas, paramilitary forces and rebel groups continued to commit killings, rape, and torture of civilians. Local militias maintained substantial influence due to widespread impunity. There were reports of both progovernment and antigovernment militias looting, raping, and killing civilians. Intercommunal violence spawned from land tenure and resource scarcity continued to result in civilian deaths, particularly in East, South, and North Darfur. The government continued its national arms collection campaign, which began in October 2017, mostly in Darfur.

There were some human rights abuses in Abyei, a region claimed by both Sudan and South Sudan, generally stemming from tribal conflict between Ngok Dinka and Misseriya. Reports were difficult to verify due to limited access.

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

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

There were numerous reports that the government or its agents committed arbitrary or unlawful killings.

Security forces used lethal excessive force against civilians, demonstrators, and detainees, including in conflict zones (see section 1.g.). On January 6, in El Geneina, West Darfur, Rapid Support Forces (RSF) used live ammunition against a large group of high school and university students protesting poor economic conditions in front of the regional governor’s office. Several students were severely wounded and 19-year-old student Alzubair Ahmed Alsukairan died from a gunshot wound to the chest. The governor promised the police would investigate the student’s death. As of year’s end, no information on the investigation had been made public.

In response to protests that broke out on December 19 and spread throughout the country, security forces fired live ammunition in Gadaref city, Atbara city, and the Al haj Youssef neighborhood in Khartoum, resulting in credible reports of at least 30 deaths (see sections 1.c., 1.d., and 2.a.).

There were multiple reports during the year of deaths resulting from torture, including of a student who disappeared in January when participating in protests (see section 1.b.).

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

The government was uncooperative with, and unresponsive to, domestic human rights groups. It restricted and harassed workers of both domestic and international human rights organizations.

According to international NGOs, government agents consistently monitored, threatened, prosecuted, and occasionally physically assaulted civil society human rights activists. Unlike in previous years, there were no reports that the government arrested NGO-affiliated international human rights and humanitarian workers.

The United Nations or Other International Bodies: Government denial of visas continued to undermine UNAMID’s human rights section in particular; it had a vacancy rate of 44 percent, largely as a result of visa denials. International observers alleged the section was targeted to curtail human rights reporting on the Darfur conflict. As of October four visa applications for UNAMID’s human rights section were awaiting government action. In addition to general limitations on UNAMID’s access to Darfur, other limitations remained in place specific to UNAMID human rights reporting, including verification of sexual and gender-based abuse.

The government is a party to the African Charter on Human and Peoples’ Rights.

During the year the government generally permitted visits by the UN independent expert on the situation of human rights in Sudan, Aristide Nononsi. Nononsi, however, was not generally granted meaningful access to the conflict areas. While he met with some independent civil society organizations, most of his meetings were with government officials or government-aligned NGOs. Government officials tightly controlled his schedule, and his opportunities to meet with independent civil society organizations were few.

Government Human Rights Bodies: Human rights defenders regularly filed complaints with the National Human Rights Commission regarding perceived human rights violations.

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

Women

Rape and Domestic Violence: Rape and sexual harassment are criminal offenses, and a rape victim cannot be prosecuted for adultery. Marital rape is not recognized.

There were no reliable statistics on the prevalence of rape and domestic violence. The international expert on the human rights situation in Sudan and UNAMID’s human rights section reported that they received regular reports of incidents of rape and sexual and gender-based violence (see section 1.g.). Monitoring groups reported that the incidence of rape and sexual assault increased as the economic situation worsened during the year. Human rights organizations cited substantial barriers to reporting sexual and gender-based violence, including cultural norms, police reluctance to investigate, and the widespread impunity of perpetrators.

On April 19, a criminal court in Omdurman convicted 19-year-old Noura Hussein of the murder of her husband under article 130 of the 1991 Criminal Code. Hussein was sentenced to death on May 3, but an appeals court later reduced the sentence to five years’ imprisonment and payment of blood money to her deceased husband’s family. Hussein became engaged at the age of 15 under pressure from her family and was married three years later. Her defense team and supporters report that she was raped by her husband with the help of male family members after she refused to consummate the marriage, and claimed Hussein acted in self-defense. The case generated substantial attention to the country’s family and marriage laws and provoked a national movement calling for legal reform and an end to child marriage.

Female Genital Mutilation/Cutting (FGM/C): FGM/C remained a problem throughout the country. No national law prohibits FGM/C, and the procedure continued to be used on women and girls throughout the country. The government launched a national campaign in 2008 to eradicate FGM/C by 2018; since 2008 five states passed laws prohibiting FGM/C: South Kordofan, Gedaref, Red Sea, South Darfur, and West Darfur. The government, with the support of the first lady, continued to prioritize the “saleema” (uncut) campaign, which raised public awareness. The government continued to work with UNICEF, the UN Population Fund (UNFPA), and the World Health Organization to end FGM/C.

According to UNICEF and UNFPA, the prevalence rate of FGM/C among girls and women between 15 and 49 years old was 87 percent. Prevalence varied geographically and depended on the local ethnic group.

For more information, see data.unicef.org/resources/female-genital-mutilation-cutting-country-profiles/ .

Sexual Harassment: There were frequent reports of sexual harassment by police. The government did not provide any information on the number of sexual harassment reports made. NGOs, not the government, made most efforts to curb sexual harassment.

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

Discrimination: The law, including many traditional legal practices and certain provisions of Islamic jurisprudence as interpreted and applied by the government, discriminates against women. In accordance with Islamic judicial interpretation, a Muslim widow inherits one-eighth of her husband’s estate; of the remaining seven-eighths, two-thirds goes to the sons and one-third to the daughters. In certain probate trials, a woman’s testimony is not considered equal to a man’s; the testimony of two women is required. In other civil trials, the testimony of a woman equals that of a man.

By law a Muslim man may marry a Jewish or Christian woman. A Muslim woman may not marry a non-Muslim man and may be charged with adultery if she does so.

Various government institutions required women to dress according to Islamic or cultural standards, including wearing a head covering. In Khartoum Public Order Police occasionally brought women before judges for allegedly violating Islamic standards. One women’s advocacy group estimated that in Khartoum, Public Order Police arrested an average of 40 women per day. Islamic standards for dress generally were not legally enforced for non-Muslims, but were culturally enforced.

Children

Birth Registration: The Interim National Constitution states persons born to a citizen mother or father have the right to citizenship. The law, however, granted citizenship only to children born to a citizen father by descent until July 2017, when the Supreme Court recognized the right of mothers to confer citizenship on their children.

Most newborns received birth certificates, but some in remote areas did not. Registered midwives, dispensaries, clinics, and hospitals could issue certificates. Failure to present a valid birth certificate precludes enrollment in school. Access to health care was similarly dependent on possession of a valid birth certificate, but many doctors accepted a patient’s verbal assurance that he or she had one.

Education: The law provides for tuition-free basic education up to grade eight, but students often had to pay school, uniform, and examination fees to attend. Primary education is neither compulsory nor universal.

Child Abuse: The government tried to enforce laws criminalizing child abuse and was more likely to prosecute cases involving child abuse and sexual exploitation of children than cases involving adults. Some police stations included “child friendly” family and child protection units and provided legal, medical, and psychosocial support for children.

Early and Forced Marriage: The legal age of marriage was 10 years for girls and 15 years or puberty for boys. The government and the president’s wife continued to work to end child marriage.

Sexual Exploitation of Children: Penalties for the sexual exploitation of children vary and can include imprisonment, fines, or both. The government tried to enforce laws criminalizing child sexual exploitation.

There is no minimum age for consensual sex or a statutory rape law. Pornography, including child pornography, is illegal. Statutes prescribe a fine and period of imprisonment not to exceed 15 years for child pornography offenses.

Displaced Children: Internally displaced children often lacked access to government services such as health and education due to both security concerns and an inability to pay related fees. In July UNICEF reported that approximately 960,000 children were internally displaced.

Institutionalized Children: Police typically sent homeless children who had committed crimes to government camps for indefinite periods. Health care, schooling, and living conditions were generally very basic. All children in the camps, including non-Muslims, had to study the Quran.

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

Anti-Semitism

A very small Jewish community remained in the country, predominantly in the Khartoum area. Societal attitudes were generally not tolerant of Jewish persons, although anti-Semitic acts were rare.

Trafficking in Persons

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

Persons with Disabilities

Although the law and the Interim National Constitution, provides protection for persons with disabilities, social stigma and a lack of resources hindered the government’s enforcement of disability laws. The law does not specifically prohibit discrimination against persons with disabilities.

Social stigma and lack of resources often prevented government and private entities from accommodating persons with disabilities in education and employment. Appropriate supports were especially rare in rural areas.

The government had not enacted laws or implemented effective programs to provide for access to buildings, information, and communication for persons with disabilities.

National/Racial/Ethnic Minorities

The population includes more than 500 ethnic groups, speaking numerous languages and dialects. Some of these ethnic groups self-identify as Arab, referring to their language and other cultural attributes. Northern Muslims traditionally dominated the government.

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

The law does not specifically prohibit homosexuality but criminalizes sodomy, which is punishable by death. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons are not considered a protected class under antidiscrimination laws. Antigay sentiment was pervasive in society. LGBTI organizations increasingly felt pressured to suspend or alter their activities due to threat of harm. Several LGBTI persons felt compelled to leave the country due to fear of persecution, intimidation, or harassment.

There were no reports of official action to investigate or punish those complicit in LGBTI-related discrimination or abuses.

HIV and AIDS Social Stigma

There was societal discrimination against persons with HIV/AIDS.

Other Societal Violence or Discrimination

Clashes sometimes resulted from conflicts over land rights, mineral ownership, and use of gold-mining areas, particularly in the Jebel Amer area in North Darfur. Observers believed those clashes resulted in deaths and displacement. Largely unregulated artisanal gold-mining activities continued in all of the Darfur states, although it was a lesser source of tension between communities than in previous years. Claims to land rights continued to be mostly ethnic and tribal in nature.

Promotion of Acts of Discrimination

The government, government-supported militias, and rebel groups reportedly promoted hatred and discrimination, using standard propaganda techniques. The government often used religiously charged language to refer to suspected antigovernment supporters.

The government did not take measures to counter hate speech.

Syria

Executive Summary

President Bashar Assad has ruled the Syrian Arab Republic since 2000. The constitution mandates the primacy of Baath Party leaders in state institutions and society, and Assad and Baath party leaders dominate all three branches of government as an authoritarian regime. An uprising against the government that began in 2011 continued throughout the year. The 2014 presidential election and the 2016 parliamentary elections resulted in the election of Assad and 200 People’s Council (Syrian parliament) seats for the Baath Party-led National Progressive Front, respectively. Both elections took place in an environment of widespread government coercion, and many Syrians residing in opposition-held territory did not participate in the elections. Observers did not consider the elections free or fair.

Civilian authorities maintained effective control over the uniformed military, police, and state security forces but did not maintain effective control over foreign and domestic military or paramilitary organizations. These progovernment forces included Russian armed forces, Hizballah, the Islamic Revolutionary Guard Corps, and nonuniformed progovernment militias, such as the National Defense Forces.

Government and progovernment forces launched a massive assault on the Damascus suburbs of eastern Ghouta, culminating in the government’s recapture in April of an area it had besieged since 2013. The assault by the government and progovernment forces involved use of heavy weapons, likely use of chemical weapons, and deliberate denial of humanitarian aid. Government and progovernment forces launched an assault on opposition-controlled areas of Daraa Province, considered the cradle of the revolution that began in 2011, and reasserted government control in July. The assault killed hundreds of civilians and displaced hundreds of thousands.

Human rights issues included reports of unlawful or arbitrary killings by the government, including those involving the repeated use of chemical weapons, including chlorine and other substances; enforced disappearances; torture, including torture involving sexual violence; arbitrary detention; harsh and life-threatening prison conditions, including denial of medical care; prisoners of conscience; arbitrary or unlawful interference with privacy; undue restrictions on free expression, including restrictions on the press and access to the internet, including censorship and site blocking; substantial suppression of the rights of peaceful assembly and freedom of association; severe suppression of religious freedom; undue restrictions on freedom of movement; restrictions on political participation; high-level and widespread corruption; unlawful recruitment and use of child soldiers by the government and other armed actors; trafficking in persons; criminalization of lesbian, gay, bisexual, transgender, and intersex (LGBTI) status or conduct; violence and severe discrimination targeting LGBTI persons; and severe restrictions on workers’ rights.

The government took no steps to identify, investigate, prosecute, or punish officials who committed human rights violations or abuses. Impunity was pervasive and deeply embedded in the security forces and elsewhere in the government.

Government-linked paramilitary groups reportedly engaged in frequent violations and abuses, including massacres, indiscriminate killings, kidnapping civilians, arbitrary detentions, and rape as a war tactic. Government-affiliated militias, including the terrorist organization Lebanese Hizballah, supported by Iran, repeatedly targeted civilians.

There were reports that armed opposition groups carried out what were characterized as indiscriminate attacks in the battle in eastern Ghouta and that they arbitrarily arrested and tortured civilians in Douma. Syrian opposition groups supported by the Turkish government reportedly looted and confiscated homes belonging to Kurdish residents in Afrin.

Some Kurdish forces reportedly unlawfully restricted the movement of persons in liberated areas and arbitrarily arrested some local civil council leaders, teachers, and other civilians. Elements affiliated with the Syrian Democratic Forces (SDF), a coalition of Syrian Kurds, Arabs, Turkmen, and other minorities that included members of the Kurdish Peoples Protection Units (YPG), reportedly engaged in forced conscription, to include limited conscription of children. In September the SDF issued a military order banning the recruitment of anyone younger than age 18 and ordering their military records office to verify the ages of those currently enlisted.

Armed terrorist groups, such as the al-Qa’ida-linked Hayat Tahrir al-Sham (HTS), also committed a wide range of abuses, including massacres, unlawful killings, bombings, and kidnappings; unlawful detention; torture; and forced evacuations from homes based on sectarian identity. ISIS lost the majority of territory it once controlled, limiting its ability to subject large populations to human rights violations. Although severely weakened, ISIS attacked members of religious minority groups and subjected women and girls to routine rape, forced marriages, sexual slavery, human trafficking, and murder.

Russian forces were reportedly implicated in the deaths of civilians resulting from air strikes characterized as indiscriminate, particularly during support of the government’s military campaigns in the Damascus suburbs of eastern Ghouta, including Douma.

Foreign forces fighting ISIS were implicated in civilian casualties reportedly in Afrin and Raqqa.

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

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

There were numerous reports the government and its agents, as well as other armed actors, committed arbitrary or unlawful killings in relation to the conflict (see section 1.g.).

According to the Syrian Network for Human Rights (SNHR), the conflict had killed at least 222,000 civilians from 2011 until September, including almost 6,400 civilians from January through October. The government continued its use of helicopters and airplanes to conduct aerial bombardment and shelling. The government continued to torture and kill persons in detention facilities. The UN Commission of Inquiry (COI) reported that the government assault on eastern Ghouta, a suburb of Damascus, killed hundreds of persons, with the SNHR reporting that more than 2,600 civilians died in eastern Ghouta in February and March. In June government and progovernment forces attacked the southwest Daraa governorate, with multiple sources reporting more than 230 civilian deaths.

Government and progovernment forces reportedly attacked civilians in hospitals, residential areas, schools, and settlements for internally displaced persons (IDPs) and refugee camps; these attacks included bombardment with improvised explosive devices, commonly referred to as “barrel bombs,” in addition to the use of chemical weapons. It used the massacre of civilians, as well as their forced displacement, rape, starvation, and protracted sieges that occasionally forced local surrenders, as military tactics.

Other actors in the conflict also were implicated in extrajudicial killings (see section 1.g.).

On November 23, unidentified gunmen assassinated activists and journalists, Raed Faris and Hamud Junaid, in Idlib Province. Faris and Junaid were prominent civilian leaders of the peaceful revolution that began in 2011. They spoke out against the abuses of the government and of the extremist elements of the opposition. As of late November, no group had taken responsibility for the assassinations, although media reports suggested an extremist group was responsible.

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

The government restricted attempts to investigate alleged human rights violations, criminalized their publication, and refused to cooperate with any independent attempts to investigate alleged violations. The government did not grant permission for the formation of any domestic human rights organizations. Nevertheless, hundreds of such groups operated illegally in the country.

The government was highly suspicious of international human rights NGOs and did not allow them into the country. The government normally responded to queries from human rights organizations and foreign embassies regarding specific cases by denying the facts of the case or by reporting that the case was still under investigation, the prisoner in question had violated national security laws, or, if the case was in criminal court, the executive branch could not interfere with the judiciary. The government denied organizations access to locations where government agents launched assaults on antigovernment protesters or allegedly held prisoners detained on political grounds. The United Nations reported that the government also actively restricted the activities of humanitarian aid organizations, especially along supply routes and access points near opposition-controlled areas (see section 1.g.).

There were numerous reports the government harassed domestic human rights activists by subjecting them to regular surveillance and travel bans, property seizure, detention, torture, forcible disappearance, and extrajudicial killings. For example, human rights lawyer Khalil Ma’touq and his assistant, Mohamed Zaza, reportedly disappeared from a government checkpoint near Damascus in 2012. HRW reported the government moved the two men among various detention facilities in Damascus, including the Palestine Branch, a detention center run by Military Intelligence. In October the SOHR again called on the government for information on the welfare and whereabouts of Ma’touq and Zaza.

Terrorist groups, including ISIS, violently attacked organizations and individuals seeking to investigate human rights abuses or advocate for improved practices. The SDF and other opposition groups occasionally imposed restrictions on human rights organizations or harassed individual activists.

The United Nations or Other International Bodies: The government continued to deny access for the COI, mandated by the UN Human Rights Council to document and report on human rights violations and abuses in the country. It did not cooperate fully with numerous UN bodies, resulting in restrictions on access for humanitarian organizations, especially to opposition-controlled areas.

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

Women

Rape and Domestic Violence: The law criminalizes rape and sexual assault of women, men, and children, but the government did not enforce the law effectively. Rape is punishable by imprisonment and hard labor of at least 15 years (at least nine years in mitigating circumstances), which is aggravated if the perpetrator is a government official, religious official, or has legitimate or actual authority over the victim; male rape is punishable by imprisonment up to three years. The law specifically excludes spousal rape, and it reduces or suspends punishment if the rapist marries the victim. The victim’s family sometimes agreed to this arrangement to avoid the social stigma attached to rape.

The UN Population Fund (UNFPA) and other UN agencies, NGOs, and media characterized rape and sexual violence as endemic, underreported, and uncontrolled in the country. Humanitarian organizations reported that women, men, and community leaders consistently identified sexual violence as a primary reason their families fled the country. In March the COI reported that government and progovernment forces regularly used rape and sexual violence to terrorize and punish women, men, and children perceived as associated with the opposition, as did terrorist groups such as HTS and ISIS. There were instances, comparatively far fewer, of armed opposition groups reportedly raping women and children. HTS and ISIS also reportedly forced women and girls into sexual slavery (see sections 1.a., 1.c., and 1.g.).

The law does not specifically prohibit domestic violence, but it stipulates that men may discipline their female relatives in a form permitted by general custom. According to a November 2017 UNFPA report, violence against women and children was pervasive and increasing due to conflict and the lack of economic opportunity for men. Victims did not report the vast majority of cases. Security forces consistently treated violence against women as a social rather than a criminal matter. Observers reported that when some abused women tried to file a police report, police did not investigate their reports thoroughly, if at all, and that in other cases police officers responded by abusing the women.

In previous years several domestic violence centers operated in Damascus; the Ministry of Social Affairs and Labor licensed them. Local NGOs reported, however, that many centers no longer operated due to the conflict. There were no known government-run services for women outside Damascus. According to local human rights organizations, local coordination committees and other opposition-related groups offered programming specifically for protection of women; NGOs did not integrate these programs throughout the country, and none reported reliable funding.

Other Harmful Traditional Practices: The law permits judges to reduce penalties for murder and assault if the defendant asserts an “honor” defense, which often occurred. The government kept no official statistics on use of this defense in murder and assault cases and reportedly rarely pursued prosecution of so-called honor crimes. There were no officially reported honor killings during the year, but UNFPA reported in November 2017 that honor killings increased since the onset of the crisis in 2011 due to increased sexual violence and lawlessness. For example, UNFPA cited an adolescent girl in Mare, Aleppo, whose friend reportedly was killed by her father when she returned after being kidnapped. To protect their daughters, UNFPA reported that many families arranged for them to marry earlier, leading to an increase in early and forced marriage. NGOs working with refugees reported families killed some rape victims inside the country, including those raped by government forces, for reasons of honor.

The terrorist groups ISIS and HTS permitted and committed so-called honor killings in territories under their control (see section 1.g.).

Sexual Harassment: The law prohibits discrimination in employment on the basis of gender but does not explicitly prohibit sexual harassment. The government did not enforce the law effectively. Sexual harassment was pervasive, uncontrolled, and increasing, according to a November 2017 report by UNFPA. For example, UNFPA cited an adolescent girl from Saraqab, Idlib, who said she formerly returned from university in Aleppo at night without any problems but that harassment of girls has spread, even in the daytime; her parents became worried and prevented her from leaving home.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization by the government, but previous reports from Iraq and NGOs such as Yazda and the Free Yezidi Foundation found that ISIS forced Yezidi women whom they had impregnated to have abortions. There were reports that ISIS transferred some Yezidi women captives from Iraq to Syria, and the COI reported in March that some ISIS fighters were seen fleeing Raqqa and Deir al-Zour in 2017 with women believed to be Yezidi captives (see section 1.g.).

Discrimination: Although the constitution provides for equality between men and women, the law does not provide for the same legal status and rights for women as for men. Criminal, family, religious, personal status, labor, nationality, inheritance, retirement, and social security laws discriminate against women.

For example, if a man and a woman separately commit the same criminal act of adultery, then by law the woman’s punishment is double that of the man’s. The law generally permits women to initiate divorce proceedings against their spouses, but the law does not entitle a divorced woman to alimony in some cases. Under the law a divorced mother loses the right to guardianship and physical custody of her sons when they reach age 13 and of her daughters at age 15, when guardianship transfers to the paternal side of the family. For Muslims in particular, personal status law discriminates against women. Church law governs personal status issues for Christians, in some cases barring divorce. Some personal status laws mirror sharia regardless of the religion of those involved in the case. While the constitution provides the “right of every citizen to earn his wage according to the nature and yield of the work,” the law does not explicitly stipulate equal pay for equal work. Women cannot pass citizenship to their children. The government’s interpretation of sharia is the basis of inheritance law for all citizens except Christians. Accordingly, courts usually granted Muslim women half of the inheritance share of male heirs. In all communities, male heirs must provide financial support to female relatives who inherit less. If they do not, women have the right to sue.

The law provides women and men equal rights in owning or managing land or other property, but cultural and religious norms impeded women’s property rights, especially in rural areas.

Before the conflict began, 13 percent of women participated in the formal labor force, compared with 73 percent of men. Both male and female employment participation decreased as violence and insecurity increased, (The International Labor Organization estimated female employment fell by slightly more than 1 percent while male employment fell by almost 3 percent from 2011 to 2017). UNFPA reported local female employment participation increased in Damascus, Raqqa, Daraa, and elsewhere since the need to support the family forced women to work because many men could no longer do so.

The Commission for Family Affairs, Ministry of Justice, and Ministry of Social Affairs and Labor shared responsibility for attempting to accord equal legal rights to women. Governmental involvement in civil rights claims, including cases against sexual discrimination, was stagnant, and most claims went unanswered.

Women participated in public life and in most professions, including the armed forces, although UNFPA reported that violence and lawlessness in many regions reduced women’s access to the public sphere. Various sources observed that women constituted a minority of lawyers, university professors, and other professions.

The terrorist groups ISIS and HTS reportedly placed similar discriminatory restrictions on women and girls in the territories they controlled. For example, in March the COI reported that HTS or ISIS or both: forced women and girls into marriage; imposed a dress code on women and girls; banned women and girls from wearing makeup; required that women and girls must be accompanied by a “mahram” or male member of their immediate family; forbade women from speaking with unrelated men or hosting men who were not their husband; forbade widows from living alone; banned women’s centers; banned meetings with mixed male and female participation; and segregated classrooms. Both ISIS and HTS maintained all-female police units to support the Hisbah in enforcing these regulations, sometimes violently, among women. Summary punishments for infractions ranged from corporal punishment such as lashing to execution.

Children

Birth Registration: Children derive citizenship solely from their father. In large areas of the country where civil registries were not functioning, authorities did not register births. The government did not register the births of Kurdish noncitizen residents, including stateless Kurds (see section 2.d., Stateless Persons). Failure to register resulted in deprivation of services, such as diplomas for high school-level studies, access to universities, access to formal employment, and civil documentation and protection.

Education: The government provided free public education to citizen children from primary school through university. Education is compulsory for all children between the ages of six and 12. Enrollment, attendance, and completion rates for boys and girls generally were comparable. Noncitizen children could also attend public schools at no cost but required permission from the Ministry of Education. While Palestinians and other noncitizens, including stateless Kurds, could generally send their children to school and universities, stateless Kurds were ineligible to receive a degree documenting their academic achievement.

The conflict and widespread destruction continued to hamper the ability of children to attend school. In June the Assistance Coordination Unit, a local NGO, reported that only 9 percent of the assessed functional schools provided upper secondary education, 36 percent offered lower secondary education, 56 percent offered primary education, and almost one-third of the assessed schools did not separate the various teaching levels.

The terrorist groups, ISIS and HTS, reportedly imposed their interpretation of sharia on schools and discriminated against girls in the territories they controlled. For example, in March the COI reported that HTS and ISIS: segregated classrooms by gender, dismissed students for dress code violations, imposed their curriculum on teachers, and closed private schools and educational centers. ISIS also banned several basic education subjects, such as chemistry and philosophy.

Child Abuse: The law does not specifically prohibit child abuse, but it stipulates that parents may discipline their children in a form permitted by general custom. According to a November 2017 UNFPA report, violence against children, especially girls, was pervasive and increasing due to conflict and the lack of economic opportunity for men.

There were reports of government and progovernment forces, as well as the terrorist groups HTS and ISIS, sexually assaulting, torturing, detaining, killing, and otherwise abusing children (see sections 1.a., 1.b., 1.c., and 1.g.). In July Urnammu reported extensively on such abuses.

The terrorist groups HTS and ISIS subjected children to extremely harsh punishment, including execution, in the territories they controlled (see section 1.g.).

Early and Forced Marriage: The legal age for marriage is 18 for men and 17 for women. A boy as young as 15 or a girl as young as 13 may marry if a judge deems both parties willing and “physically mature” and if the fathers or grandfathers of both parties consent. Early and forced marriages were increasingly common, as were abusive temporary marriages.

In November 2017 UNFPA reported early marriage had evolved from a cultural practice to an increasingly used coping mechanism during the war. Many families reportedly arranged marriages for girls, including at younger ages than pre-2011, believing that it would protect them and ease the financial burden on the family.

There were instances of early and forced marriage of girls to members of government, progovernment, and armed opposition forces.

In previous years ISIS abducted and sexually exploited Yezidi girls in Iraq and transported them to Syria for rape and forced marriage; many of those Yezidi women and girls remained captive during the year (see section 1.g. and section 6, Women). In March the COI reported that ISIS perceived unmarried women and girls older than the age of puberty as a threat to social order. As a result, from 2014 onwards, ISIS began to marry forcibly Sunni (also minority) girls and women living in territories under its control. Some of those forced to marry ISIS members were adults, including widows, but the vast majority of cases the COI documented revealed that girls between 12 and 16 years old were victims of forced marriage. Many women and girls reportedly were passed among multiple ISIS fighters, some as many as six or seven times within two years. HTS also reportedly forced Druze and other minority women and girls into marriage, as well as Sunni women and girls.

Sexual Exploitation of Children: The law stipulates penalties for those found guilty of certain forms of child abuse associated with trafficking crimes, including kidnapping and forced prostitution, both of which carry a penalty of up to three years in prison. The law considers child pornography a trafficking crime, but the punishment for child pornography was set at the local level with “appropriate penalties.” It was also unclear if there had been any prosecutions for child pornography or if authorities enforced the law.

The age of sexual consent by law is 15 with no close-in-age exemption. Premarital sex is illegal, but observers reported authorities did not enforce the law. Rape of a child under the age of 15 is punishable by not less than 21 years’ imprisonment and hard labor. There were no reports of government prosecution of child rape cases.

Child Soldiers: Several sources documented the continued unlawful recruitment and use of children in combat (see section 1.g.).

Displaced Children: There was a large population of IDP children and some refugee children as well. These children reportedly experienced increased vulnerability to abuses, including by armed forces (see sections 1.c., 1.g., and 2.d.).

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

Anti-Semitism

In 2016 NGOs estimated fewer than 20–perhaps fewer than 10–Jews remained in the country. The national school curriculum did not include materials on tolerance education or the Holocaust. There is no designation of religion on passports or national identity cards, except for Jews.

Trafficking in Persons

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

Persons with Disabilities

The law protects the rights of persons with disabilities, including their access to education, employment, health services, and other state services, but the government did not enforce these provisions effectively. The law prohibits discrimination against persons with disabilities and seeks to integrate them into the workforce, reserving 4 percent of government jobs and 2 percent of private-sector jobs for persons with disabilities. Private-sector businesses are eligible for tax exemptions after hiring persons with disabilities.

The Ministry of Social Affairs and Labor is responsible for assisting persons with disabilities, and it worked through dedicated charities and organizations to provide assistance. Authorities did not fully document the number of persons with disabilities, but the NGO Humanity and Inclusion (HI, formerly Handicap International) reported in April that 30,000 new conflict-related trauma cases per month were leading to thousands of permanent disabilities. According to the local NGO Syria Relief, persons with disabilities remained among the most hidden, neglected, and socially excluded of all displaced persons in the country. They reportedly were not often recognized or calculated in record-keeping and data-collection exercises, contributing to neglect.

The destruction of schools and hospitals, most often by government and progovernment forces, limited access to education and health services for persons with disabilities, but government and nongovernment social care institutes reportedly existed for blindness, deafness, cerebral palsy, and physical and intellectual disabilities. The government did not effectively work to provide access for persons with disabilities to information, communications, building, or transportation. In its November 2017 report, UNFPA detailed how educational institutions, early childcare centers, Quranic schools, and women’s centers often were easily accessible to community members with the exception of the elderly and persons with disabilities. UNFPA further stated that persons with disability were sometimes denied aid, as they could not access it, and some distribution centers required presence in person.

According to a 2017 report by the Syria Reliance Consortium of HI and other international NGOs, 50 percent of households surveyed, who counted a member with a disability, suffered from poor food consumption, compared with 34 percent for households without persons with a disability. In April HI reported that women and girls with disabilities were three times more likely to experience gender-based violence compared with nondisabled women. For example, in a November 2017 report, UNFPA cited the case of a young man in Sweida who lured and raped a disabled girl playing in the street by offering her candy. There was no indication that the government effectively investigated or punished those responsible for violence and abuses against persons with disabilities.

National/Racial/Ethnic Minorities

The government actively restricted national and ethnic minorities from conducting traditional, religious, and cultural activities. The Kurdish population–citizens and noncitizens–faced official and societal discrimination and repression as well as government-sponsored violence. Government and progovernment forces, as well as ISIS and armed opposition forces such as the Turkish-backed FSA, reportedly arrested, detained, tortured, killed, and otherwise abused numerous Kurdish activists and individuals, as well as members of the SDF, during the year (see section 1.g.).

The government continued to limit the use and teaching of the Kurdish language. It also restricted publication in Kurdish of books and other materials, Kurdish cultural expression, and at times the celebration of Kurdish festivals.

The Alawite community, to which Bashar Assad belongs, enjoyed privileged status throughout the government and dominated the state security apparatus and military leadership. Nevertheless, the government reportedly also targeted Alawite opposition activists for arbitrary arrest, torture, detention, and killing. Extremist opposition groups targeted Alawite communities on several occasions for their perceived progovernment stance.

In March the COI reported that armed opposition groups detained hundreds of women and girls belonging to minority groups, particularly Alawites, and used them as bargaining chips for initiating prisoner swaps with government and progovernment forces.

The terrorist groups ISIS and HTS violently oppressed and discriminated against all non-Sunni Arab ethnic minorities in the territories they controlled (see section 1.g.).

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

The law criminalizes consensual same-sex sexual conduct, defined as “carnal relations against the order of nature,” and punishable by imprisonment up to three years.

In previous years police used this charge to prosecute lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals. There were no reports of prosecutions under the law during the year, but NGO reports indicated the government arrested dozens of LGBTI persons since 2011 on charges such as abusing social values; selling, buying, or consuming illegal drugs; and organizing and promoting “obscene” parties. Local media and NGOs reported instances in which government and progovernment forces used accusations of homosexuality as a pretext to detain, arrest, torture, and kill civilians. The frequency of such instances was difficult to determine, since police rarely reported their rationale for arrests.

Although there were no known domestic NGOs focused on LGBTI matters, there were several online networking communities, including an online LGBTI-oriented magazine. Human rights activists reported there was overt societal discrimination based on sexual orientation and gender identity in all aspects of society.

The terrorist groups ISIS and HTS regularly detained, tortured, and killed LGBTI individuals in the territories they controlled (see section 1.g.). For example, in its March report, the COI described how in 2016 HTS predecessor Jabhat al-Nusra accused two men of being homosexuals, tied their hands behind their backs, announced the accusations of homosexuality over loudspeakers, and threw the two men from the third floor of a building in Sheikhoun, Idlib. Similarly, the COI reported that ISIS executed males, including boys raped by older men, on charges of sodomy and widely circulated videos of the executions to terrorize populations under their control. For example, in its March report, the COI reported that Hisbah belonging to ISIS arrested a teenage boy in Raqqa, charged him with sodomy, and threw him off a building.

HIV and AIDS Social Stigma

There were no reports of violence or discrimination against persons with HIV/AIDS, but human rights activists believed such cases were underreported and the UN Development Program (UNDP) noted that stigma affected access to health care. The Ministry of Health claimed in December 2017 there were 35 known cases of HIV/AIDS in the country, while UNDP estimated there were 450 persons with HIV/AIDS. The UNDP and the Global Fund to Fight AIDS, Tuberculosis, and Malaria assessed that the incapability of the health-care sector to identify newly infected persons or offer medical support in a hostile environment posed a major problem and added to the risk of further spread of the disease among the general population.

Other Societal Violence or Discrimination

Yezidis, Druze, Christians, and other religious minorities were subject to violence and discrimination by ISIS (see section 1.g.).

Thailand

Executive Summary

Thailand is a constitutional monarchy, with King Maha Vajiralongkorn Bodindradebayavarangkun as head of state. In a 2014 bloodless coup, military leaders, taking the name National Council for Peace and Order (NCPO) and led by then army chief General Prayut Chan-o-cha, overthrew the civilian government administered by the Pheu Thai political party, which had governed since 2011 following lower house elections that were generally considered free and fair.

The military-led NCPO maintained control over the security forces and all government institutions.

An interim constitution, enacted by the NCPO in 2014 was in place until April 2017, when the king promulgated a new constitution, previously adopted by a popular referendum in 2016. The 2017 constitution stipulates the NCPO remain in office and hold all powers granted by the interim constitution until establishment of a new council of ministers and its assumption of office following the first general election under the new charter. The 2017 constitution also stipulates that all NCPO orders are “constitutional and lawful” and are to remain in effect until revoked by the NCPO, an order from the military-appointed legislative body, the prime minister, or cabinet resolution. The interim constitution granted immunity to coup leaders and their subordinates for any coup or postcoup actions ordered by the ruling council, regardless of the legality of the action. The immunity remains in effect under the 2017 constitution. Numerous NCPO decrees limiting civil liberties, including restrictions on freedoms of speech, assembly, and the press, remained in effect throughout most of the year. NCPO Order 3/2015, which replaced martial law in March 2015, granted the military government sweeping power to curb “acts deemed harmful to national peace and stability.” In December, Prime Minister Prayut Chan-o-cha lifted the ban on political activities, including the ban on gatherings of five or more persons. The military government’s power to detain any individual for a maximum of seven days without an arrest warrant remains in effect, however.

Human rights issues included unlawful or arbitrary killings by the government or its agents; torture by government officials; arbitrary arrest and detention by government authorities; censorship, site blocking, and criminal libel; abuses by government security forces confronting the continuing ethnic Malay-Muslim insurgency in the southernmost provinces of Yala, Narathiwat, Pattani, and parts of Songkhla; restrictions on political participation; and corruption.

Authorities took some steps to investigate and punish officials who committed human rights abuses. Official impunity, however, continued to be a problem, especially in the southernmost provinces, where the Emergency Decree on Public Administration in the State of Emergency (2005), hereinafter referred to as “the emergency decree,” and the 2008 Internal Security Act remained in effect.

Insurgents in the southernmost provinces committed human rights abuses and attacks on government security forces and civilian targets.

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. According to the Ministry of Interior’s Investigation and Legal Affairs Bureau, from October 1, 2017 to December 5, security forces–including police, military, and other agencies–killed 12 suspects during the arrest process, a decrease from 16 in 2017.

On June 6, the Chiang Mai Provincial Court ruled against the military, stating soldiers operating a military checkpoint in Mueng Na Subdistrict of Chiang Mai Province shot and killed Chaiyaphum Pasae, a prominent ethnic Lahu student activist, in March 2017. Military officials claimed he possessed drugs and had attempted to attack the soldiers with a hand grenade. The court forwarded the case to the public prosecutor to determine liability. Community members and local human rights activists questioned the military’s account of the killing because the military did not submit existing CCTV footage as evidence to the court, and called for a full, transparent investigation into the incident.

There were reports of killings by both government and insurgent forces in connection with the conflict in the southernmost provinces (see section 1.g.).

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

A wide variety of domestic and international human rights organizations operated in the country. NCPO orders affected NGO operations, including prohibitions on political gatherings and activities, as well as media restrictions. NGOs that dealt with sensitive political matters, such as political reform or opposition to government-sponsored development projects, faced periodic harassment.

Human rights workers focusing on violence in the southernmost provinces were particularly vulnerable to harassment and intimidation by government agents and insurgent groups. Several NGOs reported pervasive online harassment and threats. The government accorded very few NGOs tax-exempt status, which sometimes hampered their ability to secure funding.

In August the United Nations highlighted the country in a report on reprisals against human rights defenders because of a lack of cooperation with UN human rights mechanisms. In response to the report, the Ministry of Foreign Affairs stated that these cases were not relevant to cooperation with human rights mechanisms and that officials acted in accordance with relevant laws and regulations.

The United Nations or Other International Bodies: The Working Group on Business and Human Rights visited the country in April. According to the United Nations, there were no developments regarding official visits previously requested by the UN working group on disappearances; by the UN special rapporteur on the freedoms of expression, assembly, and association; or by the UN special rapporteur on the situations of human rights defenders, migrants, and internally displaced persons. As of September, 20 official visit requests from UN special procedures were pending.

Government Human Rights Bodies: The independent (NHRCT has a mission to protect human rights and to produce an annual country report. The commission received 225 cases from October 2017 through September. Of these complaints, 36 related to alleged abuses by police. Human rights groups continued to criticize the commission for not filing lawsuits against human rights violators on its own behalf or on behalf of complainants.

The Office of the Ombudsman is an independent agency empowered to consider and investigate complaints filed by any citizen. Following an investigation, the office may refer a case to a court for further review or provide recommendations for further action to the appropriate agency. The office examines all petitions, but it may not compel agencies to comply with its recommendations. From October 2017 through August, the office received 2,062 new petitions, of which 523 related to allegations of police abuses.

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

Women

Rape and Domestic Violence: Rape is illegal, although the government did not always enforce the law effectively. The law permits authorities to prosecute spousal rape, and prosecutions occurred. The law specifies penalties for conviction of rape or forcible sexual assault ranging from four years’ imprisonment to the death penalty as well as fines.

NGOs asserted rape was a serious problem, and noted a measure in the law allows offenders younger than 18 years to avoid prosecution by choosing to marry their victim. They also maintained that victims underreported rapes and domestic assaults, in part due to a lack of understanding by authorities that impeded effective implementation of the law regarding violence against women.

According to NGOs the government underfunded agencies tasked with addressing the problem, and victims often perceived police as incapable of bringing perpetrators to justice.

In June a female British tourist claimed she was raped while she was vacationing on the resort island of Koh Tao. Initially the police rejected her claim and refused to investigate the incident. Following the incident, authorities arrested 12 Thai persons and charged them with violating the Computer Crimes Act for sharing information about the alleged inadequate police investigation on Facebook.

Domestic violence against women was a significant problem. The Ministry of Public Health operated one-stop crisis centers to provide information and services to victims of physical and sexual abuse throughout the country. The law establishes measures designed to facilitate both the reporting of domestic violence complaints and reconciliation between the victim and the perpetrator. Moreover, the law restricts media reporting on domestic violence cases in the judicial system. NGOs expressed concern the law’s family unity approach puts undue pressure on a victim to compromise without addressing safety issues and led to a low conviction rate.

Authorities prosecuted some domestic violence crimes under provisions for assault or violence against a person, where they could seek harsher penalties. Women’s rights groups reported domestic violence frequently went unreported, however, and police often were reluctant to pursue reports of domestic violence. The government operated shelters for domestic violence victims, one in each province. The government’s crisis centers, located in all state-run hospitals, cared for abused women and children.

The Ministry of Social Development and Human Security continued to develop a community-based system, operating in all regions of the country, to protect women from domestic violence. The program focused on training representatives from each community on women’s rights and abuse prevention to increase community awareness.

Female Genital Mutilation/Cutting (FGM/C): No specific law prohibits this practice. NGOs reported that FGM/C occurred in the Muslim-majority south, although statistics were unavailable. There were no reports of governmental efforts to prevent or address the practice.

Sexual Harassment: Sexual harassment is illegal in both the public and private sectors. The law specifies maximum fines of 20,000 baht ($600) for those convicted of sexual harassment, while abuse categorized as an indecent act may result in a maximum 15 years’ imprisonment and a maximum fine of 30,000 baht ($900). The law governing the civil service also prohibits sexual harassment and stipulates five levels of punishment: probation, docked wages, salary reduction, suspension, and termination. NGOs claimed the legal definition of harassment was vague and prosecution of harassment claims difficult, leading to ineffective enforcement of the law.

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

Discrimination: The 2017 constitution provides that “men and women shall enjoy equal rights and liberties. Unjust discrimination against a person on the grounds of differences in origin, race, language, sex, age, disability, physical or health condition, personal status, economic or social standing, religious belief, education or political view, shall not be permitted.”

The Ministry of Social Development and Human Security took steps to implement the Gender Equality Act by allocating funding to increase awareness about the Act, and hearing from complainants who experienced gender discrimination. Since the Act became law in 2015, the Ministry of Social Development has received more than 25 complaints, and issued judgement in four cases. The majority of cases related to transgender persons facing discrimination (see subsection on Discrimination Based on Sexual Orientation and Gender Identity below). Human rights advocates expressed concern about the act’s implementation, given lengthy delays in reviewing individual discrimination complaints, and a lack of awareness about the act among the public and within the ministry’s provincial offices.

Women generally enjoy the same legal status and rights as men, but sometimes experienced discrimination particularly in employment. The law imposes a maximum jail term of six months or a maximum fine of 20,000 baht ($600) or both, for anyone convicted of gender discrimination. The law mandates nondiscrimination based on gender and sexual identity in policy, rule, regulation, notification, project, or procedures by government, private organizations, and any individual, but it also stipulates two exceptions criticized by civil society groups: religious principles and national security.

Women were unable to confer citizenship to their noncitizen spouses in the same way as male citizens.

Women comprised approximately 9 percent of the country’s military personnel. Ministry of Defense policy limits the percentage of female officers to not more than 25 percent in most units, with specialized hospital/medical, budgetary, and finance units permitted 35 percent. Military academies (except for the nursing academy) refused admission to female students, although a significant number of instructors were women.

In August women were banned from applying to the Royal Thai Police Academy. The RTP did not provide an explanation for the decision. Activists criticized the decision as contrary to the aims of the Gender Equality Act. Activists also formally petitioned the Office of the Ombudsman to urge the decision be revisited. Separately, the RTP listed “being a male” as a requirement in an employment announcement for new police investigators. The NHRCT and the Association of Female Police Investigators objected publicly to this announcement. In media reports the RTP cited the need for this requirement given that police investigations require hard work and the perception that female officers take frequent sick leave or abruptly resign.

Children

Birth Registration: Citizenship is conferred at birth if at least one parent is a citizen. Birth within the country does not automatically confer citizenship, but regulations entitle all children born in the country to birth registration, which qualifies them for certain government benefits regardless of citizenship (see section 2.d.). NGOs reported that hill tribe members and other stateless persons sometimes did not register births with authorities, especially births occurring in remote areas, because administrative complexities, misinformed or unscrupulous local officials, language barriers, and restricted mobility made it difficult to do so.

Education: NCPO Order No. 28/2559 provides that all children receive free “quality education for 15 years, from preschool to the completion of compulsory education,” which is defined as through grade nine. NGOs reported children of registered migrants, unregistered migrants, refugees, or asylum seekers also had limited access to government schools.

Child Abuse: The law provides for the protection of children from abuse, and laws on rape and abandonment carry harsher penalties if the victim is a child. The law provides for protection of witnesses, victims, and offenders younger than 18 years in abuse and pedophilia cases. According to advocacy groups, police showed reluctance to investigate abuse cases, and rules of evidence made prosecution of child abuse difficult.

Early and Forced Marriage: According to the Civil and Commercial Code, the minimum legal age for marriage for both sexes is 17 years, while anyone younger than 20 requires parental consent. A court may grant permission for children between 15 and 16 years to marry.

According to the UN International Children’s Emergency Fund (UNICEF), the country has the second-highest rate of child marriage in Southeast Asia. UNICEF further reported that one in seven Thai teens from 15 to 19 years, is married.

In the Muslim majority southernmost provinces, families may use Sharia (Islamic law) to allow marriages of young girls after their first menstrual cycle, with parental approval. According to media reports, public hospital records in Narathiwat Province indicated that 1,100 married teenage girls gave birth in 2016. In August an 11-year-old Thai girl was returned to Thailand after marrying a 41-year-old Malaysian man. They resided in northern Malaysia but were married in Thailand. Child rights advocates and journalists reported it was common for Malaysian men to cross into Southern Thailand to engage in underage marriages for which getting approval in Malaysia would be impossible or a lengthy process. In December the Islamic Committee of Thailand raised the minimum age for Muslims to marry from 15 to 17 years old. Under the new regulation, however, a Muslim younger than the age of 17 can still marry with a written court order or written parental consent, which will be considered by a special subcommittee of three members, of which at least one member must be a woman with knowledge of Islamic laws. Islamic law is used in place of the Civil Code for family matters and inheritance in the country’s predominantly Muslim southern provinces.

Sexual Exploitation of Children: The law provides heavy penalties for persons who procure, lure, compel, or threaten children younger than 18 years for the purpose of prostitution, with higher penalties for persons who purchase sexual intercourse with a child younger than 15. Authorities may punish parents who allow a child to enter into prostitution and revoke their parental rights. The law prohibits the production, distribution, import, or export of child pornography. The law also imposes heavy penalties on persons convicted of sexually exploiting persons younger than 18 years, including for pimping, trafficking, and other sexual crimes against children.

Child sex trafficking remained a problem and the country continued to be a destination for child sex tourism, although the government initiated new programs to combat the problem. Children from migrant populations, ethnic minorities, and poor families remained particularly vulnerable, and police arrested parents who forced their children into prostitution. Citizens and foreign sex tourists committed pedophilia crimes, including the commercial sexual exploitation of children.

The government made efforts throughout the year to combat the sexual exploitation of children, including opening two new child advocacy centers in Pattaya and Phuket that allow for developmentally appropriate interviews of child victims and witnesses. The centers allowed both forensic interviewing and early social service intervention in cases of child abuse, trafficking, and exploitation. The multiagency Thailand Internet Crimes against Children Task Force also accelerated its operations, leveraging updated regulations and investigative methods to track internet-facilitated child exploitation.

Displaced Children: Authorities generally referred street children to government shelters located in each province, but foreign undocumented migrants avoided the shelters due to fear of deportation. The government generally sent citizen street children to school, occupational training centers, or back to their families with social worker supervision. The government repatriated some street children who came from other countries.

Institutionalized Children: There were limited reports of abuse in orphanages or other institutions.

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

Anti-Semitism

The resident Jewish community is very small, and there were no reports of anti-Semitic acts. During the year Nazi symbols and figures were sometimes displayed on merchandise and used in advertising.

Trafficking in Persons

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

Persons with Disabilities

The 2017 constitution prohibits discrimination based on disability and physical or health conditions. The Persons with Disabilities and Empowerment Act establishes the National Commission for the Promotion and Development of Disabled Persons’ Life Quality and sets out its compositions, functions, and powers. The law also establishes an office to implement recommendations of the commission, as well as a fund to be managed by the Office for the Rehabilitation of Disabled Persons. The law provides tax benefits to employers employing a certain number of disabled persons. The tax revenue code provided special income tax deductions to promote employment of persons with disabilities. Some employers subjected persons with disabilities to wage discrimination.

The government modified many public accommodations and buildings to accommodate persons with disabilities, but government enforcement was not consistent. The law mandates persons with disabilities have access to information, communications, and newly constructed buildings, but authorities did not uniformly enforce these provisions. The law entitles persons with disabilities who register with the government to free medical examinations, wheelchairs, and crutches.

The government’s Community-based Rehabilitation Program and the Community Learning Center for People with Disabilities project operated in all provinces. The government provided five-year, interest-free, small-business loans for persons with disabilities.

The government maintained dozens of separate schools and education centers for students and persons with disabilities. The law requires all government schools nationwide to accept students with disabilities, and a majority of schools taught students with disabilities during the year. The government also operated shelters and rehabilitation centers specifically for persons with disabilities, including day-care centers for autistic children.

Disability rights organizations reported difficulty in accessing information about a range of public services, as well as political platforms in advance of elections.

In May the Disabilities Council, together with 100 activists, filed 430 complaints in the Central Administrative Court in Bangkok demanding financial compensation for the city hall’s failure to provide disabled-friendly access to the Bangkok Mass Transit System’s green electric train network. The Disabilities Council indicated Bangkok’s Metropolitan Administration failed to implement the Central Administrative Court ruling of January 2015, which stated that the company must upgrade 23 of its stations and improve access for persons with disabilities in all its train stations within one year after the ruling.

National/Racial/Ethnic Minorities

Two groups–former Chinese civil war belligerents and their descendants living in the country for several decades, and children of Vietnamese immigrants residing in 13 northeastern provinces–lived under laws and regulations restricting their movement, residence, education, and access to employment. A law confines the Chinese group to residence in the northern provinces of Chiang Mai, Chiang Rai, and Mae Hong Son.

Indigenous People

Noncitizen members of hill tribes faced restrictions on their movement, could not own land, had difficulty accessing bank credit, and faced discrimination in employment. Although labor laws give them the right to equal treatment as employees, employers often violated those rights by paying them less than their citizen coworkers and less than minimum wage. The law also limits noncitizens in their choice of occupations. The law further bars them from government welfare services, such as universal health care.

The law provides citizenship eligibility to certain categories of hill tribes who were not previously eligible (see section 2.d.). The government supported efforts to register citizens and educate eligible hill tribe members about their rights.

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

No laws criminalize expression of sexual orientation or consensual same-sex sexual conduct between adults.

The lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reported that police treated LGBTI victims of crime the same as other persons except in the case of sexual crimes, where there was a tendency to downplay sexual abuse or not to take harassment seriously.

The law does not permit transgender persons to change their gender on identification documents, which, coupled with societal discrimination, limited their employment opportunities.

The United Nations Development Program and NGOs reported that LGBTI persons experienced discrimination, particularly in rural areas. The United Nations Development Program also reported media represented LGBTI persons in stereotypical and harmful ways resulting in discrimination.

The Gender Equality Act prohibits discrimination “due to the fact that the person is male or female or of a different appearance from his or her own sex by birth.” The Act is the first law in Thailand to protect transgender students from discrimination. The country’s Third National Human Rights Plan 2014-2018 includes a “sub-human rights plan” on “persons with different sexual orientation/gender identities.”

NGOs and the United Nations reported transgender persons faced discrimination in various sectors, including in the military conscription process, while in detention, and because of strict school and university uniform policies, which require students to wear uniforms that align with their biological gender. If university or school uniform codes are not followed, students may be denied graduation documents, have their grades deducted, or both. In January the Gender Equality Act’s judicial committee ruled Chiang Mai University had discriminated against transgender students by not allowing them to wear uniforms that correspond to their identified gender in graduation ceremonies. Following the committee’s ruling, the individual students were allowed to wear uniforms that aligned with their identified gender, but the overall policy remained unchanged and in place.

The NHRCT provided advice and support to transgender individuals who faced discrimination during the military conscription process. The NHRCT also represented transgender individuals who faced discrimination in society, including a transgender person who was refused entry to a Bangkok pub.

There was some commercial discrimination based on sexual orientation and gender identity.

HIV and AIDS Social Stigma

Some social stigma remained for persons with HIV/AIDS despite intensive educational efforts by the government and NGOs. There were reports some employers refused to hire persons who tested positive for HIV.

Venezuela

Executive Summary

Venezuela is formally a multiparty, constitutional republic, but for more than a decade, political power has been concentrated in a single party with an increasingly authoritarian executive exercising significant control over the legislative, judicial, citizens’ power (which includes the prosecutor general and ombudsman), and electoral branches of government. On May 20, the government organized snap presidential elections that were neither free nor fair for the 2019-25 presidential term. Nicolas Maduro was re-elected through this deeply flawed political process, which much of the opposition boycotted and the international community condemned. His illegitimate next term was scheduled to begin on January 10, 2019. The opposition gained supermajority (two-thirds) control of the National Assembly in the 2015 legislative elections. The executive branch, however, used its control over the Supreme Court (TSJ) to weaken the National Assembly’s constitutional role to legislate, ignore the separation of powers, and enable the president to govern through a series of emergency decrees.

Civilian authorities maintained effective, although politicized, control over the security forces.

Human rights issues included extrajudicial killings by security forces, including colectivos (government-sponsored armed groups); torture by security forces; harsh and life-threatening prison conditions; and political prisoners. The government restricted free expression and the press by routinely blocking signals, and interfering with the operations of, or shutting down, privately owned television, radio, and other media outlets. Libel, incitement, and inaccurate reporting were subject to criminal sanctions. The government used violence to repress peaceful demonstrations. Other issues included restrictions on political participation in the form of presidential elections in May that were not free or fair; pervasive corruption and impunity among all security forces and in other national and state government offices, including at the highest levels; trafficking in persons; and the worst forms of child labor, which the government made minimal efforts to eliminate.

The government took no effective action to investigate officials who committed human rights abuses, and there was impunity for such 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

Although the government did not release statistics on extrajudicial killings, nongovernmental organizations (NGOs) reported national, state, and municipal police entities, as well as the armed forces and government-supported colectivos, carried out such killings during the year.

There was also no official information available on the number of public officials prosecuted or sentenced to prison for involvement in extrajudicial killings, which, in the case of killings committed by police, were often classified as “resistance to authority.” The NGO Committee for the Families of Victims of February-March 1989 (COFAVIC) continued to report there was no publicly accessible national registry of reported cases of extrajudicial killings.

On January 15, approximately 400 government security forces, including the National Guard (GNB), Special Actions Force (FAES), Venezuelan National Police (PNB), National Antiextortion and Kidnapping Command, and Directorate General of Military Counterintelligence (DGCIM), raided a home in El Junquito, a residential community less than an hour from the nation’s capital, and killed seven persons, including Oscar Perez, a former officer in the National Police Scientific, Penal, and Criminal Investigative Corps (CICPC). Perez, according to government reports, had stolen a military airplane and dropped four hand grenades at a government building in July without causing structural damage or injury. According to information presented in the UN’s Office of the High Commissioner on Human Rights (OHCHR) June report on human rights violations in the country, “[a]lthough the group had initiated negotiations with commanders of the GNB to surrender, officers received counterorders from the Strategic Operational Command to use lethal force and execute all members of the group once they had been subdued.” Perez had released a series of videos on social media during the siege in which the group’s negotiations with security forces could be heard. Death certificates revealed all seven individuals were shot in the head and killed. Many local NGOs termed the raid a massacre.

According to investigative journalists, 147 individuals younger than age 20 were killed in the Caracas metropolitan area between January and August. Of those deaths, 65 were committed by police. FAES, a specialized CICPC unit created by President Maduro in 2017 to quash “terrorist gangs” participating in large-scale countrywide protests, continued to be one of the deadliest. Between May and November 2017, FAES committed 31 percent of homicides by security forces. FAES tactics resembled the government’s nationwide anticrime strategy begun in 2015, the Operation for the Liberation and Protection of the People (OLP), which was characterized by large-scale raids conducted by hundreds of government security agents in neighborhoods allegedly harboring criminals. NGOs reported that during OLP operations, officials committed grave human rights violations, including extrajudicial killings, arbitrary detentions, blackmail, torture, and destruction of property.

There were no developments in the cases of protesters killed in 2017. Government and NGO sources estimated at least 125 persons were killed in protests from April through July 2017. The Public Ministry reported 65 percent were victims of government repression. The NGO Foro Penal put the number at 75 percent, with colectivos responsible for half the deaths and the remainder divided between PNB and GNB forces. The NGO Venezuelan Program for Human Rights Action and Education (PROVEA) estimated that 83 percent of regime victims died from gunshot wounds. On numerous occasions security forces also used nonlethal ammunition at close range, severely injuring and in some cases killing protesters. Following the four months of antiregime protests, in September 2017 the government appointed a new attorney general, Tarek William Saab, who reopened investigations conducted during his predecessor’s tenure to undo the previous findings that held government security forces and colectivos responsible for widespread, violent repression.

According to NGOs, prosecutors occasionally brought cases against perpetrators of extrajudicial killings, but prosecutions often resulted in light sentences, and convictions were often overturned on appeal.

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

A variety of independent domestic and international human rights groups generally operated with some government restrictions. Major domestic human rights NGOs conducted investigations and published their findings on human rights cases. Government officials were rarely cooperative or responsive to their requests. Domestic NGOs reported fear the government would use the 2017 Law against Hate to justify widespread repression of their activities, jailing of the participants and organizers, and threats against family members. Some domestic NGOs reported government threats and harassment against their leaders, staff, and organizations, in addition to government raids and detentions, but they were able to publish dozens of reports during the year. Some human rights activists reported authorities barred them from traveling abroad or that they feared not being able to return to the country if they traveled. NGOs played a significant role in informing citizens and the international community about alleged violations and key human rights cases.

NGOs asserted the government created a dangerous atmosphere for them to operate. The PSUV first vice president and ANC president, Diosdado Cabello, used his weekly talk show to intimidate NGO staff from Espacio Publico, PROVEA, and Foro Penal. Several organizations, such as the OVP, PROVEA, Foro Penal, and Citizen Control, reported their staffs received both electronic and in-person threats. Human rights organizations claimed they were subject to frequent internet hacking attacks and attempts to violate their email privacy.

The law prohibits domestic NGOs from receiving funds from abroad if they have a “political intent”–defined as the intent to “promote, disseminate, inform, or defend the full exercise of the political rights of citizens” or to “defend political rights.” The government threatened NGOs with criminal investigations for allegedly illegally accepting foreign funds. Various government officials accused human rights organizations on national television and media of breaking the law by receiving funding from international donors.

For violations the law stipulates monetary penalties, a potential five- to eight-year disqualification from running for political office, or both. The law defines political organizations as those involved in promoting citizen participation, exercising control over public offices, and promoting candidates for public office. Although there was no formal application or enforcement of the law, it created a climate of fear among human rights NGOs and a hesitancy to seek international assistance.

In addition to the restrictions placed on fund raising, domestic NGOs also faced regulatory limitations on their ability to perform their missions. The law includes provisions eliminating the right of human rights NGOs to represent victims of human rights abuses in legal proceedings. The law provides that only the public defender and private individuals may file complaints in court or represent victims of alleged human rights abuses committed by public employees or members of security forces.

The United Nations or Other International Bodies: The government was generally hostile toward international human rights bodies and continued to refuse to permit a visit by the IACHR, which last visited the country in 2002. The government also repeatedly refused to grant access to the OHCHR to investigate the human rights situation.

Government Human Rights Bodies: Throughout the year the government gave its 2016 human rights plan minimal attention.

The TSJ continued to hold the National Assembly in “contempt” status, which diminished the purview and operational effectiveness of the assembly’s subcommission on human rights.

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

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, making it punishable by a prison term of eight to 14 years. A man legally may avoid punishment by marrying (before he is sentenced) the person he raped. The law allows authorities to consider alternative forms of punishment, including work release, for those convicted of various crimes, including rape, if they have completed three-quarters of their sentence.

The law criminalizes physical, sexual, and psychological violence in the home or community and at work. The law punishes perpetrators of domestic violence with penalties ranging from six to 27 months in prison. The law requires police to report domestic violence to judicial authorities and obligates hospital personnel to notify authorities when admitting patients who are victims of domestic abuse. Police generally were reluctant to intervene to prevent domestic violence and were not properly trained to handle such cases. The law also establishes women’s bureaus at local police headquarters and tribunals specializing in gender-based violence, and two-thirds of states had specialized courts. The Public Ministry’s Women’s Defense Department employed a team of lawyers, psychiatrists, and other experts who dealt exclusively with cases of femicide, gender-related violence, and other crimes against women.

Many advocates observed there was a lack of public awareness among women regarding resources and support available to prevent and combat domestic violence. The government offered some shelter and services for victims of domestic and other violence, but NGOs provided the majority of domestic abuse support services.

Sexual Harassment: Sexual harassment is illegal and punishable by fines and a prison sentence of one to three years. Although allegedly common in the workplace, sexual harassment cases were rarely reported.

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

Discrimination: Women enjoy the same legal status and rights as men under the constitution. Women and men are legally equal in marriage, and the law provides for gender equality in exercising the right to work. The law specifies that employers must not discriminate against women with regard to pay or working conditions. According to the Ministry of Labor and the Confederation of Workers, regulations protecting women’s labor rights were enforced in the formal sector, although according to the World Economic Forum, women earned 36 percent less on average than men doing comparable jobs.

The law provides women with property rights equal to those of men.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory. According to UNICEF, 81 percent of children younger than age five were registered at birth, based on 2011 statistics provided by the government.

Child Abuse: According to UNICEF and NGOs working with children and women, child abuse, including incest, occurred but was rarely reported. The government made efforts to detain and prosecute some perpetrators of child abuse. Although the judicial system acted to remove children from abusive households, the press reported public facilities for such children were inadequate. According to NGOs, in many cases children were returned to their homes without proper reintegration measures or follow-up.

Early and Forced Marriage: The legal minimum age for marriage is 18 for women and men, but with parental consent, the minimum age is 16.

Sexual Exploitation of Children: By law sexual relations with a minor younger than age 13, with an “especially vulnerable” person, or with a minor younger than age 16 when the perpetrator is a relative or guardian, are punishable with a mandatory sentence of 15 to 20