0f1a222be3 - United States Department of State (2024)

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

There were credible reports the government or its agents committed arbitrary or unlawful killings. For example, in February UNAMA received a report of Afghan Local Police (ALP) members detaining, torturing, and executing a shepherd after an IED killed two ALP members.

NGOs, UNAMA, and media throughout the year charged progovernment forces with extrajudicial killings. Although the government investigated and prosecuted some cases of extrajudicial killing, an overall lack of accountability for security force abuses remained a problem.

There were numerous reports of politically motivated killings or injuries by the Taliban and other insurgent groups. According to UNAMA’s October 19 report, there were 8,397 conflict-related civilian casualties (2,562 deaths and 5,835 injured) between January 1 and September 30, representing a 1 percent decrease from the same period in 2015. The conflict continued to affect the most vulnerable, including women and children. In this same period, UNAMA documented 2,461 child casualties (639 deaths and 1,822 injured), an increase of 15 percent compared with 2015. UNAMA attributed 61 percent of all civilian casualties to nongovernmental elements and 23 percent to progovernment forces.

In July, Human Rights Watch and UNAMA reported that the Afghan army and Junbesh militia forces carried out an operation against the Taliban in Northern Faryab in June in which militia forces killed 13 civilians and wounded 32 others. Human Rights Watch interviewed villagers who said Junbesh fighters entered the villages and targeted those they believed sided with the Taliban.

b. Disappearance

There were reports of disappearances attributed to security forces, and insurgent groups were reportedly also responsible for disappearances and abductions (see section 1.g.).

On November 25, First Vice President General Abdul Rashid Dostum allegedly kidnapped Uzbek tribal elder and political rival Ahmad Ishchi. Before detaining Ishchi, Dostum let his bodyguards brutally beat him during a traditional “buzkashi” match in Jowzan Province. After being held for a number of days, Ishchi later publicized allegations that he was beaten and tortured by Dostum and his men during his detention. The Attorney General’s Office opened an investigation into the allegations.

On June 1, Taliban militants kidnapped 17 members of the Hazara Shiite minority community in Sar-e-Pul Province. Although all were subsequently freed, the Taliban continued to target and kidnap members of the Hazara ethnic community, executing Hazara hostages in certain instances. On September 1, Taliban members stopped a car in Dawlat Abad district of Ghor Province and kidnapped five Hazara university students. They killed one of the students and released the other four weeks later.

On August 7, two professors, working for the American University of Afghanistan were kidnapped; at year’s end they were still in captivity.

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

Although the constitution prohibits such practices, there were reports government officials, security forces, detention center authorities, and police committed abuses. NGOs reported security forces continued to use excessive force, including torturing and beating civilians.

According to local media reports, on July 30, Afghan National Police (ANP) personnel beat civilians in the Speen Ghebarga area of Qalat district in Zabul Province on the site of a recent explosion. The Ministry of Interior suspended three police personnel for the offense.

According to reports, some security officials and persons connected to the ANP raped children with impunity. NGOs reported incidents of sexual abuse and exploitation of children by the Afghan National Defense and Security Forces (ANDSF); however, cultural taboos against reporting such crimes made it difficult to determine the extent of the problem. UNAMA reported it continued to receive allegations of sexual violence against children. In the first half of the year, UNAMA verified two incidents in which ALP used boys for sexual purposes in Baghlan and Kunduz. In one of the cases, an ALP commander in Kunduz kidnapped a 16-year-old boy from his home, brought him to his ALP checkpoint, and raped him for three days. In another case an ALP unit in Baghlan used at least one boy as a bodyguard and for sexual exploitation. There were reports of other boys being abused in the same unit.

There were reports of abuses of power by “arbakai” (untrained local militia) commanders and their followers. According to UNAMA many communities used the terms ALP and arbakai interchangeably, making it difficult to attribute reports of abuses to one group or the other. Nevertheless, credible accounts of killing, rape, assault, the forcible levy of informal taxes, and the traditional practice of “baad” (the transfer of a girl or woman to another family to settle a debt or grievance) were attributed to the ALP.

There were numerous reports of torture and other abuses by the Taliban and other insurgent groups. In March the Afghan Independent Human Rights Commission (AIHRC) reported the Taliban killed a woman in Jowzjan Province for committing adultery, after her husband and his family accused her of having an extramarital affair. Due to security concerns, neither the AIHCRC nor the government was able to investigate the case. In May a video appeared in social media of a woman in Jowzjan Province being tried in an informal Taliban court and later shot in the back of the head and killed.

Prison and Detention Center Conditions

The General Directorate of Prisons and Detention Centers (GDPDC), part of the Ministry of Interior, has responsibility for all civilian-run prisons (for both men and women) and civilian detention centers, including the large national prison complex at Pul-e Charkhi. The Ministry of Justice’s Juvenile Rehabilitation Directorate (JRD) is responsible for all juvenile rehabilitation centers. The ANP, which is under the Ministry of Interior, and the National Directorate for Security (NDS), under the ANDSF, also operated short-term detention facilities at the provincial and district levels, usually collocated with their headquarters facilities. The Ministry of Defense runs the Afghan National Detention Facilities at Parwan.

There were reports of private prisons run by members of the ANDSF and used for abuse of detainees.

Physical Conditions: Media and other sources continued to report common inadequacies in food and water and poor sanitation facilities in prisons. Some observers, however, found food and water to be sufficient throughout the GDPDC prisons. The GDPDC’s nationwide program to feed prisoners faced a severely limited budget. Many prisoners’ families provided food supplements and other necessary items.

Authorities generally lacked the facilities to separate pretrial and convicted inmates, or to separate juveniles according to the seriousness of the charges against them, with the exception of some juvenile facilities that separately housed juveniles imprisoned for national security reasons. According to the UN April 20Report on Children in Armed Conflict, security forces detained hundreds of children on suspicion of being Taliban fighters, attempting suicide attacks, manufacturing or placing IEDs, or assisting insurgent armed groups. In the same report, the United Nations stated the Ministry of Justice reported 214 boys detained in juvenile rehabilitation centers on national security-related charges as of December 2015. There were reports the Parwan detention facility, operated by the Ministry of Defense, held 145 children for security-related offenses ay year’s end, a threefold increase compared with the previous year.

Overcrowding in prisons continued to be a serious, widespread problem; 28 of 34 provincial prisons for men were severely overcrowded, based on standards recommended by the International Committee of the Red Cross. As of July men’s prison facilities were at approximately 190 percent of capacity across the country. The Kapisa provincial prison for men was the most overcrowded, housing 340 inmates, more than 10 times the 29 prisoners for which it was designed. The country’s largest prison, Pul-e Charkhi, held 12,398 prisoners as of September, which was more than double the number it was designed to house.

In a March assessment on the country’s prison health services, UNAMA reported that few prisoners had access to medical check-ups or psychiatric services. The report also suggested the 26 provincial prisons did not have the female medical staff necessary to treat female prisoners. As a result, many children, up to the age of seven, accompanied their mothers to prison. In the same assessment, UNAMA reported that 336 children were accompanying female prisoners held in provincial prisons. While many women opted to keep their children with them in prison (ages seven and under), many others enrolled their children in Child Support Centers (CSCs). There were three CSCs: in Kabul, Mazar, and Herat.

In March, after authorities moved the Kabul Female Prison and Detention Center from a renovated building in the city to an allegedly subpar facility in the Pul-e Charkhi prison complex, a group of female prisoners set the facility on fire to protest their new living conditions.

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

Independent Monitoring: The AIHRC, UNAMA, and International Committee of the Red Cross continued to have access to detention facilities of the NDS and the Ministries of Interior, Justice, and Defense, and NATO Mission Resolute Support had access to NDS, ANP, and Ministry of Defense facilities. Security constraints and obstruction by authorities occasionally prevented visits to some places of detention. UNAMA and the AIHRC reported difficulty accessing NDS places of detention when unannounced. While Resolute Support did not experience the same level of difficulty, authorities denied unannounced access on several occasions at NDS and ANP facilities. The AIHRC reported NDS officials usually required the AIHRC to submit a formal letter requesting access at least one to two days in advance of a visit. NDS officials continued to prohibit AIHRC and UNAMA monitors from bringing cameras, mobile phones, recording devices, or computers into NDS facilities, thereby preventing AIHRC monitors from properly documenting physical evidence of abuse, such as bruises, scars, and other injuries. The NDS assigned a colonel to monitor human rights conditions in its facilities. In February and May, members of parliament visited GDPDC prison facilities to conduct monitoring and oversight of prison conditions, with a focus on conditions for women. The Justice Ministry’s JRD also produced an annual report in March on juvenile justice problems, drafted by the JRD’s Monitoring and Evaluation Office.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest or detention, but both remained serious problems. Authorities detained many citizens without respecting essential procedural protections.

According to NGOs, law enforcement officers continued to detain citizens arbitrarily without clear legal authority or due process. Local law enforcement officials reportedly detained persons illegally on charges not provided for in the penal code. In 2012 the Attorney General’s Office (AGO) ordered a halt to the prosecution of women for “running away,” which is not a crime under the law. Reports indicated that prosecutors instead charged women who had left home with “attempted zina” (extramarital sexual relations) for being outside the home in the presence of nonrelated men, which is also not a crime under the law. In some cases authorities wrongfully imprisoned women because they deemed it unsafe for the women to return home or because women’s shelters were not available to provide protection in the provinces or districts at issue (see section 6, Women).

ROLE OF THE POLICE AND SECURITY APPARATUS

Three ministries have responsibility for providing security in the country, the Ministry of Interior, the Ministry of Defense, and the NDS. The ANP, under the Interior Ministry, has primary responsibility for internal order and also has responsibility for the ALP, a community-based self-defense force. The Afghan National Army (ANA), under the Ministry of Defense, is responsible for external security, but its primary activity is fighting the insurgency internally. The NDS functions as an intelligence agency and has responsibility for investigating criminal cases concerning national security. The investigative branch of the NDS operated a facility in Kabul, where it held national security prisoners awaiting trial until their cases were transferred to prosecutors. In some areas insurgents, rather than the ANP or ANA, maintained control.

There were reports of impunity and lack of accountability by security forces throughout the year. According to observers, ALP and ANP personnel were largely unaware of their responsibilities and defendants’ rights under the law. Accountability of NDS and ANP officials for torture and abuse was weak, not transparent, and rarely enforced. Independent judicial or external oversight of the NDS and ANP in the investigation and prosecution of crimes or misconduct, including torture and abuse, was limited. Police corruption remained a serious problem (see section 4).

NGOs and human rights activists reported widespread societal violence, especially against women (see section 6). In many cases police did not prevent or respond to violence and, in some cases, arrested women who reported crimes committed against them, such as rape.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

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

The law provides for access to legal counsel and the use of warrants, and it limits how long authorities may hold detainees without charge. Police have the right to detain a suspect for 72 hours to complete a preliminary investigation. If police decide to pursue a case, they transfer the file to the AGO. With court approval the investigating prosecutor may continue to detain a suspect while continuing the investigation, with the length of continued detention depending on the severity of the offense. The investigating prosecutor may detain a suspect for a maximum of 10 additional days for a petty crime, 27 days for a misdemeanor, and 75 days for a felony. The prosecutor must file an indictment or release the suspect within those deadlines, and no further extension of the investigatory period is permitted if the defendant is in detention. Prosecutors often ignored these limits.

Incommunicado imprisonment remained a problem, and prompt access to a lawyer was rare. Prisoners generally were allowed access to their families, but there were exceptions, and access was frequently delayed.

The criminal procedure code does provide for release on bail; however, in practice, the bond system was not always used. Authorities at times continued to detain defendants who had been acquitted by the courts on the grounds that defendants who were released pending the prosecution’s appeal often disappeared. In many cases authorities did not rearrest defendants they released pending the outcome of an appeal, even after the appellate court convicted them in absentia.

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

According to the juvenile code, the arrest of a child “should be a matter of last resort and should last for the shortest possible period.” Reports indicated children in juvenile rehabilitation centers across the country lacked access to adequate food, health care, and education. Like adult detainees, detained children frequently were denied basic rights and many aspects of due process, including the presumption of innocence, the right to be informed of charges, access to defense lawyers, and protection from self-incrimination. The law provides for the creation of special juvenile police, prosecution offices, and courts. Due to limited resources, special juvenile courts functioned in only six provinces (Kabul, Herat, Balkh, Kandahar, Nangarhar, and Kunduz). Elsewhere, children’s cases fall under the ordinary courts. The law mandates that authorities handle children’s cases confidentially and, as with all criminal cases, may involve three stages: primary, appeals, and the final stage at the Supreme Court.

Some children in the criminal justice system were victims rather than perpetrators of crime. In some instances authorities chose to punish victims because they brought shame on the family by reporting an abuse. In the absence of sufficient shelters for boys, authorities detained abused boys and placed them in juvenile rehabilitation centers because they could not be returned to their families and shelter elsewhere was unavailable. There were also allegations that authorities allegedly treated children related to a perpetrator as proxies and imprisoned them.

Police and legal officials often charged women with intent to commit zina to justify their arrest and incarceration for social offenses, such as running away from home, rejecting a spouse chosen by her family, fleeing domestic violence or rape, or eloping. Article 130 of the constitution provides that in cases not explicitly covered by the provisions of the constitution or other laws, courts may, in accordance with Hanafi jurisprudence (a school of sharia, or Islamic law) and within the limits set by the constitution, rule in a manner that best attains justice in the case. Although observers stated this provision was widely understood to apply only to civil cases, many judges and prosecutors applied Article 130 to criminal matters. Observers reported officials used this article to charge women and men with “immorality” or “running away from home,” neither of which is a crime. Police often detained women for zina at the request of family members.

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

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

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

Pretrial Detention: The law provides a defendant the right to object to his or her pretrial detention and receive a court hearing on the matter. Nevertheless, lengthy pretrial detention remained a problem.

Many detainees did not benefit from any or all of the provisions of the criminal procedure code, largely due to a lack of resources, limited numbers of defense attorneys, unskilled legal practitioners, and corruption. The law provides that, if the investigation cannot be completed or an indictment is not filed, within the code’s 10-, 27-, or 75-day deadlines, the defendant must be released. Many detainees, however, were held beyond those periods, despite the lack of an indictment.

Amnesty: The Afghanistan Peace and Reintegration Program, which existed between 2010 and 2016, was a mechanism for bringing combatants off the battlefield. The program document stated the program “is not a framework for pardoning all crimes and providing blanket amnesty,” and reintegration candidates were informed prior to enrollment that entry into the program did not amount to blanket immunity from prosecution.

In September the government concluded a peace accord with the Hezb-e Islami Gulbuddin group. As part of the agreement, the government pledged to release certain prisoners in its custody. At year’s end the government was vetting prisoners for possible release.

As of September 2015, prison industries offered more jobs and vocational training to enhance employment opportunities after release. In December 2015 President Ghani visited Badam Bagh prison in Kabul to inquire about the situation of female inmates. Ghani said he personally oversaw the drafting of pardon and parole decrees and ordered the creation of an impartial delegation composed of female representatives from civil society to look into female prisoners’ cases. The delegation, comprising nine women, was reviewing female inmate cases to ensure those eligible were released. By year’s end, 235 women had been released, and 307 had their sentences reduced.

e. Denial of Fair Public Trial

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

Bribery, corruption, and pressure from public officials, tribal leaders, families of accused persons, and individuals associated with the insurgency continued to impair judicial impartiality. Most courts administered justice unevenly, employing a mixture of codified law, sharia, and local custom. Traditional justice mechanisms remained the main recourse for many, especially in rural areas. There was varying adherence to codified law, with courts often disregarding applicable statutory law in favor of sharia or local custom. Corruption was common within the judiciary, and often criminals paid bribes to obtain their release or a reduction in sentence (see section 4).

The formal justice system was relatively strong in urban centers, where the central government was strongest, and weaker in rural areas, where approximately 76 percent of the population lived. Courts and police forces continued to operate at less than full strength nationwide. The judicial system continued to lack the capacity to absorb and implement the large volume of new and amended legislation. A lack of qualified judicial personnel hindered the courts. Some municipal and provincial authorities, including judges, had minimal training and often based their judgments on their personal understanding of sharia without appropriate reference to statutory law, tribal codes of honor, or local custom. The number of judges who were graduates of law school, many from universities with sharia faculties, continued to increase. Access to legal codes and statutes increased, but their limited availability continued to hinder some judges and prosecutors.

In March 2015 a mob killed Farkhunda Malikzada after a local religious cleric falsely accused her of burning a copy of the Quran. Following protests after Farkhunda’s death, the government promised swift and exemplary justice but showed little progress in holding the attackers accountable. A court prosecuted some of the attackers and sentenced some to the death penalty. In March 2016, however, the Supreme Court voted to reduce the sentences of those convicted. The reasoning was that the death penalty can be imposed only where the accused are found to be the “main perpetrators” of the death. The Supreme Court held it could not find sufficient evidence that any of the four men were the direct cause of Farkhunda’s death.

Following the Supreme Court decision to uphold the reduced sentences, President Ghani established an investigatory committee to look into Farkhunda’s case. More than 40 civil society and women’s organizations formed an alliance to demand that the Supreme Court decision be investigated and revisited. As an example, the Women’s Political Participation Committee, a civil society organization, held a press conference on March 19 to call on the government to reassess the Supreme Court’s decision and ensure more transparency in the process.

There was a widespread shortage of judges, primarily in insecure areas. UNAMA reported Taliban attacks against judicial authorities and prosecutors significantly increased following the government’s execution on May 8 of six Taliban prisoners. Following the executions, the Taliban carried out major attacks against judicial officials. On May 25, a Taliban suicide bomber attacked a government shuttle bus transporting Maidan Wardak provincial court staff members, killing 12 civilians, including two judges, and injuring nine others. On June 1, the Taliban attacked Ghazni’s provincial appellate court and killed four civilians, including two court staff, and injured 15 others, including the head of the court.

In major cities, courts continued to decide criminal cases as mandated by law. Civil cases continued to be frequently resolved using the informal system or, in some cases, through negotiations between the parties facilitated by judicial personnel or private lawyers. Because the formal legal system often was not present in rural areas, local elders and shuras (consultative gatherings, usually of men selected by the community) were the primary means of settling both criminal matters and civil disputes. They also imposed punishments without regard to the formal legal system.

In some areas the Taliban enforced a parallel judicial system based on a strict interpretation of sharia. Punishments could include execution or mutilation. For example, in August in Kapisa Province, the Taliban accused a 20-year-old student of spying, kidnapped him, and killed him a week later. UNAMA reported death sentences, lashings, and beatings resulted in 29 civilian casualties (24 deaths and five injuries) in the first half of the year, a 28 percent increase over the same period in the previous year.

TRIAL PROCEDURES

The constitution provides the right to a fair and public trial, but the judiciary rarely enforced this provision. The administration and implementation of justice varied in different areas of the country. The government formally uses an inquisitorial legal system. By law all citizens are entitled to a presumption of innocence, and those accused have the right to be present at trial and to appeal, although these rights were not always respected. In some provinces public trials were held, but this was not the norm. Three-judge panels decide criminal trials, and there is no right to a jury trial under the constitution. Prosecutors rarely informed defendants promptly and in detail of the charges brought against them. An indigent defendant has the right to consult with an advocate or counsel at public expense when resources allow. This right was applied inconsistently, in large part due to a severe shortage of defense lawyers. Citizens often were unaware of their constitutional rights. Defendants and attorneys were entitled to examine physical evidence and documents related to a case before trial, although observers noted court documents often were not available for review before cases went to trial, despite defense lawyers’ requests.

Criminal defense attorneys reported justice system officials were slowly demonstrating increased respect and tolerance for the role of defense lawyers in criminal trials, but at times defendants’ attorneys experienced abuse and threats from prosecutors and other law enforcement officials.

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

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

POLITICAL PRISONERS AND DETAINEES

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

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Citizens had limited access to justice for constitutional and human rights violations. The state judiciary did not play a significant or effective role in adjudicating civil matters due to corruption and lack of capacity, although the judiciary frequently adjudicated family law matters.

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

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

Government officials continued to enter homes and businesses of civilians forcibly and without legal authorization.

There were reports that government officials monitored private communications, including telephone calls and other digital communications, without legal authority or judicial warrant.

Authorities imprisoned relatives, male and female, of criminal suspects and escaped convicts in order to induce the persons being sought to surrender (see section 1.d.).

Insurgents continued to intimidate cell phone operators to shut down operations. Reports of destruction of mobile telephone towers, bribing of guards, and disconnecting of networks at night were particularly common in the southwestern, southern, and eastern provinces.

Continuing internal conflict resulted in civilian deaths, abductions, prisoner abuse, property damage, displacement of residents, and other abuses. The security situation remained a problem due to insurgent attacks. Civilians, particularly women and children, continued to bear the brunt of intensified armed conflict, according to UNAMA. Overall civilian casualties continued at approximately the same rates as in 2015, but with a 1 percent decrease in deaths. Terrorist groups caused the vast majority of civilian deaths.

Killings: For the first nine months of the year, UNAMA documented 8,397 civilian casualties (2,562 deaths and 5,835 injured). UNAMA attributed 23 percent of civilian casualties to progovernment forces, while it attributed 61 percent of all civilian casualties to antigovernment elements.

According to UNAMA, ground engagements and crossfire incidents involving the parties to the conflict remained the largest cause of civilian casualties (dead and injured), followed by suicide and complex attacks and IEDs. UNAMA reported that the number of casualties among children in the first nine months of the year increased by 15 percent over the same period in 2015. Antigovernment elements continued to use suicide and complex attacks to target civilians and government officials, a practice that became the most harmful tactic by antigovernment forces. In the first nine months of the year, suicide and complex attacks represented 20 percent of all civilian casualties, while IEDs caused 18 percent of casualties.

The increase in complex and suicide attacks was evidenced by the attack in Kabul in July, when a twin bombing occurred near Deh Mazang Square in Kabul during a peaceful demonstration. More than 80 demonstrators, predominantly Shiite Hazara, were killed by the blasts, and more than 230 were injured.

Antigovernment elements continued to attack religious leaders whom they concluded spoke against the insurgency or the Taliban. Antigovernment elements also continued to target government officials. The majority of Taliban attacks targeted security forces, in particular ANP and ALP forces, notably in volatile areas. Antigovernment elements continued to use civilian residences to attack government forces, such as those that occurred in February in Dand E Ghori, according to local media.

The Taliban and antigovernment elements continued to engage in indiscriminate use of force, attacking and killing villagers, foreigners, and NGO workers in armed attacks and with vehicle-borne improvised explosive devices (VBIEDs) and suicide bombs. Through the first six months of the year, UNAMA documented 2,509 civilian casualties (531 civilian deaths and 1,528 injuries) because of combined IED tactics, or 67 percent of all civilian casualties caused by antigovernment forces.

Abductions: UNAMA documented 195 incidents of conflict-related abductions in the first six months of the year that resulted in 85 civilian casualties (46 deaths and 39 injured) and the abduction of 1,141 persons. This showed a 67 percent increase in the number of civilians abducted, albeit with a 2 percent decrease in the overall number of abductions, compared with the same period in 2015. On May 30, the Taliban stopped three civilian buses carrying passengers from Kabul to Takhar and Badakhshan Provinces in Ali Abad district of Kunduz Province. Taliban abducted 185 passengers, including 30 women and children. The abductors identified 28 men as Afghan Security Personnel and released 157 passengers. They executed 12 of the kidnapped passengers and released eight others. The last eight were released a month and a half later, after local elders mediated their release.

Physical Abuse, Punishment, and Torture: According to some reports, on June 26, security forces launched a combined operation with progovernment armed groups against the Taliban in Faryab Province. While the Taliban fled the area, progovernment armed groups led by six commanders conducted operations in four villages that resulted in 17 casualties (five deaths and 12 injured). The forces loyal to these six commanders shot and killed three civilian men in Sheshpar village and severely beat 14 other men in the same village on accusation of supporting the Taliban; two of the 14 beaten men died of their wounds. There were reports that these forces looted and burned civilian houses in Shordarya area, and UNAMA was investigating the allegations. President Ghani ordered the arrest of individuals responsible for the abuse, and the NDS arrested one commander and seven men while the investigation continued.

Antigovernment elements continued to target civilians. The following are illustrative examples. In February, Taliban members killed four civilians at a wedding party in the Sar Hakwza district of Paktika Province, accusing them of cooperating with government officials. On March 5, the Taliban shot and killed a mosque custodian/imam in front of his mosque in Kandahar Province. The group claimed that the imam was working for the government’s intelligence service.

Land mines, unexploded ordnance, and explosive remnants of war (ERW) continued to cause deaths and injuries, restrict areas available for farming, and impede the return of refugees. UNAMA reported the number of deaths and injuries from land mines, unexploded ordnance, and explosive remnants of war was 35 percent higher than in previous years. The Mine Action Program of Afghanistan reported that during the 12 months ending in March, there were 155 reported casualties from ERW, seven casualties due to land mines, and 1,051 casualties from pressure-plate improvised explosive devices (PPIEDs). In addition to these casualties from traditional antitank and antipersonnel mines and PPIEDs, there continued to be thousands of civilian casualties from other IEDs. According to the Mine Action Coordination Center, land mines, unexploded ordnance, and ERW imperiled 1,577 communities across 256 districts, covering approximately 230 square miles. The Ministry of Education and NGOs continued to conduct educational programs and mine awareness campaigns throughout the country.

Between January 1 and June 30, child casualties from ERW increased by 53 percent, accounting for 85 percent of all civilian casualties caused by ERW, compared with the same period in 2015. ERW caused 264 child casualties (83 deaths and 181 injured), making it the second leading cause of child casualties in the first half of the year. In the same period, UNAMA documented 136 incidents of ERW detonation resulting in 312 civilian casualties (95 deaths and 217 injured, a 49 percent increase compared with the first half of 2015. Mine-risk education, in collaboration with the Ministry of Education, was conducted in schools to raise awareness. According to the Mine Action Program Coordination Center of Afghanistan, there were 1,620 mine-contaminated communities, covering an area of approximately 210 square miles.

Child Soldiers: There were reports the ANDSF and progovernment militias, particularly the ANP and ALP, recruited and used children for military purposes. In an effort to prevent the recruitment of children, the government continued to work towards the expansion of Child Protection Units (CPUs) to all 34 provinces. As of November there were 17 active CPUs–12 of them established during the year. According to the UN Children’s Fund (UNICEF), CPUs prevented 315 children from being recruited during the year.

The AIHRC reported 21 cases of child recruitment by the Ministry of Interior security forces. Under a government action plan, the ANP took steps that included training staff on age-assessment procedures, launching an awareness campaign on underage recruitment, investigating alleged cases of underage recruitment, and establishing centers in some provincial recruitment centers to document cases of attempted enlistment by children. Recruits undergo an identity check, including a requirement that at least two community elders vouch that a recruit is 18 years old and is eligible to join the ANDSF. The Ministries of Interior and Defense also issued directives meant to prevent the recruitment and sexual abuse of children by the ANDSF. Media reported in some cases ANDSF units used children as personal servants, support staff, or for sexual purposes.

UNAMA also documented the recruitment of children by the Taliban and other antigovernment elements, although figures were unreliable and difficult to obtain. In some cases the Taliban and other antigovernment elements used children as suicide bombers and human shields and in other cases to assist with their work, such as placing IEDs, particularly in southern provinces. Media, NGOs, and UN agencies reported the Taliban tricked children, promised them money, used false religious pretexts, or forced them to become suicide bombers. During the year the United Nations recorded 35 cases of child recruitment by armed opposition groups and 13 cases by the ANDSF.

In February the Taliban killed Wasil Ahmad, an 11-year-old boy who had been praised for fighting in an ALP unit for 43 days in 2015 when Taliban forces laid siege to his hometown of Khas Uruzgan. Although the ALP claimed the boy was not recruited and volunteered to defend his family, he was armed and in uniform. The boy was killed six months after the siege; he was no longer engaged in combat.

Also see the Department of State’s annualTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

Other Conflict-related Abuse: The security environment continued to have a negative effect on the ability of humanitarian organizations to operate freely in many parts of the country. Insurgents deliberately targeted government employees and aid workers.

Suspected Taliban members attacked NGO offices, vehicles, guesthouses, restaurants, and hotels frequented by NGO employees. Violence and instability hampered development, relief, and reconstruction efforts. NGOs reported insurgents, powerful local individuals, and militia leaders demanded bribes to allow groups to bring relief supplies into the country and distribute them. In April unidentified armed men abducted 15 members of a mine removal team from HALO Trust, a mine-clearing agency, in Herat Province. The men were released the next day during a military operation.

The Taliban continued to distribute threatening messages in attempts to curtail government and development activities. Insurgents used civilians, including children, as human shields, either by forcing them into the line of fire or by conducting operations in civilian settings.

In the south and east, the Taliban and other antigovernment elements frequently forced local residents to provide food and shelter for their fighters. The Taliban also continued to attack schools, radio stations, and government offices.

On September 5, Taliban forces carried out two large bombing operations in Kabul, targeting the Ministry of Defense and the humanitarian agency CARE International. At least 30 were killed and more than 90 injured at the ministry. The majority of casualties at the ministry attack were ANDSF, and an ANA general and two senior police officials were among the dead. The Taliban immediately claimed responsibility for the attack. At CARE International unidentified attackers detonated a VBIED at the agency’s headquarters. One civilian was killed, while one ANP person and seven civilians were injured.

On October 25, militants killed 24 civilians–including women and children–who had been captured the day before near the Ghor provincial capital of Firezkoh city (formerly Chaghcharan). The Taliban denied involvement, and the provincial governor’s spokesperson told one journalist that Islamic State in Khorasan Province carried out the attack. Other reports indicated the civilians were executed in response to the death of local Taliban commander Faroq on October 24 during an attack on an Afghan National Civil Order Police checkpoint.

a. Freedom of Speech and Press

The constitution provides for freedom of speech and of the press, but the government sometimes restricted these rights to varying degrees.

Freedom of Speech and Expression: While the law provides for freedom of speech, which was widely exercised, there were reports authorities at times used pressure, regulations, and threats to silence critics. Freedom of speech was also considerably more constrained at the provincial level, where local power brokers, such as former mujahedin-era military leaders, exerted significant influence and authority to intimidate or threaten their critics, both private citizens and journalists.

Press and Media Freedoms: While media reported independently throughout the year, often openly criticizing the government, full press freedoms were lacking. At times authorities used pressure, regulations, and threats to silence critics. Politicians, security officials, and others in positions of power arrested, threatened, or harassed journalists because of their coverage. Freedom of speech and an independent media were even more constrained at the provincial level, where many media outlets had links to specific personalities or political parties, to include former mujahedin military leaders who owned many of the broadcasting stations and print media and influenced their content.

Print media continued to publish independent magazines, newsletters, and newspapers. A wide range of editorials and dailies openly criticized the government. There were concerns, however, that media independence and safety remained at high risk in light of increased attacks. Due to high levels of illiteracy, television and radio were the preferred information source for most citizens. Radio remained more widespread due to its relative accessibility, with approximately 75 percent radio penetration, compared with approximately 50 percent for television.

The Ministry of Information and Culture has authority to regulate the press and media. In 2015 the ministry dissolved the Media Violations Investigation Commission, whose evaluations of complaints against journalists were criticized as biased and not based on the law. Human Rights Watch reported the ministry routinely ignored officials who threatened, intimidated, or even physically attacked members of the press. While the ministry has legal responsibility for regulating media, the council of religious scholars (the Ulema Council) had considerable influence over media affairs.

In January the information ministry created the Independent Mass Media Commission. The commission is responsible for reregistering all media outlets in the country. Media activists condemned the new reregistration process, citing the high fees to undergo the process would hurt media outlets, particularly the smaller radio and television stations in the provinces. As of September media advocates had been able to delay the implementation of the new reregistration regulation.

In February, after the president issued a decree to implement current media laws and strengthen freedom of expression, the executive created a committee to investigate cases of violence against journalists. The committee met multiple times in the first half of the year and identified 432 cases eligible for investigation. The committee sent the cases to the appropriate government institutions associated with the violations for investigation, including the Ministry of Interior and NDS forces. As of September none of the government institutions had started an investigation or provided a response to the committee.

In May parliament members criticized the lack of full implementation of the 2014 Access to Information law. The Commission on Monitoring Access to Information stated a lack of budget and lack of government support resulted in weak implementation of the law.

Violence and Harassment: Government used threats, violence, and intimidation to silence opposition journalists, particularly those who spoke out about impunity, war crimes, government officials, and powerful local figures. The AJSC reported that 50 percent of 101 incidents of attacks against journalists, including 13 cases of killings, 30 cases of beatings, 35 cases of intimidation, 17 cases of abuse, and six cases of injury, were attributed to government officials. In an October 30 press conference, Nai, an NGO supporting media freedom, reported that violence against media workers had increased to approximately 370 cases, in comparison with 95 cases in 2015. According to Nai, nearly 300 journalists left their jobs during the year due to threats. For example, according to reports, on June 5, police beat a reporter from Kawoon Ghag Radio while he reporting on an event where donations were distributed to poor families.

On August 29, while the president visited Bamyan Province to inaugurate the refurbished provincial airport, progovernment forces, including the president’s protective detail, allegedly harassed and beat protesters and journalists. Some journalists reported government security forces used violence against them and removed film or digital photographs from their equipment. Human Rights Watch received reports of NDS forces detaining journalists and activists for 24 hours. The Presidential Palace first rejected claims of journalists being beaten or detained during the August Bamyan visit, but later the president ordered an investigation.

On August 28, the leading independent daily newspaper,Hasht-e-Subh, intentionally left an entire page empty of content in all Herat city editions to highlight censorship of a news feature detailing corruption and smuggling allegations against Herat provincial council chief Kamran Alizai. The newspaper’s editor in chief, Parwiz Kawa, publicly stated the blank page demonstrated what he termed was a “preventive and protective” protest against an unnamed “powerful official.” He said editors were responding to threats against their regional offices by Alizai, who also maintained an illegal private militia. On the following day,Hasht-e-Subhpublished an article claiming the AGO assured editors that Alizai was under investigation, had been suspended from his duties, and had been banned from leaving the country. In the meantime the president’s deputy spokesperson, Shah Hussain Murtazawi, toldHasht-e-Subh,“Anyone who challenges independent media would be harshly confronted by the government.”

Prevailing security conditions created a dangerous environment for journalists, even when they were not specific targets. Media organizations and journalists operating in remote areas were more vulnerable to violence and intimidation because of the increased level of insecurity and pronounced fear from insurgents, warlords, and organized criminals. They also reported local governmental authorities were less cooperative in facilitating access to information.

On August 24, the National Security Council approved a new set of guidelines to address cases of violence against journalists. The new initiative entails the creation of a joint national committee in Kabul and separate committees in provincial capitals, a coordination center to investigate and identify perpetrators of violence against journalists, and a support committee to be run by the NDS to identify threats against journalists. The joint committee, to be chaired by the second vice president, was expected to register new cases, call for support from judicial bodies to prosecute perpetrators, and publicly share statistics on cases. Activists welcomed the government’s initiative.

An independent organization focused on the safety of journalists continued to operate a safe house for journalists facing threats. It reported law enforcement officials generally cooperated in assisting journalists who faced credible threats, although limited investigative capacity meant many cases remained unresolved. The Afghan Independent Bar Association established a media law committee to provide legal support, expertise, and services to media organizations.

Women constituted approximately 20 percent of media workers, compared with 30 percent in 2015. Some women oversaw radio stations across the country, and some radio stations emphasized almost exclusively female concerns. Nevertheless, female reporters found it difficult to practice their profession. Poor security, lack of training, and unsafe working conditions limited the participation of women in the media. The AJSC released a special report in March on the situation of female journalists, noting that sexual harassment continued to be wide spread in the media industry. If not subjected to sexual harassment and abuse at work, female journalists often faced pressure by their families to leave the media profession or at least not to show their faces on television.

Censorship or Content Restrictions: The government reportedly sought to restrict reporting on topics deemed contrary to the government’s messaging.

Some media observers claimed journalists reporting on administrative corruption, land embezzlement, and local officials’ involvement in narcotics trafficking engaged in self-censorship due to fear of violent retribution by provincial police officials and powerful families. Fearing retribution by government officials, media outlets sometimes preferred to quote from foreign media reports on sensitive topics and in some cases fed stories to foreign journalists.

Nai conducted a survey in Kabul and five different provinces that revealed 94 percent of local social media users practiced self-censorship, fearing security threats and intimidation,

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

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

Nongovernmental Impact: Journalists continued to face threats from the Taliban and other insurgents. Some reporters acknowledged they avoided criticizing the insurgency and some neighboring countries in their reporting because they feared Taliban retribution. In February, two Afghan Adib radio workers in Pol-e Khomri in Baghlan Province were brutally attacked, leaving one in a coma. Taliban forces reportedly were behind the attack, although no group claimed responsibility.

The Committee to Protect Journalists reported local and foreign reporters continued to be at risk of kidnapping.

The Taliban continued to threaten journalists associated with two privately owned Afghan television outlets, ToloNews TV, and 1TV. The Taliban’s military commission designated both outlets as “military objectives” due to their perceived disrespectful coverage and claims that they broadcast propaganda, ridiculed religion, and injected the minds of youth with immorality. The Taliban for the first time openly threatened ToloNews in 2015, after the news channel reported allegations of executions, rape, kidnappings, and other abuses by the Taliban when Kunduz fell to the antigovernment group. On January 20, a Taliban suicide bomber in Kabul targeted and struck a minibus carrying Kaboora production staff, an affiliate of ToloNews, killing seven. On June 8, unknown gunmen launched a grenade attack on Enikas Radio in Jalalabad, just three days after an American journalist and a translator embedded in a local security forces convoy were killed by an ambush in Helmand Province on June 5.

INTERNET FREEDOM

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

Media outlets and activists routinely used social media to discuss political developments, and Facebook was widely used in urban areas. The Taliban used the internet and social media (for example, Twitter) to spread its messages. Internet usage remained relatively low due to high prices, inadequate local content, and illiteracy.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no reports that the government imposed restrictions on academic freedom or cultural events during the year.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The government generally respected citizens’ right to demonstrate peacefully. Numerous public gatherings and protests took place during the year. In May a mass demonstration took place in Kabul over the government’s decision on routing of an electricity line from Turkmenistan to Kabul. Although government forces placed shipping containers to provide security and limited the areas in which the demonstration took place, protesters were allowed to march on the streets of Kabul. On July 23, protesters gathered again to protest the same electricity line but were attacked by insurgents with a bomb that killed 80 and injured an additional 250 protesters. After Da’esh claimed responsibility, the Ministry of Interior banned street protests for 10 days.

In September, Tajik supporters assembled to rebury the remains of a former king on a hill important to the Uzbek community in Kabul, leading to a standoff. After an agreement was reached, the reburial took place, although some criticized the government for not handling the issue properly.

FREEDOM OF ASSOCIATION

The right to freedom of association is provided in the constitution, and the government generally respected it. The 2009 law on political parties obliges them to register with the Ministry of Justice and to pursue objectives consistent with Islam. By law a political party must have 10,000 registered members to register with the ministry.

In 2012 the Council of Ministers approved a regulation requiring political parties to open offices in at least 20 provinces within one year of registration. The regulation provides for removal of parties failing to do so from the Justice Ministry’s official list. In 2015 the ministry conducted a nationwide review of provincial political party offices. It found 10 political parties not in compliance with the regulation and deregistered all 10 of them. There were a total of 57 political parties registered with the ministry.

c. Freedom of Religion

See the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, which the government generally respected, although it sometimes limited citizens’ movement for security reasons.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), the International Organization for Migration, and other humanitarian organizations in providing protection and assistance to internally displaced persons (IDPs), refugees, returning refugees, and other persons of concern. Government ability to assist vulnerable persons, including returnees from Pakistan and Iran, remained limited, and it continued to rely on the international community for assistance.

In-country Movement: Taxi, truck, and bus drivers reported security forces or insurgents sometimes operated illegal checkpoints and extorted money and goods from travelers.

The greatest barrier to movement in some parts of the country was the lack of security. In many areas insurgent violence, banditry, land mines, and IEDs made travel extremely dangerous, especially at night.

Armed insurgents operated illegal checkpoints and extorted money and goods. The Taliban imposed nightly curfews on the local populace in regions where it exercised authority, mostly in the southeast.

Social custom limited women’s freedom of movement without male consent or a male chaperone.

Emigration and Repatriation: Refugee returns to the country rose in the last half of the year. As of mid-November UNHCR had assisted the return of more than 370,000 registered refugees (99 percent of whom returned from Pakistan), greatly surpassing the 58,460 returns in 2015. According to UNHCR surveys of returnees at arrival centers, many returnees claimed they left Pakistan due to increased rates of harassment and extortion and because they no longer believed they could stay in their homes safely or find jobs. Other reasons they cited included maintaining family unity with undocumented Afghans following their deportation, enhanced border controls, and uncertainty about legal status. Former refugees constituted more than 20 percent of the total country population, yet the government lacked the capacity to integrate large numbers of new arrivals due to continuing insecurity, limited employment opportunities, poor development, and budgetary constraints.

Undocumented Afghan refugees also returned in large numbers. The International Organization for Migration reported that about 230,000 had returned from Pakistan as of mid-November and projected that approximately 300,000 undocumented Afghans would return by the end of 2016. Approximately 391,000 undocumented Afghans returned from Iran during the same period; most of these returns resulted from deportation by Iranian authorities.

INTERNALLY DISPLACED PERSONS (IDPS)

Internal population movements increased, mainly triggered by increasing armed conflict. The United Nations estimated there were 1.2 million IDPs in the country. According to the UN Office for Coordination of Humanitarian Affairs, 486,000 new IDPs fled their homes from January to November. Most IDPs left insecure rural areas and small towns seeking relatively greater safety and government services in larger towns and cities in the same province. All 34 provinces hosted IDP populations.

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

PROTECTION OF REFUGEES

Access to Asylum: Laws do not provide for granting asylum or refugee status, and the government has not established a system for providing protection to refugees from other countries. Nonetheless, the government worked closely with the international community to protect and respond to the needs of Pakistani refugees, including an estimated 100,000 refugees who remained in UNHCR camps in Khost and Paktika Provinces after being displaced in 2014 following Pakistani military operations against insurgents across the border.

The constitution provides citizens the opportunity to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Citizens exercised this ability in the 2014 presidential and provincial elections and the 2010 parliamentary elections. The Taliban and political actors attempted to use violence to intimidate voters during the 2014 presidential elections, which were also marred by allegations of widespread fraud and corruption. Parliamentary elections are mandated by the constitution to be held every five years; however, the regularly scheduled elections were not held in 2015, as the government had yet to complete promised electoral reforms. As a result members of the Wolesi Jirga (lower house of parliament) remained in office past the June 2015 expiration of their five-year terms by virtue of a presidential decree. In November the government replaced the members of its main electoral bodies–the Independent Election Commission (IEC) and the Independent Electoral Complaints Commission–a necessary first step in completing the anticipated reforms and proposing a new electoral calendar.

Elections and Political Participation

Recent Elections: According to the IEC, more than 6.8 million voters cast votes in the first round of the April 2014 presidential election. Although security incidents occurred throughout the country, they reportedly had only a modest impact on turnout, and there were no mass-casualty events. Of the eight presidential candidates who competed in the first round, former foreign minister Abdullah Abdullah and former finance minister Ashraf Ghani Ahmadzai received the most votes, 45 percent and 31.6 percent, respectively. Neither achieved the majority necessary, and a runoff election between the two was held in June 2014.

Allegations of fraud led to a dispute over the accuracy of the preliminary results announced by the IEC following the June 2014 runoff. Those results showed Ghani leading with 56.4 percent, compared with Abdullah’s 43.5 percent. Following a protracted standoff, the two candidates agreed to a 100 percent audit of the ballot boxes and committed to forming a National Unity Government, with the runner-up assuming a newly created chief executive officer (CEO) position in the government. According to media reporting of leaked IEC data, the audit invalidated more than 850,000 fraudulent ballots of an estimated eight million. The IEC completed the election audit and named Ghani the winner in September 2014. In accordance with the National Unity Government agreement, Ghani then created the CEO position by presidential decree and named Abdullah to the position. The audit results were released publicly in February.

Political Parties and Political Participation: Negative associations of past political activity with violent militia groups and the former communist regime, as well as allegations of persistent corruption and inefficiency among political elites, led many citizens to view political parties with suspicion. The Political Party Law granted parties the right to exist as formal institutions for the first time in the country’s history. The law requires parties to have at least 10,000 members from the country’s 34 provinces.

Parties were not always able to conduct activities throughout the country; in some regions antigovernment violence reduced security. As of November, 57 political parties were registered with the Ministry of Justice, and no party was deregistered during the year. According to the ministry, a deregistered party could meet and continue “informal” political activities, but candidates for political office could not run for office under the party’s name until it met the registration criteria.

Provincial party members continued to assert the ministry’s monitoring process was inconsistent. Some parties reported regular interactions with ministry officials and others had none at all. Political parties played a greater role in the 2014 presidential elections than in previous elections, and the organization, networks, and public support of the parties that supported Abdullah and Ghani contributed to their success as presidential candidates.

Participation of Women and Minorities: The constitution specifies a minimum number of seats for women and minorities in the two houses of parliament. For the Wolesi Jirga (lower house), the constitution mandates that at least two women shall be elected from each province (for a total of 68). In 2010 voters elected 69 women to the Wolesi Jirga. In the Meshrano Jirga (upper house), the constitution empowers the president to appoint one-third of the members. One-half of the presidential appointees must be women. Ten seats are also set aside in the Wolesi Jirga for members of the Kuchi minority (nomads). In the Meshrano Jirga, the president’s appointees must include two Kuchis and two members with physical disabilities. In practice, one seat in the Meshrano Jirga is reserved for the appointment of a Sikh or Hindu representative, although this is not mandated by the constitution.

Traditional societal practices continued to limit women’s participation in politics and activities outside the home and community, including the need to have a male escort or permission to work. These factors, in addition to an education and experience gap, likely continued to influence the central government’s male-dominated composition. The 2013 electoral law reduced quotas for women on provincial councils from 25 percent to 20 percent and eliminated women’s quotas entirely for district and village councils. Neither district nor village councils had been established by year’s end.

As did their male counterparts, women active in government and politics continued to face threats and violence and were the targets of attacks by the Taliban and other insurgent groups. In July the director of women’s affairs in Ghazni Province was attacked. She escaped unharmed, but another government employee was killed. Most female parliamentarians reportedly experienced some kind of threat or intimidation, and many believed the state could not or would not protect them.

No laws prevent minorities from participating in political life, although different ethnic groups complained they did not have equal access to local government jobs in provinces where they were in the minority. Individuals from the majority Pashtun ethnic group had more seats than any other ethnic group in both houses of parliament but did not have more than 50 percent of the seats. There was no evidence specific societal groups were excluded.

The law provides criminal penalties for corruption by officials. The government did not implement the law effectively or evenly, and there were reports officials frequently engaged in corrupt practices with impunity.

Reports indicated corruption remained endemic throughout society, and flows of money from the military, international donors, and the drug trade continued to exacerbate the problem. According to public opinion surveys, many citizens believed the government had not been effective in combating corruption. Corruption and uneven governance continued to play a significant role in allowing the Taliban to exert influence and control some areas in the southern, eastern, and some northern provinces, particularly in remote areas.

According to prisoners and local NGOs, corruption was widespread across the justice system, particularly in connection with the prosecution of criminal cases and in arranging release from prison. There were also reports that officials received unauthorized payments in exchange for reducing prison sentences, halting an investigation, or dismissing charges outright. The practice of filing criminal complaints in what would ordinarily be civil matters was commonly used to settle business disputes or extort money from wealthy international investors.

During the year there were reports of “land grabbing” by both private and public actors. The most common type occurred when businesses illegally obtained property deeds from corrupt officials and sold the deeds to unsuspecting “homeowners,” who would then be caught up in criminal prosecutions. Other reports indicated government officials grabbed land without compensation to exchange it for contracts or political favors. Occasionally provincial governments illegally confiscated land without due process or compensation to build public facilities.

Corruption: In June the president signed a decree establishing an independent Anti-Corruption Justice Center with responsibility for prosecuting high-level corruption cases. With collaboration from the Supreme Court, AGO, and Major Crimes Task Force, prosecutors and primary and appellate court judges were assigned to the court, and work began on a permanent facility at Camp Heath. The anticorruption center began trying its first cases on November 12 in temporary facilities. In its first case, a senior-level AGO Military Department prosecutor was convicted for accepting a 43,500 Afghani ($750) bribe and sentenced to 2.5 years in prison and a 43,500 Afghani ($750) fine. In a second case, the deputy branch manager of Azizi Bank in Kandahar was convicted on four separate counts of embezzlement and forgery totaling 8.8 million Afghanis ($152,000), and he was sentenced to imprisonment for 10 years and four months. International media and observers attended the proceedings and reported the trials were procedurally fair, orderly, and professional.

Provincial police sometimes engaged in corruption at police checkpoints and from the narcotics industry. ANP officers reportedly paid higher-level Ministry of Interior officials for their positions and promotions. The justice system rarely pursued corruption cases, especially if they involved police. The ministry continued to be affected by allegations of widespread corruption, poor performance, and abuse of power by officers.

In addition to impunity, low salaries in the public sector and security forces exacerbated corruption by officials. The international community worked with the national and provincial governance structures to address the problem of low salaries, but implementation of grade reform remained slow.

Police reportedly demanded bribes from civilians to gain release from prison or avoid arrest. Citizens bribed corrections and detention officials to obtain release of prisoners who were not discharged at the end of their sentences.

Governors with reported involvement in corruption, the drug trade, or records of human rights violations reportedly continued to receive executive appointments and served with relative impunity.

Financial Disclosure: The High Office of Oversight is responsible for collecting information from senior government officials on all sources and levels of personal income. The office verifies and publishes online and in mass media the personal asset declarations of the most senior officials when they assume office and when they leave. While collection and publication occurred, some officials failed to submit the required reports, and there was only limited progress on the verification of such declarations by independent experts. The absence of legal penalties for omissions or misrepresentations tended to undermine this key tool for identifying wrongdoing.

Public Access to Information: The constitution and law provide citizens the right to access government information, except when access might violate the rights of others. Access to information from official sources continued to be limited due to a lack of clarity regarding citizens’ rights and a lack of transparency among government institutions. NGOs and human rights organizations said the 2014 law on access to information had not yet been fully implemented, and some government officials reportedly failed to disclose information of public interest in an adequate manner. Observers noted concern about some provisions of the law authorities can use to withhold information for national security reasons. NGOs continued to point out that the lack of clear definitions for terms such as national security and national interest could seriously affect and limit access to information. On October 16, President Ghani issued a decree asking government officials not to delay access to information to media and to categorize information properly.

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. While government officials were somewhat cooperative and responsive to their views, there were cases in which government officials intimidated human rights groups. Human rights activists continued to express concern that war criminals and human rights abusers remained in positions of power within the government.

Government Human Rights Bodies: The constitutionally mandated AIHRC continued to address human rights problems, but it received minimal government funding and relied almost exclusively on international donor funds.

Three Wolesi Jirga committees deal with human rights: the Gender, Civil Society, and Human Rights Committee; the Counternarcotics, Intoxicating Items, and Ethical Abuse Committee; and the Judicial, Administrative Reform, and Anticorruption Committee. In the Meshrano Jirga, the Committee for Gender and Civil Society addresses human rights concerns.

Women

Rape and Domestic Violence: The EVAW law criminalizes violence against women, including rape, battery, or beating; forced marriage; humiliation; intimidation; and deprivation of inheritance, although its implementation remained limited. The law provides for a sentence of 16 to 20 years’ imprisonment for rape. If the act results in the death of the victim, the law provides for a death sentence for the perpetrator. The law provides for imprisonment of up to seven years for the “violation of chastity of a woman…that does not result in adultery (such as sexual touching).” Under the law, rape does not include spousal rape. The law was not widely understood, and some in the public and the religious communities deemed the law un-Islamic. Many authorities lacked the political will to implement the law and failed to enforce it fully.

The AIHRC reported 2,621 cases of violence against women from January through August, including nine killings, 79 cases of sexual violence, 34 sexual harassment cases, 733 beatings, and 44 forced engagements or marriages. Because of the security situation in the country, large numbers of violent crimes committed against women were unreported. In addition to AIHRC’s report, the Ministry of Women’s Affairs also reported 1,465 cases of violence against women within the first six months of the year, with Ghor, Baghlan, Badakshan, Nargarhar, Takhar, and Balkh Provinces showing the highest numbers.

The AGO operated 33 EVAW prosecution units in 33 provinces. In March the AGO held its second national meeting of EVAW prosecutors to facilitate communication between different provincial EVAW units and identify common issues. According to a January report by the Research Institute for Women Peace and Security, a domestic NGO, and the Chr. Michelsen Institute, of 2,958 cases registered with EVAW units in eight provinces studied, 792 or 27 percent resulted in indictments, and of these, 59 percent led to convictions. Among indicted cases, the conviction rate was highest for rape, with 73 percent of indictments leading to a conviction (41 percent of all registered rape cases resulted in convictions).

From March 2014 to March 2015, the government reported 4,541 registered cases of violence against women, with 3,038 registered under the EVAW law. The Ministry of Women’s Affairs, Ministry of Interior, and AGO also registered 1,179 cases of divorce, separation, annulment of engagements, alimony, and child custody, which may or may not have stemmed from domestic violence, bringing the total number of registered cases to 5,720.

Pajhwork News released a report on the role of mediation outside the formal justice system in cases of violence against women. Because mediation takes place at the community level, the male-driven process restricted the reporting of violence against women cases. The same report showed a compilation of data of more than 21,000 of cases of violence against women over the last six years alone. Nearly 70 percent of the cases were registered with the Ministry of Women’s Affairs and the police, but only an estimated 5 percent made it to the courts.

Prosecutors and judges in some remote provinces were unaware of the EVAW law, and others were subject to community pressure to release defendants due to familial loyalties, threat of harm, or bribes. Reports indicated men accused of rape often claimed the victim agreed to consensual sex, leading to zina charges against the victim, or perpetrators made false claims of marriage to the victim.

Rapes were difficult to document due to social stigma. Male victims seldom came forward due to fear of retribution or additional exploitation by authorities, but peer sexual abuse was reportedly common. Female victims faced stringent societal reprisal, ranging from being deemed unfit for marriage to being imprisoned for sexual conduct outside of marriage, or became victims of extrajudicial killing.

According to the 2016 Asia Foundation’sAnnual Survey of the Afghan People, only 23.8 percent of women surveyed knew of an organization, institution, or authority in their area where women could go to have their problems resolved. Forced virginity testing remains legal, and police, prosecutors, and judges frequently ordered virginity tests in cases where women or girls were accused of “moral crimes” such as zina. Women who sought assistance in cases of rape often became subjects of virginity tests and in some instances had their cases converted into adultery cases. According to a September 2015 AIHRC report on forced gynecological exams, 48 of 53 female prisoners interviewed had been subjected to virginity tests, and of these, 20 said they had been tested more than once. The AIHRC publicly condemned virginity testing, citing that the practice had no scientific basis and that performing medical tests without the patient’s consent is a violation of the right to freedom and human dignity. Interpretations of sharia also impeded successful prosecution of rape cases.

In February media reported a group of armed kidnappers in Kapisa Province took a 10-year-old from her family’s home and married her to one of the group leaders’ son, a 30-year-old man. In July media reported that family members of a 15-year-old girl in Baghlan Province killed her and a 17-year-old male after accusing them of committing zina. In April a group of armed men gang-raped an 18-year-old in her home in Balkh Province.

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

Police response to domestic violence was limited, in part due to low reporting, sympathy toward perpetrators, and limited protection for victims. Some police and judicial officials were unaware or unconvinced that rape was a serious criminal offense, and investigating rape cases was generally not a priority. Even in instances in which justice officials took rape seriously, some cases reportedly did not proceed due to bribery, family or tribal pressure, or other interference during the process. The AIHRC’s 2013 report on rape and honor killing asserted that one-third of cases on rape and honor killings were addressed in accordance with the law. In its study the AIHRC found that 35 percent of rape and honors killings were not appropriately prosecuted. The AIHRC and NGOs contended that due to societal acceptance of the practice, most cases were unreported and never reached prosecutors.

According to the AIHRC, more than 2,579 cases of violence against women were reported between March and September 2015. The AIHRC noted that the majority of reports concerned verbal and psychological violence and noted an increase in the number of reported cases from the same period the previous year. The Ministry of Women’s Affairs reported that up to 600 cases of violence against women were registered in the first three months of the year, the majority of which involved physical violence. Accurate statistics on the extent of violence against women, however, were difficult to obtain. The most recent research done on the prevalence of violence against women (as opposed to reported cases) was conducted by Global Rights and published in 2008. According to that report, 87 percent of women had experienced some form of physical, sexual, or psychological violence in their lives, and 62 percent had experienced more than one type of violence.

Most women did not seek legal assistance for domestic or sexual abuse because they did not know their rights or because they feared prosecution or return to their family or the perpetrator. Women sometimes practiced self-immolation, and the Ministry of Women’s Affairs reported there continued to be cases of suicide as a result of domestic violence. Women continued to turn to NGO-run women’s protection centers (women’s shelters) and associated family guidance centers for assistance, and according to UNAMA’s April 2015 report on women’s access to justice, victims particularly valued the physical protection afforded by these centers, which often represented the only safe refuge for women. According to NGOs that ran women’s protection centers countrywide, police continued to make up the most significant source of referrals, likely reflecting improved ANP training and awareness.

Space at the 28 women’s protection centers across the country was sometimes insufficient, particularly in major urban centers, and shelters remained concentrated in the western, northern, and central regions of the country. Women who could not be reunited with their families or who were unmarried were generally compelled to remain in protection centers indefinitely, because “unaccompanied” women were not commonly accepted in society. The difficulty of finding durable solutions for women compelled to stay in protection centers was compounded by societal attitudes toward the shelters as centers of prostitution, the belief that “running away from home” was a serious violation of social mores, and the continued victimization of women who were raped but perceived by society as adulterers.

Women in need of protection who could not find it often ended up in prison, either due to a lack of a protection center in their province or district, or based on local interpretation of “running away” as a moral crime. Adultery, fornication, and kidnapping are crimes under the law. Women often were convicted of those crimes in situations of abuse, rape, or forced marriage, or on the basis of invalid evidence, including virginity tests. Running away is not a crime under the law, and both the Supreme Court and AGO issued directives to this effect, but women and girls continued to be detained for running away from home or “attempted zina.” As of November 30, approximately 51 percent of female prisoners were incarcerated for moral crimes, according to GDPDC records.

The Ministry of Women’s Affairs, as well as nongovernmental entities, sometimes arranged marriages for women who could not return to their families.

Police units charged with addressing violence against women, children, and families, included female officers. Although trained to help victims of domestic violence, the officers were hindered by instructions to wait for victims to take the initiative and reach out to them.

Other Harmful Traditional Practices: The EVAW law criminalizes forced, underage, and “baad” marriages (the practice of settling disputes in which the culprit’s family trades a girl to the victim’s family to settle a dispute) and interference with a woman’s right to choose her spouse. According to the United Nations and Human Rights Watch, an estimated 70 percent of marriages were forced. Despite laws banning the practice, many brides continued to be younger than the legal marriage age of 16 (or 15 with a guardian’s and a court’s approval). Some local media reported an increase in child marriages during the year, although it was unclear whether this reflected an actual increase in the practice or rather an increase in reports. A 2014 AIHRC survey found more than 7 percent of respondents reported their daughters were married before the age of 16. Very few marriages were legally registered with the state, leaving forced marriages outside of legal control.

Violence against women is also often a driving factor in cases of suicide and self-immolation. Under the penal code, a man convicted of honor killing after finding his wife committing adultery cannot be sentenced to more than two years’ imprisonment. Honor killings continued, although accurate statistics were difficult to obtain. In July a 14-year-old pregnant girl in Ghor Province died in a local hospital after being burned alive in an honor killing by her husband and his family. When the girl’s father reported the harassment and violence his daughter had suffered to the police, local authorities dismissed him and suggested he should settle the differences with the girl’s in-laws. There were reports of summary justice by the Taliban and other antigovernment elements that resulted in extrajudicial executions. In June a woman in Ghor Province was abducted and shot after cancelling her engagement, and in July the Taliban publicly executed a 19-year-old woman in Sar-e-Pul Province for running away from home after a domestic dispute. UNAMA reported that the Taliban lashed a woman in the Sha Joy district of Zabul Province, citing adultery.

Sexual Harassment: The EVAW law criminalizes harassment and persecution of women but does not define these terms. A Regulation on Prohibition of Women’s Sexual Harassment entered into effect in October 2015, when it was published in the official gazette. The regulation, which was adopted pursuant to the EVAW law, defines harassment against women and establishes and identifies mechanisms for complaint and redress. Women who walked outside alone or who worked outside the home often experienced abuse or harassment, including groping, or they were followed on the streets in urban areas. Women who took on public roles that challenged gender stereotypes (such as lawmakers, political leaders, NGO leaders, police officers, and news broadcasters) continued to be intimidated by conservative elements and received death threats directed at them or their families. NGOs reported violence, including killings, against women working in the public and nonprofit sectors and initiated awareness-raising campaigns to mobilize groups against harassment. Female members of the ANP reported harassment by their male counterparts, and there were reports that female ANP members and their families experienced intimidation and discrimination within their communities. In May a group of female social activists launched a website to help women register and report incidents of violence and seek advice on how to resolve their issues.

Reproductive Rights: Women generally exercised little decision-making authority regarding marriage, the timing, and number of pregnancies, birthing practices, and child education. Couples were free from government discrimination, coercion, and violence to decide the number, spacing, and timing of their children, although family and community pressures to reproduce, the high prevalence of child and early marriages, and lack of accurate biological knowledge limited their ability to do so. Women could expect to bear on average 5.1 children in their lifetimes. Oral contraceptives, intrauterine devices, injectable contraceptives, and condoms were available commercially and were provided at no cost in public health facilities and at subsidized rates in private health facilities and through community health workers. The UN Population Fund estimated that 23 percent of women of reproductive age used a modern method of contraception. Between January and August, the AIHRC registered eight cases of forced abortion from women and girls.

According to the World Health Organization’s, UN’s, and World Bank’sTrends in Maternal Mortality Report: 1990-2013, the maternal mortality rate in 2013 was 400 deaths per 100,000 live births. This represented a two-thirds reduction in maternal mortality since 1995. Early marriage and pregnancy put girls at greater risk for premature labor, complications during delivery, and death in childbirth. Postpartum hemorrhage and obstructed labor were key causes of maternal mortality. Only 34 percent of births were attended by a skilled health practitioner, and only 21 percent of girls and women between the ages of 15 and 49 used a modern form of contraception.

Discrimination: Women who reported cases of abuse or who sought legal redress for other matters reported they experienced discrimination within the judicial system. Some observers, including female judges, asserted that discrimination was a result of faulty implementation of law and cultural nuances, rather than the law itself. A woman’s limited access to money and other resources to pay fines (or bribes) and the social requirement for women to have a male guardian affected their access to and participation in the justice system. Local practices were discriminatory against women in some areas, particularly in parts of the country where courts were not functional or knowledge of the law was minimal. Judges in some remote districts acknowledged wide influence by tribal authorities in preempting cases from the formal justice system. In August 2015 a man beheaded his wife in Baghlan Province after she sought a divorce from a local court.

In the informal system, elders relied on interpretations of sharia and tribal customs, which generally discriminated against women. Many women reported limited access to justice in male-dominated tribal shuras, where proceedings focused on reconciliation with the community and family rather than the rights of the individual. Women in some villages were not allowed any access to dispute resolution mechanisms. Lack of awareness of their legal rights and illiteracy also limited women’s ability to access justice. Women’s advocacy groups reported in some cases that the government intervened informally with local courts to encourage them to interpret laws in ways favorable to women. Many cases in remote districts, however, reportedly were resolved according to the local police officer’s or prosecutor’s discretion or interpretation of the law. When legal authorities were aware of the EVAW law and its implementation, women were in some cases able to get appropriate assistance. Prosecutors in some provinces, however, continued to be reluctant to use the EVAW law. Moreover, in cases in which prosecutors brought charges under the EVAW law, judges would sometimes replace those charges with others based on the penal code.

Police, prosecutors, and judges discriminated against women in criminal and civil legal proceedings stemming from violence and forced marriages. Enhanced availability of legal aid, including through female attorneys, provided some relief in formal justice system proceedings.

Cultural prohibitions limiting women’s movement prevented many women from working outside the home and reduced their access to education, health care, police protection, and other social services. In December the head of the council of religious scholars (Ulema Council) in Takhar Province declared women were the “most shameful” persons. He was fired immediately after his statement.

The law provides for equal work without discrimination, but there are no provisions for equal pay for equal work. The EVAW law criminalizes interference with a woman’s right to work. Women faced discrimination in access to employment and terms of occupation. Some educated urban women found substantive work, but many were relegated to menial tasks in the workplace, regardless of qualification. There were 2,834 female police officers as of September 2015, including those in training, constituting less than 2 percent of the total police force. While the government made efforts to recruit additional female police officers, cultural customs and discrimination rendered recruitment and retention difficult. Women in high-profile positions of government service continued to be subjected to threats and violence.

The Ministry of Women’s Affairs and NGOs promoted women’s rights and freedoms. According to the AIHRC, many women in the civil service did not meet the minimum qualification of a bachelor’s degree imposed by the priority reform and restructuring system. The women’s ministry, the primary government agency responsible for addressing gender policy and the needs of women, had offices in all provinces and established gender units in all ministries. Gender units at lower ranks, however, lacked major influence, and men typically dominated their leadership positions. Although the ministry’s provincial offices assisted hundreds of women by providing legal and family counseling and referring women, they could not directly assist relevant organizations. The ministry and provincial line directorates suffered from a lack of capacity and resources.

Despite improvements in health over the past decade, the overall health of women and children remained poor, particularly among nomadic and rural populations and those in insecure areas. As with men, women’s life expectancy was 64 years of age. Rural women suffered disproportionately from insufficient numbers of skilled health personnel, particularly female health workers.

Compared to men, women and children were disproportionately victims of preventable deaths due to communicable diseases. Although free health services were provided in public facilities, many households could not afford certain costs related to medicines or transportation to health-care facilities, and many women were not permitted to travel to health-care facilities on their own.

Children

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

Education: Education is mandatory up to the lower secondary level (six years for primary school and three years for lower secondary), and the law provides for free education up to and including the college level. Many children, however, did not attend school.

According to UNICEF’s April report on health care and education, 369 schools closed in 2015, and 139,000 children were out of school. Military operations and increased levels of violence impeded children’s access to education. Use of school buildings by both ANDSF and militants also affected children’s ability to attend school, especially for young girls. On June 4 and July 4, the Ministry of Education issued two directives asking security forces to stop using schools for military purposes.

In most regions boys and girls attended primary classes together but were separated for intermediate and secondary education. According to a statement by the Ministry of Education on December 18, of the country’s nine million registered schoolchildren, 24 percent did not attend school. The ministry estimated 3.5 million schoolchildren, or 39 percent, were girls. Many students were not enrolled full-time or dropped out early.

According to theEducation for All 2015 National Review Report: Afghanistan, in 2013 the gross enrollment rate for girls as a percentage of total enrollment was approximately 41 percent at the primary level, 36 percent at the lower secondary level, and 35 percent at the upper secondary level. According to the same report, the literacy rate for girls and women 15 to 24 years of age was 32 percent as of 2012.

The status of girls and women in education was a matter of grave concern. Key obstacles to girls’ education included poverty, early and forced marriage, insecurity, lack of family support, lack of female teachers, and the long distance to school. Former president Karzai’s 2012 Decree on Governance and Corruption addressed the lack of female teachers, particularly in conservative rural areas, by charging the Education Ministry with recruiting an additional 11,000 teachers and increasing the number of district-level teacher training support centers to provide training opportunities for female teachers. According to the ministry, there were 202,336 teachers in public schools, and 33 percent of them were women as of November. There were 20,337 teachers in private schools, and 52 percent were women.

Violent attacks on schoolchildren, particularly girls, also hindered access to education. Violence impeded access to education in various sections of the country, particularly in areas controlled by the Taliban. The Taliban and other extremists threatened and attacked school officials, teachers, and students, particularly girls, and burned both boys’ and girls’ schools. Between January and June, UNAMA documented 25 incidents of threat and intimidation targeting schools, students, or schools staff. According to reports submitted to UNAMA, on January 7, 15 masked men entered a girls’ high school in Jowzjan Province and warned that female students over 12 must wear burqas. Following the threat, the school’s principal imposed a requirement for all girls over 12 to wear burqas. On April 13, in an attack by Taliban forces in Laghman Province, Taliban insurgents attacked Besram high school near the provincial capital of Mehtar Lam City, leaving two students dead and three students injured when stray bullets hit the school. On April 20, a headmaster in Khwaja Bahauddin district of Takhar Province was killed by a stray bullet in front of his students.

Insecurity, conservative attitudes, and poverty denied education to millions of school-age children, mainly in the southern and southeastern provinces. A representative from the Ministry of Education estimated in November that 140,000 schoolchildren in insecure areas did not have access to education. There were also reports of abduction and molestation. The lack of community-based, nearby schools was another factor inhibiting school attendance.

Child Abuse: NGOs reported increased numbers of child abuse victims during the year, and the problem remained endemic throughout the country. Such abuse included general neglect, physical abuse, sexual abuse, abandonment, and confined forced labor to pay off family debts. Police reportedly beat and sexually abused children; for instance, Agence France-Presse reported a case of a 13-year-old boy kidnapped by a police commander in southern Helmand. NGOs reported a predominantly punitive and retributive approach to juvenile justice throughout the country. Although it is against the law, corporal punishment in schools, rehabilitation centers, and other public institutions remained common.

Sexual abuse of children was pervasive. NGOs noted girls were more frequently abused by extended family members, while boys were more frequently abused by men outside their families. In November a five-year-old girl in Baghlan Province was allegedly raped by relatives of her older sister’s fiance after her sister ran off with another man. There were reports religious figures sexually abused both boys and girls. NGOs noted families often were complicit, allowing local strongmen to abuse their children in exchange for status or money. The Ministry of Interior tracked cases of rape, but most NGOs and observers estimated the official numbers significantly underreported the phenomenon. Many perpetrators of child sexual abuse were not arrested, and there were reports security officials and those connected to the ANP raped children with impunity. The practice continued of bacha baazi (dancing boys), which involved powerful or wealthy local figures and businessmen sexually abusing young boys trained to dance in female clothes. Reports of the practice increased since 2001.

There were multiple reports and press articles on the rape of young boys who were forcibly kept as bachas. After a June 15 article the Agence France-Presse published on Taliban forces using bacha baazi to infiltrate and carry out attacks against Afghan security forces, President Ghani ordered an investigation of sexual abuse cases in the security forces. The President’s Office stated that anyone, regardless of rank, found guilty of engaging in bacha baazi would be prosecuted. The government did not release a report on the investigation. At year’s end no known prosecutions of perpetrators in the security forces had taken place.

A September 2015 article in theNew York Timesdocumented the practice of bacha baazi by progovernment forces in Kunduz Province. Following the report, the Ministries of Interior and Defense and the President’s Office issued statements condemning the practice. The president also ordered the creation of a working committee, including the AIHRC, Interior Ministry, and AGO, to investigate and monitor cases of abuse and create a mechanism to prevent and prosecute perpetrators. There were no reports on the progress of the committee.

The government took few other steps to discourage the abuse of boys or to prosecute or punish those involved. On December 12, President Ghani signed a new trafficking-in-persons law, which includes legal provisions criminalizing behaviors associated with the sexual exploitation of children. In 2014 the AIHRC released its national inquiry on bacha baazi. The report asserted bacha baazi was a form of trafficking already criminalized and called on the government to enforce the law actively. It attributed the root causes of the practice to lack of rule of law, corruption, gaps in the law, poverty, insecurity, and the existence of armed insurgent groups. The report noted the serious psychological and physical harm victims faced and called on the government to provide protective services to victims.

Early and Forced Marriage: Despite a law setting the legal minimum age for marriage at 16 (15 with the consent of a parent or guardian and the court) for girls and 18 for boys, international and local observers continued to report widespread early marriage. A 2014 survey by the Ministry of Public Health showed 53 percent of all women ages 25-49 married by age 18 and 21 percent by age 15. According to the Central Statistics Organization of Afghanistan, 17 percent of girls ages 15 to 19 were married. During the EVAW law debate, conservative politicians publicly stated it was un-Islamic to ban the marriage of girls younger than 16. Under the EVAW law, those who arrange forced or underage marriages may be sentenced to imprisonment for not less than two years, but implementation of the law was limited. The Law on Marriage states marriage of a minor may be conducted with a guardian’s consent.

By law a marriage contract requires verification that the bride is 16 years of age (or 15 with the permission of her parents or a court), but only a small fraction of the population had birth certificates. Following custom, some poor families pledged their daughters to marry in exchange for “bride money,” although the practice is illegal. According to local NGOs, some girls as young as six or seven were promised in marriage, with the understanding the actual marriage would be delayed until the child reached puberty. Reports indicated, however, that this delay was rarely observed and that young girls were sexually violated by the groom or by older men in the family, particularly if the groom was also a child. Media reports also noted the “opium bride” phenomenon, in which farming families married off their daughters to settle debts to opium traffickers.

There were multiple media reports of girls given in baad or sold. In July an elderly mullah was arrested in Ghor Province for marrying a six-year-old girl. The girl’s father was also arrested after the mullah claimed that he was given the girl as a religious offering in exchange for prayers and a few goods. In August an 18-year-old woman in Badghis Province was beheaded by her husband’s family after asking for a divorce. The victim was only three years old when her father arranged her engagement to a local boy.

Other Harmful Traditional Practices: Girls under age 18 continued to be at risk for honor killings for perceived sexual relations outside of marriage, running away, not accepting a forced marriage, or being a victim of sexual assault. In July 2015 media reported family members of a 15-year-old girl in Baghlan Province shot and killed her and a 17-year-old boy after the two returned home following an elopement.

Sexual Exploitation of Children: Although p*rnography is a crime, child p*rnography is not specifically identified under the law. Exploiting a child for sexual purposes, often associated with bacha baazi, was widespread, although some aspects of this practice are separate crimes under the penal code.

Child Soldiers: In February the Law on Prohibition of Children’s Recruitment in the Military became effective. There were reports the ANDSF and progovernment militias used children for specific purposes in a limited number of cases, and the Taliban and other antigovernment elements recruited children for military purposes (see section 1.g.). Media reported that local progovernment commanders recruited children under 16 years of age. These children participated in military operations against the Taliban in the Baharak district of Badakhshan. UNAMA documented 15 incidents of recruitment and use of children by pro- and antigovernment groups. Taliban trained at least three boys, including a nine-year-old boy with mental disability, for suicide attacks in Kandahar and Nangarhar.

Displaced Children: The Ministry of Labor, Social Affairs, Martyrs, and Disabled and the AIHRC continued to estimate the number of street children in the country at six million, but the National Census Directorate had not conducted a recent survey. Street children had little or no access to government services, although several NGOs provided access to basic needs, such as shelter and food.

Institutionalized Children: Living conditions for children in orphanages were poor. The social affairs ministry oversaw 84 Child Protection Action Network centers and 78 residential orphanages, which were designed to provide vocational training to children from destitute families. Of these, 30 were privately funded orphanages and 48 were government-funded centers operated by NGOs by agreement with the ministry. NGOs reported up to 80 percent of children between ages four and 18 years in the orphanages were not orphans but came from families that could not provide food, shelter, or schooling. Children in orphanages reported mental, physical, and sexual abuse and occasionally were subjected to trafficking. They did not have regular access to running water, heating in winter, indoor plumbing, health services, recreational facilities, or 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’sAnnual Report on International Parental Child Abductionattravel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

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

Trafficking in Persons

See the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution prohibits any kind of discrimination against citizens and requires the state to assist persons with disabilities and to protect their rights, including the rights to health care and financial protection. The constitution also requires the state to adopt measures to reintegrate and provide for the active participation in society of persons with disabilities. The Law on the Rights and Benefits of Disabled Persons provides for equal rights to, and the active participation of, such persons in society. The Ministry of Labor, Social Affairs, Martyrs, and Disabled continued to implement a five-year national action plan through a memorandum of understanding with the Ministry of Information and Culture and the Ministry of Education to implement public awareness programs on the rights of persons with disabilities through national media and to provide scholarships for students with disabilities. There were reports the information ministry was not cooperative regarding implementation of the memorandum of understanding.

During the year there were approximately 80,000 persons with disabilities registered with the ministry who received financial support from the government. Persons with 30 to 60 percent disability received an annual payment of 26,100 Afghanis ($450), and persons with more than 60 percent disability received a total of 52,200 Afghanis ($900) annually.

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

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

Persons with disabilities faced barriers such as limited access to educational opportunities, inability to access government buildings, lack of economic opportunities, and social exclusion. NGOs reported persons with disabilities faced difficulties accessing the majority of public buildings, including government ministries, health clinics, and hospitals. Society and even their own families mistreated persons with disabilities, since there was a common perception persons had disabilities because they or their parents had “offended God.”

In the Meshrano Jirga, authorities reserved two of the presidentially appointed seats for persons with disabilities.

National/Racial/Ethnic Minorities

Ethnic tensions between various groups continued to result in conflict and killings.

Societal discrimination against Shia Hazaras continued along class, race, and religious lines in the form of extortion of money through illegal taxation, forced recruitment and forced labor, physical abuse, and detention. According to NGOs, the government frequently assigned Hazara ANP officers to symbolic positions with little authority within the Ministry of Interior. NGOs also reported Hazara ANSF officers were more likely than non-Hazara officers to be posted to insecure areas of the country.

Multiple kidnappings of Hazara were reported in several provinces, including Ghazni, Zabul, and Baghlan. The abductors reportedly shot, beheaded, ransomed, or released the kidnapping victims. In February 2015 unidentified gunmen abducted 31 Hazara men from a bus in Zabul Province. The abductors released 19 of the men in May and eight others in November. Four of the hostages remained unaccounted for at year’s end.

Sikhs and Hindus faced discrimination, reporting unequal access to government jobs and harassment in school, as well as verbal and physical abuse in public places. According to the Sikh and Hindu Council of Afghanistan, there were approximately 900 members of the Sikh and Hindu community in the country.

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

The law criminalizes consensual same-sex sexual conduct, and there were reports that harassment, violence, and detentions by police continued. NGOs reported police arrested, detained, robbed, and raped gay men. The law does not prohibit discrimination or harassment based on sexual orientation or gender identity.

hom*osexuality was widely seen as taboo and indecent. Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community did not have access to certain health services and could be fired from their jobs because of their sexual orientation. Organizations devoted to protecting the freedom of LGBTI persons remained underground because they could not be legally registered. Members of the LGBTI community reported they continued to face discrimination, assault, rape, and arrest.

HIV and AIDS Social Stigma

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

a. Freedom of Association and the Right to Collective Bargaining

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

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

The government allowed several unions to operate without interference or political influence. Freedom of association and the right to bargain collectively were generally respected, but most workers were not aware of these rights. This was particularly true of workers in rural areas or the agricultural sector, who had not formed unions. In urban areas the majority of workers participated in the informal sector as day laborers in construction, where there were neither unions nor collective bargaining.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law prescribes penalties, including a “maximum term” of imprisonment for forced labor (between eight and 15 years). Article 515 of the penal code also could be interpreted to criminalize a “foreign party’s” coercive labor practices through fraud or deceit, with a penalty of five to 15 years’ imprisonment.

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

Forced labor occurred. Men, women, and children were forced into poppy cultivation, domestic work, carpet weaving, brick kiln work, organized begging, and drug trafficking. NGO reports documented the practice of bonded labor, whereby customs allow families to force men, women, and children to work as a means to pay off debt or to settle grievances. The debt can continue from generation to generation, with children forced to work to pay off their parents’ debt (see section 7.c.). Labor violations against migrant workers were common, especially the widespread practice of bonded labor in brick kiln facilities.

Also see the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The labor law sets the minimum age for employment at 18 but permits 14-year-olds to work as apprentices, allows children who are 15 and older to do “light work,” and permits children 16 and 17 to work up to 35 hours per week. Children under age 14 are prohibited from working under any circ*mstances. The law prohibits the employment of children in work likely to threaten their health or cause disability, including mining, begging, and garbage collection; work in blast furnaces, waste-processing plants, and large slaughterhouses; work with hospital waste; drug-related work; security guard services; and work related to war.

The government lacked a specific policy on implementing the law’s provisions on child labor. Poor institutional capacity was a serious impediment to effective enforcement of the labor law. Deficiencies included inadequate resources, inspections, remediation, and penalties for violations, and the government made minimal efforts to prevent child labor or remove children from exploitative labor conditions. Reports estimated that fewer than 10 percent of children had formal birth registrations, which further limited authorities’ already weak capacity to enforce laws on the minimum age of employment.

Child labor remained a pervasive problem. The Ministry of Labor declined to estimate the number of working children, citing a lack of data and deficiencies in birth registrations.

Child laborers worked as domestic servants, street vendors, peddlers, and shopkeepers, and in carpet weaving, brick making, the coal industry, and poppy harvesting. Children were also heavily engaged in the worst forms of child labor in agriculture, mining (especially family-owned gem mines), commercial sexual exploitation (see section 6, Children), transnational drug smuggling, and organized begging rings. Some forms of child labor exposed children to land mines. Children faced numerous health and safety risks at work, and there were reports children were exposed to sexual abuse by adult workers. There were reports of recruitment of juveniles by the ANDSF during the year. Taliban forces pressed children to take part in hostile acts (see section 6, Children).

Also see the Department of Labor’sFindings on the Worst Forms of Child Laboratwww.dol.gov/ilab/reports/child-labor/findings/.

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination and notes that citizens, both “man and woman,” have equal rights and duties before the law. It expressly prohibits discrimination based on language. The constitution contains no specific provisions addressing discrimination based on race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, HIV-positive status, or other communicable diseases. The penal code prescribes a term of imprisonment of not more than two years for anyone convicted of spreading discrimination or factionalism.

Women continued to face discrimination and hardship in the workplace. Women made up only 7 percent of the workforce. According to the 2016 Asia Foundation survey, 74 percent of the population agreed that women should be allowed to work outside the home; nonetheless, only 9.4 percent of women in the survey said they were involved in any activity that involved making money. Many women faced pressure from relatives to stay at home and encountered hiring practices that favored men. Older and married women reported it was more difficult for them than for younger, single women to find jobs. Women who worked reported they encountered insults, sexual harassment, lack of transportation, and an absence of day-care facilities. Salary discrimination existed in the private sector. Female journalists, social workers, and police officers reported they were often threatened or abused.

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

e. Acceptable Conditions of Work

The minimum wage for permanent government workers was 6,000 Afghanis ($103) per month. There was no minimum wage for permanent workers in the private sector; but the minimum wage for workers in the nonpermanent private sector was 5,500 Afghanis ($95) per month. According to the Central Statistics Organization, 36 percent of the population earned wages below the poverty line of 1,150 Afghanis ($20) per month.

The law defines the standard workweek for both public- and private-sector employees as 40 hours: eight hours per day with one hour for lunch and noon prayers. The labor law makes no mention of day workers in the informal sector, leaving them completely unprotected. There are no occupational health and safety regulations or officially adopted standards. The law, however, provides for reduced standard workweeks for youth, pregnant women, nursing mothers, and miners and workers in other occupations that present health risks. The law provides workers with the right to receive wages, annual vacation time in addition to national holidays, compensation for on-the-job injuries, overtime pay, health insurance for the employee and immediate family members, and other incidental allowances. The law prohibits compulsory work and stipulates that overtime work be subject to the agreement of the employee. The law prohibits women and minors (ages 15 to 18) from engaging in physically challenging work, work that is harmful to health, and night work. The law also requires employers to provide day care and nurseries for children.

The government did not effectively enforce these laws. The labor ministry had only 18 inspectors for 34 provinces, and the inspectors had no legal authority to enter premises or impose penalties for violations. Resources, inspections, remediation, and penalties for violations were inadequate and insufficient to deter violations.

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

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. In 2015 the deaths of two individuals in detention raised public concern. In September 2015 several newspapers reported that Benchikh Aissa died in a Ghardaia prison. His lawyers said he suffered from depression, and prison officials refused to provide necessary health services. Afari Baaouchi died several weeks earlier in a Laghouat prison. Authorities arrested both detainees in July 2015 in the wake of the clashes between Mozabite Ibadi Muslims and Arab Sunni Maliki Muslims in Ghardaia. The Algerian League for the Defense of Human Rights (LADDH) called for an official investigation into the deaths, but no public information was available at year’s end on whether the government conducted investigations.

Some terrorist groups remained active in the country, including al-Qaida in the Islamic Maghreb and a Da’esh affiliate, Jund al-Khilafah, and attacked security services personnel. On April 15, terrorists killed four soldiers in Constantine Province. On August 6, an improvised explosive device killed four civilians in Khenchela Province. Da’esh (also known as the Islamic State of Iraq and the Levant) took credit for the October 28 killing of a police officer in Constantine. Terrorists reportedly killed two police officers and a civilian in a November 13 attack in Ain Defla.

b. Disappearance

There were no reports of politically motivated disappearances.

The government stated it was in discussion with the UN Human Rights Council Working Group on Enforced or Involuntary Disappearances regarding a visit to the country. The government regarded this as the next step to addressing cases of enforced or involuntary disappearances from the 1990s that the working group submitted to it in 2014.

Government officials declared there were 84 reported cases of child kidnapping in 2015 and 28 in the first half of 2016. Figures on total ransom payments were unavailable, since the government maintained a strict no-concessions policy with regard to individuals or groups holding its citizens hostage.

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

The law prohibits torture, but nongovernmental organizations (NGOs) and local human rights activists alleged that government officials sometimes employed torture and abusive treatment to obtain confessions. The government denied these charges. Government agents face prison sentences of between 10 and 20 years for committing such acts, and there were two convictions during the year. There were no other reported cases of prosecution of civil or military security service officials for torture or abusive treatment. Local and international NGOs asserted that impunity was a problem.

On May 12, the UN Human Rights Committee found the country to be in violation of article seven of the International Covenant on Civil and Political Rights, which prohibits torture and cruel, inhuman, or degrading treatment or punishment. The decision was based on the government’s failure to contest allegations made in the case of financial consultant Chani Medjoub, who was initially arrested in 2009 in connection with a corruption case and who alleged that members of the judicial police of the Intelligence and Security Department (DRS) tortured him.

On May 25, two police officers were convicted and sentenced to seven and 15 years in prison, respectively, following their May 2015 arrests for raping a woman during her detention in a police station.

In September, LADDH called for an investigation into reports that male police officers in Ain Benian, west of Algiers, forced a detained 29-year-old woman with developmental disabilities to undress in front of them in the local police station. The woman’s family reportedly filed a complaint with the local tribunal, but additional information was unavailable as of September.

The Surete Nationale (DGSN) stated that it did not receive any reports of abuse or misconduct from the public during the year. Information from the National Gendarmerie was not available.

Prison and Detention Center Conditions

Prison and detention center conditions generally met international standards.

A 2013 presidential decree dissolved the Central Bureau of the Judicial Police under the DRS, removing its authority to detain individuals and hold them in separate detention facilities. A 2014 presidential decree, however, reinstated this authority and permitted the DRS to manage prison facilities. A January 20 presidential decree dissolved the DRS and reorganized the intelligence services. The July 2015 amendment of the penal code prohibits police officers from detaining suspects in any facilities not designated for that purpose and declared to the local prosecutor, who has the right to visit such facilities at any time.

Physical Conditions: According to statistics provided in August, the Ministry of Justice’s General Directorate for Prison Administration and Resettlement (DGAPR) had responsibility for approximately 60,000 prisoners. Convicted terrorists had the same rights as other inmates but were held in prisons of varying degrees of security, determined by whether authorities considered the prisoners highly dangerous or of high, intermediate, or low risk.

The government used specific facilities for prisoners age 27 and younger. With support from the British, Canadian, and French governments, the DGAPR modernized its inmate classification system and maintained different categories of prisons that separated prisoners among facilities according to the general lengths of their sentences. Several detention facilities reportedly operated at 200 to 300 percent of capacity. Some observers, including government-appointed human rights officials, attributed overcrowding in pretrial detention facilities to “excessive use” of pretrial detention.

Authorities generally transferred pretrial detainees, after presenting them before the prosecutor, to prisons and did not hold them in separate detention facilities. In some prisons pretrial detainees were held in cellblocks separate from those that housed the general prison population.

Administration: No ombudsman existed to serve on behalf of prisoners or detainees. Prisoners may submit uncensored complaints to penitentiary administration, doctors, and their judge. It was unclear how frequently prison authorities collected the complaints or requests. Authorities permitted family members to visit prisoners in standard facilities weekly and to provide detainees with food and clothing, although the common practice of holding inmates in prisons very far from their families discouraged visits. In the majority of the prisons, nonfunctional telephones further exacerbated the difficulty for detainees to maintain regular contact with family.

Independent Monitoring: The government allowed the International Committee of the Red Cross (ICRC) and local human rights observers to visit regular prisons and detention centers. ICRC staff visited prisons, police and gendarme stations under the jurisdiction of the Ministry of Justice, and an administrative detention center operated by the Ministry of Interior. By September the ICRC had visited 32 detention facilities, representing approximately one-third of the total prison population. Delegates paid special attention to vulnerable detainees, including foreigners, women, minors, persons in solitary confinement, and individuals held for security reasons by police and gendarmes. The ICRC provided the government confidential feedback, when applicable, to help authorities improve detainee treatment and living conditions, reinforce respect for judicial protections, and expand access to health care. During the year the ICRC hosted training sessions on human rights–as they relate to arrest, detention, and interrogation procedures–for judicial police from the DGSN and National Gendarmerie and judges.

Improvements: Authorities improved prison conditions to meet international standards. The Ministry of Justice’s Directorate of Penal Affairs and Pardons announced that since 2010, the government opened 31 new detention centers. Of the new facilities, 10 were minimum-security centers that held prisoners in cells and permitted them to work. Intelligent camera systems were installed in some pretrial detention facilities to allow the DGSN to monitor conditions of detention.

d. Arbitrary Arrest or Detention

Overuse of pretrial detention remained a problem. Security forces routinely detained individuals who conducted activities against the order of the state such as protesting, striking, or rioting. Arrested individuals reported that authorities held them for four to eight hours before releasing them without charges.

ROLE OF THE POLICE AND SECURITY APPARATUS

The 130,000-member National Gendarmerie, which performs police functions outside of urban areas under the auspices of the Ministry of National Defense, and the approximately 210,000-member DGSN or national police, organized under the Ministry of Interior, share general responsibility for maintaining law and order. A January 20 presidential decree dissolved the DRS, which had been subordinate to the Ministry of National Defense. It was replaced by three intelligence directorates reporting to a presidential national security counselor and performing functions related specifically to internal, external, and technical security.

Impunity remained a problem. The law provides mechanisms to investigate abuses and corruption, but the government did not always provide public information on disciplinary or legal action against police, military, or other security force personnel. The DGSN conducted a two-week training session for police officers specifically focusing on human rights practices in September and another two-day training session in November.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

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

If authorities require time beyond the authorized 48-hour period for gathering additional evidence, they may extend a suspect’s authorized time in police detention with the prosecutor’s authorization in the following cases: once, if charges pertain to an attack on data processing systems; twice, if charges relate to state security; three times, for charges concerning drug trafficking, organized and transnational crime, money laundering, and other currency-related crimes; and five times (for a maximum of 12 days), for charges related to terrorism and other subversive activities. The law stipulates that detainees should immediately be able to contact a family member and receive a visit, or to contact an attorney. The 2015 report of the National Consultative Commission for the Promotion and Protection of Human Rights (CNCPPDH), a governmental human rights commission, criticized this provision for forcing detainees to choose between contacting their families and consulting an attorney.

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

In non-felony cases and in cases of individuals held on charges of terrorism and other subversive activities that exceed a 12-day period plus any authorized extension, the law calls for the release of suspects on provisional liberty, referred to as “judicial control,” while awaiting trial. Under provisional liberty status, authorities subjected suspects to requirements such as reporting periodically to the police station in their district, stopping professional activities related to the alleged offense committed, surrendering all travel documents required to leave the country, and, in some terrorism-related cases, residing at an agreed-upon address. The law provides that foreigners may be required to furnish bail as a condition of release on provisional liberty status.

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

Various press outlets reported that in October 2015 National Gendarmerie officers told a Cameroonian female migrant, who claimed a group of Algerian men assaulted and raped her, that they could not file charges because she was an illegal migrant. The victim reported that several hospitals refused to provide her treatment and to issue her a certificate documenting her sexual assault. After social media and local civil society organizations mobilized over the issue, authorities accepted her complaint and arrested two of the eight alleged actors. As of September the status of the investigation was not known.

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

On July 13, attorney and human rights activist Salah Debouz and six other activists were arrested at a cafe in Ghardaia and detained for eight hours for holding an unlawful gathering. The activists had been meeting near the local courthouse to discuss the case of one of Debouz’s clients. Debouz had also been arrested on February 6 during a meeting with labor union activists and subsequently released the same day.

Authorities arrested Youcef Ouled Dada in March 2014 for “harming a national institution” and “insulting a government body” when he posted a video on Facebook that captured three police officers engaged in looting during riots in the city of Ghardaia. In September 2014 a Ghardaia court reaffirmed the two-year prison term and DZD 100,000 ($916) fine it imposed in June 2014 on Dada. He was released March 27 after two years in prison.

Pretrial Detention: Prolonged pretrial detention remained a serious problem. Nongovernmental observers believed pretrial detainees comprised a significant portion of the total detainee and prisoner population but admitted they did not have specific statistics. The Ministry of Justice said that as of September, the proportion of detainees in preventive detention was 13.85 percent of the total detainee and prisoner population, compared with 15.02 percent during the same period in 2015, and that the proportion in police custody was 5.66 percent. Ministry statistics did not include prisoners whose cases were pending appeal. July 2015 changes to the penal code limit the grounds for pretrial detention and stipulate that before it can be imposed, a judge must assess the gravity of a crime and whether the accused is a threat to society or a flight risk.

AI alleged that authorities sometimes detained individuals on security-related charges for longer than the 12-day prescribed period.

Authorities held KBC TV journalists Mehdi Benaissa and Ryad Hartouf and Ministry of Culture official Nora Nedjai in pretrial detention for 26 days. They were arrested on June 22 in connection with the alleged unauthorized production of satirical television programs that were broadcast in July. All three received suspended prison sentences and were released July 18.

Police arrested Nacer Eddine Hadjadj, former mayor of Beriane municipality and member of the Rally for Culture and Democracy party, in July 2015. Press reports indicated authorities detained Hadjadj for questioning regarding the violent events that took place in Ghardaia, but the government did not confirm this. In August 2015 Hadjadj’s lawyer, Salah Debouz, denounced the government for not notifying him of his client’s hearing for provisional liberty. The judge rejected his request for provisional liberty, and he remained in pretrial detention as of September.

The government implemented changes adopted in 2015 to the criminal procedure code that prohibit the use of pretrial detention for crimes with maximum punishments of less than three years imprisonment. The revised law, however, exempts infractions that resulted in deaths and persons considered a “threat to public order.” In these cases the revised law limits the use of pretrial detention to one month, nonrenewable. The government also amended the criminal procedure code to state that in all other criminal cases, pretrial detention may not exceed four months. Representatives of the CNCPPDH said that the penal code amendments had succeeded in reducing the use of pretrial detention in 2016 but did not maintain their own statistics demonstrating a decrease from the previous year.

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

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The Code of Criminal Procedure grants pre-trial detainees the right to appeal a court’s order of pre-trial detention. The appeal must be filed within three days. A person released from custody following a dismissal or acquittal may apply to a civil commission to seek compensation from the government for “particular and particularly severe” harm caused by pre-trial detention. The person must submit an application for compensation within six months of the dismissal or acquittal.

e. Denial of Fair Public Trial

While the constitution provides for the separation of powers between the executive and judicial branches of government, the executive branch’s broad statutory authorities limited judicial independence. The constitution grants the president authority to appoint all prosecutors and judges. These presidential appointments are not subject to legislative oversight but are reviewed by the High Judicial Council, which consists of the president, minister of justice, chief prosecutor of the Supreme Court, 10 judges, and six individuals outside the judiciary chosen by the president. The president serves as the president of the High Judicial Council, which is also responsible for the appointment, transfer, promotion, and discipline of judges. The judiciary was not impartial and was often subject to influence and corruption.

TRIAL PROCEDURES

The constitution provides for the right to a fair trial, but authorities did not always respect legal provisions that protect defendants’ rights. The law presumes defendants are innocent and have the right to be present and to consult with an attorney provided at public expense if necessary. Most trials are public, except when the judge determines the proceedings to be a threat to public order or “morals.” The July 2015 amendment of the penal code guarantees defendants the right to free interpretation as necessary. Defendants have the right to be present during their trial but may be tried in absentia if they do respond to a summons ordering their appearance.

Defendants may confront or question witnesses against them or present witnesses and evidence on their behalf. There were a few reports that courts occasionally denied defendants and their attorneys’ access to government-held evidence. Defendants have the right not to be compelled to testify or confess guilt, and they have the right to appeal. The testimony of men and women has equal weight under the law.

POLITICAL PRISONERS AND DETAINEES

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

In March 2015 the National Coordination of Families of Political Prisoners called for the release of 160 persons who had remained incarcerated since the 1990s. In April 2015 Prime Minister Abdelmalek Sellal stated the government held no political prisoners. He declared that courts convicted the detainees in question of violent crimes, making them ineligible for government pardons under the National Charter for Peace and Reconciliation. The government permitted the ICRC to visit detainees held for “security reasons.”

On March 7, a Tamanrasset court convicted Committee for the Defense of the Rights of Unemployed Workers activist Abdelali Ghellam to a year in prison following his December 2015 arrest on charges of taking part in an unauthorized gathering and obstructing traffic. AI reported that seven other men were also arrested in connection with the same protest and received one-year sentences and DZD 50,000 ($458) fines.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The judiciary was neither independent nor impartial in civil matters and lacked independence in some human rights cases. Family connections and status of the parties involved influenced decisions. Individuals may bring lawsuits, and administrative processes related to amnesty may provide damages to the victims or their families for human rights violations and compensation for alleged wrongs. Individuals may appeal adverse decisions to international human rights bodies, but their decisions would not have the force of law.

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

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

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

a. Freedom of Speech and Press

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

Freedom of Speech and Expression: Individuals were limited in their ability to criticize the government publicly without reprisal. Authorities arrested and detained citizens for doing so, and citizens practiced self-restraint in expressing public criticism. The law criminalizing speech about the conduct of the security forces during the internal conflict of the 1990s remained in force, although there were no cases of arrest or prosecution under the law during the year. The law provides for up to three years’ imprisonment for tracts, bulletins, or flyers that “may harm the national interest” or up to one year for defaming or insulting the president, parliament, army, or state institutions. Government officials monitored political meetings. Authorities used laws against slander of public officials to restrict public discussion.

On August 3, the government published a law passed by parliament that broadens laws on defamation to cover the conduct of retired military officers. The law specifies that retired officers who engage in a “dereliction of duty that harms the honor and respect due to state institutions constitutes an outrage and defamation” and can result in legal action under applicable laws. The law further prohibits speech that damages “the authority and the public image of the military institution.”

In March a court in Tlemcen issued human rights activist Zoulikha Belarbi a DZD 100,000 ($916) fine for posting a photograph on Facebook that was deemed insulting to President Bouteflika. The offending post showed a retouched image of the president and other political figures that made them look like characters from a Turkish television show, according to Human Rights Watch (HRW).

Press and Media Freedoms: The National Agency for Publishing and Advertising (ANEP) controls public advertising for print media. According to the NGO Reporters without Borders, private advertising existed but frequently came from businesses with close links to the ruling political party. In September 2015 ANEP stated it represented only half of the total advertising market, while nongovernmental sources assessed the majority of daily newspapers depended on ANEP-authorized advertising to finance their operations. Minister of Communication Hamid Grine stated in February that ANEP’s budget had been cut by 50 percent. The government’s lack of transparency over its use of state-funded advertising permitted it to exert undue influence over print media.

Activists and journalists criticized the government for criminally prosecuting two KBC TV journalists, Mehdi Benaissa and Ryad Hartouf, for allegedly making false statements in their applications for filming permits and their alleged unauthorized use of a television studio. The studio had previously belonged to Al-Atlas TV, which authorities shut down in 2014. In addition to the arrests of Benaissa and Hartouf, authorities shut down two of KBC’s political satire programs, which were filmed in the studio in question. Benaissa and Hartouf’s suspended sentences were announced on July 18, shortly after a court on July 13 canceled the sale of KBC’s parent company, El Khabar Group, to a subsidiary of a company owned by businessman Issad Rebrab, who has been critical of the government. The Ministry of Communication, which had sued to cancel the transaction, said the ruling was based on the law’s prohibition on one person owning multiple news outlets.

In October 2015 Algiers police raided the headquarters of El-Watan El-Djazairya, a private, foreign-based television station broadcasting in the country, and closed down the station upon orders of the Algiers mayor. Minister of Communication Grine accused the television station of “harming a state symbol” during an interview it transmitted on October 3, 2015, with the former emir of the Islamic Salvation Army, Madani Mezrag. During the interview Mezrag indirectly threatened President Bouteflika after the president affirmed the government would not let Mezrag form a political party due to his connection to terrorist activities. In September, Djaafar Chelli, the former owner of El Watan El-Djazairya, received a DZD 10 million ($91,575) fine for broadcasting the interview with Mezrag.

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

In January a court reclassified a charge against journalist and LADDH board member Hassan Bouras, resulting in his release from El Bayadh prison after three months in custody. Prosecutors had charged Bouras in October 2015 with insulting a government body and inciting armed conflict against the state. As of November charges against Bouras had not been dropped, according to his lawyer. Separately, in November an El Bayadh court indicted Bouras for producing a video alleging that certain police officials and judges were involved in corruption. The court on November 28 convicted Bouras of complicity in offending a judicial officer, law enforcement officers, and a public body and of unlawfully practicing a profession regulated by law, sentencing him to one year in prison plus fines. Bouras’s appeal remained pending at year’s end.

Organizations wishing to initiate regular publications must obtain authorization from the government. The law requires the director of the publication to hold Algerian citizenship. The law additionally prohibits local periodicals from receiving direct or indirect material support from foreign sources. The CNCPPDH noted in its 2014 annual report that lack of a law controlling advertising was the largest hurdle to improving transparency of the distribution of public advertising (see also section 5). In May CNCPPDH president Farouk Ksentini said that depriving certain newspapers of public advertising revenue was “contrary to democracy and a violation of the constitution.”

In September the Ministry of Communication stated there were 332 accredited written publications, which included 149 daily newspapers, 47 weekly and 75 monthly magazines, and other specialized publications. Of the daily printed publications, the ministry stated six were state-operated.

The ministry’s Media Directorate is responsible for issuing and renewing accreditations to foreign media outlets operating in the country. Although this accreditation is required to operate legally, the vast majority of foreign media were not accredited. While the government tolerated their operations in the past, Minister Grine stated in April the number of private satellite channels that would receive frequencies would be limited to 13. He said in September that foreign-based unaccredited television outlets would be shut down. As of year’s end, however, the government had not shut down any such outlets. On June 20, the government instated the Audiovisual Regulatory Authority (ARAV), a nine-member body that regulates television and radio. In August ARAV published regulations that require the shareholders and managers of any radio or television channel to be Algerian citizens and prohibits them from broadcasting content that offends “values anchored in Algerian society.”

The ministry also issues and renews accreditation of foreign correspondents reporting in the country. According to the ministry, 13 accredited foreign press agencies reported during the year. In addition to five private domestic television channels, 12 foreign broadcasting channels and two foreign radio stations operated throughout the year.

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

Violence and Harassment: News sources critical of the government reported instances of government harassment and intimidation due to their reporting. Government officials arrested and temporarily detained journalists.

On June 27, police arrested Mohamed Tamalt, a freelance journalist and blogger based in the United Kingdom. He was charged with insulting President Bouteflika on Facebook and sentenced to two years in prison and a DZD 200,000 ($1,832) fine. On December 11, Tamalt died following a prolonged hunger strike protesting his arrest and continued imprisonment.

On June 21, police officers encircled the new headquarters of theEl Watandaily newspaper and ordered its staff to vacate the building. Local officials said the building did not conform to the construction permits granted by the government. As of SeptemberEl Watanhad not been permitted to take occupancy of the building.

Censorship or Content Restrictions: Some major news outlets faced direct and indirect retaliation for criticism of the government.

Some observers viewed the July conviction of two KBC TV journalists and the cancelation of the sale of KBC’s parent company, El Khabar Group, as motivated by the political views expressed in KBC’s programming and by the owner of the company that attempted to purchase El Khabar Group.

On May 3, Minister Grine called on private companies to cease advertising in three unnamed newspapers, widely assumed to be theEl Khabar,El Watan, andLibertenewspapers, viewed as critical of the government. In an interview published online that day, the director general ofEl Khabarsaid Minister Grine’s opposition toEl Khabarwas based on the fact that it “does not follow the editorial line that he wishes.”

In a May 23 speech calling for unaccredited foreign satellite channels to be shut down, Prime Minister Sellal criticized channels that “use misleading advertising, violate private life, strike a blow to the dignity of persons, spread disinformation, and worse still, attack the cohesion of Algerian society through calls for hatred, regionalism, and chaos.”

Libel/Slander Laws: NGOs and observers criticized the law on defamation as vaguely drafted and the definitions therein as failing to comport with internationally recognized norms. The law defines defamation as “any allegation or imputation of a fact offending the honor or consideration of a person, or of the body to which the fact is imputed.” The law does not require that the fact alleged or imputed be false or that the statement be made with malicious intent to damage another individual’s reputation. Defamation is not a crime but carries a fine ranging from DZD 100,000 to DZD 500,000 ($916 to $4,579). The Ministry of Justice did not provide information on the percentage of defamation claims that originated from private citizens, as opposed to government officials.

The law criminalizes statements denigrating Islam or insulting the Prophet Mohammed or “messengers of God.” On June 14, the National Gendarmerie published a press release saying it had “dismantled an international criminal network of blasphemers and anti-Muslim proselytizers on the internet.” News reports appeared to reference the case when they reported the arrests of Rachid Fodil and one or two other men in M’Sila Province, but the status of charges against them was unclear as of September. On July 31, police in Setif arrested Slimane Bouhafs, a Christian convert, for posting statements on his Facebook page questioning the morals of the Prophet Mohammed. A court tried and convicted Bouhafs the same day and sentenced him on August 7 to five years in prison, plus a DZD 100,000 ($916) fine. On September 6, his sentence was reduced to three years in prison.

Mohamed Chergui, a journalist for theEl-Djoumhourianewspaper, was sentenced to three years in prison and a DZD 200,000 ($1,832) fine in February 2015 for a column he wrote in 2014 that was deemed offensive to the Prophet Mohammed and Islam. In April an appeals court in Oran overturned his conviction and ordered his release.

INTERNET FREEDOM

The government impeded access to the internet and monitored certain e-mail and social media sites. On June 18, state-run media reported the government planned to block access to social media sites, including Facebook and Twitter, on June 19-23 during nationwide high school exams. The decision was in response to previous leaks of exam results, which were posted on social media earlier in the month. On June 19-20, internet users reported that access to not only social media, but nearly all websites, was blocked. While internet service returned on June 20, access to social media was not fully restored until June 24.

In January police arrested an activist for the unemployed, Belkacem Khencha, and in May he was sentenced to six months in prison for posting a video on Facebook criticizing the judicial system’s handling of arrests of fellow activists.

In a July statement, the human rights organization Collective of Families of the Disappeared said the government had blocked Radio of the Voiceless, the online radio station it launched in June, making it inaccessible to the public.

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

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

By law internet service providers face criminal penalties for the material and websites they host, especially if subject matters are “incompatible with morality or public opinion.” The Ministries of Justice, Interior, and Post, Information Technology, and Communication have oversight responsibilities. The law provides sentences of six months to five years in prison and fines between DZD 50,000 and DZD 500,000 ($458 and $4,579) for users who do not comply with the law, including the obligation to cooperate with law enforcement authorities against cybercrime.

In September the government estimated there were 18,583,427 internet users in the country in 2015. According to the International Telecommunication Union, 38.2 percent of the population used the internet in 2015.

ACADEMIC FREEDOM AND CULTURAL EVENTS

Academic seminars and colloquia occurred with limited governmental interference. The Ministry of Culture reviewed the content of films before they could be shown, as well as books before publication or importation. The Ministry of Religious Affairs did the same for religious publications.

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for the right of assembly, but the government continued to curtail this right. A ban on demonstrations in Algiers remained in effect. Authorities utilized the ban to prohibit assembly within the city limits. Nationwide, the government required citizens and organizations to obtain permits from the government-appointed local governor before holding public meetings or demonstrations. The government restricted licenses to political parties, NGOs, and other groups to hold indoor rallies or delayed permission until the eve of the event, thereby impeding publicity and outreach efforts by organizers. Nonetheless, in many cases authorities allowed unauthorized protests to proceed while negotiations continued regarding the protesters’ demands or when government attempts to disperse protests potentially risked igniting violence.

On March 21, media outlets reported that police shoved and kicked protesters gathered in front of the Central Post Office in Algiers to demand permanent positions for teachers working on fixed-term contracts. Two women sought hospital treatment for injuries, according to HRW. On April 4, police stopped hundreds of protesting teachers in Boudouaou, preventing them from completing the final leg of a 140-mile march from Bejaia to Algiers. Protesters remained camped in Boudouaou until April 18, at which point police grabbed and shoved some protesters and loaded them onto buses.

Hotels in Algiers and other major cities continued their historic practice of refusing to sign rental contracts for meeting spaces with political parties, NGOs, and civil associations without a copy of a written authorization from the Ministry of Interior for the proposed gathering.

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

In July police reportedly arrested more than 100 communal guards arriving in Algiers en route to a planned demonstration outside of parliament. In June authorities arrested several Movement for the Autonomy of Kabylie (MAK) activists who were preparing to hold an unauthorized meeting in Larbaa Nath Irathen to mark the 15th anniversary of a Berber-led protest in Algiers. Clashes ensued when area residents gathered in the town center to demand the activists’ release, resulting in injuries to police and some demonstrators, according to press reports. In February MAK president Bouaziz Ait Chebib stated to theEl Watannewspaper that approximately 100 MAK activists had been briefly arrested in Tizi Ouzou to prevent their attendance at the MAK’s national assembly.

FREEDOM OF ASSOCIATION

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

The law’s extensive requirements and uneven enforcement served as major impediments to the development of civil society. The law grants the government wide-ranging oversight of and influence in the day-to-day activities of civil society organizations. It requires national-level civil organizations to apply to the Ministry of Interior for permission to operate. Once registered, organizations must inform the government of their activities, funding sources, and personnel, including notification of personnel changes. The law imposes an additional requirement that associations obtain government preapproval before accepting foreign funds. If organizations fail to provide required information to the government or attempt to operate with or accept foreign funds without authorization, they are subject to fines between DZD 2,000 and DZD 5,000 ($18 and $46) and up to six months’ imprisonment. The law prohibits formation of a political party with a religious platform, but observers stated they knew some political parties were Islamist.

According to the law, associations that apply for accreditation as required by law are entitled to receive a response regarding their application within two months for national organizations, 45 days for interregional-level associations, 40 days for province-level associations, and 30 days for communal organizations. While the Ministry of Interior oversees the accreditation process for most associations, the president of a local assembly approves applications for communal associations.

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

Many organizations reported that they never received a deposit slip and that even with the deposit slip it was difficult to conduct necessary administrative tasks without the formal accreditation. Other organizations reported that they never received any written response to their application request. The ministry maintained that organizations refused accreditation or that did not receive a response within the specified time periods were able to submit an appeal to the State Council, the administrative court responsible for cases involving the government.

During the year the Youth Action Movement, a civil society youth organization, was again unsuccessful in renewing its license despite submitting all documentation required by the Ministry of Interior. The ministry also did not renew the accreditations of the NGOs SOS Disparu (Missing) and LADDH, which submitted their renewal applications in 2013. According to members of the National Association for the Fight Against Corruption, the Ministry of Interior refused to approve the organization’s request for accreditation, stating that the application did comply with the law on associations but did not provide any further information. The organization first submitted its application for accreditation in 2012.

The government issued licenses and subsidies to domestic associations, especially youth, medical, and neighborhood associations. According to the Ministry of Interior, there were 108,940 local and 1,293 national associations registered. A 2015 study conducted by several prominent domestic civil society organizations found, however, that nearly two-thirds of the approximately 93,000 associations registered with the government when the law on associations went into force in 2012 were either inactive or no longer operating. Unlicensed NGOs did not receive government assistance, and citizens at times hesitated to associate with these organizations.

c. Freedom of Religion

See the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

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

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

In-country Movement: The government maintained restrictions for security reasons on travel into the southern locales of El-Oued and Illizi, near hydrocarbon industry installations and the Libyan border, respectively. Citing the threat of terrorism, the government also prevented overland tourist travel between the southern cities of Tamanrasset, Djanet, and Illizi. Newspapers reported that the government restricted foreign tourists from traveling through trails in Tassili and Hoggar, as well as certain areas in and around Tamanrasset, due to security concerns. Civil society organizations reported that the authorities prevented sub-Saharan migrants in the areas around Tamanrasset from traveling north toward coastal population centers.

Foreign Travel: The law does not permit those under age 18 to travel abroad without a guardian’s permission. Married women under 18 may not travel abroad without permission from their husbands, but married women over 18 may do so. The government did not permit young men eligible for the draft, who had not completed their military service, to leave the country without special authorization, although the government granted such authorization to students and persons with special family circ*mstances. The Ministry of Interior affirmed that in 2014 the government ended its requirement for background checks on passport applicants.

PROTECTION OF REFUGEES

The government provided protection to an estimated 90,000 to 165,000 Sahrawi refugees who departed Western Sahara after Morocco took control of the territory in the 1970s. UNHCR, the World Food Program (WFP), the Algerian Red Crescent, the Sahrawi Red Crescent, and other organizations also assisted Sahrawi refugees. Neither the government nor the refugee leadership allowed UNHCR to conduct registration or complete a census of the Sahrawi refugees. In the absence of formal registration, UNHCR and the WFP based humanitarian assistance on a planning figure of 90,000 refugees with an additional 35,000 supplementary food rations.

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

As of September 2015 the Ministry of National Solidarity, Family, and the Status of Women reported that since the start of the conflict in Syria, it accepted more than 24,000 Syrian refugees. Other organizations estimated the number to be closer to 43,000 Syrians. Starting in January 2015 the government instituted visa requirements for Syrians entering the country. Since 2012 UNHCR registered more than 6,000 Syrians, but only approximately 5,000 remained registered with UNHCR as of September. The Algerian Red Crescent, which is subordinate to the Ministry of Solidarity, maintained “welcome facilities” that provided food and shelter for those Syrians without means to support themselves. The facilities were located at a summer camp in the seaside area of Algiers known as Sidi Fredj. The government did not grant UNHCR access to these reception centers but reported that by 2016 most Syrians no longer used the centers.

Since the outbreak of violence in northern Mali in 2012, international observers reported an influx of individuals into Algeria across the Malian border inconsistent with traditional migratory movements.

The Ministry of Interior estimated in August that there were 21,073 illegal migrants residing in the country, while other sources assessed there were 30,000 in Tamanrasset alone and as many as 100,000 in the country. As of July the Algerian Red Crescent had closed all four of the refugee camps it had been managing, including its camp housing 600 migrants, mostly from Mali, near the southern city of Bordj Badj Mokhtar.

Refoulement: The government provided some protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened because of their race, religion, nationality, membership in a particular social group, or political opinion. In early December, however, the government gathered an estimated 1,400 sub-Saharan migrants in communities outside of Algiers and removed nearly 1,000 of them to Niger. The president of the Algerian Red Crescent said all returns were voluntary, adding that some migrants were permitted to remain in Tamanrasset. The removals followed a period of several years in which the government had largely refrained from deporting sub-Saharan migrants due to security concerns and the instability in northern Mali.

The government, led by the Algerian Red Crescent, repatriated a total of more than 17,000 Nigerien migrants to their country at the request of the government of Niger since 2014, in several repatriation operations. Various international humanitarian organizations and observers criticized the operations, citing unacceptable conditions of transport, primarily on the Niger side of the border, and what they described as a lack of coordination between the Algerian Red Crescent and the government and Red Cross of Niger. Observers also questioned whether all of the migrants were voluntarily repatriated. In August the government arranged the repatriation of approximately 500 Malians per a request from the Malian consulate in Tamanrasset.

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

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

In August 2015 the Ministry of Education instructed all school administrators to allow migrant and refugee children to enroll in primary school through high school and require only that they present their passport and documentation showing their level of schooling from their home country. International organizations reported the children had trouble in their attempts to integrate into the educational system but that migrants’ access to education was improving, particularly in the north of the country. These organizations reported that migrant parents were often reluctant to enroll their children in Algerian schools.

Durable Solutions: The government did not accept refugees from foreign countries for resettlement. The Sahrawi refugees had not sought local integration or naturalization during their 40-year stay in the refugee camps near Tindouf, and their ruling party, the Polisario, continued to call for a referendum on independence in Western Sahara.

Temporary Protection: The law does not address formal temporary protection, but authorities provided informal, temporary protection to groups such as Syrians and Malians.

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Restrictions on freedom of assembly and association as well as restrictions on political party activities greatly inhibited the activity of opposition groups.

Elections and Political Participation

The law states that members of local, provincial, and national assemblies are elected for five-year mandates and that presidential elections occur within 30 days prior to the expiration of the presidential mandate. Presidential term limits, which were eliminated in 2008, were reintroduced in a 2016 revision of the constitution and limit the president to two terms. The Ministry of Interior maintains oversight of the election and voting processes. Legislation passed by parliament in July established an independent electoral monitoring body. The president appointed the head of the monitoring body on November 6, but as of November the other members had not been appointed.

Recent Elections: Presidential elections took place in April 2014, and voters re-elected President Bouteflika for a fourth term. Although he did not personally campaign, Bouteflika won approximately 81 percent of the votes, while his main rival and former prime minister, Ali Benflis, placed second with slightly more than 12 percent.

Several hundred international election observers from the United Nations, Arab League, African Union, and Organization of Islamic Cooperation monitored voting. Foreign observers characterized the elections as largely peaceful but pointed to low voter turnout and a high rate of ballot invalidity.El Watan, an opposition-leaning daily newspaper, reported that almost 10 percent of ballots cast were invalid. The Ministry of Interior did not provide domestic or foreign observers with voter registration lists. The president of the Constitutional Council, Mourad Medelci, announced voter participation in the elections was just under 51 percent, a sharp drop from the slightly more than 74 percent turnout during the previous presidential election in 2009.

Ali Benflis rejected the results and claimed that fraud marred the elections. He appealed to the Constitutional Council without result. A coalition of Islamic and secular opposition parties boycotted the election, describing it as a masquerade and asserting that President Bouteflika was unfit to run due to his health. Several candidates withdrew from the race, claiming that the outcome was a foregone conclusion.

Elections for the lower chamber of parliament were held in 2012 and did not result in significant changes in the composition of the government. The government allowed international observation of the elections but did not permit local civil society organizations to do the same. Several opposition parties subsequently boycotted the opening session of parliament, alleging fraud during the elections.

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

The government maintained undue media influence and opposition political parties claimed they did not have access to public television and radio. Security forces dispersed political opposition rallies and interfered with the right to organize.

Pursuant to the constitution, all parties must have a “national base.” Under the previous electoral law, a party must have received 4 percent of the vote or at least 2,000 votes in 25 provinces in one of the last three legislative elections to participate in national elections, making it very difficult to create new political parties. The new electoral law adopted by parliament in July requires parties to have received 4 percent of the vote in the preceding election or to collect 250 signatures in the electoral district in order to appear on the ballot. Opposition parties from across the political spectrum criticized the new law for creating a more stringent qualification threshold for parties, as well as for establishing an electoral monitoring body whose members would be appointed by the president and parliament, which is controlled by a coalition headed by the president’s party.

The law prohibits parties based on religion, ethnicity, gender, language, or region, but there were various political parties commonly known to be Islamist, notably members of the Green Alliance. According to the Ministry of Interior, in August there were 71 registered political parties.

The law does not place significant restrictions on voter registration, but implementation of voter registration and identification laws proved inconsistent and confusing during past elections.

Membership in the Islamic Salvation Front, a political party banned since 1992, remained illegal. The law also bans political party ties to nonpolitical associations and regulates party financing and reporting requirements. According to the law, political parties may not receive direct or indirect financial or material support from any foreign parties. The law also stipulates the collection of resources from contributions by the party’s members, donations, and revenue from its activities, in addition to possible state funding.

As of September parliamentarian and founder of the Democratic and Social Union (UDS) party, Karim Tabbou, awaited authorization from the Ministry of Interior to hold his party’s congress. Originally scheduled in 2014, the UDS could not hold its congress because the party had not received the authorization for its required regional congresses.

In August a local government official in Tamanrasset sent the Rally for Culture and Democracy (RCD) political party a letter stating it may decline to authorize future RCD meetings after a gathering of RCD youth members turned disorderly. The party denied the allegation of disorderliness, asserting instead that security personnel were displeased because of the presence of an Amazigh flag beside the Algerian national flag and because organizers removed a portrait of President Bouteflika from the meeting hall.

On July 16 and September 17, the media reported that police prevented members of the ruling National Liberation Front (FLN) party, including members of parliament, from gathering. On both occasions party members who opposed the party’s secretary general planned to meet at the home of Senator Boualam Djaafar. The online news siteTout sur L’Algeriereported that Abderrahmane Belayat, a former minister and FLN secretary general who was a member of the group, said the intelligence services regularly monitored the group’s meetings.

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

The law provides for criminal penalties of two to 10 years in prison for official corruption, but the government generally did not implement the law effectively. Corruption remained a problem as reflected in the Transparency International corruption index.

Corruption: The criminal code stipulates that charges related to theft, embezzlement, or loss of public and private funds may be initiated against senior, public sector “economic managers” only by the board of directors of the institution. Critics of the law asserted that by permitting only senior officials of state businesses to initiate investigations, the law protects high-level government corruption and promotes impunity.

The Ministry of Justice declared that as of October, 987 government employees or employees of state-run businesses had been charged with corruption-related offenses. The government brought several major corruption cases to trial, resulting in dozens of convictions. Media reporting and public opinion viewed the absence of charges against the most senior of government officials as an indication of impunity for government officials.

In July the International Consortium of Investigative Journalists (ICIJ) published an article based on the “Panama Papers,” leaked documents from Panama-based law firm Mossack Fonseca, related to allegations of bribery in connection with contracts awarded by Sonatrach, the national oil company. The ICIJ said the documents demonstrated that Mossack Fonseca created 12 of the 17 shell companies established by businessman Farid Bedjaoui for the alleged purpose of funneling bribes to government officials. Former energy minister Chekib Khelil, who had previously been under a 2013 international arrest warrant to face charges in Algeria in connection with the case, returned to Algeria in March after charges were dropped. Former minister of justice Mohamed Charfi claimed he was pressured by FLN secretary general Amar Saadani in 2013 to drop charges against Khelil shortly before he was removed from his post.

On February 2, a court sentenced 12 persons to sentences ranging from 18-month suspended jail terms to six years in prison in a corruption case involving Sonatrach contracting practices. Former Sonatrach CEO Mohamed Meziane received a suspended six-year sentence, and two of his sons were sentenced to five and six years’ imprisonment.

Corruption throughout the government stemmed largely from the bloated nature of the bureaucracy and a lack of transparent oversight. The CNCPPDH stated in its 2014 annual report that public corruption remained a problem and hindered development. The National Association for the Fight Against Corruption noted the existence of an effective anticorruption law but stated that the government lacked the “political will” to apply the law.

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

Public Access to Information: Lack of government transparency remained a serious problem. Most ministries had websites, but not all ministries regularly maintained them with updated information. Analysts, academics, and other interested parties often had difficulty obtaining even routine and nominally public economic data from government ministries.

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

AI maintained an office and actively reported on human rights issues, but it did not receive official authorization to operate from the Ministry of Interior.

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

The United Nations or Other International Bodies: The government extended an invitation to the UN Working Group on Enforced or Involuntary Disappearances in 2014 and again in September 2015, but as of September no visit occurred. The country joined the UN Human Rights Council in 2014 but continued to deny requests for visits from the UN special rapporteurs on extrajudicial executions (pending since 1998) and on human rights and counterterrorism (pending since 2006) and the UN Working Group on arbitrary detention (pending since 2009).

Government Human Rights Bodies: The CNCPPDH plays a consultative and advisory role to the government. It issues an annual report on the status of human rights in the country. Published in July, the 2015 report highlighted government advances in social and legal rights with increased protections for women and children, the introduction of mediation in nonfelony criminal cases, and limits on the use of pretrial detention. The commission identified its principal concerns as public corruption, shortfalls in the recent law on violence against women, heavy bureaucracy, and impediments limiting citizens’ access to justice.

Women

Rape and Domestic Violence: Rape, both spousal and nonspousal, occurred. The law criminalizes nonspousal rape but does not address spousal rape. Prison sentences for nonspousal rape range from five to 10 years, and authorities generally enforced the law. Many women did not report incidents of rape because of societal and family pressures. The CNCPPDH’s 2015 report called on the government to repeal the provision of the penal code that allows someone accused of raping a minor to avoid prosecution if he subsequently marries his victim.

Domestic violence was widespread. The law states that a person claiming domestic abuse must visit a “forensic physician” for an examination to document injuries and that the physician must determine that the victim suffered from injuries that “incapacitated” the person for 15 days. The law also requires that the physician provide the victim with a “certificate of incapacity” attesting to the injuries, which the victim presents to authorities as the basis of the criminal complaint. The government, working with the UN Population Fund, undertook a public awareness campaign to inform women of their rights under the law, encourage reporting of domestic violence, and engage men in conversations on violence against women.

According to statistics released by the Ministry of Justice, between the beginning of 2015 and June 2016, there were 14,366 cases of domestic abuse, of which 12,804 involved male perpetrators. As of October, 10,536 of the cases had resulted in convictions. The government said that most of those convicted received prison time as well as a fine. According to statistics from women’s advocacy groups published in the local press, between 100 and 200 women died each year from domestic violence.

The Information and Documentation Center on the Rights of Children and Women (CIDDEF), a network of local organizations that promoted the rights of women, managed call centers in 15 provinces and reported that each center received 300-400 calls during the year from female victims of violence seeking assistance.

The law provides for sentences of one to 20 years’ imprisonment for domestic violence and six months’ to two years’ incarceration for men who withhold property or financial resources from their spouses. While supporting the law when it was drafted, AI and domestic women’s rights groups criticized its “forgiveness” clause that permits the annulment of charges if the abused spouse pardons her husband.

Sexual Harassment: The punishment for sexual harassment is one to two years’ imprisonment and a fine of DZD 50,000 to DZD 100,000 ($458 to $916); the punishment doubles for a second offense. Women’s groups reported that official statistics on harassment were not available but that the majority of reported cases of harassment occurred in the workplace. Women also reported harassment by men when walking in public. The government acknowledged that street harassment continued to be a problem despite advances in the law.

Reproductive Rights: Couples and individuals have the right to decide the number, timing, and spacing of their children; manage their reproductive health; and have access to the information and means to do so, with limited societal discrimination and coercion. Conservative elements of society challenged the government’s family planning program, including the provision of free contraception. Married and unmarried women had access to contraceptives, although there were reports of pharmacists who refused to sell contraception to unmarried women. A study by a prominent women’s group in 2015 found that approximately 68 to 70 percent of women used contraception, the majority of whom took birth control pills. Women did not need permission to obtain birth control pills, but doctors required permission of the partner for women who sought tubal ligation.

Societal and family pressure restricted women from making independent decisions about their health and reproductive rights.

Discrimination: Although the constitution provides for gender equality, many aspects of the law and traditional social practices discriminated against women. In addition, religious extremists advocated practices that led to restrictions on women’s behavior, including freedom of movement. In some rural regions, women faced extreme social pressure to veil as a precondition for freedom of movement and employment. In September a security guard at a high school in Algiers reportedly prevented unveiled students from entering the school on the first day of classes. The law contains traditional elements of Islamic law. It prohibits Muslim women from marrying non-Muslims, although authorities did not always enforce this provision. Muslim men may marry non-Muslim women. A woman may marry a foreigner and transmit citizenship and nationality to both her children and spouse.

Women may seek divorce for irreconcilable differences and violation of a prenuptial agreement. In a divorce the law provides for the wife to retain the family’s home until children reach age 18. Authorities normally awarded custody of children to the mother, but she may not make decisions about education or take the children out of the country without the father’s authorization. Women were more likely to retain the family’s home if they had custody of the children. In January 2015 the government created a subsidy for divorced women whose ex-husbands failed to make child support payments.

The law affirms the religiously based practice of allowing a man to marry as many as four wives. The law permits polygamy only upon the agreement of the first wife and the determination of a judge as to the husband’s financial ability to support an additional wife. A joint Ministry of Health and UN study from 2013 estimated that 3 percent of marriages were polygamous. It was unclear whether authorities followed the law in all cases.

Amendments to the law supersede the religiously based requirement that a male sponsor consent to the marriage of a woman. The sponsor represents the woman during the religious or civil ceremony. Although the law formally retains the requirement of a sponsor to contract the marriage, the woman may choose any man that she wishes to be her sponsor. Some families subjected women to virginity tests before marriage.

Women suffered from discrimination in inheritance claims and were entitled to a smaller portion of an estate than male children or a deceased husband’s brothers. Women did not often have exclusive control over assets that they brought to a marriage or that they earned. Women may take out business loans and use their own financial resources. Women enjoyed rights equal to those of men concerning property ownership, and property titles listed female landowners’ names.

Women faced discrimination in employment. Leaders of women’s organizations reported that discrimination was common and women were less likely to receive equal pay for equal work or promotions. In urban areas there was social encouragement for women to pursue higher education or a career. Girls graduated from high school and attended university more frequently than boys.

According to a study released by CIDDEF, women represented 19.5 percent of the active workforce, with 61 percent of these women working in the public sector. As of September 2015, female unemployment was higher than that of men, with 16.6 percent of women unemployed compared to 9.9 percent of men, according to a National Office of Statistics report. While the presence of women in the workforce grew, access to management positions remained limited. Women served at all levels in the judicial system. The government employed an increasing number of female police, including approximately 6 percent of DGSN police officers. Women may own businesses, enter into contracts, and pursue careers similar to those of men.

Children

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

Education: Education was free, compulsory, and universal through the secondary level to age 16. UNICEF reported that the attendance of girls was higher in secondary school due to instances of boys leaving school after the primary level. The United Nations estimated primary school enrollment at more than 97 percent. The government estimated that during the 2014-15 school year, children under the age of six were enrolled in school at a rate of 98.49 percent, with those between the ages of six and 16 enrolled at a rate of 95 percent.

Child Abuse: Child abuse is illegal but was a serious problem to which the government devoted increasing resources and attention. In June the government appointed a national ombudsperson responsible for monitoring and publishing an annual report on the rights of children. The government supported the country’s Network for the Defense of Children’s Rights (NADA). Experts assumed that many cases went unreported because of family reticence. The head of NADA reported that the NGO’s free helpline received more than 23,000 calls requesting assistance as of August. The DGSN reported 1,663 cases of child sexual abuse in 2014, and the National Gendarmerie reported 380 cases.

Kidnapping for any reason is a crime. Laws prohibiting parental abduction do not penalize mothers and fathers differently. In 2014 legislation increased the punishment for convicted kidnappers to include the death penalty. The DGSN commissioner for the National Office of Child Protection reported the kidnapping of 28 children for the period of January through August, compared with 84 in 2015.

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

Sexual Exploitation of Children: The law prohibits solicitation for prostitution and stipulates prison sentences of between 10 and 20 years when the offense is committed against a minor under age 18. By law the age for consensual sex is 16. The law stipulates a prison sentence of between 10 and 20 years for rape when the victim is a minor. The law does not call for prosecuting a man accused of raping a female minor if he legally marries the victim, and there were no available reports of this practice during the year. The law prohibits p*rnography and establishes prison sentences from two months to two years as well as fines up to DZD 2,000 ($18).

A 2015 law created a national council to address children’s issues, improved social services and protection for children, gave judges authority to remove children from an abusive home, and allowed sexually abused children to provide testimony on video rather than in court.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’sAnnual Report on International Parental Child Abductionattravel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

Some religious leaders estimated that the country’s Jewish population numbered fewer than 200 persons. Local Jewish community leaders estimated the number to be in the low hundreds. The media did not publish any known derogatory political cartoons or articles directed at the Jewish community, but observers found anti-Semitic postings on social media sites.

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

In May a member of parliament affiliated with the Islamist Green Alliance criticized the government for granting a visa to an Israeli journalist accompanying the French prime minister on an April visit to Algeria. An Arabic-language newspaper wrote that the journalist had a “strong Jewish-sounding name” and stated that, in the member of parliament’s view, the government was normalizing relations with “Zionists who make France a door to infiltrate” Algeria. An online news outlet referred to the journalist as an “Israeli Jew” and stated that the visa allowed him to “strut in the streets of Algiers to meet whoever he wants.”

Trafficking in Persons

See the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with disabilities in employment, education, access to health care, or the provision of other state services, although the government did not effectively enforce these provisions. Persons with disabilities faced widespread social discrimination. Few government buildings were accessible to persons with disabilities. Few businesses abided by the law that they reserve 1 percent of jobs for persons with disabilities. Business that did not meet the 1 percent quota received a DZD 140,000 ($1,282) fine. NGOs reported that the government did not enforce payment of fines. The Ministry of National Solidarity, Family, and the Status of Women provided some financial support to health-care-oriented NGOs, but for many NGOs, such financial support represented a small fraction of their budgets. The ministry also provided disability benefits to persons with disabilities who registered with the government. Social security provided payments for orthopedic equipment.

The Ministry of Solidarity reported that it ran 222 centers throughout the country that provided support for persons with intellectual, auditory, vision, and physical disabilities. The ministry stated that it worked in concert with the Ministry of Education to integrate children with disabilities into public schools to promote inclusion. The majority of the ministry’s programs for children with disabilities remained in social centers for children with disabilities rather than in formal educational institutions. Advocacy groups reported that children with disabilities rarely attended school past the secondary level. Many schools lacked teachers trained to work with children with disabilities, threatening the viability of efforts to mainstream children with disabilities into public schools. Numerous private schools existed but, according to advocacy organizations, staff often acted more as caretakers than teachers due to a lack of training.

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

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

The law criminalizes public and consensual same-sex sexual relations by men or women with penalties that include imprisonment of six months to three years and a fine of DZD 1,000 to DZD 10,000 ($9 to $92). The law also stipulates penalties that include imprisonment of two months to two years and fines of DZD 500 to DZD 2,000 ($5 to $18) for anyone convicted of having committed a “hom*osexual act.” If a minor is involved, the adult may face up to three years’ imprisonment and a fine of DZD 10,000 ($92).

LGBTI activists reported that the vague wording of laws identifying “hom*osexual acts” and “acts against nature” permitted sweeping accusations that resulted during the year in multiple arrests for same-sex sexual relations but no known prosecutions.

LGBTI persons faced strong societal and religious discrimination. While some lived openly, the vast majority did not, and most feared reprisal from their families or harassment from authorities. One activist reported that of the 100 LGBTI persons he knew, only three had “come out.” During a May 2015 radio interview, Minister of Religious Affairs Mohamed Aissa said that combatting individuals who promote the deviation of morality and the dismantling of the family (a reference to the behavior of LGBTI individuals) was more important than the fight against Da’esh.

Activists said that the government did not actively punish LGBTI behavior, but it was complicit in the hate speech propagated by conservative, cultural, and religion-based organizations, some of which associated LGBTI individuals with pedophiles and encouraged excluding them from family and society. Trans hom*os DZ, a local organization that advocated for the rights of LGBTI persons, published a report on anti-LGBTI hate speech in the media, detailing several incidents from recent years including programs broadcast by Arabic-language media outlets, such as Ennahar TV and Echourouk TV, that demonized LGBTI persons. The report also detailed social media and other online hate speech directed at the LGBTI community between 2013 and 2015. The organization reported in April that two men who used hom*ophobic slurs physically attacked an activist who supported LGBTI rights in Algiers. In another incident a video posted on YouTube in November 2015 showed what appeared to be a group of men surrounding a transgender woman on the street. Several of the men were shown kicking and punching her while others looked on without intervening. The government did not announce investigations into the perpetrators of either alleged attack.

Another report released by Trans hom*os DZ in November included allegations by an anonymous former prisoner alleging that prisoners at El Harrach Prison suffered physical and sexual abuse based on their sexual orientation. The former prisoner’s report said prisoners who were perceived as gay or transgender were placed in a specific cellblock near other prisoners who had committed serious crimes. The report said gay and transgender prisoners were frequently victims of sexual assaults, including one incident in which prison guards mocked and initially refused medical treatment to a prisoner who was the victim of a gang rape.

Due to the hacking of one LGBTI organization’s website in 2015 and increased offensive and derogatory media coverage specifically denouncing LGBTI practices, activists reported the need to focus their advocacy on personal safety and minimized their activities during the year. Activists reported that members of the LGBTI community declined to report abuse and thus lessened their capacity to report cases of hom*ophobic abuse and rape due to fear of reprisal by authorities. Reporting that access to health services could be difficult because medical personnel often treated LGBTI patients unprofessionally, activists noted that some organizations maintained a list of “LGBTI-friendly” hospitals, and several NGOs operated mobile clinics specifically for vulnerable communities.

Employers refused jobs to LGBTI persons, particularly men perceived as effeminate. Activists also reported cases of individuals denied drivers licenses due to their perceived sexual orientation. Community members said that obtaining legal assistance was also a challenge due to similar discrimination. Members of the LGBTI community reported that forced marriage was a problem, particularly for lesbians.

Alouen, an Oran-based LGBTI advocacy group, continued cyberactivism on behalf of the LGBTI community.

HIV and AIDS Social Stigma

HIV/AIDS was widely considered a shameful disease. There were more reported cases in men than women, with the exception of women between ages 15 and 24. The government continued to offer free antiretroviral treatment to all persons, including migrants. Authorities virtually eliminated new HIV infections among children. The Joint UN Program on HIV/AIDS (UNAIDS) reported the existence of more than 2,000 centers offering free testing and counseling services, 1,500 of which the government managed. Strong social stigma towards the vulnerable groups in which HIV/AIDS was most concentrated–commercial sex workers, men who have sexual relations with men, and drug users–deterred testing of these groups. A 2014 study found a 5 percent prevalence rate of HIV/AIDS among commercial sex workers in Oran, the country’s second largest city. Another NGO reported the prevalence rate of the same community at nearly 10 percent.

A Ministry of Health report found that there were 740 new cases of HIV/AIDS in 2015, contributing to an official estimate of 9,843 persons with HIV/AIDS. The government provided treatment to 7,915 individuals in 2015. UNAIDS estimated that 8,800 persons had HIV/AIDS in 2015, 300 of whom were under age 15.

Led by the Ministry of Health, the government established the National AIDS Committee, which met twice during the first eight months of the year. The committee brought together various government and civil society actors to discuss implementation of the national strategy to combat HIV/AIDS.

The Green Tea Association, an NGO working in the field of HIV/AIDS treatment, continued to operate an information and orientation center in Tamanrasset, a province known for its large and diverse population of migrants.

Other Societal Violence or Discrimination

Clashes between Algerian citizens and sub-Saharan migrants in March injured dozens of persons in Ouargla and Bechar and prompted the government to relocate more than 1,000 migrants to other locations in the country (see section 2). In Ouargla press reported that Algerians attacked Malian and Nigerien migrants on March 2 after learning that a sub-Saharan migrant had broken into a house and fatally stabbed an Algerian man. On March 25, dozens of reportedly masked men in Bechar threw stones and other objects at migrants in response to allegations that a migrant was involved in an attempted rape of a child.

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

The law provides for collective bargaining by all unions, and the government permitted the exercise of this right for authorized unions. Nevertheless, the UGTA remained the only union authorized to negotiate collective bargaining agreements.

The law provides for the right to strike, and workers exercised this right, subject to conditions. Striking requires a secret ballot of the whole workforce. The decision to strike must be approved by majority vote of workers at a general meeting. The government may restrict strikes on a number of grounds, including economic crisis, obstruction of public services, or the possibility of subversive actions. Furthermore, all public demonstrations, including protests and strikes, must receive prior government authorization. By law workers may strike only after 14 days of mandatory conciliation or mediation. The government occasionally offered to mediate disputes. The law states that decisions reached in mediation are binding on both parties. If mediation does not lead to an agreement, workers may strike legally after they vote by secret ballot to do so. The law requires that a minimum level of essential public services must be maintained during public-sector service strikes, and the government has broad legal authority to requisition public employees. The list of essential services included services such as banking, radio, and television. Penalties for unlawful work stoppages range from eight days to two months’ imprisonment.

The government affirmed there were 101 registered trade unions and employer’s organizations. No new trade unions were registered between January and August. Many trade unions remained unrecognized by the government; they identified delayed processing and administrative hurdles imposed by the government as the primary obstacles to establishing legal status. In June the ILO Committee of Experts on the Application of Conventions and Recommendations stated that the lengthy registration process seriously impedes the establishment of new unions.

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

Formed in 2013 but not recognized by the government, the General Autonomous Confederation of Workers in Algeria (CGATA) included public and economic sector unions and committees. In March 2015 the Ministry of Labor refused to register CGATA as a national confederation, thus preventing it from establishing an independent multisector confederation that would include private sector employees. CGATA membership included workers from unions representing government administrators, diplomatic personnel, state electricity and gas employees, university professors, public transport and postal workers, and lawyers. The confederation also included migrants working in the country.

SNAPAP and other independent unions faced government interference throughout the year, including official obstruction of general assembly meetings and police harassment during sit-in protests. Furthermore, unions in multi-national companies, specifically in oil and gas production, were virtually nonexistent due to antiunion practices, threats, and harassment by employers.

In April police stopped hundreds of protesting teachers in Boudouaou, preventing them from completing a union-organized march into Algiers. Authorities reportedly jammed mobile networks in the area and blocked deliveries of food and drink to the protest site. Teachers’ union members said police grabbed and shoved protesters during an attempt to break up the protest.

On February 6, police surrounded a trade union office in Bab Ezzouar, where a meeting was planned to discuss the 2016 finance law. Press reported that police arrested six activists and union members, including Salah Debouz, for assembling without a permit.

The Committee of Experts at the International Labor Conference in June requested that the government reinstate employees that the committee determined were fired based on antiunion discrimination and act expeditiously to process pending trade union registration applications.

Antiunion intimidation was commonplace, and there were several strikes launched in reaction to the government’s refusal to extend official recognition to fledgling new unions and its practice of engaging only with the UGTA. In March the ILO Committee on Freedom of Association urged the government to reinstate two Autonomous National Union of Postal Workers officials, in compliance with a court order. The committee concluded that the governmental postal system improperly dismissed the two officials in 2014 in connection with statements they made to the media and with one official’s role in organizing a work stoppage.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of human trafficking. There were reports from NGOs that such practices occurred. Forced labor conditions existed for migrant workers, and the law did not fully protect them. For example, female migrants were subjected to debt bondage as they worked to repay smuggling debts through domestic servitude, forced begging, and forced prostitution. Prescribed penalties under this statute range from three to 20 years’ imprisonment, which are sufficiently stringent and commensurate with those prescribed for other serious crimes, such as rape. Construction workers and domestic workers were reportedly vulnerable. The government made limited efforts to prosecute traffickers and protect victims but created an interministerial committee to coordinate antitrafficking efforts and adopted a national antitrafficking action plan.

Also see the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employment by minors in dangerous, unhealthy, or harmful work or in work considered inappropriate because of social and religious considerations. The minimum legal age for employment is 16, but younger children may work as apprentices with permission from their parents or legal guardian. The law prohibits workers under age 19 from working at night.

Although specific data was unavailable, children reportedly worked mostly in the informal sales market, often in family businesses. There were isolated reports that children were subjected to commercial sexual exploitation (see section 6, Children). According to UNICEF, 5 percent of children ages five to 14 were economically active.

The Ministry of Labor is responsible for enforcing child labor laws and refers violators to the Ministry of Justice for prosecution. There is no single office charged with this task, but all labor inspectors are responsible for enforcing laws regarding child labor. The Ministry of Labor conducted inspections and in some cases investigated companies suspected of hiring underage workers. The ministry’s Labor Inspector Service conducted an investigation into child labor in 2015 of 15,093 businesses from the trade, agriculture, construction, and services industries. It reported the discovery of 97 minors, of whom 47 were under the age of 16. The law for the protection of the child, adopted in 2015, criminalizes anyone who economically exploits a child with a penalty of one to three years’ imprisonment and a fine of DZD 50,000 to DZD 100,000 ($476 to $952); the punishment is doubled if the offender is a family member or guardian of the child. These penalties are neither sufficiently stringent nor commensurate with those prescribed for other serious crimes, such as rape. Monitoring and enforcement practices for child labor were inconsistent and hampered by an insufficient number of inspectors.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment, salary, and work environment based on age, gender, social and marital status, family links, political conviction, disability, national origin and affiliation with a union. The law does not prohibit discrimination with respect to employment based on sexual orientation, HIV-positive status, or religion. The government did not adequately enforce the law, since discrimination reportedly existed, specifically against migrant workers in the informal economy who lacked a legal means to address unfair working conditions.

Women occupied few decision-making positions. Many unescorted or migrant female youth were exploited as domestic workers and were known to be loaned out to families for extended periods to work in homes and/or exploited as prostitutes (see section 6).

e. Acceptable Conditions of Work

A tripartite social pact among business, government, and the official union established the national minimum wage of DZD 18,000 ($165) per month in 2012. The World Bank estimated in 2011 that the poverty rate was 5.5 percent, a level that some observers considered too low.

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

The law contains occupational health and safety standards that were not fully enforced. There were no known reports of workers dismissed for removing themselves from hazardous working conditions. If workers face such conditions, they may reserve the right to renegotiate their contract or, failing that, resort to the courts. While this legal mechanism exists, the high demand for employment in the country gave an advantage to employers seeking to exploit employees. Labor standards do not protect economic migrants from sub-Saharan Africa and elsewhere working in the country without legal immigration status, which made them vulnerable to exploitation. The law does not adequately cover migrant workers employed primarily in construction and as domestic workers.

The government requires employers to declare their employees to the Ministry of Labor and to pay social security benefits. Penalties for noncompliance include a prison sentence of two to six months and a fine ranging from DZD 100,000 to DZD 200,000 ($916 to $1,832) and DZD 200,000 to DZD 500,000 ($1,832 to $4,579) for repeat offenders. In 2015 the director general of social security at the Ministry of Labor stated that employers had not declared 15 percent of workers to the government, down from 40 percent in 2001. Employers who violated the law faced DZD 200,000 ($1,832) fines and between two and six months in prison. An enforcement initiative in 2015 identified 13,473 undeclared workers, all but 3 percent of whom were employed in the private sector. The government allowed undeclared workers to gain credit for social security and retirement benefits for time spent in the informal economy if they repay any taxes owed after registering.

The Labor Ministry employed 624 labor inspectors and approximately 380 supervisors. The ministry generally enforced labor standards, including providing for compliance with the minimum wage regulation and safety standards. Nevertheless, broad enforcement remained insufficient.

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

Separatists, with Armenia’s support, continued to control most of Nagorno-Karabakh and seven other Azerbaijani territories. The final status of Nagorno-Karabakh remained the subject of international mediation by the OSCE Minsk Group, cochaired by France, Russia, and the United States. There was an increase in violence along the Line of Contact and Armenia-Azerbaijan international border April 1-5. The heavy clashes led to the highest death toll since the signing of the 1994 cease-fire agreement. There were allegations of atrocities committed by the sides of the Nagorno-Karabakh conflict during an April 1-5 outbreak of violence. The sides in the conflict also submitted to the European Court of Human Rights complaints accusing each other of committing atrocities during this period.

Both the government and human rights monitors reported a drop in harmful hazing practices in the military. As of November 20, local human rights organizations reported at least 36 noncombat-related deaths in security forces, including suicides and soldiers killed by fellow service members. On February 20, for example, another conscript shot and killed State Border Service (SBS) member Sanan Mehdizade. The SBS refused to comment on the death to media outlets. No further details were available.

b. Disappearance

There were no reports of politically motivated disappearances.

As of July 5, the State Committee on the Captive and Missing reported that 3,866 citizens were registered as missing persons because of the Nagorno-Karabakh conflict. The International Committee of the Red Cross (ICRC) processed cases of persons missing in connection with the Nagorno-Karabakh conflict and worked with the government to develop a consolidated list of missing persons. According to the ICRC, more than 4,496 persons remained unaccounted for because of the conflict.

The ICRC assisted prisoners of war and civilian internees and conducted regular visits throughout the year to ensure protection of prisoners under international humanitarian law. The ICRC regularly facilitated the exchange of messages between them and their families to help them re-establish and maintain contact.

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

While the constitution and criminal code prohibit such practices and provide for penalties for conviction of up to 10 years’ imprisonment, credible allegations of torture and other abuse continued. In 2014, the most recent year for which data was available, domestic human rights monitors reported receiving 324 complaints of such abuse by security forces.

The UN Working Group on Arbitrary Detention reported receiving a large number of statements during its May 16-25 visit to the country from current and former juvenile, female, and male detainees it interviewed alleging that they had been subjected to torture and mistreatment. According to the working group, interviewees “described having a gun pointed at their head, severe beatings, sometimes lasting several hours, verbal abuse and psychological pressure, practices such as standing on one’s knees for long hours, threats of physical and sexual abuse as well as threats to arrest family members.”

Human rights defenders and media outlets reported at least four cases of torture or other physical abuse during the year that led to death. There was no single source to confirm the exact number of such cases. On April 27, for example, Sumgayit City police detained 37-year-old Rashad Mehdiyev, who died two days later, reportedly from abusive treatment at the police station. Police claimed Mehdiyev died due to a head injury incurred when he accidentally fell. Mehdiyev’s family refuted the claims and released photographs of him with multiple bruises on his body, which they alleged indicated torture. There were no reports on the results of a subsequent investigation.

Reports from the UN Working Group on Arbitrary Detention and human rights activists indicated that most mistreatment took place while detainees were in police custody, where authorities reportedly used abusive methods to coerce confessions. In one prominent example, on August 12, police arrested N!DA youth activist Elgiz Gahraman for alleged drug possession after he disparaged a proposed constitutional change that would remove the age limit for presidential candidates. Gahraman was held incommunicado for six days at the Ministry of Internal Affairs’ Organized Crime Department. Gahraman later stated that during his detention he was subjected to torture and forced to sign a confession.

In November 2015 law enforcement forces arrested a large group of religious individuals in Nardaran, including the head of the Muslim Unity Movement, Taleh Baghirzada, on charges of alleged involvement in an effort to overthrow the government and put in place an Islamic state. During the trial of 17 of the individuals, Baghizada and 16 other Nardaran residents charged in the case informed the court they were tortured while police interrogated them at the Ministry of Internal Affairs’ Organized Crime Department. The defendants specifically claimed that police officer Shahlar Jafarov beat detainee Farahim Bunyadov to death in custody and subjected them to physical abuse. Authorities did not investigate the claims.

Authorities reportedly maintained a de facto ban on independent forensic examinations of detainees who claimed mistreatment and delayed their access to an attorney, practices that made it easier for officers to mistreat detainees with impunity. For example, imprisoned Muslim Unity Movement leader Taleh Baghirzada and his lawyers stated that police tortured him for days in an attempt to force him to renounce his beliefs and provide false accusations against secular opposition leaders Dr. Jamil Hasanli and Ali Kerimli. The Ministry of Internal Affairs’ Organized Crime Unit reportedly denied him access to his attorney for more than a month.

In another prominent case, imprisoned N!DA youth movement activists Bayram Mammadov and Giyas Ibrahimov stated during their trial that police subjected them to torture while in custody. The two youths claimed that officers beat them, forced them to disrobe, and threatened to rape them with truncheons and bottles if they did not confess to charges of drug possession after closed-circuit television footage showed them painting graffiti on a statue of former president Heydar Aliyev. Their attorney reportedly was only able to meet with them after they had signed the coerced drug possession confessions. Despite physical evidence of abuse displayed by Mammadov and Ibrahimov during the trial and appeals to the Prosecutor General’s Office and Ombudsman’s Office in Baku, authorities failed to investigate their allegations.

There were media reports of police violence against citizens not involved in political activity. For example, Bakhtiyar Ismayilov reported that police from the Barda Police Department detained and subjected him to inhumane treatment on the night of September 16 for mistakenly stopping a police car instead of a taxi. He showed numerous bodily injuries after allegedly being beaten at the police department and claimed that police employees warned him not to report the incident. After his public statements, media outlets reported additional allegations of abuse at the same police department from individuals who previously were afraid to speak.

According to official data, the Prison Service investigated 334 complaints against prison system officials for torture or mistreatment between 2009 and 2013. The Ministry of Internal Affairs received 984 such complaints between 2010 and 2013, and the Office of the Prosecutor General received 678 similar complaints between 2010 and 2013. According to the UN Committee against Torture, this was a strong indication that torture investigations were not conducted in a prompt, efficient, and impartial manner.

Although there were reports of a decrease in abusive hazing practices, local observers reported bullying and abuse in military units during the year. The Ministry of Defense set up a telephone hotline for soldiers to report incidents of mistreatment in order to hold unit commanders responsible, which reportedly resulted in improved conditions throughout the armed forces.

Prison and Detention Center Conditions

According to a reputable prison-monitoring organization, prison conditions were sometimes harsh and potentially life threatening due to overcrowding, inadequate nutrition, deficient heating and ventilation, and poor medical care. While the government continued to construct facilities, some Soviet-era facilities still in use did not meet international standards. Gobustan Prison, Prisons 3 and 14, and the penitentiary tuberculosis-treatment center reportedly had the worst conditions. Former prisoners and family members of imprisoned activists reported that prisoners often had to pay bribes to use toilets or shower rooms or to receive food. Detainees also complained of inhumane conditions in the crowded basem*nt detention facilities of local courts where they awaited trial. They reported those facilities lacked ventilation and proper sanitary conditions.

Physical Conditions: Authorities held men and women together in pretrial detention facilities in separate blocks, but housed women in separate prison facilities after sentencing. Local NGO observers reported that female prisoners typically lived in better conditions than male prisoners, were monitored more frequently, and had greater access to training and other activities, but that women’s prisoners suffered from many of the same problems as prisons for men. Human rights monitors reported four cases of children under the age of seven living in adult prison facilities with their incarcerated mothers. Convicted juvenile offenders may be held in juvenile institutions until they are 20.

During the year the Ministry of Justice reported 122 deaths in ministry facilities, 81 of which occurred in medical treatment facilities. The ministry reported the majority of death cases occurred from various illnesses including cancer, cardiovascular pathology, and tuberculosis. The Ministry of Internal Affairs reported one death by suicide in its detention facilities in 2016. According to the ministry, as a result of an internal investigation, two police officers were dismissed for neglect of their official duties and one person was subjected to disciplinary action.

Prisoners at times claimed they endured lengthy confinement periods without opportunity for physical exercise. They also reported instances of cramped, overcrowded conditions; inadequate ventilation; poor sanitary facilities; and insufficient access to medical care. Although the law permits detainees to receive daily packages of food to supplement the food officially provided, authorities at times reportedly restricted access of prisoners and detainees to family-provided food parcels. Some prisons and detention centers did not provide access to potable water.

Human rights advocates reported that guards punished prisoners with beatings or by holding them in isolation cells. Local and international monitors reported markedly poorer conditions at the maximum security Gobustan Prison.

Administration: While most prisoners reported that they could submit complaints to judicial authorities and the Ombudsman’s Office without censorship, prison authorities regularly read prisoners’ correspondence, and domestic NGOs reported some prisoners in high-security facilities experienced difficulty submitting complaints. While the Ombudsman’s Office reported conducting systematic visits and investigations into complaints, NGOs reported that the office was insufficiently active in addressing prisoner complaints by, for example, failing to investigate allegations of torture by N!DA activists Bayram Mammadov and Giyas Ibrahimov.

Authorities at times limited visits by attorneys and family members, especially to prisoners widely considered to be incarcerated for political reasons.

Independent Monitoring: The government permitted some prison visits by international and local organizations, including the ICRC, the Council of Europe’s Committee for the Prevention of Torture, the president of the Parliamentary Assembly of the Council of Europe, and parliamentarians and diplomats from European countries. Authorities generally permitted the ICRC access to prisoners of war and civilian internees held in connection with the Nagorno-Karabakh conflict as well as to detainees held in facilities under the authority of the Ministries of Justice, Internal Affairs, and the National Security Services.

A joint government-human rights community prison-monitoring group known as the Public Committee was allowed access to prisons without prior notification to the Penitentiary Service. On some occasions, however, other groups that reportedly gave prior notification experienced difficulty obtaining access.

d. Arbitrary Arrest or Detention

Although the law prohibits arbitrary arrest and detention, the government generally did not observe these prohibitions, and impunity remained a problem. On May 25, the UN Working Group on Arbitrary Arrests expressed concern about the conditions in the special facilities for persons with disabilities and over the ongoing prosecution of human rights defenders, journalists, and political opposition.

In one of the more prominent examples of arbitrary arrest during the year, according to activists, authorities detained 185 individuals prior to, during, and after authorized rallies held on September 11, 17, and 18 in opposition to the September 26 referendum on amending the constitution.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Internal Affairs and the State Security Service are responsible for security within the country and report directly to the president. The Ministry of Internal Affairs oversees local police forces and maintains internal civil defense troops. In December 2015 the Ministry of National Security, which oversaw intelligence and counterintelligence activities and had a separate internal security force, was dissolved by presidential order. Its functions were split between the State Security Service, dealing with domestic matters, and the Foreign Intelligence Service, focused on foreign intelligence and counterintelligence issues. NGOs reported that both services detained individuals who exercised their rights to fundamental freedoms, including freedom of expression. The State Migration Service and the State Border Service are responsible for migration and border enforcement.

Police crowd-control tactics varied during the year. In some cases police detained peaceful protesters and used excessive force against them.

While security forces generally acted with impunity, the Ministry of Internal Affairs stated that in the first nine months of the year, it took administrative disciplinary action against 259 employees for violation of human rights and freedoms(197 cases), unjustified detentions (12 cases), and rude treatment (62 cases).

Corruption among law enforcement officers was a problem. Low wages contributed to police corruption. In the first nine months of the year, the Ministry of Internal Affairs reported it took disciplinary action against 16 employees in connection with eight cases of corruption, dismissing seven from their institutions, and reassigning nine others. It did not hold any of the employees criminally liable, however.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law provides that persons detained, arrested, or accused of a crime be accorded due process, including being advised immediately of their rights and the reason for their arrest. The government did not always respect these provisions.

According to the law, detainees are to be brought before a judge within 48 hours of arrest and the judge may issue a warrant placing the detainee in pretrial detention, place the detainee under house arrest, or release the detainee. The initial 48-hour arrest period may be extended to 96 hours under extenuating circ*mstances. During pretrial detention or house arrest, the Prosecutor General’s Office is to complete its investigation. Pretrial detention is limited to three months but may be extended by a judge up to 18 months, depending on the alleged crime and the needs of the investigation. Authorities at times detained individuals for several days without warrants, and legal experts asserted that judges sometimes issued warrants after a person was detained. There were reports of detainees not being promptly informed of the charges against them.

On March 22, Sumgayit city police mistakenly detained Rashad Abbasov and used physical force against him until he falsely confessed to stabbing another person. Police later identified the true perpetrator of the crime and released Abbasov, who was immediately hospitalized due to numerous bodily injuries. Abbasov’s family stated that police also used electric shock to force him to admit to the crime. Authorities did not investigate the mistreatment.

The law provides for access to a lawyer from the time of detention, but there were reports that authorities frequently denied lawyers’ access to clients in both politically motivated and routine cases. Access to counsel was poor, particularly outside Baku. Although entitled to legal counsel by law, indigent detainees often did not have such access. In one case, attorneys for arrested youth activists Bayram Mammadov and Giyas Ibrahimov reported they were denied access to their clients for two days, from their May 10 detention until minutes before their May 12 trial. During this period police held the two activists incommunicado.

Police at times held politically sensitive and other suspects incommunicado for periods that ranged from several hours to several days. On August 18, for example, authorities detained opposition Popular Front Party (PFP) youth activist Fuad Ahmadli and held him incommunicado for approximately 10 days. In another notable example, in November 2015 law enforcement forces arrested a large group of religious individuals, including the head of the Muslim Unity Movement, Taleh Baghirzada, (see section 1.c.). Following Baghirzada’s arrest, authorities detained more than 70 persons in different parts of the country. As of November 25, a working group of 24 activists considered 52 of those detained to have been arrested arbitrarily due to lack of evidence provided during court proceedings and were reviewing an additional 20 cases as possible arbitrary arrests.

Prisoners’ family members reported that authorities occasionally restricted visits, especially to persons in pretrial detention, and withheld information about detainees. Days sometimes passed before families could obtain information about detained relatives. Authorities sometimes used family members as leverage to put pressure on individuals to turn themselves in to police or to stop them from reporting police abuse.

A formal bail system existed, but judges did not utilize it during the year.

Arbitrary Arrest: Authorities often made arrests based on spurious charges such as resisting police, illegal possession of drugs or weapons, tax evasion, illegal entrepreneurship, abuse of authority, or inciting public disorder. Local NGOs and international groups such as Amnesty International and Human Rights Watch criticized the government for arresting individuals exercising their fundamental rights and noted that authorities frequently fabricated the charges against them. In particular, police detained individuals who peacefully sought to exercise freedom of expression. For example, on November 7, police in Agstafa District detained PFP youth activist Vusal Zeynalov and charged him with resisting police. The local court sentenced Zeynalov to 30 days of administrative detention. The party headquarters reported that Zeynalov’s critical posts on social networking sites prompted authorities to detain him.

Pretrial Detention: According to the Ministry of Justice, the prison population numbered 23,311 persons, including 730 women. Of these, 3,102 were in pretrial detention. Authorities held persons in pretrial detention for up to 18 months. The Prosecutor General’s Office routinely extended the initial three-month pretrial detention period permitted by law in successive increments of several months until the government completed an investigation.

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

Amnesty: On March 18, the president pardoned 148 prisoners. NGOs considered 14 to have been political prisoners, including Anar Mammadli, chairman of the Election Monitoring and Democracy Studies Center; N!DA activists Rashadat Akhundov, Rashad Hasanov, Mammad Azizov, and Omar Mammadov; journalists Hilal Mammadov and Parviz Hashimli; human rights activist Rasul Jafarov; and the deputy chairman of Musavat Party, Tofig Yagublu. Also released were activists Taleh Khasmammadov, Nemat Panahli, Yadigar Sadigov, and Siraj Karimov. There were reports that authorities pressed some of the released prisoners to write letters seeking forgiveness for past “mistakes” as a condition of their pardon. Several prisoners, such as the chair of the opposition REAL movement, Ilgar Mammadov, reported that authorities used physical abuse, placement into isolation cells, assaults by other prisoners, and threats to family members to extract such letters.

e. Denial of Fair Public Trial

Although the constitution provides for an independent judiciary, judges did not function independently of the executive branch. The judiciary remained largely corrupt and inefficient. Many verdicts were legally insupportable and largely unrelated to the evidence presented during the trial. Outcomes frequently appeared predetermined. Courts often failed to investigate allegations of torture and inhumane treatment of detainees in police custody.

The Ministry of Justice controlled the Judicial Legal Council. The council appoints a judicial selection committee (six judges, a prosecutor, a lawyer, a council representative, a Ministry of Justice representative, and a legal scholar) that administers the judicial selection examination and oversees the long-term judicial training and selection process.

Credible reports indicated that judges and prosecutors took instruction from the Presidential Administration and the Ministry of Justice, particularly in cases of interest to international observers. There were credible allegations that judges routinely accepted bribes.

TRIAL PROCEDURES

The law provides for public trials except in cases involving state, commercial, or professional secrets or confidential, personal, or family matters. The law provides for: the presumption of innocence in criminal cases; the right to be informed promptly of charges; the right to free interpretation as necessary from the moment charged through all appeals; the right to review evidence, confront witnesses, and present evidence at trial; the right of indigent defendants to a court-approved attorney; the rights to adequate time and facilities to prepare a defense; the right not to be compelled to testify or confess guilt; and the right of both defendants and prosecutors to appeal. Authorities did not always respect these provisions.

Judges at times failed to read verdicts publicly or to give the reasoning behind their decisions, leaving defendants without knowledge of the reasoning behind the judgment. Judges also limited the defendant’s right to speak. In the trial of Bayram Mammadov, for example, judges ordered Mammadov to stop speaking and left the chamber when Mammadov asserted his right to make a final statement.

The courts often limited independent observation of trials. Civil society activists and defendants asserted that authorities filled the courtroom with paid agents to occupy more seats. Information regarding trial times and locations was generally available, although there were some exceptions, particularly in the Baku Court of Grave Crimes.

Although the constitution prescribes equal status for prosecutors and defense attorneys, judges often favored prosecutors when assessing motions, oral statements, and evidence submitted by defense counsel, without regard to the merits of their respective arguments. Lawyers for the accused in the Nardaran case noted that judges and prosecutors left the courtroom together to discuss a defense motion before it was denied. Judges also reserved the right to remove defense lawyers in civil cases for “good cause.” In criminal proceedings, judges may remove defense lawyers because of a conflict of interest, such as the placement of defense lawyers onto the witness list, or if a defendant requests a change of counsel.

The law limits representation in criminal cases to members of the country’s government-influenced Collegium (bar association). The number of defense lawyers willing and able to accept sensitive cases reportedly declined during the year due to various measures taken by authorities, including by the Collegium’s presidium, its managing body. Such measures included disbarment or threats of disbarment. For example, the Collegium disbarred lawyer Muzaffar Bakhishov after he criticized Supreme Court chairman Ramiz Rzayev. There were reports of Collegium pressure on lawyers. On April 1, the Collegium strongly reprimanded lawyers Bahruz Bayramov and Elchin Sadigov for “disrespect” when they objected to the court hearing the case of their client, Parviz Hashimli, in his absence. There were also reports of police physically intimidating lawyers, pressure from prosecutors and police, and occasional harassment of family members. Most of the country’s human rights defense lawyers practiced in Baku, which made it difficult for people living outside of Baku to receive timely and quality legal service.

The constitution prohibits the use of illegally obtained evidence. Despite some defendants’ claims that authorities obtained testimony through torture or abuse, courts did not dismiss cases based on claims of abuse, and there was no independent forensic investigator to substantiate allegations of abuse. Human rights monitors reported judges often ignored claims of police mistreatment. Examples during the year of judges ignoring such claims included the “Nardaran case” and the case against N!DA activists Bayram Mammadov and Giyas Ibrahimov (see section 1.c.). According to the UN Working Group on Arbitrary Detention, whereas it received “a large number of testimonies” of torture and mistreatment during its May visit to the country, none of the country’s officials or detainees with whom the group met indicated that a judge had questioned a detainee on his/her treatment in custody.

Investigations often focused on obtaining confessions rather than gathering physical evidence against suspects. Serious crimes brought before the courts most often ended in conviction, since judges generally sought only a minimal level of proof and collaborated closely with prosecutors.

With the exception of the Baku Court of Grave Crimes, human rights advocates also reported courts often failed to provide interpreters despite the constitutional right of an accused person to interpretation. Courts are entitled to contract interpreters during hearings, with expenses covered by the state budget.

There were no verbatim transcripts of judicial proceedings. Although some of the newer courts in Baku made audio recordings of proceedings, courts did not record most court testimonies, oral arguments, and judicial decisions. Instead, the court recording officer generally decided the content of notes, which tended to be sparse.

The country has a military court system with civilian judges. The Military Court retains original jurisdiction over any case related to war or military service.

POLITICAL PRISONERS AND DETAINEES

In addition to the presidential pardons of 14 individuals widely considered political prisoners (see section 1.d.), authorities released three others in the spring: journalists Rauf Mirkadirov and Khadija Ismayilova, and defense lawyer Intigam Aliyev. Despite the release of these 17 individuals, local NGO activists estimated the number of political prisoners and detainees to range from 119 to 160. According to Human Rights Watch, at least 25 government critics remained incarcerated for politically motivated reasons at year’s end. NGO lists included the following incarcerated individuals, many of whom Amnesty International considered prisoners of conscience (also see sections 1.f., 2.a., 2.c., 3, 4, and 5).

On June 28, the Baku Court of Grave Crimes sentenced Rufat Zahidov and Rovshan Zahidov to six years in prison on charges of alleged possession of illegal drugs. Human rights activists and their lawyer stated that both defendants were imprisoned for being relatives of exiled opposition journalist and former political prisoner Ganimat Zahid. Editor in chief ofAzadliqnewspaper Zahid resided in France and published articles critical of Azerbaijani authorities on his online news outlet,Azerbaycan saati(Azerbaijan hour).

On April 19, authorities allowed prominent activists Leyla and Arif Yunus to leave the country for medical treatment after a number of court appeals. In August 2015 the Baku Court of Grave Crimes sentenced Leyla Yunus to eight and one-half years in prison for fraud, tax evasion, illegal entrepreneurship, and forging official documents, and her husband, Arif Yunus, to seven years in prison for fraud.

On October 25, the Baku Court of Grave Crimes sentenced N!DA youth activist Giyas Ibrahimov to 10 years’ imprisonment for alleged drug possession. Authorities had arrested him and fellow youth activist Bayram Mammadov in May, after closed-circuit television footage showed them defacing a monument of former president Heydar Aliyev with graffiti. NGOs reported that, while in custody, they were tortured into confessing to drug possession charges (see section 1.c.). On December 9, the Court of Grave Crimes sentenced Mammadov to 10 years on similar charges.

Individuals considered by activists to be political detainees included Muslim Unity Movement leader Taleh Baghirzada (see section 1.c. and the Department of State’sInternational Religious Freedom Report,www.state.gov/religiousfreedomreport/) and deputy chairman of the opposition Popular Front party Fuad Gahramanli (see section 3). NGO lists also included individuals convicted in previous years, including REAL movement chair Ilgar Mammadov, who remained incarcerated despite a 2014 ruling by the European Court of Human Rights calling for his release; N!DA activist Ilkin Rustamzade; and journalist Seymur Hazi.

By law political prisoners are entitled to the same rights as other prisoners, although restrictions on them varied. Authorities provided international humanitarian organizations access to political prisoners.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Citizens have the right to file lawsuits seeking damages for, or cessation of, human rights violations. The law does not provide for a jury trial in civil matters; a judge decides all civil cases. District courts have jurisdiction over civil matters in their first hearing; the Court of Appeals and then the Supreme Court address appeals. As with criminal trials, all citizens have the right to appeal to the European Court of Human Rights (ECHR) within six months of exhausting all domestic legal options, including an appeal to and ruling by the Supreme Court.

Citizens exercised the right to appeal local court rulings to the ECHR and brought claims of government violations of commitments under the European Convention on Human Rights. The government’s compliance with ECHR decisions was mixed. For example, it implemented the part of one 2014 ECHR judgment requiring it to pay 22,000 euros ($24,200) in compensation to Ilgar Mammadov for violating his rights but failed to release Mammadov as stipulated by the judgment.

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

The law prohibits arbitrary invasions of privacy and monitoring of correspondence and other private communications. The government generally did not respect these legal prohibitions.

While the constitution allows for searches of residences only with a court order or in cases specifically provided for by law, authorities often conducted searches without warrants. It was widely reported that the State Security Service and the Ministry of Internal Affairs monitored telephone and internet communications, particularly those of foreigners, youth figures active online, some political and business figures, and persons engaged in international communication. There were indications the postal service monitored certain politically sensitive mail. For example, the postal service reportedly twice “lost” Popular Front deputy chairman Fuad Gahramanli’s appeal of his case to the European Court of Human Rights.

Police continued to intimidate, harass, and sometimes arrest family members of suspected criminals, independent journalists, political opposition members and leaders, as well as employees and leaders of certain NGOs. For example, Elnur Seyidov, opposition Popular Front Party chairman Ali Kerimli’s brother-in-law, remained incarcerated since 2012 on charges widely viewed as politically motivated. In February the Ministry of Internal Affairs of the Nakhchivan Autonomous Republic threatened to arrest the family members of exiled businessman Mammad Gurbanov if he did not stop criticizing authorities. Gurbanov left Nakhchivan after reportedly experiencing long-standing harassment and physical abuse by police.

There were several examples of the use of politically motivated incarceration of relatives as a means of pressuring exiles. In the summer of 2015, authorities arrested Rufat and Rovshan Zahidov, relatives of the exiled editor of the opposition newspaperAzadliq,Ganimat Zahidov. In November the two incarcerated relatives publicly denounced Ganimat Zahidov, but he had not been released as of year’s end. In July 2015 authorities also incarcerated Nazim Aghabeyov, the brother-in-law of well-known journalist in exile Emin Milli. Aghabeyov was conditionally released on April 22. On September 29, opposition leader Jamil Hasanli’s daughter, Gunel Hasanli, was released from prison after serving nine months on charges that activists considered were politically motivated.

In September, prior, during, and after rallies against the referendum on constitutional amendments, police interrogated and reportedly intimidated family members of political and human rights activists as well as of independent journalists.

There were also reports that authorities fired individuals from their jobs or had individuals fired in retaliation for the political or civic activities of family members.

NGOs reported that authorities did not respect the laws governing eminent domain and expropriation of property. Homeowners often received compensation well below market value for expropriated property and had little legal recourse. NGOs also reported that many citizens did not trust the court system and were therefore reluctant to pursue compensation claims.

a. Freedom of Speech and Press

While the law provides for freedom of speech and press and specifically prohibits press censorship, the government habitually violated these rights. The government limited freedom of speech and media independence. Journalists faced intimidation and at times were beaten and imprisoned. NGOs considered at least six journalists and bloggers to be political prisoners or detainees as of year’s end. During the year authorities continued pressure on media, journalists in exile, and their relatives.

Freedom of Speech and Expression: The constitution provides for freedom of speech, but the government continued to repress subjects considered politically sensitive. For example, in the period leading up to the September constitutional referendum, authorities arrested selected activists who criticized the referendum. Arrests included that of opposition activist and economist Natig Jafarli, the executive secretary of the opposition REAL Movement, on August 12. Activists who were arrested were secular democratic opposition figures, although authorities cited alleged ties to Muslim cleric Fethullah Gulen, who was accused by Turkey of having organized the failed July 15 coup attempt there, to justify some of the arrests. Activists whose arrests were based on such alleged ties included Fuad Ahmadli of the opposition Popular Front Party, and Faiq Amirov, the financial director of opposition newspaperAzadliq, who was also the assistant to Popular Front Party chair Ali Karimli.

In October Human Rights Watch reported the government continued to crack down on critics and dissenting voices, including through the politically motivated arrests of at least 20 political and youth activists during the year. The incarceration of persons who attempted to exercise freedom of speech raised concerns about authorities’ use of the judicial system to punish dissent. In addition, the government attempted to impede criticism by threatening some peaceful activists who spoke out against politically motivated imprisonments–including those in the Nardaran case (see section 1.c.)–and by monitoring political and civil society meetings.

The constitution prohibits hate speech, defined as “propaganda provoking racial, national, religious and social discord and animosity.” Under the September constitutional referendum, “hostility based on any other criteria” also is prohibited.

Press and Media Freedoms: A number of opposition and independent print and online media outlets expressed a wide variety of views on government policies. Newspaper circulation rates remained low, not surpassing 5,000 in most cases.

Beginning in 2014 the government blocked the sale of newspapers in the metro and on the street, limiting sales to government-approved kiosks. During the year the government restricted the sale of opposition newspapers at such kiosks. Credible reports indicated opposition newspapers were available outside Baku only in limited numbers due to the refusal of a number of distributors to carry them. In September the opposition newspaperAzadligdiscontinued its print edition when it was unable to conduct banking operations following the arrest of its financial director, who was also an active member of the Popular Front Party. Authorities then prevented the newspaper from continuing payment on loans.

The law allows authorities to close media outlets deemed to be broadcasting extremist propaganda or discriminating on ethnic grounds, among other offenses. On July 29, the Baku Court of Appeals revoked the license of the semi-independent privately owned ANS television station based on a lawsuit filed by the National Television and Radio Council (NTRC). The lawsuit was initiated after ANS announced its intention to air an interview with exiled Turkish religious figure Fethullah Gulen and Turkish authorities protested the planned broadcast after accusing Gulen of plotting the July 15 coup attempt in Turkey. The NTRC accused ANS of propagating terrorism and violating the law. ANS appealed; on September 21, the Supreme Court upheld the Court of Appeals verdict, resulting in the closure of what had been the country’s sole independent television station until late 2006, when its independence began to decline. It had operated for 25 years.

Foreign services, including Voice of America, Radio Free Europe/Radio Liberty (RFE/RL), and the BBC, remained prohibited from broadcasting on FM radio frequencies, although the Russian service Sputnik was allowed to broadcast news on a local radio network.

While authorities released six journalists and bloggers during the year, local NGOs considered at least seven journalists and bloggers and two writers/poets to be political prisoners or detainees as of year’s end. For example, on January 29, the Absheron District Court sentenced oppositionAzadlignewspaper journalist Seymur Hazi to five years in prison. Authorities continued exerting pressure on leading media rights organizations similar to that applied to other NGOs in the country.

During the year authorities continued pressure on independent media outlets outside the country and those associated with them in the country. For example, authorities continued the criminal case against Meydan TV initiated in August 2015. The Prosecutor General’s Office investigated more than 15 individuals in the case for alleged illegal entrepreneurship, tax evasion, and abuse of power. Official pressure on journalists also included the incarceration of relatives of journalists in exile, includingAzadliqeditor in chief Ganimat Zahidov’s nephew and cousin, and bans on an increasing number of journalists and some relatives of journalists in exile from traveling outside the country (see section 2.d.).

Violence and Harassment: Local observers reported 33 physical assaults on at least 21 journalists during the year. The attacks mainly targeted journalists from Radio Liberty,Azadliqand other newspapers, Meydan TV, and Obyektiv Television. For example, on November 26, police detained journalist Teymur Karimov from internet-based TV Kanal 13 after an unknown person attacked Karimov while he was preparing a video report on water supply problems in the Barda District. Police threatened the journalist with filing a criminal case on charges of assault if he did not erase all his recordings.

Impunity for assaults against journalists remained a problem. The Institute for Reporters’ Freedom and Safety (IRFS) reported in August that more than nine out of every 10 cases of physical attacks on journalists remained unsolved. There were no indications authorities held police officers accountable for physical assaults on journalists in prior years.

Journalists and media rights leaders continued to call for full accountability for the August 2015 beating and death of journalist and IRFS chairman Rasim Aliyev, who reported receiving threatening messages three weeks earlier; the 2011 killing of journalist Rafiq Tagi, against whom Iranian cleric Grand Ayatollah Fazel Lankarani issued a fatwa; and the 2005 killing of independent editor and journalist Elmar Huseynov.

Lawsuits suspected of being politically motivated were used also to intimidate journalists and media outlets. During the year approximately 29 court cases were initiated against journalists or media outlets, with plaintiffs demanding 1.3 million manat ($720,000) in compensation; courts ultimately imposed 95,000 manat ($53,000) in fines.

The majority of independent and opposition newspapers remained in a precarious financial situation and experienced problems paying wages, taxes, and periodic court fines. Most relied on political parties, influential sponsors, or the State Media Fund for financing.

The government prohibited some state libraries from subscribing to opposition and independent newspapers, prevented state businesses from buying advertising in opposition newspapers, and put pressure on private businesses not to advertise in them. As a result, paid advertising was largely absent in opposition media. Political commentators noted these practices reduced the wages that opposition and independent outlets could pay to their journalists, which allowed progovernment outlets to hire away quality staff. In addition, international media monitoring reports indicated that intimidation by Ministry of Taxes authorities further limited the independence of media.

Censorship or Content Restrictions: Most media practiced self-censorship and avoided topics considered politically sensitive due to fear of government retaliation. The NTRC required that local, privately owned television and radio stations not rebroadcast complete news programs of foreign origin.

On June 12, police seized the work of the Ganun Publishing House in Baku under the pretext of having received a bomb threat to the building. Civil society activists reported that authorities raided the publishing house after it printed posters advocating the release of imprisoned head of the REAL democratic movement, Ilgar Mammadov. The director of the publishing house, Shahbaz Khuduoghlu, reported that police took some published materials and printing molds from the office.

Libel/Slander Laws: Libel is a criminal offense and covers written and verbal statements. The law provides for large fines and up to three years’ imprisonment for persons convicted of libel. Conviction of defamation is punishable by fines ranging from 100 to 1,000 manat ($55.60 to $556) and imprisonment for six months to three years.

INTERNET FREEDOM

The websites of Voice of America, RFE/RL, and Germany-based opposition media outlet Meydan TV were intermittently blocked during the year.

Radio Liberty and the opposition newspaperAzadligreported denial of access to their Internet-based resources on November 28 and December 2 for publicizing critical online articles on proposed legislative amendments in the parliament. These outages became chronic by mid-December, with Voice of America and RFE/RL becoming only sporadically available inside Azerbaijan. Although the government denied involvement, the outages originated from within Delta Telecom, a company with close ties to the government that controlled over 90 percent of Internet traffic in Azerbaijan. The government also required internet service providers to be licensed and have formal agreements with the Ministry of Communications and High Technologies. According to International Telecommunication Union statistics, approximately 77 percent of the country’s population used the internet in 2015.

The law imposes criminal penalties for conviction of libel and insult on the internet. On November 29, the Milli Mejlis passed new articles to the criminal code that expand those penalties. Article 148-1, stipulates fines of from 1,000 to 1,500 manat ($556 to $833), or public works from 360 to 480 hours, or corrective work up to two years or one year imprisonment for insults and slander through using fake web nicknames or Internet profiles. A second new provision, Article 323, stipulates fines from 1,000 up to 1,500 manat ($556 to $833) or imprisonment up to three years for insulting the honor and dignity of the president.

There were strong indications that the government monitored the internet communications of democracy activists. For example, after detaining Popular Front deputy chairman Fuad Gahramanli in December 2015, authorities prosecuted him on charges related to his exercise of freedom of expression on Facebook (see section 1.e.). In addition, many youth activists who were questioned, detained, or jailed frequently had posted criticism of alleged government corruption and human rights abuses online. The activists included video blogger Husseyn Azizoghlu, who had posted videos online that mocked police officers for planting drugs and falsifying evidence and was detained for 15 days on January. Other cases involved Popular Front Party member Fizuli Huseynov, who received 30 days’ detention on January 27 after having criticized the government on Facebook, and blogger Mehman Huseynov, who was briefly detained in September and threatened with physical abuse if he did not stop posting video and images of police violence.

The Freedom House annualFreedom on the Netreport, covering the period June 2015 through May, stated that the government “demonstrated its willingness to shutdown connectivity in times of civil unrest, disconnecting the entire village of Nardaran from the internet for several days following police clashes.” The report acknowledged that the government did not extensively block online content, while noting that “netizens” (citizens of the net) and their families faced arrest and intimidation.

ACADEMIC FREEDOM AND CULTURAL EVENTS

The government on occasion restricted academic freedom. Opposition party members continued to report difficulties finding jobs teaching at schools and universities. Authorities fired most known opposition party members teaching in state educational institutions in previous years. NGOs reported local executive authorities occasionally prevented the expression of minority cultures, for example, by prohibiting cultural events at local community centers and the teaching of local dialects.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

While the law provides for freedom of assembly, the government severely restricted the right. Authorities at times responded to peaceful protests and assemblies by using force and detaining protesters.

While the constitution stipulates that groups may peacefully assemble after notifying the relevant government body in advance, the government continued to interpret this provision as a requirement for prior permission. Local authorities required all rallies to be preapproved and held at designated locations, often at inconvenient sites, although a site often used in the outskirts of Baku was easily accessible by metro and bus. Most political parties and NGOs found the requirements unacceptable and believed them to be unconstitutional. Authorities throughout the country routinely refused to acknowledge notifications of planned public rallies, thereby effectively denying the freedom to assemble.

As modified by the September 26 referendum, the constitution provides that public gatherings not disrupt “public order and public morals.” The Venice Commission’s September 20 preliminary opinion on the proposed constitutional amendments noted that it is “almost inevitable” that peaceful gatherings may disrupt public order (for example, by disturbing traffic) or disturb someone’s views on morality and yet be permissible under the European Convention on Human Rights. The commission concluded, “The State should allow such gatherings and even facilitate them provided that those disturbances are not excessive and help convey the message of the public event.”

Early in the year, the devaluation of the local currency (manat) and worsening economic conditions sparked protests in different parts of the country, beginning on January 6 in the town of Saatli. On January 12, after dispersing a protest in Lankaran, police detained opposition Popular Front Party activist Nazim Hasanov and Musavat Party activist Imanverdi Aliyev. Both were sentenced to 30 days’ detention on charges of inciting people to public disorder. On January 13, Interior Ministry security forces used tear gas to disperse protesters in Siyazan. Police later reported that 55 persons were detained for participation in the various protests.

Activists reported that police harassed and/or detained 185 persons before, during, and after authorized rallies on September 11, 17, and 18 against the referendum on constitutional amendments. The courts subsequently sentenced 12 opposition activists to administrative detention that ranged from eight to 30 days, allegedly for resisting police, and fined one opposition activist 200 manat ($111) for violating public order.

The law permits administrative detention for up to three months for misdemeanors and up to one month for resisting police. Punishment for those who fail to follow a court order (including failure to pay a fine) may include fines of 500 to 1,000 manat ($278 to $556) and punishment of up to one month of administrative detention.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, but the law places some restrictions on this right, and amendments enacted during 2014 severely constrained NGO activities. Citing these amended laws, authorities conducted numerous criminal investigations into the activities of independent organizations, froze bank accounts, and harassed local staff, including incarcerating and placing travel bans on some NGO leaders. Consequently, a number of NGOs were unable to operate.

A number of legal provisions allow the government to regulate the activities of political parties, religious groups, businesses, and NGOs, including requiring NGOs to register with the Ministry of Justice if they seek “legal personality” status. Although the law requires the government to act on NGO registration applications within 30 days of receipt (or within an additional 30 days, if further investigation is required), vague, onerous, and nontransparent registration procedures continued to result in long delays that limited citizens’ right to associate. Other laws restrict freedom of association, for example, by requiring deputy heads of NGO branches to be citizens if the branch head is a foreigner. Authorities routinely rejected the registration applications of NGOs whose names contained the words “human rights,” “democracy,” “institute,” and “society.”

Laws affecting grants and donations imposed a de facto prohibition on NGOs receiving cash donations and made it nearly impossible for NGOs to receive anonymous donations or to solicit contributions from the public.

In 2014 the president approved a number of amendments to the administrative code and the laws on NGOs, grants, and registration of legal entities that imposed additional restrictions on NGO activities and closed several loopholes for the operations of unregistered, independent, and foreign organizations. The laws make unregistered and foreign NGOs vulnerable to involuntary dissolution, intimidated and dissuaded potential activists and donors from joining and supporting civil society organizations, and restricted their ability to provide grants to unregistered local groups or individual heads of such organizations.

A resolution detailing new grant registration implementing regulations, enacted by the Council of Ministers in June 2015, sets a 15-day limit for NGOs to register their grants with the appropriate ministry, 15 days for the ministry to approve or deny the registration, and an extension of 15 days if further investigation by the ministry is needed. Based on extensive authority provided in the 2014 amendments, the Ministry of Justice put into effect new rules on monitoring NGO activities in February. The rules empower the ministry to conduct intrusive inspections of NGOs, with few provisions protecting the rights of NGOs and the potential of harsh fines if they do not cooperate.

A far-reaching criminal investigation opened in 2014 into the activities of numerous domestic and international NGOs and local leadership continued during the year. The investigation covered prominent independent organizations focused on human rights and transparency in natural resource governance, as well as international organizations providing assistance to citizens. As a result of the investigation, at least 32 organizations closed rather than subject their staff to continued pressure and the prospect of incarceration. Authorities froze dozens of NGO bank accounts as well as the personal accounts of a number of organization heads. Domestic and international NGOs described the criminal investigations, arrests, bank account closures, and other pressure as a crackdown on civil society unprecedented for the country (see section 5). A few activists affiliated with the Extractive Industries Transparency Initiative (a civil society coalition) reported that the government lifted the freeze on their bank accounts. Others affiliated with the coalition reported government constraints on their ability to operate.

The government continued to implement rules pursuant to a law that requires foreign NGOs wishing to operate in the country to sign an agreement and register with the Ministry of Justice. Foreign NGOs wishing to register a branch in the country are required to demonstrate they support “the Azerbaijani people’s national and cultural values” and commit not to be involved in religious and political propaganda. The decree does not specify any time limit for the registration procedure and effectively allows for unlimited discretion of the government to decide whether to register a foreign NGO. As of year’s end, no foreign NGOs had been able to register under these rules.

The Ministry of Justice reported it registered 99 NGOs and did not observe the practice of nonacceptance of applications during the year. The Ministry of Justice registered the human rights-focused NGO of Oktay Gulaliyev immediately before the Extractive Industries Transparency Initiative board meeting in October, but it changed its name and removed all references to human rights. Some experts estimated 1,000 NGOs remained unregistered.

c. Freedom of Religion

See the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights; however, the government limited freedom of movement for an increasing number of activists and journalists.

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

Foreign Travel: The number of activists and journalists whom the authorities prevented from traveling outside the country increased compared to the previous year. Examples included Popular Front Party chairman Ali Kerimli (since 2006), blogger Mehman Huseynov, investigative journalist Khadija Ismayilova, lawyers Intigam Aliyev and Asabali Mustafayev, opposition REAL members Natig Jafarli and Azer Gasimli, Emin Milli’s brother-in-law Nazim Agabeyov, and at least 15 freelance journalists who filed material with Meydan TV.

The law requires men of draft age to register with military authorities before traveling abroad. Authorities placed some travel restrictions on military personnel with access to national security information. Citizens charged with or convicted of criminal offenses but given suspended sentences were also not permitted to travel abroad.

INTERNALLY DISPLACED PERSONS

UNHCR reported 613,129 registered IDPs in the country as of December 31, including persons in IDP-like situations. The vast majority fled their homes between 1988 and 1993 as a result of the Nagorno-Karabakh conflict.

The IDPs were initially required to register their places of residence with authorities and could live only in approved areas. This “propiska” registration system, which formally ceased to exist after the breakup of the Soviet Union, was enforced mainly against persons who were forced from their homes after separatists, with Armenia’s support, took control of Nagorno-Karabakh and seven surrounding Azerbaijani territories. The government asserted that registration was needed to keep track of IDPs to assist them.

According to the Internal Displacement Monitoring Center, many IDPs who resided in Baku were unable to register their residences or gain access to formal employment, government assistance, health care, education, or pensions and had difficulty buying property.

Significant numbers of IDPs remained in overcrowded collective centers, where they were socially marginalized with limited employment opportunities and high rates of poverty. The law requires IDPs to register in the districts where they reside, and registration is necessary to obtain IDP status. Temporary registration where IDPs reside does not restrict migration within the country.

According to the government, it allocated 290 million manat ($161 million) to the State Committee for IDPs during the year. UNHCR reported that during the year the government rehoused 1,620 families, representing approximately 7,000 individuals, primarily in Fizuli, Sabirabad, Baku, Gazakh, and Zagatala.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to some refugees through the Refugee Status Determination Department at the State Migration Service, which is responsible for all refugee matters. Although UNHCR noted some improvements, the country’s refugee-status determination system did not meet international standards. International NGOs continued to report that the service remained inefficient and did not operate transparently.

Safe Country of Origin/Transit: According to UNHCR, the country did not allow Russian citizens fleeing the conflict in Chechnya access to the national asylum procedure. UNHCR noted, however, that the country tolerated the presence of Chechen asylum seekers and accepted UNHCR’s role in providing for their protection and humanitarian needs.

Access to Basic Services: The estimated 1,193 refugees in the country lacked access to social services.

STATELESS PERSONS

Amendments to the constitution adopted by referendum on September 26 allow Azerbaijani citizenship to be removed “as provided by law.” Previously, the constitution explicitly prohibited the loss of citizenship.

According to UNHCR statistics, there were 3,585 persons in the country under UNHCR’s statelessness mandate at the end of the year. According to the State Migration Service, 245 foreigners and stateless persons were granted citizenship during the year, and citizenship was restored to two persons. The vast majority of stateless persons were ethnic Azeris from Georgia or Iran. NGOs stated there were many other undocumented stateless persons, with estimates ranging from hundreds to tens of thousands.

While the law provides for the right to apply for stateless status, some persons could not obtain the documentation required for the application and therefore remained formally unrecognized. The law on citizenship makes it difficult for foreigners and stateless persons to obtain citizenship.

For the most part, stateless persons enjoyed freedom of movement. The law permits stateless persons access to basic rights, such as access to health care and employment. Nevertheless, their lack of legal status at times hindered stateless persons’ access to these rights.

Although the constitution provides citizens the ability to choose their government through free and fair elections based on universal and equal suffrage, held by secret ballot, the government continued to restrict this ability by interfering in the electoral process. While the law provides for an independent legislative branch, the Milli Mejlis exercised little initiative independent of the executive branch.

Elections and Political Participation

Recent Elections: The OSCE Office for Democratic Institutions and Human Rights (ODIHR) cancelled its observation of the November 2015 legislative elections when the government refused to accept ODIHR’s recommended number of election observers. Without ODIHR participation, it was impossible to assess properly the fairness of the elections.

Independent local and international monitors who observed the election alleged a wide range of irregularities throughout the country, including blocking observers from entering polling stations, ballot stuffing, carousel voting, and voting by unregistered individuals; opposition monitors also alleged such irregularities. The country’s main opposition parties boycotted the election.

The 2013 presidential election fell short of international standards. In their joint statement of preliminary findings and conclusions on the election, ODIHR and the OSCE Parliamentary Assembly highlighted serious shortcomings that needed to be addressed for the country to meet its OSCE commitments fully. On election day, OSCE Parliamentary Assembly and ODIHR observers noted procedural irregularities, including ballot box stuffing, serious problems with vote counting in 58 percent of observed polling stations, and failure to record the number of ballots received. The ODIHR report noted that, prior to election day, the government maintained a repressive political environment that did not provide the fundamental freedoms of assembly, association, and expression necessary for a free and fair electoral competition. Authorities interfered with the media and civil society routinely, sometimes violently interrupted peaceful rallies and meetings before and occasionally during the 23-day campaign period, and jailed a number of opposition and youth activists. Neither the election administration nor the judiciary provided effective redress for appeals. Credible NGOs reported similar shortcomings.

On September 26, the government conducted a referendum on 29 proposed constitutional amendments, with voters having the option to vote on each proposed amendment separately. Amendments included provisions extending the presidential term from five to seven years, permitting the president to call early elections if twice in one-year legislators pass no-confidence measures in the government or reject presidential nominees to key government posts. The amendments also authorized the president to appoint one or more vice presidents, designating the senior vice president as first in the line of presidential succession in place of the prime minister, who is approved by parliament.

After polls closed, the Central Electoral Commission (CEC) announced that all 29 amendments were approved by 69.8 percent of registered voters. While observers from the Council of Europe’s Parliamentary Assembly reported the referendum was well executed, independent election observers who were unaccredited identified numerous instances of ballot stuffing, carousel voting, and other irregularities, many of which were captured on video. They also observed significantly lower turnout than was officially reported by the CEC.

Political Parties and Political Participation: While there were 50 registered political parties, the ruling Yeni Azerbaijan Party dominated the political system. Domestic observers reported that membership in the ruling party conferred advantages, such as preference for public positions. The Milli Mejlis has not included representatives of the country’s main opposition parties since 2010.

Opposition members were more likely than other citizens to experience official harassment and arbitrary arrest and detention. Members of the N!DA youth movement and the Youth Committee of the Popular Front Party were arrested and sentenced to administrative detention after making social media posts critical of the government. Authorities also attempted to smear the Popular Front Party by insinuating that the PFP was connected to extreme Shiism during the prosecution of the party’s deputy chairman, Fuad Gahramanli, for his support of the rights of Muslim Unity Movement members. Authorities similarly alleged ties to Sunni Gulenism when they arrested PFP chairman Ali Karimli’s assistant, Faig Amirli.

According to domestic NGOs’ joint list of political prisoners, several political detainees or prisoners were opposition party or movement members. At least 12 opposition members were considered to be political prisoners, such as REAL movement chairman Ilgar Mammadov, who was convicted in 2015 and sentenced to seven years’ imprisonment for allegedly inciting civil unrest (see section 5). At least 10 opposition figures were considered to be political detainees, including Popular Front deputy chairman Fuad Gahramanli, who was detained in December 2015 on charges that appeared connected with his exercise of freedom of expression (see section 2.a.).

Regional party members often had to conceal the purpose of their gatherings and held them in remote locations. Opposition party members reported police often dispersed small gatherings at teahouses and detained participants for questioning. Opposition parties continued to have difficulty renting office space, reportedly because landlords feared official retaliation; some parties operated from their leaders’ apartments.

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

The law provides criminal penalties for conviction of corruption by officials, but the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. While the government made some progress combatting low-level corruption in provision of government services, high-level corruption remained a problem. Transparency International and other observers described corruption as widespread during the year.

There were continued reports that authorities targeted some whistleblowers seeking to combat government corruption. For example, activists stated former Zardab district prosecutor Rufat Safarov was framed for extortion after speaking out against corruption in the prosecution service. On September 8, he was convicted in the Lankaran Grave Crimes Court and sentenced to nine years in prison. Local NGOs considered him a political prisoner.

Corruption: There continued to be reports that the families of several high-level officials were beneficiaries of monopolies. Authorities initiated some criminal cases related to bribery and other forms of government corruption during the year, although few senior officials were prosecuted.

Following the October 2015 dismissal of the national security minister Eldar Mahmudov and other ministry officials, in December 2016 the Baku Court of Grave Crimes began a criminal trial against several former high-ranking officials of the now defunct National Security Ministry, accusing them of abuse of power, illegal inspection of businesses, extortion, bribery, and blackmail. The case’s investigation had led to the removal of officials from other ministries on related charges of corruption, including the former communications minister Ali Abbasov and nine ministry and public telecommunications employees.

There was widespread belief that a bribe could obtain a waiver of the military service obligation, which is universal for men between the ages of 18 and 35. Citizens also reported military personnel could buy assignments to easier military duties for a smaller bribe.

The president and Presidential Administration continued a well-publicized program to decrease corruption at lower levels of public administration. The State Agency for Public Service and Social Innovations (ASAN) service centers functioned as a one-stop location for government services, such as birth certificates and marriage licenses, from nine ministries.

The Prosecutor General’s Office includes an Anticorruption Department that took 201 cases involving 313 persons to court during 2016. The department also sought recovery of proceeds from crime, made recommendations, and issued mandatory instructions to eliminate conditions conducive to corruption.

Financial Disclosure: The law requires officials to submit reports on their financial situation, and the electoral code requires all candidates to submit financial statements. The process of submitting reports was complex and nontransparent, with several agencies and bodies designated as recipients, including the Anticorruption Commission, the Milli Mejlis, the Ministry of Justice, and the Central Election Commission, although their monitoring roles were not well understood. The public did not have access to the reports. The law contemplates administrative sanctions for noncompliance, but the sanctions were not imposed.

The law prohibits the public release of the names and capital investments of business owners. Critics claimed the amendments were an attempt to curb investigative journalism into government officials’ business interests and could decrease public access to information.

Public Access to Information: The law provides for public access to government information by individuals and organizations, but the government often did not allow it. Various ministries routinely denied requests, claiming not to possess information, although the ministries also claimed to have separate procedures on how to request information. Individuals have the right to appeal denials in court, but the courts generally upheld ministry decisions.

The government continued to limit severely the operations of domestic and international human rights groups during the year. Application of restrictive laws to constrain NGO activities, and other pressure continued at the high level of recent years. Leading human rights NGOs faced a hostile environment for investigating and publishing their findings on human rights cases. As a result, some activists left, others stayed outside the country, and a number of NGOs remained unable to operate. While authorities released at least four human rights defenders, their ability to work was constrained by the overall restrictions on NGO activities. Prominent human rights defender Aliabbas Rustamov remained incarcerated and was widely considered a political prisoner. In addition, authorities imposed restrictions such as travel bans on some of the defenders, including on prominent human rights lawyer Intigam Aliyev, and had not returned Aliyev’s case files or his organization’s office equipment as of year’s end.

While the government maintained ties with some human rights NGOs and responded to their inquiries, on numerous occasions it criticized and intimidated other human rights NGOs and activists. The Ministry of Justice continued to deny registration or placed burdensome administrative restrictions on human rights NGOs on arbitrary grounds. Activists also reported that authorities refused to register their organizations or grants, continued investigations into organizations’ activities, froze their personal and organizational bank accounts, and did not return previously seized office equipment. Some NGO representatives also reported that they or a family member suffered physical assault with impunity. Many representatives reported difficulty locating office or event space, particularly in hotels and especially for events occurring outside Baku.

Senior government officials engaged in ad hominem attacks on human rights activists. State-run media outlets accused Amnesty International, Human Rights Watch, Freedom House, and Reporters without Borders of supporting “antinational elements.” On multiple occasions, Presidential Administration officials accused local and foreign NGOs of representing foreign interests seeking to destabilize the country and, therefore, of subversive activity, naming specific democracy and human rights groups and activists who had been incarcerated.

During the year a government council provided 5.25 million manat ($2.9 million) to 520 NGOs. While observers considered many of the NGOs to be progovernment or politically neutral, some NGOs that criticized the government also received grants.

The United Nations or Other International Bodies: The government viewed with suspicion statements from such organizations, claiming these international bodies had no right to act in ways authorities saw as interfering in the country’s internal affairs.

On September 22, the UN special rapporteur on the situation of human rights defenders, Michel Forst, stated, “civil society of Azerbaijan faces the worst situation since the independence of the country” and called on authorities to rethink their “punitive approach to civil society.” He also noted arrests and detentions of individuals prior to a peaceful protest on September 17 as well as administrative and legal pressure being applied to NGOs and called on the government to establish a dialogue with human rights defenders.

Following the government’s July 2015 closure of the OSCE’s Baku office, the OSCE remained unable to re-establish operations in the country.

Government Human Rights Bodies: Citizens may appeal violations committed by the state or by individuals to the Ombudsman’s Office of the Republic of Azerbaijan for human rights, Elmira Suleymanova, or the ombudsman for human rights for the Nakhchivan Autonomous Republic, Ulkar Bayramova. The ombudsman may refuse to accept cases of abuse that are more than a year old, anonymous, or already being handled by the judiciary. Human rights NGOs criticized the Ombudsman’s Office as lacking independence and effectiveness in cases considered politically motivated.

The Ombudsman’s Office of the Republic of Azerbaijan reported receiving 18,740 complaints in 2016, an increase of 22.3 percent from 2014. The majority of complaints involved alleged violations of property rights, court provisions for the protection of rights and freedoms, social benefits, and labor rights. The Ombudsman’s Office reportedly resolved 63.6 percent of complaints accepted for consideration.

The Ombudsman’s Office of the Nakhchivan Autonomous Republic reported receiving 37 complaints in 2016. The main subjects of the complaints were on labor and social protection rights. The Ombudsman’s Office stated that 10 complaints were resolved successfully and violations of the law were not identified in 27 cases.

Human rights offices in the Milli Mejlis and the Ministry of Justice also heard complaints, conducted investigations, and made recommendations to relevant government bodies.

Women

Rape and Domestic Violence: Rape is illegal and carries a maximum sentence of 15 years in prison. During the year the Ministry of Internal Affairs reported 31 cases of rape and 62 cases of violence of a sexual nature. The ministry stated that 54 persons had been brought to trial for these offenses.

The law establishes a framework for the investigation of domestic violence complaints, defines a process to issue restraining orders, and calls for the establishment of a shelter and rehabilitation center for survivors. Some critics of the domestic violence law asserted that a lack of clear implementing guidelines reduced its effectiveness. Female members of the Milli Mejlis and the head of the State Committee for Family, Women, and Children Affairs (SCFWCA) continued their activities against domestic violence. The committee conducted public awareness campaigns and worked to improve the socioeconomic situation of domestic violence survivors.

Women had limited recourse against assaults by their husbands or others, particularly in rural areas.

The government and an independent NGO each ran a shelter providing assistance and counseling to victims of trafficking and domestic violence.

Sexual Harassment: The government rarely enforced the prohibition of sexual harassment. The SCFWCA worked extensively on women’s problems, including organizing and hosting several conferences that raised awareness of sexual harassment and domestic violence.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; manage their reproductive health; and had access to the information and means to do so, free from discrimination, coercion, and violence. Contraception was widely available, but demographic surveys showed low levels of use. Patriarchal norms based on cultural, historical, and socioeconomic factors in some cases limited women’s reproductive rights.

Discrimination: Although women nominally enjoyed the same legal rights as men, societal discrimination was a problem. Traditional social norms and lagging economic development in rural regions restricted women’s roles in the economy, and there were reports women had difficulty exercising their legal rights due to gender discrimination. There was discrimination against women in employment (see section 7.d.). The SCFWCA conducted public-media campaigns to raise awareness of women’s rights.

Gender-biased Sex Selection: The gender ratio of children born in the country was 114 boys for 100 girls, according to the UN Population Fund. Local experts reported that gender-biased sex selection was widespread, predominantly in rural regions. The SCFWCA conducted seminars and public media campaigns to raise awareness of the problem.

Children

Birth Registration: Children derive citizenship by birth within the country or from their parents. Registration at birth was routine for births in hospitals or clinics. Some children born at home (for example, to Romani or impoverished families) were not registered, and statelessness for those children was a problem. The Ministries of Internal Affairs and Justice registered undocumented children after identifying them as a population vulnerable to trafficking.

Education: While education was compulsory, free, and universal until the age of 17, large families in impoverished rural areas sometimes placed a higher priority on the education of boys and kept girls in the home to work. Some poor families forced their children to work or beg rather than attend school. Although the country scored well in adult literacy and achieving gender parity indexes in the UNESCOEducation for All Global Monitoring Report, it fell either “very far from target” or “far from target” in preprimary, primary, and lower secondary education enrollment projections for the year.

Child Abuse: During the year the Ministry of Internal Affairs reported 179 cases of violence against minors, including six cases of rape involving underage victims, 47 cases of minors subjected to sexual acts, and two cases of forced prostitution. According to the ministry, 139 persons were brought to trial in connection with these cases.

Early and Forced Marriage: The law provides that a girl may marry at the age of 18 or at 17 with local authorities’ permission. The law further states that a boy may marry at the age of 18. The Caucasus Muslim Board defines 18 as the marriage age, but the fatwa failed to have much effect on religious marriage contracts (kabin or kabin-nama).

The criminal code establishes fines of 3,000 to 4,000 manat ($1,670 to $2,220) or imprisonment of up to four years for conviction of the crime of forced marriage with underage children. According to the UN special rapporteur, in 2014 forced marriages of underage girls remained a problem and continued to endanger their lives. A 2014 UN Population Fund report stated that 12 percent of girls were married by the age of 18.

NGOs reported that the number of early marriages continued to increase. Girls who married under the terms of religious marriage contracts were of particular concern, since these were not subject to government oversight and do not entitle the wife to recognition of her status in case of divorce. The Social Union of Solidarity among Women reported numerous instances in which men moved to Russia for work, leaving their underage wives in the country.

The SCFWCA conducted activities in IDP and refugee communities to prevent early marriage.

Sexual Exploitation of Children: The law prohibits p*rnography; its production, distribution, or advertisem*nt is punishable by three years’ imprisonment. Statutory rape is defined as “the sexual relations or other actions of a sexual nature, committed by a person who has reached 18, with a person who has not reached 16” and is punishable by up to three years’ imprisonment. Recruitment of minors for prostitution (involving a minor in immoral acts) is punishable by three to five years in prison, although the presence of aggravating factors, such as violence, could increase the potential sentence to five to eight years.

A Baku group working with street children reported that boys and girls at times engaged in prostitution and street begging.

Displaced Children: A large number of refugee and internally displaced children lived in substandard conditions. In some cases, these children were unable to attend school.

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’sAnnual Report on International Parental Child Abductionattravel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

The country’s Jewish community was estimated to be between 20,000 and 30,000 individuals. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, air travel and other transportation, access to health care, or the provision of other state services, but the government did not enforce these provisions effectively. Employment discrimination remained a problem (see section 7.d.).

A common belief persisted that children with disabilities were ill and needed to be separated from other children and institutionalized, but specific educational facilities were available to children with some disabilities, for example, those with vision disabilities. Children with certain disabilities, including autism, received no education benefits or allowances. A local NGO reported there were approximately 60,000 children with disabilities in the country, of whom 6,000 to 10,000 had access to specialized educational facilities, while the rest were educated at home or not at all. The ability of children with disabilities to attend school was based on several factors, such as an evaluation by a medical committee, the type of disability, and the resources and physical structure of the family and the desired school. No laws mandate access to public or other buildings, information, or communications for persons with disabilities, and most buildings were not accessible.

Conditions in facilities for persons with mental and other disabilities varied. Qualified staff, equipment, and supplies at times were lacking.

The Ministries of Health and of Labor and Social Welfare are responsible for protecting the rights of persons with disabilities.

National/Racial/Ethnic Minorities

Citizens of Armenian descent reported discrimination in employment (see section 7.d.). Some groups reported sporadic incidents of discrimination, restrictions on their ability to teach in their native languages, and harassment by local authorities. These groups included Talysh in the south, Lezghi in the north, and Meskhetians and Kurds.

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

Antidiscrimination laws exist but do not specifically cover lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals.

Societal intolerance, violence, and discrimination based on sexual orientation and gender identity remained a problem. A local NGO reported that there were numerous incidents of police brutality against individuals based on sexual orientation and noted that authorities did not investigate or punish those responsible. There were also reports of family-based violence against LGBTI individuals and hostile Facebook postings on personal online accounts. A local organization reported that in the first eight months of the year, one gay and two transgender persons were killed and one transvestite committed suicide. In October media reported an attack on a group of LGBTI persons in the Baku City metro.

LGBTI individuals refused to file formal complaints of discrimination or mistreatment with law enforcement bodies due to fear of social stigma or retaliation. An NGO reported police indifference to investigating crimes committed against the LGBTI community.

There was societal prejudice and employment discrimination (see section 7.d.) against LGBTI persons.

HIV and AIDS Social Stigma

In the country’s most recent demographic and health survey (2006), 80 percent of women and 92 percent of men reported discriminatory attitudes towards persons with HIV. The World Health Organization’sReview of the HIV Program in Azerbaijan(2014) noted that discriminatory attitudes and overall lack of information about HIV/AIDS remained high. The issue was addressed in theAzerbaijan National Strategic Plan for HIV 2016-2020.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for freedom of association, including the right to form and join independent labor unions. Uniformed military and police and managerial staff are prohibited from joining unions. While the law provides workers the right to bargain collectively, unions could not effectively negotiate wage levels and working conditions because government-appointed boards ran major state-owned firms and set wages for government employees.

The law provides most workers the right to conduct legal strikes. Categories of workers prohibited from striking include high-ranking executive and legislative officials; law enforcement officers; court employees; fire fighters; and health, electric power, water supply, telephone, railroad, and air traffic control workers.

The law prohibits discrimination against trade unions and labor activists and requires the reinstatement of workers fired for union activity. The law also prohibits retribution against strikers, such as dismissal or replacement. Striking workers who disrupt public transportation, however, could be sentenced to up to three years in prison.

The Azerbaijan Trade Unions Confederation (ATUC) was the only trade union confederation in the country. The trade union registration process was cumbersome and time consuming. Although ATUC registered as an independent organization, some workers considered it closely aligned with the government. ATUC reported that it represented 1.6 million members in 27 sectors at the start of the year. Regardless of whether a company was a member of ATUC, a labor inspector appointed under the Ministry of Labor and Social Protection could investigate labor-related grievances.

The government did not effectively enforce laws regarding freedom of association and collective bargaining. Administrative penalties were not sufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals. There were some restrictions, such as increased bureaucratic scrutiny on the right to form unions and conduct union activities. Most unions were not independent, and the overwhelming majority remained tightly linked to the government, with the exception of some journalists’ unions. Both local and international NGOs claimed that workers in most industries were largely unaware of their rights and afraid of retribution if they initiated complaints. This was especially true for workers in the public sector.

Collective bargaining agreements were often treated as formalities and not enforced. Although the labor law applies to all workers and enterprises, the government may negotiate bilateral agreements that effectively exempt multi-national enterprises from it. For example, production-sharing agreements between the government and multi-national energy enterprises did not provide for employee participation in a trade union. While the law prohibits employers from impeding the collective bargaining process, employers engaged in activities that undercut the effectiveness of collective bargaining, such as subcontracting and using short-term employment agreements.

The state oil company’s 65,200 workers were required to belong to the Union of Oil and Gas Industry Workers, and authorities automatically deducted union dues (2 percent of each worker’s salary) from paychecks. Many of the state-owned enterprises that dominated the formal economy withheld union dues from workers’ pay but did not deliver the dues to the unions. Employers officially withheld a quarter of the dues collected for the oil workers’ union for “administrative costs” associated with running the union. A complete lack of transparency made it impossible to determine exactly how the union spent the dues. Unions and their members had no means of investigating the matter.

On April 2, a group of laborers of the Baku-based Azimport company protested the nonpayment of salaries. Protesters reported that the company employed them for more than a year to overhaul buildings and facilities in the city and failed to pay salaries. Sporadic complaints of nonpayment of salaries often became impromptu small-scale protests throughout the country. For example, employees of Azerinsaatservis LLC frequently complained to media about nonpayment of salaries.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, except in circ*mstances of war or in the execution of a court decision under the supervision of a government agency. The government did not effectively enforce applicable laws. Resources and inspections were inadequate. Penalties for violations, including imprisonment, were generally sufficient to deter violations. A report of the International Labor Organization on the application of international labor standards urged the government to stop the use of compulsory labor as punishment against those expressing their political or ideological views.

During the year authorities directed many government employees outside of the capital to participate in the autumn cotton harvest. Migrant workers were at times subjected to conditions of forced labor in the construction industry. Forced begging by children was a problem, and domestic servitude was an emerging problem. Men and boys at times were subjected to conditions of forced labor within the country, for example, in construction (see section 7.c.). The Ministry of Internal Affairs reported that it identified five cases of forced labor in the first nine months of the year. During the year the antitrafficking department in the Ministry of Internal Affairs inspected construction and agricultural sector sites but did not identify any victims of labor trafficking.

Also see the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment depends on the type of work. In most cases the law permits children to work from the age of 15; children who are 14 may work in family businesses or, with parental consent, in daytime after-school jobs that pose no hazard to their health. Children under the age of 16 may not work more than 24 hours per week; children who are 16 or 17 may not work more than 36 hours per week. The law prohibits employing children under the age of 18 in difficult and hazardous conditions and identifies specific work and industries in which children are prohibited, including work with toxic substances and underground, at night, in mines, and in nightclubs, bars, casinos, or other businesses that serve alcohol.

The Ministry of Labor and Social Security is responsible for enforcing child labor laws. The law provides for a fine or imprisonment as punishment for employing individuals without an effective employment agreement, providing protection to children working without a contract. The SCFWCA trained regional Labor Inspection Service representatives, police inspectors, and local authorities in preventing child labor exploitation. Several labor NGOs not designated as labor organizations focused on child labor in the industrial and agricultural sectors.

Government enforcement of the laws prohibiting child labor and setting a minimum age for employment was inconsistent. Resources and inspections were inadequate and penalties for violations, including fines, did not always deter violations. Although the ministry conducted inspections during the year, a local NGO reported there was a need for increased monitoring.

There were few complaints of abuses of child labor laws during the year, although there were anecdotal reports of child labor in agriculture, forced begging, and street work and that children were subjected to commercial sexual exploitation (see section 6, Children).

Also see the Department of Labor’sFindings on the Worst Forms of Child Laboratwww.dol.gov/ilab/reports/child-labor/findings/.

d. Discrimination with Respect to Employment and Occupation

The labor code prohibits discrimination with respect to employment and occupation on the basis of citizenship, race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, affiliation with trade unions or other public associations, or professional standing. The law does not specifically prohibit discrimination based on HIV-positive status or other communicable diseases, but there were no media or NGO reports of such discrimination. The government did not always enforce these laws effectively, and employment discrimination remained a problem.

Individuals under the implied protection of law against discrimination reported the law was not applied. Employers generally hesitated to hire persons with disabilities; citizens of Armenian descent reported discrimination in employment as well. Discrimination in employment and occupation also occurred with respect to sexual orientation. LGBTI individuals reported employers found other reasons to dismiss them because they could not legally dismiss someone because of their sexual orientation.

The law excludes women from certain occupations with inherently dangerous conditions, such as working underground in mines. Women were underrepresented in high-level jobs, including top business positions. Traditional practices limited women’s access to economic opportunities in rural areas.

e. Acceptable Conditions of Work

As of August 21, the national minimum wage was 105 manat ($58) per month. The average poverty line was 136 manat ($76) per month, with 146 manat ($81) the poverty level for able-bodied persons, 115 manat ($64) for pensioners, and 117 manat ($65) for children. The law requires equal pay for equal work regardless of gender, age, or other classification.

The law provides for a 40-hour workweek; the maximum daily work shift is 12 hours. Workers in hazardous occupations may not work more than 36 hours per week. The law requires lunch and rest periods that are determined by labor contracts and collective agreements. Information was not available on whether local companies provided the legally required premium compensation for overtime, although international companies generally did. There is no prohibition on excessive compulsory overtime. The law provides equal rights to foreign and domestic workers.

Ministry of Labor and ATUC officials inspected worksites for compliance, particularly in the construction, energy, and oil sectors, and recommended improvements in labor conditions to employers. Most individuals worked part time in the informal sector (unregistered businesses), which accounted for between 10 and 30 percent of the economy, and where the government did not enforce contracts or labor laws.

The government did not effectively enforce the laws on acceptable conditions of work. Local human rights groups, including the Oil Workers Rights Defense Council, an NGO dedicated to protecting worker rights in the petroleum sector, maintained that employers, particularly foreign oil companies, did not always treat foreign and domestic workers equally. Domestic employees of foreign oil companies reportedly often received lower pay and worked without contracts or health care. Some domestic employees of foreign oil companies reported violations of the national labor code, noting they were unable to receive overtime payments or vacations.

Inspection of working conditions by the Ministry of Labor and Social Protection’s labor inspectorate was weak and ineffective. The ministry’s 267 labor inspectors were insufficient to monitor worksites, and penalties for violations were seldom enforced. Although the law sets health and safety standards, employers widely ignored them. Violations of acceptable conditions of work in the construction and oil and gas sectors remained problematic. In December 2015 a total of 31 oil workers died in a Caspian Sea deep-water oil rig fire started by a gas pipeline explosion that burned for several weeks. The Prosecutor General’s Office opened a criminal case but did not release its findings to the public. The Oil Workers Rights Protection Organization (OWRPO) reported that the state oil company managers broke safety laws for the sake of continuing production and that workers did not have life jackets when they attempted to evacuate the platform. Families of missing oil workers complained about mistreatment by state officials when they tried to obtain information following the accident. A special commission led by Prime Minister Artur Rasizade was tasked to investigate the incident. The commission’s report was presented to the Presidential Administration but not made public.

On December 15, strong winds destroyed part of pier related to oil operations, resulting in the death of 10 workers. The OWRPO stated the infrastructure was old and had not been properly maintained.

During the year there were reports of Azerbaijan Airlines workers forced to work longer hours for less pay. There were also reports that senior executives required airline crews to forgo hotel rooms for rest and instead remain onboard their planes.

ATUC reported good cooperation with Russian and Georgian authorities on measures to protect Russian and Georgian migrant workers’ rights and the safety of working conditions. The Ministries of Labor and Internal Affairs reportedly monitored the labor rights of other workers in hazardous sectors and in the informal economy. Workers may remove themselves from situations that endanger health or safety, but there is no legal protection of their employment if they did so.

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

There were some reports government security forces committed arbitrary or unlawful killings.

The Ministry of Interior Ombudsman’s annual report detailed its investigations into seven detainee deaths that occurred from May 2015 to May. Investigators determined one prisoner died of a drug overdose, one committed suicide, four died from complications to preexisting medical conditions, and one died from injuries sustained when police attempted to arrest the individual. The government’s investigations into the death of 17-year-old Ali Abdulghani during arrest and 35-year-old Hassan al-Hayki in police custody continued as of year’s end (see section 1.c.).

Violent extremists perpetrated dozens of attacks against security officers and government officials during the year, killing one and injuring other security officers. On June 30, a remotely detonated bomb planted on Sitra highway near the village of Eker killed a woman and injured three of her children; no group claimed responsibility for the bombing.

b. Disappearance

There were no reports of politically motivated disappearances.

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

The constitution prohibits “harm[ing] an accused person physically or mentally.” Some domestic and international human rights organizations, as well as former detainees, reported instances of torture, abuse, and other cruel, inhuman, or degrading treatment or punishment. Human rights groups reported prisoner accounts alleging security officials beat them, placed them in stress positions, humiliated them in front of other prisoners, deprived them of sleep and prayers, insulted them based on their religious beliefs, and subjected them to sexual harassment, including removal of clothing and threat of rape. Officials reportedly kept some detainees in solitary confinement, sometimes in extreme temperatures; poured cold water on them; and forced them to stand for long periods. Human rights organizations also reported authorities prevented some detainees from using toilet facilities, withheld food and drink, and denied medical treatment to injured or ill detainees and prisoners. Detainees also reported that security forces committed some abuses during searches, arrests at private residences, and during transportation. Detainees reported intimidation took place at the Ministry of Interior’s Criminal Investigation Directorate (CID). In a report based on an unannounced visit to Jaw Prison in November 2015, the Commission on Prisoner and Detainee Rights (PDRC) confirmed allegations that prison staff had physically assaulted prisoners. The ministry denied torture and abuse were systemic. The government reported it had equipped all interrogation rooms, including those at local police stations and the CID, with closed-circuit television cameras monitored at all times. The PDRC repeatedly noted in reports released 2014-16 that many facilities had areas without video monitoring.

Some detainees at the CID reported security officials used physical and psychological mistreatment to extract confessions and statements under duress or to inflict retribution and punishment. The PDRC made an unannounced visit to the CID in 2014 and found that officials kept some prisoners handcuffed for the duration of their time at the facility, provided food at irregular times, and restricted prisoner access to a single toilet. It has not been made public whether the PDRC visited the facility since 2014.

The Ministry of Interior’s ombudsman reported it received 68 complaints against the CID and 65 against Jaw Prison from May 2015 to May. The ombudsman referred 28 of the cases against the CID and 23 against Jaw Prison for criminal or disciplinary procedures; 37 additional cases were still under investigation.

Human rights groups reported authorities subjected children, sometimes under the age of 15, to various forms of mistreatment, including beating, slapping, kicking, and verbal abuse. The age of majority in the country is 15 years old, and the law considers all persons over this age to be adults. Authorities held detainees under the age of 15 at the Juvenile Care Center. The Ministry of Interior reported police arrested 31 children under the age of 15 from January to September; as of September there was one child at the Juvenile Care Center awaiting trial and 11 more serving their sentences. The PDRC visited the CID in 2014 and found that staff was not trained to treat special needs suspects or to treat those between the ages of 15 and 18 differently than adults.

On April 4, 17-year-old Ali Abdulghani died in the hospital from head injuries sustained during his March 31 arrest in the village of Shahrakkan. The government reported that police pursued Abdulghani based on a five-year sentence he had received in his absence. During the pursuit the government claimed Abdulghani entered a building under construction and either fell or jumped to his death. Critics disputed the government’s version of events and alleged a police car had intentionally hit Abdulghani. According to press reports, the ombudsman and Special Investigative Unit (SIU) investigated and determined police acted appropriately.

Prison and Detention Center Conditions

Human rights activists reported conditions in prisons and detention centers were harsh and sometimes life threatening due to overcrowding, physical abuse, and inadequate sanitary conditions and medical care. Detainees and human rights organizations also reported abuse in official pretrial detention centers, as well as in Jaw Prison and Dry Dock Detention Center.

Physical Conditions: Human rights organizations and prisoners reported gross overcrowding in detention facilities, which placed a strain on administration and led to a high prisoner-to-staff ratio. Observers reported that from 2013 to year’s end, the Jaw Prison population increased, perhaps to as high as 3,600 at times, while the ombudsman reported the number of prison guards remained the same, at 23 for the day shift. In October 2015 the Ministry of Interior reported it had opened four new buildings at Jaw Prison during the year and transferred inmates under the age of 21 to new buildings for convicted youth at the Dry Dock facility. PDRC reports from 2015 detailed concerns about prison conditions including overcrowding, unsanitary conditions, and lack of access to basic supplies. Human rights organizations noted their concern about the health of prisoners with chronic medical conditions, including cancer.

Social media estimated there were up to 400 school-age youth in prison. The ministry held detainees under the age of 15 at the Juvenile Care Center, which, according to a PDRC report, was under capacity at the time of the commission’s unannounced visit in January 2015. As of June 2015, convicted males between the ages of 15 and 21 were housed in newly constructed buildings located on the grounds of the Dry Dock facility, but they were kept separate from pretrial detainees. The ministry separated prisoners under the age of 18 from those between the ages of 18 and 21. Upon reaching the age of 21, prisoners are transferred to the general population at Jaw Prison. In September 2015 the Royal Charity Organization opened a branch of the Nasser Center for Rehabilitation and Vocational Training at Jaw Prison with space for 50 inmates to participate; this program continued to operate.

The ombudsman’s annual report detailed its investigations into the seven detainee deaths that occurred from May 2015 to May. Investigators determined one prisoner died of a drug overdose, one committed suicide, four died from complications to preexisting medical conditions, and one died from injuries sustained when police attempted to arrest the individual.

The ombudsman and the SIU also reported their investigations into the July 31 death of 35-year-old Hassan al-Hayki. Authorities announced he died of a heart attack shortly after arriving at a hospital from the Dry Dock pretrial detention facility; opposition activists alleged al-Hayki was mistreated following his arrest. Al-Hayki had been in custody since his July 13 arrest on suspicion of involvement in the June 30 bombing in Eker (see section 1.a.).

Although the government reported potable water was available for all detainees, and there were water coolers in all detention centers, there were reports of lack of access to water for drinking and washing, lack of shower facilities and soap, and unhygienic toilet facilities. There were also reports of air conditioning units not running in extremely hot weather. Human rights organizations reported food was adequate for most prisoners; however, those prisoners needing dietary accommodations due to medical conditions had difficulty receiving special dietary provisions. Other detainees reported physical abuse, verbal assault, and threats of sexual assault, as well as denial of sleep, prayer, and bathroom access.

There were no accommodations for persons with disabilities in prisons and detention centers. Human rights groups reported prisoners who became physically or mentally disabled while in custody relied on fellow prisoners for their care.

Prisoners needing medical attention reported difficulty in alerting guards to their needs, and medical clinics at the facilities were understaffed. Prisoners with chronic medical conditions including sickle-cell anemia, diabetes, and gout had difficulty accessing regular medical care. Those needing transportation to outside medical facilities reported delays in scheduling offsite treatment, especially those needing follow-up care for complex or chronic conditions. The PDRC noted numerous deficiencies with health services at most facilities. There were outbreaks of communicable diseases that spread quickly and severely, due to overcrowded conditions, lack of sanitation, and understaffed medical clinics.

In March 2015 hundreds of prisoners at Jaw Prison participated in a riot that caused significant damage to the prison and injured 245 inmates and police. The prison kept some prisoners in tents in the yard for up to three months after the riot, with limited access to showers. There were also reports authorities partially shaved prisoners’ heads to humiliate them, placed them in stress positions, made them mimic animals, and beat them. Detainees reported police who abused them self-identified as Jordanian Special Police Force (known as the Darak). Prosecutors charged more than 50 inmates in connection with the rioting. Although authorities reported the SIU continued to investigate alleged abuse, as of years’ end, it had not brought any disciplinary or criminal proceedings against police or security forces allegedly involved in abuses during and after the riot.

Administration: The Ministry of Interior reported authorities registered the location of detainees from the moment of arrest. Authorities generally allowed prisoners to file complaints to judicial authorities without censorship, and officials from the ombudsman were available to respond to complaints. Human rights groups, however, reported some prisoners faced reprisals from prison staff for lodging complaints. Prisoners had access to visitors at least once a month, often more frequently, and authorities permitted them 30 minutes of calls each week, although authorities reportedly denied prisoners communication with lawyers and family members at times. Authorities generally permitted prisoners to practice their religion, but there were reports authorities sometimes denied prisoners access to religious services and prayer time.

Independent Monitoring: Authorities permitted access for the quasi-governmental National Institution for Human Rights (NIHR) and PDRC, as well as the government’s ombudsman and SIU. Some local and international human rights organizations expressed concern regarding the degree of independence of the domestic groups.

The SIU, formed in 2012, acted as a mechanism for the public to complain about prisoner mistreatment or conditions in prisons and detention facilities. The SIU reported it received 137 complaints through August, five of which it referred to court; the others remained under investigation. The ombudsman began monitoring prisons and detention centers in 2013, conducting announced and unannounced visits and accepting written and in-person complaints. From May 2015 until May, the office received 305 complaints and an additional 687 requests for assistance. The ombudsman had complaint boxes at most Ministry of Interior detention facilities and staffed a permanent office at Jaw Prison to receive complaints. The ombudsman reported it was able to get evidence preserved on more than one occasion after receiving a complaint about mistreatment.

In December 2015 the NIHR published its third annual report, which covered 2015. The NIHR reported it received 88 complaints representing 119 complainants for 2015 and an additional 124 requests for assistance and legal advice. Separately, the NIHR reported it visited Jaw prison and interviewed more than 40 prisoners, and it had followed complaints from inmates’ families regarding alleged denial of medical treatment.

From the end of 2014 throughout the year, the PDRC conducted unannounced visits at a number of detention facilities, including Jaw Prison, the CID, Juvenile Care Center, Women’s Detention Center, Women’s Reformation and Rehabilitation Center, and four police directorates; it posted reports on these facilities on its website.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention, although local and international human rights groups continued to report the practice of detaining individuals without notifying them at the time of the arrest of the legal authority of the person conducting the arrest, the reasons for the arrest, and the charges against them. Human rights groups claimed the Ministry of Interior conducted many arrests at private residences without either presenting an arrest warrant or presenting an inaccurate or incomplete one, but government sources disputed these claims.

In 2013 the king tightened penalties for those involved in terrorism, banned demonstrations in the capital, allowed for legal action against political associations accused of inciting and supporting violence and terrorism, and granted security services increased powers to protect society from terrorism, including the ability to declare a State of National Safety. Human rights groups asserted the 2013 laws conflicted with protections against arbitrary arrest and detention, including for freedom of speech.

In 2014 authorities detained leading opposition society Wifaq secretary general Sheikh Ali Salman over concerns about political statements. Authorities charged him with four crimes: inciting a change of government by force, inciting hatred of a segment of society, inciting others to break the law, and insulting the Ministry of Interior. In June 2015 a criminal court acquitted Salman of inciting political change by force but sentenced him to four years on the other three charges. Both Salman and the prosecution appealed. On May 30, the appeals court convicted him on all charges, including the one on which the lower court had acquitted him, and sentenced him to nine years in prison. In October the Court of Cassation threw out the appeals court decision and sent the case back to have another appeals court review the case. At that review on December 12, the appeals court reinstated Salman’s nine-year sentence; Salman remained in custody at Jaw Prison at year’s end. His legal team claimed the prosecution entered falsified evidence, including altered transcripts of speeches, and that prison officials had prevented the team from passing legal documents to Salman, complicating their ability to mount a defense. Evidence presented against Salman in court consisted solely of public statements he made in sermons or speeches. In November 2015 the UN working group on arbitrary detention determined that authorities had arbitrarily detained Salman. On September 15, police questioned Salman at the CID in connection with a letter submitted with his name to the UN high commissioner for human rights, Zeid Ra’ad al-Hussein (see section 5), but as of year’s end, no new charges have been filed.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Interior is responsible for internal security and controls the public security force and specialized security units responsible for maintaining internal order. The coast guard is also under its jurisdiction. The Bahrain Defense Force is primarily responsible for defending against external threats, while the Bahrain National Guard is responsible for both external and internal threats. Security forces effectively maintained order and generally responded in a measured way to violent attacks.

Civilian authorities maintained effective control over security forces during the year, although impunity remained a problem. In 2012 the government established the SIU to investigate and refer cases of security force misconduct to the appropriate court, which includes civilian criminal courts, the ministry’s Military Court, and administrative courts. As of August the SIU reported it had received and investigated 137 new complaints since the beginning of the year. The SIU submitted five of these cases, with a total of 11 defendants, to civilian criminal court, and had one officer and two enlisted men convicted, with one sentenced to a year in prison. The SIU also referred some cases to the ministry’s administrative and military courts. As of September the ministry reported 41 police officers were in jail, another nine were in detention awaiting trial, and 190 had received reprimands. The ministry generally did not release the names of officers convicted, demoted, reassigned, or fired for misconduct. Many human rights groups asserted that investigations into police abuse were slow and ineffective.

Unidentified individuals conducted numerous attacks aimed at security personal during the year, which the perpetrators often filmed and posted to social media. These videos showed attackers using Molotov co*cktails and other improvised weapons against police patrols and stations, including in close proximity to bystanders. Police avoided responding with deadly force.

In 2012 the king ordered the creation of the Bahrain National Security Agency’s (BNSA) Office for the Inspector General and the Ministry of Interior Ombudsman. While both offices were responsible for addressing cases of mistreatment and abuse, there was little public information available about the BNSA inspector general’s activities.

In 2012 the minister of interior approved a new police code of conduct that requires officers to abide by 10 principles, including limited use of force and zero tolerance for torture and mistreatment. According to government officials, the code forbids the use of force “except when absolutely necessary.” The Royal Police Academy included the code in its curriculum in 2012 and provided new recruits with copies in English and Arabic. The ministry reported it took disciplinary action against officers who did not comply with the code.

The Ombudsman maintained a hotline for citizens to report police abuse, but human rights groups reported many citizens hesitated to report abuse for fear of retribution. As of September, the police hotline had received 260 calls. The Ombudsman reported a reduction in the number of complaints it received about the riot police from 15 in the 2014-2015 reporting cycle to two in 2015-2016.

Local activists and human rights organizations claimed that the demographics of the police and security forces were not representative of Bahrain’s communities. To address these concerns and in response to a BICI recommendation on integrating Shia citizens into the police force, the government established the community police program, which recruits individuals to work in their own neighborhoods, in 2012. In 2012, the government graduated 577 new police from its academy and said that the majority would be “working in the community.” In October 2015, the government reported 504 community police officers graduated from the same community policing program in 2015, bringing the total number of community police that have graduated from the Royal Police Academy to 1500. As of September, the government reported it had not hired any additional community police in 2016, leaving the total number of community police at approximately 1,400, of which 320 were women. Community members have confirmed that Shia have been among those integrated into the community police and the police cadets, but not in significant numbers; information is not available on recruitment rates of Shia into other security forces.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law stipulates law enforcement officials may arrest individuals without a warrant only if they are caught committing certain crimes for which there is sufficient evidence to press charges. Local activists reported police sometimes made arrests without presenting a warrant.

By law the arresting authority must interrogate an arrested individual immediately and cannot detain the person for more than 48 hours, after which authorities must either release the detainee or transfer the person to the Public Prosecution Office (PPO) for further questioning. The PPO is required to question the detainee within 24 hours, and the detainee has the right to legal counsel during questioning. To hold the detainee longer, the PPO must issue a formal detention order based on the charges against the detainee. Authorities may extend detention up to seven days for further questioning. If authorities require any further extension, they must bring the detainee before a judge, who may authorize a further extension not exceeding 45 days. The High Criminal Court must authorize any extensions beyond that period and any renewals at 45-day intervals. In the case of alleged acts of terror, law enforcement officials may detain individuals for questioning for an initial five days, which the PPO can extend up to 60 days. A functioning system of bail provides maximum and minimum bail amounts based on the charges; however, judges often denied bail requests without explanation, even in nonviolent cases. The bail law allows the presiding judge to determine the amount within these parameters on a case-by-case basis.

Attorneys reported difficulty in gaining access to their clients in a timely manner through all stages of the legal process, including reports defense attorneys had difficulty registering themselves as a detainee’s legal representative because of arbitrary bureaucratic hurdles, had their qualifications arbitrarily questioned by police, were not notified of their client’s location in custody, were directed to seek a court order to meet with their client, were prohibited from meeting their client in private, were prohibited from passing legal documents to their client, were told at short notice when their client would be questioned by the PPO, were not allowed to be present during questioning by police or prosecutor, and were not provided access or allowed to consult with their clients in court. While the state provides counsel to indigent detainees, there were reports detainees never met with their state appointed attorney before or during their trial.

According to reports by local and international human rights groups, authorities held some detainees for weeks with limited access to outside resources. The government sometimes withheld information from detainees and their families about the detainees’ whereabouts for days.

On October 24, Sayed Alawi Hussain Alawi from Diraz went missing, and his family filed a missing person’s report with police that night. The family then received a call from an individual who identified himself as being from the CID, who said police had arrested Alawi. According to social media reports, police prevented Alawi’s lawyer from meeting with his client and prevented Alawi from calling his family until December 1.

In August 2015 authorities arrested former opposition member of parliament, Sheikh Hassan Isa, at the airport upon his return from abroad. According to Wifaq CID investigators prohibited Isa’s lawyers from speaking to him and from being present during his questioning. Authorities allowed Isa to meet with his lawyers only after the lawyers filed multiple requests. As of year’s end, his trial continued.

Arbitrary Arrest: Human rights groups reported the Ministry of Interior sometimes arrested individuals for activities such as calling for and attending protests and demonstrations, expressing their opinion either in public or on social media, and associating with persons of interest to law enforcement. Some of these detained individuals reported arresting forces did not show them warrants. Authorities arrested dozens of participants in a nonviolent, long-term sit-in protesting the revocation of Sheikh Isa Qassim’s citizenship outside of his residence in Diraz (see Section 2.b., Freedom of Assembly). The government maintained that police only summoned, questioned, and detained individuals who had broken the law.

In July 2015 police summoned former president of the capital governorate’s municipal council, Majeed Milad, to the Houra Police Station and arrested him. A criminal court found him guilty of “incitement of hatred against the regime,” during a speech he gave at a Ramadan gathering, and gave him a one-year sentence. Authorities released him from prison on July 1. (See section 2.a, for information about the arrest and detention of human rights activist Nabeel Rajab.)

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The constitution prohibits arbitrary arrest and detention, although local and international human rights groups continued to report the practice of detaining individuals without notifying them at the time of the arrest of the legal authority of the person conducting the arrest, the reasons for the arrest, and the charges against them. There were reports that authorities sometimes delayed or limited an individual’s access to an attorney. There were no reports of courts finding individuals to have been unlawfully detained and recommending compensation.

e. Denial of Fair Public Trial

Although the constitution provides for an independent judiciary, the judiciary remained vulnerable to political pressures, especially in cases involving political opposition figures. The judiciary has two branches: the civil law courts deal with all commercial, civil, and criminal cases, including family issues of non-Muslims, and the sharia law courts handle personal status cases of Muslims. The government subdivided the sharia courts into Sunni and Shia sharia courts. Many of the country’s approximately 160 judges were foreign judges serving on limited-term contracts (which are subject to government approval for renewal and residence in the country). The Supreme Judicial Council is responsible for supervising the work of the courts, including judges, and the PPO.

TRIAL PROCEDURES

The constitution presumes defendants are innocent until proven guilty. By law authorities should inform detainees of the charges against them upon arrest. Civil and criminal trial procedures provide for a public trial. A panel of three judges makes the rulings. Defendants have the right to consultation with an attorney of their choice within 48 hours (unless the government charges them pursuant to counterterrorism legislation); however, there are reports that defendants and their lawyers have had difficulty getting police, public prosecutor, and courts to recognize or register representation by an attorney. The government provides counsel at public expense to indigent defendants. No law governs defendants’ access to government-held evidence, and such evidence was available at the discretion of the court. Defendants have the right to present witnesses and evidence on their behalf. While defendants have the right to question witnesses against them, the judges can declare the questions to be irrelevant and prohibit a line of questioning without providing reasoning. Prosecutors rarely present evidence orally in court but provide it in written and digital formats to judges in their chambers. In criminal trials prosecutors and judges walk into the courtroom together. Defendants are not compelled to testify or to confess guilt and have the right to appeal. The government frequently tries defendants in their absence.

Family status law varied according to Shia or Sunni interpretations of Islamic law, especially for women (see section 6).

POLITICAL PRISONERS AND DETAINEES

The government denied holding any political prisoners, although it acknowledged holding several dozen high-profile individuals, including leaders or prominent members of political societies and organizations and others who were publically critical of government institutions or government actions prior to their arrests. Human rights organizations and opposition groups asserted there were more than 4,000 political prisoners in the country, but this number could not be confirmed. According to the PDRC, the total number of individuals in custody charged with all types of crimes is 3,700 and includes 700 foreigners. Authorities held some high-profile prisoners separately from the general prison population. Activist Nabeel Rajab remained in detention as the only prisoner held at the East Riffa Police Station, and human rights organizations raised concerns that he was not consistently provided prompt access to medical care (see section 2.a.). There were some reports authorities held political prisoners in better conditions compared to other prisoners and detainees.

In March 2015 the Ministry of Interior arrested Fadhel Abbas, secretary general of the Democratic Unity Gathering Society (al-Wahdawi), in relation to a tweet sent by the al-Wahdawi political society that criticized the country’s military involvement in Yemen. A criminal court sentenced him in June 2015 to five years in prison for “spreading false information that could harm the military operations of Bahrain and its allies.” On October 27, an appeals court reduced his sentence to three years, and at year’s end he remained in Jaw Prison.

Authorities released several prominent politicians and activists arrested in 2011 from prison at the completion of their prescribed sentences, including Mohammed Ali al-Mahfoodh on April 30, Mahdi Abu Deeb on April 1, and Salah al-Khawaja on March 19. In June 2015 authorities pardoned and released former Wa’ad secretary general Ibrahim Sharif, but police rearrested him on new charges 23 days later, and he spent another year in jail (see section 2.a.).

(See section 1.d. for information about the arrest and detention of Wifaq secretary general Sheikh Ali Salman. See section 2.a. for more information about the arrest and detention of activists Nabeel Rajab and Zainab al-Khawaja.)

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Citizens may bring civil suits before a court seeking cessation of or damages for some types of human rights violations. In many such situations, however, the law prevents citizens from filing civil suits against security agencies.

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

Although the constitution prohibits such actions, the government violated prohibitions against interference with privacy, family, home, or correspondence. Human rights organizations reported security forces sometimes entered homes without authorization and destroyed or confiscated personal property. The law requires the government to obtain a court order before monitoring telephone calls, e-mail, and personal correspondence. Many citizens and human rights organizations believed police used informer networks, including ones that targeted or used children under 18 years of age.

Reports also indicated the government used computer programs to spy on political activists and members of the opposition inside and outside the country.

According to local and international human rights groups, security officials sometimes threatened detainees’ family members with reprisals for the detainee’s unwillingness to cooperate during interrogations and refusal to sign confession statements.

a. Freedom of Speech and Press

The constitution provides for freedom of speech and press, “provided that the fundamental beliefs of Islamic doctrine are not infringed, the unity of the people is not prejudiced, and discord and sectarianism are not aroused.” In practice the government limited freedom of speech and press through active prosecution of individuals under libel, slander, and national security laws that targeted civilian and professional journalists and by passing legislation to limit speech in print and social media.

Freedom of Speech and Expression: The law forbids any speech that infringes on public order or morals. While individuals openly expressed critical opinions regarding domestic political and social issues in private settings, those who publicly expressed such opinions often faced repercussions. During the year the government took steps against what it considered acts of civil disobedience, which included critical speech, under charges of unlawful assembly or “insulting the king.” A 2014 amendment to the penal code increased penalties to no less than one year and no more than seven years in prison, plus a fine, for anyone who “offends the monarch of the Kingdom of Bahrain, the flag, or the national emblem.”

On June 13, police arrested Bahrain Center for Human Rights (BCHR) president Nabeel Rajab for tweets released in April 2015 criticizing Saudi-led coalition’s military operations in Yemen and treatment of prisoners in Jaw Prison. Police initially arrested Rajab on these charges in April 2015 but released him from prison in July 2015 when he received a pardon in connection with a previous arrest. Rajab’s trial on the latter charges began in July and continued as of year’s end. At his hearing on December 28, the judge ordered Rajab released on bail; however, on the same day, the public prosecutor announced that Rajab would remain in detention under investigation on separate charges stemming from “publishing false news and statements” for statements in aNew York Timesop-ed published in Rajab’s name on September 4 and another article attributed to Rajab that was published in the French newspaperLe Mondeon December 19. That case had not gone to trial as of year’s end, and Rajab remained in custody.

In July 2015 authorities arrested Ibrahim Sharif after he delivered a speech calling for reforms and making reference to the “embers of revolution.” This arrest came 23 days after the king pardoned him for a conviction stemming from involvement in the 2011 unrest, for which Sharif had spent more than four years in prison. In the 2015 case, the prosecutor charged Sharif with “promoting political change through forceful means.” On February 24, a criminal court found him guilty of “inciting hatred against the regime” and sentenced him to one year in jail. The authorities released him on July 11. On November 7, the appeals process concluded with no additional jail time for Sharif, although a travel ban remained in effect at year’s end. Authorities also brought charges of “inciting hatred and contempt against the regime” against Sharif on November 13 after he gave an interview to the Associated Press in which he said that the November visit by United Kingdom Prince Charles and wife Camilla could “whitewash” the ongoing crackdown on dissent. Sharif was not taken into police custody, and the charges were dropped on November 24.

On June 21, an appeals court upheld a one-year jail sentence against women’s rights activist Ghada Jamsheer in conjunction with a series of tweets about corruption at a local hospital and a physical altercation that happened when she was in pretrial detention in 2014. Authorities arrested Jamsheer on August 15 when she returned from a trip abroad. She was released from prison on December 14 under the agreement that she would perform community service in lieu of serving the remaining time on her sentence.

On February 2, an appeals court upheld a nine-month sentence issued against activist Zainab al-Khawaja in June 2015 for trespassing. In October 2015 a different appeals court reduced a separate sentence against her for tearing up a picture of the king in court from three years to one year. Al-Khawaja claimed she tore up the picture as a political statement, while the government maintained the charge against her was for contempt of court. Police took al-Khawaja into custody on March 14 to serve these two sentences, but authorities released her on May 31 for “humanitarian reasons” after she served 2.5 months of her 21-month sentence. She subsequently left the country and at year’s end remained abroad.

Press and Media Freedoms: The government did not own any print media, but the Ministry of Information Affairs and other government entities exercised considerable control over privately owned domestic print media.

The government owned and operated all domestic radio and television stations. Audiences generally received radio and television broadcasts in Arabic, Farsi, and English from countries in the region, including by satellite, without interference. The ministry reviewed all books and publications prior to issuing printing licenses. The Ministry of Justice and Islamic Affairs reviewed books that discussed religion.

The Ministry of Information Affairs did not renew the accreditation of three journalists who worked for international media agencies, Nazeha Saeed, Reem Khalifa, and Hasan Jamali. The ministry did not give reason for its decision, nor was recourse available. It brought criminal complaints against journalists who continued to work without accreditation.

Violence and Harassment: According to local journalists, authorities harassed, arrested, or threatened journalists and photographers due to their reporting. Authorities claimed, however, that some individuals who identified themselves as journalists and photographers associated with violent opposition groups and produced propaganda and recruiting videos for these groups. International media representatives reported difficulty in obtaining visas to work as journalists. The government arrested or deported individuals who were in the country on other types of visas and who engaged in even limited journalistic activities. The government sentenced several journalists and bloggers arrested in 2015-16 to prison for social media postings.

Censorship or Content Restrictions: Government censorship occurred. Ministry of Information Affairs personnel actively monitored and blocked stories on matters deemed sensitive, especially those related to sectarianism, national security, or criticism of the royal family, the Saudi royal family, or the judiciary. Journalists widely practiced self-censorship. Some members of media reported government officials contacted editors directly and told them to stop writing about certain subjects or told them not to publish a press release or story.

The press and publications law prohibits anti-Islamic content in media and mandates imprisonment for “exposing the state’s official religion for offense and criticism.” The law states, “any publication that prejudices the ruling system of the country and its official religion can be banned from publication by a ministerial order.”

Index on Censorship, an international NGO that supports freedom of expression, reported the ministry’s Press and Publications Directorate banned and confiscated all copies of the book,Political Organizations and Societies in Bahrain, coauthored by Bahraini writer Abbas al-Murshid, and another book by al-Murshid,Bahrain in the Gulf Gazetteer. Additionally, a number of books remained banned from 2010, including the Arabic translation ofThe Personal Diary of Charles BelgraveandUnbridled Hatreds: Reading in the Fate of Ancient Hatreds, by Bahraini author Nader Kadim.

Libel/Slander Laws: The government enforced libel and national security-related laws restricting freedom of the press. The penal code prohibits libel, slander, and “divulging secrets”; and it stipulates a punishment of imprisonment for no more than two years or a fine of no more than 200 dinars ($540). Application of the slander law was selective.

National Security: National security-related law provides for fines of as much as 10,000 dinars ($27,000) and prison sentences of at least six months for criticizing the king or inciting actions that undermine state security, as well as fines of up to 2,000 dinars ($5,400) for 14 related offenses. Punishable activities include publicizing statements issued by a foreign state or organization before obtaining ministry approval, publishing any reports that may adversely affect the dinar’s value, reporting any offense against a head of a state that maintains diplomatic relations with the country, and publishing offensive remarks about an accredited representative of a foreign country due to acts connected with the person’s position.

INTERNET FREEDOM

More than 90 percent of citizens had access to the internet. The government restricted internet freedom and monitored individuals’ online activities, including via social media, leading to degradation of internet and mobile phone services for some neighborhoods and to legal action against some internet users.

On January 4, police arrested optometrist, Dr. Saeed al-Samahiji, for tweets critical of Saudi Arabia’s execution of Shia cleric and political activist Nimr al-Nimr. On April 7, a criminal court sentenced him to a one-year prison term for “insulting a neighboring country.” The appeals court upheld the conviction on September 7. He remained in Jaw Prison at year’s end.

Three days after a sit-in outside of Sheikh Isa Qassim’s house in Diraz began in late June, residents complained that mobile phone networks and internet services were significantly reduced each evening. The offshore-based Bahrain Watch organization concluded two of the three main Internet Service Providers in the country deliberately restricted access for some users each day during certain times.

In 2013 the Ministry of Communication blocked 70 websites in accordance with laws passed following parliament’s recommendations. The government stated that it took this action to prevent access to “terrorist materials,” but NGOs asserted many of the websites featured only political speech. As of year’s end, the websites were intermittently accessible.

ACADEMIC FREEDOM AND CULTURAL EVENTS

The government restricted academic freedom and cultural events. Some academics engaged in self-censorship, avoiding discussion of contentious political issues.

Human rights advocates claimed government officials unfairly distributed university scholarships and were biased against Shia, for both political and religious reasons, when admitting students into certain programs. In 2011 the government instituted interviews into the university selection process, partially to correct for grade inflation, as there is no national standardized test to account for different grading practices across secondary schools; however, students reported authorities asked them about their and their families’ political beliefs as part of the interviews. The government maintained it distributed all scholarships and made all placements based on merit.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

The constitution provides for the right of free assembly, but the law restricts the exercise of this right. The government limited and controlled political gatherings and denied permits for organized demonstrations. For the second year, there were no authorized demonstrations, although the Ministry of Interior generally did not intervene in peaceful, unauthorized demonstrations. The ministry reported it did not approve any major demonstrations during the year due to past failures by organizers to control their own events. Political societies, however, reported the ministry refused even to accept permit requests, whether delivered by hand, by registered post, or by fax. The opposition group Wifaq reported that despite many new requests, its last approval for a march came in 2014.

According to the Ministry of Interior, three persons from the locality where an event will take place must submit a signed request to the chief of public security three days in advance, to receive permission to hold a public gathering. The law outlines the locations and times during which it prohibits functions, including areas close to hospitals, airports, commercial locations, security-related facilities, and downtown Manama. In addition to the locations listed in the law, the chief of public security may change the time, place, or route of the event if there is a possibility that it would cause a breach of public order. The law states mourners may not turn funeral processions into political rallies, and that security officials may be present at any public gathering.

The law states every public gathering shall have a committee consisting of a head and at least two members. The committee is responsible for supervising and preventing any illegal acts during the function. According to the law, the Ministry of Interior is not obligated to justify why it approves or denies requests to allow protests. The penal code penalizes any gathering “of five or more individuals” that is held for the “purpose of committing crimes or inciting others to commit crimes.” Lawyers asserted authorities should not prevent demonstrations in advance based on assumptions crimes would be committed. Authorities prohibited the use of vehicles in any demonstration, protest, or gathering unless organizers obtained special written permission from the head of public security.

Organizers of an unauthorized gathering faced prison sentences of three to six months. The minimum sentence for participating in an illegal gathering is one month, and the maximum is two years. Authorities gave longer sentences for cases where demonstrators used violence in an illegal gathering. The maximum fine is 200 dinars ($540). The law regulates election campaigning and prohibits political activities at worship centers, universities, schools, government buildings, and public institutions. The government did not allow individuals to use mosques, maatams (Shia religious community centers), or other religious sites for political gatherings. During the year authorities questioned and detained some political society officials for discussing political matters in religious venues.

Police arrested or summoned several dozen individuals, including Shia clerics, in relation to their alleged participation in the Diraz sit-in, which began June 20 following the revocation of Sheikh Isa Qassim’s citizenship. On July 30, police arrested Shia cleric Sheikh Sayed Majeed al-Mashaal, head of the banned Islamic Ulema Council, on allegations he participated on June 30 in the sit-in. On August 31, a court sentenced al-Mashaal to two years in prison on these charges and transferred him to Jaw Prison. On December 1, an appeals court reduced an additional one-year sentence he received on October 7 on other charges stemming from his participation in the sit-in on July 19.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, but the government limited this right. The government required all groups to register: civil society groups with the Ministry of Social Development, political societies with the Ministry of Justice and Islamic Affairs, and labor unions with the Ministry of Labor. The government decided whether a group was social or political in nature, based on its proposed bylaws. The law prohibits any activity by an unlicensed society, as well as any political activity by a licensed civil society group. A number of unlicensed societies were active in the country (see also section 3).

A civil society group applying for registration must submit its bylaws signed by all founding members, together with minutes of the founding committee’s meetings containing the names, professions, places of residence, and signatures of all founding members. The law grants the Ministry of Social Development the right to reject the registration of any civil society group if it finds the society’s services unnecessary, already provided by another society, contrary to state security, or aimed at reviving a previously dissolved society. Associations whose applications the authorities rejected or ignored may appeal to the High Civil Court, which may annul the ministry’s decision or refuse the appeal.

Many NGOs and civil society activists asserted the Ministry of Social Development routinely exploited its oversight role to stymie the activities of NGOs and other civil society organizations. While some local NGOs asserted bureaucratic incompetence characterized the ministry’s dealings with NGOs, many others stated officials actively sought to undermine some groups’ activities and imposed burdensome bureaucratic procedures on NGO board members and volunteers. The Ministries of Justice and Interior must vet funding from international sources, and authorities sometimes did not authorize it.

(For information on the closure of the Wifaq political society, see section 3, Political Parties and Political Participation.)

c. Freedom of Religion

See the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government did not always respect these rights.

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

Foreign Travel: The law provides the government may reject for “reasonable cause” applications to obtain or renew passports, but the applicant has the right to appeal such decisions before the High Civil Court. Individuals, including citizens of other countries, reported authorities banned them from travel out of the country due to unpaid debt obligations or other fiduciary responsibilities with private individuals or with lending institutions. The government launched an online website during the year that allowed individuals to check their status before they traveled. Authorities relied on determinations of “national security” when adjudicating passport applications. During the year the authorities prevented a number of activists from leaving the country without providing options for legal recourse.

Starting in June approximately 40 individuals, including activists and opposition figures, reported customs agents stopped them from leaving the country. Individuals reportedly under “travel bans” claimed the government had not informed them of the ban, provided them with an official document citing the reason, or allowed them to present an appeal. In November police summoned some of these individuals to question them regarding allegations they participated in the Diraz sit-in. Critics alleged the authorities tried to build cases against the individuals retroactively to give the travel bans the appearance of legality. Observers noted the travel bans prevented activists from participating in UN Human Rights Council (HRC) sessions and other international events. In July the NIHR urged the government to stop issuing travel bans without a judicial order.

On November 10, authorities charged human rights lawyer, Mohamed al-Tajer, with insulting government institutions, inciting hatred of a religious sect, and misusing a telecommunications device, in part based on statements critical of the government that he made on a social media network. Al-Tajer had been banned from travel to the June HRC session. He was not detained, and the case had not gone to trial as of year’s end.

Exile: There were no reports the government prohibited the return of individuals whom the government maintained were Bahraini citizens. The government, however, prohibited the return of those whose citizenship it formally revoked, or those it no longer considered citizens. There were reports of individuals who lived in self-imposed exile, often to avoid jail time for convictions imposed in their absence.

Citizenship: As a punitive measure, the government continued to revoke citizenship for both criminal and political cases. The minister of interior may also request that the cabinet approve revoking citizenship from a naturalized citizen who has violated specific conditions. The government has not implemented a comprehensive legal review process concerning citizen revocation, as recommended by the NIHR in 2015, to assure the government protected the rights of individuals and their family members. The government did not consider whether individuals may become stateless by these actions and has at times threatened to halt payments of pensions, or remove families from government-assisted housing if a head-of-household loses his citizenship. Some family members, especially females and minor children, reported difficulties renewing their passports and residence cards and obtaining birth certificates for children. During the year the government issued a number of individuals, whose citizenship it had revoked, limited validity Bahraini passports and deported them to Iraq, Iran, and Lebanon. There is no procedure for accused persons to mount a defense prior to having their citizenship revoked.

On June 20, the Bahrain News Agency (BNA) announced the government had revoked Shia cleric Sheikh Isa Qassim’s citizenship. Government sources reported Qassim had the right to appeal the decision, but he declined to do so. On that same day, authorities raided his offices and froze his bank accounts. Authorities indicted him and two staff, Mirza al-Dirazi and Sheikh Hussain al-Mahrous, on money laundering charges citing large transfers of funds overseas that allegedly bypassed banks to avoid detection. Qassim denied the charges and has not attended any court proceedings. His supporters claimed the government targeted Qassim because of his status in the Shia community and asserted Qassim’s office collected the funds and spent them according to Shia customs and obligations. As of December Qassim remained at his home in the village of Diraz. Supporters maintained a sit-in/vigil outside of his house in response to fears police would arrest him. Security forces have limited entrance into and egress out of the village to Diraz residents.

In January 2015 the BNA named 72 individuals who had their citizenship revoked but did not specify what violation each committed. The BNA instead provided a list of violations that may have led the authorities to act, including defaming the image of the regime and defaming brotherly countries. Authorities did not notify these individuals, who learned about the decision from the press. Some of the individuals had previously been involved in activism or in the political opposition. During the year the authorities gave at least three of these individuals limited validity passports and immediately deported them, including Sheikh Mohammed Khojasta on February 22, Hussein KhairAllah Mahood on February 24, and Masaud Jahromi on March 7.

In 2014 the Interior Ministry’s Nationality, Passports, and Residence Directorate summoned 10 Bahrainis, whose citizenship the government revoked for politically motivated reasons in 2012 and against whom it filed criminal lawsuits, requesting them to defend their legal status and indicate whether they had found other citizens willing to sponsor them. Later in 2014, a court found them guilty of being in the country without sponsors and fined each 100 dinars ($270). Their appeal hearing continued in December 2015. On April 17, they lost their appeal. Authorities deported Taimoor Karimi to Iraq on June 26. Human rights organizations reported the remaining nine were at risk to be deported.

In 2014 a court adjourned an appeal brought by Ibrahim Karimi, who filed a constitutional challenge to his citizenship revocation–the only one to do so among the 31 whose citizenship was revoked in 2012. In September 2015 authorities arrested him on new charges related to social media postings and searched his house; authorities also again charged him with living in the country illegally. His trial on the new charges began January 31, and on March 31, he was sentenced to two years in prison. His appeal continued at year’s end. Separately, on March 8, the appeals court upheld the original deportation order against him, putting him at risk of deportation once he completes his current sentence.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The government at times provided protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion; however, this was mostly limited to those who had been able to obtain and maintain employment in the country. Such individuals generally had access to health care and education services while employed but were at risk of being deported if they became unemployed or if their country of origin revoked their passports. The foreign minister told media in September 2015 that Bahrain had accepted “thousands” of Syrian refugees; however, UNHCR reported that as of June, there were 355 refugees registered with the agency.

STATELESS PERSONS

Individuals generally derive citizenship from the father, but the king may confer or revoke it. Since the government only considers the father’s citizenship when determining citizenship, it does not grant children born to a non-Bahraini father citizenship, even if they were born in Bahrain to a Bahraini mother. Likewise, the government does not provide a path to citizenship for foreign men married to Bahraini women, unlike the process by which foreign women married to Bahraini men may become citizens. Human rights organizations reported that these laws have resulted in stateless children, particularly when the foreign father is unable or unwilling to pursue citizenship from his country of origin for his children, or when the father himself was stateless, deceased, or unknown. It was unknown how many stateless persons resided in the country. Stateless persons had limited access to social services, education, and employment. There were reports authorities refused applications for birth certificates and passports for children whose Bahraini fathers were in prison because the fathers were not able to submit the applications in person (see section 6, Children).

The government charged individuals whose citizenship it revoked with violating immigration law.

Citizens have limited ability to choose their government and their political system. The constitution provides for a democratically elected Council of Representatives, the lower house of parliament. A constitutional amendment ratified in 2012 permits the king to dissolve the Council of Representatives, but it requires that he first consult the presidents of the upper and lower houses of parliament as well as the head of the Constitutional Court. The king also has the power to amend the constitution and to propose, ratify, and promulgate laws.

Elections and Political Participation

Recent Elections: Approximately 52 percent of eligible voters participated in parliamentary elections held in November 2014. Turnout was significantly lower in opposition districts, due to a decision to boycott by the main opposition political societies, who expressed a lack of confidence that the elections would produce a parliament that they believed would address their concerns in a fully representative way. Among these concerns the opposition contended the government delineated voter districts to provide for its desired electoral outcomes and marginalize opposition-majority districts. Prior to the election, in January 2014 the government relaunched the National Dialogue, which served as a forum for the government, legislature, and political societies to discuss political solutions to such issues, but it ended eight months later with little progress.

The government did not permit international election monitors. Domestic monitors generally concluded that authorities administered the elections without significant irregularities. There were, however, broader concerns regarding voting district boundaries and limitations on freedom of expression and association.

Violent oppositionists intimidated candidates, including through arson attacks on their personal property and businesses. Boycotters pressured other candidates to withdraw from the race.

Political Parties and Political Participation: The government did not allow the formation of political parties, but more than a dozen “political societies” developed political platforms, held internal elections, and hosted political gatherings. To apply for registration, a political society must submit its bylaws signed by all founding members, a list of all members and copies of their residency cards, and a financial statement identifying the society’s sources of funding and bank information. The society’s principles, goals, and programs must not run counter to sharia or national interest, as interpreted by the judiciary, nor may the society base itself on sectarian, geographic, or class identity. A number of societies operated outside of these rules, and some functioned on a sectarian basis.

The government authorized registered political societies to run candidates for office and to participate in other political activities. On May 22, parliament passed an amendment to the political societies’ law, which banned serving clerics from membership in political societies (including in leadership positions) and involvement in political activities, even on a voluntary basis.

In 2013 the justice minister issued an order stipulating political societies should coordinate their contacts with foreign diplomatic or consular missions, foreign governmental organizations, or representatives of foreign governments with the Ministry of Foreign Affairs, which can elect to send a representative to the meeting. In 2014 the government actively enforced the order when it summoned two leaders of Wifaq for questioning for meeting a visiting foreign official without seeking government permission. There were no further reports of government enforcing this order.

On June 14, the Ministry of Justice filed a motion against the Wifaq political society, requesting the administrative court issue an emergency order to shut down the group and accusing the society of creating “an environment for terrorism, extremism, and violence.” The judge agreed to the immediate suspension of Wifaq’s activities. Authorities sealed Wifaq’s buildings, removed its signs, froze its bank accounts, and blocked its website. Days later, the ministry announced an additional motion to dissolve Wifaq on an expedited basis. On June 28, judges denied Wifaq’s legal team access to records at its headquarters and additional time to prepare its defense. Wifaq’s lawyers resigned in protest, but the case continued before the court. On July 17, the judges formally ordered Wifaq closed and its assets seized, which the administrative appeals court upheld on September 22. On October 26, the ministry announced it would auction off items seized from Wifaq’s headquarters on November 7; but it then put the auction on hold when Wifaq appealed the case to the Court of Cassation on October 30. As of year’s end, the Court of Cassation had not set a date for the hearing.

Individuals active with opposition political society groups also faced repercussions during the year (see section 1.e., Political Prisoners).

Participation of Women and Minorities: The 2014 elections selected three women to parliament’s 40-member lower elected house. Also in 2014 the royal court appointed nine women to the Shura Council, the appointed 40-member upper house, and the prime minister appointed a woman to the 26-seat cabinet. During the year the government appointed two additional women as judges, bringing the total to eight. There were also five female prosecutors.

Shia and Sunni citizens have equal rights before the law, but Sunnis dominated political life, while the majority of citizens are Shia. The 2014 elections brought 13 Shia members to parliament. The appointed Shura Council included 17 Shia members, one Jewish member, and one Christian member. Five of the 26 appointed cabinet ministers were Shia, including one of the deputy prime ministers.

The law provides criminal penalties for official corruption, but the government did not implement the law adequately, and some officials reportedly engaged in corrupt practices with impunity. The law subjects government employees at all levels to prosecution if they use their positions to engage in embezzlement or bribery, either directly or indirectly. Penalties can be up to 10 years’ imprisonment.

Corruption: The Bahrain National Audit Office is responsible for combating government corruption. In November the government released segments of its report to the press, which published parts of it; however, the full report was not published or made available online as of year’s end. The report noted the government’s failure to stay within allocated budget amounts. On May 31, parliamentarians discussed items mentioned in the 2015 report, but they did not release the full report to the public.

Significant areas of government activity, including the security services and the Bahrain Defense Force, lacked transparency, and the privatization of public land continued to be a concern among opposition groups.

Financial Disclosure: The law does not require government officials to make financial disclosures.

Public Access to Information: Through its e-government portal, launched in 2007 but recently expanded, the government provided information about a variety of public stakeholders. For example, individuals were able to access information on travel bans, court cases, utility bills, student exam results, the government’s budget, and other information. Individual ministries also maintained websites of varying qualities, which provided a wide range of information specific to that ministry.

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 some government restrictions. These groups included the Bahrain Human Rights Society, the primary independent and licensed human rights organization in the country; the Bahrain Center for Human Rights, which the government officially dissolved in 2004 but continued to operate and maintained 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. The licensed Bahrain Human Rights Watch continued to issue numerous reports.

Some 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.

In April authorities denied a Solidarity Center representative entry into the country although the individual possessed a valid visa. The purpose of the trip was to meet with a domestic labor organization.

Government Human Rights Bodies: In 2011 the government convened the BICI, chaired by Cherif Bassiouni, whose staff included international human rights experts, and tasked it with investigating allegations of human rights violations–including reports of police brutality, arrests, disappearances, and torture, along with reports of violence by demonstrators against police–in early 2011. It presented recommendations for reform in late 2011, describing a “culture of impunity” in the security services and documenting excessive use of force, including torture and a range of other human rights violations by security forces during the unrest. On May 9, Bassiouni returned to Bahrain on an unannounced visit to meet with the king and the national commission and received an award. The BNA reported that Bahrain had fully implemented the recommendations of the BICI report and suggested Bassiouni concurred. On June 5, Bassiouni published a statement on his website recognizing Bahrain’s accomplishments on BICI implementation, but he made clear his view that the country has not yet fulfilled all of the recommendations of the BICI report. Among outstanding recommendations, Bassiouni said that Bahrain should prioritize the release of prisoners convicted on the basis of their political beliefs and expression and emphasize accountability for those responsible for deaths resulting from torture.

In line with the 2011 BICI report recommendations, the king issued a royal decree in 2013 to re-establish the country’s National Human Rights Organization, now called the NIHR, to receive complaints and investigate allegations of human rights violations. 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 December 2015 and contributed to PDRC, ombudsman, and SIU investigations. Also in December an amendment to the law strengthened the NIHR by giving it the right to conduct unannounced visits to police facilities and increasing its financial independence. Although many observers viewed the NIHR as effectively resourced and independent, other human rights groups doubted the government would implement most of its recommendations and doubted its impartiality.

During the year the government also maintained the Ombudsman’s Office within the Ministry of Interior, the SIU within the PPO, and the PDRC in response to the BICI report’s recommendations. These organizations worked with each other throughout the year.

Local and international observers and human rights organizations continued to view the BICI report as a standard against which to measure the country’s progress on human rights reforms. They expressed concern the government did not make significant progress on other BICI recommendations, including dropping charges against individuals engaged in nonviolent political expression, criminally charging security officers accused of abuse or torture, integrating Shia into security forces, and creating an environment conducive to national reconciliation.

Women

Rape and Domestic Violence: Rape is illegal. 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 years old or in cases where the rape leads to the victim’s death. From January through August, the PPO referred 73 cases of sexual harassment, which can include rape, to courts. The Migrant Workers Protection Society (MWPS) temporarily sheltered approximately 150 women, most of whom were domestic workers, including at least one woman who reported rape. The MWPS estimated hundreds of cases went unreported because domestic workers had difficulty leaving their places of work, or might not possess their passports or other identification needed to open a case.

No government policies or laws explicitly address domestic violence. Human rights organizations alleged spousal abuse of women was widespread. According to the BCHR, 30 percent of women had experienced some form of domestic abuse. Women rarely sought legal redress for violence due to fear of social reprisal or stigma. 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. The shelter had 16 apartments with accommodations for two women in each apartment. The shelter accommodated citizens and noncitizens and provided transportation for children to attend schools. Authorities stationed a policewoman at the shelter, which authorities did not identify on its exterior, to provide security. Victims of domestic violence had difficulty knowing who to contact or how to proceed when filing a complaint. Procedures required interviews of both the victim and the accused at the same police station; there were no provisions in place to prevent accused family members from having access to their victims.

Other Harmful Traditional Practices: “Honor” killings are punishable under the law, but the penal code provides a lenient sentence for the killing of a spouse caught in the act of adultery, whether male or female. There were no reports of honor killings during the year.

Sexual Harassment: The law prohibits sexual harassment, including insulting or committing an indecent act towards a woman in public, with penalties of prison and fines. The government reported that from January through August, there were 268 cases of reported sexual harassment, and the PPO transferred 73 to court. Of those cases 25 resulted in convictions; the remaining cases were pending at year’s end. Although the government sometimes enforced the law, sexual harassment remained a widespread problem for women, especially foreigners employed as domestic workers and in other low-level service jobs.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. Health centers required women to obtain spousal consent to undergo sterilization; this consent requirement did not apply for provision of other family planning services.

Discrimination: Women faced discrimination under the law. A woman cannot transmit nationality to her spouse or children (see section 2.d., Stateless Persons). Women have the right to initiate divorce proceedings, but both Shia and Sunni religious courts may refuse the request, although the refusal rate was significantly higher in Shia courts than in Sunni courts, with Shia courts often refusing to grant the divorce due to differences in legal codes. In divorce cases the courts routinely granted mothers custody of daughters younger than age nine and sons younger than age seven. Custody usually reverted to the father once girls and boys reached the ages of nine and seven, respectively. Regardless of custody decisions, the father retains guardianship, or the right to make all legal decisions for the child, until a child reaches the age of 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 Sunnis and Shia. Only Sunni family law is codified, while Shia maintain separate judicial bodies composed of religious jurisprudents charged with interpreting sharia. It was not always clear which courts have jurisdiction in 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, as governed by sharia, and the brothers or other male relatives of the deceased divide the balance. Better-educated families used wills and other legal tools to mitigate the discriminatory effects of these rules.

Labor laws prohibit discrimination against women, but discrimination against women was systemic, especially in the workplace (see section 7.d.). The law prohibits wage discrimination based on gender. Although women held positions of authority in the government and private sector, they did not have proportional representation. Cultural barriers and religious tradition sometimes hampered women’s rights.

On April 5, parliament passed a royal decree lifting all reservations on the Convention on the Elimination of all Forms of Discrimination Against Women.

Children

Birth Registration: Individuals derive citizenship from one’s father or by decree from the king. Women cannot transmit their nationality to their children, rendering stateless some children of citizen mothers but noncitizen fathers (see section 2.d., Stateless Persons). Authorities do not register births immediately. From birth to the age of 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. The birth certificate does not include the child’s religion. 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.

The wife of imprisoned Wifaq secretary general Sheikh Ali Salman was unable to get a passport and other civil documents for their young child while her husband was in prison. She reported that various authorities told her Salman would have to come into each of their offices in person to sign the applications. The Ministry of Interior did not facilitate transportation of prisoners to government offices to address administrative or financial matters, nor did it make these types of services available in detention facilities.

Education: Schooling is compulsory for children until age 15 and provided free of charge to citizens and legal residents through grade 12. Authorities segregated government-run schools by gender, although the schools educated girls and boys with 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; however, there is little provision for parents to request alternate religious instruction, including for the large population of Shia enrolled in public schools.

Child Abuse: NGOs reported an increase in child abuse cases in recent years, but they were unsure whether it reflected increases in abuse or greater willingness to report it. Sharia courts, not civil courts, address crimes involving child abuse, including violence against children. NGOs expressed concern over the lack of consistently written guidelines for prosecuting and punishing offenders and the leniency of penalties in child abuse cases. As of August the PPO reported 67 sexual harassment cases registered where the victim was a child. In August the Ministry of Social Development reported it had helped 335 children since the beginning of the year, and its child abuse hotline had received 1,200 calls.

There were reports police approached children outside of 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 old for girls and 18 years old for boys, but special circ*mstances allow marriages below these ages with approval from a sharia court. The government made concerted efforts to draw attention to the dangers of early marriage for girls and the adverse effect on children’s health.

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 ($5,400) for individuals and at least 10,000 dinars ($27,000) for organizations. Penalties vary depending on the specific law involved. The law also prohibits child p*rnography. There is no minimum age for consensual sex, as the law assumes there is no consensual sex outside of marriage.

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’sAnnual Report on International Parental Child Abductionattravel.state.gov/content/childabduction/en/legal/compliance.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’sTrafficking in Persons Reportatwww.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. It was unclear whether the government enforced these laws. According to the government, it re-established in 2012 a committee originally formed in 2011 to care for persons with disabilities and included representatives from all relevant ministries, NGOs, and the private sector. The committee is responsible for monitoring violations against persons with disabilities; it was unclear whether the committee acted on any incidents during the year.

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, however, does not outline specific criteria for what authorities required for facilities to be accessible for persons with disabilities. The law does not mandate access to other nonresidential buildings for persons with disabilities. There was no information available regarding a law providing access for persons with disabilities to information and communication.

There was no information available on the responsibilities of government agencies to protect the rights of persons with disabilities or on actions taken by government agencies to improve respect for their rights. According to anecdotal evidence, however, such persons routinely lacked access to education and employment. The one 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 Down syndrome, but the government did not fund private programs for children who could not find appropriate programs in public schools.

Eligible voters can vote either in their regular precincts or in a general polling station. The local precincts, which are mostly in schools, sometimes offered problems to those with mobility disabilities; however, the general polling stations are in public spaces such as malls, which allow for assistance devices. One candidate with disabilities in the 2014 parliamentary election complained that access restrictions separated him from the other candidates at a function, as there was no ramp for him to access the stage as a wheelchair user. There were also complaints there were no provisions made for those who were restricted to their house or a hospital to vote, as 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. The government placed persons with disabilities in some public-sector jobs.

In 2013 the minister of social development and chairperson for the High Committee for Persons with Disabilities, Fatima Mohammed al-Balooshi, announced the launch of a National Strategy for the Rights of Persons with Disabilities in cooperation with the UN Development Program. At year’s end the Ministry of Labor and Social Development continued to work with the UN agency on support activities connected to the strategy.

National/Racial/Ethnic Minorities

The law grants citizenship to 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 was a lack of transparency in the naturalization process, and there were numerous reports authorities did not apply the citizenship law uniformly. There were allegations the government allowed foreign Sunni employees of the security services who had lived in the country for fewer than 15 years to apply for citizenship. There were also reports authorities had not granted citizenship to Arab Shia who had resided in the country for more than 15 years and non-Arab foreign residents who had resided more than 25 years. There were reports of general discrimination, especially in employment practices, 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 (see section 7).

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

The law does not criminalize same-sex sexual activity between consenting persons who are at least 21 years of age. Society did not accept lesbian, gay, bisexual, transgender, and intersex (LGBTI) activities, such as same-sex relationships and same-sex sexual activity, and discrimination based on sexual orientation or gender identity occurred. There were no open manifestations of LGBTI activity in the country, such as gay pride parades. On rare occasions courts approved the issuance of new legal documents for those who have undergone gender reassignment surgeries. In September, Bahrain TV aired a program discussing the legal rights and procedures of transgender individuals who wish to transition.

In April, two female students were arrested and sentenced to one-month in jail for kissing in a car. In September police raided a private party in Sanad and arrested 54 men for engaging in “obscene acts.” In November the court acquitted 26 and sentenced 26 to one-month and two to three-months in jail.

HIV and AIDS Social Stigma

The media reported few cases of HIV/AIDS. There were no known reports of 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. At times in the past, the government deported migrant workers found to be HIV/AIDS positive, but the status of deportations during the year was unclear.

Other Societal Violence or Discrimination

The Ministry of Social Development continued to implement its national social and economic reconciliation plan Wi’da Wa’da. The ministry funded 20 local NGOs to promote reconciliation and solidarity and organized periodic workshops related to national unity and communication between all parties. The ministry established a High Committee for Advising Youth and Resolving Criminal Cases for youth involved in violent activity. The committee sought to limit children’s participation in violent protests. Its strategy included organizing family consultations, assuring that students attend school, and holding parents responsible for their children’s behavior.

The government’s 2013 BICI follow-up report noted the Ministry of Education continued to work with UNESCO experts on incorporating human rights principles in textbooks. The report also indicated the ministry had signed cooperation agreements with the International Bureau of Education in Geneva.

a. Freedom of Association and the Right to Collective Bargaining

The constitution and labor code recognize the right to form independent trade unions and the right to strike, with significant restrictions. The law does not provide for the right to collective bargaining.

The law prohibits trade unions in the public sector. Public-sector workers may join private-sector trade unions and professional associations, although these entities cannot bargain on their behalf. The law also prohibits members of the military services and domestic workers from joining unions. Foreign workers, who comprised approximately 60 percent of the workforce, may join unions if they work in a sector that allows unions, although the law reserves union leadership roles for citizens. The law prohibits unions from engaging in political activities and requires all trade unions to affiliate with one of the country’s two legal federations, the General Federation of Bahrain Trade Unions (GFBTU) or the Bahrain Free Labor Union Federation (BFLUF).

The law specifies only a trade union can organize and declare legal strikes and imposes excessive requirements for legal strikes. The law prohibits strikes in 10 “vital” sectors–the scope of which exceeds international standards–including the oil, gas, education, telecommunications, transportation, and health sectors, as well as in pharmacies and bakeries. The law makes no distinction between “vital” and “nonvital” employees within these sectors. Workers must approve a strike with a simple majority by secret ballot and provide 15 days’ notification to the employer before conducting a strike.

A 2012 law significantly amended the labor code as it pertains to trade unions and federations. The law allows multiple trade union federations but prohibits multisector labor federations and bars individuals convicted of violating criminal laws that lead to trade union or executive council dissolution from holding union leadership posts. The amendment gives the minister of labor, rather than the unions, the right to select the federation to represent workers in national-level bargaining and international forums. In 2014 authorities amended the private-sector labor law, replacing “GFBTU” wherever it appeared in the legislation with the phrase “the appropriate federation designated by the minister of labor.” The law does not prohibit antiunion discrimination, nor does it require reinstatement of workers fired for union activity.

The government generally respected freedom of association for workers. Relations between the main federations and the Ministry of Labor were publicly contentious at times. The government sometimes interfered in GFBTU activities. The GFBTU alleged that the government intended the legal amendments allowing the minister of labor to select a representative union to undermine its position as the country’s representative labor federation.

Following a revision to the law, which provides for multiple trade union federations, in 2012 authorities established a second federation, BFLUF. The ministry had consistently designated the GFBTU as the country’s representative, but in 2015 it designated the BFLUF to represent the country before the Arab Labor Organization. Some workers and union affiliates complained union pluralism had resulted in company management interfering in union dues collection and workers’ chosen union affiliation and in management choosing to negotiate with the union they found most favorable–to the detriment of existing collective bargaining agreements and the legitimate voice of workers.

During the year the government made efforts to provide for the reinstatement of workers dismissed or suspended during the 2011 State of National Safety. It continued working with the tripartite committee, formed in 2011 and consisting of a representative from the Ministry of Labor, the Bahrain Chamber of Commerce and Industry, and GFBTU, to address dismissals and reinstatements as part of the government’s response to recommendations set forth in the 2011 BICI. In 2014, after signing a second tripartite agreement, the ILO dismissed the complaint filed in 2011. This agreement identified 165 cases to be resolved, and all parties reported positive progress on those reinstatements. Some reinstated workers, however, alleged some companies insisted they sign loyalty pledges and agreements to not strike, despite such requirements being illegal. Workers reported many cases of discrimination in hiring and promotion, including in the public sector. Some civil service employees, including in the Ministry of Education, reported authorities questioned them about their outside activities.

On July 17, hundreds of foreign construction workers went on strike over unpaid salaries. The Ministry of Labor and Social Development intervened and announced on July 24 that the situation had been resolved with the company providing its employees the money they were owed.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor except in national emergencies, and the government did not always enforce the law effectively. There were reports of forced labor in the construction and service sectors. The labor law covers foreign workers, except domestic workers, but enforcement was lax, and cases of debt bondage were common. There were also reports forced labor practices occurred among domestic workers and others working in the informal sector; labor laws did not protect most of these workers. In 2012 the government amended the labor law to provide domestic workers the right to see their terms of employment.

In many cases employers withheld passports, restricted movement, substituted contracts, or did not pay wages; some employers also threatened workers and subjected them to physical and sexual abuse. The Ministry of Labor reported complaints from domestic workers, mostly of unpaid wages. In 2013 the Ministry of Social Development took steps to fulfill its legal obligation under the trafficking in persons law to identify and protect foreign victims of trafficking, including by creating comprehensive guidelines and training government officials on the framework to protect trafficking victims.

Estimates of the proportion of migrant workers in the country under illegal “free visa” arrangements–a practice that can contribute to debt bondage–ranged from 10 to 25 percent. In numerous cases employers withheld salaries from foreign workers for months or years and refused to grant them permission to leave the country. Fear of deportation or employer retaliation prevented many foreign workers from complaining to authorities.

The Labor Market Regulatory Authority (LMRA) took steps to reduce the vulnerability of foreign workers. It instituted procedures that allowed workers to change the employer associated with their visa either without permission from their old employer or without being in possession of their passport. LMRA threatened employers who withheld passports with criminal and administrative violations, and prohibited at-fault employers from hiring new workers.

On January 3, the LMRA announced that the amnesty from July through December 2015, aimed at allowing workers without work permits to legalize their presence in Bahrain or return home without being “blacklisted,” had succeeded in helping more than 40,000 workers. Of those who submitted documents, 30,000 opted to stay in Bahrain and found new employers to sponsor them, while 10,000 returned to their home countries.

Also see the Department of State’sTrafficking in Persons Reportathttp://www.state.gov/j/tip/rls/tiprpt//.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 15 years, and the minimum age for hazardous work is 18. Children under 18 may not work in industries the Ministry of Health deemed hazardous or unhealthy, including construction, mining, and oil refining. Minors under the age of 18 may work no more than six hours a day–no more than four days consecutively–and may be present on the employment premises no more than seven hours a day. The Ministry of Labor made rare exceptions on a case-by-case basis for juveniles age 14 or 15, who had an urgent need to assist in providing financial support for their families. Child labor regulations do not apply to family-operated businesses in which the only other employees are family members.

A 2012 labor law requires that before the Labor Ministry makes a final decision on allowing a minor to work, the prospective employer must present documentation from the minor’s guardian giving the minor permission to work, proof the minor underwent a physical fitness examination to confirm suitability, and assurance from the employer the minor would not work in an environment the ministry deemed hazardous. Generally, the government effectively enforced the law.

There were some non-Bahraini children employed as domestic servants. Observers believed some Bahraini children worked in family-run businesses, but the practice did not appear widespread.

Also see the Department of Labor’sFindings on the Worst Forms of Child Laboratwww.dol.gov/ilab/reports/child-labor/findings/.

d. Discrimination with Respect to Employment and Occupation

The constitution provides for equality between men and women in political, social, cultural, and economic spheres without breaching the provisions of Islamic canon law. There are no specific protections regarding race, disability, language, sexual orientation and/or gender identity, HIV-positive status or having other communicable diseases, or social status. The government lacked any specific implementing regulations or processes to identify proactively cases of discrimination or to address and seek remedy for any cases of which they might become aware.

The government took steps to promote women’s participation in the workforce, although women continued to face discrimination there, especially in fields traditionally dominated by men, including leadership positions. Women reported having to work harder than men to be recognized at work; they often faced hiring discrimination because of a perception they would become pregnant or their family lives would interfere with their work.

The Ministry of Social Development continued to fund the Disabled Services Center, which helped train and find work for Bahrainis with disabilities. It remained rare, however, for persons with disabilities to find employment in positions of responsibility. Many workplaces remained difficult to access for those needing assistance due to a lack of ramps, narrow doorways, and unpaved parking lots.

Many of the workers in the country were foreign workers. There are no provisions to provide for equality in the hiring process. It was common for employers to advertise positions for specific nationalities or languages without justifying why only persons from that specific nationality or language group would be acceptable. Even for blue-collar jobs, such as those in fast-food restaurants, it was common for employers to hire lower-level employees from one nationality and managerial staff from a second nationality.

Government institutions sometimes based their hiring decisions on a person’s nationality, often without regard to qualifications. Some Bahraini teachers complained authorities ignored them for public school teaching jobs because authorities hired foreign teachers instead. Well-qualified Bahrainis reported being paid less than certain foreign workers because those workers were of a preferred nationality.

Lack of transparency in hiring processes, especially for government positions, led to many complaints of discrimination based on sect or ethnicity. Human rights organizations reported managers sometimes did not hire qualified applicants because of the neighborhoods where they lived or their family names.

Shia reported unemployment in their communities was much higher than government estimates. Several international firms reported pressure not to promote Shia to positions of responsibility within their companies. Shia perceived that employers subjected them to different standards and that employers were more likely to fire them. Sunni citizens often received preference for employment in sensitive government positions, notably in the managerial ranks of the civil service and the military. Shia asserted they were unable to obtain government positions, especially in the security services, because of their religious affiliation. There were reports during the year that Shia were also discriminated against when they applied for medical positions at institutions associated with the military such as the Bahrain Defense Force and King Hamad hospitals.

e. Acceptable Conditions of Work

There is no national private-sector minimum wage. A standardized government pay scale covers public-sector workers, with a set minimum of 300 dinars ($810) per month. Citizens who earned less received a government stipend to offset the difference. There is no minimum wage for foreign workers in the public sector, although the government issued “guidelines” advising employers in the public and private sectors to pay a minimum of 150 dinars per month ($405). There was no official poverty level.

Subject to the provisions of the private-sector law, employers may not employ a worker for more than 48 hours per week. Employers may not employ Muslim workers during the month of Ramadan for more than six hours per day or 36 hours per week. The standard workday is eight hours, with a maximum of 10 hours allowed. Overtime rates are time-and-a-quarter during the day and time-and-a-half during the evening. It is mandatory for workers to receive 24 consecutive hours off per week, and the day set for weekly rest is Friday. If employers require a worker to work on a mandatory rest day, employers will pay the worker at time-and-a-half. A worker may not work on mandatory rest days for two consecutive weeks without personal written consent.

The Ministry of Labor sets occupational safety and health standards. The labor law and relevant protections apply to citizens and noncitizens alike, with the exception of domestic workers. The revised labor law improved the legal situation for many workers as it pertains to access to contracts and additional holidays, although it excludes domestic workers from the majority of protections.

The Labor Ministry is responsible for enforcing the labor law and mandating acceptable conditions of work. During the year the government employed 23 labor inspectors and eight safety inspectors. The ministry enforced occupational safety and health standards; it also used a team of eight engineers from multiple specialties primarily to investigate risks and standards at construction sites, which were the vast majority of worksites.

Several circ*mstances prompt inspections: a complaint made to the ministry, notification of a new worksite made to the ministry, a media article about a new worksite, or discovery of a new worksite by an inspector in an assigned geographic area.

Inspectors have the authority to levy fines and close worksites if employers do not improve conditions by specified deadlines. Penalties for violators range from 500 dinars ($1,350) to 1,000 dinars ($2,700) per violation or per worker affected, or both, as determined by a judge. A judge may also sentence violators to a minimum of three months in prison. For repeat violators the court may double the penalties. The ministry reported an unspecified number of violators were serving sentences related to labor condition violations during the year.

Despite the improvements, NGOs feared resources for enforcement of the laws remained inadequate for the number of worksites and workers, that many worksites would not be inspected, and that the regulations would not necessarily deter violations.

A ministerial decree prohibits outdoor work between noon and 4 p.m. during July and August because of heat conditions. Authorities enforced the ban among large firms but, according to local sources, violations were common among smaller businesses. After inspecting 10,053 work sites, the Ministry of Labor reported 106 violations with 235 workers as victims. Employers who violated the ban are subject to up to three-months in jail, and a fine of 1,000 dinars ($2,700) fine; however, no information was made public about which employers violated the law, or what fine they were accessed, if any.

The government and courts generally worked to rectify abuses brought to their attention. Workers could lodge complaints with the Ministry of Labor. The ministry reported it received 2,684 complaints in 2015, the last year information was available. Labor officials stated they resolved most cases through mediation. By law authorities who cannot settle complaints through arbitration must refer them to the court within 15 days. The vast majority of cases involving abused domestic workers did not reach the ministry or the public prosecutor.

In February the Ministry of Labor reported it had taken legal action against 112 labor accommodations since 2012 and that employers corrected 436 irregularities after inspections and warnings. In April 2015 the Ministry of Labor reported there were more than 3,000 registered labor camps housing more than 150,000 workers in the country. In 2015 the ministry inspected 1,300 accommodations and recorded 70 violations, but it did not make public its enforcement actions. Many workers lived in unregistered accommodations that ranged in quality from makeshift accommodations in parking garages, to apartments rented by employers from private owners, to family houses modified to accommodate many persons. Inspectors do not have the right to enter houses or apartment buildings not registered as work camps to inspect conditions. The Labor Ministry advised the Ministry of Works, Municipalities Affairs, and Urban Planning and the Ministry of Housing when it received complaints of poor conditions in such housing. The Migrant Workers Protection Society reported it visited unregistered camps and accommodations, including ones that were potentially dangerous, such as places with 35 persons sharing three rooms.

The government continued to conduct workers’ rights awareness campaigns. It published pamphlets on foreign resident workers’ rights in several languages, provided manuals on these rights to local diplomatic missions, and operated a telephone hotline for victims.

Violations of wage, overtime, and occupational safety and health standards were common in sectors employing foreign workers, such as construction, automotive repair, and domestic service. Unskilled foreign workers, mostly from South and Southeast Asia, constituted approximately 60 percent of the total workforce (76 percent of the private-sector workforce). These workers were also vulnerable to dangerous or exploitive working conditions. According to NGOs, workplace safety inspection and compliance were substandard.

Local sources reported that lack of awareness of terms of employment remained a problem. Some foreign workers arrived in the country at the invitation of an employer who sponsored their visas but then switched jobs. Some of these workers continued to pay a portion of their salaries to their former employer who continued to be legally responsible for their visas.

The labor law does not fully protect domestic workers, and this group was particularly vulnerable to exploitation. In 2012 the government amended the labor law to expand the rights of domestic employees, not covered under the previous law. The labor law requires domestic employees have an agreement with their employer with “clear contractual terms” and provides penalties for violators. The amendments, however, do not accord domestic employees many of the rights the law provides to other private-sector workers, including limits on daily and weekly working hours, and rest days.

There were credible reports employers forced many of the country’s 70,000 domestic workers, most of them women, to work from 12- to 16-hour days and surrender their identity documents to employers. Employers permitted very little time off; left them malnourished; and subjected them to verbal and physical abuse, including sexual molestation and rape. Reports of employers and recruitment agents beating or sexually abusing foreign women working in domestic positions were common. The press, embassies, and police received numerous reports of abuse.

The vast majority of cases involving abused domestic workers did not reach the Ministry of Labor or PPO for a variety of reasons. Most victims were too intimidated to sue their employers, although they had the right to do so. Some NGOs and activists reported that workers involved in a dispute with their employer were given the option to either leave the country or face jail time if the employer filed a counter-suit against them; in many cases the worker left the country, and the potentially abusive employer was able to bring in additional domestic workers with no repercussions. NGOs also reported the court system made it difficult for workers, who frequently did not have permanent home addresses in the country, to receive notices about their cases once they filed them. Additionally, if employees needing visa sponsorship filed a case against their employers, they were unable to request a transfer of their sponsorship to a new employer. If employees stayed in the country, they could work for other employers unofficially. Once they departed the country, however, they could not get a work visa with a new sponsor until authorities resolved the case with the previous employer.

During the year the MWPS shelter provided more than 150 female domestic workers with temporary housing and assistance with their cases. The majority of women in these cases sought assistance with unpaid wages and complaints of physical abuse. The MWPS continued to support victims who took their cases to court, but by law victims can receive only outstanding unpaid wages; no criminal damages are possible unless the victim has alleged a crime found in the criminal penal code has occurred, such as physical abuse or rape. While NGOs confirmed some cases were successful, compensation was meager. The government-run Dar al-Aman shelter moved to a new facility co-located with a branch of the LMRA and an office that runs a multilingual 24-hour help line for domestic workers who are abused.

The Ministry of Labor did not make public the number of deaths or injuries in workplace accidents. There were social media and press reports throughout the year, however, including the March 4 death of a cleaner on board a ship, and March 31 and November 9 reports on the deaths of two construction workers. Worker deaths generally were due to a combination of inadequate enforcement of standards, violations of standards, inadequate safety procedures, worker ignorance of those procedures, and inadequate safety standards for equipment. According to NGO sources, most accidents were in the construction sector, which employed more Bangladeshis and Pakistanis than other nationalities.

The MWPS noted suicide attempts were common among Indian workers but claimed the media underreported them.

Conditions in the many unregistered or illegal worker camps were often poor. Safety of accommodations and quality of life for workers were problems that continued to be a major concern at source-country embassies.

While some workers can remove themselves from situations that endanger health or safety without jeopardizing their employment, the level of freedom workers enjoyed directly related to the type of work they do. Foreign laborers and domestic workers have the most difficulty removing themselves from dangerous situations and have the fewest protections from firing. Both sets of workers relied on employers not just for housing but also for food, clothing, and transportation. They were also the least equipped to file a complaint due to language barriers, level of education, and inability to produce a government-issued identification card, which many employers retain.

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

The constitution provides for the rights to life and personal liberty. Media and local and international human rights organizations reported the government or its agents committed numerous arbitrary or unlawful killings.

Suspicious deaths occurred during raids, arrests, and other law enforcement operations. Often security forces claimed they took a suspect in custody to a crime scene or hideout late at night to recover weapons or identify conspirators and that the suspect was killed when his conspirators shot at police. The government usually described these deaths as “crossfire killings,” “gunfights,” or “encounter killings,” terms used to characterize exchanges of gunfire between RAB or police units and criminal gangs, although the media sometimes also 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 (EJKs), In some cases, human rights organizations claimed that law enforcement units would detain, interrogate, and torture suspects, bring them back to the scene of the original arrest, execute them, and ascribe the death to lawful self-defense in response to violent attacks. One human rights organization reported that 150 individuals were killed in “crossfire” incidents in the first nine months of the year, including 34 by RAB, 11 by the Detective Branch of police, one by the Bangladesh Border Guard (BGB), three in a joint SWAT operation, and 61 by other police forces. Another human rights organization reported that security forces killed 118 individuals in the first nine months of the year.

Authorities claim that on August 5 a suspected Islamic extremist named Shafiul Islam Don was killed in a gunfight that occurred when attackers fired on a RAB vehicle transporting the suspect. RAB officials claim that Don confessed in custody to participating in a July 7 attack on an Eid ceremony in Sholakia. Similarly, Ghulam Faijullaha Fahim died in police custody on June 18 when officers allegedly took him to capture his associates, who then attacked police. Local persons had apprehended Fahim when he attempted to attack a mathematics teacher on June 15, and they turned him over to police. Other suspects were killed when police tried to apprehend them. For example, on June 19 police killed Shariful Islam Shihab, a suspect in the murder of the blogger Avijit Roy. Authorities stated that Shariful and two accomplices opened fire on the police as they tried to flee on a motorbike; the two accomplices reportedly escaped.

Although not as numerous or widespread as 2015, politically motivated killings continued by both members of the ruling and opposition parties. A human rights organization reported that political violence resulted in 209 deaths. Violence committed by student and youth wings of political parties was a problem. Violence also occurred between supporters of the ruling party. In July, one person died when two factions of the Bangladesh Chhatra League clashed at Comilla University over placing wreaths at the portrait of founding leader Sheikh Mujibur Rahman.

As of October, groups claiming affiliation with transnational terrorist organizations, including Da’esh and AQIS, claimed to have killed 39 individuals, including members of religious minorities, academics, foreigners, LGBTI activists, and members of security forces. Another 31 attacks were unclaimed. Members of the Hindu minority population constituted a significant portion of the victims.

b. Disappearance

Human rights groups and media reported that multiple disappearances and kidnappings continued, some committed by security services. The government made limited efforts to prevent or investigate such acts. The United Nations Working Group on Enforced or Involuntary Disappearances contacted the government on March 9 concerning the “reportedly alarming rise of the number of cases of enforced disappearances in the country” and had 34 outstanding cases under review as of May 18, but the working group did not receive a response. Following alleged disappearances, security forces released some individuals without charge, arrested some, some were found dead, and others were never found. A human rights organization claimed that individuals in law enforcement uniforms or claiming to be law enforcement “kidnapped” 84 individuals in the first 11 months of the year. Targets of disappearances included individuals affiliated with opposition political parties.

On the night of August 22, Abdullahil Amaan Azmi, son of convicted war criminal and former Jamaat leader Ghulam Azam, was allegedly abducted from his Dhaka apartment by men in plain clothes who reportedly identified themselves as members of the Detective Branch. Unlike his father, Azmi was never an official member of Jamaat. He is a known figure in Bangladesh politics and active on social media, however, and his Facebook posts were often critical of the government. Similarly, on August 9, Mir Ahmed Bin Quasem, son of top Jamaat leader and convicted war criminal Mir Quasem Ali, was allegedly abducted. Mir Ahmed had been serving as the legal representative for Jamaat until his abduction. On August 4, Hummam Quader Chowdhury, son of senior Bangladesh Nationalist Party (BNP) leader and executed war criminal Salauddin Quader Chowdhury, was also reportedly picked up by unidentified men. They are widely reported to remain in government detention.

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

Although the constitution and law prohibit torture and other cruel, inhuman, or degrading treatment or punishment, local and international human rights organizations and the media reported security forces, including RAB, intelligence services, and police, employed torture and physical and psychological abuse during arrests and interrogations. Security forces reportedly used torture to gather information from alleged militants although members of political opposition parties claimed that security forces also targeted activists within their parties. Security forces reportedly used threats, beatings, kneecappings, and electric shock, and law enforcement officers sometimes committed rapes and other sexual abuses. Two prominent human rights organizations stated that security forces tortured eight persons to death in the first nine months of the year.

The law contains provisions allowing a magistrate to place a suspect in interrogative custody, known as remand, during which questioning of the suspect can take place without a lawyer present. Human rights organizations alleged that many instances of torture occur during this remand period as a means of obtaining information from the suspect. On November 10, the Supreme Court issued guidelines for arrest without warrant and interrogation of suspects on remand, aimed at preventing legal detention of citizens not charged with a crime. In its bid to reduce custodial torture, the court issued guidelines for law enforcement personnel as well as the courts regarding medical checks for detainees on remand and probes into allegations of torture. The court also asked the government to amend certain sections of the Criminal Procedure Code (CrPC) to reduce police abuse of citizens (see section 1.d).

A human rights organization claimed that law enforcement personnel shot 16 detainees in the legs during the first 11 months of the year. A Human Rights Watch report released in September detailed the cases of 25 individuals shot in the legs by security forces since 2013, including one case in 2016 when a news reporter and human rights organization volunteer Mohammad Afzal Hossain was shot in the leg by security forces while reporting on voting irregularities in an election between two Awami league candidates in Rajapur. On January 15, Anwar Hossain Mahbub, Joint Secretary of a ward-level BNP unit, was arrested and allegedly tortured in prison, leading to his death on February 16. Idris Ali, a madrassa teacher and two-time local council chairman candidate for Jamaat, was reportedly kidnapped by plain-clothes security officials on August 4 and found dead on August 12 with alleged signs of torture, including broken hands and legs and cut tendons. On June 8, police in Jessore reportedly tortured a 16-year-old boy named Ainul Haque Rohit for allegedly stealing a motorbike. A human rights organization stated that police detained Rohit for 30 hours during which they blindfolded him; beat his joints, fingers, toes, and soles of his feet with a wooden rod; stuffed his vest in his mouth; and poured water in his nose for 10 minutes. The police reportedly released Rohit after receiving a bribe from his family. There was no accountability for these specific actions, and the government rarely charged, convicted, or punished those responsible for similar abuses.

Security forces at times committed rape and other sexual abuse of detainees and others. On May 22, assistant sub-inspector Delwar Hossain of Dagonbhuiyan Police Station, with assistance from officer Abdul Mannan, raped a woman who went to the station to file a complaint over a family dispute. The woman later filed a case under the Women and Children Repression Prevention Act and the authorities brought the two men to court, where they were found guilty and sent to prison.

Starting in January, the government investigated allegations that two Bangladeshi peacekeepers sexually abused a minor in the Central African Republic in 2015. One was dismissed from service and sentenced to one year in prison, and the allegations against the second peacekeeper were found to be unsubstantiated. The government continues to investigate an allegation, which came to light in February 2016, that a Bangladeshi peacekeeper sexually exploited an adult in the Democratic Republic of the Congo in late 2015/early 2016. The government made the example of the peacekeeper sentenced for sexual abuse in the Central African Republic available as part of an awareness-raising campaign and incorporated it into the pretraining peacekeeping deployment curriculum.

Prison and Detention Center Conditions

Prison conditions remained harsh and at times life threatening due to overcrowding, inadequate facilities, and lack of proper sanitation. Odhikar stated these conditions contributed to custodial deaths, with 54 prisoners dying in prison in the first 11 months of the year.

Physical Conditions: According to the Department of Prisons, in October there were 78,578 prisoners in a system designed to hold 36,614 inmates. Authorities often incarcerated pretrial detainees with convicted prisoners.

Due to overcrowding, prisoners slept in shifts and did not have adequate toilet facilities. According to GIZ, the prisons do not meet minimum standards for adequate light, air, decency, and privacy. Human rights organizations and the media stated some prisoners did not receive medical care or water although prison authorities stated that each prison has access to water. Water available in prisons was comparable with water available in the rest of the country, which was frequently not potable. Human Rights Commission Chairman Kazi Reazul Hoque told the media on August 23 after visiting the newly built Dhaka Central Jail in Keraniganj that human rights are being violated in the prison. He further said, “We will visit the prison every three months to improve the situation.” Despite the new facility, there were still problems there. Prisoners at the new Dhaka Central Jail told the media in May that they must pay approximately 30,000 taka ($381) per month for food, bathing and toilet use, places to sleep, and other services. Authorities reportedly charged additional fees for visits with family members.

Conditions in prisons, and often within the same prison complex, varied widely, because authorities lodged some prisoners in areas subject to high temperatures, poor ventilation, and overcrowding. The law allows individuals designated as VIPs to access “division A” prison facilities with improved living conditions and food, more frequent family visitation rights, and provision of a poorer prisoner to serve as an aide in their cell.

While the law requires holding juveniles separately from adults, many juveniles were incarcerated with adults. Children were sometimes imprisoned (occasionally with their mothers) despite laws and court decisions prohibiting the imprisonment of minors.

Authorities routinely held female prisoners separately from men. Although the law prohibits women in “safe custody” (usually victims of rape, trafficking, and domestic violence) from being housed with criminals, officials did not always provide separate facilities. Women were not permitted to leave this custody without permission from the authorities.

Although Dhaka’s new central jail has facilities for people with mental disabilities, specific provisions generally do not exist for people with disabilities. Judges may, however, reduce punishments for persons with more significant disabilities on humanitarian grounds and jailors may make special arrangements, for example, transferring inmates with more significant disabilities to the prison hospital. The prison hospital accommodates people with physical disabilities, the elderly, and those with broken limbs and cardiac problems, among other issues.

Administration: There were no prison ombudsmen for prisoners to submit complaints. Prison authorities indicated that they are constrained by significant staff shortages. The scope for retraining and rehabilitation programs was extremely limited.

Independent Monitoring: The government permitted visits from the International Committee of the Red Cross and assistance from some international donors. The government allowed the Bangladesh Red Crescent Society to visit foreign detainees. Government-appointed committees composed of prominent private citizens in each prison locality monitored prisons monthly but did not publicly release their findings. District judges occasionally visited prisons.

Improvements: On July 29, prison authorities transferred 6,511 inmates from the 200-year old Dhaka Central Jail to a new location in Keraniganj on the outskirts of Dhaka. The new facility was built to accommodate 4,590 inmates, meaning the new facility was immediately overcrowded, but less so than the old jail. Those on trial are housed in six buildings while convicts are in two similar structures. Four buildings house more dangerous criminals, such as those convicted of violent crime, militants, and terrorists. There are 16 special cells for VIP prisoners, which include current and former ministers, members of parliament, senior civil servants, and individuals of similar status.

The new jail has facilities for 200 female inmates, 100 male adolescents, 40 female adolescents, 30 male prisoners with mental disabilities, and 20 female prisoners with mental disabilities. The jail has 60 classified wards and 400 cells for dangerous prisoners. The new jail also has a 200-bed hospital and a daycare center.

Other facilities, such as the Old Dhaka Central Jail, have poorer light, sanitation, ventilation, and other conditions and do not meet UN/Mandela standards.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention. The law permits authorities to arrest and detain persons suspected of criminal activity without an order from a magistrate or a warrant. Authorities sometimes held detainees without a charge sheet, without divulging their whereabouts or circ*mstances to family or legal counsel, or without acknowledging having arrested them in the first place.

ROLE OF THE POLICE AND SECURITY APPARATUS

Police, who fall under the jurisdiction of the Ministry of Home Affairs (MOHA), have a mandate to maintain internal security and law and order. The Police Special Branch enforces immigration law while the BGB and the Bangladesh Coast Guard (BCG)–also under MOHA–enforce the country’s borders. Both Dhaka Metropolitan Police’s Detective Branch and the Criminal Investigation Department conduct investigations. The Counter Terrorism and Transnational Crime Unit, which began operating during the year under the Dhaka Metropolitan Police but has now nationwide jurisdiction, has taken a leading role in counterterrorism efforts. RAB, composed of forces drawn from the police and military, also has a counterterrorism role in addition to other duties. The military, organized under the Prime Minister’s Office, is responsible for external security, but it can be called to help as a back-up force with a variety of domestic security responsibilities when required in aid to civil authority. This includes responding to instances of terrorism. For example, elite military units based in Chittagong and Sylhet traveled to Dhaka to support local police to end an 11-hour terrorism hostage incident on July 1. The Directorate General of Forces Intelligence and National Security Intelligence are the primary means by which the government gathers information on topics of interest, including national security matters.

Civilian authorities maintained effective control over the military and other security forces, and the government has mechanisms to investigate and punish abuse and corruption within the security forces. These mechanisms were not regularly employed, however. The government took steps to improve police professionalism, discipline, training, and responsiveness and to reduce corruption. Police basic training continued to incorporate instruction on the appropriate use of force as part of efforts to implement community-based policing.

According to police policy, all significant uses of force by police, including actions that resulted in serious physical injury or death, trigger an automatic internal investigation, usually by a professional standards unit that reports directly to the Inspector General of Police (IGP). The government, however, neither released statistics on total killings by security personnel nor took comprehensive measures to investigate cases despite previous statements by high-ranking officials that the government would show “zero tolerance” and fully investigate all extrajudicial killings by security forces that occurred in 2016. Some human rights groups expressed skepticism over the independence of the professional standards units conducting these assessments. In the few known instances in which the government brought charges, those found guilty generally received only administrative punishment. Some members of the security forces acted with impunity. For example, authorities did not make progress in a case regarding the alleged rape and murder of Sohagi Jahan Tonu, a second-year student of Comilla Victoria College, whose body was discovered March 20 in the Comilla military cantonment, a military base where she lived with her family. Tonu’s parents alleged that an army sergeant and a soldier committed the act. Despite two autopsies including DNA samples, authorities have not arrested the perpetrators, which sparked widespread condemnation and student protests. In another case, on November 13 a court in Kushtia issued arrest warrants for three policemen, including an officer in charge, for allegedly killing a farmer in a “crossfire” in 2007 after they tried unsuccessfully to extort money from his family.

Despite such efforts, security forces, including RAB, continued to commit abuses with impunity. Plaintiffs were reluctant to accuse police in criminal cases due to lengthy trial procedures and fear of retribution. Reluctance to bring charges against police also perpetuated a climate of impunity. Officers loyal to the ruling party occupied many of the key positions in the law enforcement agencies.

The government continued support of an Internal Enquiry Cell (IEC) within the paramilitary unit RAB that investigates cases of human rights abuses. The IEC investigated 12 cases during the year compared to 16 the previous year. The most common complaints in the 63 cases investigated since 2012 were “abuse of authority,” physical harassment, and bribery. Of the 63 cases since 2012, the IEC confirmed the truth of allegations of abuse in 20 cases. As of December 2016, RAB has two cases under active review, including one investigation the IEC self-initiated following media reporting.

Security forces failed to prevent societal violence (see section 6).

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police may arrest individuals on a court-issued warrant, on observation of a crime in progress, or in an attempt to preserve security and public order under the Special Powers Act. The government or a district magistrate may order a person detained for 30 days to prevent the commission of an act that could threaten national security; however, authorities sometimes held detainees for longer periods. A magistrate must inform a detainee of the grounds for detention within 15 days, and regulations require an advisory board to examine a detainee’s case after four months. Detainees have the right to appeal.

On May 24, the Appellate Panel of the Supreme Court upheld an April 7, 2003, High Court decision ordering the government to amend sections 54 and 167 of the CrPC, which permit arrests without warrant and interrogation in custody known as “remand.” The Appellate Panel in its full verdict released on November 10 issued guidelines for application of these sections, which will be binding on all courts and authorities (see Section 1.d and 1.c). Pending issuance of the guidelines, government security forces continued to detain citizens without a warrant and subordinate courts granted “remand” for interrogation without following safeguards established by the High Court in its 2003 verdict.

The highest court’s guidelines issued on November 10 for the law enforcement agencies include preparation of a memorandum of arrest with signature of the arrested person with date and time. Police must inform a relative or a friend of the arrest within 12 hours, and enter in a diary the ground of the arrest, the name of the relative or friend who has been informed, and the name of the officer who has custody of the arrested person. The officer must show his/her identity card to the person arrested and others present during the arrest. The guidelines made official registration of a criminal case with the court essential for holding a detainee in law enforcement or judicial custody and specifically ordered a halt to arrest under Section 54 for the purpose of detention under the Special Powers Act. Under the guidelines, the officer who makes the arrest must record any visible injury on the person arrested and reasons for such injury, take the person to the nearest hospital for treatment, and obtain a certificate from the attending doctor. The guidelines stipulate a written report be given to an arrestee’s relative or friend within 12 hours of arrest. If an investigation cannot be completed within 24 hours, the officer must explain why not if they want to continue to hold a suspect without a court order, and why the accusation or information against the person is considered well founded. The officer must also transmit a copy of the relevant case diary to the court.

The guidelines for judicial magistrates require them to release an arrested person if he/she is produced before the court with a petition for detention without producing a copy of the entries in the diary made during the arrest. Magistrates are required to reject the petitions of police officers if the arrested person is not produced before the court or if the allegations were not “well founded.” The magistrates cannot allow remand of any arrested person for more than 15 days and could prosecute law enforcement officers under the Torture and Custodial Death (Prohibition) Act 2009 if a medical board finds evidence of custodial torture or death (see section 1.c)

There is a functioning bail system in the regular courts. Authorities granted criminal detainees charged with crimes access to attorneys. The government sometimes provided detainees with state-funded defense attorneys. The few legal aid programs for detainees that existed were underfunded. Authorities generally permitted defense lawyers to meet with their clients only after formal charges were filed in the courts, which in some cases occurred weeks or months after the initial arrest.

Despite a May 9 explicit directive from the Supreme Court’s Appellate Division prohibiting rearrest of accused persons when they are released on bail and arresting them in new cases without producing them in court, police routinely used these mechanisms to detain suspects indefinitely. Media report that Jamaat’s assistant secretary for Dhaka city Shafiqul Islam Masud was originally arrested in August 2014, and rearrested at the gate of Dhaka Central Jail twice, on December 25, 2015 and April 24, 2016, immediately after having received bail in more than 50 cases relating to violence during general strikes.

Arbitrary Arrest: Arbitrary arrests occurred, often in conjunction with political demonstrations, or as part of security force responses to terrorist activity, and the government held persons in detention without specific charges, sometimes in an attempt to collect information about other suspects. Police engaged in a mass arrest campaign from June 10 to 16 before the Eid holidays during which security forces reportedly arrested 14,000 individuals, including a purported 2,000 opposition-party activists. Although some government spokespersons justified the effort as an anti-militancy drive following killings of secular bloggers and religious minority leaders, security forces reportedly detained approximately 150 confirmed militants. Human rights organizations and other observers asserted that the arrest campaign largely served as a means for police to raise money through bribes and bail from arrested individuals, and to intimidate members of political opposition groups. Following the July 1 terrorist attack on Holey Bakery, security forces detained two of the released hostages, Hasnat Karim and Tahmid Khan, for their alleged role in the attack. Human rights organizations assert that unknown security forces secretly detained the two individuals for interrogation for 34 days before police officially arrested them although the government denied this allegation.

Pretrial Detention: Arbitrary and lengthy pretrial detention continued to be a problem due to bureaucratic inefficiencies, limited resources, lax enforcement of pretrial rules, and corruption. According to court sources, approximately three million civil and criminal cases were pending in 2016. In some cases, the length of pretrial detention equaled or exceeded the sentence for the alleged crime. Seventy-four percent of detainees were in pretrial detention or undergoing trial. A media report in October stated that more than 500 prisoners have spent more than five years in prison without trial. For example, authorities detained a prisoner named Shipon for more than 17 years without trial in a murder case until he was finally released on November 15 due to media attention to his case.

Observers further stated that a high-level government official pressured lawyers to decline to represent the individuals due to government interest in the case. Tahmid was granted bail on October 2, but Hasnat remained in prison at the end of the year. Authorities denied Hasnat temporary bail to attend the funeral of his father in November.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, but corruption, political interference, and a substantial backlog of cases hindered the court system. A provision of the constitution that accords the executive branch authority over judicial appointments to lower courts and over compensation and assignments for judicial officials undermines full judicial independence. The 16th constitutional amendment giving parliament impeachment power over high court judges was passed in 2014, but in August the High Court found it to be unconstitutional.

Corruption and a substantial backlog of cases hindered the court system, and the granting of extended continuances effectively prevented many defendants from obtaining fair trials due to witness tampering, victim intimidation, and missing evidence. Human rights observers stated that magistrates, attorneys, and court officials demanded bribes from defendants in many cases, or ruled based on influence by or loyalty to political patronage networks. Observers noted that judges who made decisions unfavorable to the government risked being transferred to other jurisdictions. There were allegations of political influence over court decisions.

The Bangladeshi International Crimes Tribunal (ICT) continued to prosecute individuals indicted for committing war crimes during the 1971 independence war. On May 11, authorities executed Matiur Rahman Nizami, Amir (president) of Jamaat, the country’s largest Islamist party, at Dhaka central jail. On September 3, authorities executed another Jamaat leader, Mir Quasem Ali, at Kashimpur prison in Gazipur. The defendants claimed that the court process was tainted by irregularities, and that the judges ignored exculpatory evidence. In total, five individuals were executed by the ICT since it was established in 2010–four from Jamaat and one from BNP.

TRIAL PROCEDURES

The law provides for the right to a fair public trial, but the judiciary did not always protect this right due to corruption, partisanship, and weak personnel and institutional capacities. Lower court judges received base pay from 30,935 taka ($386) to 78,000 taka ($975) per month, depending on seniority. A High Court division judge of the Supreme Court receives a monthly base pay of 95,000 taka ($1,213) and an appellate division judge is paid 100,000 taka ($1,277). Lower court prosecutors’ low monthly retainer of 3,000 taka ($37.50) plus 200 taka ($2.50) per day spent in court led some to accept bribes to influence the outcome of a case.

Defendants are presumed innocent and have the right to appeal and to see the government’s evidence. Defendants also have the right to be informed promptly and in detail of the charges against them. The Speedy Trial Act was intended to prevent undue delay of proceedings for certain offenses, such as murder, sexual assault, and robbery, but frequent adjournments contributed to the backlog of cases. The accused are entitled to be present at their public trial where judges decide cases. Indigent defendants have the right to a public defender. Trials are conducted in the Bengali language and free interpretation is not provided by the government. Defendants also have the right to adequate time to prepare a defense. Accused persons have the right to representation by counsel, review accusatory material, call and question witnesses, and appeal verdicts. The government frequently did not respect these rights, and some government officials reportedly discouraged lawyers from representing defendants in controversial cases important to the state.

Mobile courts headed by executive branch magistrates rendered immediate verdicts that often included prison terms to defendants who were not afforded the opportunity for legal representation. In a July 26-28 conference in Dhaka, Deputy Commissioners from all 64 districts requested that the government expedite the passage of an amendment to the Mobile Court Act of 2009 giving the executive magistrates increased judicial powers. The act had not moved forward by the end of the year.

On September 20, the High Court summoned an executive magistrate and the officer in charge of a police station in Tangail district to investigate their use of a mobile court to jail a boy using the Information and Communication Technology (ICT) Act, which is not within the jurisdiction of the mobile courts. Media had reported that the boy was sentenced to prison for two years for a Facebook posting criticizing a local AL Member of Parliament (MP). Appearing before the High Court on September 27, the boy said the MP hit him, the officer in charge beat him, and the executive magistrate kicked him. Under the threat of being killed in “crossfire,” the boy admitted to threatening the MP in the Facebook post. On October 18, the High Court declared the mobile court’s decision illegal, acquitting the boy of charges and directing the secretaries of Public Administration and Home Affairs and the police to withdraw the officer in charge and the executive magistrate so they could be investigated. On October 26, the Supreme Court stayed the order to withdraw the individuals after they petitioned the court.

POLITICAL PRISONERS AND DETAINEES

There were reports of political prisoners or detainees. Political affiliation at times appeared to be a factor in the arrest and prosecution of members of the opposition parties, including through spurious charges under the pretext of responding to national security threats. Former prime minister Khaleda Zia, chairperson of the largest opposition political party, was charged with sedition for her public comment on the number of individuals people killed during the 1971 War of Independence. The government has not detained her pending trial. Opposition party members claimed that security forces arrested approximately 2,000 of their members during mass arrests in early June, although in general they were not charged or imprisoned; some were reportedly released after paying bribes.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals and organizations may seek administrative and judicial remedies for human rights violations; however, the civil court system was slow, cumbersome, and marked by public distrust, deterring many from filing complaints. The government did not interfere with civil judicial procedures. Corruption and outside influence were problems in the civil judicial system. Alternative dispute resolution for civil cases allowed citizens to present their cases for mediation. According to government sources, the wider use of mediation in civil cases accelerated the administration of justice, but there was no assessment of its fairness or impartiality.

PROPERTY RESTITUTION

The government did not amend the 2001 Vested Property (Return) Act to accelerate the process of return of land to primarily Hindu individuals (see section 2.d.). The Vested Property Act allows the government to confiscate property of anyone that the government declares to be an enemy of the state. It was often used to seize property abandoned by minority religious groups when they fled the country, particularly after the 1971 independence war.

Minority communities reported many land ownership disputes that disproportionately displaced minorities, especially in areas near new roads or industrial development zones where land prices had recently increased. They also claimed that local police, civil authorities, and political leaders were sometimes involved or shielded politically influential land grabbers from prosecution (see section 6.). In August, the government amended the Chittagong Hill Tracts (CHT) Land Dispute Resolution Commission Act, which may allow for land restitution for indigenous people living in the CHT (see section 2.d).

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

The law does not prohibit arbitrary interference with private correspondence. Intelligence and law enforcement agencies may monitor private communications with the permission of MOHA. In practice, police rarely obtained warrants from the courts to monitor private correspondence, and authorities did not punish officers who violated these procedures. Human rights organizations alleged the Special Branch of police, the National Security Intelligence, and the Directorate General of Forces Intelligence employed informers to conduct surveillance and report on citizens perceived to be critical of the government. The Bangladesh Telecommunication Regulatory Commission (BTRC) tracked online content through its monitoring unit, and on November 6 it announced a decision to require internet cafes to install CCTV cameras to prevent “offensive content” from being uploaded. The government also routinely conducted surveillance on opposition politicians. Human rights organizations and news outlets reported police sometimes entered private homes without judicial or other appropriate authorization.

a. Freedom of Speech and Press

The constitution provides for freedom of speech and press, but the government sometimes failed to respect these rights. There were significant limitations on freedom of speech. Some journalists self-censored their criticisms of the government due to harassment and fear of reprisal.

Freedom of Speech and Expression: The constitution equates criticism of the constitution with sedition. Punishment for sedition ranges from three years’ to life imprisonment. Several high profile individuals were charged with sedition, including BNP leader Khaleda Zia, TV personality Mahmudur Rahman Manna, and reporter Kanok Sarwar, but the government did not proceed with prosecutions. The law limits hate speech but does not define clearly what constitutes hate speech, leaving the government with broad powers of interpretation. The government may restrict speech deemed to be against the security of the state; against friendly relations with foreign states; and against public order, decency, or morality; or that constitutes contempt of court, defamation, or incitement to an offense.

Press and Media Freedoms: Both print and online independent media were active and expressed a wide variety of views; however, media outlets that criticized the government experienced negative government pressure. For example, independent journalists alleged that intelligence services influenced media outlets in part by withholding financially important government advertising and pressing private companies to withhold their advertising as well.

The government maintains editorial control over the Bangladesh public television station (BTV), and private channels were mandated to air government content at no cost. Civil society said that there was political interference in the licensing process, as all television channel licenses granted by the government were for stations supporting the ruling party.

Violence and Harassment: Authorities, including intelligence services on some occasions, subjected journalists to physical attack, harassment, and intimidation. In February, members of the ruling party initiated 79 sedition and defamation cases in multiple courts against Mahfuz Anam, editor ofThe Daily Star, for publishing reports of corruption involving Prime Minister Hasina in 2007 and 2008. Hasina publicly stated Anam’s newspaper and its sister media outlet,Prothom Alo, would be punished for publishing the reports.

The government imprisoned several prominent editors affiliated with the BNP, including the arrest of 81-year-old journalist Shafiq Rehman in April on charges relating to his alleged role in a plot to cause harm to Hasina’s son. On September 6, the Supreme Court granted him three-month conditional bail after four and a half months of detention. The government continued to pursue charges against the editor ofAmar Desh, Mahmudur Rahman, whom police arrested in 2013 for publishing Skype conversations between the Chairman of the ICT and a private consultant on ICT cases. Although the High Court granted Rahman bail on September 8, the Appellate Court chamber judge stayed his bail until October 30, further prolonging his detention of nearly four years. Rahman was released on bail on November 23.

Censorship or Content Restrictions: Privately owned newspapers usually enjoyed broad freedom to carry diverse views. Political polarization and self-censorship in an atmosphere of fear remained a problem, however. The media generally favored one of the two major political parties. Ownership of the media is influenced by politics, and both the government and big businesses used advertising as a weapon to control the media.

The government sought to censor the media indirectly through threats and harassment. On multiple occasions, government officials asked privately owned television channels not to broadcast the opposition’s activities and statements. One talk show host reported overt censorship from Directorate General of Forces Intelligence personnel, who intimidated and threatened the host and the channel until owners finally cancelled the program. When the host continued working on another program, he reported receiving word for word instructions from security forces for behavior on air and being subject to surveillance and death threats via text, letter, and voice messages. The host was ultimately forced to flee the country. The well regarded newspapersProthom AloandDaily Starwere denied access to prime-ministerial events because they published reports critical of the government and prime minister.

Both the government and businesses used the threat of pulling advertising dollars to pressure the media to avoid unfavorable coverage.

According to some journalists and human rights NGOs, journalists engaged in self-censorship, particularly due to fear of security-force retribution. Although public criticism of the government was common and vocal, some media figures expressed fear of harassment by the government.

The government did not subject foreign publications and films to stringent review and censorship. Some international media outlets reported delays and difficulties in obtaining visas. One television producer reported that the government would only issue a visa if the government were allowed to review and approve their coverage. A government-managed film censorship board reviewed local and foreign films and had the authority to censor or ban films on the grounds of state security, law and order, religious sentiment, obscenity, foreign relations, defamation, or plagiarism, but it was less strict than in the past. In January the Bangladesh Censor Board upheld a ban on the movie “Rana Plaza,” originally set to premier in September 2015. The film told the story of a garment factory worker’s 17-day fight to survive under debris following the April 24, 2013 eponymous factory collapse. Video rental libraries and DVD shops stocked a wide variety of films, and government efforts to enforce censorship on rentals were sporadic and ineffective.

The government at times censored objectionable comments regarding national leaders. In April, the government refiled a criminal defamation complaint against news editor Probir Sikder for “tarnishing the image” of a minister.

National Security: In some cases, the government criticized media outlets for reporting that allegedly compromised national security. The prime minister and other government officials criticized local media for their live telecast of government counter terrorism efforts during the July 1 Holey Bakery terrorist attack and, following the incident, the government enacted a blanket ban on live television news coverage of terrorist attack and disaster rescue operations.

Nongovernmental Impact: Atheist, secular, and LGBTI writers and bloggers reported they continued to receive death threats from extremist organizations. Following his inclusion in a “hit list” of 34 individuals published online by Ansar al-Islam (a purported AQIS affiliate) in November 2015, one blogger reported frequent threats via Facebook messenger and persistent surveillance, including an incident in April when four masked individuals with weapons followed him before being scared away by police. On April 7, blogger Najimuddin Samad was killed in Dhaka; investigation into the murder was ongoing.

A journalist at a prominent newspaper reported receiving frequent death threats since September 2015, including from persons claiming affiliation with Da’esh. The journalist reported receiving almost daily text messages with threats and passages from the Quran describing death, such as “consider doomsday as if tomorrow,” and “all will see the Prophet at the graveyard.” Several other outlets experienced similar threats, some of which culminated in bias-based murders.

INTERNET FREEDOM

There were isolated incidents of government restriction and disruption of access to the internet and censorship of online content. Approximately 14.4 percent of the population has access to the internet according to the International Telecommunication Union. The BTRC reported approximately 63.9 million internet subscriptions in July, including roughly 60 million mobile internet subscriptions (one individual may have more than one subscription). Virtual Private Networks (VPNs) and Voice Over Internet Protocol (VOIP) telephony were illegal, but the laws were rarely enforced against individuals.

There were several incidents of government interference in internet communications, filtering or blocking of access, restricting content, and censoring websites or other communications and internet services. Many websites were suspended or closed based on vague criteria, or with explicit reference to their pro-opposition content in violation of legal requirements. The BTRC is charged with the regulation of telecommunications. It carries out law enforcement and government requests to block content by ordering internet service providers to take action. In May the BTRC blocked encrypted communication applications Threema and Wickr as well as several blogs and Facebook posts it deemed to be crafted in “malice to Islam.” The BTRC Chairman later stated that the BTRC only blocks websites or services upon the request of law enforcement or MOHA and does not take independent action to block any websites or services. In July, the BTRC carried out a directive of the Dhaka Metropolitan Police to block 30 websites and Facebook pages for allegedly inciting militancy or running anti-religion propaganda. On August 2, the BTRC initiated a temporary shutdown of internet and mobile telephone services in a section of Dhaka city. BTRC officials stated that the exercise, the first in a series of temporary shutdowns, was to test the agency’s ability to restrict access to communications to protect public safety in the event of an emergency, such as a terror attack. On August 4, the BTRC carried out a directive to block 35 news websites that had published material critical of the government and current political leaders or were perceived to feature overt support for political opposition groups. Many of the sites remained blocked at the end of the year.

Facebook’s “biannual government requests report” for January to June 2016 showed the government made nine requests for data pursuant to legal process regarding eight users or accounts and one emergency request for data regarding one user or account in that period. Facebook reported producing some data in response to one request pursuant to legal process and one emergency request. The 10 total requests for data regarding nine users or accounts made by the government in the first half of 2016 is a slight decrease from the 12 requests for data regarding 31 users or accounts made in second half of 2015. Facebook further reported that two pieces of content were restricted at the BTRC’s request in the first half of 2016, due to alleged violation of local law regarding blasphemy and the Bangladesh Information and Communications Technology Act.

Google’s biannual transparency report for July to December 2015 showed the government made two requests for removal of two YouTube videos in that period. One request was related to alleged defamation and the other was related to alleged copyright violation. Google, which owns YouTube, did not comply with either request. Twitter’s biannual Transparency Report for January to June 2016 showed no requests for data or content removal from the government. In Twitter’s July to December 2015 report, the government made 10 requests for account information regarding 25 accounts, all pursuant to emergency disclosure requests. Law enforcement officers may submit an emergency disclosure request to Twitter on the basis of an exigent emergency that involves the danger of death or serious physical injury to a person that Twitter may have information necessary to protect. Twitter provided some information in response to six of those requests.

Individuals and groups generally engaged in the expression of views via the internet, although some activists stated that fear of prosecution under the Information and Communication Technology Act (ICTA) limited their online speech. The government used the ICTA and the threat of sedition charges, which carry a possible death penalty, to limit online activity and curtail freedom of expression online. The Bangladesh Telecommunication Regulatory Commission filtered internet content that the government deemed harmful to national unity and religious beliefs. The ICTA was amended in 2013 to increase penalties for cybercrime, make more offenses ineligible for bail, and give law enforcement officers broader authority to arrest violators without a court order. Opponents of the ICTA stated that section 57, which criminalizes the posting online of inflammatory or derogatory information against the state or individuals, stifles freedom of speech and is unconstitutional. The High Court previously rejected pleas challenging the constitutionality of section 57. The Cabinet approved a draft of the controversial digital security act in August, which includes a provision for life imprisonment for spreading negative propaganda through digital devices regarding the country’s independence war and founding leader. The law was under review by the Law Ministry at the year’s end.

ACADEMIC FREEDOM AND CULTURAL EVENTS

Although the government placed few restrictions on academic freedom or cultural events, media groups reported authorities discouraged research on sensitive religious and political topics that might fuel possible religious or communal tensions. Academic publications on the 1971 independence war were also subject to scrutiny and government approval. Appointment of teachers in universities continued to be politicized, and in September the Ministry of Education suggested that police or intelligence agencies should review teachers’ personal information to ensure that they are not involved in antigovernment or criminal activities.

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of assembly and association, but the government did not respect these rights for opposition political parties. The government limited both freedom of assembly and association for political reasons, ostensibly in the interest of national security.

FREEDOM OF ASSEMBLY

The government generally permitted rallies of nonpolitical entities and its political allies, but on occasion, it prevented political opposition groups from holding meetings and demonstrations. The law authorizes the government to ban assemblies of more than four persons. A Dhaka Metropolitan Police order requires advance permission for gatherings such as protests and demonstrations. According to human rights NGOs, authorities increasingly used this provision, and preemptively banned gatherings around the election anniversary. Occasionally, police or ruling party activists used force to disperse demonstrations.

On April 4, police fired upon a crowd after an alleged attack by demonstrators gathered to protest the planned construction of a coal-fired power plant to Chittagong District, killing four villagers and injuring 60. Following the protest, local authorities filed a legal case against 6,000 protesters for attacking the police and obstruction of law enforcers. The government, including the prime minister, supported construction of the power plant despite local concerns regarding economic and environmental impacts to the region. On July 28, police in Dhaka dispersed a march toward the prime minister’s office to protest similarly the planned Rampal power plant near the ecologically sensitive Sunderbans. Police used tear gas and batons, injuring more than 50 individuals.

Police prevented opposition party members from holding events in several cases. For example, police allegedly stopped BNP rallies on July 27 in four sub-districts of Narayanganj, which were organized to protest the sentencing of BNP’s senior vice chairman, Tarique Rahman, on corruption charges. Police prevented another BNP rally on October 2 to protest a government action against a BNP leader despite having given initial permission for the event.

FREEDOM OF ASSOCIATION

The law provides for the right of citizens to form associations, subject to “reasonable restrictions” in the interest of morality or public order, and the government generally respected this right. The government’s NGO Affairs Bureau sometimes withheld its approval for foreign funding to NGOs working in areas the bureau deemed sensitive such as human rights, labor rights, indigenous rights, or humanitarian assistance to Rohingya refugees (see sections 2.d., 5, and 7.a.).

On October 5, Parliament passed the Foreign Donations (Voluntary Activities) Regulation Act, which places additional restrictions on the receipt of foreign funds by NGOs or government officials and provides for punishment of NGOs making any ‘derogatory’ comments regarding the constitution or constitutional institutions (see section 5).

c. Freedom of Religion

See the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of movement within the country, foreign travel, emigration, and repatriation, and the government generally respected these rights, except in two sensitive areas–the CHT and Cox’s Bazar. The government enforced some restrictions on foreigners’ access to the CHT.

Abuse of Migrants, Refugees, and Stateless Persons: UNHCR reported cases of refugee abuse, including rape, assault, and domestic violence, deprivation of food, arbitrary detention, and documentation problems. From January to September, UNHCR reported a total of 168 cases of sexual and gender-based violence in the two official camps, including 129 cases of domestic violence and 14 cases of rape. According to a June IOM report, 53.5 percent of those surveyed in Rohingya populations living in makeshift settlements also experienced violence. Of those, 50.5 percent said they experienced physical violence, 6.5 percent said they experienced sexual violence, 3.8 percent said they experienced mental abuse, and 2.8 percent said they experienced food deprivation. These reports continued at year’s end.

The government did not fully cooperate with the UN High Commissioner for Refugees (UNHCR) or other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern. For example, the government did not allow UNHCR access to all individuals whom UNHCR deemed persons of concern, particularly the undocumented Rohingya population living in the towns and villages outside of the two official refugee camps in Cox’s Bazar district. UNHCR was also not allowed unrestricted access to a new influx of Rohingya migrants during the last three months of the year although the International Organization for Migration (IOM) was allowed to provide services.

Foreign Travel: Some senior opposition officials reported extensive delays in getting their passports renewed; others reported harassment and delays at the airport when departing the country. Authorities barred one BNP official from leaving the country to attend a party event in Bahrain while another was detained at the airport before being allowed to board a plane. Another opposition leader required High Court intervention in order to obtain his passport from the government after nearly a year of delays.

The international travel ban continued on war-crimes suspects from the 1971 independence war.

The country’s passports are invalid for travel to Israel according to Bangladesh policy.

INTERNALLY DISPLACED PERSONS

Societal tensions and marginalization of indigenous people continued in the CHT as a result of a government policy during the 1973-1997 low-level armed conflict there of relocating landless Bengalis from the plains to the CHT with the unstated objective of changing the demographic balance in the CHT toward a Bengali majority, which displaced tens of thousands of indigenous persons.

The internally displaced persons (IDPs) in the CHT had limited physical security. Indigenous community leaders maintained that settlers’ violations of indigenous persons’ rights, sometimes with the involvement of security forces, were widespread.

The IDPs in the CHT also lacked sufficient access to courts and legal aid. The CHT Commission composed of experts from inside and outside the country, who sought to promote respect for rights in the CHT, found that a lack of information and lawyers to assist indigenous persons hindered IDP access to justice. The commission reported settlers expropriated indigenous land using false titles, intimidation, force, fraud, and manipulation of government eminent-domain claims (see section 6).

In August the government amended the Chittagong Hill Tracts (CHT) Land Dispute Resolution Commission Act curtailing the unilateral authority of the commission chair to make decisions on behalf of the commission and harmonizing the provisions with the CHT Peace Accord signed between the government and the Parbatya Chattagram Jana Samhati Samiti (PCJSS), a political party representing indigenous and tribal people of the CHT. Some Bengali groups, however, observed general strikes in CHT to protest the amendment, saying that it failed to recognize their rights as citizens of the country. They demanded inclusion of their representatives in the commission.

The number of IDPs in the CHT remained disputed. In 2000, a government task force estimated the number to be 500,000, which included nonindigenous as well as indigenous persons. The CHT Commission estimated that there were slightly more than 90,000 indigenous IDPs. The prime minister pledged to resolve outstanding land disputes in the CHT to facilitate the return of the IDPs and to close the remaining military camps, but the task force on IDPs remained unable to function due to a dispute over classifying settlers as IDPs. The commission reported that authorities displaced several indigenous families to create border guard camps and army recreational facilities. No land disputes were resolved during the year.

PROTECTION OF REFUGEES

As of August, the government and UNHCR provided temporary protection and basic assistance to 32,967 registered Rohingya refugees from Burma living in two official camps (Kutupalong and Nayapara). The government and UNHCR estimated that an additional 200,000 to 500,000 undocumented Rohingya lived in various villages and towns outside the two official refugee camps. Most of these undocumented Rohingya lived at unofficial sites among the local population in Teknaf and Ukhyia subdistricts of Cox’s Bazar District. These sites included approximately 35,000 at the Kutupalong Makeshift site adjacent to the official Kutupalong refugee camp, 15,000 at a site called Leda, and 10,000 at the Shamlapur site. Starting in October, a new wave of more than 34,000 migrants entered Bangladesh, seeking refuge from violence in Rakhine state. Led by the Ministry of Foreign Affairs, the government continued to implement a national strategy on Rohingya with six key elements: border management, addressing security threats, humanitarian assistance, strengthened engagement with Burma, internal coordination on Rohingya problems, and surveying the undocumented Rohingya.

Starting in May, the government funded and implemented a survey of the undocumented Rohingya population in the six districts where they are most populous. As part of an awareness-raising campaign, the government stated that the survey would be used to improve services available to the undocumented Rohingya population. Other key messages of the awareness-raising campaign included that the survey was voluntary, would not lead to refugee status, and would not be used to force repatriation. Some NGOs and donor countries expressed concerns regarding how the survey will affect some portions of the undocumented Rohingya population, particularly children with one Bangladeshi and one Rohingya parent. The government stated its intent to issue “information cards” to those enumerated through the process, which can be used as proof of identity to authorities.

Access to Asylum: The law does not provide for granting asylum or refugee status, nor has the government established a formal system for providing protection to refugees. The government provided some protection to Rohingya refugees from Burma already resident in the country, but it continued to deny asylum to the undocumented Rohingya, whom it categorized as illegal economic migrants. The government cooperated with UNHCR in providing temporary protection and basic assistance to registered refugees already resident in two official camps. Although significant protection problems remained, delivery of humanitarian assistance to the undocumented Rohingya has continued through implementation of the national strategy.

Refoulement: Continued violence and human rights abuses against the Rohingya in Burma prevented them from safely and voluntarily returning to their homes. Between January and September, according to UNHCR, Bangladeshi authorities forcibly turned back an estimated 3,487 Rohingya to Burma, compared with 4,719 during the same period in 2015. According to UNHCR, which maintained a field presence in both countries, many of these individuals were likely entitled to refugee status and protection. Despite these expulsions, the border remained porous, and UNHCR noted the existence of considerable daily cross-border movement for trade, smuggling, and illegal migration. The government of Bangladesh, including Prime Minister Hasina, engaged Burmese leader Aung San Suu Kyi regarding a durable solution to the Rohingya issue although these diplomatic efforts have not resulted in increased cooperation.

Freedom of movement: There were restrictions on refugees’ freedom of movement. By law, refugees are not permitted to move outside of the two camps. Police can punish with detention any movement without valid documentation, including illegal entry and departure from the country.

Employment: The government did not authorize Rohingya refugees living in the country to work locally. Despite their movement restrictions, some refugees worked illegally as manual laborers or rickshaw pullers in the informal economy. Undocumented Rohingya also worked illegally, mostly in day-labor jobs.

Access to Basic Services: Working with UNHCR, the government continued to improve some aspects of the official refugee camps following findings in recent years that sanitation, nutrition, and shelter conditions had fallen below minimum international standards. Some basic needs remained unmet, and the camps remained overcrowded, with densities on par with the country’s urban slums. A 2014 nutrition survey report from UNHCR and World Food Program stated the prevalence of malnourished (stunted) and underweight children in refugee camps remained higher than in the rest of the country and above the emergency threshold levels set by the World Health Organization.

Public education, while mandatory as of 2010 through eighth grade throughout the country, was offered only through seventh grade in the camps, compared with fifth grade in previous years. The government agreed to allow international NGOs to provide Rohingya outside the camps with access to informal education, starting with a group of 10,000 students. Government authorities did not allow refugees outside the camps to attend school, but some did so.

Government authorities did not allow registered or unregistered Rohingya formal and regular access to public health care. Instead, UNHCR and NGOs provided basic health services in the official camps to registered refugees, and IOM provided health services to the unregistered Rohingya in the makeshift sites. Although NGOs provided humanitarian assistance to registered Rohingya refugees, undocumented Rohingya, and the local population, the government’s restrictions on NGO activities outside the camps limited the unregistered population’s access to basic medical care and other services.

Four international NGOs provided basic services to undocumented Rohingya and to surrounding impoverished host communities. As with other NGOs, these organizations faced challenges working with the NGO Affairs Bureau. Some reported delays as long as three or four months in obtaining necessary permits for working with the Rohingya, which required coordinating with government officials at the local and national level.

Registered refugees did not have access to the formal legal system although they were able to take legal complaints to a local camp official who could mediate disputes. Members of the unregistered population had no legal protection and were sometimes arrested because the government viewed them as illegal economic migrants. Rohingya were sometimes harassed by security forces due to a perception among some groups, including the government, as well as members of indigenous groups in the CHT, that the Rohingya were responsible for perpetrating a range of criminal and terrorist activities in Southeastern Bangladesh, including through the Rohingya Solidarity Organization (RSO). For example, following the May 13 attack on security forces near the Nayapara official camp, authorities responded by detaining and questioning five Rohingya refugees, including an NGO volunteer.

STATELESS PERSONS

The Rohingya in Bangladesh are legally stateless. Government and UNHCR estimates indicate that between 200,000 and 500,000 undocumented Rohingya are present in Bangladesh. They cannot derive citizenship from birth in the country, marriage with local citizens, or any other means.

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage, but recent elections were marred by government tampering and violence. Government restriction on freedom of expression and freedom of assembly limited the ability of opposition party members to participate effectively in the democratic process.

Elections and Political Participation

Recent Elections: BNP, the main opposition party, boycotted the January 2014 parliamentary elections, leaving more than half of all seats uncontested and many more only nominally contested, thereby decreasing the people’s access to meaningful electoral choice. Prime Minister Hasina and the ruling AL party retained power with 235 of 300 elected seats. After its boycott of the elections, the BNP held no seats in parliament. The official opposition party, the Jatiya Party, which had 36 elected seats, was also part of the ruling coalition. Parties that supported the government held most of the remaining seats. Sheikh Hasina’s cabinet included representatives from the other parties in her coalition. Most international observers regarded these elections as flawed.

During the year, in six rounds of union council elections in May and June, more than 126 people were killed and approximately 9,000 were injured as a result of electoral violence. Opposition parties and independent observers repeatedly challenged the credibility of the Election Commission. In October, the general secretary of the AL rejected the prospect of dialogue with the BNP on creation of an independent election commission. On November 29, the Election Commission publicly apologized to the high court for not investigating any of the grievances associated with this year’s local elections, demonstrating a pronounced lack of independence.

Political Parties and Political Participation: The government mobilized law enforcement resources to level civil and criminal charges against opposition party leaders, including BNP leader Khaleda Zia and Senior Vice Chairman Tarique Rahman. Jamaat leaders could not operate openly, as they were harassed by law enforcement and were blamed by the AL for the recent increase in terrorism. Media outlets critical of the government and AL were subject to government intimidation, lawsuits, and forced closure. AL-affiliated organizations (such as the student wing) reportedly carried out violence and intimidation around the country, including against individuals affiliated with opposition groups.

In some instances the government interfered with the right of opposition parties to organize public functions and restricted the broadcasting of opposition political events. Jamaat’s appeal of a 2012 Supreme Court decision cancelling the party’s registration continued in the midst of new draft legislation banning any organization found guilty of war crimes, pending at year’s end.

Participation of Women and Minorities: There is no provision to reserve parliamentary seats for minorities. Women have 50 reserved parliamentary seats out of a total of 350. Those who hold the 50 seats are appointed by the parties rather than directly elected by constituents.

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Officials frequently engaged in corrupt practices with impunity. Human rights groups, the media, the Anticorruption Commission (ACC), and other institutions reported government corruption.

Corruption remained a serious problem within the judiciary and was a factor in lengthy delays of trials, which facilitated witness tampering and intimidation of victims. Several reports by human rights groups and corruption watchdog groups indicated continued public dissatisfaction with the perceived politicization of the judiciary. The government subjected the judiciary to political pressure (see section 1.e.), and cases involving opposition leaders often proceeded in an irregular fashion.

Corruption: Some in civil society stated the government was not serious about fighting corruption and that it used the ACC for politically motivated prosecutions. A 2013 amendment to the ACC Law removed the ACC’s authority to sue public servants without prior government permission. The ACC reported that the defendant was convicted in 32 percent of adjudicated cases, which is an increase of 10 percent from last year. The court started to pursue some cases against lower-level government officials and some higher-level officials. A large backlog of cases remains, however. As of November, the ACC filed 266 new graft cases in addition to the 3,097 cases that were pending at the end of 2015.

The ACC continued to pursue a case filed in 2007 against Housing and Public Works Minister Mosharraf Hossain for amassing illegal wealth worth 30 million taka ($383,000). In July, the High Court allowed the ACC to continue investigation of the case and directed Mosharraf to surrender to a lower court. In October, Mosharraf told media that the ACC would face trouble if it continued to investigate two senior officials in the Capital Development Authority for misappropriation of funds. The ACC also continued its case against MP Abdur Rahman Bodi from Cox’s Bazar, who was released on bail, for amassing illegal wealth. Bodi was implicated in at least 23 cases, including human trafficking and drug smuggling, and was present during a meeting between alleged terrorists and a Saudi national that was disrupted by the Bangladesh Border Guard in July. On November 2, a Dhaka court convicted Bodi of concealment of wealth and sentenced him to two years in prison, fined him one million taka and sent him to jail. Bodi, however, filed an appeal with the High Court, which released him on bail.

In some cases, the ACC was used by the government as a political tool. In July the High Court convicted Tarique Rahman, senior vice chairman of the BNP, of money laundering following the ACC’s appeal of a lower court verdict acquitting him of charges. Rahman was sentenced to seven years in prison and fined 200 million taka (more than $2.5 million), and in November the High Court asked authorities to start trials for two tax evasion and three extortion cases against him from 2007 and 2008.

The government took steps to address widespread police corruption. The IGP continued to train police to address corruption and create a more responsive police force. A current year report from the Asia Foundation found that public trust in the police was lower than any other public institution with 45 percent of respondents believing them to have low or very low integrity.

According to a June report from Transparency International Bangladesh (TIB), 58 percent of households surveyed paid a bribe in 2015, amounting to more than 88 trillion taka ($1.1 billion) of bribes paid in the service sector. The NGO asserted that the highest levels of graft were related to passport services, law enforcement, education, the road transport authority, and the land administration.

Financial Disclosure: The law requires candidates for parliament file statements of personal wealth with the Election Commission. The ACC has responsibility for investigating related complaints to illegally gained wealth, but it dropped investigations of some politicians for amassing wealth unexplained by known sources of income after the politicians stated they made mistakes on their wealth affidavits.

Public Access to Information: The law provides for public access to government information, but it was not effective. The Information Commission is responsible for implementing the law, which lists a few exceptions (e.g., national security) and establishes nominal processing fees. The commission has the authority to issue summonses compelling individuals who do not comply with a request for information to give oral or written evidence under oath. Observers noted that the commission filed few cases during the year due to citizens’ limited understanding of the law and limited capacity to file and pursue requests for information. The commission conducted public outreach and training of public officials to encourage effective use of the law.

A wide variety of domestic and international human rights groups generally operated independently, investigating and publishing their findings on human rights cases. Although human rights groups often sharply criticized the government, they also practiced some self-censorship. Observers noted that a “culture of fear” had diminished the 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 their public criticism of government policies.

The government continued to restrict the funding and operations of the human rights organization Odhikar since the 2013 publication of an Odhikar report that many independent observers believed significantly exaggerated the government’s use of force during a Hefazat-e-Islam rally. The report included a count of resulting deaths that differed considerably from the official number and other independent estimates. Although the ACC dropped its case against Odhikar in June, Odhikar representatives continued to report harassment by government officials and security forces, including disruption of their planned events. Odhikar reported investigations into its finances that it regarded as harassment and the blockage by the NGO Affairs Bureau of foreign funds, including a grant from the European Union. Family members and Odhikar staff reported additional harassment and claimed their telephone calls, e-mails, and movements were under constant surveillance by security officers.

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 people, LGBTI communities, Rohingya refugees, or worker rights, faced both formal and informal governmental restrictions. In July, the State Minister for Social Welfare Nuruzzaman Ahmed told parliament that his ministry would investigate and cancel the registration for any NGO involved in “anti-state activities.” International NGOs that assist Rohingya refugees and work with organized labor reported difficulties in meeting stringent government administrative requirements. 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. The government countered NGO criticism through the media, sometimes with intimidating or threatening remarks, and through the courts (see section 1.e.). In October, NGOs discovered that the NGO Affairs Bureau posted on its public website detailed information for foreigners employed by NGOs in the country, including names, passport numbers, local addresses, e-mail addresses, and local telephone numbers, creating a significant security risk.

Following a two-year drafting process, parliament passed the Foreign Donations (Voluntary Activities) Regulation Act on October 5, placing stricter control over the foreign funding of NGOs and enacting punitive provisions for those NGOs that make “derogatory” comments regarding the constitution of the country, its founding history, or constitutional bodies (i.e., government institutions and leaders). NGO leaders stated that the bill infringes on their constitutional right to freedom of expression, to which prominent MP Suranjit Sengupta responded that NGOs are not entitled to freedom of expression. NGOs also stated that the law was unclear, autocratic, subject to interpretation, and contrary to the constitution.

The law also includes a provision that will require NGOs to obtain preauthorization for obtaining funds from foreign individuals, and for NGOs’ sub-grantees to do the same, which will negatively affect the ability of some organizations to operate. The bill will also require approval and monitoring of each project by the NGO Affairs Bureau and give the director general of the bureau the authority to impose sanctions, including fines up to three times the amount of the foreign donation or closure of an NGO. Some NGOs reported that the NGO Affairs Bureau had pushed them toward service delivery and away from rights-based awareness raising or NGO capacity building.

Government Human Rights Bodies: The NHRC has seven members, including five honorary positions. Observers noted that the NHRC’s small government support staff was inadequate and underfunded. The NHRC’s primary activity was educating the public about human rights and ostensibly advising the government on key human rights issues. The International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights found that the NHRC did not fully comply with international standards for such bodies. Specifically, the coordinating committee focused on the lack of transparency in selecting NHRC commissioners and the NHRC’s lack of hiring authority over its support staff. In August, the government appointed Kazi Rezaul Haque as the new chairman of the NHRC through a process that lacked transparency and limited civil society participation.

Women

The law specifically prohibits certain forms of discrimination against women, provides special procedures for prosecuting persons accused of violence against women and children, calls for harsh penalties for these offenses, provides compensation to victims, and requires action against investigating officers for negligence or willful failure of duty. Enforcement was weak. Laws regarding marriage, divorce, custody, and inheritance differed according to an individual’s religion and were often discriminatory toward women and girls.

Rape and Domestic Violence: The law prohibits rape and physical spousal abuse, but it does not criminalize marital rape. Rape can be punished by life imprisonment or the death penalty. Gender-based violence remained a serious challenge. The Bangladesh Bureau of Statistics (BBS)Report on Violence Against Women Survey 2015released in October found that 80.2 percent of women were abused by a husband or male partner at least once in their lifetime, a finding lower than the 2011 survey in which 87.1 percent of women reported abuse. While the government operated a confidential helpline for reporting abuse, nationally only 2.4 percent of women and girls knew about it and only 2.6 percent took legal action according to the survey. Human rights organization Ain O Shalish Kendro (ASK) documented 101 killings of women by their husbands between January and June. Of the 442 rape cases recorded from January to August, 107 victims were between the ages of seven and 12 years of age. Twenty-three victims were killed after being raped, and six rape victims committed suicide. Admissions to treatment centers for victims of GBV indicated a 10 percent increase in rape and other violence against women in the third quarter of the year.

According to human rights monitors, many victims did not report rapes due to lack of access to legal services, social stigma, or fear of further harassment and the legal requirement to furnish witnesses. As a result, the prosecution of rapists was weak and inconsistent. Media reported that between 2001 and 2015, 22,386 women and children received treatment for rape and other violence at the government-run One Stop Crisis Centers located at 10 government hospitals. Of these, 5,003 cases were filed, resulting in 820 verdicts, and punishment for only 101 perpetrators.

A 2013 UN multiagency study on violence against women surveyed almost 2,400 men between the ages of 18 and 49 in one urban and one rural area of the country. According to the study, 55 percent of urban male respondents and 57 percent of rural respondents reported they themselves had perpetrated physical and/or sexual violence against women. The study concluded that the low prosecution rate of rapists supported a culture of impunity and encouraged further criminal acts by respondents who admitted to perpetrating rape. In total, 88 percent of rural respondents and 95 percent of urban respondents reported they faced no legal consequences for rape charges.

In October, 23-year-old Khadiza Begum Nargis, a student at Sylhet Government Women’s College, was hacked repeatedly on her head with a machete by Badrul Alam, a fourth-year student at Shahjalal University of Science and Technology (SUST) and the senior assistant secretary of SUST’s Bangladesh Chatra League unit. The attack was carried out on the campus of Murari Chand College where the victim had gone to take an exam. The attack was partially videotaped by a bystander with a mobile phone, and the clip went viral on social media, prompting outrage. While it appears that no one intervened during the attack, according to media reports, some bystanders chased Badrul when he tried to flee following the assault. Badrul confessed to hacking Khadiza with the intent to kill her after she refused his advances. Murari Chand College students formed a human-chain to protest the killing, while others took to Facebook and other social media platforms to vent their anger at the brutality of the attack and demand justice for Khadiza. The SUST administration expelled Badrul and formed a three-member committee to probe the incident. Badrul is in police custody and his trial was ongoing in December. Nargis survived the attack after emerging from a coma and continued to receive medical treatment at the end of the year.

The government operated a confidential hotline and 68 hospital-based crisis centers for survivors of domestic violence at the divisional, district, and sub-district levels where domestic violence survivors receive health care, police assistance, legal advice, and psychosocial counseling. There were some support groups for survivors of domestic violence. The number and capacity of legal aid services and shelter homes were inadequate compared to the need and were unsustainable given their reliance on project funding, according to the September Citizens’ Initiatives on the Convention for the Elimination of All Forms of Discrimination Against Women–Bangladesh (CIC-BD) Alternative Report.

In August, following advocacy by Bangladesh Legal Aid and Services Trust (BLAST) and other human rights groups, the High Court Division of the Supreme Court directed forensics experts to submit their opinions on the so-called “two-finger” rape test. During the test, a doctor assesses whether a woman has had sexual intercourse by inserting two fingers into her vagin* to determine her “vagin*l laxity” by checking for presence of the hymen. Human rights organizations and the broader medical community contend that the test is unscientific, has no forensic value, and retraumatizes survivors. Human rights organizations viewed the directive as a sign of progress toward ending the practice. Despite recent development of The National Action Plan to Prevent Violence Against Women and Girls (2013-2025), human rights monitors, including CIC-BD, noted concern about the plan’s limited focus on prevention and resource allocation. In consultation with NGOs, the government established a committee to implement the plan.

Other Harmful Traditional Practices: Some NGOs reported violence against women related to disputes over dowries. In a current year report, the organization Bangladesh Mahila Parishad documented 302 women who were tortured due to dowry issues in the first nine months of 2015 and another 161 who were killed. In July, media reported that a husband beat his wife because he received a dowry of 80,000 taka ($1,016) and not the 100,000 taka ($1,270) that he had demanded. Police later arrested the man, and there was no further information about the outcome of the arrest at year’s end.

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 that 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. In August, following advocacy from BLAST, the Ministry of Local Government, Rural Development, and Cooperatives ordered district commissioners to mandate local councils to prevent extrajudicial punishments in their areas.

Incidents of vigilantism against women occurred, sometimes led by religious leaders enforcing fatwas. The incidents included whipping, beating, and other forms of physical violence. In August, media reported that a local council member in Rangpur named Aktar Hossain directed that a local woman and man be punished for an “extramarital affair” that occurred when the man broke into the woman’s house while her husband was gone. Without hearing testimony from the woman, the council member determined that she be caned 101 times by her husband before 400 assembled villagers while the council member caned the man 20 times.

Acid attacks, although less common than in the past, remained a serious problem. 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 in connection with land disputes. A prominent local NGO reported 36 acid attacks harming 42 victims from January through September. In January, a court in Sylhet sentenced Muhammed Laike Ahmed to 14 years in prison for throwing acid on a teenage girl in 2012 after she spurned his numerous proposals.

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; however, the government did not enforce the restrictions universally. To facilitate speedier prosecution of acid-throwing cases, the law provides special tribunals and generally does not allow bail. According to the Acid Survivors Foundation, the special tribunals were not effective, and conviction rates remained low.

Sexual Harassment: Sexual harassment in public and private, including in educational institutions and workplaces, is prohibited by a 2009 High Court guideline. The Bangladesh National Woman Lawyers’ Association noted in June that harassment remained a problem and monitoring and enforcement of the guidelines were poor, which sometimes prevented girls from attending school or work. The formation of complaints committees and the installation of complaints boxes at educational institutions and workplaces required by the Court’s directive were rarely enforced, according to the CIC-BD Alternative Report. Between January and June, ASK documented 148 cases of sexual harassment against women with three victims committing suicide. According to NGOs and media reports, cyber sexual harassment is also a growing problem.

Reproductive Rights: Couples and individuals had the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence. Civil society organizations, however, reported that victims of child marriage often lacked the means to access services. According to the 2014 Bangladesh Demographic and Health Survey (BDHS), the total fertility rate for women aged 15 to 49 was 2.3 children per woman, and 62.4 percent of married women used any method of contraception (54.1 percent used any modern method); 12.1 percent of women had unmet family planning needs. Weaknesses in the public health system, such as lack of trained providers and equipment in hard-to-reach and hard-to-staff areas, resulted in inequitable access to information and services around the country. A full range of contraceptive methods, including long-acting reversible contraception and permanent methods, were available through government, NGO and for-profit clinics and hospitals. Pharmacies and social marketing kiosks carried a wide range of family planning options and sold 41 percent of the family planning supplies distributed in the country, according to the 2014 BDHS. Most low-income families relied on public family planning services offered free of cost. The survey indicated that low levels of income and education, some religious beliefs, and traditional family roles sometimes served as barriers to access.

According to a 2015 estimate by the World Bank, during the preceding twenty-five years, maternal mortality ratio declined from 569 to 176 deaths per 100,000 live births.

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 “in all spheres of the state and of public life.” Nevertheless, 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.

Women faced sexual harassment at work, as well as difficulties in being promoted in factory jobs, obtaining access to credit, and other economic opportunities. The government’s National Women’s Development Policy included commitments to provide opportunities for women in employment and business.

Children

Birth Registration: The law does not grant citizenship automatically by birth within the country. Individuals become citizens if their fathers or grandfathers were born in the territories that are 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: Primary education was free and compulsory through fifth grade, and the government offered subsidies to parents to keep girls in class through 10th grade. While teacher fees and uniforms remained prohibitively costly for many families, the government distributed hundreds of millions of free textbooks to increase access to education. Enrollments in primary schools showed gender parity, but educational attainment was low for both boys and girls. The completion rates fell in secondary school with more girls than boys at the secondary level. The 2010 Education Policy extended compulsory primary education to the eighth grade; however, in the absence of legal amendments to reflect the policy, it remained unenforceable. Government incentives to families who sent children to school contributed significantly to increased primary school enrollments in recent years, but hidden school fees at the local level created barriers to access for the poorest families, particularly for girls. Many families kept children out of school to become wage earners or to help with household chores, and primary school coverage was insufficient in hard-to-reach and disaster-prone areas. Early and forced marriage was a factor in girls’ attrition from secondary school.

Child Abuse: Despite strong children’s rights legislation, there was a general lack of enforcement due to limited resources and capacity to implement and monitor these laws. Governance remained weak with responsibility for children held by one of the least-resourced ministries, the Ministry of Women and Children’s Affairs. 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 October, the government, with support from UNICEF, launched “Child Helpline–1098,” a free telephone service designed to help children facing violence, abuse, and exploitation.

According to the ASK, 683 children were victims of violence from January to August, with 51 victims aged six or younger and 234 victims aged seven to 12 years old. One hundred seventy-three children were raped, 33 were sexually harassed by stalkers, 14 were tortured by law enforcement agencies, 277 were tortured by teachers, and 87 experienced other types of physical torture. This followed a year in which such cases increased 161 percent between 2014 and 2015. The Prime Minister expressed concern about the surge in child murders in her speech at the Parliament in February.

Girls were especially vulnerable to violence and abuse. Findings from the Bangladesh Bureau of Statistics’Report on Violence Against Women Survey 2015indicated that 34.2 percent of girls aged 10-14 years have been raped at least once. The rate is 39.7 percent for those aged 15-19 years. In August, Suraiya Akter Risha, a 14-year-old eighth grader at Willes Little Flower School in Dhaka, was attacked in broad daylight by a knife-wielding assailant as she was leaving the school premises. Her death three days later sparked protests by students, teachers, and parents.

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 (see section 7.c.).

Early and Forced Marriage: The legal age of marriage is 18 for women and 21 for men, according to the Child Marriage Restraint Act, 1929, but the law is poorly enforced, and early and forced marriage remained a serious problem. According to 2016 UNICEF data, 52 percent of girls were married by age 18, and 18 percent were married by age 15. The median age of first marriage and first sexual intercourse, according to the 2014 BDHS, was 15.8 and 15.9 years old, respectively.

The Bangladesh Government drafted a new Child Marriage Restraint Act in 2015, which was the subject of intense national debate. The Act increases penalties for those arranging underage marriages but drafts included a clause that will allow marriage of children below the age of 18 under special circ*mstances. Despite assurances from the Government of Bangladesh not to reduce the legal age of marriage under any circ*mstance in the wake of intense advocacy on the part of human rights advocates and development donors protesting the clause, the cabinet approved the draft law, which was pending with parliament at year’s end. The Prime Minister publicly defended the draft act despite criticism from domestic sources and the international community. 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. The average age of marriage for females was less than 18, and as such children were among the victims of dowry and other marital violence.

Sexual Exploitation of Children: The penalty for sexual exploitation of children is 10 years’ to life imprisonment. The 2013 Children’s Act defines a child as anyone under age 18. Child p*rnography and the selling or distributing of such material is prohibited. The p*rnography Control Act sets the maximum penalty at 10 years in prison and a fine of 500,000 taka ($6,250). In 2009, the most recent year for such data, the International Labor Organization (ILO) and BBS completed a baseline survey on commercial sexual exploitation of children. According to the survey, of 18,902 child victims of sexual exploitation, 83 percent were girls, nine percent were transgender children, and eight percent were boys. The survey reported that 40 percent of the girls and 53 percent of the boys were under age 16, the age of consent when the survey was conducted. The age of consent is 18 for women and 21 for men.

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’sAnnual Report on International Parental Child Abductionattravel.state.gov/content/childabduction/en/legal/compliance.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. In one high profile case, ruling party politicians leveraged anti-Semitic sentiment for political gain by accusing an opposition leader of colluding with Israeli intelligence services.

Trafficking in Persons

See the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The Rights and Protection of Persons with Disabilities Act, 2013 provides for equal treatment and freedom from discrimination for persons with disabilities; however, persons with disabilities faced social and economic discrimination. The law focuses on prevention of disability, treatment, education, rehabilitation, social protection, employment, transport accessibility, and advocacy.

The law requires persons with disabilities to register for identity cards to track their enrollment in educational institutions and access to jobs. It allows them to be included in voter lists, to cast votes, and to participate in elections. It states that no person, organization, authority, or corporation shall discriminate against persons with disabilities and allows for fines up to 500,000 taka ($6,250) or three years’ imprisonment for giving unequal treatment for school, work, or inheritance based on disability, although implementation of the law is uneven. Support programs tended to push people living with disabilities toward vocational training instead of formal education. 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.

According to the Ministry of Public Administration, 1 percent of civil service first- and second-class jobs–gazette officers with more power and responsibilities than other classes–are reserved for persons with disabilities. According to the Center for Disability in Development, 148 union parishads (local government councils) have disability inclusion initiatives.

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 contains extensive accessibility requirements for new buildings. Nevertheless, authorities approved construction plans for new buildings that did not meet these requirements.

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 contains provisions for information and communications technology to be accessible to persons with disabilities through video subtitling, sign language, screen readers, or text-to-speech systems in public and private media outlets. The state television channel used sign language, but general practice by the media did not meet the requirements of the law.

The law identifies persons with disabilities as a priority group for government-sponsored legal services. The Ministry of Social Welfare, Department of Social Services, and National Foundation for the Development of the Disabled are the government agencies responsible for protecting the rights of persons with disabilities. Due to problems of accessibility and to discrimination, persons with disabilities were sometimes excluded from mainstream government health, education, and social protective services. The government reduced taxes on several hundred items, such as wheelchairs, hearing aids, Braille machines, orthotics, and prostheses, designed to assist persons with disabilities.

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 service centers for persons with disabilities in all 64 districts, where local authorities provided free rehabilitation services and assistive devices. The government also promoted autism research and awareness.

National/Racial/Ethnic Minorities

Violent attacks against religious minority communities continued, apparently motivated by transnational violent extremism as well as economic and political reasons. Attackers purporting to be affiliated with Da’esh and AQIS claimed to kill eight Hindus, two Christians, two Buddhists, as well as one Sufi and one Shi’a adherent. Four Hindus and two Buddhists were seriously injured in other attacks by religious extremists.

On October 30, 150-200 people vandalized 200 homes and at least five temples in the eastern Bangladesh subdistrict of Nasirnagar, reportedly injuring 150 people and setting fire to eight shops. The attack followed a Facebook post by a local resident showing a doctored photo with a Hindu deity pasted over the Kaaba in Mecca. A National Human Rights Commission fact-finding mission to the district reported on November 2 that the attacks were deliberate and aimed at driving out Hindus so as to grab their land. The Bangladesh Hindu Buddhist Christian Unity Council (BHBCUC) asserted that the local administration and the local Member of Parliament were responsible for failing to prevent the attacks. A police investigation found that a feud between ruling party members precipitated the attacks. Government officials, students, Hindu organizations, and others condemned the attacks, although there was disagreement on the cause. Police detained approximately 100 people, including the owner of the internet café where the photo was uploaded; many had tenuous links to the incident.

Religious minority advocacy groups, including the BHBCUC, criticized the government for not adequately protecting the country’s religious minorities. In June, Hindu leaders decried attacks that disproportionately targeted Hindus, imploring Indian authorities to intervene.

Some members of religious minorities reported private discrimination in employment and housing. Urdu-speaking minority communities reported systemic discrimination, including lack of access to employment and land. Discrimination against minorities in land tenure, combined with the lack of witness protection, at times made it difficult to stem land grabbing and to prosecute detained suspects.

Minority communities reported many land ownership disputes that disproportionately displaced minorities, especially in areas near new roads or industrial development zones where land prices had recently increased. They also claimed that local police, civil authorities, and political leaders were sometimes involved or shielded politically influential land grabbers from prosecution (see section 6.). In August, the government amended the Chittagong Hill Tracts (CHT) Land Dispute Resolution Commission Act, which may allow for land restitution for indigenous people living in the CHT (see section 2.d).

NGOs reported that 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 indigenous community experienced widespread discrimination and abuse, despite government quotas for participation of indigenous CHT residents in the civil service and higher education, as well as provisions for local governance as called for in the 1997 CHT Peace Accord. Indigenous persons from the CHT were unable to participate effectively in decisions affecting their lands due to disagreements regarding the structure and policies of the land commission. Parbatya Chattagram Jana Samhati Samiti, a political party formed to represent the people and indigenous tribes of the CHT, alleged that the ruling party, with support from local administration and security forces, used violence, intimidation, and vote-rigging to establish control over the CHT during the local council elections in June. Strict security measures prevented some indigenous individuals and activists from combating discrimination.

Indigenous persons also suffered from societal violence, including rape and murder. This violence was sometimes associated with land grabbing. According to a current year report from the Kapaeeng Foundation, an indigenous rights NGO, in 2015 134 indigenous people, including 101 from the CHT, were physically assaulted by Bengali nonstate actors, complicit with law enforcement agencies. Kapaeeng reported that 85 indigenous women and girls were sexually or physically assaulted in 2015, including 26 cases of rape, and 13 indigenous people were killed. In 2015, 84 houses belonging to indigenous people were vandalized and 35 were burned to the ground.

The government recognized indigenous people living in the CHT as having special status, and the constitution allows for affirmative action in favor of indigenous people, but indigenous groups reported that effective affirmative action did not occur. Some NGOs reported discrimination against indigenous people in government hiring and promotions. According to the CHT Commission, fewer than half of indigenous children ages six through 10 were enrolled in school in part due to a lack of indigenous-language instruction. Indigenous people at times lacked access to adequate housing and health care.

Indigenous groups and NGOs reported monitoring by civilian and military intelligence agencies, especially in the CHT, which had a pronounced military presence.

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 as of October. Bengalis and indigenous persons questioned the structure and impartiality of the commission. An August amendment to the CHT Land Dispute Resolution Commission Act was designed to address this issue, but it has been challenged by Bengali settlers to the area who feel it does not represent their interests (see section 2.d). Some indigenous people reporting losing land as a result of implementation of the recent Land Border Agreement with India.

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.

On November 6, members of the Santal community, a mostly Christian indigenous group which numbers approximately 500,000 in Bangladesh, clashed over land ownership with the workers of a sugar mill and police in the northern district of Gaibandha. According to media reports, three people were killed and 25 were injured in the clash during which Santal protesters fired bows and arrows at police who returned fire with teargas and rubber bullets. Police and ruling party activists evicted approximately 2,500 Santal families and looted and set fire to their houses during the incident. The conflict emerged when a hundred Santal protesters tried to reoccupy land the government had acquired in a 1952 agreement with their ancestors to grow sugarcane. Santal protesters claimed local authorities breached the agreement by leasing out part of the land for cultivation of crops other than sugarcane. On November 7, police filed criminal charges against 42 named and some 400 unnamed people for alleged involvement in the attack on the police. In December, video footage posted online of police seeing fire to Santal houses during the November 6 event sparked public outrage. Police stated that they were reviewing the evidence at the year’s end.

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

Consensual same-sex sexual activity is illegal under Section 377 of the Code of Criminal Procedure, but the law was not enforced. LGBTI groups reported police used the law as a pretext to bully LGBTI individuals, including those considered effeminate regardless of their sexual orientation, as well as to limit registration of LGBTI organizations. Some groups also reported harassment under a suspicious behavior provision of the police code. The Hijra population has long been a marginalized, but recognized, part of society, but faced elevated levels of fear, harassment, and law enforcement contact in the wake of violent extremist attacks against vulnerable communities. The government acknowledged the existence of the LGB population in its April 2013 Universal Periodic Review, contrary to its stance in the 2009 review, during which the foreign minister stated there were no LGB individuals in the country.

Members of LGBTI communities regularly received threatening messages via telephone, text, and social media, and some were harassed by the police. During the Bengali New Year (Pohela Boishakh) celebration, police prevented members of the LGBTI community from participating in a parade, ostensibly to protect them from rumored attacks, by detaining and reportedly humiliating them–including by divulging their LGBTI status to their family members. Following the parade, members of the community reported both online and in person harassment. On April 25, assailants allegedly linked to AQIS killed human rights activist Xulhaz Mannan and his friend Mahbub Rabbi Tonoy in Mannan’s home using machetes. The two killings generated a chilling effect within the LGBTI activist community, according to contacts. Following the event and continued harassment, many members of LGBTI communities, including the leadership of key support organizations, reduced their activities and sought refuge both inside and outside of the country. This resulted in severely weakened advocacy and support networks for LGBTI persons. Organizations specifically assisting lesbians continued to be rare. Strong social stigma based on sexual orientation was common and prevented open discussion of the subject.

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. Gender norms sometimes prevented women from accessing HIV information and services. According to the People Living with HIV Stigma Index, HIV-positive persons at times faced social ostracism, detention, and denial of inheritance rights. The overall HIV infection rate was less than 0.1 percent. Funding for HIV projects declined leading to closure of some service centers.

There were limited reports of violence against HIV/AIDS patients. NGOs said this was partly a function of fear if victims identified themselves and an absence of research due to the relatively low rate of HIV/AIDS in the country.

Other Societal Violence or Discrimination

Vigilante killings occurred. Local human rights organizations acknowledged the number of reported cases probably represented only a 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. In April, villagers in Khulna district assaulted two Hindu teachers for allegedly insulting the Prophet Muhammed and locked them in a school. The teachers were sentenced to six months in prison for “hurting religious sentiments.”

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right to join unions and, with government approval, the right to form a union, although labor rights organizations said that cumbersome requirements for union registration remained. The law requires a minimum of 30 percent of an enterprise’s total workforce to agree to be members before the Ministry of Labor and Employment may grant approval for a union, and the ministry may request a court to dissolve the union if membership falls below 30 percent. The law allows only wall-to-wall (entire factory) bargaining units. The labor law definition of workers excludes managerial, supervisory, and administrative staff. Firefighting staff, security guards, and employers’ confidential assistants may not join a union. Civil service and security force employees are prohibited from forming unions. The ministry may deregister unions for other reasons with the approval of a labor court. The law affords unions the right of appeal in the cases of dissolution or denial of registration. Export Processing Zones (EPZs), which currently do not allow trade union participation, are a notable exception to the national labor law (see below).

Prospective unions continued to report rejections based on reasons not listed in the labor law. The Ministry of Labor and Employment (MOLE) reports that there are 7,659 trade unions in Bangladesh, covering nearly 3 million workers, with 507 unions in the garment sector, including 375 new unions since 2013. MOLE reported that there were 16 unions in the shrimp sector and 13 unions in the leather and tannery sector. According to the Solidarity Center, a significant number of the unions in the readymade garment (RMG) sector were no longer active during the year due to factory closures or alleged unfair labor practices on the part of employers. After a rise in applications in February, the trade union application rate decreased over the course of the year. MOLE reported a better acceptance rate of RMG unions in Dhaka in the current year than in the prior year, with 52 percent of RMG unions successfully registering compared to 27 percent in 2015. The acceptance rate decreased in Chittagong to 41 percent (11 accepted and 16 rejected as of August) compared to 75 percent in 2015. Notably, the number of unions applying for registration significantly decreased in 2016. According to the Solidarity Center, MOLE had registered 47 RMG unions (36 in Dhaka and 11 in Chittagong) and rejected 41 (24 in Dhaka and 17 in Chittagong) as of December, compared with 61 registrations and 148 rejections in all of 2015. Solidarity Center also reported that 347 RMG factories have unions, and some of these factories have more than one union.

Workers at Dhaka Dyeing Garments attempted to register their union three times. The labor ministry rejected the application twice for what workers said were illegal grounds. After the third registration attempt, Ministry officials visited the factory and allegedly tried to turn workers against the union. Workers also publicly claimed the Joint Director of Labor in Dhaka offered the organizing trade union federation money to cease registration efforts. In November 2015, the employer fired more than 100 workers, workers protested, and the employers closed the factory for an illegal work stoppage, with approval from MOLE. After the factory closure, the federation and owners signed a Memorandum of Agreement, which outlined severance for the workers. In 2016, MOLE transferred the Joint Director of Labor in Dhaka, who faced corruption complaints from federations, to another jurisdiction.

The law provides for the right to conduct legal strikes but with many limitations. For example, the government may prohibit a strike deemed to pose a “serious hardship to the community” and may terminate any strike lasting more than 30 days. The law additionally prohibits strikes for the first three years of commercial production or if the factory was built with foreign investment or owned by a foreign investor. Starting December 11, 59 factories in Ashulia, an industrial suburb of Dhaka, experienced work stoppages when thousands of workers went on strike to demand wage increases. The country’s major labor federations did not organize the strike; however, at least 11 labor leaders were detained and arrested by local authorities following the incident for a range of allegations, including charges under the Special Powers Act. Following reported harassment from the industrial police, several labor federations operating in Ashulia and other areas closed their offices, as well as worker community centers supported by the Solidarity Center.

Legally registered unions are entitled to submit charters of demands and bargain collectively with employers; this occurred rarely, but instances were increasing. The law provides criminal penalties for unfair labor practices such as retaliation against union members for exercising their legal rights. Labor organizations reported that in some companies, workers did not exercise their collective bargaining rights due to their unions’ ability to address grievances with management informally or due to fear of reprisal. According to the Solidarity Center, as of October, garment sector unions and their management reached 22 collective bargaining agreements in factories with active unions.

Workers seeking to form a union at Reliance Denim Industries Ltd. (Reliance), a factory in Chittagong, were able to address grievances with management following two violent assaults in January. On January 13, 20 men reportedly attacked a union organizer on his way home from a labor-management meeting and the next day 40 men, including a factory manager, attacked employees within the factory. Factory managers blamed union leaders for the attack in the factory, had the organizer arrested and then refused to allow at least seven people to enter the factory on January 16, effectively causing their suspension. After receiving pressure from at least one brand, on January 25, the union reached an agreement with management to drop criminal charges, allow workers to return to the factory with back-pay for time missed, make a statement to the workforce regarding freedom of association, and start regular labor-management meetings.

The law includes provisions protecting unions from employer interference in organizing activities; however, employers, particularly in the readymade garment industry, often interfered with this right. Labor organizers reported acts of intimidation and abuse, the termination of employees, and scrutiny by security forces and the intelligence services. Labor rights NGOs alleged that some terminated union members were unable to find work in the sector because employers blacklisted them. The BGMEA reported that some factory owners complained about harassment from organized labor, including physical intimidation, but statistics and specific examples were unavailable.

Workers at the Azim Group, a Bangladeshi manufacturer operating multiple factories, have met repeated intimidation, retaliation, and physical violence in their efforts to exercise their associational rights. Following violent attacks on union organizers in Azim-owned factories in 2014, workers at three Azim-owned factories worked to form unions affiliated with the Bangladesh Independent Garment Worker Union Federation (BIGUF) in late 2015. Factory managers retaliated by suspending nine workers involved in the organizing effort. The Worker Rights Consortium (WRC) reported that factory managers and supervisors threatened to kill worker activists for organizing a union. On March 31, the JDL rejected all three registration applications with minimal rationale. In May, following intense pressure from buyers contacted by BIGUF and WRC, Azim Group reinstated the nine suspended workers, who have continued their organizing efforts and will refile their applications for union registration.

Managers of Panorama Apparels Ltd. (Panorama) in Gazipur stifled workers’ efforts to organize with assistance of local ruling party politicians. According to WRC, management coerced five workers seeking to form a union to resign on February 29 while the JDL reviewed their application. The JDL then rejected the union registration application on suspect grounds, including the fact that the union’s President and Secretary did not work at the factory (as management had just coerced them to resign). Following pressure from brands, management agreed to several meetings in April with the union leaders to discuss reinstatement of the five individuals and protection of their right to organize. Using a combination of pressure and intimidation from AL politicians and coercion (e.g., denying union leaders the opportunity to consult legal counsel and presenting them a written agreement in English, which they do not understand), however, management convinced the workers not to return to the factory. MOLE reported that five workers voluntarily quit their jobs at Panorama and received their due compensation; MOLE has reported these complaints resolved.

At Friends Stylewear Ltd., factory management terminated all active union members, and in response to several Unfair Labor Practice complaints, the JDL has filed 18 cases against the factory owner according to the WRC. As of August, the cases are pending in the Labor Court.

According to 2013 Amendments to the labor law, every factory with more than 50 employees is required to have an elected Workers’ Participation Committee (WPC). In September 2015, the government passed the Bangladesh Labor Rules called for in the amended law. The rules include an outline of the process for WPC elections. As of August, the government reports that approximately 236 WPCs were formed with the majority in the RMG sector.

A separate legal framework under the authority of the Bangladesh Export Processing Zone (EPZ) Authority (BEPZA) governs labor rights in the EPZs, where approximately 458,000 Bangladeshis work. EPZ law specifies certain limited associational and bargaining rights for Worker Welfare Associations (WWAs) elected by the workers, such as the rights to bargain collectively and represent their members in disputes. According to BEPZA, 231 WWAs were formed as of September. The law prohibits unions within EPZs. While an earlier provision of the EPZ law banning all strikes under penalty of imprisonment expired in 2013, the law continues to provide for strict limits on the right to strike, such as the discretion of the BEPZA’s chairman to ban any strike he views as prejudicial to the public interest. The law provides for EPZ labor tribunals, appellate tribunals, and conciliators, but those institutions were not established. Instead eight labor courts and one appellate labor court heard EPZ cases. The BEPZA has its own inspection regime with labor counselors that function as inspectors. WWAs in EPZs are prohibited from establishing any connection to outside political parties, unions, federations, or NGOs.

There were no reports of legal strikes in the EPZs. Parliament continued to defer action on a draft EPZ law, which, along with the Bangladesh Labor Act, does not meet international labor standards according to the ILO. The Parliamentary Standing Committee on Ministry of Law, Justice, and Parliamentary Affairs held several hearings on the draft law, including one on September 29 where the committee solicited feedback from the international community. Following the September 29 meeting, the committee chair assigned a subcommittee the task of reviewing comparable practices in neighboring countries. The committee had not reported back at the end of the year.

With the exception of limitations on the right of association and worker protections in the EPZs, national labor law prohibits antiunion discrimination. A labor court may order the reinstatement of workers fired for union activities, but this right was rarely exercised.

The government did not always enforce applicable law effectively or consistently. For example, labor law establishes mechanisms for conciliation, arbitration, and dispute resolution by a labor court and workers in a collective-bargaining union have the right to strike in the event of a failure to reach a settlement. In practical terms, few strikes followed the cumbersome legal requirements, and strikes or walkouts often occurred spontaneously.

Penalties for violating the law increased in 2013, enabled by the issuance of implementing rules. The maximum fine for a first violation is 25,000 taka ($313); the fine doubles for a second offense. The law also allows for imprisonment of up to three years. If a violation results in death, the law allows a fine of up to 100,000 taka ($1,250), four years’ imprisonment, or both. Administrative and judicial appeals were subject to lengthy delays.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties for forced or bonded labor offenses are five to 12 years’ imprisonment and a fine of not less than 50,000 taka ($625). Inspection mechanisms that enforce laws against forced labor did not function effectively. Resources, inspections, and remediation efforts were inadequate. The law also provides that victims of forced labor have access to shelter and other protective services afforded to trafficking victims.

Some individuals recruited to work overseas with fraudulent employment offers subsequently were exploited abroad under conditions of forced labor or debt bondage. Many migrant workers assume debt to pay high recruitment fees, imposed legally by recruitment agencies belonging to the Bangladesh Association of International Recruiting Agencies (BAIRA) and illegally by unlicensed sub-agents.

Some instances of bonded labor and domestic service were reported, predominately in rural areas. Children and adults were forced into domestic servitude and bonded labor that involved restricted movement, nonpayment of wages, threats, and physical or sexual abuse (see section 7.c.).

See the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law regulates child employment, and the regulations depend on the type of work and the child’s age. The minimum age for work is 14, and the minimum age for hazardous work is 18. The law allows for certain exceptions, permitting children who are ages 12 or 13 to perform restricted forms of light work. Minors can work up to five hours per day and 30 hours per week in factories or up to seven hours per day and 42 per week in other types of workplaces. By law every child must attend school through fifth grade.

The labor Ministry’s enforcement mechanisms were insufficient for the large, urban informal sector, and there was little enforcement of child labor laws outside the export-garment and shrimp-processing sectors. Agriculture and other informal sectors that had no government oversight employed large numbers of children.

Under the Ministry’s 2012-2016 Child Labor National Plan of Action, the National Child Labor Welfare Council is charged with monitoring child labor. The council has only met twice, however, since its inception. The government mandated child protection networks at district and subdistrict levels to respond to a broad spectrum of violations against children, including child labor; to monitor interventions; and to develop referral mechanisms.

The law specifies penalties for violations involving child labor, including nominal fines of less than 5,000 taka ($63). These penalties were insufficient to deter violations. The government occasionally brought criminal charges against employers who abused domestic servants. MOLE filed 40 child labor cases in 2015; in general, resources, inspections, and remedial action were inadequate.

On July 10, a 10-year-old boy named Sagar Barman was killed at Zobeda Textile and Spinning Mills where he worked with his father. His father accused management in the factory of beating him and killing his son by using an air compressor to pump air into his son’s rectum; similar murders occurred in August 2015 and December 2016. The boy’s death led to discovery of 24 children working at the factory, aged between 10 and 15 years old. The Department of Inspections of Factories and Establishments (DIFE) reportedly filed a case against the factory in court, and police arrested the supervisor.

Child labor was widespread, particularly in the informal sector and in domestic work. According to a 2016 Overseas Development Institute report based on a survey of 2,700 households in Dhaka’s slums, 15 percent of 6- to 14-year-old children were out of school and engaged in full-time work. These children were working well beyond the 42-hour limit set by national legislation. The ready-made garment industry was the main employer of these children and accounted for two thirds of female child labor.

According to the ILO, agriculture is the primary employment sector for boys and services is the main sector for girls. According to the BBS 2015 Bangladesh Child Labor Report, 3.45 million children are working and 1.28 million are employed in hazardous jobs. The BBS estimates that 17.1 percent of working children suffered verbal abuse, 1.2 percent suffered beatings, and 2.5 percent suffered sexual abuse. A recent UNICEF survey in Keranigaj found that 59 percent of an estimated 185,000 workers in the area were under the age of 18 and worked up to 17 hours per day during peak production. According to Young Power in Social Action, an NGO working to protect the rights of shipbreakers in Chittagong, 11 percent of the shipbreaking workforce is under the age of 18. NGOs, such as Shipbreaking Platform, report laborers work long hours without training, safety equipment, holidays, adequate health care, or contractual agreements. At least 16 workers died in the industry in 2015.

Children were engaged in the worst forms of child labor, primarily in dangerous activities in agriculture. Children working in agriculture risked using dangerous tools, carrying heavy loads, and applying harmful pesticides. Children frequently worked long hours, were exposed to extreme temperatures, and suffered high rates of injury from sharp tools. Children also worked in such hazardous activities as stone and brick breaking, dyeing operations, blacksmith assistance, and construction. Forced child labor was present in the fish-drying industry, where children were exposed to harmful chemicals, dangerous machines, and long hours of work. In urban areas, street children work pulling rickshaws, garbage picking, recycling, vending, begging, repairing automobiles, and working in hotels and restaurants. These children were vulnerable to exploitation, for example, in forced begging or being used to smuggle or sell drugs.

Children frequently worked in the informal sector in areas including the unregistered garment, road transport, manufacturing, and service industries.

See the Department of Labor’sFindings on the Worst Forms of Child Laboratwww.dol.gov/ilab/reports/child-labor/findings/.

d. Discrimination with Respect to Employment and Occupation

The labor law prohibits wage discrimination on the basis of sex or disability, but it does not prohibit other discrimination based on sex, disability, social status, caste, sexual orientation, or similar factors. The constitution prohibits adverse discrimination by the state on the basis of religion, race, caste, sex, or place of birth and expressly extends that prohibition to government employment; it allows affirmative action programs for the benefit of disadvantaged populations.

The lower-wage garment sector has traditionally offered employment opportunities for women. Women represented the majority of garment sector workers, making up approximately 56 percent of the total RMG workforce according to official statistics although statistics varied widely due to a lack of data. The ILO estimates that women make up 65 percent of the RMG workforce. Despite representing a majority of total workers, women were generally underrepresented in supervisory and management positions. Women were subjected to abuse in factories, including sexual harassment. There were gender-based wage disparities in the overall economy, including in the garment sector.

Some religious, ethnic, and other minorities reported discrimination, particularly in the private sector (see section 6.).

e. Acceptable Conditions of Work

The National Minimum Wage Board established minimum monthly wages on a sector-by-sector basis. The board may convene at any time, but it is supposed to meet at least every five years in a tripartite forum to set wage structures and benefits industry by industry. By law, the government may modify or amend existing wage structures through official public announcement in consultation with employers and workers. In the garment industry, the board set the minimum monthly wage at 5,300 taka ($66) in 2013. Wages in the apparel sector often were higher than the minimum wage, and wages in the EPZs typically were higher than general wage levels–5,500 taka ($70) per month according to BEPZA. Among the lowest minimum wages were those for tea packaging set in 2013 at 69 taka ($0.86) per day established by a Memorandum of Understanding. None of the set minimum wages provided a sufficient standard of living for urban dwellers. The minimum wage was not indexed to inflation (which averaged 7 to 8 percent annually), but the board occasionally made cost-of-living adjustments to wages in some sectors.

By law, a standard workday is eight hours. A standard workweek is 48 hours but may be extended to 60 hours, subject to the payment of an overtime allowance that is double the basic wage. Overtime cannot be compulsory. Workers must have one hour of rest if they work for more than eight hours a day or a half-hour of rest for more than five hours’ work a day. Factory workers are supposed to receive one day off every week. Shop workers receive one and one-half days off per week. The law establishes occupational health and safety standards, and recent amendments to the law created mandatory worker safety committees. The law says that every worker should be allowed at least 11 festival holidays with full wages in a year. The days and dates for such festivals may be fixed by the employer.

Labor law implementing rules outline the process for the formation of occupational safety and health (OSH) committees in factories, and the government reports that approximately 133 safety committees were formed as of August. The committees will include both management and workers nominated by the union or the factory’s WPC. Where there is no union or WPC, the labor ministry will arrange an election among the workers for their representatives.

The government did not effectively enforce minimum wage, hours of work, and occupational safety and health standards in all sectors. Although increased focus on the garment industry improved compliance in some garment factories, resources, inspections, and remediation were generally not adequate across sectors, and penalties for violations were not sufficient to deter violations.

MOLE resources were inadequate to inspect and remediate problems effectively, and the Ministry lacked authority to sanction employers directly without filing a court case. The Ministry nonetheless took steps to increase its staff and technical capacity. The government increased the Ministry’s budget by 370 percent in the 2014-2015 fiscal year and a further 72 percent to $4.1 million in 2015-2016. As of April, the Ministry had 277 active inspectors of which 235 had been hired after Rana Plaza. As of June 2016, MOLE reported it had approval and was in the process of hiring an additional 169 inspectors. The Public Service Commission was in the process of hiring 89 of these new inspectors at the year’s end. MOLE reported receiving 66 allegations of anti-union discrimination, of which it resolved 32. The Ministry stated in August that it received approval from the Ministry of Public Administration to upgrade the Directorate of Labor to the Department of Labor, which will increase its staff from 712 to 1,043. The upgrade is now pending approval from the Ministry of Finance.

The 2013 Rana Plaza building collapse killed 1,138 workers and injured more than 2,500. In the aftermath of the collapse, private companies, foreign governments, and international organizations worked with the government to inspect more than 3,660 garment factories, leading to 39 full and 42 partial closures of factories for imminent danger to human life as of August. Many factories began to take action to improve safety conditions, although remediation in many cases has proceeded slowly due to a range of factors, including failure to access adequate financing. The court case against Sohel Rana, the owner of Rana Plaza, and 40 other individuals on charges including murder began on July 18. Witness deposition started on September 18. The trial was ongoing at year’s end.

A trial against those implicated in the 2012 Tazreen Fashions fire started on January 9 after charges were brought against 13 people, including chairman Mahmuda Akhter and managing director Delwar Hossain, in September 2015. Media reported that the trial was stalled at the end of the year.

Workers’ groups stated that OSH standards established by law were sufficient and that more factories took steps toward compliance. The law provides for a maximum fine of 25,000 taka ($313) for noncompliance, but this did not deter violations.

Legal limits on hours of work were violated routinely. In the RMG sector, employers often required workers to labor 12 hours a day or more to meet export deadlines, but they did not always properly compensate workers for their time. According to the Solidarity Center, workers often willingly worked overtime in excess of the legal limit. Employers commonly delayed workers’ pay or denied full leave benefits. Labor Ministry inspections did not report any overtime violations.

Safety conditions at many workplaces were extremely poor, but the Solidarity Center and others reported significant safety improvements in the RMG sector. The Bangladesh Fire Service and Civil Defense upgraded its inspection unit from 55 to 265 inspectors, who received training on developing fire safety management plans for fire, building and electrical issues in garment factories. Formal sector factories outside of the RMG industry remain largely outside the scope of safety inspectors. On September 10, an explosion and fire at Tampaco Foils factory in Gazipur killed 35 people, demonstrating continued shortcomings in safety and proper facilities oversight despite improvements made since the Rana Plaza disaster.

Few reliable labor statistics were available on the large informal sector in which the majority of citizens worked, and it was difficult to enforce labor laws in the sector. The BBS 2010 Labor Force Survey reported the informal sector employed 47.3 million of the 56.7 million workers in the country.

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

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

b. Disappearance

There were no reports of politically motivated disappearances.

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

The constitution prohibits such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

Prison and detention center conditions generally met international standards.

Physical Conditions: According to police, there were no separate prisons designated for women and children.

Administration: Police administer the prison system; there was no available information regarding recordkeeping on prisoners.

Independent Monitoring: No international human rights groups sought access to monitor prisons during the year. The International Committee for the Red Cross (ICRC) has not renewed its memorandum of understanding with the Government of Bhutan since 2012 and did not request access to prisons during the reporting period.

d. Arbitrary Arrest or Detention

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

ROLE OF THE POLICE AND SECURITY APPARATUS

The Royal Bhutan Police (RBP) is responsible for internal security. The Royal Bhutan Army (RBA) is responsible for defending against external threats but also has responsibility for some internal security functions, including counterinsurgency operations, protection of forests, and security for prominent persons. The RBP reports to the Ministry of Home and Cultural Affairs, and the king is the supreme commander in chief of the RBA.

Civilian authorities maintained effective control over the army and police, and the government has effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving security forces during the year. The army and police have procedures to conduct internal investigations of alleged personnel misconduct. Official courts of inquiry adjudicate the allegations. The king or a senior official makes the final determination on the outcome of a case.

By law the Police Service Board, made up of senior police personnel and a Ministry of Home and Cultural Affairs representative, investigates cases of abuse. Police officers can face criminal prosecution for human rights violations. The RBP has institutional reviews, human rights training, and accountability procedures for its personnel. The Civil and Criminal Procedure Code (CCPC) also provides an avenue to check on any abuse of power in criminal investigations by an investigating officer of the RBP.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Under the law, police may only arrest a person with a court-issued warrant or probable cause. Police generally respected the law. Police may perform “stop and frisk” searches only with a reasonable suspicion that a crime has been committed. Arresting authorities must issue an immediate statement of charges and engage in reasonable efforts to inform the family of the accused. The law requires authorities to bring an arrested person before a court within 24 hours, exclusive of travel time from the place of arrest. The law provides for prompt access to a lawyer and government provision of an attorney for indigent clients. Bail is available depending on the severity of charges and the suspect’s criminal record, flight risk, and potential threat to the public. In addition, bail can be granted after the execution of the bail bond agreement. Remanded suspects can be held in police custody for 10 days pending investigation, which the court can extend to 49 days, and then again to 108 days in cases involving “heinous” crimes, should the investigating officer show adequate grounds. The law expressly prohibits pretrial detention beyond 108 days. Detainees may pursue a writ of habeas corpus to obtain a court-ordered release. Under the Anticorruption Act of Bhutan, an Anticorruption Commission is empowered to arrest without a warrant any person upon reasonable suspicion of the person having committed or about to commit an offense. The arrested individual must make a court appearance within 24 hours.

e. Denial of Fair Public Trial

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

TRIAL PROCEDURES

The law stipulates that defendants must receive fair, speedy, and public trials, and the government generally respected this right. A preliminary hearing must be convened within 10 days of registration of a criminal matter with the appropriate court. Before registering any plea, courts must determine whether the accused is mentally sound and understands the consequences of entering a plea. Defendants enjoy a presumption of innocence, have the right to confront witnesses, and cannot be compelled to testify; cases must be proved beyond a reasonable doubt to obtain convictions. The government has prescribed a standing rule for all courts to clear all cases within a year of the case filing. The country has an inquisitorial judicial system, and there is no trial by jury.

Defendants have the right to appeal to the High Court and may make a final appeal to the king, who traditionally delegates the decision to the Royal Advisory Council. Trials are conducted publicly although a court can order that press and the public be removed from the courtroom for part or all of the trial in the interest of justice. The law grants defendants and their attorneys access to state evidence. The court must provide the opportunity for the parties to present relevant evidence, including witness testimony. Prosecutors and defendants are allowed to conduct direct and cross-examination.

Cases are tried pursuant to the CCPC. State-appointed prosecutors for the attorney general generally are responsible for filing charges and prosecuting cases for offenses against the state. In some cases other government departments, such as the Anticorruption Commission (ACC), file charges and conduct prosecutions.

The law provides for the right to representation. Although this occurred frequently in criminal cases, in civil cases most defendants and plaintiffs represented themselves. The law states that criminal defendants may choose legal representation from a list of licensed advocates. The government promoted the use of judiciary websites for legal information as a means of self-help for defendants. There were no reports that the courts denied any groups the right to trial.

POLITICAL PRISONERS AND DETAINEES

Nongovernmental organizations (NGOs) claimed that 28 political prisoners remained in Chamgang Central Jail in Thimphu. Most political prisoners were Nepali-speaking persons associated with protests in the early 1990s. Bhutanese officials claim those remaining in prison were convicted of violent crimes during demonstrations. The government reported that as of December 2016, there were 57 prisoners serving sentences resulting from convictions under the National Security Act or its related penal code provisions. No international monitors sought access to these prisoners. Since 2010 the government has released 47 political prisoners, including one granted amnesty by the king.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The CCPC governs the resolution of criminal trials and civil litigation and states that a suit may be initiated by a litigant or a member of the litigant’s family. The CCPC also provides for compensation to those detained or subjected to unlawful detention but later acquitted. Often local or community leaders assisted in resolving minor disputes. As plaintiffs and defendants often represented themselves in civil matters, judges typically took an active role in investigating and mediating civil disputes. The CCPC does not include a provision for appeal to regional human rights bodies.

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

The constitution states that a person “shall not be subjected to arbitrary or unlawful interference with his or her privacy, family, home, or correspondence, or to unlawful attacks on the person’s honor and reputation.” The government generally respected these prohibitions.

a. Freedom of Speech and Press

The law provides for freedom of speech and press. Citizens could publicly and privately criticize the government without reprisal.

Freedom of Speech and Expression: The constitution provides for freedom of speech including for members of the press. Defamation can carry criminal penalties, and citizens were cautious in their expression, especially as it related to criticism of the royal family or government practices.

Press and Media Freedoms: The media law does not provide specific protections for journalists or guarantee freedom of information. The media law also prohibits media outlets from supporting political parties. Media sources suggested that while there was commitment to media freedom at the highest levels, some media professionals continued to find bureaucrats unwilling to share information, especially on issues of corruption and violations of the law. Independent media outlets relied heavily on government advertisem*nts for revenue, and most news outlets struggled to generate sufficient revenue to operate.

Censorship or Content Restrictions: In itsFreedom in the World 2016report, Freedom House reported that a 2015 survey of 119 current and former Bhutanese journalists revealed general concerns about press freedom and access to information. Local contacts reported increased use of social media to raise complaints of official misconduct or abuse.

INTERNET FREEDOM

The government generally permitted individuals and groups to engage in peaceful expression of views via the internet. Government officials stated the government did not block access, restrict content, or censor websites. Freedom House reported the government occasionally blocked access to websites containing p*rnography or information deemed offensive to the state. Such blocked information typically did not extend to political content. The Annual Statistics 2015 of the Ministry of Information and Communications estimated the number of internet users at 61.15 percent of the population.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

While the constitution provides for the right to assemble peacefully, the government restricted this right. The 1992 National Security Act permits the government to control the public’s right to assembly “to avoid breaches of the peace” by requiring licenses, prohibiting assembly in designated areas, and declaring curfew. The penal code prohibits “promotion of civil unrest” as an act that is prejudicial to the maintenance of harmony among different nationalities, racial groups, castes, or religious groups.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, and the government permitted the registration of some political parties and organizations that were deemed “not harmful to the peace and unity of the country.” Many of the NGOs in the country maintained formal or informal connections to members of the royal family. In its Freedom in the World 2016 report, Freedom House stated the government did not permit the operation of NGOs working on the status of Nepali-speaking refugees. Under the law, all NGOs must register with the government. In order to register an NGO, an individual must be a Bhutanese citizen, disclose his or her family income and assets, disclose his or her educational qualifications, and disclose any criminal records.

c. Freedom of Religion

See the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government limited freedom of movement and repatriation. Freedom of movement often was restricted along ethnic lines. Rules established differences in citizenship categories and determined whether a person may be granted a “route permit” to travel internally or obtain a passport for international travel. (Bhutanese citizens are required to obtain a security clearance certificate to obtain a passport.)

Foreign Travel: The law establishes different categories of citizenship under which foreign travel is restricted. NGOs reported these restrictions primarily affected ethnic Nepalis although children of single mothers who could not establish citizenship through a Bhutanese father were also affected.

Exile: The law does not address forced exile, and there were no reported cases of forced exile during the year. In the early 1990s, the government reportedly forced between 80,000 and 100,000 Nepali-speaking residents to leave the country, following a series of decisions taken during the 1970s and 1980s establishing legal requirements for Bhutanese citizenship.

As of September after years of international resettlement efforts, approximately 10,000 Nepali-speaking refugees remained in two refugee camps in Nepal administered by the Office of the UN High Commissioner for Refugees (UNHCR). In itsFreedom in the World 2016report, Freedom House stated, 18,000 Nepali-speaking refugees remain in Nepal as of late 2015. The Bhutanese government claimed UNHCR failed to screen individuals who originally entered these camps to determine whether they had any ties to Bhutan.

Emigration and Repatriation: There continued to be delays in government consideration of claims to Bhutanese citizenship by refugees in Nepal.

Citizenship: Under the constitution, only children whose parents can both be proven to be citizens of Bhutan can apply for citizenship up to their first birthday, after which a petition must be filed with the king to be granted citizenship. NGOs reported that approximately 9,000 applicants have received citizenship since 2006. In May, 163 persons from Tashichhodzong and in August, 93 from Mongar were granted citizenship by the king. The law provides for revocation of the citizenship of any naturalized citizen who “has shown by act or speech to be disloyal in any manner whatsoever to the king, country, and people.” The law permits reapplication for citizenship after a two-year probationary period. The government can restore citizenship after successful completion of the probation and a finding that the individual was not responsible for any act against the government.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees.

The Central Tibetan Administration (CTA) reported that since the 1960s the country had sheltered Tibetan refugees who were initially located in seven settlements. The government reported that the Tibetans were integrated into society and that approximately 1,600 had applied for and received citizenship. As of July, there were 2,583 Tibetan refugees as per records maintained by the Department of Immigration. There are no current records of these refugees holding work permits. The CTA did not have an official presence in the country and did not provide social and economic assistance to Tibetans in Bhutan. The country’s border with China was closed, and Tibetans generally did not transit the country en route to India. The Tibetan population in the country appears stable. It is decreasing as Tibetan refugees adopt Bhutanese citizenship according to the Department of Immigration.

Employment: There were unconfirmed reports that some Tibetan refugees and some Nepali-speaking Bhutanese citizens could not obtain security clearances for government jobs, enroll in higher education, or obtain licenses to run private businesses. According to the government, all Bhutanese citizens are eligible for security clearances provided they do not have criminal records.

Access to Basic Services: The government stated that Tibetan refugees have the same access to government-provided health care and education as citizens, and access was given routinely. According to the CTA, 13 Tibetan refugees have received licenses to run businesses. The CTA also said that while Tibetan refugees are not eligible for government employment, a few Tibetan refugees worked as teachers and health-care providers under temporary government contracts. They reportedly have difficulties traveling within and outside the country.

Durable Solutions: Tibetan refugees could travel to India although many faced obstacles in obtaining travel permits. There were also reports the government did not provide the travel documents necessary for Tibetan refugees to travel beyond India. The government continued to delay implementing a process to identify and repatriate refugees with claims to Bhutanese residency or citizenship.

STATELESS PERSONS

A nationwide census in 1985 resulted in a determination that many Nepali-speaking persons in Bhutan were not citizens, effectively rendering them stateless. The government alleged that they were not citizens because they could not prove they had been resident in the country in 1958. The census was repeated in 1988-89 in the southern districts. During the second round of the census, those who were deemed not to be citizens in 1985 could apply for citizenship provided they met certain conditions. Those who did not meet the new criteria were categorized by the government as illegal immigrants and expelled. According to NGOs, an unknown number of Nepali-speaking stateless persons remained in the country, mainly in the south.

NGOs and media sources also highlighted the existence of stateless children born to unwed mothers who were unable to prove the identity of the father of the child. According to 2014 NGO reports, more than 700 children born in the country were not recognized as Bhutanese citizens because the nationality of their fathers was undocumented. Nonetheless, the Bhutanese government claimed that 20 children in the kingdom fell into this category.

Stateless persons cannot obtain “no objection certificates” and security clearance certificates, which are often necessary for access to public healthcare, employment, access to primary and secondary education, enrollment at institutions of higher education, travel documents, and business ownership. According to contacts, approximately 1,000 families are stateless. The National Commission for Women and Children stated children without citizenship were eligible for public educational and health services.

The constitution provides citizens the right to choose their government peacefully, and citizens exercised this right through periodic, free, and fair elections based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: The government successfully held national elections in July 2013. Voters elected the country’s second National Assembly, the lower house of parliament. The opposition People’s Democratic Party won 32 of 47 seats, ousting the former ruling party, the Druk Phensum Tshogpa. International observers generally considered the elections free and fair; there were no reports of significant irregularities during the election process.

Political Parties and Political Participation: The constitution states that political parties shall promote national unity and shall not resort to regionalism, ethnicity, or religion to incite voters for electoral gain. Political parties are required to be broad-based, have a national membership, not be limited to a particular regional or other demographic constituency, and not receive money or other assistance from foreign sources. To run for office, party candidates must possess a university degree and resign from a civil service job if held. Individuals who resign from the civil service cannot re-enter the service. While only two political parties contested the 2008 national elections, five parties contested the 2013 elections. The government provided funding only for general elections and maintained rigid guidelines on party financing.

Participation of Women and Minorities: As part of the country’s strict separation of religion from politics, the law barred ordained members of the clergy, including Buddhist monks and nuns, from participating in politics, including voting and running for office. There were no other laws limiting the participation of women and members of minorities in the political process.

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively. There were isolated reports of government corruption during the year. The 2011 Anticorruption Act, which is based on the UN Convention against Corruption, expands the mandate of the ACC to cover the private sector and enhances the ACC’s investigatory powers and functions.

Corruption: The government took an active role in addressing official corruption through the Public Accounts Committee in the National Assembly and the Royal Audit Authority, which monitored the use of government funds. The ACC is authorized to investigate cases of official corruption and allows citizens to post information on its website regarding corrupt practices. The ACC reportedly faced resource constraints. The constitution enables the ACC to act as an independent body although its investigative staff was primarily civil servants answerable to the Royal Civil Service Commission. In July 2015, the prime minister removed the foreign minister from his post due to a corruption scandal related to a charge of embezzlement of public property during Foreign Minister’s Rinzin Dorje past tenure as governor of Haa Province. Freedom House stated that Dorje was convicted and sentenced to one year in prison on September 2015. He was acquitted on July 28 of all charges by the Supreme Court.

Financial Disclosure: The law requires public servants, and persons working for NGOs using public resources, their spouses, and dependents to declare their income, assets, and liabilities.

Public Access to Information: The constitution mandates a right to information; however, no law provides for public access to government information. Several ministries publish laws, regulations, budgets, and other relevant information on websites to enhance transparency.

According to international NGOs, local civil society organizations practiced self-censorship to avoid issues perceived as sensitive by the government. Sensitive issues included women’s rights and environmental issues. The government reportedly did not permit human rights groups established by the Nepali-speaking community to operate, categorizing them as political organizations that did not promote national unity.

The United Nations or Other International Bodies: An agreement between the government and the International Committee of the Red Cross (ICRC) allowing the ICRC to make prison visits to persons detained for crimes against the security of the state expired in 2013 and was not renewed. The ICRC continued to engage with the government to facilitate prison visits for Bhutanese refugees living in Nepal. The UN has a resident coordinator in Bhutan, and UN organizations, including the UN Development Program and UN Children’s Fund, have a strong presence.

Government Human Rights Bodies: The National Assembly Human Rights Committee (NAHRC) conducted human rights research on behalf of the National Assembly. The Civil Society Organization (CSO) Authority has the legal authority to regulate civil society operations. Forty-seven CSOs were registered, of which 35 were categorized as Public Benefit Organizations and 12 Mutual Benefit Organizations.

Women

Rape and Domestic Violence: The law defines criminal sexual assault and specifies penalties. In cases of rape involving minors, sentences range from five to 15 years in prison. In extreme cases a person convicted of rape may be imprisoned for life. According to NGOs, cultural taboos and a lack of rights awareness among survivors resulted in underreporting of rapes. Spousal rape is illegal and prosecuted as a misdemeanor. The government criminalized the traditional practice of “night hunting” (bomena), practiced mainly in the eastern parts of country, in which a man climbs into a single woman’s window to have sex with her. According to the National Commission for Women and Children (NCWC), through the efforts of the Royal Police of Bhutan, and the NGO Respect, Educate, Nurture, and Empower Women ( RENEW), the prevalence of night hunting incidents declined significantly. There were no reported incidents of the practice during the reporting period.

The law prohibits domestic violence. Penalties for perpetrators of domestic violence range from a prison sentence of one month to three years. Offenders are also fined the daily national minimum wage for 90 days. Police stated that they encouraged women to reconcile with their allegedly abusive husbands and couples to pursue mediation before they file criminal charges for domestic violence. Three police stations across the country housed women and child protection units to address crimes involving women and children and eight police stations housed desks with officers specifically devoted to women and children’s issues. The government passed rules and regulations clarifying the Domestic Violence Act, trained police on gender issues, and allowed civil society groups to undertake further efforts, including operation of a crisis and rehabilitation center. The UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about reports of violence against women by their spouses or other family members and at work. According to the 2010 Bhutan Multiple Indicator Survey (BMIS), 68 percent of women believed certain behavior justified domestic violence. RENEW operated a domestic violence center in the capital. The Domestic Violence Prevention Act authorized the National Commission for Women and Children (NCWC) to develop and implement programs to prevent domestic violence, rehabilitate survivors, and conduct studies.

Sexual Harassment: The Labor Employment Act has specific provisions to address sexual harassment in the workplace. NGOs reported that these provisions were generally enforced.

Reproductive Rights: The country has no legal restrictions regarding the number, spacing, or timing of children, and there were no reports of coercion regarding reproduction. Modern contraception was available and legal. The UN Population Division estimated that 66 percent of women of reproductive age used a modern method of contraception in 2015. Women’s rights NGOs noted that there were generally no prohibitions against women accessing sexual and reproductive healthcare. The World Bank reported that access and equity to medical care for pregnant women was a challenge because of difficult terrain, leading to disparities in access to skilled birth attendants linked to geography and wealth. According to the World Bank, World Health Organization, and other UN agencies, the maternal mortality ratio in 2015 was 148 and increased from 120 deaths per 100,000 live births in 2013. According to the UN Population Fund (UNFPA), 75 percent of births were attended by skilled health personnel.

Discrimination: The law provides for equal inheritance for sons and daughters. Traditional inheritance laws stipulate that inheritance is matrilineal and that daughters inherit family land and daughters do not assume their father’s name at birth or their husband’s name upon marriage. According to NGO and government sources, within the household, men and women enjoyed relatively equal status.

The law mandates the government take appropriate measures to eliminate all forms of discrimination and exploitation of women, including trafficking, abuse, violence, harassment, and intimidation, at work and at home, and the government generally enforced the law. CEDAW expressed concern that the constitution does not include prohibitions on both “direct and indirect” forms of discrimination. CEDAW also noted that the government failed to adopt implementing legislation for its international treaty obligations related to women’s rights. The government said that provisions had been made in already existing legislation.

The NGO National Women’s Association worked to improve women’s living standards and socioeconomic status. RENEW, another NGO, also promoted and advocated for women’s rights and political participation. The NCWC actively defended the rights of women and children during the year, working closely with the Ministry of Home and Cultural Affairs, the judiciary, and the police.

Children

Birth Registration: Under the constitution, only children whose parents are both citizens of Bhutan acquire Bhutanese citizenship at birth. The birth must be registered before the child turns one year old. According to the Bhutanese Refugee Support Group, existing citizenship laws caused certain children to be categorized as “non-nationals” (see section 2.d.). Births in remote areas were less likely to be registered. Children who do not acquire citizenship before turning one year old are able to petition the king for citizenship. The government provides health and education services for children without citizenship. However, children in this situation are not able to acquire nonobjection certifications, citizenship identification cards, and passports.

Education: The government provides 11 years of universal free education to children although education is not compulsory. While gender parity at the primary level has been achieved, distances to the country’s secondary and tertiary schools, lack of adequate sanitation, and transportation difficulties contributed to girls’ unequal access to secondary and higher education. The law requires proof of birth registration for children to attend school. Children of non-Bhutanese residents may enroll with a copy of a parent’s work permit, employer letter, and documentation from the Department of Immigration.

Child Abuse: The law prohibits child abuse and provides for a minimum penalty of one year’s imprisonment for perpetrators. Corporal punishment is banned in schools, and there were no reported incidents in monasteries. Reports of child abuse were rare.

Early and Forced Marriage: The statutory minimum age of marriage for both men and women is 18. Statistics from the 2010 BMIS (the latest available) indicated that 31 percent of marriages occurred before age of 18 and 7 percent before age of 15. In 2010, 15 percent of girls and young women between the ages of 15 and 19 were either married or in a civil union. The National Health Survey of 2012 found that 24 percent of girls and young women between the ages of 10 and 24 were married or in a civil union, of which 3.7 percent were adolescents (age 10-19). The average age for a first pregnancy was reported between the ages of 20 and 22. While child marriage has become less common in urban areas, in remote villages there were reports of secret marriage ceremonies involving girls younger than 15. Child marriage took place in all regions, but the incidence was higher in the western and central areas of the country.

The government initiative Youth Friendly Health Services sought to prevent child marriage. It conducted community outreach and awareness campaigns to alert communities to the dangers of child marriage.

Sexual Exploitation of Children: The law prohibits sexual exploitation, including child p*rnography, child prostitution, the sale of children, and child trafficking. The legal age of consent is 16 for both boys and girls.

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’sAnnual Report on International Parental Child Abductionatwww.travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

The country does not have a Jewish population, and there were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution specifically protects the rights of citizens with disabilities. Legislation directs the government to attend to the security of all citizens in the “event of sickness and disability.” The law stipulates that new buildings be constructed to allow access for persons with disabilities, but the government did not enforce this legislation consistently. There were reports that hospitals were generally accessible to persons with disabilities, but residential and office buildings were not.

Under the Disability Prevention and Rehabilitation Program, the government seeks to provide medical and vocational rehabilitation for persons with all types of disabilities, promote integration of children with disabilities in schools, and foster community awareness and social integration. There was no government agency specifically responsible for protecting the rights of persons with disabilities.

There were special-education institutes for students with disabilities, including the National Institute for the Disabled in Khaling, which educates children with vision disabilities, and an education resource unit in Paro for persons with hearing disabilities. Children with disabilities often attended mainstream schools although the resources needed to accommodate them varied among school districts. There also were special education facilities in Thimphu designed to meet the needs of children with physical and mental disabilities. Although there were no government-sponsored social welfare services available for persons with disabilities, the National Pension and Provident Fund granted benefits to such persons. Three NGOs, the Disabled Persons’ Association of Bhutan, Ability Bhutan Society, and Drakstsho Vocational Center for Special Children and Youth, seek to change the public perception of disability and assisting persons with disabilities and their families.

According to theBhutan Observer, in rural areas there was widespread discrimination against persons with disabilities, and some parents did not send children with disabilities to school.

National/Racial/Ethnic Minorities

Organizations in Nepal claimed that employers discriminated against Nepali-speaking Bhutanese seeking employment (see section 7.d.). The government claimed Nepali speakers were proportionally represented in civil service and government jobs.

English was the medium of instruction in all government schools. Dzongkha, the national language, was taught as an additional subject. Sharchopkha, Bumpthapkha, Khenkha, Nepali, and Tibetan were also spoken in the country. The UN Committee on the Rights of the Child expressed concern about the ability of minority children, specifically the Nepali-speaking minority, to maintain their cultural practices, observe their religion, or use their language.

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

The constitution guarantees equal protection of the laws and application of rights but does not explicitly protect individuals from discrimination for sexual orientation or gender identity. Laws against “sodomy or any other sexual conduct that is against the order of nature” exist. The penal code imposes penalties of up to one year in prison for engaging in prohibited sexual conduct. In response to recommendations to decriminalize same-sex sexual conduct during the country’s Universal Periodic Review, the government stated the law “has never been evoked since its enactment for same-sex acts between two consenting adults. These provisions can be reviewed when there is a felt need for it by the general population.”

The lesbian, gay, bisexual, transgender, and intersex (LGBTI) population has historically remained out of public view without an organized advocacy community. In 2014 several LGBTI groups established a public presence via social media. There were no NGOs in the country explicitly associated with LGBTI issues. There were no reports of violence directed against members of the LGBTI community although social bias occurred. In May, 13 LGBTI community members observed the International Day Against hom*ophobia, Biphobia and Transphobia (IDAHOT) and discussed their issues. An LGBTI community coordinator noted LGBTI Bhutanese continued to face stigmatization and discrimination. However, RENEW observed there had been a reduction in social stigma over the years.

A small transgender community existed, and transgender individuals faced social stigma although the community is gradually increasing its public visibility. The law does not provide any distinct legal status to transgender individuals, nor does it provide explicit protections.

HIV and AIDS Social Stigma

While NGOs claimed that there was no widespread HIV/AIDS-related stigma, observers noted that persons with HIV/AIDS did suffer from self-stigmatization and feared being open about their condition. One NGO, Lhak-Sam, was formed in 2010 and provides a network for persons with HIV/AIDS while working to reduce social stigma. Youth Development Fund, RENEW, and Chithuen Phendey Association work on this issue in collaboration with the Ministry of Health.

Persons with HIV/AIDS received free medical and counseling services, and the government maintained programs meant to prevent discrimination.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions. Workers can form a union with the participation of at least 12 employees from a single workplace. There is no national trade union. The law does not mention the right to conduct legal strikes. Most of the country’s workforce engages in agriculture, a sector that is not unionized.

The law provides for the right of workers to bargain collectively with employers. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity. Violators may face misdemeanor charges and be compelled to pay damages.

The government effectively enforced applicable laws. Resources, inspections, and remediation were adequate, and penalties for violations were sufficient to deter violations. The law grants workers the right to pursue litigation.

Freedom of association and the right to bargain collectively were respected although there were few employee unions. No unions were formed during the year.

The Ministry of Labor and Human Resources encouraged employee organization by conducting awareness-raising activities about employee rights during routine labor inspections. The government stated that associations of professional taxi drivers, truck drivers, and tour guides existed.

The Ministry of Labor and Human Resources, in itsAnnual Report 2015-2016, noted the areas of improvement on working conditions included an increase in the number of and conditions for labor inspectors.

The Ministry of Labor and Human Resources, in itsAnnual Report 2015-2016, noted that 24 labor inspectors conducted 2,434 inspections, issued 418 improvement and prohibition notices, and imposed 40 penalties. A total of 190 complaints were received, of which 185 resolved and five were pending at year’s end. Nature of complaints received ranged from nonpayment of wages, termination without notice, resignation without notice, nonpayment of benefits, and other issues.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor, and the government effectively enforced applicable laws. The law makes exceptions with regard to prison labor, work that might be required during an emergency, and work required for “important local and public” celebrations. The penal code criminalizes trafficking for illegal, but not exploitative, purposes. Violations of the labor law with respect to worst forms of child labor, forced and compulsory labor, improvement notice, prohibition notice, nonpayment of compensation, minimum age of admission into employment, employing foreigners without permit, and not complying with permits issued by the government are felonies subject to three to five years’ imprisonment. Resources, inspections, and remediation were adequate, and penalties were sufficient to deter violations.

Government officials acknowledged there may be forced labor among domestic servants working in private homes where the Ministry of Labor and Human Resources has no jurisdiction. Officials relied on citizens to report forced labor of domestics directly to the police. Government officials acknowledged the rise of cross border human smuggling through illegal agents.

Migrant workers from India who worked in the country’s construction and hydropower sectors and Indian women and girls who worked in domestic service or as caregivers were vulnerable to forced labor. Ministry of Labor and Human Resources noted there are approximately 54,000 migrant workers in the country, mostly from India. Young, rural citizens were transported to urban areas, generally by relatives, for domestic work, and some of these individuals were subjected to domestic servitude. There were unconfirmed reports that girls who worked as domestic servants and entertainers in “drayungs” (karaoke bars), were subjected to labor trafficking through debt and threats of physical abuse. The NAHRC conducted an investigation into “drayungs” and found no evidence of trafficking or forced labor.

Also see the Department of State’s annualTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 13 and the minimum age for hazardous work is 18. Children under the age of 18 are prohibited from working in dangerous occupations, including mining, construction, sanitary services, carpet weaving, or serving in bars. Under the Labor and Employment Act 2007, Section 9, on the prohibition of worst forms of child labor, violations are a felony offense with penalties ranging from with five to nine years’ imprisonment.

Labor inspectors operating under the Ministry of Labor and Human Resources generally enforced child labor laws effectively. Resources, inspections, and remediation were adequate, and penalties were sufficient to deter violations. Under the Labor and Employment Act 2007, Section 9 on the prohibition of worst forms of child labor, a person guilty of that offense would be punished with five to nine years of non-bailable imprisonment.

Children performed agricultural and construction work, completed chores on family farms, or worked in shops and restaurants after school and during holidays. Child labor also occurred in hotels and automobile workshops. Girls were employed primarily as domestic workers, where they were vulnerable to abuse and exploitation. An estimated 19.6 percent of children between the ages of five and 14 were engaged in some form of child labor in 2011, which are the most current statistics. The BMIS established that 18.4 percent of the labor force in 2010 consisted of children under the age of 18. The 2013 Labor Force Survey undertaken by the Ministry of Labor and Employment counted 53,436 children between the ages of five and 17 employed in some form of labor.

Also see the Department of Labor’sFindings on the Worst Forms of Child Laboratwww.dol.gov/ilab/reports/child-labor/findings/.

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination for employees and job applicants with respect to recruitment, dismissal, transfer, training, and demotion, but there were no distinctions of protected classes. The law also prescribes equal pay for equal work. In most cases, the government enforced these provisions. Employers who are convicted of discrimination are liable to pay a fine ranging from 360 to 1,080 times the daily national minimum wage (approximately $568 to $2,138). These penalties were generally sufficient to deter violations. Nepal-based organizations representing refugees claimed that Nepali-speaking Bhutanese were subject to discrimination with respect to employment and occupation (see section 6).

e. Acceptable Conditions of Work

The national minimum wage ranged from Nu 100 to Nu 125 ($1.58 to $1.98) per day. According to the government, all workers were above the minimum wage. The law defined the workday as eight hours per day with a one-hour lunch break, and employers were required to grant regular rest days. Work in excess of the legal workday must be paid at 1.5 times the normal rate. The official national poverty level was Nu 1,705 ($28) per month.

Occupational safety and health (OSH) standards are current and appropriate. Labor regulations grant workers the right to leave work situations that endanger their health and safety without jeopardy to their employment. All citizens are entitled to free medical care. At its expense the government transported persons who could not receive adequate care in the country to other countries (usually India) for treatment. Workers are eligible for compensation in the case of partial or total disability. Upon the death of a citizen, family members are entitled to compensation. The Ministry of Labor and Human Resources, in itsAnnual Report 2015-2016, noted monitoring of seven Health and Safety Committees was conducted and training on OSH imparted to 19 OSH Committees. An assessment of good OSH best practices was held for 55 committees of which 27 did not meet the standards.

The government generally enforced minimum wage, work hours, and occupational health and safety standards effectively in the formal sector. The law states that employers who fail to pay employees the correct amount of wages will be fined 90 times the national minimum wage for each violation (approximately $157). Employers who do not comply with work hours regulations will be fined 30 times the national minimum wage for the first violation (approximately $52), 90 times for the second violation (approximately $157), and 360 times for the third and each subsequent violation (approximately $630). Noncompliance with OSH standards is a felony and punishable by three to five years’ imprisonment. These penalties were generally sufficient to deter violations. The lack of sufficient labor inspectors was a problem. The government employed 25 labor inspectors appointed to posts in Thimphu and four permanent regional offices that were assisted by technical experts. The government also posted labor inspectors to field offices located at major construction sites such as hydropower plant projects. According to a 2012 Ministry of Labor and Human Resources report compiled with the assistance of the World Health Organization, there were insufficient labor inspectors to cover the country’s industries. In August five workers were buried in a landslide at the Mangdechu hydropower project when one side of the construction pit for the dam collapsed. The Ministry of Labor and Human Resources, in itsAnnual Report 2015-2016, noted a total of 60 accidents took place during the period, of which 24 were fatal, four led to complete disability, and 32 partial disability. Work place of accidents took place in the construction, hydropower, manufacturing and production, mining, and trading services sectors. Compensation was fully recovered in two cases, paid in three, under process in seven, partially done in one, partial payment in five, and there was no progress in three cases at year’s end.

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

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

Following the September 2015 attempt to seize power, RSP members shot and killed 14 protesters and bystanders, including two children. None of those killed was armed or posed any threat to security forces, according to Amnesty International.

On June 9, an investigative commission submitted its report on the killing of 28 persons and injuring of 625 in 2014 during protests against former president Blaise Compaore’s efforts to force a National Assembly vote to change presidential term limits. The report recommended the prosecution of 31 persons, including former president Compaore and former transition prime minister Yacouba Isaac Zida. Most of the others recommended for prosecution were former RSP members, but their identities had not been released by year’s end.

b. Disappearance

There were no reports of politically motivated disappearances.

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

The constitution and law prohibit such practices, and in 2014 the National Assembly adopted a law to define and prohibit torture and all related practices. Nevertheless, the nongovernmental organization (NGO) Burkinabe Movement for Human Rights and People reported that members of the security forces tortured, threatened, beat, and otherwise abused individuals (see section 1.a.).

For example, in April, Bokoum Salif, a 31-year-old driver in Dedougou arrested for stealing a computer at the house of the head of the local gendarme unit, died in gendarme custody. His relatives visited him while in custody and alleged after his death that he showed signs of physical abuse.

Prison and Detention Center Conditions

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

Physical Conditions: Authorities held pretrial detainees with convicted prisoners. Female prisoners had better conditions than those of men, in large part due to less crowding. Although regulations require the presence of a doctor and five nurses at the Ouagadougou Detention and Correction Center’s (MACO) health unit, only three nurses were on duty to treat detainees, and a doctor was present once a week. Prisoners’ diets were inadequate, and inmates often relied on supplemental food from relatives. Prison infrastructure throughout the country was decrepit. In MACO and other prisons, severe overcrowding exacerbated inadequate ventilation, although some cells had electricity and some inmates had fans. Sanitation was rudimentary.

On April 6, diplomatic representatives visited MACO to verify compliance with standards of detention and human rights. Their report cited overcrowding, malnutrition, sanitation, and health problems.

According to human rights organizations, deaths occurred in prisons and jails due to harsh conditions and neglect. Human rights activists estimated one or two inmates died monthly because of harsh prison conditions.

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

Physical abuse was a problem in many detention centers across the country. For example, human rights organizations alleged that in May gendarmes tortured and killed two suspects. Investigations in these cases had not led to any arrests or prosecution by year’s end.

Food, potable water, sanitation, heating, ventilation, lighting, and medical care were inadequate in the majority of detention facilities across the country, including the MACO. Conditions of detention were better for wealthy or influential citizens. For example, a former official charged with corruption reported he was held at MACO with other former officials charged with criminal offenses in an air-conditioned building that had refrigerators, televisions, and cooking facilities.

Administration: There were no reports prisons lost inmate files or authorities failed to investigate credible allegations of inhuman prison conditions.

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

Improvements: To deal with overcrowding, the government completed construction of a detention facility in Koupela and took action to improve living conditions throughout the prison system. With international donor support, the government built an outdoor recreation area at MACO and multipurpose recreation centers at other prison facilities. Authorities also initiated literacy and other programs for prisoners during the year.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, but security forces did not always respect these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police and municipal police, under the Ministry of Territorial Administration, Decentralization, and Internal Security, and the gendarmerie, under the same ministry as well as the Ministry of Defense, are responsible for internal security. The military, under the Ministry of Defense, is responsible for external security but sometimes assisted with missions related to domestic security. Use of excessive force, corruption, a climate of impunity, and lack of training contributed to police ineffectiveness. Inadequate resources also impeded police effectiveness.

The Military Justice Administration examines all cases involving killings by military personnel or gendarmes to determine whether they occurred in the line of duty or were otherwise justifiable. The administration refers cases deemed outside the line of duty or unjustifiable to civilian courts. Civilian courts automatically handle killings involving police. The gendarmerie is responsible for investigating abuse by police and gendarmes, but the results of their investigations were not always made public.

NGOs and the Ministry of Justice, Human Rights, and Civic Promotion conducted training activities on human rights for security forces. On April 14, the ministry held a workshop on civics and the promotion and protection of human rights for armed forces trainers. The ministry also organized a workshop for police and gendarmes on legal prohibitions against child trafficking, prostitution, and p*rnography.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

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

The law limits detention without charge for investigative purposes to a maximum of 72 hours, renewable for a single 48-hour period. Police rarely observed the law, and the average time of detention without charge (preventive detention) was one week. Once authorities charge a suspect, the law permits judges to impose an unlimited number of consecutive six-month preventive detention periods while the prosecutor investigates charges. Authorities often detained defendants without access to legal counsel for weeks, months, or even years before the defendant appeared before a magistrate. There were instances in which authorities detained suspects incommunicado.

Pretrial Detention: Authorities estimated 48 percent of prisoners nationwide were in pretrial status. In some cases authorities held detainees without charge or trial for longer periods than the maximum sentence for conviction of the alleged offense. A pretrial release (release on bail) system exists, although the extent of its use was unknown.

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

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, but the judiciary was corrupt, inefficient, and subject to executive influence, according to NGOs. There were no instances in which the outcomes of trials appeared predetermined, and authorities respected court orders. In April, following a strike organized by the magistrates’ union, the government increased magistrate salaries. Legal codes were outdated, there were not enough courts, and legal costs were excessive. Citizens’ poor knowledge of their rights further weakened their ability to obtain justice.

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

TRIAL PROCEDURES

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

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

POLITICAL PRISONERS AND DETAINEES

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

In October 2015 gendarmes arrested Leonce Kone, interim CDP president, and Hermann Yameogo, president of the National Union for Democracy and Development, for refusing to condemn the September RSP attempt to seize power. Authorities granted provisional release to Kone in July and released Yameogo in October.

On January 23, authorities arrested CDP President Eddie Komboigo and charged him with involvement in the preparation of the 2015 attempted putsch. Komboigo was granted provisional release in June for “medical reasons.”

CIVIL JUDICIAL PROCEDURES AND REMEDIES

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

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

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

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

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

a. Freedom of Speech and Press

The constitution and law provide for freedom of speech and press, and the government generally respected these rights. In September 2015 the government adopted a law decriminalizing press offenses. The law replaces prison sentences with penalties ranging from one million to five million CFA francs ($1,718 to $8,591). Some editors complained that few newspapers or media outlets could afford such fines.

Despite the advent of the 2015 law, journalists occasionally faced criminal prosecution for libel and other forms of harassment and intimidation.

Freedom of Speech and Expression: The law prohibits persons from insulting the head of state or using derogatory language with respect to the office. Individuals generally criticized the government without reprisal, but security forces arrested political leaders for their statements during the year (see sections 1.e. and 3).

Press and Media Freedoms: There were numerous independent newspapers, satirical weeklies, and radio and television stations, some of which strongly criticized the government. Foreign radio stations broadcast without government interference. Government media outlets–including newspapers, television, and radio–sometimes displayed a progovernment bias but allowed significant opposition participation in their newspaper and television programming. On June 17, the minister of communications stated that government-owned national television news broadcasts should begin with the activities of government officials and that journalists employed by government media should either support the government or resign. On July 21, the journalists’ union denounced the minister for his statement, and in September the journalists’ union launched strikes and demanded that the government end “intimidation and pressure.”

All media are under the administrative and technical supervision of the Ministry of Communications, which is responsible for developing and implementing government policy on information and communication. The Superior Council of Communication (CSC) monitored the content of radio and television programs, newspapers, and internet websites to enforce compliance with standards of professional ethics and government policy. The CSC may summon journalists and issue warnings for subsequent violations. Hearings may concern alleged libel, disturbing the peace, inciting violence, or violations of state security. On February 19, the CSC suspended private newspaperL’Evenementfor one month following its February 10 publication of information the CSC categorized as military secrets. On February 22,L’Evenementpublished a statement denouncing the CSC decision describing it as an attack on press freedom. The newspaper took the case to the Administrative Court of Ouagadougou; the court reversed the suspension.

Violence and Harassment: According to the Association of Burkina Journalists, on June 9, gendarmes threatened and verbally assaulted William Somda of BF1 Television, a private broadcasting company, as he was filming a peaceful event. The head of the gendarmerie apologized for the incident, but no disciplinary or judicial actions were taken against the gendarmes.

Censorship or Content Restrictions: In addition to prohibitions on insulting the head of state, the law also prohibits the publication of shocking images or material that demonstrates lack of respect for the deceased. Journalists practiced self-censorship. On February 26, police ordered the Burkina Information Agency to remove an article from the agency’s website that it considered offensive, entitled, “Fara: Bandits shut down police station before robbing it.” Police stated that the report was false and forced the agency to issue a denial of the story.

INTERNET FREEDOM

The government did not restrict access to the internet, although the CSC monitored internet websites and discussion forums to enforce compliance with regulations. According to the International Telecommunication Union, 11.4 percent of the population used the internet in 2015.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

The constitution and law provide for freedom of assembly, but the government did not always respect this right. Authorities sometimes banned or violently dispersed demonstrations.

For example, RSP soldiers used force, including gunfire, to disperse and prevent public gatherings following the September 2015 attempt to seize power (see section 1.a.) and during a 2014 popular uprising. In October 2015 an independent commission was created to investigate RSP use of force during the 2014 uprising. The commission cited more than 30 individuals, including former president Blaise Compaore and former prime minister Yacouba Isaac Zida, as responsible for RSP-inflicted injuries and homicides. Legal action had yet to be taken against the accused by year’s end.

Political parties and labor unions may hold meetings and rallies without government permission, although advance notification and approval are required for public demonstrations that may affect traffic or threaten public order. If a demonstration or rally results in violence, injury, or significant property damage, penalties for the organizers include six months’ to five years’ imprisonment and fines of between 100,000 and two million CFA francs ($172 and $3,436). These penalties may be doubled for conviction of organizing an unauthorized rally or demonstration. Demonstrators may appeal denials or imposed modifications of a proposed march route or schedule before the courts.

c. Freedom of Religion

See the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

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

PROTECTION OF REFUGEES

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. The Ministry of Women, National Solidarity, and Family, aided by the National Committee for Refugees (CONAREF), is the focal point for coordination of national and international efforts to assist 34,000 refugees in the country. The government assistance to Malian refugees totaled 240 million CFA francs ($412,371) during the year.

According to the ministry, following intercommunal conflict in Bouna, Cote d’Ivoire, 2,167 persons fled to Burkina Faso and took refuge in the southwestern province of Noumbiel. The government designated them as returnees, because the majority of them were Burkinabe citizens. The government provided them with an estimated 125 million CFA francs ($215,000) in food and other assistance.

In 2012 fighting resumed in northern Mali between government forces and Tuareg rebels, resulting in the flight of more than 250,000 Malians to neighboring countries, including Burkina Faso. According to UNHCR approximately 50,000 Malians–most of them Tuaregs and Arabs–fled across the border to Burkina Faso and registered with local authorities as displaced persons. Authorities granted all displaced persons from Mali prima facie refugee status, pending the examination of all applications individually. Authorities settled most of the refugees in Soum and Oudalan Provinces in the Sahel Region. The ministry, aided by CONAREF, was the government focal point to help coordinate all national and international efforts to assist more than 32,000 Malian refugees remaining in the country at year’s end. During the year the refugees received 240 million CFA francs ($412,371) in assistance from the government.

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

Elections and Political Participation

Recent Elections: Presidential and legislative elections were held in November 2015. On May 22, elections to replace municipal and regional councils dissolved by the transitional government in 2014 were held. Voter turnout was lower than usual. Voting did not occur in three of the 368 communes. In several areas of the country, the postelectoral selection process of mayors by municipal councils was marred by clashes among political party activists, resulting in at least three deaths and dozens of injuries in Karangasso and Kantchari. The government condemned the violence and promised swift judicial action. By year’s end no legal action was taken against anyone involved in the violence.

The April 2015 electoral code approved by the National Transitional Council (CNT) stipulates the exclusion of certain members of the former political majority. The code states that persons who “supported a constitutional change that led to a popular uprising” are ineligible to be candidates in future elections. In addition to exclusion from the 2015 legislative and presidential elections, a number of candidates were also excluded from the municipal elections in May. In April administrative courts rejected appeals filed by political opponents of the former ruling party against a number of its candidates.

Participation of Women and Minorities: There are no laws limiting the participation of women and members of minorities in the political process, and women and members of minorities did participate. Although the gender quota law requires political parties to name women to fill at least 30 percent of the positions on their candidate lists in legislative and municipal elections, no political party met this requirement during the municipal elections. Parties that did not comply with the law received only a portion of their electoral grants from the Ministry of Territorial Administration, Decentralization, and Internal Security. In contrast 39 of the 99 parties that participated in the November 2015 legislative elections adhered to the gender quota law.

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. Local NGOs criticized what they called the overwhelming corruption of senior civil servants. They reported pervasive corruption in the customs service, gendarmerie, tax agencies, national police, municipal police, public health service, municipal governments, education sector, government procurement, and the Ministry of Justice, Human Rights, and Civic Promotion. NGOs categorized procurement as the most corrupt government sector. They reported a lack of political will to fight corruption, citing the appointment by the current administration of individuals to higher positions who were previously the subjects of corruption cases.

Corruption: In June 2015 the Ouagadougou Court of Appeals sentenced former director of customs Ousmane Guiro to a two-year suspended prison term in connection with a 2012 corruption case involving 900 million CFA francs ($1.5 million). The court ordered the confiscation of Guiro’s assets and fined him 10 million CFA francs ($17, 182). The prosecutor appealed Guiro’s suspended sentence to the Court of Cassation, which accepted the case but had not brought it to trial by year’s end.

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

On June 28, the Higher Authority for State Control and the Fight against Corruption extended the requirement to declare assets to include government officials’ spouses and minor children. Infractions are punishable by a maximum jail term of 20 years and fines of up to 25 million CFA francs ($43, 000). The law also punishes persons who do not reasonably explain an increase in lifestyle expenditures beyond the 5 percent threshold set by regulation in connection to lawful income. Convicted offenders risk imprisonment for two to five years and a fine of five to 25 million CFA francs ($8,591 to $42,000). In April a law was passed limiting the value of a gift a government official could receive to 35,000 CFA francs ($60).

Public Access to Information: In August 2015 the CNT adopted a law establishing the right of access to public information and administrative documents. In the past, ministries generally did not respond to requests for information, citing national security and confidentiality.

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

Government Human Rights Bodies: The Office of the Ombudsman addresses citizen complaints regarding government entities, public institutions, and other bodies entrusted with a public service mission. The ombudsman, whom the president appoints for a nonrenewable five-year term and who may not be removed during the term, was generally viewed as effective and impartial. During 2014, the most recent year for which statistics were available, the office registered 560 complaints, approximately 59 percent of which it resolved.

The Ministry of Justice, Human Rights, and Civic Promotion is responsible for the protection and promotion of human and civil rights and conducts education campaigns for security force members to raise their awareness of human rights.

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

Women

Rape and Domestic Violence: In September 2015 the government passed the Law on the Prevention and Repression of Violence Against Women and Girls and Support for Victims. Conviction of rape is punishable by five to 10 years’ imprisonment, but the new law includes fines of 100,000 to 500,000 CFA francs ($172 to $859). Police generally investigated reports of rape, but victims often did not file reports due to cultural barriers and fear of reprisal. According to human rights NGOs, rape occurred frequently. Although authorities prosecuted rape cases during the year, no statistics were available on the number of cases reported or prosecuted. Several organizations–including Roman Catholic and Protestant missions, the Association of Women Jurists in Burkina Faso, the Association of Women, and Promo-Femmes (a regional network that worked to combat violence against women)–counseled rape victims.

Domestic violence against women occurred frequently, primarily in rural areas. For example, on April 13, a man killed his wife in the rural community of Dapelgo after accusing her of adultery. An outraged mob later killed the husband. According to the Inter-Parliamentary Union, 33.9 percent of women had experienced physical violence, committed in 68 percent of cases by their husbands. Victims seldom pursued legal action due to shame, fear, or reluctance to take their spouses to court. For the few cases that went to court, the Ministry of Justice, Human Rights, and Civic Promotion could provide no statistics on prosecutions, convictions, or punishment. There were no government-run shelters in the country for victims of domestic violence, but there were counseling centers in each of the 13 regional “Maison de la Femme” centers. In Ouagadougou the Ministry of Women, National Solidarity, and Family assisted victims of domestic violence at four centers. The ministry sometimes provided counseling and housing for abused women.

The ministry has a legal affairs section to educate women on their rights, and several NGOs cooperated to protect women’s rights. The ministry organized a number of workshops and several sensitization campaigns to inform women of their rights. According to the ministry, more than 5,800 persons received instruction on women’s and family rights and combatting domestic violence, including 60 radio journalists and 60 judiciary police who also received instruction on caring for victims of domestic violence and documenting their cases.

The law makes conviction of “abduction to impose marriage or union without consent” punishable by six months to five years in jail. Conviction of sexual abuse or torture or conviction of sexual slavery is punishable by two to five years in prison. Conviction of the foregoing abuses may also carry fines of 500,000 to one million CFA francs ($859 to $1,718).

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

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C, but it was practiced widely, particularly in rural areas, and usually performed at an early age. According to UN Children’s Fund (UNICEF) statistics from 2013, the incidence of FGM/C fell 27.5 percent in the 12 years preceding the report. Seventy-six percent of girls and women between ages 15 and 49 and 13 percent of girls under age 15 reported being subjected to FGM/C, however. Perpetrators, if convicted, are subject to a fine of 150,000 to 900,000 CFA francs ($258 to $1,546) and imprisonment of six months to three years–or up to 10 years if the victim dies. Despite the high incidence of FGM/C, according to UNICEF, authorities received only 72 reports of FGM/C in 2015 and 13 reported cases through September of the year.

Security forces and social workers from the Ministry of Women, National Solidarity, and Family arrested several FGM/C perpetrators and their accomplices, some of whom were serving prison sentences at year’s end. According to the ministry, all victims were minors ages 18 months to eight years. The ministry collaborated with security forces on a multidimensional approach. This included financial support to the security forces for the investigation and arrest of FGM/C perpetrators and training in educative and dissuasive enforcement techniques.

For example, in July police in Ouagadougou arrested a woman and man for FGM/C of a girl age six. A religious leader who allegedly encouraged the parents to perform FGM/C and an accomplice involved in the crime remained at large at year’s end.

Through the National Committee for the Fight against Excision, the government conducted awareness campaigns, training, and programs to identify and support FGM/C victims. It operated a toll-free number to report FGM/C cases. Through regional committees to combat excision, it worked with local populations to end FGM/C. These committees included representatives of government ministries, police, the gendarmerie, and local and religious leaders. The government also integrated FGM/C prevention in prenatal, neonatal, and immunization services at 35 percent of public health facilities. Government measures taken during the year to combat FGM/C included: the establishment of mobile courts in Tuy Province to try persons accused of FGM/C; creation of a public education Facebook page; distribution to public and private health centers of 322 treatment kits; training 164 Ministry of Education and Literacy officials on ending FGM/C; establishing five high school social networks to address FGM/C in Houet, Kadiogo, and Sanmatenga Provinces; and holding an international day of “zero tolerance for FGM/C.”

Other Harmful Traditional Practices: The law makes the conviction of physical or moral abuse of women or girls accused of witchcraft punishable by one to five years in prison and/or a fine of 300,000 to 1.5 million CFA francs ($515 to $2,577). Elderly women without support, living primarily in rural areas and often widowed, sometimes were accused of witchcraft by their neighbors and banned from their villages. Villagers accused such women of “eating” the soul of a relative or a child. Victims seldom took legal action due to fear of repercussions to their families and sought refuge at centers run by governmental or charitable organizations in urban centers. For example, on May 16, in the village of Pilimpikou (Passore Province), three elderly persons were accused of witchcraft involving the death of a young man. Seventy elderly persons fled the village for safety. Although some of the victims sought assistance from authorities, many that fled remained unable to return at year’s end. An estimated 600 elderly persons accused of witchcraft were lodged in 13 solidarity centers nationwide. Actions taken by the government to protect elderly persons accused of witchcraft included financial support of 111 million CFA francs ($191,000) and the organization of a national campaign against the social exclusion of persons accused of witchcraft.

Sexual Harassment: The law provides for sentences of three months to one year in prison and a fine of 300,000 to 500,000 CFA francs ($515 to $859) for conviction of sexual harassment; the maximum penalty applies if the perpetrator is a relative, in a position of authority, or if the victim is “vulnerable.” The government was ineffective in enforcing the law, in large part because many considered sexual harassment culturally acceptable. There were no statistics available on the number of cases reported, prosecutions, or convictions.

Reproductive Rights: The law entitles couples and individuals to decide freely and responsibly the number, spacing, and timing of their children free from discrimination, coercion, or violence, but persons often lacked the information and means to exercise these rights. Government and private health centers were open to all women and offered reproductive health services, skilled medical assistance during childbirth (essential obstetric and postpartum care), and diagnosis and treatment of sexually transmitted diseases. Remote villages, however, often lacked these facilities or did not have adequate transportation infrastructure to permit easy access.

According to the 2010 Demographic and Health Survey, 95 percent of women received prenatal care from skilled personnel, and skilled personnel attended 67 percent of births. The UN Population Division estimated that 17.8 percent of girls and women ages 15 through 49 used a modern method of contraception. Cultural norms that left decisions regarding birth control to husbands contributed to the limited use of contraceptives. The World Health Organization attributed the maternal mortality ratio of 371 per 100,000 live births in 2015 to lack of access to health care in rural areas. Amnesty International reported maternal deaths also resulted from inadequate training of health-care workers. Emergency health care, including services for the management of complications arising from abortion, were generally available in urban areas but often not in rural areas.

Discrimination: Although the law generally provides the same legal status and rights for women as for men–including under family, labor, property, and inheritance laws–discrimination frequently occurred. Women occupied a subordinate position in society and often experienced discrimination in education, jobs, property ownership, access to credit, management or ownership of a business, and family rights. Labor laws provide that all workers–men and women alike–should receive equal pay for equal working conditions, qualifications, and performance. Women nevertheless generally received lower pay for equal work, had less education, and owned less property. The law permits polygyny, but a woman must agree to it prior to marriage. A wife may oppose further marriages by her husband if she provides evidence he abandoned her and their children. Each spouse may petition for divorce, and the law provides for granting custody of a child to either parent, based on the child’s best interest. Mothers generally retained custody of their children until age seven, at which time custody reverted to the father or his family.

Women represented approximately 45 percent of the labor force in the formal sector and were primarily concentrated in low-paid, low-status positions. Although the law provides equal property and inheritance rights for women and men, land tenure practices emphasized family and communal land requirements more than individual ownership rights. As a result authorities often denied women the right to own property, particularly real estate. This condition was exacerbated by the fact that the law defined 75 percent of marriages as common-law unions (with only a religious or traditional ceremony) and not legally binding. For example, in rural areas land owned by a woman becomes the property of the family of her husband after marriage. Many citizens, particularly in rural areas, held to traditional beliefs that did not recognize inheritance rights for women and regarded a woman as property that could be inherited upon her husband’s death.

The government conducted media campaigns to change attitudes toward women. The Ministry of Women, National Solidarity, and Family is responsible for increasing women’s awareness of their rights and worked to facilitate their access to land ownership. The government sponsored a number of community outreach efforts and awareness campaigns to promote women’s rights. For example, the ministry organized an information and education session on combatting gender inequalities and disparities in the education system for approximately 160 teachers in public and private schools in the Center North, Center South, Center West, and Sahel regions.

Children

Birth Registration: Citizenship derives either by birth within the country’s territory or through a parent. Parents generally did not register many births immediately, particularly in rural areas, where registration facilities were few, and parents were often unaware of the requirement to register. Lack of registration sometimes resulted in denial of public services, including access to school. To address the problem, the government periodically organized registration drives and issued belated birth certificates.

Child Abuse: Authorities tolerated light corporal punishment, and parents widely practiced it. The government conducted seminars and education campaigns against child abuse. The penal code mandates a one- to three-year prison sentence and fines ranging from 300,000 to 900,000 CFA francs ($515 to $1,546) for conviction of inhuman treatment or mistreatment of children.

The government did not effectively enforce the law. For example, the Ministry of Women, National Solidarity, and Family had a toll-free number to enable persons to report cases of violence against children anonymously. At year’s end, 6,652 calls were received. None of these calls led to an arrest or prosecution.

Early and Forced Marriage: The legal age for marriage is 17 for girls and 20 for boys, but early and forced marriage was a problem. According to UNICEF, 10 percent of women ages 20 to 24 were married or in a union before age 15, and 52 percent were married before age 18; 55 percent of girls ages 12 to 14 were victims of early marriage in the Sahel region, and 67 percent of girls married before age 18 as compared with 17 percent of boys. The law prohibits forced marriage and prescribes penalties of six months to two years in prison for violators, and a three-year prison term if the victim is under age 13. There were no reports of prosecutions during the year. A government toll-free number allowed citizens to report forced marriages.

The Ministry of Women, National Solidarity, and Family initiated a cooperative program to prevent early marriage during the year involving state services, financial and technical partners, NGOs, and other civil society associations. As part of the ministry’s national strategy to promote the elimination of early marriage and the three-year action plan, 300 traditional, religious, and community leaders from 10 provinces of the East, Boucle du Mouhoun, and Sahel regions received training on fighting early marriage, and 300 scholarships were provided to victims or children at risk of early marriage in these regions.

According to media reports, the traditional practice persisted of kidnapping, raping, and impregnating a virgin minor girl and then forcing her family to consent to her marriage to her violator. For example, in May a girl age 14 was reportedly kidnapped and raped by her father’s cousin in the village of Potiamanga in the East region. At year’s end police had yet to locate her or her abductor. The victims of this practice seldom report their cases due to fear of persecution by the perpetrators.

Female Genital Mutilation/Cutting (FGM/C): See section 6, Women.

Sexual Exploitation of Children: The law provides penalties for conviction of child prostitution or child p*rnography of five to 10 years’ imprisonment, a fine of 1.5 to three million CFA francs ($2,577 to $5,155), or both. The minimum age of consensual sex is 15. In 2014 the National Assembly enacted a law criminalizing the sale of children, child prostitution, and child p*rnography. There were no government statistics on child prostitution, but government services and human rights associations believed it was a problem. According to a 2014 study conducted by the international NGO End Child Prostitution, Child p*rnography, and Trafficking of Children for Sexual Purposes, there were at least 243 children exploited in commercial sex, among whom 63 percent were Burkinabe. Children from poor families were particularly vulnerable to sex trafficking. According to the study, the average age for girls in prostitution was 16–most of the victims worked in bars where they were subjected to prostitution as part of their duties.

Infanticide or Infanticide of Children with Disabilities: The law provides for a sentence of 10 years’ to life imprisonment for infanticide. No statistics were available on the number of cases reported or prosecuted during the year. Newspapers, however, reported several cases of abandonment of newborn babies. For example, on April 14, a woman reportedly left her newborn infant on a street in Kilwin (a district of Ouagadougou) where it was dead when discovered. National police investigated the incident but made no arrest.

Displaced Children: There were numerous street children, primarily in Ouagadougou and Bobo-Dioulasso. Many children ended up on the streets after their parents sent them to the city to study with an unregistered Quranic teacher or to live with relatives and go to school. According to the Ministry of Women, National Solidarity, and Family, 6,427 children lived on the streets during the year. Ministry action to contain the increase in children living on the streets and to achieve their social reintegration included implementation of an education and protection action strategy. According to the ministry, it removed 300 children living on the streets and reintegrated them through its reinforcement and social protection project.

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’sAnnual Report on International Parental Child Abductionattravel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

There was no known Jewish community. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, air travel and other transportation, access to health care, the judicial system, or the provision of other government services, but the government did not effectively enforce these provisions. There is legislation to provide persons with disabilities less costly or free health care and access to education and employment. The law also includes building codes to provide for access to government buildings. Authorities did not implement all of these measures effectively.

Persons with disabilities encountered discrimination and reported difficulty finding employment, including in government service. Exacerbating these problems was the common societal perception that persons with disabilities should be under the care of their families and not in the labor force.

The Multisectorial National Council for the Promotion and Protection of Persons with Disabilities is composed of 76 members from different ministries, NGOs, and civil society organizations. During the year the council organized workshops on the rights of persons with disabilities in two regions of the country. It also organized a workshop to review the African Charter of Human and Peoples’ Rights and to amend it to address more fully the rights of persons with disabilities. Government-owned television provided newscasts in sign language for persons with hearing disabilities.

The government had limited programs to aid persons with disabilities, but NGOs and the National Committee for the Reintegration of Persons with Disabilities conducted awareness campaigns and implemented integration programs. High commissioners, teachers, and NGOs worked together to inform citizens about the rights of persons with disabilities, specifically the rights of children with disabilities. A number of NGOs provided vocational training and equipment to persons with disabilities.

The government continued to arrange for candidates with vision disabilities to take the public administration recruitment exams by providing the tests in Braille. Additionally, authorities opened specific counters at enrollment sites to allow persons with disabilities to register more easily for public service admission tests.

The Ministry of Women, National Solidarity, and Family provided 90 million CFA francs ($154,639) to 600 persons with disabilities in financial support and donated wheelchairs and other mobility devices valued at 75 million CFA francs ($128,866) to 586 persons with disabilities. The ministry also assisted in the registration and financial support of 100 young persons with disabilities in professional training schools.

National/Racial/Ethnic Minorities

Longstanding conflicts between Fulani herders and sedentary farmers of other ethnic groups sometimes resulted in violence. Herders commonly triggered incidents by allowing their cattle to graze on farmlands or farmers attempting to cultivate land set aside by local authorities for grazing. The number of such incidents averaged 700 yearly between 2005 and 2011 but dropped significantly after 2012, according to the Ministry of Animal and Hydraulic Resources. According to the ministry, government efforts at dialogue and mediation contributed to the decrease. Conflict between ethnic groups also occurred because of disputes regarding the designation of local traditional chiefs. For example, on June 20, violence erupted between the residents of Kougri and Dawaka in the Central region following the enthronement of a traditional chief. According to media reports, one person was killed, more than 10 were injured, and property was destroyed during the violence.

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

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

The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the LGBTI community.

LGBTI organizations had no legal status in the country but existed unofficially. The Ministry of Territorial Administration, Decentralization, and Internal Security did not approve repeated requests by LGBTI organizations to register, and it provided no explanation for the refusals. There were no reports of government or societal violence against such organizations, although incidents were not always reported due to stigma or intimidation.

HIV and AIDS Social Stigma

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

Other Societal Violence or Discrimination

Vigilante groups across the country operated detention facilities. Media reported cases of torture and killing that took place in these facilities. For example, on May 10, a suspected thief named Moussa Boly and three of his comrades were detained by a local vigilante group in the village of Benwourgou. Boly’s remains were found the following day, and police stated there were signs he had been tortured. Authorities had not arrested or charged anyone for the killing by year’s end.

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

The law provides for freedom of association and collective bargaining. The government effectively enforced the law. The law listed sanctions for violations, including warnings, penalties, suspension, or dissolution. Penalties consist of imprisonment and fines and vary depending on the gravity of the violation. In October 2015 the CNT adopted amendments to the law. The amendments award a legal existence to labor unions of NGOs, create a commission of mediation, and require that associations abide by the law concerning funding terrorism and money laundering. The law also states that no one may serve as the head of a political party and the head of an association at the same time.

Despite limitations on the right to strike, the government generally respected freedom of association and the right to collective bargaining. Private-sector employers did not always respect freedom of association, especially in the gold mining sector.

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

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

There were no reports of government restrictions on collective bargaining during the year. There was extensive collective bargaining in the formal wage sector, but this sector included only a small percentage of workers. Employers sometimes refused to bargain with unions. In the private sector, particularly in mining and other industries, employers’ use of subcontracting made it difficult to enforce worker rights systematically.

b. Prohibition of Forced or Compulsory Labor

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

See the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

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

The law prohibits the worst forms of child labor, including the commercial sexual exploitation of children, child p*rnography, and jobs that harm the health of a child. The government was implementing the National Action Plan (NAP) to combat the worst forms of child labor and to reduce significantly exploitative child labor. In 2015 the CNT adopted a revised mining code that includes new provisions prohibiting child labor in mines. The amendment establishes a penalty of two to five years in prison and a fine of five million CFA francs ($8,200) to 24 million CFA francs ($41,000) for violators. Antitrafficking legislation provides penalties of up to 10 years for violators and increases maximum prison terms from five to 10 years. The law also provides terms as long as 20 years’ to life imprisonment under certain conditions.

The NAP against the worst forms of child labor coordinated the efforts of several ministries and NGOs. Its goals included greater dissemination of information in local languages, increased access to services such as rehabilitation for victims, revision of the penal code to address the worst forms of child labor, and improved data collection and analysis. During the review period, the National Coordination Committee adopted a monitoring tool to aid in data collection and analysis. The country enacted a law in 2014 to criminalize the sale of children, child prostitution, and child p*rnography.

Punishment for violating child labor laws includes prison terms of up to five years and fines of up to 600,000 CFA francs ($1,031). The government did not consistently enforce the law. The Ministry of Civil Service, Labor, and Social Security, which oversees labor standards, lacked sufficient inspectors, transportation, and other resources to enforce worker safety and minimum age laws. No data were available on number of prosecutions and convictions during the year.

The government organized workshops and conferences to inform children, parents, and employers of the dangers of exploitative child labor.

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

Children also worked in the mining, trade, construction, and domestic labor sectors. According to a 2012 UNICEF study, more than 20,000 children between ages eight and 18 worked at gold mining sites as servants, gold washers, or diggers. Some children, particularly those working as cattle herders and street hawkers, did not attend school. Many children under age 15 worked long hours. A study by the International Labor Organization reported that children working in artisanal mining sometimes worked six or seven days a week and up to 14 hours per day. Street beggars often worked 12 to 18 hours daily. Such children suffered from occupational illnesses, and employers sometimes physically or sexually abused them. Child domestic servants earned from 3,000 to 6,000 CFA francs ($5 to $10) per month and worked up to 18 hours per day. Employers often exploited and abused them. Criminals transported Burkinabe children to Cote d’Ivoire, Mali, and Niger for forced labor or sex trafficking.

Also see the Department of Labor’sFindings on the Worst Forms of Child Laboratwww.dol.gov/ilab/reports/child-labor/findings/.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation based on race, color, sex, religion, political opinion, social origin, gender, disability, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status. Penalties for conviction of violations range from 50,000 to one million CFA francs ($86 and $1,718). The government did not effectively enforce the laws and regulations. Discrimination occurred based on the above categories with respect to employment and occupation. The government took few actions during the year to prevent or eliminate it.

By law persons with disabilities may receive a disability card allowing them to benefit from lower health-care costs and access to education and employment. The law also includes building codes to provide for their access to government buildings. The government did not consistently enforce these rights. Discrimination in employment and occupation occurred with respect to persons with disabilities and persons with HIV/AIDS (see section 6). The government took some actions during the year to prevent or eliminate discrimination with respect to employment and occupation. These actions included distribution across the country of copies of the law dealing with the protection of persons who are HIV-positive, education of the population against discrimination against workers and students, and psychological support to HIV-positive persons through hospital visits.

e. Acceptable Conditions of Work

The law mandates a minimum monthly wage of 32,218 CFA francs ($55) in the formal sector, which does not apply to subsistence agriculture or other informal occupations. Approximately 46 percent of the population lives below the poverty line. Poverty remained higher in rural areas. Compared to the poverty income level, the minimum wage was insufficient.

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

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

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

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

These standards were not effectively enforced. The Labor Inspector Corps, which according to the latest figures employed 155 inspectors and 133 controllers, lacked sufficient resources, including offices and transport. There were no reports of effective enforcement of inspection findings during the year.

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

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

There were several reports security force members committed arbitrary and unlawful killings through excessive use of force in the execution of official duties, as a result of personal grievances, or through torture or other abuse of detainees. A June report by Amnesty International (AI) documented the deaths of six persons in custody following torture or mistreatment and the deaths of an additional four individuals in custody whose cause of death was unknown. Civil society organizations and newspapers generally blamed members of the three primary security forces–the Rapid Intervention Battalion (BIR), the Motorized Infantry Battalion, and the gendarmerie–as being responsible for the deaths.

On March 25, Moupen Moussa, a motorbike rider, allegedly died at a Secretary of State for Defense (SED) detention facility after gendarmes severely beat him for failing to produce his national identity card. According to reports, Moussa and another motorbike rider were returning from work late at night when a gendarme from the joint control unit stopped them and asked for identification. The officer physically abused Moupen and took the two to an SED facility, where gendarmes allegedly stripped them and beat them with a belt and baton. The gendarmes eventually released the second man after Moupen died. As of April 5, the responsible gendarmerie officer was allegedly in custody awaiting trial.

The terrorist network Boko Haram continued killing civilians, including members of vigilance committees and members of defense and security forces in the Far North Region. As of September 30, Boko Haram carried out at least 113 attacks in the Far North Region, which killed at least 262 civilians, 30 vigilance committee members, and at least six soldiers. There were numerous examples of abuses, such as the following: on January 13, a suicide bomber killed 13 during prayers at the Kouyape mosque, Kolofata subdivision, in the Far North Region.

Some abuses committed in 2014 and 2015 became public during the year. According to AI’s June report, at least five of the 15 men arrested and brought to the Salak military base following a raid in Bornori in November 2014 died in custody, some as a result of torture inflicted by the BIR.

b. Disappearance

There were no reports of politically motivated disappearances. Nevertheless, there continued to be reports of arrests and disappearances of individuals by security forces in the Far North Region. In its June report, AI reconfirmed earlier reporting that since December 2014 at least 130 individuals arrested in Magdeme and Double remained unaccounted for. As of September 30, there was no news of the whereabouts of most of them. In its 2016 report, AI stated it had documented 17 additional cases of suspected enforced disappearances of persons accused of supporting Boko Haram committed by security forces in the Far North Region between April 2015 and February. As of June AI had not received a response to requests submitted to authorities about their whereabouts.

Boko Haram insurgents kidnapped civilians, including women and children, during numerous attacks in the Far North Region. Some of the victims remained unaccounted for.

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

Although the constitution and law prohibit such practices, there were reports that security force members tortured, beat, harassed, or otherwise abused citizens. According to credible nongovernmental organizations (NGOs), soldiers, police, and gendarmes tortured persons inside and outside detention facilities. Police, gendarmerie, and BIR officials reportedly detained and tortured persons in temporary holding cells in police, gendarmerie, and BIR facilities, and in cells located at the Directorate General for External Research (DGRE).

Police reportedly tortured detainees. For example, on February 4, Eyebe Levodo died while in detention at the legal department of the court of first instance in Yaounde. According to newspaper and NGO reporting, members of the regional delegation of judicial police arrested Eyebe on January 30 in the Yaounde neighborhood of Tongolo on suspicion of membership in a criminal gang. Police officers detained Eyebe on February 4 and referred him to the public prosecutor, a few hours prior to his death. At the mortuary of Yaounde central hospital, observers reported seeing bruises on his neck, wrists, shoulders, arms, ankles, and legs. In addition, they noticed Eyebe’s mouth was swollen and there were other injuries to the head and other parts of the body, in addition to many other signs of trauma. The victim’s sister allegedly told a journalist fromKalaraweekly newspaper she received a telephone call from her brother who claimed that he had suffered horrific violence and that police used force to extort information from him. The public prosecutor opened an investigation shortly after the death. As of year’s end, there was no publicly available update on the investigation.

On May 28, in Nom-Kandi, Ngan-Ha subdivision, Adamawa Region, four members of the fifth BIR tortured to death two young men named Abdou and Moussa. According to reports, villagers witnessed the torture but did not intervene because the soldiers were armed. The incident occurred after a woman accused Moussa of stealing 5,000 CFA francs ($9). Four BIR soldiers rushed to the suspect’s residence, where they found him and Abdou. Moussa allegedly acknowledged the theft but pointed out that Abdou was not involved. The soldiers ordered both of them to get down on their knees and beat them. After Abdou and Moussa died, regional authorities, including the governor, confirmed the incident and claimed they had ordered an investigation. No information was released as of year’s end.

AI’s July report documented 29 cases of torture at the BIR military bases in Salak and Mora and at the headquarters of the DGRE in Yaounde. For example, Radio France International journalist Ahmed Abba was stripped and beaten while detained at the DGRE. Fifteen men arrested in Bornori were brought to Salak, where many of them were tortured and one died; four others later died in custody in Maroua prison. Other torture victims documented by AI described being beaten for long periods with sticks, whips, and machetes and stomped with boots, often with their hands tied behind their backs, as well as being slapped and kicked. AI documented the cases of six persons who died in custody following such torture.

Other government employees, including one teacher, abused children with disabilities placed under their custody (see section 6). During the year Mbuaye Manga Emmanuel, a staff member of the Bulu Rehabilitation Institute for the Blind in Buea, allegedly raped a dozen children with vision disabilities at the center. According to credible organizations, both public and nongovernmental, the victims were boys and girls ages seven to 17. They told police on May 28 Mbouehe had been sexually abusing them since 2014 and on several occasions he had forceful anal intercourse with them. Children said they had informed the director of the center, Jerome Nkwelle Ewang, but he did not act to help them. According to reports, barrister Mfontem Ozongashu eventually uncovered the abuses and filed a criminal complaint against the perpetrator with consent of the victims’ parents. Preliminary investigations suggested the director helped the offender escape. The prosecutor remanded the director in custody for alleged complicity but granted him bail a few days later, and Ewang was able to resume work. As of September 10, the case was still open.

The United Nations announced in March that in 2015 there were 69 allegations of sexual abuse by peacekeepers in 10 peacekeeping missions around the world. At least one of these was committed by a Cameroonian peacekeeper in the Central African Republic (CAR). Reportedly new Cameroonian peacekeepers are required to sign individual commitment forms not to engage in sexual abuse as proof of the government’s resolve in ensuring missions are carried out in good conditions, but their binding nature under the law remained unclear.

Prison and Detention Center Conditions

Prison conditions remained harsh and potentially life threatening due to gross overcrowding, inadequate food and medical care, and poor sanitary conditions.

Physical Conditions: Overcrowding was pervasive in most prisons, especially in major urban centers. Officials held prisoners in dilapidated, colonial-era prisons, where the number of inmates was as much as four to five times the intended capacity. Sanitation, food, and medical care were wholly inadequate. Authorities stated sick persons were detained separately from the general population; this was often not the case.

In January the country’s prisons, which had an intended capacity of 17,000, held 27,997 inmates, according to the Ministry of Justice. Prisons in the Centre Region, with an intended capacity of 4,270, held 7,304 inmates. Those in the Littoral Region with a designed capacity for 1,550 held 4,250, while prisons in the North Region with a combined capacity of 1,300 held 2,776 inmates. At the individual prison level, for example, the Yaounde Kondengui Central Prison, with an intended capacity of 1,500, held 4,210 inmates; Maroua Central Prison, with an intended capacity of 400 inmates, held 1,486; and the Garoua Central Prison, with an intended capacity of 500, held 1,758 inmates.

Prisons generally had separate wards for men, women, and children. Unlike in previous years, there were no reported cases of officials routinely holding women in police and gendarmerie facilities with men.

As in 2015 physical abuse by prison guards and prisoner-on-prisoner violence were problems. In addition, “disciplinary cells” were often used to enforce discipline. Prison overcrowding led to a riot in one prison. According to media outlets and NGOs, on March 12-13, inmates of Garoua Central Prison launched a protest that developed into a mutiny. The prisoners were reportedly protesting life-threatening overcrowding, as there were nearly 2,000 inmates in the 500-capacity prison. Prisoners denounced lack of potable water and other inhuman conditions. Some detainees besieged the main prison courtyard and refused to return to their cells because of excessive heat and poor ventilation. The protest allegedly became violent when security force members attempted to return forcibly the prisoners to their cells. Three inmates died, according to official sources, and more than 40 wounded.

Overall, the quantity and quality of medical care, hygiene, and medicines was inadequate. Disease and illness were widespread, and sick inmates were not systematically and promptly separated from the general population due to lack of facilities. Malnutrition, tuberculosis, bronchitis, malaria, hepatitis, scabies, and numerous other untreated conditions, including infections, parasites, dehydration, and diarrhea, were rampant. In the Buea Central Prison, for instance, the infirmary contained four beds and a staff of four, including a doctor, a nurse, an assistant nurse, and a lab technician, some of whom were also expected to provide services to other prisons. Potable water and food were inadequate. Prisoners generally had one meal a day, and officials expected prisoners’ families to provide additional food. There were reports of detainees using buckets as latrines in some temporary holding cells within police or gendarme facilities.

Corruption among prison personnel was reportedly widespread. Visitors were forced to bribe wardens to access inmates, and prisoners bribed wardens for special favors or treatment, including temporary freedom, beds, and transfers to less crowded areas of the prisons. Due to inability to pay fines, some prisoners remained imprisoned after completing their sentences or receiving court orders of release.

Many citizens in the North and Far North Regions turned to traditional chiefs for dispute resolution. In contrast with previous years, there were no reports of persons held in private detention facilities. There were, however, reports of the use of unofficial military detention facilities in the Far North Region, including on the BIR bases at Salak and Mora.

Administration: Recordkeeping on prisoners remained inadequate, especially in holding cells at police and gendarmerie premises where detainees often were not registered. Independent authorities often investigated credible allegations of inhuman conditions. Visitors needed formal authorization from the state counsel, failing which they had to bribe prison staff to communicate with inmates. In addition visits to Boko Haram suspects were highly restricted. Some detainees were held far from their families, reducing the possibility of visits.

Independent Monitoring: The government permitted international humanitarian organizations access to prisoners in official prisons; observers did not have access to prisoners held in unofficial military detention facilities. The National Commission on Human Rights and Freedoms and NGOs, including the Commission for Justice and Peace of the Catholic Archdiocese, made infrequent unannounced prison visits. The government continued to allow the International Committee of the Red Cross to make more regular prison visits. As in 2015 there were no reports human rights activists attempting to visit prisoners were required to pay bribes to prison officials.

Improvements: On July 12, the president enacted a law to amend the existing penal code, providing for alternatives to detention, including community service and reparative sentences to reduce prison overcrowding. Under the amended penal code, a person convicted of an offense punishable by a maximum of two years or a fine may be allowed to work for a public entity or compensate victims as alternatives to incarceration. Human IS Right, a Buea-based civil society organization, in partnership with Operation Total Impact, implemented a formal education and reformation education program in Buea and Kumba principal prisons.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention. The law states that, except in the case of an individual discovered in the act of committing a felony or misdemeanor, the officials making the arrest shall disclose their identity and inform the person arrested of the reason. The law also provides that persons arrested on a warrant shall be brought immediately before the examining magistrate or the president of the trial court who issued the warrant, and that the accused persons shall be given reasonable access to contact their family, obtain legal advice, and arrange for their defense. The government occasionally did not respect these provisions.

There were several reports the government arbitrarily arrested and detained innocent citizens. In April, 63 individuals, including leading members of the opposition, were detained until late into the evening without charge, and at least one senior member of an opposition party sustained injuries from police handling. Government officials unofficially accused them of rebellion and inciting revolt, reportedly for organizing a campaign to wear black and distributing pamphlets. In October, 54 opposition members were again arrested at a political party meeting and detained for more than eight hours without being informed of the reason for their detention.

AI’s July report indicated arbitrary arrests and detentions continued on a large scale in the Far North Region, and even the basic legal safeguards concerning arrest and detention were rarely respected.

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police, DGRE, Ministry of Defense, Ministry of Territorial Administration, and, to a lesser extent, Presidential Guard, are responsible for internal security. The Ministry of Defense–which includes the gendarmerie, army, and the army’s military security unit–reports to an office of the Presidency, resulting in strong presidential control of security forces. The army is responsible for external security; the national police and gendarmerie have primary responsibility for law enforcement. The gendarmerie alone has responsibility in rural areas. The national police–which includes the public security force, judicial police, territorial security forces, and frontier police–report to the General Delegation of National Security (DGSN), which is under the direct authority of the presidency.

The government took some steps to hold police accountable for abuses of power. Police remained ineffective, poorly trained, and corrupt. Impunity continued to be a problem.

Civilian authorities maintained some control over the police and gendarmerie, and the government had somewhat effective mechanisms to investigate and punish abuse and corruption. The DGSN and gendarmerie investigate reports of abuse and forward cases to the courts. Lesser sanctions are handled internally. The DGSN, Ministry of Defense, and Ministry of Justice claimed members of security forces were sanctioned during the year for committing abuses, but the government provided few details.

On August 26, Captain Hamadjam Hamadjida Rene, commander of the Mokolo gendarmerie, Mayo-Tsanaga Division, Far North Region, was allegedly remanded in custody at the Kaele prison on a warrant issued by the government commissioner at the Maroua military tribunal. Captain Hamadjam allegedly played a role in a series of armed robberies targeting traders. He was relieved of his duties and immediately replaced.

The National Gendarmerie and the army have special offices to investigate abuse. The secretary of state for defense and the minister-delegate at the presidency are in charge of defense of sanctioned abusers. The minister-delegate of defense refers cases involving aggravated theft, criminal complicity, murder, and other major offenses to the military courts for trial.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires police obtain a warrant before making an arrest, except when a person is caught in the act of committing a crime, but police often did not respect this requirement. The law provides that detainees be brought promptly before a magistrate, although this often did not occur. Police may legally detain a person in connection with a common crime for up to 48 hours, renewable once. This period may, with the written approval of the state counsel, be exceptionally extended twice before charges are brought. Nevertheless, police and gendarmes reportedly often exceeded these detention periods. The law permits detention without charge for renewable periods of 15 days by administrative authorities such as governors and civilian government officials serving in territorial command. The law also provides for access to legal counsel and family members, although police frequently denied detainees access to both. The law prohibits incommunicado detention, but it occurred, especially in connection with the fight against Boko Haram. The law permits bail, allows citizens the right to appeal, and provides the right to sue for unlawful arrest, but these rights were seldom respected.

Arbitrary Arrest: Police, gendarmerie, and government authorities reportedly continued to arrest and detain persons arbitrarily, often holding them for prolonged periods without charge or trial and at times incommunicado. “Friday arrests,” a practice whereby individuals arrested on a Friday typically remained in detention until at least Monday unless they paid a bribe to be released earlier, continued. There were several reports police or gendarmes arrested persons, without warrants, on circ*mstantial evidence alone, often following instructions from influential persons to settle personal scores. There were also reports police or gendarmes arbitrarily arrested persons during neighborhood sweeps for criminals and stolen goods or arrested persons lacking identification cards, especially in connection with the fight against growing insecurity, including the Boko Haram threat.

On April 22, in Esu, Mentchum Division, Northwest Region, at approximately 2 a.m., four gendarmes allegedly forced open the door to the home of Redemption Godlove, a high school teacher, seized him without warrant, and secretly detained him in Bamenda at the gendarmerie. On May 2, the gendarmerie referred Godlove to the state counsel of Mezam, who prepared a holding charge accusing him of “depredation by band” along with eight others and sent the accused to the examining magistrate of Mezam, who remanded Godlove in custody while conducting preliminary inquiries. The arrest was allegedly orchestrated by Baba Ahmadou Danpullo, owner of the Elba Ranch, who claimed the accused committed the alleged offenses. Godlove had served as spokesperson for Esu during a meeting with administrative authorities over a protracted land conflict with Danpullo. On May 31, the magistrate declined jurisdiction, claiming the state counsel of Mezam could not have jurisdiction since the alleged offense was committed in Mentchum Division, which has a high court, state counsel, and examining magistrate. The magistrate of Mezam canceled the remand warrant. The state counsel, however, kept Godlove in detention until July 14 when he complied, allegedly following the intervention of the attorney general of the Northwest Region.

Pretrial Detention: The law provides for a maximum of 18 months’ detention before trial, but many detainees waited years for a date in court. In January the Ministry of Justice indicated that of a prison population of 27,977 inmates, 15,616 were in pretrial detention. Some pretrial detainees had been waiting for trial for more than two years. The increase in prison population was attributed to staff shortages, lengthy legal procedures, and administrative and judicial bottlenecks, including procedural trial delays and corruption.

For example, Oben Maxwell, an activist, remained in pretrial detention in Buea Central Prison, Southwest Region, as of August 31, where he had been detained since his arrest in 2014. The cited reason for his detention was holding an illegal meeting. The military tribunal initially handled the case; it was then assigned to the Buea court of first instance.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: By law persons arrested or detained, whether on criminal or other grounds, are entitled to challenge in court the legal basis of their detention and obtain prompt release and compensation if found to have been unlawfully detained. There were no reported cases of challenges.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary. While the judiciary demonstrated impartiality and independence at times, it was often corrupt and subject to political influences. Individuals reportedly accused innocent persons of crimes or caused trial delays to solve personal disputes. As in 2015 there were no reliable reports that authorities disregarded court orders.

Over the past several years, Alhadji Baba Danpullo, a politically influential businessperson, used the judicial system to harass Musa Usman Ndamba, the senior vice president of the Mbororo Social and Development Association. The most recent episode of harassment was on April 27, when the examining magistrate at the Bamenda court of first instance committed Usman Ndamba and two others for trial over an issue that the court earlier dismissed in 2014. The magistrate charged them with propagation of false information and defamation of character, despite irrefutable evidence that he was not linked to the alleged offense.

The court system is subordinate to the Ministry of Justice. The constitution designates the president as “first magistrate,” thus “chief” of the judiciary, making him the legal arbiter of any sanctions against the judiciary, although he has not played this role publicly. The constitution specifies the president is the guarantor of the legal system’s independence. He appoints all judges, with the advice of the Higher Judicial Council. While judges hearing a case should be governed only by the law and their conscience as provided for by the constitution, in some matters they are subordinate to the minister of justice. For example, the Special Criminal Court must have approval from the minister of justice before it may drop charges against a defendant who offers to pay back the money he/she was accused of having embezzled. Despite the judiciary’s partial independence vis-a-vis the executive and legislative powers, the president appoints all members of the bench and legal department of the judicial branch, including the president of the Supreme Court, and may dismiss them at will.

The legal system includes statutory and customary law, and many criminal and civil cases may be tried using either one. Criminal cases generally were tried in statutory courts.

Customary courts served as a primary means for settling domestic cases, including succession, inheritance, and child custody cases. Customary courts may exercise jurisdiction in a civil case only with the consent of both parties. Either party has the right to have a case heard by a statutory court and to appeal an adverse decision by a customary court to the statutory courts.

Customary court convictions involving alleged witchcraft are automatically transferred to the statutory courts, which act as the courts of first instance. The law provides for sentences of between two and 10 years’ imprisonment and fines of between 5,000 and 100,000 CFA francs ($9-$170). There were no arrests or trials for alleged witchcraft reported during the year.

Customary law is deemed valid only when it is not “repugnant to natural justice, equity, and good conscience,” but many citizens in rural areas remained unaware of their rights under civil law and were taught they must abide by customary law. Customary law partially provides for equal rights and status; men may limit women’s rights regarding inheritance and employment. Customary law practiced in rural areas is based on the traditions of the predominant ethnic group and is adjudicated by traditional authorities of that group. Some traditional legal systems regard wives as the legal property of their husbands.

Military tribunals may exercise jurisdiction over civilians when the president declares martial law and in cases involving civil unrest or organized armed violence. Military tribunals also have jurisdiction over gang crimes, banditry, and highway robbery if such crimes are committed with firearms.

TRIAL PROCEDURES

The constitution and law provide for the right to a fair public hearing, without undue delay, in which the defendant is presumed innocent, but authorities did not always respect the law. For instance, trials of Boko Haram suspects were sometimes not public. Defendants have the right to be informed promptly and in detail of the charges, with free interpretation as necessary from the moment they are charged through all appeals. They have the right to a presumption of innocence, but the government often did not respect that right, resulting in many pretrial suspects being treated as if they were convicted. Defendants have the right to be present and to consult with an attorney of their choice or have one provided at public expense, and the government generally respected this right, especially in criminal matters. Authorities generally allowed defendants to question witnesses and to present witnesses and evidence on their own behalf. Defendants have the right to adequate time and facilities to prepare a defense and not to be compelled to testify or confess guilt. Defendants have access to government-held evidence relevant to their cases, although in some cases the government did not make the evidence available in timely fashion. Defendants may appeal a conviction. The law extends these rights to all citizens, although they were not always extended in the cases of suspected Boko Haram affiliates.

On August 24, barrister Mohamad Al Amine of Maroua stated persons suspected of complicity with Boko Haram or being likely to compromise the security of the state were consistently tried by military court. He said the accused typically had no legal counsel and noted that, while the government commissioner assigned lawyers to defend them, the lawyers in turn assigned the cases to trainee lawyers, who received 5,000 CFA francs ($9) for legal fees. Often these designated lawyers were not allowed to access case files or visit their clients, which contributed to the poor quality of legal assistance. There were more than one hundred capital punishment sentences issued by the courts in the Far North Region between July 2015 and July 2016.

POLITICAL PRISONERS AND DETAINEES

No statistics were available on the precise number of political prisoners. Political prisoners were detained under heightened security, often in the SED. Some were allegedly held in the DGRE and at the Yaounde central and principal prisons, and the government did not permit access to such persons on a regular basis, or at all, depending on the case.

Former minister of state for territorial administration Marafa Hamidou Yaya, convicted in 2012 on corruption charges and sentenced to 25 years’ imprisonment, remained in detention. On May 18, the Supreme Court reduced the sentence to 20 years. On June 2, the UN Working Group on Arbitrary Detention issued a decision qualifying Marafa’s detention “a violation of international laws” and asked the government to immediately free and compensate him for damages suffered. The United Nations made it clear there were multiple irregularities in the judicial procedure.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Citizens and organizations have the right to seek civil remedies for human rights violations through administrative procedures or the legal system; both options involved lengthy delays. There were a few reports the government failed to comply with a court decision on labor issues. For example, despite a court order, the government continued to work with the Cameroon Confederation of Trade Unions’ former leader, who no longer represented the organization, to the detriment of newly elected officials.

Individuals and organizations may appeal adverse domestic decisions to regional human rights bodies. In 2012, for example, Jean-Marie Atangana Mebara, former secretary general at the presidency, filed a complaint against the government with the African Commission on Human and Peoples’ Rights. Mebara complained the government was keeping him imprisoned on the basis of the Operation Sparrow Hawk Affair even though the Mfoundi High Court ordered his release. The commission delivered its verdict in April in Banjul, The Gambia. The commission directed the government of Cameroon to release Mebara immediately, compensate him 400 million CFA francs ($681,000) for damages, and punish all officials involved in the violations perpetrated on Mebara. The African Commission on Human and Peoples’ Rights has no ability to compel a state to comply with its decisions.

PROPERTY RESTITUTION

Over the past few years, to implement infrastructure projects, the government seized land occupied or used by civilians. The government failed to resettle or compensate those displaced in a prompt manner, leading them to protest in the streets on several occasions. In a few cases, corrupt officials misappropriated the money the government had earmarked for compensation. The government identified some offenders and opened cases against them. No particular group was reported to have been intentionally targeted for discriminatory treatment.

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

Although the constitution and law prohibit arbitrary interference with privacy, family, home, or correspondence, these rights were subject to restriction for the “higher interests of the state,” and there were credible reports police and gendarmes harassed citizens and conducted searches without warrants.

The law permits a police officer to enter a private home during daylight hours without a warrant if he is pursuing a criminal suspect. Police and gendarmes often did not comply with this provision. A police officer may enter a private home at any time in pursuit of a person observed committing a crime.

An administrative authority, including a governor or senior divisional officer (SDO), may authorize police to conduct neighborhood sweeps without warrants, and this occurred.

Police and gendarmes sometimes sealed off a neighborhood, systematically searched homes, arrested persons, sometimes arbitrarily, and seized suspicious or illegal articles. In Wum, Northwest Region, on February 17, during an early morning raid following arson at the military barracks a few days earlier, police detained citizens without identification cards until identity could be established. There were several complaints police arbitrarily confiscated motorbikes and electronic devices.

a. Freedom of Speech and Press

The law provides for freedom of speech and press but also criminalizes media offenses, and the government restricted speech and press.

Freedom of Speech and Expression: Government officials penalized individuals or organizations that criticized or expressed views at odds with government policy. Individuals who criticized the government publicly or privately sometimes faced reprisals. The government occasionally used the law requiring permits or government notification of public protests to stifle discourse, and many civil society and political organizations reported increased difficulty in obtaining approval to organize public gatherings. The government attempted to impede criticism by monitoring political meetings.

Antiterrorism legislation was also used to exercise government control over public and private expression. In November the military court of Yaounde sentenced three men to 10 years in prison for exchanging private text messages that joked about Boko Haram. The three individuals were not military personnel and were not accused of any terrorist involvement or support, but they were tried and convicted of “nondenunciation of terrorist acts.”

Press and Media Freedoms: Independent media were active and expressed a wide variety of views, although there were restrictions, especially on editorial independence, in part due to terrorism concerns and the fight against Boko Haram. Journalists reported practicing self-censorship to avoid repercussions for criticizing the government, especially on security matters.

Violence and Harassment: Police, gendarmes, and other government agents subjected journalists to arrest, detention, physical attack, and intimidation due to their reporting.

On May 17, a Voice of America (VOA) correspondent and state media Cameroon Radio and Television reporter, Moki Edwin Kindzeka, reported he was detained for four hours over a story he published on VOA speaking about crackdowns on corruption and some politicians’ beliefs that President Biya was eliminating his political opponents. Unknown individuals forced Kindzeka into a car and interrogated, threatened, and offered him money for “favorable” reporting.

Censorship or Content Restrictions: The National Communication Council (NCC) is empowered to ensure all printed media comply with the legal requirement that editors in chief deposit two signed copies of each newspaper edition with the Prosecutor’s Office for scrutiny within two hours after publication. Journalists and media outlets practiced self-censorship, especially if the NCC had suspended them. The NCC issued fewer warnings and suspensions than in 2015.

On July 14, the NCC issued sanctions ranging from warnings to temporary suspensions for up to six months. The weekly newspaperL’Epervierand its publisher received two suspensions of six and three months, respectively, for publishing unsubstantiated statements deemed likely to impair the reputation of persons, including Martin Belinga Eboutou, director of the civil cabinet of the presidency, and Eletana Ayinda Rene, another staff member of the presidency. Weekly newspapersAdes-infoandLe Regardreceived three-month suspensions. Weekly newspaperLa Tornadereceived a two-month suspension, while weekly newspaperCanard Librereceived a one-month suspension. The daily newspaper TheGuardian Post, weekly newspaperEssingan,and Roger Kiyek, Royal FM director each received a warning for unethical conduct, following complaints by some staff members of the presidency and the CPDM.

Libel/Slander Laws: Press freedom is constrained by strict libel laws. Any citizen may file a lawsuit against media organs for defamation of character. These laws authorize the government, at its discretion and the request of the plaintiff, to criminalize a civil libel suit or to initiate a criminal libel suit in cases of alleged libel against the president or other high government officials. Such crimes are punishable by prison terms and heavy fines. The libel law places the burden of proof on the defendant. The government contended libel laws are aimed at safeguarding citizens whose reputations can be permanently damaged by defamation. The government and public figures reportedly used laws against libel or slander to restrict public discussion. While government officials and individuals filed libel complaints against media outlets with the NCC, none of the complaints was sanctioned with prison terms.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. According to the International Telecommunication Union, approximately 11 percent of the population used the internet in 2014. Other studies stated the usage rate remained the same during the year.

ACADEMIC FREEDOM AND CULTURAL EVENTS

Although there were no legal restrictions on academic freedom or cultural events, state security informants reportedly continued to operate on university campuses. There were no reports the government censored curricula; sanctioned academic personnel for their teachings, writing, or research; restricted academic travel or contacts; intimidated academics into self-censoring; or attempted to influence academic appointments based on political affiliation. There were a few reports, however, of security personnel disrupting student activities. Further, the penal code adopted in July bans “political processions in any public establishment, school, or university”; it was criticized by some observers as isolating youth from the political process.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

Although the law provides for freedom of assembly, the government restricted this right. The law requires organizers of public meetings, demonstrations, and processions to notify officials in advance but does not require prior government approval of public assemblies and does not authorize the government to suppress public assemblies that it has not approved in advance. Nevertheless, officials routinely asserted the law implicitly authorizes the government to grant or deny permission for public assembly. The government often refused to grant permits for assemblies and used force to suppress assemblies for which it had not issued permits. The government also prevented civil society organizations and political parties from holding press conferences. Police and gendarmes forcibly disrupted meetings and demonstrations of citizens, trade unions, and political activists throughout the year.

In the early hours of April 8 in Yaounde, the police Mobile Intervention Unit (GMI) detained 12 political activists at the judicial police headquarters for hours. GMI agents initially arrested the activists at the Biyem Assi neighborhood for wearing black, as they prepared for a distribution of pamphlets calling on Yaounde residents to observe a Black Friday, and took them to the GMI office in the Tsinga neighborhood. Edith Kah Walla of Cameroon People’s Party (CPP) and Alain Fogue of Cameroon Renaissance Movement (MRC) went to the GMI to inquire about the others, and police detained them. Police subsequently transferred the detainees to the judicial police headquarters at Elig-Essono neighborhood and allegedly subjected them to humiliation for hours. Police took detainees’ pictures, fingerprints, height, and shoe sizes before releasing them later in the day. Kah Walla and 53 CPP party members were again detained in October for more than eight hours, during which they were questioned without being informed of the reason for their detention. Speaking to media following their release, Kah Walla indicated the police arrested them with claims they were holding an illegal meeting.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, but the law also places limits on this right. The minister of territorial administration may, on the recommendation of the SDO, suspend the activities of an association for three months on grounds the association is disrupting public order. The minister may also dissolve an association if it is deemed a threat to state security.

National associations may acquire legal status by declaring themselves in writing to the Ministry of Territorial Administration, but the ministry must explicitly register foreign associations and religious groups; if they do not, the law imposes heavy fines for individuals who form and operate any such association. The law prohibits organizations that advocate a goal contrary to the constitution, laws, and morality, as well as those that aim to challenge the security, territorial integrity, national unity, national integration, or republican form of the state.

Conditions for government recognition of political parties, NGOs, or associations were complicated, involved long delays, and were unevenly enforced. This resulted in associations operating in legal uncertainty, their activities tolerated but not formally approved.

c. Freedom of Religion

See the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

Although the constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, these rights sometimes were impeded. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons (IDPs), refugees, asylum seekers, stateless persons, and other persons of concern.

In-country Movement: Police and gendarmes at roadblocks and checkpoints in cities and on most highways often extorted bribes and harassed travelers. Male refugees in Gado, for example, reported they were often required to pay between 2,000 and 4,000 CFA francs ($3.40-$6.80) when they traveled to Meiganga, even when they carried UNHCR-issued identification cards. Police frequently stopped travelers to check identification documents, vehicle registrations, and tax receipts as security and immigration control measures.

Exile: The law prohibits forced exile, and the government did not use it. Some citizens remained in self-imposed exile because they feared the government.

INTERNALLY DISPLACED PERSONS

Several thousand persons abandoned their homes in some villages on the border with Nigeria and fled to cities in the Far North Region because of frequent attacks by Boko Haram (83 percent of IDPs), while others left their homes as a result of natural disasters (13 percent of IDPs), mainly flooding. The July International Organization for Migration’s (IOM) Displacement Tracking Matrix 4 for the Far North Region indicated the number of IDPs due to the conflict increased from 81,693 to 157,657 between April 2015 and July 2016. The total number of IDPs reported by UNHCR, including populations affected by natural disasters, was estimated at 192,912 as of September 30. Thirty percent of IDPs were children of school age, according to estimates by the UN Children’s Fund (UNICEF). While IDPs were within communities spread across the entire Far North Region, Logone and Chari, with an estimated 91,131 IDPs (40 percent); Mayo Tsanaga with 24,258 (11 percent); and Mayo Sava with 45,386 (20 percent) were the three divisions that hosted most IDPs.

PROTECTION OF REFUGEES

Access to Asylum: The laws provide for the granting of asylum or refugee status, and the government has established a system of providing protection to refugees. UNHCR continued to play an important role in providing documentation and assistance to the refugee population. UNHCR and the government conducted biometric verification and registration of all refugees and asylum seekers in the Adamawa, East, and North Regions. As of September 30, 83,273 individuals, including 43,522 women and 39,751 men, had been registered. The country hosted at least 574,704 persons of concern to UNHCR as of September 30.

Refoulement: Following security measures taken by authorities in the Far North Region to counter Boko Haram, civil society organizations reported cases of forced returns, including individuals of Nigerian descent who spoke Kanuri. According to NGOs, persons speaking Kanuri were considered Boko Haram members or sympathizers and were systematically returned to Nigeria. UNHCR and government sources, however, did not confirm these allegations. Furthermore, 338 Nigerian asylum seekers arrived in early June in Kolofata, where UNHCR processed them for assistance. Cameroonian military authorities, however, unilaterally returned them to Nigeria.

Durable Solutions: The Cameroonian and Nigerian governments agreed in principle with UNHCR on the safe return of refugees who wish to be repatriated. Cameroon signed the agreement but awaited Nigeria’s signature.

Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees, extending this protection to approximately 100,000 individuals during the year, including third-country nationals who had fled violence in the CAR.

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. President Biya and CPDM members, however, controlled key elements of the political process, including the judiciary.

Elections and Political Participation

Recent Elections: In April 2013 the country held its first Senate elections. The ruling CPDM won 54 of the 70 elected seats; an additional 30 senators were appointed by the president, in accordance with the constitution. The elections were peaceful and generally free and fair.

In September 2013 the country held simultaneous legislative and municipal elections, with 29 parties participating in the legislative elections and 35 in the municipal elections. The CPDM won 148 of 180 parliamentary seats and 305 of 360 municipal council positions, representing slight gains for opposition parties, compared with the parliament elected in 2007. In preparation for the 2013 legislative and municipal polls, Elections Cameroon (ELECAM), whose members were appointed by the president, recompiled voter rolls using biometric technology and issued biometric voter identification cards that were required at polling booths. Despite irregularities, such as the inconsistent use of identification cards due to lack of expertise of local polling officials, opposition parties generally accepted the results. The high voter turnout (70 percent) and ELECAM’s administration of the election were viewed as major improvements over previous elections.

In October 2011 President Biya was re-elected in a poll marked by irregularities, but one that most observers believed reflected popular sentiment.

Political Parties and Political Participation: The country had 300 registered political parties. Membership in the ruling political party conferred significant advantages, including in the allocation of key jobs in state-owned entities and the civil service. The president appoints all ministers, including the prime minister, and directly appoints the governors of each of the 10 regions, who generally represented CPDM interests. The president has the power to appoint important lower-level members of the 58 regional administrative structures. The government pays the salaries of (primarily nonelected) traditional leaders, which supports a system of patronage.

In the three elections held in 2013, the CPDM was the most popular party except in the Northwest, where it faced strong competition from the Social Democratic Front. The CPDM remained dominant in state institutions, partially due to unfair drawing of voter districts, use of government resources for campaign purposes, interference with the right to organize and publicize views during electoral campaigns, and privileges associated with belonging to the ruling party.

Authorities sometimes refused to grant opposition parties permission to hold rallies and meetings.

Participation of Women and Minorities: There are no laws preventing women or members of minority groups from voting, running for office, and serving as electoral monitors, or otherwise participating in political life on the same basis as men or nonminority citizens. Cultural and traditional factors, however, reduced women’s political participation compared to that of men. The law provides that lists of candidates for legislative and municipal elections should consider the sociological components of the constituency, including gender. Women remained underrepresented at all levels of government, but their political participation continued to improve. For the 2013-18 electoral period, women occupied 26 council mayor positions, in comparison with 23 in 2007-13, 10 in 2002-07, two in 1992-97, and one in 1987-92. Women occupied 10 cabinet positions, 76 of 280 parliamentary seats, and other senior level offices, including territorial command and security/defense positions. The Ministry of Women’s Empowerment and the Family and civil society organizations such as More Women in Politics continued to promote women’s political participation.

The minority Baka people took part as candidates in municipal and legislative elections but were not represented in the Senate, National Assembly, or higher offices of government.

The law provides criminal penalties for corruption by officials, although these were not always enforced in cases involving high-profile ruling party officials. The government increased anticorruption activities, including through integrating the UN Convention Against Corruption into the penal code enacted in July. Under the new code, different offenses are identified as corruption, including insider trading, involvement in a prohibited employment, and nondeclaration of conflict of interest. Reporting of corruption is encouraged through exempting those who report corruption to judicial authorities from criminal proceedings. Furthermore, corruption in official examinations is punished with imprisonment of up to five years, fines up to two million CFA francs ($3,390), or both. Nevertheless, corruption remained pervasive at all levels of government. The government did not always effectively address high-profile cases, and officials continued to engage in corrupt practices with impunity. The judiciary was not always free to independently investigate and prosecute corruption cases. In the context of the fight against Boko Haram, local sources indicated that corruption-related inefficiencies and diversion of resources from their intended purposes continued to represent a fundamental national security vulnerability.

Corruption: During the year the government sanctioned government employees for corruption, embezzlement, and mismanagement. Operation Sparrow Hawk, which was launched in previous years to fight corruption, including embezzlement of public funds, continued. The court opened new corruption cases and issued verdicts on some pending cases. Human rights activists and media reports, however, indicated many former officials ostensibly arrested for corruption had not been formally charged and that several had died in detention after not receiving proper medical attention. They claimed the government was using its crackdown on corruption as a pretext to target potential political rivals of the president.

In May authorities arrested a number of current and former government officials who allegedly played a role in diverting resources allocated for the compensation of Lolabe, Mboro, and Bongale populations in connection with the construction of the Kribi deep sea port. The officials included Jean Francois Vilon, former SDO for the Ocean division, now retired; Joseph Andre Edyebe, former assistant SDO for the Ocean division and currently divisional officer (DO) for Bagante; Hubert Bessala, former DO for Kribi I subdivision; and Ngoum, Ocean divisional delegate for agriculture, among others. As of September 30, the suspects remained in pretrial detention.

Although police were reportedly sanctioned for corruption, some officers convicted of corruption were relieved of their duties but retained their jobs due to weak oversight, accountability, and enforcement mechanisms for internal disciplining. Individuals reportedly paid bribes to police and the judiciary to secure their freedom. Police demanded bribes at checkpoints, and influential citizens reportedly paid police to make arrests or abuse individuals with whom they had personal disputes. There were reports some police associated with the issuance of emigration and identification documents collected additional fees from applicants. During the year the delegate general for national security, according to anecdotal reports, implemented measures to deter police officers from corrupt practices. Police officers found taking bribes were allegedly required to work without uniforms for a certain period, during which they had to serve as informants to denounce their colleagues as necessary.

Judicial corruption was a problem. According to press reports, judicial authorities accepted illegal payments from detainees’ families in exchange for a reduced sentence or the outright release of their relatives. Judges were susceptible to executive influence and often delayed judicial proceedings in response to governmental pressure. In a few instances, the court avoided handling cases for politically motivated reasons. Many powerful political or business interests had virtual immunity from prosecution.

For example, after the DO for Bertoua I in East Region banned the meeting the MRC opposition party planned to hold on April 23, the party’s lawyer, on April 20, filed a motion requesting the court cancel the DO’s decision so that the MRC could meet on April 30. The law provides that in such circ*mstances, the court must issue a decision within eight days, but the court did not issue a decision until April 30. The court kept requiring additional paperwork until the MRC could no longer hold its meeting.

Overall, national anticorruption agencies helped recover an estimated 20 billion CFA francs ($34 million) of ill-gotten funds as of June 30.

Corruption in the education sector continued to be a major problem. Officials of major national training schools continued to be cited for corruption.

Financial Disclosure: The constitution and law require senior government officials, including members of the cabinet, to declare their assets, although the president had not issued the requisite decree to implement the law by year’s end.

Public Access to Information: There are no laws providing citizens with access to government information, and such access was difficult to obtain. The National Institute of Statistics and other government agencies have websites that provide some level of information. Most government documents, however, remained unavailable to the public and media.

A number of domestic and international human rights groups investigated and published findings on human rights cases. Government officials, however, 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 e-mail. The government took no action to investigate or prevent such occurrences. The government criticized reports from international human rights organizations such as Amnesty International, accusing the organizations of being biased and of intervening in security matters in a sovereign state without soliciting the government’s point of view. Despite these restrictions, numerous independent domestic human rights NGOs continued operations.

There were several reports of intimidation of, threats against, and attacks on human rights activists, including members of the Network of Human Rights Defenders in Central Africa (REDHAC), OS-Civile Droits de l’Homme, and Front Line Fighters for Citizens’ Interests (FFCI), amongst others.

For example, the intimidation of Maximilienne Ngo Mbe, executive director of REDHAC, continued. In February her landlord expelled her without notice from the house she had occupied for five years in Douala. The landlord claimed he was designated to become a traditional ruler and that authorities insisted his official coronation take place in Ngo Mbe’s residence. As of August 31, however, the house remained unoccupied. In addition, on September 28 in Bafoussam, West Region, an unidentified person attacked FFCI member Nouayou Edy Michel and stabbed him in his left shoulder. The victim was returning to a hotel where he had an FFCI working session. The assailant did not take anything from Michel, who had two telephones and an important sum of money with him. Also, Mey Ali, president of OS-Civil Droits de l’Homme, continued to receive anonymous telephone and text-message threats, which compelled him to abandon his Kousseri residence and seek refuge elsewhere in the country.

Government Human Rights Bodies: The country has a national Commission on Human Rights and Freedoms (NCHRF), an independent institution for consultation, monitoring, evaluation, dialogue, concerted action, promotion, and protection of human rights. The NCHRF was established by a 1990 presidential decree and subsequently given more powers by a 2004 law. NCHRF powers are limited, however. It can only make recommendations to competent authorities. 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. As of September 30, the NCHRF had not released its 2015 human rights report. NGOs, civil society, and the general population considered the NCHRF to be a dedicated and effective organization, albeit inadequately resourced and with insufficient ability to effectively 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 (CONAC) and ELECAM.

The National Assembly’s Constitutional Laws, Human Rights and Freedoms, Justice, Legislation, Regulations, and Administration Committee was adequately resourced and effective in reviewing the constitutionality of proposed legislation. It approved most ruling party legislation, however, and was not an effective check on ruling party initiatives.

Women

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

In the National Gender Policy Document for the period 2011-20 adopted in 2014 and released in 2015, the Ministry of Social Affairs and the Ministry of Women’s Empowerment and the Family asserted 52 percent of women experienced domestic violence at least once and that 53 percent experienced violence by the age of 15. The ministries further indicated, based on a 2008 study on rape and incest, 5.2 percent of women were victims of sexual violence. Of those, 33 percent became pregnant and 16 percent contracted sexually transmitted infections. The report indicated more than one million girls and women were reported to have suffered an attempted rape and that rape was becoming widespread in all regions of the country. Included in this figure was incest, which applied to 18 percent of raped women.

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

The Ministry of Social Affairs and the Ministry of Women’s Empowerment and the Family, in conjunction with local NGOs, continued their campaign to raise awareness of rape and educate citizens on penal provisions against rape, including through educative talks and sociolegal clinics. Activities were mostly centered on women commemorative days, such as the International Women’s Day, African Women’s Day, Rural Women’s Day, and other fora involving mass mobilization of women. The Ministry of Women’s Empowerment and the Family reportedly trained 150 police officers on how to address violence against women. During the year the Littoral branch of the NCHRF, in collaboration with Douala-based LFM Radio, implemented a program against gender-based violence. The interactive program broadcast every Saturday offered women the opportunity to share their concerns with, and seek advice from, a lawyer.

Female Genital Mutilation/Cutting (FGM/C): The law protects physical and bodily integrity of persons, and the penal code enacted on July 12 has specific provisions on genital mutilation/cutting. The law prohibits genital mutilation of all persons. Whoever mutilates the genitals of a person, by any means whatsoever, on conviction is subject to imprisonment from 10 to 20 years, and imprisonment for life if the offender habitually carries out this practice, does so for commercial purposes, or if the practice causes death. Children were reportedly subjected to FGM/C in isolated areas of the Far North, East, and Southwest Regions, in the Choa and Ejagham tribes, although the practice was reported to be decreasing. In 2015 The Ministry of Social Affairs and the Ministry of Women’s Empowerment and the Family estimated the prevalence of FGM/C at 1.4 percent nationwide and 20 percent in the most affected communities. According to UNICEF’s Global Databases 2016, FGM/C among girls and women ages 15 to 49 was 1 percent in urban centers and 2 percent in rural areas. In 2011 the government adopted a national action plan, and The Ministry of Social Affairs and the Ministry of Women’s Empowerment and the Family established local FGM/C committees in areas where FGM/C was most prevalent, particularly in the Far North Region. The committees networked with former excision practitioners and traditional and religious leaders to reduce the practice. During the year the ministries and some civil society organizations conducted education programs against gender-based violence, including FGM/C.

Other Harmful Traditional Practices: The practice of widow rites remained a problem in some areas, especially in the south. The practices varied from area to area but generally entailed new widows having to remove all hair using a razor blade, spend the night sleeping on the floor, and forgo bathing and other hygiene practices for extended periods. Widows were sometimes forcibly married to one of the deceased husband’s relatives as a condition for them to secure continued enjoyment of the property left by the deceased, including the marital home. In an attempt to better protect women, including widows, the government included in the new penal code provisions addressing the eviction of a spouse from the marital home by any person other than the spouse of the victim.

As in 2015, there were no credible reports of breast ironing, a procedure to flatten a girl’s growing breasts with hot stones, cast-iron pans, or bricks. The procedure was considered a way to delay a girl’s physical development, thus limiting the risk of sexual assault and teenage pregnancy. The procedure has harmful physical and psychological consequences, which include pain, cysts, abscesses, and physical and psychological scarring. During the year the government further discouraged the practice by including a relevant provision in the new penal code. Although the code does not specifically refer to breast ironing, it provides that whoever, in any manner whatsoever, interferes with an organ in order to inhibit its normal growth shall be punished with imprisonment from six months to five years, fines from 100,000 to one million CFA francs ($170-$1,700), or both. As formulated, the provision adequately covers breast ironing.

Sexual Harassment: The law prohibits sexual harassment. The new penal code provides punishment with imprisonment from six months to one year and with fines from 100,000 to one million CFA francs ($170-$1,700) for whoever takes advantage of the authority conferred on them by their position to harass another using orders, threats, constraints, or pressure in order to obtain sexual favors. The penalty is imprisonment for one to three years if the victim is a minor and from three to five years if the offender is in charge of the education of the victim. Despite these legal provisions, sexual harassment was widespread. Anecdotal reports suggest immigrant or refugee widows coming from the CAR were very susceptible to sexual harassment in the domestic work sector.

Reproductive Rights: Couples and individuals have the right to decide freely and responsibly the number, spacing, and timing of children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. Many often lacked the information and means to do so, however, and societal pressures continued to reinforce taboos on discussing all sex-related issues, particularly in northern rural areas. Women’s dependence on their husbands’ consent was also a barrier to contraceptive decisions.

The UN 2014 Multiple Index Cluster Survey (MICS) indicated 82.8 percent of pregnant women had at least one antenatal care visit by a qualified health worker, 64.7 percent delivered with assistance from qualified birth attendants, and 61.3 percent of the deliveries occurred in a health facility. Prenatal care, skilled attendance during childbirth, emergency obstetric, neonatal, and postpartum care remained inadequate, particularly in rural areas.

Maternal mortality remained high. According to the World Health Organization’s 2015 estimates, maternal mortality stood at 690 deaths per 100,000 live births. The high mortality rate was attributed to lack of access to medical care; lack of trained medical personnel; the high cost of prenatal care, hospital delivery, and postpartum care; and negligence by hospital staff.

For example, on March 12, the bloody and naked corpse of Monique Koumate and her twin babies were found on the ground at the Douala Laquintinie hospital yard; a relative had used a razor blade to open her womb in an attempt to rescue the unborn twins. Authorities claimed Koumate died hours before arrival at the hospital and blamed the sister who cut open her womb. The sister insisted she performed the surgery hoping to save the babies, who were still alive, because the nurses on duty refused to help.

The UN Population Division estimated only 20.2 percent of women and girls ages 15 to 49 used a modern method of contraception in 2015. The low rate of contraception use was largely due to the lack of skilled personnel and lack of adequate infrastructure and contraceptives. The Ministry of Public Health provided counseling services to women during prenatal visits, promoting the concept of responsible parenthood and encouraging couples to use contraception to space the timing of their children. The Ministry of Social Affairs also had an educational program on responsible parenthood, which was broadcast twice weekly. Couples were encouraged to get HIV/AIDS testing prior to conception, and efforts continued to increase HIV/AIDS testing for pregnant women at health clinics.

Discrimination: The law provides for the same legal status and rights for women as for men, including in terms of family, labor, property, nationality, and inheritance. Despite constitutional and legal provisions recognizing women’s rights, women did not enjoy the same rights and privileges as men. For example, the law allows a husband to deny his wife the ability to work outside the home, and a husband may also forbid his wife to engage in commercial activity by notifying the clerk of the commerce tribunal. Also, while polygamy is authorized, polyandry is illegal. Customary law imposes further strictures on women, since in many regions a woman is regarded as the property of her husband. Because of custom and tradition, civil laws protecting women often were not respected. For example, in some ethnic groups women were precluded from inheriting from their husbands. Although local government officials including mayors claimed women had access to land in their constituencies, the overall sociocultural practice of depriving women of land ownership, especially through inheritance, was prevalent in most regions.

The provision on adultery in the new penal code was revised to apply evenly to men and women. Under the previous law, a married man could be punished only if he had sexual intercourse in the marital home or habitually had sexual intercourse elsewhere with a woman other than his wife or wives. Under the new law, a husband who has sexual intercourse with a woman other than his wife or wives may be subject to punishment.

During the year the prime minister launched the UN Women initiative to involve men and boys in the advocacy against gender discrimination. The UN HeForShe campaign began on August 11 and aimed to engage men and boys as advocates and agents for change to achieve gender equality and women’s rights.

Children

Birth Registration: Citizenship is derived from parents, and it is the parents’ responsibility to register births. Parents must obtain a birth declaration from the hospital or health facility in which the child was born and complete the application. The mayor’s office issues the birth certificate once the file is completed and approved. Because many children were not born in formal health facilities and many parents were unable to reach local government offices, many births were unregistered. According to the 2014 MICS, birth registration rate for children below the age of five was 66.1 percent. Social workers attributed the low level to negligence, poverty, and poor education. Parents often registered children only when the children were about to enroll for the first school leading to a certificate. A 2011 law brought innovations in the national civil status system, including creation in 2013 of a national civil status office that became operational with the appointment of its management staff in September 2015, but more especially the extension of deadlines for birth registration from 30 to 90 days, thus increasing the probability for parents to register new births.

Education: The law provides that primary education is compulsory but does not set an age limit. Children were generally expected to complete primary education at age 12, or at ages 13-14 if they had to repeat classes. In July the government criminalized interference with the right to education or training. Under the new penal code, any parent with sufficient means who refuses to send his child to school is subject to a fine of from 50,000 to 500,000 CFA francs ($85-$850), and imprisonment from one to two years if the offense is repeated. Public primary school was tuition-free, but children had to pay for uniforms, books, and sometimes extra fees. Secondary school students had to pay tuition and other fees in addition to buying uniforms and books. This rendered education unaffordable for many children. According to estimates from the 2014 MICS, the primary school attendance rate was 85.4 percent, with a primary school completion rate of 81 percent. According to a 2015 report from UNICEF, the Ministry of Health, and the National Institute of Statistics, 87 percent of boys attended primary school, compared with 84 percent of girls; and 55 percent of boys attended secondary school, compared with 50 percent of girls. According to the same report, 83 percent of boys completed primary school, compared with 78 percent of girls.

During the year Boko Haram destroyed hundreds of classrooms, and the government reportedly shut down entire schools due to security concerns. This aggravated lack of access to education in the Far North Region; the 2016-17 academic year was largely lost for many children.

Child Abuse: Child abuse remained a problem. Children continued to suffer corporal punishment, both within families and in the school environment. According to a 2011 survey, 76 percent of children reported being hit frequently at home, and 10 percent of those between the ages of six and 15 reported sexual abuse. Newspaper reports often cited cases of children abandoned, thrown in the trash, or being victims of kidnapping and mutilation. Also, Boko Haram abducted children and, in some instances, used them as suicide bombers.

For example, on February 16, in Buea, 14-year-old Nkeih Lizette reported her father Nkeih Ernest had been sexually abusing her since she was 10 years old. Nkeih claimed she had been pregnant four times and aborted three times using medications she bought on the streets. At the time she was suffering from severe hemorrhage, allegedly because of a failed abortion. The judicial police in Buea arrested the offender. There were no reported developments on the case as of September 30.

These allegations were consistent with findings of the International Center for the Promotion of Creation (CIPCRE), an international NGO. CIPCRE recorded 475 cases of sexual abuse of children from January 2015 to June 2016, including 36 children under age seven and 100 under 14. One hundred and nine children had contracted pregnancies, six died, 144 had severe injuries, and 49 were infected, all because of sexual abuse. In most cases CIPCRE stated the perpetrator was a relative.

On March 11, in Bamenda, Northwest Region, a four-year-old nursery pupil was discovered with serious scars on her face and body. NGO officials concluded the scars were a result of mistreatment the child received from her mother and a domestic helper.

Early and Forced Marriage: The minimum legal age for marriage is 15 for girls and 18 for men, although some families reportedly tried to marry their girls earlier. According to the 2014 MICS, 11.4 percent of women and girls ages 15 to 49 were married or in union by age 15, 36 percent of women and girls ages 20 to 49 were married or in union by age 18, and 22.3 percent of youths ages 15 to 19 were currently married or in union. Early marriage was prevalent in the Adamawa, North, and particularly Far North Regions. The government conducted education campaigns to combat early marriages and provided medical support and reintegration services to victims.

Female Genital Mutilation/Cutting: See information for girls under 18 in the Women’s section above.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children. A conviction, however, requires there to have been the use of threat, fraud, deception, force, or other forms of coercion. Penalties include imprisonment of 10 to 20 years and a fine of 100,000 to 10 million CFA francs ($170-$17,000). Penalties are increased to 15 to 20 years’ imprisonment if the victim is 15 or younger, if a weapon is used, or if the victim sustains serious injuries as a result of trafficking. The law does not specifically provide a minimum age for consensual sex. The law prohibits the use of children for the production of p*rnography and provides for prison terms from five to 10 years and fines of five million to 10 million CFA francs ($8,500-$17,000) for perpetrators who use any electronic system to forward child p*rnography or any document that could harm the dignity of a child. Children under the age of 18 were exploited in prostitution, especially by promoters of restaurants and bars, although no statistics were available.

Child Soldiers: The government did not recruit or use child soldiers, but Boko Haram utilized child soldiers, including girls, in their attacks on civilian and military targets.

Infanticide or Infanticide of Children with Disabilities: Unlike in 2015, there were no credible reports of infanticide nor of mothers abandoning their newborns in streets, latrines, or garbage cans. The law criminalizes infanticide and provides penalties ranging from five years’ imprisonment to capital punishment.

Displaced Children: The country hosted a large population of refugees and IDPs, most of whom were children. According to IOM’s Displacement Tracking Matrix for August, there were 125,038 internally displaced children. This number excluded refugees. As in previous years, many children lived on the streets of major urban centers, although their number apparently declined as a result of stringent security measures against Boko Haram and the amended penal code that criminalizes vagrancy. The Project to Fight the Phenomenon of Street Children, a governmental project established in partnership with NGOs, continued to gather information on street children and offer health care, education, and psychological care but was hardly active.

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’sAnnual Report on International Parental Child Abductionattravel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

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

Trafficking in Persons

See the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law does not specifically address 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. The constitution, however, explicitly forbids all forms of discrimination, providing that “everyone has equal rights and obligations.” In 2010 the government enacted a law on the protection and promotion of the rights of persons with disabilities, but the president had not issued its instrument of implementation. In addition the country had not ratified international instruments such as the UN Convention on the Protection of Persons with Disabilities. The law requires new government and private buildings be designed to facilitate access by persons with disabilities and that existing buildings be modified to do so. Secondary public education is tuition free for persons with disabilities and children born of parents with disabilities, and initial vocational training, medical treatment, and employment must be provided “when possible,” and public assistance “when needed.”

The majority of children with disabilities attended schools. Some of these children attended mainstream schools, others attended specialized schools, including for children with vision, hearing, or physical disabilities. The Ministry of Basic Education started the 2016/17 school year by selecting 68 primary schools as pilot sites to implement inclusive education.

A private training institution, Shilo Special Education and Inclusive Bilingual Teacher Training Institute, which opened in 2014, continued training activities. As in 2015, the school accepted students with vision and other disabilities. In addition, the Ministry of Social Affairs has successfully partnered with NGOs, including Nicky’s Foundation, a Baptist organization that works with persons with hearing disabilities and provides sign language training to teachers. The ministry also partnered with Sightsavers, an international organization, which worked in the Far North, South, and Southwest Regions.

National/Racial/Ethnic Minorities

The population consists of an estimated 286 ethnic groups, among which there were frequent and credible allegations of discrimination. Ethnic groups commonly gave preferential treatment to fellow ethnic group members in business and social practices. Members of the president’s Beti/Bulu ethnic group from the south held key positions and were disproportionately represented in the government, state-owned businesses, security forces, and the CPDM.

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. No legal discrimination existed, but other groups often treated the Baka as inferior and sometimes subjected them to unfair and exploitative labor practices. There were credible reports the Mbororos, itinerant pastoralists mostly present in the North, East, Adamawa, and Northwest Regions, were subject to harassment, sometimes with the complicity of administrative or judicial authorities, and were involved in conflicts over ownership of land and access to water.

The government did not effectively protect the civil or political rights of either group, but it implemented initiatives to promote the rights of the Baka, including the National Plan for the Empowerment of the Baka, and the Mbororo. Programs included training Baka and Mbororo in agricultural and animal husbandry techniques, including follow-on support for projects initiated after training, and recruiting Baka and Mbororo to attend teacher-training colleges. Baka and Mbororo communities complained about being marginalized, forcibly removed from their ancestral lands, and denied access to water.

The government continued efforts begun in 2005 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.

To improve access for Baka children to education, UNICEF and the Ministry of Basic Education introduced an education model that takes into account the sociocultural specifics of minorities. They selected 12 schools to experiment with intercultural and multilingual education, in which the language of instruction is the mother tongue up to a certain level and then changes to the normal curriculum. The project was planned to run until 2017.

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

hom*osexuality remained a crime. Consensual same-sex sexual activity is illegal and punishable by a prison sentence of six months to five years and a fine ranging from 20,000 to 200,000 CFA francs ($34-$340).

Although reports of arrests dropped dramatically, hom*ophobia remained a major concern. Members of the LGBTI community continued to receive anonymous threats by telephone, text message, and e-mail, as well as social stigmatization, harassment, and discrimination, including threats of corrective rape, although they were increasingly reluctant to speak out. Both police and civilians reportedly continued to extort money from presumed LGBTI individuals by threatening to expose them.

For example, on June 1, human rights organizations reported management of the Real Estate Company of Cameroon ordered Franz Mananga, the executive director of Alternatives Cameroon, to vacate his apartment rented from the real estate company because his neighbors had brought a complaint against him for hom*osexuality.

Members of the LGBTI community allegedly suffered discriminatory treatment during a workshop held in Ambam, South Region, on September 1-4. The workshop was intended to train representatives of grassroots grantee organizations on the new funding model under the Global Fund to Fight AIDS, tuberculosis, and malaria. During the happy hour on the second day, hotel staff members discovered that gay men were involved. Thereafter, hotel staff members stopped replacing towels in all hotel rooms and reduced the quality of meals.

Despite the cultural environment, human rights and health organizations continued to advocate for the LGBTI community by defending LGBTI individuals being prosecuted, promoting HIV/AIDS initiatives, and working to change laws prohibiting consensual same-sex activity.

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 about the disease. In the 2011 Demographic and Health Survey, 88 percent of women and 81.3 percent of men reported having discriminatory attitudes towards those with HIV. Between October 2010 and February 2011, Reseau Camerounais des Associations de Personnes Vivant avec le VIH (ReCAP+), a network of persons with HIV, conducted a survey of 1,284 persons with HIV. The survey indicated that in the 12 months preceding the study, 68.7 percent of respondents experienced at least one form of stigma and discrimination; 25.9 percent had been forced to change residence or were unable to secure rental accommodation; 22.6 percent of respondents who were employed lost their job or other income source; 6.7 percent were refused employment because of their HIV status; and 9.8 percent reported changes in their job responsibilities or being refused a career promotion due to their HIV-positive status. Two percent of respondents reported being denied health services, including dental care; 3.3 percent reported having been refused family planning services; and 5 percent reported being refused sexual and reproductive health services. During the preceding 12 months, 2.3 percent of respondents had been dismissed, suspended, or prevented from attending an educational institution because of their HIV status.

During the year there were a few reports of discrimination in employment. For instance, according to a credible NGO, the director of Societe de Production des Legumes (PROLEG), an agribusiness entity based in Bandjoun, West Region, terminated one of his employees because of his HIV status. Every year the director of PROLEG requires staff members to produce their HIV-status report. He allegedly terminated the worker after 27 years of service when the worker tested positive.

Other Societal Violence or Discrimination

There were a few reports of security forces failing to prevent or to respond immediately to societal violence. Several cases of vigilante action were recorded. For example, on May 4, according to newspaper reports, a bicycle rider and his colleagues entered Njo Njo cemetery in Bonapriso, Douala, where three suspects attempted to steal his bicycle. They caught one of the suspects and beat him to death. In another case, on May 7, in Bamenda, Northwest Region, residents discovered a burned body. Beside it they found a stone that was used to stun the victim and ash and debris from a tire the assailants used to burn him. According to reports, the incident occurred on the night of May 6-7, when the unidentified victim was caught attempting to steal a motorcycle.

On July 1, in Kumbo, Northwest Region, persons burned the feet of Ndzenyuy Ziawou and Nfor Arunna, two 13-year-old pupils of Islamic primary school Taakov, for allegedly stealing a woman’s cell phone battery. Asana, the owner of the battery, allegedly called her husband and friends to discipline the children. They put the children on chairs with hands tied behind their backs and their feet tied to sticks fastened by the fireside. Using grass and firewood, they roasted the children’s feet and abandoned them by a vacant building, where the children spent the night unattended. Hours after the severe abuse, Asana found the battery in her bedroom. The Justice and Peace Commission in Kumbo filed a complaint with the gendarmerie, which arrested five suspects and referred the matter to the Bui high court in Kumbo. The investigating magistrate opened preliminary proceedings on September 15, and the court delivered its verdict early December, sentencing two of the accused to one-year prison terms each. The other three suspects were expected in court on January 9, 2017.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form and join independent unions, conduct legal strikes, and bargain collectively. The law also prohibits antiunion discrimination and requires reinstatement of workers fired for union activity. Statutory limitations and other practices substantially restricted these rights. The law does not permit the creation of a union that includes both public- and private-sector workers or the creation of a union that includes different or closely related sectors. The law requires that unions register with the government, permitting groups of no fewer than 20 workers to organize a union by submitting a constitution and bylaws, as well as nonconviction certifications for each founding member. The law provides for heavy fines for workers who form a union and carry out union activities without registration. Trade unions or associations of public servants may not join a foreign occupational or labor organization without prior authorization from the minister responsible for “supervising public freedoms.”

The constitution and law provide for collective bargaining between workers and management as well as between labor federations and business associations in each sector of the economy. The law does not apply to the agricultural or other informal sectors, which included the majority of the workforce.

Legal strikes or lockouts may be called only after conciliation and arbitration procedures have been exhausted. Workers who ignore procedures to conduct a legal strike may be dismissed or fined. Before striking, workers must seek mediation from the Ministry of Labor and Social Security at the local, regional, and ministerial levels. Only if mediation fails at all three levels can workers formally issue a strike notice and subsequently strike. The provision of law allowing persons to strike does not apply to civil servants, employees of the penitentiary system, or workers responsible for national security, including police, gendarmerie, and army personnel. Instead of strikes, civil servants are required to negotiate grievances directly with the minister of the appropriate department in addition to the minister of labor and social security. Arbitration decisions are legally binding but were often unenforceable when parties refused to cooperate.

The constitution and law prohibit antiunion discrimination, and employers guilty of such discrimination are subject to fines of up to approximately one million CFA francs ($1,700). Nevertheless, employers found guilty are not required to compensate workers for discrimination or reinstate dismissed workers.

Industrial free zones are subject to labor law, except for the following provisions: the employers’ right to determine salaries according to productivity, the free negotiation of work contracts, and the automatic issuance of work permits for foreign workers.

In practice the government and employers did not effectively enforce the applicable legislation on freedom of association and the right to collective bargaining. Although there were ministries tasked with upholding the labor laws, resources were inadequate to support their mission. For example, the city of Douala, which has six subdivisions, hundreds of companies, and thousands of employees, is part of the Wouri division with only one labor inspectorate, which was generally poorly staffed. Penalties for violations were rarely enforced and useless as a deterrent. Administrative judicial procedures were infrequent and subject to lengthy delays and appeals. The government and employers often interfered in the functioning of workers’ organizations. The government occasionally worked with nonrepresentative union leaders to the detriment of elected leaders, while employers frequently used hiring practices such as subcontracting to avoid hiring workers with bargaining rights. Blacklisting of union members, unfair dismissal, promotion of employer-controlled unions, and threatening workers trying to unionize were common practices.

The Confederation of Workers’ Syndicates of Cameroon (CSTC) held a congress in Douala on November 12-13, 2015, during which the organization elected new executive members, including Andre Moussi Nolla as president, to replace Zambo Amougou. CSTC officials immediately notified relevant authorities of the leadership change. In addition, a decision by the court of first instance in Yaounde suspended a parallel CSTC congress that Zambo Amougou convened on November 4-5, 2015. As of September 10, CSTC leaders claimed the government continued to consider Zambo as the official representative of the CSTC, inviting him to meetings and sending all CSTC correspondence to him, to the detriment of Andre Moussi Nolla and other new team members, despite multiple complaints by the CSTC.

There were reports of company officials prohibiting the establishment of trade unions in their businesses. For instance, officials of Union des Syndicats Libres du Cameroun (Free Syndicate Union of Cameroon or USLC), allegedly visited Dangote Cement Cameroon and Ciments d’Afrique, two companies established in Bonaberi-Douala, Littoral Region. USLC leadership claimed the managers were hostile to the idea of unionizing their employees and threatened retaliation against any employee who attempted to join the USLC. There were reports of other companies with no workers’ representatives. FME-GAZ and COMETAL, for instance, reportedly sponsored only independent candidates during the March 30 social elections.

Some trade unions refused to acknowledge resignation of their members, in apparent collusion with their employers. For example, some employees of CRAFON, a Douala-based plastic manufacturing company, decided to leave the Confederation Syndicale Autonome du Cameroun (Autonomous Trade Union Confederation of Cameroon or CSA) to join the USLC. CRAFON management required them to have their letters of resignation endorsed by the president of the CSA, who refused to do so. CRAFON continued to pay the amount deducted from the salaries of these employees into the CSA accounts. In another case a trade union leader resigned from USLC and carried with him all of the USLC’s documentation to join the Cameroon Confederation of Workers (CCT). The employer allegedly required all members of the USLC to follow their former president to the CCT. Despite their refusal, the employer reportedly transferred the amount deducted from their salaries to the CCT, thus forcibly transferring workers from one trade union to another.

Employers frequently used hiring practices such as subcontracting to avoid hiring workers with bargaining rights. Workers’ representatives stated that most major companies engaged in the practice and cited the examples of ENEO, CDE, Cimencam, Guinness, Alucam, and many others. Subcontracting as a hiring practice was reported to involve all categories of personnel, from the lowest to the senior level. As a result workers with equal levels of expertise and experience did not always enjoy similar advantages when working for the same business, and the unprivileged typically lacked a legal basis to file complaints. More than 100 trade unions and 12 trade union confederations operated, including one public-sector confederation. On July 11, the Ministry of Labor and Social Security published the classification of trade union confederations by order of importance, following staff representatives’ elections organized nationwide on March 1 and April 8.

A number of strikes were announced, some of which were called off after successful negotiation. Others, however, were carried out without problems, or with some degree of repression. Workers’ grievances generally included poor working conditions, improper implementation of collective agreements, nonpayment of salary arrears or retirement benefits, illegal termination of contracts, lack of salary increases, and failure of employers to properly register employees and pay the employer’s contribution to the National Social Insurance Fund, which provides health and social security benefits.

On May 17, management of urban transport company Transnational Industries Cameroon (TIC) Le Bus sealed off the company’s offices, including its human resources, information, and finance departments, and attempted to forcibly expel employees from the company premises. Employees had been demanding payment of 14 months’ salary arrears and several years of contributions to the National Social Insurance Fund (CNPS). Employees had sealed the door to the office of the company chief operating officer (CEO) in late April after he failed to comply with a previous agreement signed after a meeting with the regional labor delegate and the management of TIC Le Bus. Under the agreement the company management had to pay at least one or two months’ salary by April 15. On April 19, the acting CEO offered only half of a month’s salary, which the workers refused and demanded that he consult with the board chair. Meanwhile workers sealed the door leading to the CEO’s office, seized the keys of his official car, and continued carrying out their duties.

Overall the social climate was tense, for diverse reasons. Retired workers were frustrated over perceived reluctance by the CNPS to comply with a February 15 presidential decree increasing pension ceilings. A briefing note from the CNPS stated the new rates would apply only to workers retiring in a year. Furthermore, the management of the CNPS in July 2015 allegedly issued a note indicating that occupational risk files being processed as of February 3, 2015, and that had not yet been approved by the authorizing officer may give rise to effective compensation only if the victim’s employer had paid all social contributions to the CNPS. Trade unions also deplored the precariousness of jobs in subcontracting companies, especially on major infrastructure projects. They denounced the nonrespect of collective agreements in some sectors, including the media, private education, and security companies, among other sectors.

b. Prohibition of Forced or Compulsory Labor

The constitution and law prohibit all forms of forced and compulsory labor. The law prohibits slavery, exploitation, and debt bondage and voids any agreement in which violence was used to obtain consent. Violations of the law are punishable by prison terms of five to 20 years and fines ranging from 10,000 to 10 million francs ($17-$17,000). In cases of debt bondage, penalties are doubled if the offender is also the guardian or custodian of the victim. The law also extends culpability for all crimes to accomplices and corporate entities. Although the penalties were sufficient to deter violations, the government did not enforce the law effectively, due to lack of knowledge of trafficking and resources limiting labor inspection and remediation. In addition, due to the length and expense of criminal trials and the lack of protection available to victims participating in investigations against their offenders, many victims of forced or compulsory labor resorted to amicable settlement. The government, however, initiated a number of related criminal proceedings during the year and continued to place emphasis on street children considered most vulnerable to child labor, including forced labor.

There continued to be reports of hereditary servitude imposed on former slaves in some chiefdoms in the North Region. Many Kirdi, whose tribe had been enslaved by Fulani in the 1800s, continued to work for traditional Fulani rulers for compensation, while their children were free to pursue schooling and work of their choosing. Kirdi were also required to pay local chiefdom taxes to Fulani, as were all other subjects. The combination of low wages and high taxes, although legal, effectively constituted forced labor. While technically free to leave, many Kirdi remained in the hierarchical and authoritarian system because of a lack of viable options.

In the South and East Regions, some Baka, including children, continued to be subjected to unfair labor practices by Bantu farmers, who hired the Baka at exploitive wages to work on their farms during the harvest seasons.

Also see the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law generally protects children from exploitation in the workplace and specifies penalties ranging from fines to imprisonment for infringement. The law sets a minimum age of 14 for child employment, prohibits children from working at night or longer than eight hours a day, and enumerates tasks children under 18 cannot legally perform, including moving heavy objects, undertaking dangerous and unhealthy tasks, working in confined areas, and prostitution. Employers were required to train children between ages 14 and 18, and work contracts must contain a training provision for minors. The Ministry of Social Affairs and the Ministry of Labor and Social Security were responsible for enforcing child labor laws through site inspections of registered businesses. The government employed fewer than one hundred general labor inspectors, whose responsibilities included investigating child labor. Although the government did not allocate sufficient resources to support an effective inspection program, workers organizations reported child labor was not a major problem in the formal sector.

The use of child labor, including forced child labor, particularly in informal sectors, remained rampant. According to the International Labor Organization’s 2012 survey, 40 percent of children between the ages of six and 14 were engaged in economic activity; 89 percent of working children were employed in agricultural, 5 percent in commerce, and 6 percent in either industry or domestic work. Children working in agriculture frequently were involved in clearing and tilling the soil and harvesting crops, such as bananas and cocoa. In the service sector, children worked as domestic servants and street vendors. Children worked at artisanal mining sites under dangerous conditions. Children were also used as beggars. According to anecdotal reports, child labor was prevalent in the building construction sector, especially the use of refugee children. Chinese firms also reportedly resorted to child labor in the manufacture of children’s shoes.

Parents viewed child labor as both a tradition and a rite of passage. Relatives often exploited rural youth, especially girls, as domestic helpers under the pretense of allowing them to attend school. In rural areas many children began work at an early age on family farms. The cocoa industry and cattle-rearing sector also employed child laborers. These children originated, for the most part, from the three northern and the Northwest regions.

Also see the Department of Labor’sFindings on the Worst Forms of Child Laboratwww.dol.gov/ilab/reports/child-labor/findings/.

d. Discrimination with Respect to Employment and Occupation

The law does not explicitly prohibit discrimination in employment or occupation based on race, color, sex, religion, political opinion, national origin or citizenship, disability, age, or language. The law does not specifically protect against discrimination based on sexual orientation, gender identity, HIV status, other communicable diseases, or social status. The constitution, however, states that all individuals have the right and the obligation to work.

The government generally attempted to enforce these legal requirements, but the large percentage of the population employed in the informal sector made effective enforcement difficult. Discrimination in employment and occupation occurred with respect to ethnicity, HIV status, disability, and sexual orientation, especially in the private sector. Ethnic groups commonly gave preferential treatment to fellow ethnic group members in business and social practices, and persons with disabilities reportedly found it difficult to secure employment. There were no reliable reports of discrimination against internal migrant or foreign migrant workers, although anecdotal reports suggested such workers were vulnerable to unfair working conditions. During the year, however, anecdotal reports highlighted only one case of discrimination with respect to employment, involving a West Region-based agribusiness entity. The government did not report publicly or privately on its efforts to prevent or eliminate employment discrimination during the year.

e. Acceptable Conditions of Work

The minimum wage in all sectors was raised to 36,270 CFA francs ($62) per month, up from 28,246 CFA francs ($48). The law establishes a standard workweek of 40 hours in public and private nonagricultural firms and a total of 2,400 hours per year, with the maximum limit of 48 hours per week in agricultural and related activities. There are exceptions for guards and firefighters (56 hours a week), service-sector staff (45 hours), and household and restaurant staff (54 hours). The law mandates at least 24 consecutive hours of weekly rest. Premium pay for overtime ranges from 120 to 150 percent of the hourly pay, depending on the amount of overtime and whether it is weekend or late-night overtime. There is a prohibition on excessive compulsory service.

The law mandates paid leave at the employer’s expense at the rate of one and one-half working days for each month of actual service. A maximum of 10 days per year of paid special leave, not deductible from annual leave, is granted to workers on the occasion of family events directly concerning their own home. For persons under age 18, the leave accrues at the rate of two and one-half days per month of service. For mothers the leave is increased by either two working days for each child under six years of age on the date of departure on leave, where the child is officially registered and lives in the household, or one day only if the mother’s accrued leave does not exceed six days. The leave is increased depending on the worker’s length of service with the employer by two working days for each full period whether continuous or not of five years of service. For mothers, this increase is in addition to the one described above.

The government sets health and safety standards in the workplace. The minister in charge of labor establishes the list of occupational diseases in consultation with the National Commission on Industrial Hygiene and Safety. These laws were not enforced in the informal sector. The labor code also mandates that every enterprise and establishment of any kind, whether public or private, secular or religious, civilian or military, including those belonging to trade unions or professional associations, provide medical and health services for their employees. This stipulation was not enforced. The Ministry of Labor and Social Security is responsible for national enforcement of the minimum wage and work-hour standards. Ministry inspectors and occupational health physicians are responsible for monitoring health and safety standards, but the ministry lacked the resources for a comprehensive inspection program.

Despite the minimum wage law, employers often negotiated with workers for lower salaries, in part due to the high rate of unemployment in the country. Salaries lower than the minimum wage remained prevalent in the public works sector, where many positions required unskilled labor, as well as in the domestic work sector, where female refugees were allegedly vulnerable to unfair labor practices.

By law workers can remove themselves from situations that endangered health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations.

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

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

Members of the Central Office for the Repression of Banditry (OCRB), a police anticrime unit, conducted extrajudicial killings near Bangui. International nongovernmental organization (NGO) Human Rights Watch (HRW) reported 18 extrajudicial killings allegedly committed by the OCRB between April 2015 and March. For example, on January 27, witnesses told HRW that OCRB members apprehended and unlawfully killed a market vendor. Led by Colonel Robert Yekoua-Kette, the OCRB was largely composed of soldiers of the Central African Armed Forces (FACA) who operated as police officers. In June the government removed Colonel Yekoua-Kette as commander of the OCRB but failed to investigate or punish suspected OCRB perpetrators.

Armed rebel groups, particularly members of the various factions of ex-Seleka and anti-Balaka, killed civilians, especially persons suspected of being members or sympathizers of opposing parties in the conflict (see section 1.g.). The killings, often reprisals in nature, included summary executions and deliberate and indiscriminate attacks on civilians.

The Lord’s Resistance Army (LRA), a Ugandan rebel group that operated in eastern regions of the country, and other armed groups, including Reclamation, Return, and Rehabilitation (3R), Revolution and Justice (RJ), and the Democratic Front of the Central African People, were responsible for civilian killings (see section 1.g.).

Ethnic killings related to cattle theft occurred (see section 6).

b. Disappearance

There were reports forces from the ex-Seleka, anti-Balaka, and other armed groups were responsible for politically motivated disappearances. Those abducted included police and civilians (see section 1.g.).

There were many reports of disappearances committed by the LRA for the purpose of recruitment and extortion (see section 1.g.).

In June 2015 the UN Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) issued a statement regretting the lack of progress by the Republic of the Congo government in the investigation of the disappearances following the arrest of persons from a private home in Boali in 2014. In June, HRW reported the discovery of a mass grave near a peacekeeping base in Boali, exhumed on February 16. The grave contained the remains of 12 persons identified as those detained by the Republic of the Congo peacekeepers. The Congolese government conducted no known investigations.

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

Although the law prohibits torture and specifies punishment for those found guilty of physical abuse, there were several reports government officials employed them.

The UN independent expert on the situation of human rights in the Central African Republic and HRW reported allegations that security forces, particularly members of the OCRB, mistreated individuals in pretrial detention and during the arrest of suspected criminals. For example, on April 28, the OCRB arrested a former anti-Balaka fighter accused of armed robbery. Former OCRB commander Yekoua-Kette ordered his men to beat the arrestee in public.

In February the government arrested a member of the FACA guarding Bimbo Women’s Prison, near Bangui, for the alleged rape of a 16-year-old girl in the prison. On March 3, the suspect was remanded into custody and placed in Ngaragba Prison; he had not been brought before a judicial authority by year’s end. In March the UN independent expert expressed concern over allegations of rape of detainees at Bimbo Women’s Prison and raised the issue with the public prosecutor. MINUSCA subsequently took charge of national prison staffing in Bangui and Bouar and trained female prison officers to manage Bimbo Women’s Prison.

Forces from the ex-Seleka, anti-Balaka, LRA, and other armed groups abused, raped, and tortured civilians with impunity. Deaths due to torture occurred (see section 1.g.).

The United Nations reported it had received 50 allegations during the year (as of December 20) of sexual exploitation and abuse (SEA) by UN peacekeepers deployed to MINUSCA, with 16 alleged incidents occurring in 2016, 31 in 2015, one in 2014, and two for which the dates of the alleged incidents were unknown. These allegations involved peacekeepers from Burundi, Cameroon, the Democratic Republic of the Congo, Gabon, Mauritania, Morocco, Pakistan, the Republic of the Congo, and Zambia. Of the 50 allegations, 34 involved minors, 43 remained pending investigation by the United Nations or the troop or police contributing country at year’s end, and four allegations were found to be unsubstantiated. Three investigations substantiated the allegations and resulted in a one-year sentence for a peacekeeper from Bangladesh for sexually abusing a minor, a court-martial and five-year sentence for an Egyptian peacekeeper for sexually assaulting an adult, and 45 days’ imprisonment for a Gabonese peacekeeper for sexual activity with a minor.

UN Secretary-General Ban Ki-moon called on all countries that contribute peacekeepers to increase predeployment education and human rights training, enhance vetting procedures, conduct rapid and effective investigations, ensure consistent penalties for offenders, increase assistance to victims, and strengthen reporting of cases of sexual exploitation and abuse.

On December 5, the United Nations announced that its Office of Internal Oversight Services (OIOS) had completed an internal investigation into more than 100 allegations of sexual abuse by UN peacekeepers deployed in Dekoa, Kemo Prefecture, in 2014-15. During the investigation, which began in April, OIOS interviewed 139 persons and found that 45 were able to identify, via photographs and other corroborating evidence, 41 alleged perpetrators–16 of whom were from Gabon and 25 from Burundi. Of the 45 alleged victims, 25 were minors. Eight alleged victims, including six minors, made paternity claims. The United Nations announced it had shared the OIOS report with Gabon and Burundi, including the names of the identified alleged perpetrators, and requested appropriate judicial actions to ensure criminal accountability. The United Nations reported the alleged perpetrators had all been rotated out of the Central African Republic before the allegations surfaced. The United Nations requested a copy of the final national investigation reports to be transmitted urgently.

During the year MINUSCA continued to strengthen its prevention measures and reinforce its outreach among communities and peacekeepers across the country, especially in high-risk areas, to improve awareness and reporting on sexual exploitation and abuse and other forms of misconduct. MINUSCA also regularly monitored conditions and behavior of peacekeeping personnel and partnered with UN agencies and implementing partners in the country that provide psychosocial, medical, and legal assistance to victims of sexual exploitation and abuse.

There were credible allegations of human rights violations and abuses by members of the Uganda People’s Defense Forces (UPDF) deployed to the country since 2009 as part of the African Union Regional Task Force to counter the LRA. Preliminary investigations found at least 18 women and girls were subjected to sexual violence and harassment by UPDF members. There were an additional 14 reported cases of rape, including of victims who were minors. Several women and girls reported they had been taken from their villages by UPDF members and forced to become prostitutes or sex slaves or to marry Ugandan soldiers.

Prison and Detention Center Conditions

According to the UN independent expert, detention conditions in the country’s prisons did not generally meet international norms and were often inhuman. The government operated two prisons in or near Bangui: Ngaragba Central Prison for men (with an estimated 500 inmates) and Bimbo Women’s Prison (with an estimated 300 inmates). A combination of international peacekeepers, FACA troops, and judicial police guarded the men’s prison and its perimeter, while female prison officers, trained by MINUSCA and the Ministry of Justice, guarded the women’s prison. There were also staffed prisons in 10 other towns. Conditions in other prisons not emptied or destroyed by recent conflict were life threatening and substantially below international standards. Basic necessities, including food, clothing, and medicine, were inadequate and often confiscated by prison officials.

MINUSCA’s contribution to prison administration resulted in a gradual demilitarization of facilities and a reduction in escapes.

Ex-Seleka and anti-Balaka forces held an unknown number of persons in illegal prisons and detention centers, but neither the government nor humanitarian agencies visited these sites, and their conditions were unknown.

Physical Conditions: Authorities sometimes held pretrial detainees with convicted prisoners and juveniles with adults. In prisons outside Bangui, it was common practice to hold men and women together.

Official prisons lacked basic sanitation and ventilation, electric lighting, basic and emergency medical care, and sufficient access to potable water. Prisoners seldom had access to health care, and disease was pervasive. In the women’s prison, authorities divided inmates into three large rooms with no ventilation or electric lighting, and all, including pregnant women, slept on thin straw mats on concrete floors.

Administration: There was no centralized recordkeeping system to track the number of prisoners. There was no ombudsman system. Prison detainees have the right to submit complaints of mistreatment, but victims rarely did so, due to lack of a functioning formal complaint mechanism and fear of retaliation by prison officials. Authorities seldom initiated investigations of abuse in the prisons.

Independent Monitoring: The government permitted monitoring by independent observers, including the UN independent expert in March.

d. Arbitrary Arrest or Detention

The law provides protection against arbitrary arrest and detention and accords detainees the right to a judicial determination of the legality of their detention, but the government did not always observe these prohibitions. In the territories they controlled, the ex-Seleka and anti-Balaka also ignored such provisions, and arbitrary arrest and detention remained serious problems throughout the country.

ROLE OF THE POLICE AND SECURITY APPARATUS

The police and gendarmerie have responsibility for enforcing law and maintaining order; however, both largely were withdrawn from the interior of the country during the violence in 2013 and had limited or no presence in many areas. While the police and gendarmerie increased the number of towns in which they were present during the year, they remained poorly trained and had few functioning arms and little ammunition.

Impunity was a problem. Contributing factors included insufficient staffing and resources; corruption; unpaid salaries for the police, gendarmerie, and judiciary; and too few prisons.

In April and May, 320 police officers and agents were trained by MINUSCA’s police component on community policing, human rights, and gender-based violence (GBV). MINUSCA also trained 77 police and gendarmes, including 18 women, on human rights and the use of force.

MINUSCA had a military police force of 11,820, including 1,820 police officers. The role of MINUSCA’s police force was to protect the civilian population from physical violence within its capabilities and areas of deployment. MINUSCA police had the authority to make arrests and transfer persons to national authorities but not to investigate cases.

On July 16, the EU launched its military training mission in the country. The mission contributed to defining the overall approach of the EU to security-sector reform.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Judicial warrants are not required for arrest. The law stipulates persons detained in cases other than those involving national security must be informed of the charges against them and brought before a magistrate within 72 hours. This period is renewable once, for a total of 144 hours, but authorities often did not respect these deadlines, in part due to inefficient judicial procedures and a lack of judges.

The bail system did not function. Authorities sometimes followed legal procedures in cases managed by gendarmes or local police. Lawyers continued to work and were sometimes accessible. For individuals detained by ex-Seleka and anti-Balaka and placed in illegal detention centers, legal procedures were not followed, and access to lawyers was not provided.

The prosecution of persons subject to sanctions was minimal, although arrest warrants reportedly were issued for several sanctioned individuals.

Arbitrary Arrest: The constitution prohibits arbitrary arrest and detention. Arbitrary arrest was a serious problem, however, and some ex-Seleka and anti-Balaka groups arbitrarily targeted and detained individuals.

Pretrial Detention: Prolonged pretrial detention was a serious problem.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: No information was available on this subject.

e. Denial of Fair Public Trial

The constitution provides for a judiciary, whose independence is guaranteed by the president. By year’s end no judges had been appointed to the Constitutional Court established by the new constitution. In 2013 the Seleka plundered the courts and destroyed records throughout the country, leaving the courts barely able to operate. Many magistrates and government workers who fled the violence in 2013 did not return to their homes during the year, especially outside the capital, due to fear for their safety. Corruption was a serious problem. Courts suffered from inefficient administration, a shortage of trained personnel, salary arrears, and a lack of resources. Authorities, particularly those of high rank, did not always respect court orders.

TRIAL PROCEDURES

The penal code presumes defendants are innocent until proven guilty. Trials are public, and defendants have the right to be present and consult a public defender. Criminal trials use juries. The law obliges the government to provide counsel for indigent defendants; this process delayed trial proceedings due to the state’s limited resources. Defendants have the right to question witnesses, present witnesses and evidence on their own behalf, access government-held evidence, and file appeals. The law extends these rights to all citizens. The transitional government sometimes complied with these requirements. Defendants have the right to be informed promptly and in detail of the charges (with free interpretation as necessary from the moment charged through all appeals), to receive adequate time and facilities to prepare a defense, and not to be compelled to testify or confess guilt. Authorities seldom respected these rights.

The government reiterated its desire to establish the Special Criminal Court. The selection committee for national magistrates was established and the operating budget for the first 18 months was approved.

In June the International Criminal Court sentenced the former leader of the Movement for the Liberation of Congo, Jean-Pierre Bemba, to 18 years’ imprisonment for war crimes and crimes against humanity committed by his troops in the country in 2002-03.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The constitution provides for an independent judiciary in civil matters, but citizens had limited access to courts to bring lawsuits seeking damages for, or cessation of, a human rights violation. There is no system for the protection of victims and witnesses, who faced intimidation and insecurity. Civil society organizations claimed victims, who often lived side-by-side with perpetrators, were unable to testify against perpetrators, especially since there was no guarantee of a credible judicial process.

The Criminal Court held its annual session in August and September. Some 55 cases were on the docket, many with multiple defendants, including trials for murder, criminal conspiracy, illegal retention of weapons of war, misappropriation of public funds, rape, and witchcraft.

For example, the court sentenced Honniset Sabin, Olivier Ngala, and Ghislain Kolet in absentia to 20 years’ imprisonment for conspiracy and armed robbery. A warrant was issued for their arrest.

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

The law prohibits searches of homes without a warrant in civil and criminal cases, and there were no reports the government failed to respect these prohibitions.

The country’s administrative and commercial infrastructure remained significantly damaged or destroyed due to widespread looting and pillaging in 2013.

Serious violations of human rights and international humanitarian law, including unlawful killings, torture and other mistreatment, abductions, sexual assaults, looting, and destruction of property were perpetrated by all armed groups in the conflict, including the ex-Seleka and the anti-Balaka, whose fighters operated freely across much of the country, facilitated by the widespread circulation of small arms.

In February armed Fulani (Peulh) herders, at times supported by ex-Seleka and anti-Balaka fighters, attacked civilians along a corridor used for the seasonal movement of livestock in the central regions, leading to temporary mass displacement of populations in the towns of Kouango, Kaga Bandoro, and Batangafo.

Killings: Attacks by armed groups resulted in numerous civilian casualties. For example, on January 5, outside the village of Pakam, in Nana Mambere Prefecture, armed Peulh affiliated with the 3R group led by self-proclaimed Colonel Siddiki reportedly shot and killed a civilian before burning the body. The same group allegedly was responsible for the death of two men on March 21 during an attack on the village of Ngouvota, near Kaga Bandoro. On March 4, members of the ex-Seleka UPC allegedly killed three women from the same family who were returning from their fields five miles from Bambari; the killings were in retaliation for the deaths of two UPC members.

Beginning in May localized communal violence increased in the North. The movement of nomadic herders in the Northwest sparked tensions, including in Ngaoundaye, in Pende, Ouham Prefecture, after a refusal by residents to allow herders to cross their land. Violence in Ngaoundaye on June 15 resulted in at least 10 deaths, destroyed houses, and the displacement of thousands of persons to surrounding towns, as well as to neighboring Cameroon and Chad, according to the United Nations.

In June and July, a series of attacks by armed groups occurred in and outside of Bangui. On June 20, for example, armed fighters clashed with MINUSCA soldiers in Bangui’s PK-5 area, which resulted in the deaths of six armed men and 15 civilians. On June 24, unidentified assailants killed a Senegalese peacekeeper. In early July clashes between the different ex-Seleka factions in Kaga Bandoro forced civilians to seek protection in camps for internally displaced persons (IDPs) protected by international forces. Since mid-June the Office of the UN High Commissioner for Refugees (UNHCR) registered more than 6,000 new refugees from the Central African Republic in Chad and Cameroon.

On September 16, the UN Office for the Coordination of Humanitarian Affairs reported attacks in Kouango that resulted in 19 deaths, 380 houses burned, and populations from 11 villages fleeing.

The LRA also killed civilians during the year, targeting in particular the Haute-Kotto and Mbomou prefectures. Attacks against civilians since the beginning of the year included killings, abductions, and GBV. Between January and April, the LRA abducted more than 290 persons, including 60 children. Thousands of civilians were displaced.

Abductions: The LRA, ex-Seleka, anti-Balaka, and other armed groups abducted numerous persons. According to MINUSCA, abductions and hostage taking were used to extort money from relatives, press authorities into releasing their incarcerated colleagues, and intimidate populations into allowing armed groups to impose authority.

On June 19, the armed group in Bangui’s PK-5 area led by Abdoulaye Issene held six police officers hostage for five days. Earlier security force members arrested armed Fulani (Peulh) herders who were bringing their cattle into Bangui, which spiraled into reprisal attacks against the police. After several days of government negotiations, the hostages were released unharmed, with MINUSCA facilitating their handover.

Kidnappings by the LRA reportedly increased. The LRA significantly stepped up its activity in the eastern region, especially in the mining areas east of Bria, in the Haute-Kotto Prefecture, and along the Mbomou River between the towns of Rafai and Obo. According to an international NGO, the LRA was responsible for 42 incidents, six civilian fatalities, and 252 civilian abductions in the country in the first quarter.

Physical Abuse, Punishment, and Torture: The ex-Seleka and forces associated with anti-Balaka groups reportedly tortured, beat, and raped civilians in the course of the conflict.

Members of armed groups reportedly continued to rape girls and women with impunity. For example, on February 23, four armed men affiliated with the RJ movement gang-raped a 14-year-old girl who was returning home on foot in the village of Pende, Ouham and afterward attacked her with machetes. On February 26, an anti-Balaka leader raped a pregnant 25-year-old woman in the Batangafo, Ouham IDP camp before beating her husband and two other persons who were trying to protect her. MINUSCA arrested the attacker.

Between January and August, at least 110 persons were accused of witchcraft or quackery. Suspected individuals were often subject to arbitrary arrests and executions by members of armed groups, lynching by a mob, or expulsion from their communities.

There were reports peacekeeping forces, including MINUSCA and international contingents, exploited women and children, although some of the reports referred to cases that occurred prior to 2016 (see section 1.c.).

Child Soldiers: Reports of use of child soldiers continued during the year. According to estimates by the UN Children’s Fund (UNICEF), between 6,000 and 10,000 child soldiers were recruited during the latest conflict through 2015; some remained with armed groups. NGOs reported children recruited by armed groups were sent to fight, used for sexual purposes, and used as cooks, porters, or messengers. According to the UN independent expert, the LRA forced children to commit atrocities such as looting and burning villages, killing village residents, and abducting or killing other children.

According to the 2016Report of the Secretary-General on Children and Armed Conflict, the United Nations documented 40 cases of child recruitment and use in 2015; more than half the cases were perpetrated by the LRA and more than a quarter by ex-Seleka faction the UPC. Armed groups forced children to be combatants, messengers, informants, and cooks. Girls also were used as sex slaves. In addition the United Nations documented the presence of children manning checkpoints and barricades alongside armed individuals reportedly sympathetic to or affiliated with anti-Balaka and ex- Seleka elements.

Also see the Department of State’s annualTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

a. Freedom of Speech and Press

The constitution and law provide for freedom of speech and press, and the government generally respected these rights.

Press and Media Freedoms: All print media in the country were privately owned. Radio was the most important medium of mass communication. There were a number of alternatives to the state-owned radio station, Radio Centrafrique. Independent radio stations operated freely and broadcast organized debates and call-in talk shows critical of the government, the election process, ex-Seleka, and anti-Balaka militias. International media broadcast within the country.

The government monopolized domestic television broadcasting (this was available only in the capital and for limited hours), and television news coverage generally supported government positions.

Violence and Harassment: There were no reports of journalists being targeted for violence by the government.

Censorship or Content Restrictions: There were no reports the government attempted to censor the media. Three journalists arrested in 2014 had not been tried by year’s end. Local and international journalists used a variety of social media platforms to broadcast updates and commentary during the elections, without restriction.

INTERNET FREEDOM

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

According to the International Telecommunication Union, approximately 4 percent of the population used the internet in 2014.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no reports the transitional or newly elected government restricted academic freedom or cultural events.

Many schools remained closed or without adequate resources. The country’s sole university was open.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

The new constitution provides for the right of assembly, and the government generally respected it. Any association intending to hold a public political meeting is required to obtain the Ministry of Interior’s approval.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, and the government generally respected it. All associations, including political parties, must apply to the Ministry of Interior for registration.

A law prohibiting nonpolitical organizations from uniting for political purposes remained in place.

c. Freedom of Religion

See the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution provides for freedom of internal movement, but the government did not always respect this right.

In-country Movement: Armed groups and bandits made in-country movement extremely dangerous. Illegal checkpoints were frequently used by government forces, armed groups, and criminals alike to extort funds. Muslims were often targeted for attacks, including truck drivers.

INTERNALLY DISPLACED PERSONS

Ex-Seleka and anti-Balaka attacks on civilians and fighting between armed groups displaced at least 922,000 persons at the height of the conflict in January 2014. As the security situation improved during the last two years, hundreds of thousands of IDPs returned to their homes. According to an August 2016 UNHCR report, there were more than 385,000 IDPs across the country. Destruction of homes and insecurity were the most widely cited reasons for continued displacement.

Displaced persons in Muslim enclaves continued to be especially vulnerable to violence by armed groups, in particular in Bambari and Batangafo.

The government provided assistance to IDPs and returnees. The government allowed humanitarian organizations to provide services, although security concerns sometimes prevented organizations from operating in areas previously controlled by the Seleka, and targeted attacks on humanitarian operations impeded their ability to access some populations.

On May 14, the president and prime minister visited the M’Poko and Bimbo camps for displaced persons. In June, during her meeting with the minister for social affairs and national reconciliation, the UN independent expert stated priority would be given to relocating the M’Poko camp and to identifying appropriate action to ensure returns are carried out in accordance with international standards. In December the government announced the closure of the IDP camp at M’Poko International Airport and began distributing cash payments to residents willing to leave. As of December 27, 446 IDPs had departed the site.

According to the Association of Women Lawyers of Central Africa (AFJC), sexual and gender-based violence in IDP camps was widespread.

With an improving security situation in the capital, some Muslims returned to Bangui.

There were reports of sexual exploitation of children and the inappropriate use of force in IDP camps by international and MINUSCA peacekeeping forces during the year (see section 1.c.).

PROTECTION OF REFUGEES

Access to Asylum: The laws provide for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The Subcommission on Eligibility, however, had not held sessions since 2009, which contributed to a growing backlog of asylum applications.

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

Elections and Political Participation

Recent Elections: After several postponements, the country held a constitutional referendum in December 2015 followed by the first round of presidential and legislative elections. None of the 30 presidential candidates obtained more than 50 percent of the votes required to avoid a second round, which was held on February 14. On January 25, the Transitional Constitutional Court annulled the December 30 legislative elections–due to widespread irregularities and voter intimidation and fraud–and ordered new elections. The rescheduled first-round legislative elections also took place on February 14, with a second round held on March 31. The National Assembly was seated on May 3; elections for the Senate were not held, and no date for them was announced. Central African refugees and members of the diaspora in some neighboring states were able to participate in the elections.

The December 2015 constitutional referendum led to the adoption of a new constitution, with 93 percent of the votes cast in favor; voter turnout was 38 percent.

The first round of presidential and legislative elections took place in December 2015 with a turnout of 62 percent. Refugees located in Cameroon, the Republic of the Congo, and Chad were able to vote. The Democratic Republic of the Congo, however, did not allow the estimated 112,000 Central African refugees on its territory to vote.

A total of 415 appeals were lodged contesting the results of the legislative elections, leading the Transitional Constitutional Court to invalidate the ballot and to require a new first round of elections. The appeals were based primarily on allegations of irregularities and fraud, corruption, and intimidation of voters and candidates. The second round of the presidential election and the new first round of the legislative elections took place on February 14. Observers noted a marked improvement in the conduct of the ballot, as the majority of polling stations opened on time and were properly equipped. The Transitional Constitutional Court announced the final results of the presidential election on March 1, confirming the victory of independent candidate Faustin-Archange Touadera with 62.7 percent of the vote over Anicet-George Dologuele, who had 37.3 percent of the vote. The turnout was 58.9 percent. Dologuele quickly conceded defeat and called upon his supporters to accept the results of the ballot. The inauguration of President Touadera took place on March 30.

Participation of Women and Minorities: Four of the 23 cabinet members were women, as were the senior presidential advisors for agriculture and national reconciliation. On April 23, the Constitutional Court announced the provisional results of the second round of the legislative elections and confirmed the election of 128 members of parliament, including 11 women. Some observers believed traditional attitudes and cultural practices limited the ability of women to participate in political life on the same basis as men.

There were four Muslim members, including one Fulani member, of the cabinet.

Although the law provides criminal penalties for corruption by officials, the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. The World Bank’s 2015 Worldwide Governance Indicators reflected corruption was a severe problem.

Financial Disclosure: The constitution requires senior members of the executive, legislative, and judicial branches at the beginning of their terms to declare publicly their personal assets and income for scrutiny by the constitutional court. The constitution specifies that the law determines sanctions for noncompliance. Declarations are public. The constitution requires ministers to declare their assets upon departing government but is not explicit on what constitutes assets or income.

Public Access to Information: The constitution stipulates that every citizen has the right to access government information, which is published in theOfficial Gazette, the newspaper that publishes official decrees and laws. The provision was effectively implemented: TheOfficial Gazetteis published at least monthly, and print copies are available for purchase.

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

On April 14, the president began a series of discussions with the leaders of the armed factions to keep channels of communication open and to pave the way for a national program of disarmament, demobilization, reintegration, and repatriation (DDRR), funded by international partners. A special presidential advisor for security-sector reform (SSR), DDRR, and national reconciliation was appointed in May, and the president initiated a national framework for SSR, DDRR, and national reconciliation in July. In October the president convened the first meeting of the national DDRR consultative committee, which included representatives from 11 of 14 armed groups. In late June, however, the UN independent expert noted the discussions had not led to the conclusion of clear agreements on disarming armed groups and dismantling of militias.

Government Human Rights Bodies: A Joint Commission of Inquiry established in 2013 with a mandate to investigate human rights violations committed in the country since 2004 lacked resources and was not operational during the year.

Women

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

Between January and October 2015, the UN Population Fund reported the GBV Information Management System, established in 2014, recorded 60,208 GBV survivors, who received medical or psychosocial care or both. Among those were 29,801 cases of sexual violence, including rape, gang rape, sexual slavery, sexual exploitation and abuse, and sexual aggression. In 2014 the International Rescue Committee reported more than two-thirds of 125 women surveyed in Bangui had been gang raped, primarily by members of armed groups (see section 1.g.).

Although the law does not specifically mention spousal abuse, it prohibits violence against any person and provides for penalties of up to 10 years in prison. Domestic violence against women was common. A legal aid center in Bimbo for sexual and gender-based crimes reported receiving approximately 10 cases a week. The law considers spousal abuse a civil matter unless the injury is severe. According to the AFJC, victims of domestic abuse seldom reported incidents to authorities.

The government took no known action to punish perpetrators or otherwise combat rape and domestic violence.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for women and girls, which is punishable by two to five years’ imprisonment and a fine of 100,000 to one million CFA francs ($170 to $1,700), depending on the severity of the case. Approximately 24 percent of girls and women between ages 15 and 49 had been cut, according to multiple indicator cluster surveys reported by UNICEF in 2010; of that number 52 percent had undergone the procedure between ages 10 and 14. The government broadcast public awareness announcements concerning FGM/C on public radio.

Other Harmful Traditional Practices: Women, especially the very old and those without family, were in many cases accused of witchcraft (see section 6, Other Societal Violence or Discrimination).

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

Reproductive Rights: Couples and individuals have the right to decide freely and responsibly the number, spacing, and timing of children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. Nevertheless, most couples lacked access to contraception, skilled attendance during childbirth, prenatal care, and essential obstetric care and postpartum care. According to estimates from the UN Population Fund, the maternal mortality rate remained extremely high: 500 to 999 deaths for every 100,000 live births in 2015. With only 0.08 physicians per thousand residents, most births were unattended by qualified medical professionals, resulting in poor outcomes. UN sources estimated that in 2015 a woman’s lifetime risk of maternal death was one in 27.

Discrimination: The formal law does not discriminate against women in inheritance and property rights, but a number of discriminatory customary laws often prevailed. Women’s statutory inheritance rights often were not respected, particularly in rural areas. Women experienced economic and social discrimination. Customary law does not consider single, divorced, or widowed women, including those with children, to be heads of households. By law men and women are entitled to family subsidies from the government, but several women’s groups complained about lack of access to these payments for women. Women’s access to educational opportunities and jobs, particularly at higher levels in their professions or in government service, remained limited. Some women reported economic discrimination in access to credit due to lack of collateral, but there were no reports of discrimination in pay equity or owning or managing a business.

The government did not take any steps during the year to combat discrimination against women. The AFJC advised women of their legal rights and how best to defend them. The AFJC filed an increased number of complaints during the year.

Children

Birth Registration: Children derive citizenship by birth in the national territory or from one or both parents. Birth registration could be difficult and less likely to occur in regions with little government presence. Parents did not always register births immediately. Unregistered children faced restrictions on access to education and other social services. The lack of routine birth registration also posed long-term problems. The UN Committee on the Rights of the Child expressed concern over the low levels of birth registration, which led to violations of the right to a nationality for children whose births were not registered.

Education: Education is compulsory from six to 15 years of age. Tuition is free, but students have to pay for items such as books and supplies, and for transportation. In 2015, according to UNICEF, 38 percent of schools were attacked or looted during the crisis, and one-third of school-age children did not go to school. Girls did not have equal access to primary or secondary education. Few Ba’aka, the earliest known inhabitants of the forests in the south, attended primary school. Some local and international NGOs made efforts, with little success, to increase Ba’aka enrollment in schools; there was no significant government assistance for these efforts.

According to an NGO nationwide survey in 2015, between 78 and 88 percent of schools were open. According to the United Nations, an estimated 10,000 children were prevented from attending school during the year, mostly due to schools being occupied by armed groups.

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

Early and Forced Marriage: The law establishes 18 as the minimum age for civil marriage. Nonetheless, an estimated 68 percent of women between ages 20 and 24 were married before age 18 and 29 percent before age 15, according to UNICEF data collected between 2005 and 2013. UNICEF reported forced marriages were on the rise among young girls in rural areas where the government lacked authority. The government did not take steps to address forced marriage. The practice of early marriage was more common in the Muslim community. There were reports during the year of forced marriages of young girls to ex-Seleka and anti-Balaka members.

Female Genital Mutilation/Cutting (FGM/C): See information for girls under 18 in women’s section above.

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

In the first half of the year, NGOs reported the LRA continued to target and abduct children. Abducted girls often were kept as sex slaves (see section 1.c.).

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

There were reports of sexual exploitation of children and the inappropriate use of force by international and MINUSCA peacekeeping forces during the year (see section 1.c.).

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

Displaced Children: Armed conflict resulted in forced displacement, with the number of persons fleeing in search of protection fluctuating based on local conditions. Prior to the Seleka takeover in 2013, there were more than 6,000 street children between ages five and 18, including an estimated 3,000 in Bangui, according to data collected by the Ministry of Family and Social Affairs. Observers believed that HIV/AIDS and societal belief in sorcery, particularly in rural areas, contributed to the large number of street children. An estimated 300,000 children had lost one or both parents to HIV/AIDS, and children accused of sorcery (often reportedly in connection with HIV/AIDS-related deaths in their neighborhoods) frequently were expelled from their households and were sometimes subjected to societal violence.

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

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’sAnnual Report on International Parental Child Abductionattravel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

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

Trafficking in Persons

See the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

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

The government did not enact programs to ensure access to buildings, information, and communications. No information was available on whether any children with disabilities attended school during the year. The Ministry of Labor’s Labor Inspectorate has responsibility for protecting children with disabilities.

When persons with disabilities reached IDP camps, they faced difficulties accessing sanitation, food, and medical assistance.

National/Racial/Ethnic Minorities

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

Indigenous People

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

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

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

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

The penal code criminalizes consensual same-sex sexual activity. The penalty for “public expression of love” between persons of the same sex is imprisonment for six months to two years or a fine of between 150,000 and 600,000 CFA francs ($255 and $1,022). When one of the participants is a child, the adult may be sentenced to two to five years’ imprisonment or a fine of 100,000 to 800,000 CFA francs ($170 and $1,362); however, there were no reports police arrested or detained persons under these provisions.

While official discrimination based on sexual orientation occurred, there were no reports the government targeted gays and lesbians. Societal discrimination against LGBTI persons was entrenched due to a high degree of cultural stigmatization and social pressure to conform to a heterosexual lifestyle. Many citizens attributed the existence of hom*osexual activity to undue Western influence. There were no reports of LGBTI persons targeted for acts of violence, although the absence of reports could reflect cultural biases and stigma attached to being an LGBTI individual. There were no known organizations advocating for or working on behalf of LGBTI persons.

HIV and AIDS Social Stigma

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

Other Societal Violence or Discrimination

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

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

Ethnic killings related to cattle theft occurred.

According to the UN independent expert, there were numerous credible reports that “persons accused of witchcraft have been detained, tortured, or killed by individuals or members of armed groups, particularly in the west of the country.” Accusations of witchcraft were usually brought against members of the most vulnerable population groups, including women, the elderly, children, persons with disabilities, and persons with albinism. According to the independent expert, “Persons suspected of witchcraft also were victims of mob justice, often carried out by anti-Balaka militias with the complicity of local authorities.”

According to an international NGO, between January and August, at least 110 persons were accused of witchcraft or quackery. These persons were subject to arbitrary arrests, executions by members of armed groups, killing by a mob, or expulsion from their communities.

For example, in Bossangoa, between August 6 and 15, three women accused of witchcraft were victims of vigilante violence. One of the three was seriously injured and transported to the local district hospital; the other two were kidnapped and released following the intervention of international forces.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, except for senior-level state employees, all security force members, and foreign workers in residence for less than two years, to form or join unions without prior authorization. The labor code provides for the right of workers to organize and administer trade unions without employer interference and grants trade unions full legal status. The law requires union officials be full-time, wage-earning employees in their occupation and allows them to conduct union business during working hours if the employer is informed 48 hours in advance and provides authorization. Substantial restrictions, including reciprocity, hampered noncitizens from holding leadership positions in a union, despite amendments to the labor code.

Workers have the right to strike in both the public and private sectors, but the law prohibits security forces, including the armed forces and gendarmes, from striking. Requirements for conducting a legal strike are lengthy and cumbersome. To be legal, strikes must be preceded by the union’s presentation of demands, the employer’s response to these demands, a conciliation meeting between labor and management, and a finding by an arbitration council that the union and the employer failed to reach agreement on valid demands. The union must provide eight days’ advance written notification of a planned strike. The law states that if employers initiate a lockout that is not in accordance with the code, the employer is required to pay workers for all days of the lockout. The Ministry of Labor and Civil Service has the authority to establish a list of enterprises that are required by law to maintain a “compulsory minimum service” in the event of a strike. The government has the power of requisition or the authority to end strikes by invoking the public interest. The code makes no other provisions regarding sanctions on employers for acting against strikers.

The law expressly forbids antiunion discrimination. The labor code provides that unions may bargain collectively in the public and private sectors, and it provides workers protection from employer interference in the administration of a union.

Employees may have their cases heard in labor court. The law does not state whether employers found guilty of antiunion discrimination are required to reinstate workers fired for union activities, although the law requires employers found guilty of such discrimination to pay damages, including back pay and lost wages.

The transitional government and the government generally enforced applicable laws and respected laws concerning labor actions. Workers exercised some of these rights, but only a relatively small part of the workforce, primarily civil servants, exercised the right to join a union. While worker organizations are officially outside government or political parties, the government exerted some influence over the leadership of some organizations.

Labor unions did not report any underlying patterns of discrimination or abuse. The president of the labor court stated the court did not hear any cases involving antiunion discrimination during the year.

Collective bargaining occurred in the private sector during the year, although the total number of collective agreements concluded was unknown. Neither the transitional government nor the government was generally involved if the two parties were able to reach an agreement. Information was unavailable on the effectiveness of collective bargaining in the private sector.

b. Prohibition of Forced or Compulsory Labor

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

Also see the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The labor code forbids the employment of children younger than age 14 without specific authorization from the Ministry of Labor and Civil Service, but the law also provides that the minimum age for employment can be as young as age 12 for some types of light work in traditional agricultural activities or home services. The law prohibits children younger than age 18 from performing hazardous work or working at night. Although the law defines hazardous work as any employment that endangers children’s physical and mental health, it does not define the worst forms of child labor. The mining code specifically prohibits child or underage labor.

Neither the transitional government nor the government enforced child labor laws. The government trained police, military, and civilians on child rights and protection, but trainees lacked resources to conduct investigations. The government had numerous policies related to child labor, including those to end the sexual exploitation and abuse of children and the recruitment and use of children in armed conflict, but there was no evidence of programs to eliminate or prevent child labor, including its worst forms. Five labor inspectors were specifically trained to investigate child labor. Penalties were not sufficient to deter violations.

Child labor was common in many sectors of the economy, especially in rural areas. Children continued to perform hazardous work and labored as child soldiers. No known victims were removed from the worst forms of child labor during the year.

Local and displaced children as young as age seven frequently performed agricultural work, including harvesting peanuts and cassava and helping gather items subsequently sold at markets, such as mushrooms, hay, firewood, and caterpillars. In Bangui many of the city’s street children worked as street vendors. Children often worked as domestic workers, fishermen, and in mines, often in dangerous conditions. Children also worked in the diamond fields alongside adult relatives, transporting and washing gravel as well as mining gold, digging holes, and carrying heavy loads. Despite the law prohibiting child labor in mining, observers saw many children working in and around diamond mining fields.

Although there were no reports ex-Seleka and anti-Balaka recruited child soldiers during the year, both groups continued using child soldiers (see section 1.g.).

Also see the Department of Labor’sFindings on the Worst Forms of Child Laboratwww.dol.gov/ilab/reports/child-labor/findings/.

d. Discrimination with Respect to Employment and Occupation

It is illegal to discriminate in hiring or place of employment based on race, national or social origin, gender, opinions, or beliefs. The government did not effectively enforce the law, however. The law does not explicitly prohibit discrimination in employment and occupation based on disability, age, language, sexual orientation, gender identity, social status, HIV-positive status, or having other communicable diseases.

Discrimination against women in employment and occupation occurred in all sectors of the economy and in rural areas, where traditional practices that favor men remained widespread (see section 6).

Migrant workers experienced discrimination in employment and pay.

e. Acceptable Conditions of Work

The labor code states the minister of labor and civil service must set minimum wages in the public sector by decree. The transitional government, the country’s largest employer, set wages after consultation, but not negotiation, with government employee trade unions. The minimum wages in the private sector are established based on sector-specific collective conventions resulting from negotiations between employers and workers’ representatives in each sector. Salary and pension arrears were problems for armed forces personnel and the country’s approximately 24,000 civil servants.

The minimum wage in the private sector varied by sector and type of work. While the average monthly minimum wage remained 28,000 CFA francs ($48), it was 26,000 CFA francs ($44) for government workers and 8,500 CFA francs ($14) for agricultural workers.

The minimum wage applies only to the formal sector, leaving most of the economy unregulated in terms of wages. The law applies to foreign and migrant workers as well. Most labor was performed outside the wage and social security system in the extensive informal sector, especially by farmers in the large subsistence agricultural sector. The official estimated poverty rate was 65 percent.

The law sets a standard workweek of 40 hours for government employees and most private-sector employees. Household employees may work up to 52 hours per week. The law also requires a minimum rest period of 48 hours per week for citizen, foreign, and migrant workers. Overtime policy varied according to the workplace. Violations of overtime policy may be referred to the Ministry of Labor and Civil Service, although it was unknown whether this occurred during the year. There is no legal prohibition on excessive or compulsory overtime. The labor code, however, states employers must provide for the health and security of employees who are engaged in overtime work.

There are general laws on health and safety standards in the workplace, but the Ministry of Labor and Civil Service did not precisely define them. The labor code states a labor inspector may force an employer to correct unsafe or unhealthy work conditions.

Neither the transitional government nor the government enforced labor standards, and violations were common in all sectors of the economy. Government reports indicated only 18 of 53 labor inspectors were assigned to enforcement duties, which was insufficient to enforce compliance. Penalties were seldom enforced and were insufficient to deter violations. Employers commonly violated labor standards in agriculture and mining.

Diamond mines, which employed an estimated 400,000 persons, are subject to standards imposed by the mining code and inspection by the Miners’ Brigade. Nevertheless, monitoring efforts were underfunded and insufficient. Despite the law requiring those working in mines to be at least age 18, observers frequently saw underage diggers. Diggers often worked in open pits susceptible to collapse and generally earned a daily wage of 2,000 CFA francs ($3.41), often working seven days a week during the peak season. Diggers were employed by larger mine operators, worked in dangerous conditions at the bottom of open pits, and lacked safety equipment.

Miners, by contrast, have a share in ownership and participate in the proceeds of diamond sales. On average they earned 186,000 CFA francs ($316) per year via legal sales, but this figure varied considerably based on the scale of the mine. Often miners supplemented these earnings by either illegal diamond sales or wages from other sectors of the economy. No credible information was available regarding workplace injuries and deaths.

If information exists about dangerous working conditions, the law provides that workers may remove themselves without jeopardy to their employment. In such instances the labor inspector notifies the employer and requires that conditions be addressed within four working days. The high unemployment and poverty rates deterred workers from exercising this right.

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

There were reports the government or its agents committed arbitrary and unlawful killings, including by torture. Human rights groups credibly accused security forces of killing and torturing with impunity, according to Freedom House.

Security forces used excessive force to disperse demonstrators, which resulted in deaths.

For example, on February 15, hundreds of youths marched towards the N’Djamena courthouse to demand justice for a young woman named Zouhoura, whose kidnapping and rape by male classmates earlier in the month had been posted on social media. Police Mobile Intervention Group personnel dispersed the crowd with tear gas before the crowd reached the courthouse. Meanwhile another protest broke out in front of Zouhoura’s home. As an officer of the National and Nomadic Guard of Chad (GNNT) passed by, protesters reportedly threw rocks at and barred passage of his vehicle. To disperse the crowd, the officer fired his gun into the air, but the bullet ricocheted and killed Ousmane Abachou Hassan, a demonstrator. On February 22, in the northern town of Faya Largeau, one person died and five were injured after soldiers used lethal force to disperse demonstrations in support of Zouhoura.

The government released no information on its investigation into the August 2015 killings of two detainees at Radina substation in the fifth district of N’Djamena. According to their parents, the two were arrested after they had refused to flee when a military vehicle approached, stating they had done nothing wrong. The hospital medical certificates attributed one death to “chest trauma caused by beating causing thoracic hemorrhage” and the other to “injuries caused by torture.” The two gendarmes responsible for the beatings were arrested shortly after the incident.

Interethnic violence resulted in deaths (see section 6).

Boko Haram members attacked and killed civilians in the Lake Chad Region.

For example, on January 31, in the Lake Chad area, simultaneous Boko Haram suicide attacks in the towns of Guie and Miterine resulted in three deaths and injuries to 56 persons, according to local media.

In 2015 Boko Haram suicide bombings in N’Djamena resulted in 67 civilian deaths and numerous injuries. Ten Boko Haram members were executed by firing squad, and 350 Boko Haram members reportedly remained in pretrial detention at Koro-Toro Prison.

b. Disappearance

There were reports of politically motivated disappearances, abductions, or kidnappings, and allegations the government held detainees incommunicado. Following the April 10 presidential election, there were reports of missing soldiers allegedly arrested for voting against President Deby.

Laoukein Kourayo Medard, president of the opposition Chadian Convention for Peace and Development (TCDC), reported the disappearance and arrest of several members of his party.

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

The constitution and law prohibit such practices, but there were reports government officials employed them (see section 1.a.). In itsAnnual Report 2013, Amnesty International noted that “cruel, inhuman, or degrading punishments, including beatings, continued to be widely practiced by security forces and prison guards with almost total impunity.”

More than two dozen military members reportedly were jailed and beaten in April for refusing to vote for the president.

In an interview with the press, TCDC member Dionadji Dionheur said National Security Agency (ANS) agents arrested him on April 20 and subsequently beat and tortured him. After he was detained several days, ANS agents handed him over to the Ministry of Justice and Human Rights without charge. Dionheur said he was released after his lawyers filed a request based on health grounds. At the time of the interview, he was being treated at the regional hospital at Moundou, reportedly for injuries incurred during torture.

Security forces used excessive force against demonstrators.

The United Nations reported that between January and December, it received one allegation of sexual exploitation and abuse against a Chadian peacekeeper for an alleged incident occurring during the year. The allegation involved military personnel deployed to the UN Multidimensional Integrated Stabilization Mission in Mali (MINUSMA). According to the United Nations, the allegation was pending a UN investigation at year’s end.

Prison and Detention Center Conditions

Conditions in the country’s 45 prisons remained harsh and potentially life threatening due to food shortages, gross overcrowding, physical abuse, and inadequate sanitary conditions and medical care.

Physical Conditions: Prison overcrowding was a serious problem. Despite the near doubling of the prison population since 2012, no new facilities had been constructed. Authorities did not separate juveniles from adult male prisoners and sometimes held children with their inmate mothers. Authorities did not always separate male and female prisoners, and pretrial detainees were held with convicted prisoners.

Local nongovernmental organizations (NGOs) reported food, potable water, sanitation, and health services were inadequate. Prison guards, who were not regularly paid, sometimes released prisoners if bribed. Provisions for heating, ventilation, and lighting were inadequate or nonexistent. The law stipulates a doctor must visit each prison three times a week, but authorities did not respect this provision. The few prisons that had doctors lacked medical supplies. Family members of detainees frequently provided them with food, soap, medicine, and other supplies. Forced labor in prisons occurred.

No estimate of deaths in prisons or detention centers was available.

Unlike in the previous year, there were no reports of inmate escapes or revolts due to harsh prison conditions.

From January to February 2015, a commission organized by the Ministry of Justice and Human Rights conducted an inspection of judicial and prison administration as well as prison facilities. At Amsinene Prison, the central prison in N’Djamena, the inspection team found approximately 1,300 inmates in facilities designed to hold 300. The commission discovered detainee cases that had been pending for years and cases in which persons were incarcerated without commitment orders. In its final report, the commission recommended the adoption of a number of measures, including holding special hearings to reduce time in detention; releasing prisoners whose remand time exceeded the penalty; and constructing a separate facility for juvenile detainees, to include a social reintegration center. It was unknown whether any of these recommendations had been implemented by year’s end.

Regional prisons were crumbling, overcrowded, and without adequate protection for women and youths. They reportedly received insufficient funding to feed inmates.

Administration: Due to inadequate recordkeeping and management, some individuals remained in prison after completing their sentences or after courts ordered their release. There was no prison ombudsman, and there were no functioning mechanisms by which prisoners could submit complaints about prison conditions to judicial authorities.

Prisons were severely understaffed. According to the Directorate of Prison Management and Social Reintegration, the guard force at Sarh Prison was one-third its mandated strength. In Amsinene Prison, only 30 of the 70 guard positions were filled.

Independent Monitoring: The government permitted the International Committee of the Red Cross (ICRC) to visit prisons, and the ICRC conducted such visits during the year. At the maximum security Koro-Toro Prison, where few families visited due to its distance from N’Djamena, the ICRC visited every four to six weeks.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, but the government did not always observe these prohibitions. In itsFreedom in the World 2016report, Freedom House stated security forces “routinely ignore” constitutional protections regarding detention. In itsAnnual Report 2013, Amnesty International stated, “People continued to be arrested and detained without charge.” Police and gendarmes also detained individuals for civil matters, contrary to law. Unlike in previous years, however, there were no reports that detainees were held in police cells or in secret detention facilities.

ROLE OF THE POLICE AND SECURITY APPARATUS

The military (ANT), gendarmerie, national police, GNNT, and ANS are responsible for internal security. A specialized gendarmerie unit, the Detachment for the Protection of Humanitarian Workers and Refugees (DPHR), is responsible for security in refugee camps. The ANT reports to the Ministry of Defense. The national police, GNNT, and DPHR are part of the Ministry of Public Security and Immigration. The ANS reports to the national security advisor. The National Antipoaching and Environmental Protection Mobile Brigade is part of the Ministry of Environment and Fisheries, and the Customs Mobile Brigade is part of the Ministry of Finance and Budget.

Security forces were corrupt and involved in extortion. According to media reports, police also were involved in violence and arms trafficking. Impunity was a problem. Members of the Judicial Police, an office within the national police with arrest authority, did not always enforce domestic court orders against military personnel or members of their own ethnic groups. There were isolated reports of former soldiers posing as active-duty soldiers and committing crimes with government-issued weapons.

Two gendarmerie entities, the National Judiciary Investigations Section and the Special Intervention Squad of the Gendarmerie, investigate all gendarmerie, GNNT, and army killings to determine whether they occurred in the line of duty or were otherwise justifiable. The Judicial Police investigate police killings.

The government continued efforts to reform police forces and, in partnership with the UN Children’s Fund (UNICEF), trained police and gendarmes on child rights.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Although the law requires a judge to sign and issue arrest warrants before arrests may take place, this did not always occur. By law detainees must be charged within 48 hours or released, unless the district attorney authorizes an extension of detention for investigative purposes. Nevertheless, authorities often did not make judicial determinations promptly. The law provides for bail and access to counsel, but there were cases in which authorities provided neither. In some cases authorities denied detainees visits from doctors. While the law provides for legal counsel for indigent defendants and prompt access to family members, this often did not occur. Authorities occasionally held detainees incommunicado.

Arbitrary Arrest: Security forces arbitrarily arrested journalists, demonstrators, critics of the government, and other individuals.

On March 21, security force members arrested Mahamat Nour Ahmed Ibedou, spokesperson for the coalition “Ca Suffit” (Enough), for attempting to disturb public order, opposing legitimate authority, and organizing an unauthorized, unarmed gathering; Ca Suffit had organized demonstrations during the year calling for the president to cancel his candidacy for a fifth term (see section 3). On March 22, police arrested three other prominent civil society activists aligned with Ca Suffit–Celine Narmadji, Kaina Nadjo, and Younous Mahadjir–on the same charges. On April 7, the court of N’Djamena issued six-month suspended prison sentences for the four, later reducing the sentences to four-month suspended sentences. A fifth Ca Suffit organizer, Albissaty Allazam Saleh, was summoned on April 4 and sentenced to a four-month suspended sentence on April 18.

Pretrial Detention: Lengthy pretrial detention remained a problem, despite government efforts to address it. Authorities sometimes held pretrial detainees without charge for years, particularly for felonies allegedly committed in the provinces. The length of detention sometimes equaled or exceeded the sentence for conviction of the alleged crime. Lengthy pretrial detention resulted from a weak judiciary.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The law does not provide for persons arrested or detained to challenge in court the legal basis or arbitrary nature of their detention or to obtain prompt release and compensation if found to have been unlawfully detained.

e. Denial of Fair Public Trial

Although the constitution and law provide for an independent judiciary, the judiciary was underfunded, overburdened, and subject to executive interference and corruption. Members of the judiciary sometimes received death threats or were demoted for not acquiescing to pressure from officials. Government officials, particularly members of the military, often were able to avoid prosecution. Courts generally were weak and in some areas nonexistent. Judicial authorities did not always respect court orders.

A judicial oversight commission has the power to investigate judicial decisions and address suspected injustices. The president appointed its members, increasing executive control of the judiciary.

The legal system is based on French civil law, but the constitution recognizes customary law in locales where it is long established, provided it does not interfere with public order or constitutional provisions for equality of citizens. Courts tended to blend the formal French-derived legal code with traditional practices. Local customs often superseded Napoleonic law. Residents of rural areas and refugee/internally displaced persons (IDPs) camps often lacked access to formal judicial institutions, and legal reference texts were not available outside the capital or in Arabic. In minor civil cases, the population often relied on traditional courts presided over by village chiefs, canton chiefs, or sultans. Penalties in traditional courts sometimes depended on the clan affiliations of the victim and perpetrator. Decisions of traditional courts may be appealed to a formal court.

A 2011 law provides that crimes committed by military members be tried by a military court, although as of year’s end the government had not established a military court. In the absence of a permanent military court, members of the military were tried in civilian courts.

TRIAL PROCEDURES

The law provides for a presumption of innocence. Defendants have the right to be informed promptly and in detail of the charges against them and to be provided free interpretation as necessary from the moment charged through all appeals; these rights, however, were seldom respected. Trials are public. Only criminal trials used juries, but not in politically sensitive cases. While defendants have the right to consult an attorney in a timely manner, this did not always occur. By law indigent persons have the right to legal counsel at public expense in all cases, although this seldom occurred. Human rights groups sometimes provided free counsel to indigent clients. Defendants have the right to adequate time and facilities to prepare a defense. Defendants and their attorneys have the right to question witnesses and present witnesses and evidence. Defendants and their attorneys may obtain government-held evidence if their cases are not politically sensitive, but administrative delays were common, in part because documents often were handwritten. Defendants have the right not to be compelled to testify or confess guilt, but the government did not always respect this right. Defendants have the right to appeal court decisions. The law extends these rights to all citizens.

Local leaders may apply the Islamic concept of “dia,” which involves a payment to the family of a crime victim. The practice was common in Muslim areas. Non-Muslim groups challenged the practice, asserting it was unconstitutional.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Lawsuits for human rights violations may be brought before a criminal court, but compensation is addressed by a civil court. Administrative and judicial remedies, such as mediation, are available. The judiciary was not always independent or impartial in civil matters.

PROPERTY RESTITUTION

In May and June, the government began demolishing without due process homes in several neighborhoods in eastern N’Djamena. Homes in the seventh district were demolished to widen roads, but other homes were demolished following a determination the previous mayor had sold land without authorization. The previous mayor was fired, and homeowners took steps to pursue legal action, but no law suits had been filed by year’s end. Reimbursem*nt through legal recourse takes approximately two years.

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

Although the constitution provides for the right to privacy and inviolability of the home, the government did not always respect these rights. Authorities entered homes without judicial authorization and seized private property without due process. Security forces routinely stopped citizens to extort money or confiscate goods.

A government decree prohibits possession and use of satellite telephones.

a. Freedom of Speech and Press

The constitution provides for freedom of opinion, expression, and press, but the government severely restricted these rights, according to Freedom House. Authorities used threats and legal prosecutions to curb critical reporting.

Freedom of Speech and Expression: The law prohibits “inciting racial, ethnic, or religious hatred,” which is punishable by up to two years in prison and a fine of one to three million CFA francs ($1,700 to $5,110). Despite a 2010 media law that abolished prison sentences for defamation or insult, authorities arrested and detained persons for defamation.

In August authorities banned two singers from performing on government-owned television and radio after they performed songs calling for the payment of back salaries for public-sector employees and denouncing the high cost of living.

Press and Media Freedoms: The government subsidized the only daily newspaper and owned a biweekly newspaper. Government and opposition newspapers had limited readership outside the capital due to low literacy rates and lack of distribution in rural areas.

According toFreedom in the World 2016, “broadcast media were controlled by the state, and the High Council of Communication exerted control over most content on the radio,” which remained the most important medium of mass communication. The government-owned Radiodiffusion Nationale Tchadienne had several stations. There were approximately a dozen private stations, which faced high licensing fees and threat of closure for critical coverage, according to Freedom House. The number of community radio stations that operated outside of government control continued to grow, and radio call-in programs broadcast views of callers that included criticism of the government.

The country had three television stations–one owned by the government and two that were privately owned.

Violence and Harassment: Authorities reportedly harassed, threatened, arrested, and assaulted journalists for defamation.

For example, on June 24, police arrested Madjissembaye Ngardinon, a reporter for theAbba Gardenewspaper, during an operation to evict persons in N’Djamena who had lost a legal battle with the owner of the land. According to Reporters Without Borders (RSF), Ngardinon was detained after photographing police officers subduing a woman who was resisting their efforts to evict her. In a June 20 article, Ngardinon also had criticized irregularities in the judicial handling of property disputes. Authorities initially charged Ngardinon with contempt of court, punishable by one to six months in prison, but subsequently changed the charge to “rebellion,” punishable by three months to two years in prison and a fine of up to 500,000 CFA francs ($850). RSF called the charges “trumped up” and accused the government of manipulating the criminal code to serve private interests. Ngardinon remained in prison at year’s end.

Censorship or Content Restrictions: The government penalized those who published items counter to government guidelines, sometimes by closing media outlets. Some journalists and publishers practiced self-censorship.

INTERNET FREEDOM

On April 10, the day of the presidential election, the government shut down all access to the internet and SMS/text messaging; they had been used to criticize how military voting was conducted and to organize antigovernment protests. Although internet access was restored two days later, social media–such as Facebook and SMS/text messaging–remained blocked. On April 21, the day provisional election results were announced, authorities restored SMS/text messaging, but access to social networks was not fully restored until December 3.

At the same time, the government blocked access to international data roaming, including Blackberry access, allegedly for security reasons; the government claimed criminals and terrorists from Nigeria and Cameroon were using international roaming to communicate with each other while in Chad. The government also claimed the blockages were due to technical problems, a claim met with widespread skepticism.

According to multiple sources, between 2.7 and 10.2 percent of citizens had access to the internet through a computer; as much as 99 percent of the population had access to limited internet via mobile phones.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

Although the constitution provides for freedom of assembly, the government did not respect this right. The government regularly interfered with opposition protests and civil society gatherings, particularly before and after the April election. The law requires organizers to notify the Ministry of Public Security and Immigration five days in advance of demonstrations, although groups that provided advance notice did not always receive permission to assemble. Following the 2015 Boko Haram attacks, the ministry often denied permission for large gatherings, including social events such as weddings and funerals. During the April election campaign, the government allowed ruling party supporters to gather and rally but banned such activities for opposition groups (see section 3).

For example, on May 24, police denied permission for an opposition press conference and barricaded the site. The minister of public security and immigration also banned opposition rallies scheduled for August 6 and 7 in advance of the August 8 inauguration of the president.

There were violent student protests, and security forces used lethal force to disperse demonstrators (see section 1.a.).

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, and the government generally respected this right. While an ordinance requires the Ministry of Public Security and Immigration to provide prior authorization before an association, including a labor union, may be formed, there were no reports the ordinance was enforced. The ordinance also allows for the immediate administrative dissolution of an association and permits authorities to monitor association funds.

c. Freedom of Religion

See the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

Although the constitution and law provide for freedom of movement, foreign travel, emigration, and repatriation, the government imposed limits on these rights.

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

Abuse of Migrants, Refugees, and Stateless Persons: There were reports of rape, attempted rape, and sexual and gender-based violence in refugee camps. The perpetrators were either fellow refugees or unknown individuals living near the camps. Authorities only occasionally prosecuted perpetrators of sexual violence. The judicial system did not provide consistent and predictable recourse or legal protection, and traditional legal systems were subject to ethnic variations. To fill the void, UNHCR enlisted the support of a local NGO to support the cases of refugees through the judicial process. The DPHR was unable to provide humanitarian escorts consistently due to lack of resources but was generally effective in providing protection inside refugee camps.

Due to absence of rebel activity and implementation of education campaigns in camps, there were no reports of recruitment of refugees in refugee camps, including by Central African Republic (CAR) militias.

In-country Movement: Lack of security in the east, primarily due to armed banditry, occasionally hindered the ability of humanitarian organizations to provide services to refugees. In the Lake Chad area, attacks by Boko Haram and concurrent government military operations constrained the ability of humanitarian organizations to provide assistance to IDPs. Armed criminals carjacked a UN vehicle in May, in Ati, and an NGO vehicle in June, near Mongo.

Emigration and Repatriation: Beginning in 2013 approximately 100,000 persons with claims to Chadian nationality fled violence in the CAR and (returned) to Chad. Most had not resided in the country and had no clear ties to their families’ areas of origin. Approximately 45,000 returnees remained in camps at year’s end and were assisted by humanitarian organizations and the government. The government, with UNHCR support, issued nearly 8,000 birth certificates to returnee children during the calendar year.

INTERNALLY DISPLACED PERSONS

Throughout 2015 and during the year, Chadians residing near the convergent borders of Lake Chad fled occasional Boko Haram attacks and counterattacks by the government. By October the United Nations estimated 76,225 citizens had been displaced in the Lake Chad area since May 2015. Humanitarian access to IDPs improved significantly during the year, and the government actively supported humanitarian operations by international agencies, including legal protection and efforts promoting local integration.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for asylum or refugee status. The government, however, has established a system for the protection of refugees.

In 2013 the government adopted the National Birth Registry Code, which provides for birth certificates for children born to refugees and requires the registration of all births and deaths of foreign persons in the country (see section 6). The government routinely issued birth certificates to refugee children during the year.

Approximately 307,000 Sudanese refugees from Darfur remained in the country, including a small number of refugees fleeing fighting during the year; most were located in 13 camps along the eastern border with Sudan. An estimated 73,000 refugees from the CAR lived primarily in five camps in the south.

Access to Basic Services: Although local communities hosted tens of thousands of newly arrived refugees, antirefugee sentiment existed due to competition for local resources, such as wood, water, and grazing land. Refugees also received goods and services not available to the local population, and refugee children at times had better access to education and health services than those in the surrounding local populations. Many humanitarian organizations included host communities in their programming to mitigate this tension.

Durable Solutions: The government pledged to extend citizenship to tens of thousands of returnees, most of whom had resided in the CAR since birth, although only 3 percent of Chadian returnees from the CAR held Chadian nationality documents by year’s end. The government allowed referral for resettlement in foreign countries of refugees from the CAR and Sudan.

The constitution and law provide citizens with the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage, but the government limited this right. The executive branch dominated the other branches of government.

Elections and Political Participation

Recent Elections: In the presidential election held from April 8 to 10, President Deby was reelected to a fifth term with 59.92 percent of the vote; Saleh Kebzabo placed second with 12.80 percent. While the election was orderly and had a high voter turnout, it was neither free nor fair, and there were numerous irregularities. According to the African Union, staff at polling stations were not adequately trained, 81 percent of ballot boxes observed had not been checked to see if they were empty at the start of polling, and 10 percent of polling stations did not provide secrecy in voting. Runner-up Kebzabo refused to accept the outcome of the vote, stating that it was an “electoral stickup.” Other opposition politicians cited alleged ballot stuffing and the disappearance of ballot boxes.

As originally planned, members of the military were scheduled to vote on April 8, nomads on April 9, and both nomads and “sedentary” civilians on April 10. The plan was modified, and a significant portion of the military voted on April 9. Some military personnel were required to vote in the open, in front of colleagues and superiors. According to Africa 24, more than two dozen military members were reportedly jailed and beaten for refusing to vote for the president. FM Liberte coverage included opposition calls for the Independent National Electoral Commission to discount the results of military voting pending investigation.

Security forces detained, tortured, and held incommunicado opposition members (see sections 1.b. and 1.c.).

For example, on November 17, security forces arrested 11 opposition members in N’Djamena during a march called by the National Opposition Front for Alternation and Change. The government charged the 11 with “participating in an unauthorized gathering.” On December 7, the N’Djamena Court of First Instance released all 11 for “unestablished offense.”

On April 8, the first day of voting, the government shut down all access to the internet and SMS/text messaging (see section 2.a.). Many foreign television operators could not cover the post-election events because the government had not renewed their filming licenses. Authorities confiscated the equipment of French broadcaster TV5Monde and detained its crew for several hours for filming at a polling station.

International observers of the 2011 legislative elections, including the EU, African Union, Organization Internationale de la Francophonie, and government and opposition-affiliated civil society actors, deemed the 2011 elections legitimate and credible. There was no election-related violence or evidence of a systematic effort to deny voters their right to choose freely. Security and government officials generally maintained a neutral posture during the election campaign. The presidential vote in 2011 occurred without violence or incident. Local groups, however, criticized the lack of participation by the three opposition candidates and low voter turnout.

Political Parties and Political Participation: There were 139 registered political parties, of which more than 100 were associated with the dominant MPS party.

February 29 was the deadline for candidates to deposit their credentials for the April 10 election with the Constitutional Council, which was charged with validating each candidate’s eligibility to run. Of the 23 candidates who deposited their credentials before the deadline, only 14 were allowed to continue with their campaigns. Nine candidates were disqualified for incomplete files, failure to show proof of payment of the required deposit of 10 million CFA francs ($17,036) to the treasury, or the use of state emblems and colors in their printed materials. Two women registered as candidates, one as an independent, but both reportedly were disqualified.

On February 24, opposition parties led a nationwide shutdown to protest the president’s decision to run for a fifth term. The campaign was run under the slogan Ca Suffit (see section 1.d.). The nationwide strike brought many of the country’s towns and the capital to a halt with markets, schools, transport, district centers, and various operations shut down. It was the sixth major protest against the president since the beginning of the year.

Opposition leaders accused the government of denying them funds and equal broadcast time on state-run media. Despite the ban on opposition rallies imposed by the minister of public security and immigration (see section 2.b.), opposition leaders conducted rallies and marches to protest the results of the election and the inauguration.

Participation of Women and Minorities: No laws limit the participation of women and members of minority groups in the political process, and women and minorities did so. Cultural factors, however, limited women’s political participation. Ethnicity influenced government appointments and political alliances. Political parties and groups generally had readily identifiable regional or ethnic bases. Northerners, particularly members of the Zaghawa ethnic group, were overrepresented in key institutions, including the military officer corps, elite military units, and the presidential staff.

The law provides criminal penalties for corruption by officials, but authorities did not implement the law effectively, and corruption was pervasive at all levels of government. The World Bank’s most recent Worldwide Governance Indicators reflected that corruption remained a severe problem.

Corruption: There were no reports of government officials being investigated for corruption or embezzlement during the year.

Corruption was most pervasive in government procurement, the awarding of licenses or concessions, dispute settlement, regulation enforcement, customs, and taxation. Local human rights organizations reported police extorted and verbally abused motorists. Security forces arbitrarily arrested travelers on pretexts of minor traffic violations.

Judicial corruption was a problem and hindered effective law enforcement.

In public addresses to the nation, the president pledged to continue the campaign to eliminate corruption and promised to prosecute those who accepted kickbacks or demanded bribes. In October 2015, for example, the president removed the director of customs–his younger brother–allegedly for corruption. Nevertheless, low salaries for most civil servants, judicial employees, and law enforcement officials–coupled with a weak state system and a culture of impunity–contributed to corruption. Charges against those indicted were often dropped for “lack of evidence.” In 2014, for example, the government launched investigations of several high-ranking officials, including cabinet ministers. All charges were eventually dropped, and the ministers were reappointed to other positions within the government.

Financial Disclosure: Public officials are subject to financial disclosure laws, but the laws do not specify sanctions for noncompliance, and declarations were not made available to the public.

Public Access to Information: The law does not provide for public access to government information, although the government provided such access to government-employed journalists. Independent journalists stated they were not provided sufficient access to government information.

The government budget was publicly available in printed form upon request from the Ministry of Finance and Budget, but it did not include all revenues and expenditures. The government published quarterly budget execution reports but not end-of-year reports. During the year the government launched the “Citizen’s Budget,” an exercise in fiscal transparency required by international financial partners, including the World Bank and the International Monetary Fund. It provides a simplified outline of government receipts and expenditures, as well as assumptions and goals.

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 sometimes cooperative and responsive to their views.

The United Nations or Other International Bodies: Unlike in the previous year, there were no reports authorities harassed or expelled staff members of the United Nations or other international bodies.

Government Human Rights Bodies: The Ministry of Justice and Human Rights coordinated efforts by local and international NGOs to protect human rights. Local NGOs reported the ministry functioned independently but was underfunded and had limited effectiveness.

Women

Rape and Domestic Violence: Rape is prohibited and punishable by imprisonment. Nevertheless, rape–including rape of female refugees–was a problem (see section 2.d.). No reliable data on the extent of rape were available. The law does not specifically address spousal rape. Police often detained alleged perpetrators, but rape cases usually were not tried. Authorities fined and released most suspects. Communities sometimes compelled rape victims to marry their attackers.

Although the law prohibits violence against women, domestic violence was widespread. Police rarely intervened, and women had limited legal recourse, although they could report cases of violence and abuse to local human rights organizations. The government did not provide psychosocial services for victims; family or traditional authorities often did.

According to the 2014-15 Demographic and Health Survey conducted by the Chadian National Statistical Institute, 15 percent of women suffered physical violence in the last 12 months. Women in the Hadjer-Lamis Region reported the fewest incidents (3 percent), while women in the Tandjile Region reported the highest (31 percent). Six percent of women had been victimized by sexual violence during the past 12 months.

Female Genital Mutilation/Cutting (FCM/C): The law prohibits FGM/C for girls and women, but the practice remained widespread, particularly in rural areas. According to 2015 UNICEF statistics, 44 percent of girls and women had undergone excision, with rates as high as 90 to 100 percent in some regions. According to the 2014-15 Demographic and Health Survey, 38 percent of women in the country had been cut. FGM/C varied by region, with 1 percent of women excised in the regions of Kanem and Lac and 96 percent in the region of Salamat. Forty-seven percent of women had undergone the procedure between ages five and nine and 37 percent between ages 10 and 14. Practitioners performed all three types of FGM/C–cl*toridectomy, excision, and infibulation. Infibulation–the least common but most severe and dangerous type–was confined largely to the Eastern Region bordering Sudan.

By law FGM/C may be prosecuted as a form of assault, and charges may be brought against the parents of victims, medical practitioners, or others involved. Nevertheless, the lack of specific penalties hindered prosecution, and authorities prosecuted no cases during the year.

The Ministry of Women, Early Childhood Protection, and National Solidarity is responsible for coordinating activities to combat FGM/C. The government, with assistance from the UN Population Fund (UNFPA), conducted public awareness campaigns to discourage FGM/C and highlight its dangers. The campaign encouraged the public to speak out against FGM/C and other abuses of women and girls.

Sexual Harassment: The law does not prohibit sexual harassment, which occurred.

Reproductive Rights: The law provides for the right of couples and individuals to decide freely and responsibly the number, spacing, and timing of their children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. Many persons, however, lacked access to reproductive information or care, particularly in rural areas. The UNFPA estimated only 3 percent of women used any form of contraception; according to 2014 statistics from the National Institute of Statistics, 5 percent of married women used modern contraceptive methods.

According to the 2014-15 Demographic and Health Survey, skilled and trained personnel attended 24 percent of births nationwide; 73 percent of births in N’Djamena were attended. The maternal mortality rate was 860 deaths per 100,000 live births. Factors contributing to maternal mortality included adolescent pregnancies, multiple closely spaced births, and lack of access to medical care. The country had a severe shortage of health-care providers (fewer than 400 physicians) and a significant shortage of nurses, midwives, hospital staff, and specialists, such as obstetricians. Prenatal care remained limited, particularly in rural areas. Low immunization rates and poor postnatal education were problems.

Discrimination: Although property and inheritance laws provide the same legal status and rights for women as for men, family law discriminates against women, and discrimination against and exploitation of women were widespread. Local leaders settled most inheritance disputes in favor of men, according to traditional practice. Women did not have equal opportunities for education and training, making it difficult for them to compete for formal sector jobs. Women suffered discrimination in access to employment, housing, credit, and pay equity for substantially similar work and in owning or managing businesses. The law does not address polygyny; men may opt at any time to marry additional wives under Islamic law. In such cases the first wife has the right to request her marriage be dissolved but must repay her bride price.

In February 2015 the government staffed the House of the Chadian Woman, established in 2014 for women to have a venue to discuss women’s rights issues and participate in the national decision-making process. In August 2015 the Ministry of Women, Social Action, and National Solidarity was renamed the Ministry of Women, Early Childhood Protection, and National Solidarity. The ministry established a Directorate of Gender Issues to oversee the House of the Chadian Woman; the directorate also provided public outreach on gender issues. During the year the budget for the House of the Chadian Woman reportedly was severely cut.

Children

Birth Registration: Citizenship is derived from birth within the country’s territory and from one’s parents. The government did not register all births immediately, but children without birth certificates were allowed to enroll in schools.

The government began to implement the 2013 National Registry Code, which requires all children, including refugees, to have a birth certificate issued in their place of birth (see section 2.d.). Prior to passage of the law, children born to refugees from the CAR were not considered citizens, although they were provided birth certificates. Children born to refugees from elsewhere were not considered citizens and generally were not provided birth certificates.

Education: Although primary education is tuition-free, universal, and compulsory between ages six and 16, parent-teacher associations often hired and paid community teachers, and parents also were required to pay for textbooks, except in some rural areas. Parents often were required to pay tuition for public secondary education. According to the most recent World Bank Development Indicators database, six girls attended primary school for every 10 boys. Most children did not attend secondary school.

Human rights organizations cited the problem of the “mouhadjirin,” migrant children who attended certain Islamic schools and whose teachers forced them to beg for food and money. There was no reliable estimate of the number of mouhadjirin.

Child Abuse: Child abuse remained a problem, but no data were available on its extent. The Ministry of Women, Early Childhood Protection, and National Solidarity is responsible for the protection of children.

Early and Forced Marriage: In June 2015 the National Assembly ratified a law that sets the minimum age for marriage at 18. The law precludes invoking the consent of the minor spouse to justify child marriage and prescribes sentences of five to 10 years’ imprisonment and fines of 500,000 to 5,000,000 CFA francs ($851 to $8,517) for persons convicted of perpetrating child marriage. According to a study conducted by the Ministry of Women, Early Childhood Protection, and National Solidarity in the regions of Mandou, Ouaddai, and Tandjile, 68 percent of girls were married before age 18; 29 percent were married before age 15.

Female Genital Mutilation/Cutting (FGM/C): Information is provided in the women’s section above.

Sexual Exploitation of Children: The law prohibits the prostitution of children, with punishments of five to 10 years’ imprisonment and fines up to one million CFA francs ($1,700) for conviction. Police patrolled areas suspected to be centers of child prostitution, but no cases were prosecuted during the year. The law prohibits sexual relations with girls under age 14, even if married, but authorities rarely enforced the ban. The law criminalizes the use, procuring, or offering of a child for the production of p*rnography. It was unclear whether authorities enforced the law, since no cases of child p*rnography were reported during the year.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’sAnnual Report on International Parental Child Abductionattravel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

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

Trafficking in Persons

See the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with disabilities, although it does not specify the type of disability or whether the prohibition against discrimination extends to employment, education, air travel and other transportation, access to health care, or the provision of other state services. The government did not effectively enforce the law. There are no laws that provide for access to public buildings for persons with disabilities. The government operated education, employment, and therapy programs for persons with disabilities.

Children with physical disabilities may attend primary, secondary, and higher education institutions. The government supported schools for children with vision or mental disabilities.

In conjunction with NGOs, such as the Support Group for the Disabled in Chad, the government annually sponsored a day of activities to raise awareness of the rights of persons with disabilities. The Ministry of Women, Early Childhood Protection, and National Solidarity is responsible for protecting the rights of persons with disabilities.

National/Racial/Ethnic Minorities

There were approximately 200 ethnic groups speaking more than 120 languages and dialects. Most ethnic groups were affiliated with one of two regional and cultural traditions: Arabs and Muslims in the north, center, and east; and Christian or traditional religious groups in the south. Internal migration resulted in the integration of these groups in some areas.

Conflict between pastoralists (herders) and farmers continued, particularly in the southern part of the country, and resulted in deaths and injuries. In January, five persons were killed during a conflict between pastoralists and farmers in Bedaya, Mandoul Region.

Most ethnic groups practiced societal discrimination, which was evident in patterns of employment.

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

The law prohibits but does not define “unnatural acts.” On December 12, the National Assembly approved a revision to the penal code making same-sex relations a misdemeanor punishable by imprisonment of not more than 15 days and a fine of 5,000 to 20,000 CFA francs ($8 to $32). The president had not signed the proposed revision into law by year’s end.

Unlike in the previous year, there were no reports of violence toward the LGBTI community.

There were no LGBTI organizations in the country.

HIV and AIDS Social Stigma

The law provides individuals with HIV/AIDS the same rights as other persons and requires the government to provide information, education, and access to tests and treatment for HIV/AIDS. Persons with HIV/AIDS reported discrimination, and government officials did not always provide information on their rights and treatment options. According to the Chadian Women Lawyers’ Association, women sometimes were accused of passing HIV to their husbands and were threatened by family members with judicial action or banishment. The first lady spoke openly on the issue of HIV/AIDS and criticized discrimination against persons with HIV/AIDS.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of all workers, except members of the armed forces, to form and join independent unions of their choice. All unions must be authorized by the Ministry of Public Security and Immigration, which may order the dissolution of a union. The law provides for the right of workers to organize and bargain collectively. The law recognizes the right to strike but restricts the right of civil servants and employees of state enterprises to do so. The law requires 72-hour notification before a strike. Civil servants and employees of state enterprises, including civil servants and teachers, must complete a mediation process before initiating a strike. Employees of several public entities deemed essential must continue to provide a certain level of services during a strike. The law permits imprisonment with hard labor for participation in an illegal strike. While there are no restrictions on collective bargaining, the law authorizes the government to intervene under certain circ*mstances. The labor code prohibits antiunion discrimination and explicitly covers all workers, including foreign and irregular workers. The law requires reinstatement of workers fired for union activity. Union members reported these protections were not always respected.

The government effectively protected freedom of association and collective bargaining, although both were subject to delays, primarily due to administrative difficulties in convening key officials for negotiations.

There were no reports of restrictions on collective bargaining or punishment of workers for participating in illegal strikes. More than 90 percent of employees in the formal sector belonged to unions. The majority of workers were self-employed and nonunionized, working as cultivators or herders. State-owned enterprises dominated many sectors of the formal economy, and the government remained the largest employer. Unions were officially independent of both the government and political parties, although some unions were unofficially linked through members’ affiliation with political parties. The International Trade Union Confederation reported, however, the Union des Syndicats du Tchad, as well as human rights groups, worked in a climate of repression and suspicion.

The government protected the rights of Chadian employees of the Chinese National Petroleum Corporation, demanding the reinstatement of employees and union leaders terminated for striking. There were no NGOs specifically dedicated to labor issues, but local human rights organizations often addressed labor concerns, particularly in lobbying against child labor.

Public-sector employee unions staged a number of strikes during the year to protest late or nonpayment of salaries, allowances, bonuses, and stipends. Strikes were occasionally accompanied by demonstrations, which police often dispersed with tear gas.

The government did not give priority to meeting with trade unions. For example, in September the major unions complained the government had not met with them prior to announcing a 16-point plan for reducing government expenditures by slashing payrolls, salaries, and allowances. Simultaneously, student unions staged strikes and protests concerning cutting of stipends, and the government delayed meeting with the unions to discuss a resolution to the problem.

b. Prohibition of Forced or Compulsory Labor

The law does not prohibit all forms of forced or compulsory labor, including by children. Laws do not specifically prohibit trafficking, although they prohibit forced prostitution and many types of labor exploitation. The minimum age for military recruitment is 18, and the minimum age for conscription is 20. The law prohibits the use of child soldiers.

Government efforts to enforce the law were not entirely effective. Title 5 of the labor code prohibits forced and bonded labor, prescribing fines of 50,000 to 500,000 CFA francs ($85-$850), but not imprisonment; these penalties are not sufficiently stringent to deter this form of trafficking and do not reflect the serious nature of the crimes. There are no penalties for forced prison labor, which was common, according to human rights NGOs. Resources, inspections, and remediation with regard to forced labor were inadequate.

Forced labor, particularly forced child labor, occurred in the informal sector. Children and adults in rural areas were involved in forced agricultural labor and, in urban areas, forced domestic servitude.

Also see the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The labor code stipulates the minimum age for employment is 14. The law provides exceptions for light work in agriculture and domestic service at age 12. The legal minimum age for employment, a lack of schooling opportunities in some areas, and tribal initiation practices contributed to a general acceptance of child labor for children who were 14 or older.

The Ministry of Labor deployed inspectors throughout the country. Labor inspectors may refer cases to the Ministry of Justice and Human Rights for prosecution. The ministry provided training to these inspectors on children’s issues. Inadequate budget and staffing, lack of worker knowledge of their rights, and corruption impeded effective enforcement.

The Office of Labor Inspection is responsible for enforcement of child labor laws and policies, but authorities did not prosecute any cases during the year. Labor laws apply to work only in formal enterprises; they do not protect children working in informal activities, such as domestic service. Penalties for breaking child labor laws were not sufficient to deter violations. Penalties range from six days’ to three months’ imprisonment and a fine of 147,000 to 294,000 CFA francs ($250 to $500), or up to 882,000 CFA francs ($1,500) for repeat offenders. The law does not incur penalties “if the breach was the result of an error as to a child’s age, if the error was not the employer’s fault.” Police sometimes took extrajudicial action against traffickers and child labor offenders. Traditional leaders also sometimes meted out traditional punishments, such as ostracism.

While the government did not have a comprehensive plan to eliminate the worst forms of child labor, it worked with UNICEF and NGOs to increase public awareness of child labor. In addition efforts continued to educate parents and civil society on the dangers of child labor, particularly for child herders.

Child laborers were subjected to domestic servitude, forced begging, and forced labor in cattle herding, agriculture, fishing, and street vending. Chadian children were also found in forced cattle herding in Cameroon, the CAR, and Nigeria. Child herders often lived in substandard conditions without access to school or proper nutrition. Their parents and herders generally agreed on an informal contract for the child’s labor that included a small monthly salary and a goat after six months or a cow at the end of a year. Local NGOs reported, however, compensation often was not paid. According to the Chadian Women Lawyers’ Association, girls sold or forced into child marriages were forced by their husbands into domestic servitude and agricultural labor.

Also see the Department of Labor’sFindings on the Worst Forms of Child Laboratwww.dol.gov/ilab/reports/child-labor/findings/.

d. Discrimination with Respect to Employment and Occupation

The law and labor regulations prohibit employment or wage discrimination based on race, color, religion, sex, age, national origin/citizenship, or membership in a union. There are no laws preventing employment discrimination based on disability, sexual orientation or gender identity, HIV-positive status or having other communicable diseases, or social origin.

The government did not effectively enforce these laws and regulations. Workers may file discrimination complaints with the Office of the Labor Inspector, which conducts an investigation and subsequently may mediate between the worker and employer. If mediation fails, the case is forwarded to the labor court for a public hearing. The final decision and amount of any fine depend on the gravity of the case–147,000 to 294,000 CFA francs ($250 to $500) for an initial offense, and fines of 288,000 to 882,000 CFA francs ($490 to $1,500) or six to 10 days in prison for a subsequent offense. The penalties were not always sufficient to deter violations.

Women generally were not permitted to work at night, more than 12 hours a day, or in jobs that could present moral or physical danger. Persons with disabilities frequently were victims of employment discrimination. Although the law prohibits discrimination based on nationality, foreign nationals often had difficulty obtaining work permits, earned lower wages, and had poor working conditions.

e. Acceptable Conditions of Work

The minimum wage was 60,000 CFA francs ($102) a month, but it was not effectively enforced. The law limits most employment to 39 hours per week, with overtime paid for additional hours. Agricultural work is limited to 2,400 hours per year, an average of 46 hours per week. All workers are entitled to uninterrupted rest periods of between 24 and 48 hours per week and paid annual holidays. The labor code mandates occupational health and safety standards that are current and appropriate for main industries. Workers have the right to remove themselves from dangerous working conditions, but they generally did not do so. The labor code gives inspectors the authority to enforce the law and explicitly covers all workers, including foreign and informal workers.

The government did not effectively enforce the law, and authorities did not always respect legal protections for foreign and irregular workers. Violations of safety and health standards may lead to penalties ranging from approximately 75,000 to 300,000 CFA francs ($128 to $511). Penalties for second offenses may include fines of more than 500,000 CFA francs ($850) and between one and 10 days’ imprisonment. These penalties were adequate to deter violations. The Office of the General Inspectorate of the Ministry of Labor has responsibility for the enforcement of the minimum wage, work hour, and occupational health and safety standards. The 20 labor inspectors in the Ministry of Public Works were insufficient to enforce the law.

Nearly all private-sector and state-owned firms paid at least the minimum wage, but it was largely ignored in the informal sector. Salary arrears remained a problem for some private-sector employees. Workers did not always avail themselves of their rights concerning work hour limits, largely because they preferred the additional pay.

Multinational companies generally met the government’s acceptable occupational health and safety standards. The civil service and local private companies occasionally disregarded occupational health and safety standards. Local private companies and public offices often had substandard conditions, including a lack of ventilation, fire protection, and health and safety protection.

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

Security forces reportedly committed arbitrary or unlawful killings. In many instances, few or no details were available.

In May environmentalist Lei Yang died under mysterious circ*mstances while in custody in Beijing following a brief altercation with public security officials. Authorities initially claimed 29-year-old Lei had suffered a heart attack, although an autopsy determined the cause of death was suffocation. Lei’s body also showed bruising on his arms and head. A subsequent investigation found that public security officials had blocked the inquiry into the cause of Lei’s death. In June, two public security officers were arrested on suspicion of “dereliction of duty.” Subsequent reporting on the case was censored. In late December officials announced that five law enforcement officers would not stand trial for Lei’s death.

In December, 58-year-old democracy activist Peng Ming died under suspicious circ*mstances in prison. His family was unable to view the body, and authorities denied his adult children permission to enter the country to collect his ashes.

In June, Tibetan Buddhist nun Yeshi Lhakdron of Kardze prefecture in the Tibetan area of Kham, now administered under Sichuan Province, died in custody due to torture, according to the Tibetan Center for Human Rights. Also in June a 40-year-old man from Kardze who was detained on suspicion of possessing a gun died in custody, reportedly due to severe torture (see the Tibet Annex for further information).

Authorities did not account for the circ*mstances surrounding the 2015 death of Zhang Liumao, who died suddenly in custody in Guangzhou after being detained and charged with “picking quarrels and provoking trouble.” His family’s lawyer found his corpse was bruised with apparent signs of torture. He had not yet been tried at the time of his death. During the year Zhang’s sister, Zhang Wuzhou, made multiple attempts to file lawsuits against the government over the mishandling of her brother’s forensic report. Public security imposed a foreign travel ban on her and detained her outside a Guangzhou courthouse in April. The court eventually accepted the lawsuit.

A number of violent incidents in the XUAR resulted in multiple deaths. For example, media reported that at least five persons, including two public security officers, died in May as a result of violent unrest sparked when an officer allegedly shot and killed a Uighur prisoner in a juvenile detention center in Urumqi. Official accounts of these events generally blamed “terrorists” or “separatists” and portrayed incidents involving violence as terrorist attacks on community members and security personnel. The government’s control of information coming out of the XUAR, together with its increasingly tight security posture there, made it difficult to verify reports (see also the Tibet annex for incidents of abuse).

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

b. Disappearance

There were multiple reports of individuals detained by authorities and held at undisclosed locations.

As of the end of the year, 16 individuals detained as a result of the July 2015 “709” roundup of more than 300 human rights lawyers and legal associates remained in pretrial detention at undisclosed locations without access to attorneys or to their family members. The crackdown primarily targeted those individuals who worked as defense lawyers on prominent human rights and public interest cases, including the 2008 melamine scandal, the Beijing “feminist five” detentions, the Xu Chunhe case, and cases involving the sexual abuse of young girls. The clients of those targeted included jailed Uighur economist Ilham Tohti, members of unregistered churches, and Falun Gong practitioners. The names of those who were still detained at the end of the year are Li Heping, Xie Yanyi, Wang Quanzhang, Liu Sixin, Xie Yang, Li Chunfu, Wu Gan, Lin Bin, Yin Xu’an, Wang Fang, Zhang Wanhe, Liu Xing, Li Yanjun, Yao Jianqing, Tang Zhishun, and Xing Qianxian.

Jiang Tianyong, a lawyer who advocated on behalf of the family members of the “709” detainees, disappeared on November 21 in Henan Province. He subsequently was placed under “residential surveillance at an undisclosed location” on suspicion of “inciting subversion of state power.”

While several “709” detainees still awaited trial, some lawyers were convicted in trials lacking due process (see section 1.e.), and others were released on bail from formal custody after detentions that lasted, in many cases, more than a year. For example, in August attorney Wang Yu was released from detention after the government released a video that many observers called a forced confession. In the video Wang said she would no longer allow herself to be “used by foreign forces.” Wang’s attorney learned about her release when he saw the televised statement. Wang’s husband, law associate Bao Longjun, was released as well in August. The couple was reportedly reunited with their son, Bao Zhuoxuan, who had tried to flee the country via Burma in 2015, where he was intercepted by government agents and returned to China. The couple’s lawyer and other friends and associates were unable to contact them since their release from formal detention, and reports indicated that they remained under some form of residential surveillance and detention.

In March lawyer Zhang Kai was released from detention after seven months. Zhang was known for his work defending Wenzhou Christian churches that faced demolition or forced cross removals. He had been detained in 2015 on the eve of a planned meeting with a prominent foreign diplomat. Zhang’s release also followed a statement in which he “confessed “ on state-run television to his alleged crimes and urged other citizens “not to collude with foreigners.” In August, Zhang took to social media to recant his earlier confession, which he said was made under conditions of duress. Authorities responded by surrounding his family home and threatening to rearrest him. Zhang remained under house arrest and was not able to resume his legal duties.

A number of extraterritorial disappearances occurred during the year. FormerSouthern Metropolis Dailyjournalist Li Xin, who fled to India in 2015 after allegedly leaking documents detailing the Communist Party’s propaganda policies, went missing on a train in Thailand in January and later reappeared in China in custody of security officials. He told his wife by telephone that he had returned voluntarily, but Thai immigration officials told the media they had no exit record for Li.

Five men working in Hong Kong’s publishing industry disappeared between October and December 2015. In addition to being Hong Kong residents, Gui Minhai was a Swedish citizen and was taken while he was in Thailand; Lee Bo was a British citizen taken from Hong Kong. Media coverage of the cases noted that the men worked for Mighty Current, a publishing house, and its affiliate, Causeway Bay Bookstore, which were known for selling books critical of the CCP and its leaders. In a televised “confession” released by Chinese authorities in the spring, Gui Minhai said he had “voluntarily returned” to China to “bear the responsibility” for a traffic accident that supposedly occurred more than a decade before. Another bookseller, Hong Kong resident Lam Wing Kee, was detained at the border crossing into Shenzhen in October 2015 and released after five months. Upon his return to Hong Kong, Lam immediately recanted his televised confession, saying it was scripted and recorded under extreme pressure. He also said he was forced to sign away his legal rights when he was taken to Ningbo by men who claimed they were from a “central special unit.” With the exception of Swedish citizen Gui Minhai, the other detained booksellers were released during the year but remained under surveillance, travel restrictions, and the threat of punishment after returning to Hong Kong. At year’s end Gui remained in incommunicado detention in the mainland.

The government still had not provided a comprehensive, credible accounting of all those killed, missing, or detained in connection with the violent suppression of the 1989 Tiananmen demonstrations. The Dui Hua Foundation reported that Miao Deshun, the last known political prisoner dating from the Tiananmen era, was released during the year. Many activists who were involved in the 1989 demonstrations and their family members continued to suffer official harassment. Chen Yunfei, arrested in 2015 for visiting the grave of a Tiananmen victim, was formally brought to trial in July on charges of “picking quarrels and provoking troubles.” Chengdu authorities subsequently postponed his trial without explanation. In December a rescheduled hearing was also reportedly delayed after Chen dismissed his lawyers, citing their harassment at the hands of local security officials outside the courthouse. Others who attempted to commemorate the protests and associated deaths were themselves detained or otherwise targeted. In late May, seven activists who appeared in a photograph marking the massacre’s 27th anniversary were detained on suspicion of “picking quarrels and provoking troubles.” They were released several weeks later. In June, Chengdu activists Fu Hailu, Zhang Junyong, Luo Yufu, and Chen Bing were detained for allegedly creating and marketing a liquor whose label commemorated the 1989 crackdown. They faced charges of “inciting subversion” and were held in the Chengdu Municipal Detention Center.

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

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

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

The problem of torture was systemic, according to a UN Committee against Torture report released in December 2015 that detailed the extent to which torture was embedded in the criminal justice system. While the UN committee acknowledged some improvements, such as the broader use of surveillance cameras during interrogations, the report stated that torture was “entrenched.”

A May 2015 Human Rights Watch report found continued widespread use of degrading treatment and torture by law enforcement authorities. Some courts continued to admit coerced confessions as evidence, despite the criminal procedure law, which restricts the use of unlawfully obtained evidence. After examining 158,000 criminal court verdicts published on the Supreme People’s Court website, Human Rights Watch found that judges excluded confessions in only 6 percent of the cases in which torture was alleged and that all the defendants were convicted, even in the cases when evidence such was excluded. Lawyers reported that interrogators turned to less-detectable methods of torture. Confessions were often videotaped; harsh treatment beforehand was not. Lawyers who attempted to shed light on the problem of torture in the criminal justice system themselves became targets of intimidation and harassment.

Family members asserted that rights lawyer Xie Yang was repeatedly tied up and beaten during his lengthy detention in Changsha, Hunan Province. According to reports leaked from the detention facility, at one point Xie required hospitalization after he was beaten until he lost consciousness. As of December he was still in detention. There were multiple reports that other lawyers, law associates, and activists detained in the “709” crackdown also suffered various forms of torture, abuse, or degrading treatment, including Sui Muqing, whom public security officers reportedly kept awake for days on end, and Yin Xu’an, whom security agents repeatedly tortured in an attempt to extract a confession. The lawyers of Wu Gan, another “709” detainee, also reported that Wu had been tortured following their meeting with him at the Tianjin No. 2 Detention Center. Guangdong attorney Sui Muqing, who was detained in July 2015 and held under residential surveillance at an undisclosed location until the end of the year, was reportedly tortured while in custody.

Members of the minority Uighur ethnic group reported systematic torture and other degrading treatment by law enforcement officers and the penal system (see section 6, National/Racial/Ethnic Minorities). Practitioners of the banned Falun Gong spiritual movement reported systematic torture more often than other groups.

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

According to theLegal Daily(a state-owned newspaper covering legal affairs), the Ministry of Public Security directly administered 23 high-security psychiatric hospitals for the criminally insane (also known as ankang facilities). While many of those committed to mental health facilities had been convicted of murder and other violent crimes, there were also reports of activists and petitioners involuntarily subjected to psychiatric treatment for political reasons. Public security officials may commit individuals to ankang facilities and force treatment for “conditions” that have no basis in psychiatry. In February, one domestic NGO reported that it had tracked more than 30 cases of activists “who were forcibly committed to psychiatric institutions in 2015, often without their relatives’ knowledge or consent.” For example, Shanghai authorities dispatched agents to intercept petitioner Lu Liming when he was en route to Beijing to protest. They detained him in a psychiatric facility, tied him to a bed for days, beat him, and forcibly medicated him.

As of January 2015, the government claimed it was ending the long-standing practice of involuntarily harvesting the organs of executed prisoners for use in transplants. In August the official Xinhua News Agency reported 10,057 organ transplants from voluntary donors were performed in the country in 2015, with transplants expected to increase 40 to 50 percent in 2016. Some international medical professionals and human rights researchers questioned the voluntary nature of the system, the accuracy of official statistics, and official claims about the source of organs. The country has no tradition of organ donorship, and its organ donor system remained fledgling.

Prison and Detention Center Conditions

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

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

Adequate, timely medical care for prisoners remained a serious problem, despite official assurances that prisoners have the right to prompt medical treatment. Prison authorities withheld medical treatment from political prisoners. In April prison officials refused requests to send ailing Guangdong activist Yang Maodong (better known by his pen name Guo Feixiong) to a hospital for medical tests. To protest his treatment, he went on a hunger strike, during which prison officials reportedly force-fed him. Guo was also reportedly routinely tortured. In one attempt to humiliate him, prison officials performed a rectal exam on Guo, videotaped the procedure, and threatened to post the video online. In August authorities transferred him to a different prison hospital, and he ended his hunger strike.

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

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

Administration: Authorities used alternatives to incarceration for both violent and nonviolent offenders. According to the State Council’s 2016White Paper on Legal Rights, 2.7 million individuals participated in community correction, with an estimated 689,000 individuals in the program as of September. The same source reported an annual increase of 51,000 individuals in community correction programs.

There were no prison ombudsmen per se, but prisoners and detainees are legally entitled to submit complaints to judicial authorities without censorship and request investigation of credible allegations of inhuman conditions. The law states that letters from a prisoner to higher authorities of the prison or to the judicial organs shall be free from examination; it was unclear to what extent the law was implemented. While authorities occasionally investigated credible allegations of inhuman conditions, the results were not documented in a publicly accessible manner. Many prisoners and detainees did not have reasonable access to visitors and could not engage in religious practices.

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

Improvements: In August the Supreme People’s Procuratorate published data that favored an “education first” approach towards juvenile crime, specifically focusing on counseling over punishment, according to the Dui Hua Foundation. The same figures showed the number of juvenile arrests later dismissed by the court expanded from 26 percent in 2014 to 29 percent in 2015.

d. Arbitrary Arrest or Detention

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

ROLE OF THE POLICE AND SECURITY APPARATUS

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

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

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

In the absence of reliable data, it was difficult to ascertain the full extent of impunity for the domestic security apparatus, but anecdotal accounts of abuse were common on social media and sometimes appeared in state media reports as well. Authorities often announced investigations following cases of reported killings by police. It remained unclear, however, whether these investigations resulted in findings of police malfeasance or disciplinary action.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

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

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

The law stipulates that detainees be allowed to meet with defense counsel before criminal charges are filed. Some criminal defense attorneys stated that under the 2013 revised criminal procedure law, their ability to meet with clients improved. In some routine cases, defense attorneys could arrange visits at any time and have private meetings with their clients in detention centers. This generally did not apply to cases considered politically sensitive.

The criminal procedure law requires a court to provide a lawyer to a defendant who has not already retained one, who has various disabilities or is a minor, or who faces a life sentence or the death penalty. This law applies whether or not the defendant is indigent. Courts may also provide lawyers to other criminal defendants who cannot afford them, although courts often did not do so.

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

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

The law allows for residential surveillance rather than detention in a formal facility under certain circ*mstances. With the approval of the next higher-level authorities, officials may place a suspect under “residential surveillance” at a designated place of residence (i.e., a place other than the suspect’s home) for up to six months when they suspect crimes of endangering state security, terrorism, or serious bribery and believe that surveillance at the suspect’s home would impede the investigation. Human rights organizations and detainees themselves reported that this practice left detainees at a high risk for torture. Authorities may also prevent defense lawyers from meeting with suspects in these categories of cases.

The law provides for the right to petition the government for resolution of grievances, but many citizens who traveled to Beijing to petition the central government were subjected to arbitrary detention, often by security agents dispatched from the petitioner’s hometown. Petitioners reported harsh treatment by security officials. In February officers from the Fuyou Street Station of the Xicheng District Public Security Bureau in Beijing reportedly beat Qiao Zhigang, the leader of a group of retired and disabled members of the military, and detained many others who had gathered with Qiao to protest the government’s failure to provide promised benefits and compensation.

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

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

There were multiple reports of lawyers, petitioners, and other rights activists being arrested or detained for lengthy periods of time, only to have the charges later dismissed for lack of evidence. Many activists were subjected to extralegal house arrest, denied travel rights, or administratively detained in different types of facilities, including “black jails.” In some cases public security officials put pressure on schools not to allow the children of prominent political detainees to enroll. Conditions faced by those under house arrest varied but sometimes included isolation in their homes under guard by security agents. Security officials were frequently stationed inside the homes. Authorities placed many citizens under house arrest during sensitive times, such as during the visits of senior foreign government officials or preceding the annual plenary sessions of the National People’s Congress, the G20 summit, the anniversary of the Tiananmen massacre, and sensitive anniversaries in Tibetan areas and the XUAR. Some of those not placed under house arrest were taken by security agents to remote areas on so-called forced vacations.

In early September security officials abducted rights lawyer Li Yuhan from the hospital where she was receiving treatment for a heart condition and beat and choked her when she resisted. She was told she would need to take a “vacation” before the G20 Summit to ensure she did not cause trouble. She was held overnight at an undisclosed location, where security officials denied her access to the bathroom. She was released the next day without charges.

Despite being released from prison in 2011, activist Hu Jia remained under extrajudicial house arrest during the year. Human rights lawyer Gao Zhisheng, who was released from prison in 2014, remained confined under strict house arrest.

Pretrial Detention: Pretrial detention could last longer than one year. Defendants in “sensitive cases” reported being subjected to prolonged pretrial detention. Many of the “709” detainees were held in pretrial detention for more than a year without access to their families or their lawyers.

e. Denial of Fair Public Trial

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

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

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

Courts are not authorized to rule on the constitutionality of legislation. The law permits organizations or individuals to question the constitutionality of laws and regulations, but a constitutional challenge may be directed only to the promulgating legislative body. Lawyers had little or no opportunity to rely on constitutional claims in litigation.

Media sources indicated public security authorities used televised confessions of lawyers, foreign and domestic bloggers, journalists, and business executives in an attempt to establish guilt before their criminal trial proceedings began or as a method of negotiating release from detention, such as the televised statements of Wang Yu, Zhang Kai, and Swedish national Peter Dahlin. NGOs asserted such statements were likely coerced, perhaps by torture, and some detainees who confessed recanted upon release and confirmed that their confessions had been coerced. No provision in the law allows the pretrial broadcast of confessions by criminal suspects.

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

TRIAL PROCEDURES

Although the amended criminal procedure law reaffirms the presumption of innocence, the criminal justice system remained biased toward a presumption of guilt, especially in high-profile or politically sensitive cases. According to the March work report submitted to the National People’s Congress (NPC) by the Supreme People’s Court (SPC), more than 1.2 million individuals were convicted while 1,039 were acquitted in 2015. The low acquittal rate of less than 1 percent has persisted for many years, although the overall number of acquittals during the year rose from the 778 recorded in 2014.

In many politically sensitive trials, courts announced guilty verdicts immediately following proceedings with little time for deliberation. Courts often punished defendants who refused to acknowledge guilt with harsher sentences than those who confessed. The appeals process rarely reversed convictions and failed to provide sufficient avenues for review; remedies for violations of defendants’ rights were inadequate.

Regulations of the SPC require trials to be open to the public, with the exception of cases involving state secrets, privacy issues, minors, or, on the application of a party to the proceedings, commercial secrets. Authorities used the state secrets provision to keep politically sensitive proceedings closed to the public, sometimes even to family members, and to withhold defendant’s access to defense counsel. Court regulations state that foreigners with valid identification should be allowed to observe trials under the same criteria as citizens, but foreigners were permitted to attend court proceedings only by invitation. As in past years, authorities barred foreign diplomats and journalists from attending a number of trials. In some instances the trials were reclassified as “state secrets” cases or otherwise closed to the public. During the year foreign diplomats attempted to attend at least a dozen public trials throughout the country. In many instances court officials claimed there were no available seats in the courtroom.

Portions of some trials were broadcast, and court proceedings were a regular television feature. In September, Zhou Qiang, the president of the SPC and head of the judiciary, announced the debut of a website, the Chinese Open Trial Network. It offered videos of more than 67,000 criminal, administrative, and civil proceedings, including all open SPC hearings and some select lower court hearings. The CCP leadership of the court involved, however, must approve the streaming of every case.

In keeping with the CCP Central Committee’s Fourth Plenum decision to reform certain aspects of the judicial system, the SPC issued updated regulations requiring the release of court judgments online. The regulations, which took effect on October 1, stipulate that court officials should release judgments, with the exception of those involving state secrets and juvenile suspects, within seven days of their adoption. These reforms, aimed at bringing greater transparency to the judicial system, extended to some of the most sensitive political cases. The Dui Hua Foundation reported that it obtained 117 judgments in cases involving state security as of September 30, up from 80 judgments in all of 2015.

Individuals facing administrative detention do not have the right to seek legal counsel. Criminal defendants were eligible for legal assistance, although the vast majority of criminal defendants went to trial without a lawyer. According to the State Council’s 2016White Paper on Legal Rights, 4.7 million cases received legal aid from 2012 to 2015.

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

According to Chinese legal experts and statistics reported in domestic media, defense attorneys took part in less than 20 percent of criminal cases; in some provinces it was less than 12 percent. In particular human rights lawyers reported that authorities did not permit them to effectively defend certain clients or threatened them with punishment if they chose to do so. Some lawyers declined to represent defendants in politically sensitive cases, and such defendants frequently found it difficult to find an attorney. When defendants were able to retain counsel in politically sensitive cases, government officials often prevented attorneys from organizing an effective defense. In some instances authorities prevented attorneys selected by defendants from taking the case and appointed a court attorney to the case instead.

Tactics employed by court and government officials included unlawful detentions, disbarment, harassment and physical intimidation, and denial of access to evidence and to clients. In June police beat Guangxi lawyer Wu Liangshu for refusing a body search by court police when he filed a lawsuit with the People’s Court in Nanning. Police suspected he was recording their conversations in court. Wu emerged from the courthouse partially stripped with his clothes torn.

The government suspended or revoked the business licenses or law licenses of those who took on sensitive cases, such as defending prodemocracy dissidents, house-church activists, Falun Gong practitioners, or government critics. Authorities used the annual licensing review process administered by the All China Lawyers Association to withhold or delay the renewal of professional lawyers’ licenses. In April lawyer Pu Zhiqiang was formally disbarred following the three-year suspended prison term he was given in December 2015 for his online comments critical of CCP rule.

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

Regulations adopted in 2015 also state that detention center officials should either allow defense attorneys to meet suspects or defendants or explain why the meeting cannot be arranged at that time. The regulations specify that a meeting should be arranged within 48 hours. Procuratorates and courts should allow defense attorneys to access and read case files within three working days. The time and frequency of opportunities available for defense attorneys to read case files shall not be limited, according to the guidelines. In some sensitive cases, lawyers had no pretrial access to their clients, and defendants and lawyers were not allowed to communicate with one another during trials. In contravention of the revised criminal procedure law (see section 1.d.), criminal defendants frequently were not assigned an attorney until a case was brought to court. The law stipulates the spoken and written language of criminal proceedings shall be conducted in the language common to the specific locality, with government interpreters providing language services for defendants not proficient in the local language. Sources noted that trials were predominantly conducted in Mandarin Chinese even in minority areas with interpreters provided for defendants who did not speak the language.

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

In 2015 the Ministry of Justice announced a rule that requires assigning lawyers to convicted prisoners on death row who cannot afford one during the review of their sentences. The number of capital offenses in the criminal code was reduced to 46 in 2015. Official figures on executions were classified as a state secret. According to the Dui Hua Foundation, the number of executions fell to 2,400 in 2013, down from a high of 24,000 in 1983. The drop reflected the reform of the capital punishment system initiated in 2007, but the number of executions since 2013 stabilized or even increased. Dui Hua also reported that an increase in the number of Uighur executions likely offset the drop in the number of Han Chinese executed.

POLITICAL PRISONERS AND DETAINEES

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

Political prisoners were granted early release at lower rates than other prisoners. The Dui Hua Foundation estimated that more than 100 prisoners were still serving sentences for counterrevolution and hooliganism, two crimes removed from the criminal code in 1997. Thousands of others were serving sentences for political and religious offenses, including “endangering state security” and “cult” offenses covered under Article 300 of the criminal code, crimes introduced in 1997. The government neither reviewed the cases of those charged before 1997 with counterrevolution and hooliganism nor released persons jailed for nonviolent offenses under repealed provisions.

In August, four men were convicted of the political crime of “subversion of state power” as a result of the 2015 “709” crackdown on public interest legal activism. Zhou Shifeng, the founder of the Beijing Feng Rui Law Firm, was sentenced to seven years for subversion. The media reported that prosecutors stated Zhou had “conspired with foreign governments,” and Zhou reportedly confessed to his crimes in a statement that some observers interpreted as a protest of the ruling. As recently as 2012, Beijing municipal authorities honored Zhou with recognition as a “Beijing Excellent Lawyer” for three straight years. His law firm was known for its legal activism and had represented clients in high-profile cases, including the 2008 melamine milk scandal.

In August authorities sentenced democracy activist and unregistered church leader Hu Shigen to seven years in prison for “subversion of state power.” The media reported he pled guilty, and his was one of the longer sentences among those detained during the “709” crackdown. In the same week, Feng Rui associate Zhai Yanmin and Christian activist Guo Hongguo were also convicted of the same charges, although both received suspended sentences.

In September the Beijing Municipal No. 2 Intermediate Court sentenced human rights lawyer Xia Lin, who previously represented artist Ai Weiwei, to 12 years’ imprisonment on charges of fraud. Supporters said that the charges were baseless and that authorities targeted Xia for his efforts to support human rights activists.

Many political prisoners remained in prison or under other forms of detention at year’s end, including writer Yang Maodong (Guo Feixiong); Uighur scholar Ilham Tohti; anticorruption activist Xu Zhiyong; Wang Bingzhang; activist Liu Xianbin; Zhou Yongjun; online dissident Kong Youping; Roman Catholic bishops Ma Daqin and Su Zhimin; pastor Zhang Shaojie; Falun Gong practitioner Bian Lichao; lawyers or legal associates Li Heping, Wang Quanzhang, Xie Yanyi, Xie Yang, and Li Chunfu; blogger Wu Gan; and many others. Nobel Peace Prize laureate Liu Xiaobo remained in Jinzhou Prison in Liaoning Province. His wife, Liu Xia, remained under surveillance and faced continued restrictions on her freedom of movement.

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

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

According to the 2015China Law Yearbook, in 2014 authorities indicted 1,411 individuals for “endangering state security,” an increase of 2 percent from 2013. Based on figures in the report of the Supreme People’s Court to the 2016 plenary session of the National People’s Congress, the Dui Hua Foundation estimated that approximately 500 “endangering state security” trials took place in 2015, down from approximately 1,000 in 2014, a decline believed to be due to the reclassification of crimes. Offenses previously considered as “endangering state security” were, starting in 2015, increasingly dealt with as “terrorism” and “disturbing social order,” including a charge frequently used against activists called “picking quarrels and provoking trouble.”

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Courts deciding civil matters faced the same limitations on judicial independence as criminal courts. The State Compensation Law provides administrative and judicial remedies for plaintiffs whose rights or interests government agencies or officials have infringed. The law also allows compensation for wrongful detention, mental trauma, or physical injuries inflicted by detention center or prison officials. Citizens seldom applied for state compensation because of the high cost of bringing lawsuits, low credibility of courts, and citizens’ lack of awareness of the law. Victims’ claims were difficult to assess because of vague definitions in the law and difficulties in obtaining evidence of damage. Judges were reluctant to accept such cases, and government agencies seldom ruled in favor of plaintiffs.

In some cases authorities pressured plaintiffs to drop their lawsuits. On May 1, Chen Wenying dropped her suit against the Xinhua News Agency and China Central Television (CCTV) for allegedly falsely accusing her son, labor rights activist Zeng Feiyang, of committing fraud. Chen decided to withdraw the lawsuit after she and her family began to receive threats from the government.

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

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

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

In September the General Office of the CCP Central Committee and the PRC State Council issued a directive mandating the establishment of a centralized “social credit system” to evaluate the trustworthiness of all individuals and companies in the country. Each person and company is to be assigned a score on the basis of information collected from the internet as well as public records. The directive’s goal is “to construct a credit-monitoring, warning, and punishment system” that operates on the principle that “if trust is broken in one place, restrictions are imposed everywhere.” It details a wide range of privileges that could be denied and punishments that could be imposed for “trust-breaking” conduct, including subjecting individuals and companies to targeted daily monitoring, random inspections, and possible arrest and criminal prosecution. The directive requires that an individual’s score be considered when he or she attempts to establish a social organization, and it singles out lawyers and law firms for restrictions if they engage in “trust-breaking” conduct.

According to media reports, the Ministry of Public Security used tens of millions of surveillance cameras throughout the country to monitor the general public. In 2015 the Beijing Municipal Public Security Bureau announced it had “covered every corner of the capital with a video surveillance system.” Human rights groups stated that authorities increasingly relied on video and other forms of surveillance to monitor and intimidate political dissidents, Tibetans, and Uighurs. The monitoring and disruption of telephone and internet communications were particularly widespread in the XUAR and Tibetan areas. The Cybersecurity Law passed in November codified the authority of security agencies to cut communication networks across an entire geographic region during “major security incidents,” although they have previously exercised this authority prior to passage of the Cybersecurity Law.

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

Property-related disputes between citizens and government authorities sometimes turned violent. These disputes frequently stemmed from local officials’ collusion with property developers to pay little or no compensation to displaced residents, combined with a lack of effective government oversight or media scrutiny of local officials’ involvement in property transactions as well as a lack of legal remedies or other dispute resolution mechanisms for displaced residents. The problem persisted despite central government claims it had imposed stronger controls over illegal land seizures and taken steps to standardize compensation. Redevelopment in traditional Uighur neighborhoods in cities throughout the XUAR resulted in the destruction of historically or culturally important areas. Some residents expressed opposition to the lack of proper compensation by the government and the coercive measures used to obtain their agreement to redevelopment.

There were several reports of authorities confiscating traditional pastoral lands from ethnic Mongolian herders for development in the Inner Mongolia Autonomous Region. In August authorities in Shin-Barag Left Banner forcibly evicted ethnic Mongolian herders from their pastoral lands they had grazed for generations under a legal contract with the government. Media and private sources reported that paramilitary officers placed the region under a security lockdown and detained 10 herders, charging one named Huubshalat with “separatism.”

a. Freedom of Speech and Press

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

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

In late February prominent real estate developer Ren Zhiqiang criticized President Xi’s call for media outlets to display absolute loyalty to the CCP. In two social media posts, Ren urged the CCP not to waste taxpayer money and opined, “Since when did the people’s government become the party’s government?” The government consequently stripped Ren Zhiqiang of his social media accounts, which had an estimated 37 million followers. TheNew York Timesreported on March 11 that Xinhua News Agency employee Zhou Gang issued an online letter accusing government censors of silencing critics, apparently in response to the Ren case.

Two weeks after President Xi’s visit to state media, anonymous authors posted a letter online calling for him to resign “for the future of the country and the people.” The authors claimed to be “loyal Communist Party members.” Authorities promptly shut downWujie News, the news website that carried the letter, and detained journalists, such as Jia Jia, whom security agents apprehended at the Beijing airport en route to Hong Kong. According to contacts and news reports, allWujie Newsstaff were later released.

In April online commentator Tian Li (also known as Chen Qitang) was tried for “inciting subversion of state power.” His verdict was suspended for a third time, with no announcement made before the end of the year. The charges stemmed from six political commentaries Chen had posted, three of which he had personally written. The prosecution said the articles represented a “harsh attack” on the CCP.

In November, Liu Feiyue, the founder of the Civil Rights and Livelihood Watch website, was detained on charges of “inciting state subversion” in Hubei Province. He had been detained and released earlier in the year when he tried to cover the CCP Central Committee’s sixth plenary session in Beijing.

Huang Qi, founder of the Tianwang Human Rights Center, was detained on November 28 and formally charged with “illegally providing state secrets abroad” on December 16. Authorities had long taken action against Huang for his efforts to document human rights abuses in the country on his 64Tianwang.com website. Previously convicted of “inciting subversion of state power” and “illegally possessing state secrets” in 2003 and 2008, he served five and three years in prison, respectively.

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

The government continued to strictly monitor the press and media, including film and television, via its broadcast and press regulatory body, the State Administration of Press, Publication, Radio, Film, and Television (SAPPRFT). The Cyberspace Administration of China (CAC) regulates online news media. All books and magazines continued to require state-issued publication numbers, which were expensive and often difficult to obtain. As in the past, nearly all print and broadcast media as well as book publishers were affiliated with the CCP or government. There were a small number of print publications with some private ownership interest but no privately owned television or radio stations. There were growing numbers of privately owned online media. The CCP directed the domestic media to refrain from reporting on certain subjects, and traditional broadcast programming required government approval. The SAPPRFT announced that satellite television channels may broadcast no more than two imported television programs each year during prime-time hours and that imported programs must receive the approval of local regulators at least two months in advance.

In a well-publicized February 19 visit to the three main state and CCP news organizations–the Xinhua News Agency, CCTV, and thePeople’s Daily–President Xi said, “Party and state-run media are the propaganda battlefield of the party and the government, [and] must bear the surname of the party. All of the party’s news and public opinion work must embody the party’s will, reflect the party’s ideas, defend the authority of the Party Central Committee, [and] defend the unity of the party.”

In March the prominent Chinese financial magazineCaixindefied the government by highlighting censorship of its online content. On March 5,Caixinpublished an article pointing out how the CAC had deleted an interview with Jiang Hong, a delegate to the advisory Chinese People’s Political Consultative Conference, because it touched on the issue of free speech. The CAC toldCaixineditors the interview contained “illegal content” and “violated laws and regulations.”

Both the SAPPRFT and CAC continued efforts to reassert control over the country’s growing world of new media. In December the SAPPRFT announced that commercial social media platforms like WeChat and Weibo are not allowed to disseminate user-generated audio or video programs about current events and are only supposed to distribute content from those that hold state-issued audiovisual online transmission licenses.

Violence and Harassment: The government frequently impeded the work of the press, including citizen journalists. Journalists reported being subjected to physical attack, harassment, and intimidation when reporting on sensitive topics. Government officials used criminal prosecution, civil lawsuits, and other punishment, including violence, detention, and other forms of harassment, to intimidate authors and journalists and to prevent the dissemination of unsanctioned information on a wide range of topics. A journalist could face demotion or job loss for publishing views that challenged the government.

Family members of journalists based overseas also faced harassment, and in some cases detention, as retaliation for the reporting of their relatives abroad. In March authorities detained the siblings of the Germany-based writer Zhang Ping after he wrote an article criticizing the government for its role in the disappearance of journalist Jia Jia. The family members, detained in Xichong County, Sichuan Province, were released several days later, and Zhang later publicly said he had “cut off ties” in order to protect them.

Uighur webmasters Dilshat Perhat and Nijat Azat continued to serve sentences for “endangering state security.” During the year additional journalists working in traditional and new media were also imprisoned.

Liu Yuxia, front-page editor of theSouthern Metropolis Daily, once considered a bastion for relatively independent views, was dismissed in March after the headline of one of the newspaper’s front-page stories about the burial of a prominent reformer was seen as a veiled criticism of President Xi’s admonition that the media “bear the surname of the party.” If the Chinese characters of the headline about the sea burial were read vertically in conjunction with the headline about President Xi’s call for loyalty by the media, as both headlines appeared in proximity on the same page, the combined headline could be interpreted as “the souls of Chinese media have died because they bear the party’s name.”

Li Xin, another former editor for theSouthern Metropolis Daily’s website, disappeared in Thailand and reappeared in China under detention after reportedly seeking political asylum in Thailand. Yu Shaolei, who edited the newspaper’s cultural section, also resigned in late March. Yu reportedly posted a photograph of his resignation form on Weibo, citing his “inability to bear your surname.” OneSouthern Metropolis Dailyjournalist was quoted as stating, “We think it won’t get any worse and then it does. We are being strangled.”

Four of the five Hong Kong booksellers who disappeared between October and December 2015 were released but remained under surveillance (see section 1.b.). In June, Zhu Tiezhi, the deputy editor in chief ofQiushi, the CCP’s foremost theoretical journal, reportedly hanged himself in the garage of the building where the journal was housed. Media outlets reported that Zhu had been depressed by ideological infighting within the CCP and was linked to Ling Jihua, one of former president Hu Jintao’s closest aides, who became a prime target in President Xi’s anticorruption campaign.

In December security officials in Gannan County, Heilongjiang Province, detained and beat journalists Liu Bozhi and Liu Dun fromChina Educational Newsafter they investigated reports of financial irregularities in public school cafeterias.

In July the state-controlled Chinese Academy of National Arts announced on its website that it had removed the existing management of the monthly magazineYanhuang Chunqiu, including its 93-year-old publisher and cofounder Du Daozheng. The magazine was known as an “intellectual oasis” in which topics like democracy and other “sensitive” issues could be discussed, and it had a reputation for publishing views on politics and history that challenged CCP orthodoxy. Observers saw the removal of Du along with several other senior staff including Hu Dehua, the son of late reformist CCP leader Hu Yaobang, as a threat to one of the country’s last strongholds of liberal thought. The magazine’s chief editor Yang Jisheng quit in 2015 in protest of increasing censorship. Following the forced reshuffle, Du suspended the publication on July 19, and it had not resumed operations by year’s end.

In September journalists were attacked, detained, and expelled from Wukan, a fishing village in Guangdong Province, as they tried to conduct interviews following protests over alleged land seizures and the detention of the elected village chief. Wukan was the site of protests in 2011 over land seizures and corruption, to which the provincial government responded by allowing villagers to elect their local leader.

Foreign journalists based in the country continued to face a challenging environment for reporting. According to the annualReporting Conditionssurvey of the Foreign Correspondents’ Club of China (FCCC) conducted during the year, 98 percent of respondents did not believe reporting conditions in the country met international standards. In addition, 48 percent of respondents believed working conditions had stayed the same since the previous year, while 29 percent believed conditions had deteriorated. Fifty-seven percent said they had been subjected to some form of interference, harassment, or violence while attempting to report from the country.

Restrictions on foreign journalists by central and local CCP propaganda departments remained strict, especially during sensitive times and anniversaries. Foreign press outlets reported that local employees of foreign news agencies were also subjected to official harassment and intimidation and that this remained a major concern for foreign outlets. The FCCC’s survey reported that 26 percent of respondents described interference or obstruction by police or “unidentified individuals” while reporting. Eight percent of respondents reported being subjected to “manhandling or physical violence,” a 3 percent increase from 2015. In addition, FCCC members reported physical and electronic surveillance of their staff and premises.

Although authorities continued to use the registration and renewal of residency visas and foreign ministry press cards to pressure and punish journalists whose reporting perturbed authorities, wait times were reportedly shorter for many applicants than in previous years. Many foreign media organizations continued to have trouble expanding their operations in the country due to the difficulty of receiving visas for new positions. Government officials continued to require regular meetings with journalists at the time of their renewals or after seeing reports they deemed “sensitive,” at which officials commonly made clear to reporters they were under scrutiny for their reporting. Security personnel often visited reporters unannounced and questioned them about their reporting activities.

Authorities continued to enforce tight restrictions on citizens employed by foreign news organizations. The code of conduct for citizen employees of foreign media organizations threatens dismissal and loss of accreditation for those citizen employees who engage in independent reporting. It instructs them to provide their employers information that projects “a good image of the country.” Several FCCC members reported local assistants had been summoned for meetings with security officials that the assistants found extremely intimidating. One foreign correspondent said security officials had called her local assistant a “traitor” and asked her why she was willing to help the foreign press with its “anti-China bias.”

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

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

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

The CCP Central Propaganda Department ordered media outlets to adhere strictly to the information provided by authoritative official departments when reporting on officials suspected of involvement in graft or bribery. Throughout the year the Central Propaganda Department issued similar instructions regarding various prominent events. Directives often warned against reporting on issues related to party and official reputation, health and safety, and foreign affairs. The orders included instructions for media outlets not to investigate or report on their own. The CAC and SAPPRFT strengthened regulations over the content online publications are allowed to distribute, reiterating long-standing rules that only state-licensed news media may conduct original reporting.

The FCCC reported that it was still largely impossible for foreign journalists to report from the TAR, other Tibetan areas, or Xinjiang without experiencing serious interference. Those who took part in government-sponsored trips to the TAR and other Tibetan areas expressed dissatisfaction with the access provided. Of those who tried to report from Tibetan areas, 60 percent reported problems, while 44 percent had trouble in Xinjiang. Foreign reporters also experienced restricted access and interference when trying to report in other sensitive areas, including the North Korean border, coal mining sites where protests had taken place, and other sites of social unrest, such as Wukan village in Guangdong Province.

Authorities continued to jam, with varying degrees of success, Chinese-, Uighur-, and Tibetan-language broadcasts of the Voice of America (VOA), the BBC, and Radio Free Asia. English-language VOA broadcasts generally were not jammed. Internet distribution of streaming radio news and podcasts from these sources was often blocked. Despite the jamming of overseas broadcasts, the VOA, the BBC, Radio Free Asia, Deutsche Welle, and Radio France International had large audiences, including human rights advocates, ordinary citizens, and government officials.

Overseas television newscasts, largely restricted to hotels and foreign residence compounds, were occasionally subject to censorship. Individual issues of foreign newspapers and magazines occasionally were banned when they contained articles deemed too sensitive.

Politically sensitive coverage in Chinese, and to a lesser extent in English, was censored more than coverage in other languages. The government prohibited some foreign and domestic films deemed too sensitive or selectively censored parts of films before they were released.

In November the NPC Standing Committee passed a Cybersecurity Law containing a provision that appeared to be aimed at deterring economists and journalists from publishing analysis that deviated from official views on the economy. Article 12 of the law criminalizes using the internet to “fabricate or spread false information to disturb economic order.” In January authorities blocked Reuters’ social media account on the Chinese platform Sina Weibo following a report that the country’s securities regulator Xiao Gang had offered to resign. The government stated that the Reuters report was not accurate, but a month later state media announced Xiao had been forced out.

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

Many intellectuals and scholars exercised self-censorship, anticipating that books or papers on political topics would be deemed too sensitive to be published.

Actions to Expand Press Freedom: The Ministry of Foreign Affairs began implementing a new system for journalist visa renewals and press card issuance. There were few complaints, but there was insufficient evidence to comment on the situation at the year’s end. Delays persisted in the approval process to expand foreign bureaus as well as visa applications for short-term reporting tours.

INTERNET FREEDOM

The internet continued to be widely available and used. According to an official report released in August by the China Internet Network Information Center, the country had 710 million internet users, accounting for 51.7 percent of its total population. The report noted 21.3 million new internet users in the first half of the year, with approximately 191 million going online from rural areas. Major media companies estimated that more than 500 million persons, mainly urban residents, obtained their news from social and online media sources. According to the 2016Chinese Media Blue Book, online media organizations accounted for 47 percent of the country’s entire media industry.

Although the internet was widely available, it was heavily censored. The government continued to employ tens of thousands of individuals at the national, provincial, and local levels to monitor electronic communications and online content. The government also reportedly paid personnel to promote official views on various websites and social media and to combat those who posted alternative views. Internet companies also employed thousands of censors to carry out CCP and government injunctions.

During the year there was a steady stream of new regulatory efforts to tighten government control of the online media space that had grown rapidly in the last four years, including draft regulations on strengthening government control of internet news services and online publishing.

The government’s updated definition of “internet news information” includes all matters pertaining to politics, economics, defense, diplomacy and “other social public issues and reports and comments of breaking social events.” Draft regulations require that all news reports conform to official views, establish a “dishonesty blacklist” system, and expand criminal penalties for violators.

In June the State Internet Information Office published aCircular on Further Strengthening the Management and Control of False News, which prohibits online platforms from publishing unverified content as news reports and strengthens regulation on the editing and distribution of news on online platforms, including microblogs and WeChat. The circular prohibits websites from publishing “hearsay and rumors to fabricate news or distort facts based on speculation.”

During the year the State Internet Information Office reportedly strengthened efforts to “punish and correct” false online news, reprimanding numerous popular portals, such as Sina, iFeng, and Caijing, and calling on the public to help monitor and report on “illegal and harmful information” found online.

On June 25, the CAC releasedNew Regulations on Internet Searchesthat took effect August 1. The regulations specifically ban search engines from showing “subversive” content and obscene information, longstanding prohibitions for local website operators.

On June 28, the CAC released newRegulations on the Administration of Mobile Internet App Servicesthat also took effect on August 1. The new rules expand the application of some requirements to app stores, such as Apple’s iTunes App Store, and developers and require mobile app providers to verify users’ identities with real-name registration, improve censorship, and punish users who spread “illicit information” on their platforms. The rules prescribe broad and vaguely worded prohibitions on content that “endangers national security,” “damages the honor or interests of the state,” “propagates cults or superstition,” or “harms social ethics or any fine national culture or traditions.” At year’s end authorities required Apple to remove theNew York TimesEnglish- and Chinese-language news apps from its iTunes App Store in the country. At least three apps were known to have been blocked since April.

In August the CAC called for an “editor in chief” system, ensuring that senior staff are responsible for online editorial decisions contrary to the government’s wishes or censorship guidelines. In September media outlets also reported the CAC had launched a campaign to clean up the comments sections on websites, which a CAC official described as an effort to make it easier for individuals to report illegal or harmful content.

In April, GreatFire.org, a website run by activists tracking online censorship in the country, reported that 21 percent of more than 40,000 domains, web links, social media searches, and internet protocol addresses that it monitors in the country were blocked. In addition to social media websites such as Facebook, the government continued to block almost all access to Google websites, including its e-mail service, photograph program, map service, calendar application, and YouTube.

Government censors continued to block websites or online content related to topics deemed sensitive, such as Taiwan, the Dalai Lama, Tibet, the 1989 Tiananmen massacre, and all content related to the Panama Papers. TheEconomist, for example, was blocked in April after it printed an article critical of President Xi’s consolidation of power. Many other websites for international media outlets, such as theNew York Times, theWall Street Journal, andBloomberg, remained perennially blocked, in addition to human rights websites, such as those of Amnesty International and Human Rights Watch.

Authorities continued to jail numerous internet writers for their peaceful expression of political views. In June authorities in Yunnan Province detained citizen journalists Lu Yuyu and Li Tingyu on suspicion of “picking quarrels and provoking trouble” as a result of their reporting. Li and Lu compiled and catalogued daily lists of “mass incidents”–the official term for protests, demonstrations, and riots–and disseminated their findings to the public via social media platforms, such as Weibo. Public security officials reportedly beat Lu, choked him, and twisted his arms until he was badly bruised. Reporters without Borders stated that Lu and Li were among 80 detained citizen journalists and bloggers.

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

While such censorship was effective in keeping casual users away from websites hosting sensitive content, some users circumvented online censorship through the use of various technologies. Information on proxy servers outside the country and software for defeating official censorship were available inside the country, but the government increasingly blocked access to the websites and proxy servers of commercial, academic, and other virtual private network providers.

The State Secrets Law obliges internet companies to cooperate with investigations of suspected leaks of state secrets, stop the transmission of such information once discovered, and report the crime to authorities. Furthermore, the companies must comply with authorities’ orders to delete such information from their websites; failure to do so is punishable by relevant departments, such as police and the Ministry of Public Security.

At the World Internet Conference in China in November, Ren Xianling, the vice minister for the CAC, called on participants to embrace state control of the internet and likened such controls to “installing brakes on a car before driving on the road.” Xi Jinping opened the conference with a videotaped address in which he reasserted earlier claims that the government exercised absolute control over the internet in the country through “cyber sovereignty.”

ACADEMIC FREEDOM AND CULTURAL EVENTS

The government continued restrictions on academic and artistic freedom and on political and social discourse at colleges, universities, and research institutes. Restrictive SAPPRFT and Central Propaganda Department regulations and decisions constrained the flow of ideas and persons. In 2013 theSouth China Morning Postreported that the CCP issued secret instructions to university faculty identifying seven “off-limits” subjects, including universal values, freedom of the press, civil society, civil rights, an independent judiciary, elite cronyism, and the historical errors of the CCP. Some academics self-censored their publications, faced pressure to reach predetermined research results, or were unable to hold conferences with international participants during politically sensitive periods. Foreign academics claimed the government used visa denials, along with blocking access to archives, fieldwork, or interviews, to pressure them to self-censor their work.

In 2015 then minister of education Yuan Guiren restricted the use of foreign textbooks in classrooms. Domestically produced textbooks remained under the editorial control of the CCP. In January, Reuters reported that the CCP Central Commission for Discipline Inspection had set up a team at the Ministry of Education that was “increasing supervision and inspection of political discipline” with the stated purpose, among other things, of preventing CCP members on university campuses from making “irresponsible remarks about major policies.” In addition, schools at all levels were required to merge “patriotic education” into their curriculum and extracurricular activities. The government and the CCP Organization Department controlled appointments to most leadership positions at universities, including department heads. While CCP membership was not always a requirement to obtain a tenured faculty position, scholars without CCP affiliation often had fewer chances for promotion.

In July, Chen Baosheng became minister of education, and one of his first acts was to establish a Commission on University Political Education to strengthen ideological discipline within the higher education system. At a press conference in March, Yuan highlighted the centrality of political indoctrination in the education system, declaring “the goal and orientation of running schools is to make our students become people qualified to inherit and build up socialism with Chinese characteristics.” The CCP continued to require undergraduate students, regardless of academic major, to complete political ideology coursework on subjects such as Marxism, Maoism, and Deng Xiaoping thought.

In December, Xi Jinping chaired the National Ideology and Political Work Conference for Higher Education and called for turning the academy into a “stronghold that adheres to party leadership.” Xi stressed that “China’s colleges and universities are institutions of higher learning under the Party’s leadership; they are colleges and universities with Chinese socialist characteristics.” Xi further asserted that strengthening the role of Marxism in the curriculum was needed to “guide the teachers and students to become staunch believers in the socialist value system.” Xi specifically called on professors to become “staunch supporters of the Party’s rule.”

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

Censorship and self-censorship of artistic works was common, particularly those artworks deemed to involve politically sensitive subjects. In addition, authorities scrutinized the content of cultural events and applied pressure to encourage self-censorship of discussions. In March a cafe was effectively prevented from a holding an event discussing online censorship in the country after security agents threatened one of the visiting Chinese participants.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

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

The law protects an individual’s ability to petition the government, but persons petitioning the government faced restrictions on their rights to assemble and raise grievances (see section 1.d.).

While the central government reiterated prohibitions against blocking or restricting “normal petitioning” and against unlawfully detaining petitioners, official retaliation against petitioners continued. This was partly due to central government regulations that took effect in 2015 requiring local governments to resolve complaints within 60 days and stipulating that central authorities will no longer accept petitions already handled by local or provincial governments. The regulations encourage all litigation-related petitions to be handled at the local level through local or provincial courts, reinforcing a system of incentives for local officials to prevent petitioners from raising complaints to higher levels. It also resulted in local officials sending security personnel to Beijing and forcibly returning petitioners to their home provinces to prevent them from filing complaints against local officials with the central government. Such detentions often went unrecorded and often resulted in brief periods of incarceration in extralegal “black jails.”

Petitioners faced harassment, illegal detention, and even more severe forms of punishment when attempting to travel to Beijing to present their grievances.

Citizens throughout the country continued to gather publicly to protest evictions, forced relocations, and inadequate compensation, often resulting in conflict with authorities or other charges.

Although peaceful protests are legal, public security officials rarely granted permits to demonstrate. Despite restrictions, many demonstrations occurred, but those motivated by broad political or social grievances were broken up quickly, sometimes with excessive force.

In June authorities arrested Wukan’s popularly elected village mayor, Lin Zuluan, on corruption charges. On September 8, Lin was convicted and sentenced to three years in prison and fined 200,000 yuan ($29,000). Large numbers of villagers took to the streets to protest what they considered bogus charges brought against Lin because of his resistance to land confiscation by higher-level authorities. Authorities deployed large numbers of riot police and used tear gas and rubber bullets to disperse the protest. Public security forces reportedly beat villagers at random, forcibly entered private homes to detain individuals suspected of participating in the protests, and prevented anyone from entering or leaving the village. The authorities also reportedly detained, interrogated, and assaulted foreign journalists, offering rewards for information leading to their detention. At year’s end dozens of villagers remained in detention, and at least 13 individuals suspected of leading the protest had been charged with crimes.

In July, thousands of citizens took to the streets in Lubu to protest plans for a new incinerator plant. Local citizens were concerned the plant would contaminate drinking water. The BBC reported that 21 protest leaders were detained, and other media reports indicated that the protests turned violent.

Rights lawyers and activists who advocated for nonviolent civil disobedience were detained, arrested, and in some cases sentenced to prison terms. In January a Guangzhou court convicted Tang Jingling, Yuan Xinting, and Wang Qingying of “inciting subversion of state power,” citing their promotion of civil disobedience and the peaceful transition to democratic rule as evidence. Media outlets reported the men were also signatories of the Charter 08 manifesto advocating political reform.

In April human rights activist Su Changlan stood trial at Foshan Intermediate Court on charges of “incitement to subvert state power” for activities in support of the 2014 Hong Kong prodemocracy movement. Five activists who gathered outside the court in support of Su were detained briefly. Authorities detained Su in 2014 and had held her for more than two years without sentencing her. She was refused a request for medical parole in September. Her husband reported being under police surveillance.

Concerts, sports events, exercise classes, or other meetings of more than 200 persons require approval from public security authorities. Large numbers of public gatherings in Beijing and elsewhere were not revived during the year after being canceled at the last minute or denied government permits in 2015, ostensibly under the guise of ensuring public safety.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, but the government restricted this right. CCP policy and government regulations require that all professional, social, and economic organizations officially register with and receive approval from the government. These regulations prevented the formation of autonomous political, human rights, religious, spiritual, labor, and other organizations that the government believed might challenge its authority in any area.

The government maintained tight controls over civil society organizations and in some cases detained or harassed NGO workers.

In January authorities detained a Swedish NGO worker, Peter Dahlin, on charges of endangering state security. He had worked for an organization that trained and supported activists and lawyers seeking to “promote the development of the rule of law.” After being paraded on state television in what his friends and colleagues characterized as a forced confession, which included an apology for “hurting the Chinese government and the Chinese people,” authorities deported Dahlin from the country.

On April 15, police detained 15 human rights activists while they ate dinner in a restaurant in Guangzhou. The activists had planned to gather at the Guangzhou Municipal Intermediate People’s Court the next day to show support for four prominent activists who faced charges of subversion for expressing their support for Hong Kong’s 2014 prodemocracy protest movement.

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

On August 22, the CCP Central Committee issued a directive mandating the establishment of CCP cells within all domestic NGOs by 2020. According to authorities, these CCP organizations operating inside domestic NGOs would “strengthen guidance” of NGOs in areas such as “decision making for important projects, important professional activities, major expenditures and funds, acceptance of large donations, and activities involving foreigners.” The directive also mandates that authorities conduct annual “spot checks” to ensure compliance on “ideological political work, party building, financial and personnel management, study sessions, foreign exchange, acceptance of foreign donations and assistance, and conducting activities according to their charter.” An editorial in the CCP’s official mouthpiece, thePeople’s Daily, explained how the CCP intends to transform social organizations into CCP affiliates: “Social organizations are important vehicles for the party to connect with and serve the masses; strengthening the party’s leadership is the basic guarantee of accelerating the healthy and orderly development of social organizations. We must fully bring into play the combat fortress function of party cells within social organizations.”

In April the NPC Standing Committee passed the Law on the Management of Foreign NGOs’ Activities within Mainland China (Foreign NGO Management Law), which was scheduled to go into effect in January 2017. The law requires foreign NGOs to register with the Ministry of Public Security and to find a state-sanctioned sponsor for their operations. NGOs that fail to comply face possible civil or criminal penalties. The law provides no appeal process for NGOs denied registration, and it stipulates that NGOs found to have violated certain provisions could be placed on a “blacklist” and barred from operating in the country.

Although the law had not yet gone into effect, some international NGOs reported that it became more difficult to work with local partners, including universities, government agencies, and other domestic NGOs, as the law codified the CCP’s perception that foreign NGOs were a “national security” threat. Finding an official sponsor was also difficult for foreign NGOs, as sponsors could be held responsible for the NGO’s conduct and had to undertake burdensome reporting requirements. Implementation guidelines and a list of permissible government sponsors were released less than a month before implementation, leaving NGOs uncertain how to comply with the law. Even after a list of sponsors was published, NGOs reported that most government agencies had no unit responsible for sponsoring foreign NGOs. The vague definition of an NGO, as well as of what activities constituted “political” and therefore illegal activities, also left many business organizations and alumni associations uncertain whether they fell under the purview of the law. The lack of clear communication from the government, coupled with harassment by security authorities, caused some foreign NGOs to suspend or cease operations in the country, even before the law took effect.

According to the Ministry of Civil Affairs, by June there were more than 670,000 legally registered social organizations, public institutions, and foundations. According to the Ministry of Public Security, in August there were more than 7,000 foreign NGOs. Many experts believed the actual number of domestic NGOs to be much higher. Domestic NGOs reported that foreign funding dropped during the year, as many domestic NGOs sought to avoid such funding for fear of being labeled as “subversive” in the face of growing restrictions imposed by new laws. NGOs existed under a variety of formal and informal guises, including national mass organizations created and funded by the CCP that are organizationally prohibited from exercising any independence, known as government-operated NGOs or GONGOs.

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

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

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

No laws or regulations specifically governed the formation of political parties. The Chinese Democracy Party (CDP) remained banned, and the government continued to monitor, detain, and imprison current and former CDP members. Activists Chen Shuqing and Lu Gengsong, who had been active with the banned CDP, were sentenced to more than 10 years’ imprisonment on charges of “subversion of state power” in June.

c. Freedom of Religion

See the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government at times did not respect these rights.

While seriously restricting its scope of operations, the government occasionally cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), which maintained an office in Beijing, to provide protection and assistance to select categories of refugees, asylum seekers, and other persons of concern.

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

Abuse of Migrants, Refugees, and Stateless Persons: There were reports that North Korean agents operated clandestinely within the country to forcibly repatriate North Korean citizens. According to press reports, some North Koreans detained by Chinese authorities faced repatriation unless they could pay bribes to secure their release.

In-country Movement: Authorities heightened restrictions on freedom of movement, particularly to curtail the movement of individuals deemed politically sensitive before key anniversaries, visits by foreign dignitaries, or major political events, as well as to forestall demonstrations. Freedom of movement for Tibetans continued to be very limited in the TAR and other Tibetan areas. Public security officers maintained checkpoints in most counties and on roads leading into many towns as well as within major cities, such as Lhasa. Restrictions were not applied to Han Chinese migrants or tourists in Tibetan areas.

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

A 2014 State Council legal opinion removed restrictions on rural migrants seeking household registration in small and mid-sized towns and cities. The regulations base household registrations on place of residence and employment instead of place of birth. The opinion exempts cities with large populations.

The household registration system added to the difficulties faced by rural residents, even after they relocated to urban areas and found employment. According to theStatistical Communique of the People’s Republic of China on 2015 National Economic and Social Developmentpublished by the Ministry of Human Resources and Social Security, 294 million persons lived outside the jurisdiction of their household registration. Of that number, 247 million individuals worked outside their home district. Many migrant workers and their families faced numerous obstacles with regard to working conditions and labor rights. Many were unable to access public services, such as public education for their children or social insurance, in the cities where they lived and worked because they were not legally registered urban residents. Poor treatment and difficulty integrating into local communities contributed to increased unrest among migrant workers in the Pearl River Delta. Migrant workers had little recourse when abused by employers and officials. Some major cities maintained programs to provide migrant workers and their children access to public education and other social services free of charge, but migrants in some locations reported difficulty in obtaining these benefits due to onerous bureaucratic processes.

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

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

Border officials and police cited threats to “national security” as the reason for refusing permission to leave the country. Authorities stopped most such persons at the airport at the time of their attempted travel. In January authorities detained journalist Jia Jia at the Beijing airport as he attempted to board a flight to Hong Kong. They held him for nearly two weeks with no charges and interrogated him about an open letter published online calling for Xi Jinping to resign.

Most citizens could obtain passports, although individuals the government deemed potential political threats, including religious leaders, political dissidents, petitioners, and ethnic minorities, routinely reported being refused passports or otherwise prevented from traveling overseas. The passport of former political prisoner and Falun Gong practitioner Wang Zhiwen was physically cancelled at a border checkpoint as he attempted to leave the country.

Uighurs, particularly those residing in the XUAR, reported great difficulty in getting passport applications approved at the local level. They were frequently denied passports to travel abroad, particularly to Saudi Arabia for the Hajj, to other Muslim countries, or to Western countries for academic purposes. Since October authorities ordered residents in some areas of the XUAR to turn in their passports or told residents no new passports were available. The passport recall, however, was not limited to Uighur areas. Family members of Uighur activists living overseas were also denied visas to enter the country.

Uighurs in the XUAR also faced restrictions on movement within the XUAR itself. Although the use of “domestic passports” that called for local official approval before traveling to another area was discontinued in May, identification checks remained in place when entering cities and on public roads. Reuters reported that authorities required applicants for travel documents to provide extra information prior to the month of Ramadan. For example, residents in the Ili Kazakh Autonomous Prefecture in the XUAR had to provide DNA samples, fingerprints, and voice recordings in order to apply for travel documents, according a local government newspaper in June.

In the TAR and Tibetan areas of Qinghai, Gansu, Yunnan, and Sichuan Provinces, Tibetans, especially Buddhist monks and nuns, experienced great difficulty acquiring passports. The unwillingness of Chinese authorities in Tibetan areas to issue or renew passports for Tibetans created, in effect, a ban on foreign travel for a large segment of the Tibetan population. Han Chinese residents of Tibetan areas did not experience the same difficulties.

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

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

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of refugee or asylee status. The government did not have a system for providing protection to refugees but allowed UNHCR to assist the relatively small number of non-North Korean and non-Burmese refugees. The government did not officially recognize these individuals as refugees; they remained in the country as illegal immigrants unable to work, with no access to education, and subject to deportation at any time.

Authorities continued to repatriate North Korean refugees forcibly, including trafficking victims, generally treating them as illegal economic migrants. The government detained and deported such refugees to North Korea, where they faced severe punishment or death, including in North Korean forced-labor camps. The government did not provide North Korean trafficking victims with legal alternatives to repatriation. The government continued to prevent UNHCR from having access to North Korean or Burmese refugees. Authorities sometimes detained and prosecuted citizens who assisted North Korean refugees as well as those who facilitated illegal border crossings.

In some instances the government pressured neighboring countries to return asylum seekers or UNHCR-recognized refugees to China. At year’s end India was reportedly preparing to return to China two Uighur asylum seekers who had been convicted of crimes in India.

Refoulement: The government did not provide protection against the expulsion or forcible return of vulnerable refugees and asylum seekers, especially North Korean refugees. The government continued to consider North Koreans as “illegal economic migrants” rather than refugees or asylum seekers and forcibly returned many of them to North Korea. The government continued to deny UNHCR permission to operate outside of Beijing.

Access to Basic Services: North Korean asylum seekers and North Koreans in the country seeking economic opportunities generally did not have access to health care, public education, or other social services due to lack of legal status. International media reported that as many as 30,000 children born to North Korean women in China, most of whom were married to Chinese spouses, were denied access to public services, including education and health care, despite provisions in the law that provide citizenship to children with at least one PRC citizen parent.

Durable Solutions: The government largely cooperated with UNHCR when dealing with the resettlement in China of Han Chinese or ethnic minorities from Vietnam and Laos living in the country since the Vietnam War era. The government and UNHCR continued discussions concerning the granting of citizenship to these long-term residents and their children, many of whom were born in China. The government worked with UNHCR in granting exit permission for a small number of non-Burmese and non-North Korean refugees to resettle to third countries.

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

Elections and Political Participation

Recent Elections: In 2013 the NPC’s nearly 3,000 delegates elected the president and vice president, the premier and vice premiers, and the chairman of the Central Military Commission. The NPC Standing Committee, which consisted of 175 members, oversaw the elections and determined the agenda and procedures for the NPC. The selection of NPC members takes place every five years, and the process is controlled by the CCP.

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

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

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

In September the NPC Standing Committee expelled 45 deputies from Liaoning Province for violations of the electoral law, including vote buying and bribery. Official media described the case as “unprecedented since the founding of the People’s Republic of China in 1949.” More than 500 of the 617 members of the Liaoning Provincial People’s Congress were implicated in the scandal and either resigned or were expelled from the body. The NPC Standing Committee also disbanded the Liaoning Provincial People’s Congress Standing Committee and established a preparatory panel to function on its behalf until convening of a new provincial people’s congress.

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

No laws or regulations specifically govern the formation of political parties. The Chinese Democracy Party (CDP) remained banned, and the government continued to monitor, detain, and imprison current and former CDP members. Activists attempting to create or support unofficial parties were arrested, detained, or confined.

Participation of Women and Minorities: While the government placed no special restrictions on the participation of women or minority groups in the political process, women held few positions of significant influence in the government or CCP structure. Among the 2,987 appointed delegates to the 12th NPC in 2013, 699 (23 percent) were women. Following the 18th CCP Congress in 2013, two women were members of the CCP Central Committee’s 25-member Politburo. There were no women in the Politburo Standing Committee.

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

A total of 409 delegates from 55 ethnic minorities were members of the 12th NPC, accounting for 14 percent of the total number of delegates. All of the country’s officially recognized minority groups were represented. The 18th Communist Party Congress in 2013 elected 10 members of ethnic minority groups as members of the 205-person Central Committee. There was no ethnic minority member of the Politburo and only one ethnic minority was serving as a party secretary of a provincial-level jurisdiction, although a handful of ethnic minority members were serving as leaders in provincial governments. In March an ethnic Mongolian woman, Bu Xiaolin, became chair of the Inner Mongolia Autonomous Region, equivalent to a provincial governor. In July an ethnic Hui woman, Xian Hui, also became chair of the Ningxia Hui Autonomous Region.

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

In January the Central Commission for Discipline Inspection (CCDI), the CCP’s investigative body that enforces political discipline among its members, including countering corruption, reported that in 2015 it received more than 2.8 million allegations of corruption, investigated 330,000 corruption-related cases, and disciplined 336,000 officials, 44 percent more than in 2014. Among those investigated, 42 senior officials at the vice-ministerial level or above in the CCP, government, and state-owned enterprises were eventually removed from their posts. In addition, 34,000 officials were punished for violating one or more of the “eight rules” that serve as the mandate for the anticorruption campaign, 52 percent less than 2014. The CCDI continued to operate outside the judicial system, and in many cases it punished CCP members and officials in the absence of a judicial process.

The CCP internal disciplinary system used to investigate party members suspected of corruption and other violations of party rules–known as “shuanggui”–continued to operate without legal oversight and with widespread allegations of torture. Many officials accused of corruption or other discipline violations were interrogated and in some cases tortured while under investigation by the CCP, often to extract a confession of wrongdoing. Some were later turned over to the judicial system for criminal prosecution.

Corruption: In numerous cases public officials and leaders of state-owned enterprises, who generally held high CCP ranks, were investigated for corruption. In March, Procurator General Cao Jianming reported to the 12th NPC that in 2015 the government investigated 4,568 public servants above the county level for corruption, including 41 at the provincial and ministerial levels or above, in 4,490 cases of graft, bribery, and embezzlement of public funds, each involving more than one million yuan ($145,000). While the tightly controlled state media apparatus publicized some notable corruption investigations, as a general matter, there were very few details regarding the process by which CCP and government officials were investigated for corruption.

In January the CCP announced it was investigating National Bureau of Statistics head Wang Bao’an. Wang was expelled from the CCP in August for accepting bribes, and his case was turned over to judicial officials for prosecution.

In March the CCP announced it was investigating former Liaoning provincial CCP secretary Wang Min. Wang was expelled from the party in August for his association with a bribery and vote-buying scheme involving members of the Liaoning Provincial People’s Congress and Liaoning deputies to the NPC.

On July 4, a court sentenced Ling Jihua, a former member of the Politburo and head of the CCP General Office, to life in prison for extorting 77.1 million yuan ($11.2 million), abuse of power, and illegally obtaining state secrets. Ling was one of former president Hu Jintao’s closest advisors.

In some cases individuals who tried to report corruption faced reprisal and retribution. In July a real estate developer in Hunan Province, Wu Zhengge, was arrested after he hired a private investigator to find evidence of corruption by several local judges. The judges were presiding over a criminal case against Wu, who hoped to use the evidence to blackmail the judges into dismissing the case. Although the judges were placed under investigation for public corruption, Wu was later arrested and charged with disclosing personal information.

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

Public Access to Information: Open-government information regulations allow citizens to request information from the government. The regulations require government authorities to create formal channels for information requests and to include an appeals process if requests are rejected or not answered. They stipulate that administrative agencies should reply to requests immediately to the extent possible. Otherwise, the administrative agency should provide the information within 15 working days, with the possibility of a maximum extension of an additional 15 days. According to the regulations, administrative agencies may collect only cost-based fees (as determined by the State Council) for searching, photocopying, postage, and similar expenses when disclosing government information on request. The regulations include exceptions for state secrets, commercial secrets, and individual privacy.

Publicly released provincial- and national-level statistics for open-government information requests showed wide disparities across localities, levels of government, and departments regarding the number of requests filed and official documents released in response.

If information requesters believed that an administrative agency violated the regulations, they could report it to the next higher-level administrative agency, the supervision agency, or the department in charge of open-government information.

The government sought to maintain control over civil society groups, halt the emergence of independent NGOs, and hinder the activities of civil society and rights’ activist groups. The government harassed independent domestic NGOs and 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 quasi-governmental, and government agencies had to sponsor all official NGOs.

The United Nations or Other International Bodies: In August the UN special rapporteur on extreme poverty and human rights, Philip Alston, visited the country. Alston said that the government restricted his activities and that security agents followed him throughout his visit. Many of his meeting requests were declined, and although he submitted a list of academics he wanted to meet prior to his visit, he was told that many of them had been advised they should be on vacation during his visit. Security agents detained one person en route to a meeting with Alston. Alston’s request to visit was first made in 2005, according to the UN Office of the Human Rights Commissioner. A dozen other requests for visits to the country by UN experts remained outstanding.

The government remained reluctant to accept criticism of its human rights record by other nations or international organizations. It criticized reports by international human rights monitoring groups, claiming that such reports were inaccurate and interfered in the country’s internal affairs.

Government Human Rights Bodies: The government maintained that each country’s economic, social, cultural, and historical conditions determined its approach to human rights. The government claimed that 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.

Women

Rape and Domestic Violence: Rape is illegal, and some persons convicted of rape were executed. The penalties for rape range from three years in prison to death. The law does not address spousal rape.

Cases of rape were unreported, and most cases were closed through private settlement. From 2013 to 2015, courts adjudicated 66,736 rape cases in which 62,551 defendants were given criminal convictions. Scholars pointed out that performance indicators for public security officers and prosecutors disincentivized prosecution of rape cases, as private settlement of cases minimized the risk that the records of prosecutors and public security officials would be tarnished by mishandled cases. The government, however, acknowledged the need to include the reporting of rape, domestic violence, sexual harassment, and other gender-related cases in annual judicial statistics.

Domestic violence remained a significant problem, but the government took a significant step to protect women from domestic abuse through the passage of the Family Violence Law, which took effect March 1. The law defines domestic violence as physical and mental violence between family members. NGOs reported that, as a result of the law, more women were willing to report domestic violence incidents to police. Nevertheless, implementation of the law remained inconsistent during its first year, largely due to authorities’ lack of awareness of the law’s implementing measures. Societal sentiment that domestic violence was a personal, private matter also contributed to underreporting and inaction by authorities when women faced violence at home.

According to reports, at least one-quarter of families suffered from domestic violence and more than 85 percent of the victims were women. The government supported shelters for victims of domestic violence, and some courts provided protections to victims, including through restraining 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. During the year several domestic violence service-oriented organizations were unable to register formally as nonprofit organizations, as authorities rejected their applications.

While domestic violence tended to be more prevalent in rural areas, it also occurred among the highly educated urban population. Women in rural areas, however, often lacked access to protection due to the perception that domestic violence was a lesser crime. In one case in Henan Province, a man was sentenced to death with a two-year reprieve–instead of immediate execution–after murdering his wife. In its written judgement, the court cited the fact that the murder was a “domestic case” in its reasoning for a reduced penalty.

During the year the government began to open dedicated shelters for domestic violence survivors, a change from previous years when survivors could only go to homeless shelters providing domestic violence-related services. Such shelters opened in Chengdu, Dazhou, Nanjing, and Zhengzhou municipalities, offering psychological counseling for victims of domestic abuse, including women and children. The shelters reported they were underutilized due to the public shame associated with domestic violence.

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

Courts’ recognition of domestic violence improved, making spousal abuse a mitigating factor in crimes committed in self-defense. In 2015 the SPC issued guidelines for dealing with cases of domestic violence to improve the unified application of laws, according to the Information Office of the State Council.

Sexual Harassment: The law bans sexual harassment. Offenders are subject to a penalty of up to 15 days in detention, according to the Beijing Public Security Bureau. Nonetheless, because laws lacked a clear definition of sexual harassment, 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 that 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.

The Law on the Protection of Women’s Rights and Interests empowers victims to file a sexual harassment complaint with their employer and/or with authorities. If employers failed to take effective measures to prevent sexual harassment, they could be fined.

Sexual harassment was not limited to the workplace. According to a 2014 survey by the All China Women’s Federation (ACWF), 57 percent of female students at 15 universities reported having been sexually harassed. Some of them experienced such harassment repeatedly. Many students said they were unaware of formal procedures to report incidents of harassments. At Beijing Normal University, one student documented 60 instances of sexual harassment over the past decade, prompting online debate and the university to start an antiharassment awareness campaign.

The ACWF and universities worked to improve awareness on sexual harassment by offering seminars and classes; however, NGOs that sought to increase public awareness of sexual harassment came under increasing scrutiny. Some women’s NGOs reported harassment by public security and faced challenges executing their programs. In September women’s rights activist Shan Lihua was found guilty by the Gangzha District People’s Court in Nantong, Jiangsu Province, of “picking quarrels and stirring up trouble.” The indictment specifically cited Shan’s activism on a rape case in Hainan Province as evidence, according to media reports.

Reproductive Rights: On January 1, the government raised the birth limit imposed on its citizens from one to two children per married couple, thereby ending the “one-child policy” first enacted in 1979. The revised 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. The revised law did not, however, eliminate state-imposed birth limitations or the penalties that citizens face for violating the law. The government considers intrauterine devices (IUDs) and sterilization to be the most reliable form of birth control and compelled women to accept the insertion of IUDs by officials. The National Health and Family Planning Commission reported that all provinces eliminated an earlier requirement to seek approval for a birth before a first child was conceived, but provinces could still require parents to “register pregnancies” prior to giving birth, which could be used as a de facto permit system in some provinces.

Under the law and in practice, there continued to be financial and administrative penalties for births that exceed birth limits or otherwise violate regulations. The National Health and Family Planning Commission announced it would continue to impose fines, called “social compensation fees,” for policy violations. 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 level 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 services. Some parents avoided the fee by hiding a child born in violation of the law with friends or relatives.

The revised law maintains previous language indicating that “citizens have an obligation to practice birth planning in accordance with the law” and also states that “couples of child-bearing age voluntarily choose birth planning contraceptive and birth control measures to prevent and reduce unwanted pregnancies.” Regulations pertaining to single women and unmarried couples remain unchanged. 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 can avoid those penalties by marrying within 60 days of the baby’s birth. In localities with large populations of migrant workers, officials specifically targeted migrant women to ensure that they did not exceed birth limitations.

Government statistics on the percentage of abortions during the year that were nonelective were not available. State media claimed the number of coerced abortions had declined in recent years in the wake of looser regulations, including the implementation of the two-child policy.

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 coercive abortions and sterilizations. 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, job loss, demotion, and loss of promotion opportunity (for those in the public sector or state-owned enterprises), expulsion from the CCP (membership is an unofficial requirement for many jobs), and other administrative punishments. In July the state-funded news outletSixth Tonereported that officials in Guangdong Province threatened a remarried couple with termination of their employment unless the wife had an abortion. Both individuals were government employees and each had a child from a prior marriage. Regulations in Guangdong Province do not permit such couples to have a child.

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. For example, Hunan provincial regulations that were revised in March stipulate: “Pregnancies that do not conform to the conditions established by the law should promptly be terminated. For those who have not promptly terminated the pregnancy, the township people’s government or subdistrict office shall order that the pregnancy be terminated by a deadline.” Other provinces, such as Jilin, removed previous requirements to terminate pregnancies that violate the policy but retained provisions that require local officials to “promptly report” to higher authorities when such pregnancies are discovered without specifying what measures will be taken thereafter. Other provinces, such as Guizhou, Jiangxi, Qinghai, and Yunnan, maintained provisions that require “remedial measures,” an official euphemism for abortion, to deal with pregnancies that violate the policy. Some provinces, such as Guangdong, removed provisions from provincial-level regulations requiring “remedial measures” but inserted them instead into the revised regulations of major municipalities, such as Shenzhen. In the provinces where provincial regulations do not explicitly require termination of pregnancy or remedial measures, some local officials still coerced abortions to avoid surpassing population growth quotas.

The law mandates that family planning bureaus administer pregnancy tests to married women of childbearing age and provide them with unspecified “follow-up” services. Some provinces fined women who did not undergo these periodic state-mandated pregnancy tests. Officials at all levels could receive rewards or penalties based on whether or not they met the population targets set by their administrative region. Promotions for local officials depended in part on meeting population targets.

Although the population and birth planning law states that officials should not violate citizens’ “lawful rights” in the enforcement of birth limitation policy, these rights are not clearly defined nor are the penalties for violating them. The law lists seven activities that authorities are prohibited from undertaking when enforcing birth control regulations, which include beating individuals and their families, destroying property or crops, confiscating property to cover the amount of the fee, detaining relatives, and conducting pregnancy tests on unmarried women. Forced abortion is not listed. By law citizens may sue officials who exceed their authority in implementing birth-planning policy, but few protections exist for citizens against retaliation from local officials.

Discrimination: The constitution states that “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. Despite this, many activists and observers expressed concern that discrimination remained a problem. Women reported that discrimination, unfair dismissal, demotion, and wage discrepancies were significant problems.

On average, women earned 35 percent less than men doing 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. In 2015 women constituted 17 percent of legislators, senior officials, and managers.

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 that 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.

In April a Guangzhou court sided with a female plaintiff, Gao Xiao, who had sued a restaurant for refusing to hire her as a cook after she was told the job was only open to men. The court ordered that Gao be paid 2,000 yuan ($290) in compensation. This was reportedly Guangzhou’s first gender-discrimination lawsuit.

Women’s rights advocates indicated that 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 that women enjoy equal rights in cases of land management, but experts asserted that this was rarely the case due to the complexity of the law and difficulties in its implementation.

Gender-biased Sex Selection: According to the National Bureau of Statistics of China, the sex ratio at birth was 113 males to 100 females in 2016, a decline from 2013, when the ratio was 116 males for every 100 females. Sex identification and sex-selective abortion are prohibited, but the practices continued because of traditional preference for male children and the birth-limitation policy.

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. No data was available on the number of unregistered births. In 2010 the official census estimated there were 13 million individuals without official documentation, many of whom likely were “ghost” children whose births were concealed from local officials because they violated the population control policy. Some local officials denied such children household registration and identification documents, particularly if their families could not pay the social compensation fees.

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. Although public schools were not allowed to charge tuition, 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.

Denied access to state-run schools, most children of migrant workers who attended school did so at unlicensed and poorly equipped schools.

Child Abuse: The physical abuse of children is ground for criminal prosecution. Kidnapping, buying, and selling children for adoption existed, particularly in poor rural areas, but there were no reliable estimates of the number of children kidnapped. Government authorities regularly estimated that fewer than 10,000 children were abducted per year, but media reports and experts sources noted that as many as 70,000 may be kidnapped every year. Most children kidnapped internally were sold to couples unable to have children. Those convicted of buying an abducted child could be sentenced to three years’ imprisonment. In the past most children abducted were boys, but increased demand for children reportedly drove kidnappers to focus on girls as well. In an effort to reunite families, the Ministry of Public Security maintained a DNA database of parents of missing children and of children recovered in law enforcement operations. During the year the government adopted a telephone system similar to the Amber Alert system in the United States.

Between 2013 and 2015, courts adjudicated 7,610 child molestation cases, sentencing 6,620 individuals. The number of convictions in child molestation cases consistently increased between 2013 and 2015. In a report during the year, the SPC acknowledged there had been a high number of cases involving the sexual abuse of minors. The People’s Public Security University of China estimated that, for every reported case of sexual abuse, as many as seven cases went unreported.

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: Persons who forced girls under the age of 14 into prostitution could be sentenced to seven 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 under age 14 were subject to five years or more in prison in addition to paying a fine.

The minimum legal age for consensual sex is 14.

p*rnography of any kind, including child p*rnography, 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 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.

Persons broadcasting or showing obscene materials to minors under the age of 18 are to be “severely punished.”

Infanticide or Infanticide of Children with Disabilities: The law forbids infanticide, but there was evidence that the practice continued. According to the National Health and Family Planning Commission, at least one doctor was charged with infanticide. No other statistics on the practice were available. Female infanticide, gender-biased abortions, and the abandonment and neglect of baby girls were declining but continued to be a problem in some circ*mstances due to the traditional preference for sons and the birth-limitation policy.

Displaced Children: There were approximately 1.5 million street children, according to the UN Development Program. There were between 150,000 and one million urban street children, according to state media. This number could be even higher if the children of migrant workers who spent the day on the streets were included. In 2013 the ACWF estimated that more than 61 million children under the age of 17 were left behind by their migrant-worker parents in rural areas.

Institutionalized Children: The law forbids the mistreatment or abandonment of children. The vast majority of children in orphanages were girls, many of whom were abandoned. Boys in orphanages usually had disabilities or were in poor health. Medical professionals sometimes advised parents of children with disabilities to put the children into orphanages.

The government denied that children in orphanages were mistreated or refused medical care but acknowledged that the system often was unable to provide adequately for some children, particularly those with serious medical problems. Adopted children were counted under the birth-limitation regulations in most locations. As a result, couples who adopted abandoned infant girls were sometimes barred from having additional children. The law was changed during the year to allow children who are rescued to be made available for adoption within one year if their family is not identified.

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’sAnnual Report on International Parental Child Abductionattravel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

The government does not recognize Judaism as an ethnicity or religion. According to information from the Jewish Virtual Library, the country’s Jewish population was 2,500 in 2014. In September theNew York Timesreported that members of the Kaifeng Jewish community in Henan Province came under pressure from authorities. Approximately 1,000 Kaifeng citizens claimed Jewish ancestry. Media reports stated that authorities forced the only Jewish learning center in the community to shut down.

Trafficking in Persons

See the Department of State’sTrafficking in Persons Reportatwww.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 failed to provide persons with disabilities access to programs intended to assist them. The Ministry of Civil Affairs and the China Disabled Persons Federation (CDPF), a government-organized civil association, are the main entities responsible for persons with disabilities.

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.

Publicly available statistics showed conflicting information about the education rate for children with disabilities. The Ministry of Education reported that there were more than 2,000 special education schools for children with disabilities and that 83,000 children remained outside the state education system, mostly in rural areas. In August the CDPF reported that more than 140,000 school-age children with disabilities were in need of suitable education. NGOs reported that 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. The law permits universities to exclude candidates with disabilities who would otherwise be qualified. In 2015, of the country’s 7.4 million college freshman, only 8,508 had disabilities. A regulation mandates accommodations for students with disabilities when taking the national university entrance exam.

Nearly 100,000 organizations existed, mostly in urban areas, to serve those with disabilities and protect their legal rights. The government, at times in conjunction with NGOs, sponsored programs to integrate persons with disabilities into society.

Misdiagnosis, inadequate medical care, stigmatization, and abandonment remained common problems. Parents who chose to keep children with disabilities at home generally faced difficulty finding adequate medical care, day care, and education for their children. Government statistics reported that four million persons with disabilities lived in poverty.

Unemployment among adults with disabilities, in part due to discrimination, remained a serious problem. In April the Ministry of Human Resources and Social Security reported that, of the country’s 85 million reported persons with disabilities, 4.3 million were employed in urban areas and 16.7 million were employed in rural areas. 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. In some parts of the country, billboard advertisem*nts informed companies that they needed to pay a disability “tax” rather than encouraging them to hire persons with disabilities. In some cases otherwise qualified candidates were denied jobs because of physical disabilities. In August the government reported that at least four million persons with disabilities lived in poverty.

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 with the law was limited.

The law forbids the marriage of persons with certain mental disabilities, such as schizophrenia. If doctors found that a couple was at risk of transmitting congenital disabilities to their children, the couple could 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 that local governments must employ such practices to raise the percentage of births of children without disabilities.

National/Racial/Ethnic Minorities

Most minority groups resided in areas they had traditionally inhabited. 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.

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 often 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. Some job advertisem*nts in the XUAR made clear that Uighur applicants would not be considered for employment. 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 the source of deep resentment in the XUAR, the Inner Mongolia Autonomous Region, the TAR, and other Tibetan areas.

Ethnic minorities represented approximately 13.7 percent of delegates to the NPC and more than 15 percent of NPC Standing Committee members, according to an official report issued in 2014. Han Chinese officials continued to hold the majority of the most powerful CCP and government positions in minority autonomous regions, particularly the XUAR.

The government’s policy to encourage Han Chinese migration into minority areas significantly increased the population of Han in the XUAR. In recent decades, the Chinese-Uighur ratio in the capital of Urumqi reversed from 20/80 to approximately 80/20 and continued to be a source of Uighur resentment. Discriminatory hiring practices gave preference to Han Chinese and reduced job prospects for ethnic minorities. Arable land in the XUAR’s Hotan Prefecture was appropriated from Uighur residents and distributed to Han Chinese migrants, Radio Free Asia reported in April.

According to a November 2015 government census, 9.5 million, or 40 percent, of the XUAR’s official residents were Han Chinese. Uighur, Hui, Kazakh, Kyrgyz, and other ethnic minorities constituted 14.1 million XUAR 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. As the government continued to promote Han migration into the XUAR and filled local jobs with domestic migrant labor, local officials coerced young Uighur men and women to participate in a government-sponsored labor transfer program to cities outside the XUAR, according to overseas human rights organizations. In April, Radio Free Asia reported that local authorities in Hotan Prefecture ordered Uighur men and women to take part in a labor program to prevent their involvement in “illegal activities” and promote stability in the area.

The law states that “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 guarantees of cultural and linguistic rights, many primary, middle, and high school students in the XUAR had limited access to Uighur-language instruction and textbooks. There were reports that private Uighur-language schools were shut by authorities without any transparent investigation under the pretense that they promoted radical ideologies. Uighur students were often provided insufficient Uighur-language resources and instruction to maintain the integrity of their culture and traditions.

Officials in the XUAR continued to implement a pledge to crack down on the government-designated “three evil forces” of religious extremism, ethnic separatism, and violent terrorism, and they outlined efforts to launch a concentrated re-education campaign to combat what it deems to be separatism. The government in December 2015 adopted a counterterrorism law defining terrorism broadly in a way that could include religious, political, and ethnic expression. In August the XUAR government adopted a provincial-level interpretation of the national legislation, expanding the definition of terrorism to include the use of cell phones to spread terrorist ideology and “twisting” the concept of halal to apply to nonfood aspects of life. Some security raids, arbitrary detentions, and judicial punishments, ostensibly directed at individuals or organizations suspected of promoting the “three evil forces,” appeared to target groups or individuals peacefully seeking to express their political or religious views. Officials continued to use the threat of violence as justification for extreme security measures directed at the local population, journalists, and visiting foreigners.

Uighurs continued to be sentenced to long prison terms and in some cases executed without due process on charges of separatism and endangering state security. Economist Ilham Tohti remained in prison, where he was serving a life sentence, after being convicted on separatist-related charges in 2014. Many governments continued to call for his release, and Tohti was awarded the Martin Ennals Foundation’s human rights award.

In January, Xinjiang-based activist Zhang Haitao was sentenced to 19 years in prison on charges of “inciting subversion of state power” and “probing and supplying intelligence abroad.” Haitao, who is Han Chinese, had been publicly critical of the government’s policies toward Uighurs. In November a Xinjiang court upheld the sentence.

Authorities detained Uighur social activists and the web administrators of popular Uighur language websites, including the websiteMisranim, in the weeks leading up to Ramadan, Radio Free Asia reported in June. Ababekri Muhtar, the founder ofMisranimand a disabled social activist, was also detained between April and June.

Authorities employed show trials, mass arrests, and sentencing to convict large numbers of Uighurs for state security and other suspected crimes. Seventeen Uighurs, including four women, were reportedly arrested in connection with a September incident that resulted in the death of a public security chief in Hotan prefecture, but there was no information on their alleged crimes or place of custody, according to NGOs.

Eleven Uighurs convicted of endangering state security and terrorism saw their sentences reduced or commuted by the Xinjiang High People’s Court in February following lobbying efforts by the Dui Hua Foundation.

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. There were accusations that government pressure led to India’s cancellation of exiled Uighur leader Dolkun Isa’s visa to attend a conference there, according to Reuters. Some Uighurs who were forcibly repatriated disappeared after arrival. The international community was still unable independently to confirm the welfare of the 109 Uighurs forcibly repatriated from Thailand in July 2015. Uighurs residing in Canada indicated that Xinjiang authorities detained and interrogated them during visits to the region, pressuring them to spy on other Uighurs living abroad for Chinese authorities.

Freedom of assembly was severely limited during the year in the XUAR. For information about abuse of religious freedom in Xinjiang, see the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

Authorities did not permit possession of publications or audiovisual materials discussing independence, autonomy, or other politically sensitive subjects. Uighur Abduhelil Zunun remained in prison for his peaceful expression of ideas the government found objectionable.

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 or to strengthen existing ones and report violations of the law. Authorities reportedly searched cell phones at checkpoints and during random inspections of Uighur households, and those in possession of alleged terrorist material, including digital pictures of the East Turkistan flag, could be arrested and charged with crimes. When their use was detected, authorities forced individuals to delete messaging software and software used to circumvent internet filters. In some areas authorities restricted the use of cell phones and internet access. In February authorities in Chaghraq Township in Aksu Prefecture sentenced a resident to seven years in prison for allegedly watching a film on Muslim migration, according to a Radio Free Asia report.

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. Due to societal discrimination and pressure to conform to family expectations, most lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons refrained from publicly discussing their sexual orientation or gender identity. Individuals and organizations working on LGBTI issues continued to report discrimination and harassment from authorities similar to that experienced by other organizations that accept funding from overseas.

Despite reports of domestic violence among LGBTI couples, the regulations on domestic violence and the Family Violence Law do not include same-sex partnerships, giving LGBTI victims of domestic violence less legal recourse than heterosexual victims.

Although hom*osexual activity is no longer officially pathologized, some mental health practitioners offered “corrective treatment” to LGBTI persons at “conversion therapy” centers or hospital psychiatric wards, sometimes at the behest of family members.

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

HIV and AIDS Social Stigma

Public health authorities reported there were more than 600,000 persons diagnosed with HIV in the country. New HIV diagnoses reported in 2015 numbered 115,465, up 11.5 percent from the 2014 total. During the year the government put significant efforts toward raising awareness of the risks of HIV/AIDS transmission, particularly among the college-age population, and Peng Liyuan made this problem a cornerstone of her platform as the country’s “first lady.”

Discrimination against persons with HIV remained a problem, impacting individuals’ employment, educational, and housing opportunities and impeding access to health care. The law allows employers and schools to bar persons with infectious diseases and did not afford specific protections based on HIV status. 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.

A 2013 study by the Joint UN Program on HIV/AIDS conducted across seven provinces found that 53 percent of HIV-infected respondents who had recently been to a doctor were denied immediate treatment, often either being referred to an infectious disease hospital less equipped to handle ordinary medical problems or given alternate treatments. Some respondents said they chose to forgo medical treatment altogether rather than navigate obstacles imposed by the health-care system.

Inadequate protection for health-care workers exposed to HIV in the workplace was cited as a reason persons with HIV/AIDS faced challenges in the health-care system. In 2015 the National Health and Family Planning Commission sought to address the problem by issuing a regulation recognizing HIV exposure as an occupational hazard in certain professions, including medicine and public security. State media characterized the regulation in part as an effort to protect the rights of health workers better while curbing AIDS-related discrimination.

Other Societal Violence or Discrimination

The law prohibits discrimination against persons carrying infectious diseases and allows such persons to work as civil servants. The law does not address some common types of discrimination in employment, including discrimination based on height, physical appearance, or ethnic identity.

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.

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

The law provides for labor dispute resolution through a three-stage process: mediation between the parties, arbitration by officially designated arbitrators, and litigation. A key article of the law requires employers to consult with labor unions or employee representatives on matters that have a direct bearing on the immediate interests of their workers.

The law does not expressly prohibit work stoppages, and it is not illegal for workers to strike spontaneously. Authorities appeared most tolerant of strikes protesting unpaid or underpaid wages. Authorities rarely released statistics for labor disputes, but in November 2015 the official Xinhua News Agency reported a growing number of wage arrears cases totaling 11,007 in the first three quarters of 2015, an increase of 34 percent over the same period in 2014. Unofficial records from the Hong Kong-based labor rights NGO China Labor Bulletin (CLB) showed that at least 1,050 strikes and collective protests by workers occurred between December 2014 and February 2015, 90 percent relating to unpaid wages.

In some cases local authorities cracked down on such strikes, sometimes charging leaders with vague criminal offenses, such as “picking quarrels and provoking trouble,” “disturbing public order,” “damaging production operations,” or detaining them without any charges at all. The only legally specified role for the ACFTU in strikes is to participate in investigations and assist the Ministry of Human Resources and Social Security in resolving disputes. There were, however, reports of cases in which ACFTU officials joined police in suppressing strikes.

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

There were no publicly available official statistics on inspection efforts to enforce labor laws, and enforcement was generally insufficient to deter wide-scale violations. Labor inspectors lacked authority and resources to compel employers to correct violations. While the law outlines general procedures for resolving disputes, including mediation, arbitration, and recourse to the courts, procedures were lengthy and subject to delays. Local authorities in some areas actively sought to limit efforts by independent civil society and legal practitioners to offer organized advocacy, and some areas maintained informal quotas on the number of cases allowed to proceed beyond mediation.

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

Employers often circumvented legal provisions allowing for collective consultation over wages, hours, days off, and benefits through such tactics as forcing employees to sign blank contracts and failing to provide workers with copies of their contracts.

There continued to be reports of workers throughout the country engaging in wildcat strikes, work stoppages, and other protest actions. Although the government restricted the release of statistics on the number of strikes and protests each year, the frequency of “spontaneous” strikes remained high, especially in Guangdong and other areas with developed labor markets and large pools of sophisticated, rights-conscious workers.

Coordinated efforts by governments at the central, provincial, and local levels, including harassment, detention, and the imposition of travel restrictions on labor rights defenders and restrictions on funding sources for NGOs, disrupted labor rights advocacy. In December 2015 police in Guangdong arrested Zeng Feiyang, director of the Panyu Workers’ Center, for “gathering a crowd to disturb social order.” Police also detained on similar charges six other workers’ rights defenders: Zhu Xiaomei, Meng Han, and Tang Beiguo of the Panyu Dagongzu Service Center; Deng Xiaoming, a volunteer with the Haige Service Center; He Xiaobo of the Foshan Nanfeiyang Social Work Service Center; and Peng Jiayong of the Labor Mutual-aid Center. On September 26, a Guangdong court convicted Zeng Feiyang, Zhu Xiaomei, and Tang Beiguo of gathering a crowd to disturb social order and accepting funds from “foreign forces.” They were given suspended prison sentences of between one and one-half and three years. On November 3, Meng Han was convicted and given a 21-month prison sentence. A local labor NGO said the court was sending a clear signal that the only way to resolve labor disputes was through government entities.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced and compulsory labor, and where there were reports that forced labor of adults and children occurred, the government reportedly enforced the law. Although the domestic media rarely reported forced labor cases and the penalties imposed, the law provides a penalty of imprisonment of not more than three years or criminal detention and a fine or, if the circ*mstances are serious, imprisonment of not less than three years but not more than 10 years and a fine. Men, women, and children were subjected to forced labor in coalmines and factories. In September, six men with mental disabilities were reportedly freed from a brick factory in Yunnan Province where they had been forced to work without pay. The brick kiln was shut down.

In 2013 the NPC abolished the Re-education Through Labor system, an arbitrary system of administrative detention without judicial review. Some media outlets and NGOs reported that forced labor continued in some drug rehabilitation facilities where individuals continued to be detained without judicial process. It was not possible independently to verify these reports.

Also see the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children under the age of 16. It refers to workers between the ages of 16 and 18 as “juvenile workers” and prohibits them from engaging in certain forms of dangerous work, including in mines.

The law specifies administrative review, fines, and revocation of business licenses of enterprises that illegally hire minors and provides that underage children found working be returned to their parents or other custodians in their original place of residence. The penalty for employing children under age 16 in hazardous labor or for excessively long hours ranges from three to seven years’ imprisonment, but a significant gap remained between legislation and implementation. For example, in April media outlets reported that Wang Ningpan, a 15-year-old migrant worker from Hunan, died after working on the production line in an underwear garment factory in Foshan, Guangdong. Wang’s normal work schedule was from 6 a.m. to 11 p.m. The garment factory gave Wang’s family 155,000 yuan ($22,470) compensation. Official reports stated that Wang’s mother had told the employer that her son was 17. Guangdong’s provincial government launched an inspection to crack down on child labor, and the company was fined 10,000 yuan ($1,450) for hiring child labor.

Abuse of the student-worker system continued as well; as in past years, there were allegations that schools and local officials improperly facilitated the supply of student laborers.

d. Discrimination with Respect to Employment and Occupation

The Employment Promotion Law provides some basis for legal protection against employment discrimination. Article 3 states “no worker seeking employment shall suffer discrimination on the grounds of ethnicity, race, gender, or religious belief.” Article 30 outlines employment protections available to carriers of infectious diseases. Enforcement clauses include the right to pursue civil damages through the courts. Other laws provide similar protections for women and persons with disabilities. The Labor Contract Law includes a provision limiting the circ*mstances under which employers could terminate the contracts of employees suspected of suffering from an occupational disease and those within five years of the statutory retirement age. The Ministry of Human Resources and Social Security and the local labor bureaus were responsible for verifying that enterprises complied with the labor laws and the employment promotion law.

Discrimination in employment was widespread, including in recruitment advertisem*nts that discriminated based on gender, age, height, and physical appearance and health status (see section 6).

Some employers lowered the effective retirement age for female workers to 50. This reduced overall pension benefits, which were generally based on the number of years worked. Many employers preferred to hire men to avoid the expense of maternity leave.

Courts were generally reluctant to accept discrimination cases, and authorities at all levels emphasized negotiated settlements to labor disputes. As a result there were few examples of enforcement actions that resulted in final legal decisions. One example came from the Dongguan Municipal Intermediate People’s Court’s decision in May, which declared illegal a local department store’s decision to revoke a female employee’s paid maternity leave for a second child. The court ordered the company to restore the employee’s position and to compensate her with 108 days of paid leave.

According to a study released in March, 50 percent of more than 10,000 female survey respondents working in 60 cities said they often experienced discrimination at the workplace, while 47 percent had encountered occasional discrimination and only 3 percent had never faced discrimination against them.

In 2015 authorities issued the Provisional Regulations for Residency. Effective from January, the provisional regulations require local authorities to establish a streamlined process for migrants to register as urban residents, renewable annually, and to provide and pay for a package of limited social service benefits for these new residents. The most important of the benefits would be the inclusion of compulsory education for the children of legal residents, meaning that children of migrant workers would be eligible to relocate with their parents and attend local urban schools. While the regulations would benefit many of the estimated 270 million migrant workers residing in urban centers, the unaltered half-century-old hukou system remained the most pervasive form of employment-related discrimination, denying migrant workers access to the full range of social benefits, including health care, pensions, and disability programs, on an equal basis with local residents.

e. Acceptable Conditions of Work

There was no national minimum wage, but the law generally requires local and provincial governments to set their own minimum wage rates for both the formal and informal sectors according to standards promulgated by the Ministry of Human Resources and Social Security. The law mandates a 40-hour standard workweek, excluding overtime, and a 24-hour weekly rest period. It also prohibits overtime work in excess of three hours per day or 36 hours per month and mandates premium pay for overtime work.

The State Administration for Work Safety sets and enforces occupational health and safety regulations. The law requires employers to provide free health checkups for employees working in hazardous conditions and to inform them of the results. The law also provides workers the right to report violations or remove themselves from workplace situations that could endanger their health without jeopardy to their employment.

Regulations state that labor and social security bureaus at or above the county level are responsible for enforcement of labor laws. The law also provides that, where the ACFTU finds an employer in violation of the regulation, it has the power to demand that the relevant local labor bureaus deal with the case. Companies that violate occupational, safety, and health regulations face various penalties, including suspension of business operations or rescission of business certificates and licenses.

The government did not effectively enforce the law. Penalties were not adequate to deter violations and were seldom enforced. The 230,000 inspectors were insufficient to monitor working conditions and did not operate in the informal sector. Despite many labor laws and regulations on worker safety, there were a number of workplace accidents during the year. Media and NGO reports attributed them to a lack of safety checks, weak enforcement of laws and regulations, ineffective supervision, and inadequate emergency responses.

Nonpayment of wages remained a problem in many areas. Governments at various levels continued efforts to prevent arrears and to recover payment of unpaid wages and insurance contributions. It remained possible for companies to relocate or close on short notice, often leaving employees without adequate recourse for due compensation.

Unpaid wages have been an acute problem in the construction sector for decades. Construction projects were often subcontracted several times until eventually a construction team composed of low-wage migrant workers was formed. This informal hiring scheme made rural laborers susceptible to delayed or unpaid payment for their work, prompting them to join in collective action. Workers occasionally took drastic measures to demand payment. In January the State Council issued guidance asking all government sectors to strengthen their efforts to solve the problem of migrant workers’ unpaid wages and ordering the elimination of wage arrearage problems by 2020.

Workers in the informal sector often lacked coverage under labor contracts, and even with contracts, migrant workers in particular had less access to benefits, especially social insurance. Workers in the informal sector worked longer hours and earned one-half to two-thirds as much as comparable workers in the formal sector.

According to government sources, only an estimated 10 percent of eligible employees received regular occupational health services. Small and medium-sized enterprises, the country’s largest group of employers, often failed to provide the required health services. They also did not provide proper safety equipment to help prevent disease and were rarely required to pay compensation to victims and their families.

Instances of pneumoconiosis, or black lung disease, and silicosis remained high. Official figures released in December 2015 showed the country recorded 26,873 new pneumoconiosis cases in 2014, a 16 percent increase from the previous year. The mining and processing of coal and nonferrous metals were the sectors most vulnerable to occupational diseases, responsible for 62.5 percent of all cases in 2015. In January the National Health and Family Planning Commission and 10 other ministry-level government organizations jointly issued a statement expressing concern over this workplace hazard. The statement noted that individuals were diagnosed with the disease at an increasingly younger age in recent years and that industries in central and western regions had become prone to the illness, mainly in jobs related to mining and handling construction materials and nonferrous metals.

On August 11, an explosion at a power plant in Dangyang, Hubei Province, killed 21 workers and severely injured five others. The blast, caused by the rupture of a steam pipe undergoing testing, came just a few hours before the first anniversary of the massive 2015 Tianjin warehouse explosion that killed 173 persons, including 104 firefighters. The CLB logged 37 explosions that were reported in the local media during the year, although major explosions, such as the one in Dangyang, were a small proportion of the overall number of workplace accidents.

Accidents tended to occur at the year-end, when employers and employees tended to overlook safety procedures to meet production goals. In the last quarter of the year, in addition to a November 24 scaffolding collapse in Jiangxi Province that killed 74 workers, media outlets reported a number of coal mine accidents, including an October 31 explosion at Chongqing that killed 33 workers, a December 1 accident at Qitaihe, Heilongjiang Province, that killed 21 miners, and a December 3 disaster in Inner Mongolia that left 32 persons dead.

Despite negative publicity surrounding the year-end increase, the number of workplace accidents and fatalities in the country decreased on a year-over-year basis. According to State Administration of Work Safety data, from 2010 to 2015, the number of accidents dropped from 363,383 to 281,576 and fatalities declined from 79,552 to 66,182. From January to October, 45,000 accidents occurred and 27,000 workers were killed, representing declines of 6.2 percent and 3.3 percent, respectively, from the same period in 2015. In addition, 23 major workplace accidents took place in the first eight months of the year, leaving 348 individuals dead or missing. The data represented year-over-year decreases of 11.5 percent and 32.8 percent, respectively.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings; nor were there reports of such killings by narcotics traffickers or other criminal groups.

b. Disappearance

Five men working in Hong Kong’s publishing industry disappeared between October and December 2015 from Thailand, Hong Kong, and mainland China. In addition to being Hong Kong residents, one of the men was a Swedish national and another was a UK national. Media coverage of these cases noted the men worked for Mighty Current, a publishing house, and the affiliated Causeway Bay Bookstore, which were known for selling books critical of the Chinese Communist Party and its leaders. Credible reports gave rise to widespread suspicions that PRC security officials were involved in their disappearances.

Mainland authorities eventually allowed four of the five booksellers to return to Hong Kong between March and July, while continuing to detain Gui Minhai, a Swedish national, on the mainland at year’s end in the absence of any charges or judicial process. According to local media reports, mainland security agencies continued to exert pressure on the four booksellers whom they had allowed to return to Hong Kong through periodic questioning, ongoing surveillance, escorting by security agents, and threats of retaliation against mainland-based family members. Causeway Bay Books manager Lam Wing-kee returned to Hong Kong in July and held a press conference at the LegCo compound in which he disclosed details about his abduction and subsequent eight-month detention. Lam said several security agents took him into custody at the Hong Kong-Shenzhen border crossing and held him overnight. According to Lam’s account, mainland authorities confiscated his identity documents and refused to answer his questions or explain why he was detained. The next day officials blindfolded and handcuffed Lam on central authorities’ orders, following which Lam was transported by train from Shenzhen to Ningbo. Upon arrival in Ningbo, security officials forced Lam to sign a document promising to not contact his family or seek legal counsel, he told the press. He was told he was being held under “residential surveillance,” a form of detention frequently used by PRC security agents to hold incommunicado activists and others suspected of political crimes. Lam said he was held under constant surveillance in a small space, and told the press he was only released to return to the SAR in order to collect additional materials for use in testifying against another bookseller.

The Hong Kong Government said it took steps to investigate the booksellers’ abductions and detentions, including engaging central government authorities from the security and justice ministries to improve the notification mechanism governing cross-border cases. The Chief Executive, Secretary for Justice, Police Commissioner, and Central Government Liaison Officials, in addition to other key officers, spoke publicly following UK national Lee Bo’s disappearance. They all stated unequivocally that mainland security officials had no legal ability to enforce mainland laws in Hong Kong. Top officials, including the Chief Executive, said if mainland officials had acted in Hong Kong, it would be a violation of the Basic Law.

Despite the Hong Kong authorities’ efforts to pursue the case, police eventually dropped their investigation following the Lee family’s cancellation of its missing person report and the family’s request for closure of the investigation.

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

The Basic Law prohibits torture and other forms of abuse, and there were no reports that government officials employed them.

There were some reports of the use of excessive force by police officers. In a six-month period last year, the police force’s Complaints against Police Office reported 913 allegations of excessive use of force by police. Data on allegations of excessive use of force pending investigation and endorsem*nt by the Independent Police Complaints Council (IPCC), assault by police officers on persons not in custody and in custody, and the results of those investigations were not available at year’s end. There were no reports of death in custody due to excessive police force.

Prison and Detention Center Conditions

Prison and detention center conditions generally met international standards, and the Correctional Services Department (CSD) permitted visits by independent human rights observers, the media, and religious groups.

The government does not have separate detention facilities for migrants or asylum seekers. The Immigration Department maintains detention facilities in Ma Tau Kok and in Castle Peak Bay for those who have violated the SAR’s immigration laws and/or those pending deportation from Hong Kong. Human rights activists voiced concern over the government’s detention of asylum claimants at such immigration detention facilities, charging that the SAR’s immigration laws require asylum claimants to be in violation of their immigration status before they can file an asylum claim. There are no private detention facilities in the SAR.

Physical Conditions: During the year the CSD managed 24 penal institutions (comprising minimum-, medium-, and maximum-security prisons; a psychiatric center; and training, detention, rehabilitation, and drug addiction treatment centers).

The CSD acknowledged overcrowding was a problem in certain types of penal institutions, such as remand (pretrial detention) facilities and maximum-security institutions. Transferred remand prisoners made complaints of prison guards treating them as convicted prisoners as well as of wait times of one week to make private telephone calls, and reported a decrease in attorney visits for prisoners relocated to some of the SAR’s more remote prison locations. The CSD adopted a strategy of renovating existing institutions to increase space and modernize facilities.

The Coroner’s Court, aided by a jury, conducted death inquests. Data on deaths of prisoners in CSD custody and inquest results had not been reported by year’s end.

Administration: Judicial authorities investigated credible allegations of problematic conditions and documented the results in a publicly accessible manner. The government investigated and monitored prison and detention center conditions, and there was an external Office of the Ombudsman. The government kept adequate records of prisoners.

Independent Monitoring: The government permitted media outlets and human rights groups to conduct prison visits. Justices of the peace may make suggestions and comments on matters such as the physical environment of facilities, overcrowding, staff improvement, training and recreational programs and activities, and other matters affecting the welfare of inmates. Justices of the peace made over 200 unannounced visits to penal institutions in a six-month period last year.

Improvements: As of year’s end, there was no available information on improvements to prison or detention center conditions.

d. Arbitrary Arrest or Detention

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

ROLE OF THE POLICE AND SECURITY APPARATUS

The Hong Kong Police Force maintains internal security and reports to the Security Bureau. The People’s Liberation Army (PLA) is responsible for external security. The Immigration Department controls the entry of persons into and out of the SAR as well as the documentation of local residents. Civilian authorities maintained effective control over the police force, and the government had effective mechanisms to investigate and punish abuse and corruption. The 2015 reported involvement of mainland security forces in the disappearances of five Hong Kong book publishers; however, raised concerns about the activities of mainland security forces in Hong Kong throughout the year. For further information on the publishers’ cases, see section 1.b.

International and local media reported that mainland PRC operatives in Hong Kong surveilled some prodemocracy movement figures, political activists, lawyers, academics, businesspersons, and religious leaders that have expressed criticism of the central government’s policies. In January, Guangdong province security agents reportedly visited 65-year-old veteran publisher Lau Tat-man in Hong Kong on three occasions over the course of one month to interrogate him about the five booksellers who were abducted from various locations and detained in the mainland. In July bookseller Lam Wing-kee and prodemocracy legislator James To alleged that mainland agents had surveilled Lam after he returned to Hong Kong and disclosed the details of his abduction to the press. In response to concerns for his safety, Hong Kong police later placed Lam under police protection. There were no reports of impunity involving the security forces during the year.

Human rights activists and some legislators expressed concern that the CE appointed all Independent Police Complaints Committee members and that the IPCC’s lack of power to conduct independent investigations limited its oversight capacity. The IPCC cannot compel officers to participate in its investigations, and the media reported cases of police officers declining to cooperate fully.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Suspects generally were apprehended openly with warrants based on sufficient evidence and issued by a duly authorized official. They must be charged within 48 hours or released, and the government respected this right. Interviews of suspects are required to be videotaped. The law provides accused persons with the right to a prompt judicial determination, and authorities respected this right effectively.

Detainees were generally informed promptly of charges against them. There was a functioning bail system, and authorities allowed detainees access to a lawyer of their choice. Suspects were not detained incommunicado or held under house arrest.

Arbitrary Arrest: The Department of Justice maintained political considerations did not factor into its decision to charge several activists with crimes related to the 2014 protests; the Hong Kong judiciary heard these cases from May to August. Pro-democracy activists and participants in the fall 2014 prodemocracy protests claimed they were subject to incidents of politically motivated arbitrary arrest.

In May, Joshua Wong, the convener of the prodemocracy student activist group Scholarism, and Hong Kong Federation of Students (HKFS) secretary-general Nathan Law, along with two other prodemocracy activists, were acquitted on charges related to obstructing police officers during a June 2014 protest against the release of the State Council’s White Paper on Hong Kong.

In July, Wong and HKFS former secretary-general Alex Chow were found guilty on one charge of participating in an illegal assembly related to the start of the 2014 Occupy Central protests, while Law was found guilty of inciting an illegal assembly. In August, Wong and Law were sentenced to perform 80 and 120 hours of community service respectively, while Chow was given a suspended sentence of three weeks imprisonment. In delivering the verdicts, district court Judge June Cheung noted: “The court believes the three defendants are expressing their views and demands genuinely out of their political beliefs or their concern for society. Their aim and motive is not for their own interest or to hurt other people.”

The Department of Justice in September requested the court review the sentences, with the prosecution alleging the sentences were too lenient. The magistrate reviewed and upheld the sentences, which fell well within sentencing guidelines.

Many experts assessed the police use of force during the protests in the fall of 2014 as generally professional and appropriate. Some prodemocracy activists, nongovernmental organization (NGO) observers, and journalists expressed concerns about certain police actions, and the court cases reviewing police use of force continued.

The District Court on December 8 announced it would hand down a ruling in February 2017 on an assault case brought by Ken Tsang, a prodemocracy activist. Video footage taken during October 2014 protests showed plainclothes police officers abusing Tsang. Seven police officers were subsequently suspended, arrested, and charged with the crime of “wounding or striking with intent to do grievous bodily harm.” Prosecutors separately charged Tsang with assaulting and obstructing police officers, which carries a maximum possible sentence of two years’ imprisonment. The court finished hearing the case in May, and Tsang was found guilty of assaulting a police officer and resisting arrest; he was sentenced to five weeks in prison.

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

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the SAR government generally respected judicial independence. The judiciary provided citizens with a fair and efficient judicial process.

TRIAL PROCEDURES

The law provides for the right to a fair public trial, and an independent judiciary generally enforced this right. Trials were by jury except at the magistrate and district court level. An attorney is provided at the public’s expense if defendants cannot afford counsel. Defendants had adequate time and facilities to prepare a defense. Defendants have the right to be informed promptly and in detail of the charges against them and the right to a public trial without undue delay, and defendants could confront and question witnesses testifying against them and present witnesses to testify on their behalf. Defendants and their attorneys had access to government-held evidence relevant to their cases. Defendants have the right of appeal and the right not to be compelled to testify or confess guilt, and have the right to be present at their trial.

Defendants enjoy a presumption of innocence except in official corruption cases. Under the law a current or former government official who maintained a standard of living above that commensurate with his or her official income, or who controls monies or property disproportionate to his official income, is guilty of an offense unless he can satisfactorily explain the discrepancy. The courts upheld this ordinance. The government conducted court proceedings in either Chinese or English, the SAR’s two official languages.

Hong Kong’s unique, common law judicial system operates within the PRC; the SAR’s courts are charged with interpreting those provisions of the Basic Law that address matters within the limits of the SAR’s autonomy. The courts also interpret provisions of the Basic Law that touch on central government responsibilities or on the relationship between the central authorities and the SAR. Before making its final judgments on these matters, which are not subject to appeal, the Court of Final Appeal may seek an interpretation of the relevant provisions from the Standing Committee of the PRC’s National People’s Congress (NPCSC). The Basic Law requires that courts follow the NPCSC’s interpretations where cases intersect with central government jurisdiction, although judgments previously rendered are not affected. On four occasions in the past and once in November this year, described below, the NPCSC issued interpretations of the Basic Law.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent and impartial judiciary for civil matters and access to a court to bring lawsuits seeking damages for, or the cessation of, human rights violations. The SAR’s courts continued to exercise a high degree of autonomy under the Basic Law, but many Hong Kong residents questioned the durability of this autonomy in the wake of the November NPCSC interpretation of the Basic Law that interrupted the judicial process in Hong Kong. Activists and other observers expressed concerns that the SAR government and central government had encroached on the judiciary’s independence.

The Basic Law’s Article 158 grants the NPCSC the power to interpret the Basic Law. On November 7, the NPCSC issued an interpretation on the Basic Law’s language requiring all government officials to take an oath in order to enter office. The NPCSC issued its interpretation while the Court of First Instance was considering the Hong Kong Government’s judicial review petitions against two proindependence legislators-elect. On November 9, Court of First Instance Justice Thomas Au ruled in favor of the government to disqualify the legislators-elect, noting he would have reached the same decision even if the NPCSC had not issued its interpretation. Legal scholars, the Hong Kong Bar Association, and the Law Society characterized the interpretation as unnecessary. They also voiced concern that the issuance of the interpretation might damage perceptions about the SAR’s independent judiciary and the reputation of its courts, as well as the SAR’s overall autonomy. The November 7 interpretation marked the first time the NPCSC had rendered an interpretation of the Basic Law while the matter in question was pending a judge’s ruling and the second time it had done so in the absence of a request from Hong Kong authorities, which some legal experts viewed as inconsistent with the judicial reference process outlined in Article 158 of the Basic Law. Following issuance of the interpretation, hundreds of lawyers dressed in black and staged a silent protest against the NPCSC’s failure to respect the autonomy of Hong Kong’s judiciary.

Under Article 158, as originally enacted in 1997, the NPCSC’s consults its Committee for the Basic Law, composed of six mainland and six Hong Kong members, before it issues an interpretation of the Basic Law. The Chief Executive, the LegCo president, and the chief justice nominate the Hong Kong members. Human rights and lawyers’ organizations expressed concern that the lack of Hong Kong representation on the NPCSC (among the 175 current members, only one is a Hong Kong resident) and the limited power of the Basic Law Committee, could be used to limit the independence of the judiciary or degrade the Hong Kong courts’ authority, as the NPCSC’s decisions can supersede the Court of Final Appeal’s power of final adjudication.

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

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

a. Freedom of Speech and Press

The law provides for freedom of speech and press, and the government generally respected these rights. An independent press, an effective judiciary, an unfettered internet, and a generally supportive government combined to promote freedom of speech and of the press on most matters. During the year, however, media groups complained about what they viewed as increasing challenges in this area. (For further detail, please see Press and Media Freedoms section below).

Freedom of Speech and Expression: There were no legal restrictions on the ability of individuals to criticize the government publicly or privately or to discuss matters of general public interest without reprisal. However, free speech advocates and educators voiced concern in August following the Education Secretary’s public comments warning teachers who “advocate” Hong Kong independence on campus must “bear responsibility and consequences,” including the loss of their teaching licenses. Subsequently, in September Chief Executive Leung said schools in Hong Kong had “no space to discuss independence.” Educators, media outlets, and free speech advocates also voiced concern over comments made by Central Government officials based at Hong Kong’s Central Government Liaison Office (CGLO). CGLO officials suggested publicly that discussion of Hong Kong’s independence amounted to “a violation of laws in Hong Kong” and suggested it could be considered sedition and/or treason under Hong Kong’s Crimes Ordinance if such speech was deemed to occur in the context of a “large-scale discussion in the hopes of gathering a large group to act together.”

The Education Bureau made no formal changes to its policy following the Chief Executive’s and Education Secretary’s public comments. Members of the Professional Teachers Union reported there had been no changes to the guidance about how the union certifies its teachers.

Prospective candidates for public office reported Hong Kong’s Electoral Affairs Commission implemented changes to its established procedures for filing legislative candidacy that limited free speech in the political arena. On July 12, the Electoral Affairs Commission instituted a new requirement that all LegCo candidates sign a pledge stating that Hong Kong is an “inalienable part” of China in order to run for office. Despite signing the required form and fulfilling other eligibility requirements, an Electoral Affairs Commission officer disqualified Hong Kong Indigenous convener Edward Leung and several other candidates for standing for election. The Electoral Affairs Commission said Leung’s disqualification was due to Leung’s proindependence comments earlier in the year, which the returning officer said was evidence that Leung was insincere in his loyalty pledge to the SAR. Leung’s supporters voiced concern the new procedures infringed on freedom of speech and the right of Hong Kongers to stand for public office, rights guaranteed in the Basic Law.

On July 20, Zhang Xiaoming, the director of the CGLO, warned the Hong Kong government against allowing the LegCo elections in September to be used to promote “proindependence remarks and activities.” Zhang suggested that allowing free speech on the matter violated the Basic Law and warned of “calamity” if proindependence views continued to spread in Hong Kong. While the CGLO Director has no legal standing, many local observers and free speech advocates said his public comments had a chilling effect on Hong Kong society.

Hong Kong residents also expressed concern about the potential implications of the November 7 NPCSC interpretation of Basic Law Article 104 on the SAR’s free speech protections. The interpretation barred legislators-elect from taking office if they refused to take the oath, altered the wording of the oath, or failed to demonstrate sufficient “sincerity” or “solemnity” when taking the oath. Some observers and legal experts voiced concern that the NPCSC’s interpretation could subject sitting legislators to legal sanctions if they “engage in conduct in breach of the oath” at any point in their respective terms. Prodemocracy advocates, particularly those who identify as “localists”, expressed fears that the interpretation created a mechanism for the central government to exclude from office, or potentially evict from office, those who espoused or were suspected of harboring political views that the central government found objectionable. The interpretation stated that the requirements and preconditions contained within it applied to legislators-elect and all other public officers and candidates for public office referred to in Article 104. Some legal experts downplayed these concerns, noting the Basic Law’s Article 77 protects legislators from legal recourse stemming from any speeches they deliver in the normal course of their representative duties, while other legal experts have noted that the central government’s powers over Hong Kong are not subject to any legal supervision, which manifests in the NPCSC’s continued assertion of a power to interpret the Basic Law at its discretion.

Many in the media and civil society organizations further alleged the central government exerted indirect pressure on media organizations to mute criticism of its policy priorities in the SAR. They also voiced concern about increasing self-censorship among the local and regional press corps.

Press and Media Freedoms: In July the Hong Kong Journalists Association in its yearly report on press freedoms in Hong Kong said its Press Freedom Index indicators declined for the second straight year, from 38.9 to 38.2 points for journalists and from 48.4 to 47.4 for the general public. Nearly 85 percent of surveyed Hong Kong journalists thought that press freedom had worsened over the previous year. The report, which this year focused on increasing mainland influence on Hong Kong media outlets, cited as challenges continuing violence against journalists by police and protestors related to media coverage of local riots, lack of government transparency, the government’s “questionable” policy on granting of television and radio licenses, and refusal to accredit online and student reporters (online reporters have since been granted accreditation). The Association called on the government to undertake a number of actions, including to “take a strong approach to protect the one country, two systems principle given the threats to Hong Kong’s high degree of autonomy as promised in the Basic Law.”

Violence and Harassment: No violent attacks on media-related personalities took place during the year.

Censorship or Content Restrictions: Reports of media self-censorship continued during the year. Most media outlets were owned by companies with business interests on the mainland, which led to claims that they were vulnerable to self-censorship, with editors deferring to the perceived concerns of publishers regarding their business interests. According to the Committee to Protect Journalists, more than half of Hong Kong’s media owners held official roles in the PRC political system, either as delegates to the NPC or to the Chinese People’s Political Consultative Conference.

Mainland companies and those with significant business dealings on the mainland reportedly boycotted advertising in the Next Media Group publications, known for its criticisms of the central government and the SAR government. Next Media Group’s popular newspaperApple Dailysaid it took special measures to circumvent regular hacking attacks, including the use of sophisticated email security software and asking its lawyers to use couriers instead of email. A private cybersecurity company that works with Next Media Group told Reuters in late 2015 that it had connected denial of service attacks againstApple Dailywith professional cyber spying attacks that bore the hallmarks of a common source and suggested the hacker’s apparent objectives matched the central government’s.

Libel/Slander Laws: There were no reports the government or individual public figures used laws against libel, slander, defamation, or blasphemy to restrict public discussion.

National Security: There were no reports of restrictive media distribution to protect national security. Following the November 7 NPCSC interpretation of the Basic Law, Chief Executive Leung and some presumptive Chief Executive candidates indicated that the government would again consider national security legislation. No such legislation was under consideration by LegCo at year’s end.

INTERNET FREEDOM

There were no government restrictions on access to the internet, although prodemocracy activists, legislators, lawyers, religious leaders, and protesters claimed central government authorities closely monitored their e-mails and internet use. The internet was widely available and used extensively.

There were reports of politically motivated cyberattacks against private persons and organizations.

In late 2015 the head of Hong Kong’s Democratic Party said his party had repeatedly faced sophisticated cyberattacks on its website and against members’ personal email accounts that appeared to originate from the central government. Before district council elections in November 2015, Reuters found that hackers had broken into at least 20 Gmail accounts belonging to the Democratic Party. Private cybersecurity company FireEye said attacks launched on Dropbox, in which specific victims were trapped into downloading infected files, targeted “precisely those whose networks Beijing would seek to monitor.” The company said half its customers in Hong Kong, or two and a half times the global average, were attacked by government and professional hackers in the first half of 2015.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were some restrictions on academic freedom and cultural events. Some scholars suggested Hong Kong-based academics practiced self-censorship in their China-related work to preserve good relations and research and lecturing opportunities in the mainland.

In July, Hong Kong’s Tiananmen Museum closed after two years of operation. The museum had been the only museum on PRC soil commemorating the 1989 Tiananmen Square massacre. According to CNN and Time, the Hong Kong Alliance, a prodemocracy group that operated the museum, said the closure was due to pressure from the owners’ committee of the building, which made it difficult for the museum to operate by restricting visitor numbers, filing a lawsuit disputing the usage of the space as a museum, and forcing visitors to provide their names and personal information–a requirement that discouraged visitors from the mainland. The museum operators also cited high rent and other fundraising challenges, but said they kept the museum’s exhibits and hoped to move to a new and bigger location in the future.

In August and September, the Education Secretary and the Chief Executive warned educators against the discussion of independence in schools. In September, Chief Executive Leung said schools in Hong Kong had “no space to discuss independence.” However, at the year’s end, the Education Bureau had made no policy changes in response to their comments, and members of the Professional Teachers’ Union reported their union had made no changes to the regulations governing the accreditation of teachers and the issuance of teaching credentials. For further information, please see section 2.a.

On October 1, the national holiday marking the PRC’s founding in 1949, students at eight universities in Hong Kong hung banners in support of Hong Kong independence. Media reports indicated that school officials promptly removed the banners.

Hong Kong-based international NGOs voiced concern about pro-Beijing media outlets’ sustained criticism of their activities, which the newspapers characterized as interference by foreign forces. NGO staff members reported that these efforts to discredit their work in the SAR made it difficult for the groups to continue their existing partnerships with academic institutions and their public outreach. NGOs also voiced concern about the mainland’s Foreign NGO Management Law, slated to enter into effect on January 1, 2017, noting the law would impose onerous restrictions on the ability to operate and implement social services delivery, advocacy work, and aid services. The law specifically defines Hong Kong-based organizations as covered by the law’s requirements. In April the New York-based broadcaster New Tang Dynasty Television (NTD-TV) leased the Heung Yee Kuk Grand Theater in Hong Kong to hold a dance competition. NTD-TV received a notice from the theater in May stating that the Hong Kong Government requested the theater for the same date for use in association with the September Hong Kong LegCo election. The theater canceled NTD-TV’s lease in June and offered a full refund for the contract, as well as assistance in identifying an alternative venue. NTD-TV then arranged to hold the competition at another venue, the government-subsidized Macpherson Stadium, in August, but the second venue also later revoked permission to use its premises. NTD-TV ultimately relocated the competition to Taiwan. NTD-TV is associated with the Falun Gong spiritual movement, which is banned in mainland China, but not in Hong Kong. Falun Gong advocates allege that the Hong Kong Government and the CGLO pressured these venues not to allow the dance competition to be held on their premises because of NTD-TV’s association with Falun Gong.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

The law provides for freedom of assembly, and the government generally respected this right. The police routinely issued the required “letter of no objection” for public meetings and demonstrations–including those critical of the SAR and central governments–and the overwhelming majority of protests occurred without serious incident. On June 4, tens of thousands of persons peacefully gathered without incident in Victoria Park to commemorate the 27th anniversary of the Tiananmen Square crackdown. The annual vigil and a smaller annual event in Macau were reportedly the only sanctioned events in China to commemorate the Tiananmen Square anniversary.

Figures vary for participation in the annual July 1 prodemocracy demonstration, held on the anniversary of the 1997 transfer of sovereignty over Hong Kong to the PRC. Police estimated 19,300 protesters; an independent polling organization estimated 29,000, and organizers claimed 110,000. Participants voiced concern over the Mighty Current booksellers’ detentions, called for CE Leung to resign, supported a relaunch of Hong Kong’s electoral reform process aimed at extending universal suffrage for all residents to vote in elections for the Chief Executive, encouraged abolition of LegCo’s Functional Constituencies in favor of directly electing all legislators; and demanded democratic amendments to the Basic Law. Police deployed hundreds of officers, and did not interfere with the legally permitted rally.

Government statistics indicated police arrested 125 persons in connection with public order events in the first half of last year; statistics were not yet available for 2016.

FREEDOM OF ASSOCIATION

The law provides for freedom of association, and the government generally respected it.

c. Freedom of Religion

See the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

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

Under the “one country, two systems” framework, the SAR continued to administer its own immigration and entry policies and make determinations regarding claims under the UN Convention against Torture (CAT) independently. Hong Kong is not a signatory to the 1951 UN Refugee Convention or the 1969 Protocol. As such, the SAR only accepts asylum claims on the basis of torture in a claimant’s home country. The most recently available government statistics indicated that there were over 11,000 nonrefoulement claims, including those based on claims under the CAT, pending Immigration Department processing. Applicants and activists continued to complain about the slow processing of claims and limited government subsidies available to applicants. Activists and refugee rights groups also voiced concerns about the very low rate of approved claims (0.6 percent for a recent 15 month period), suggesting the government’s bar for approving claims of torture was far higher than other developed jurisdictions.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and the International Organization for Migration as well as other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

There continued to be claims that the Immigration Department refused entry to a small number of persons traveling to the SAR for political reasons that did not appear to contravene the law. The Immigration Department, as a matter of policy, declined to comment on individual cases. Activists, some legislators, and other observers contended that the refusals, usually of persons holding views critical of the central government, were made at the behest of PRC authorities. The Security Bureau maintained that the Immigration Department exchanged information with other immigration authorities, including on the mainland, but made its decisions independently.

Foreign Travel: Most residents easily obtained travel documents from the SAR government; however, central government authorities did not permit some human rights activists, student protesters, and prodemocracy legislators to visit mainland China. Some of the students who participated in the protest movement in the fall of 2014 alleged the central government security agencies surveilled the protests and blacklisted them.

The central government took steps to restrict the foreign travel of prominent prodemocracy leaders, according to civil society representatives. In October, Thai immigration authorities blocked democracy activist Joshua Wong from entering the country to speak at Bangkok’s Chulalongkorn University and detained him at the airport for 12 hours without explanation. Wong was to attend an event to commemorate the 40th anniversary of a massacre on the campus of Bangkok’s Thammaset University. Upon his return to Hong Kong, Wong told the press he believed Thai authorities were responding to pressure from the central government. A senior immigration official told a Thai newspaper that Wong was denied entry in response to a request from the PRC government. The Thai organizer who invited Wong to speak at the university also said Thai police had informed him that they had received a letter about Wong from PRC authorities.

Emigration and Repatriation: Government policy was to repatriate undocumented migrants who arrived from mainland China, and authorities did not consider them for refugee status.

The government did not recognize the Taiwan passport as valid for visa endorsem*nt purposes, although convenient mechanisms existed for Taiwan passport holders to visit. As of 2013 most Taiwan visitors have been able to register online and stay for one month if they hold a mainland travel permit.

PROTECTION OF REFUGEES

Access to Asylum: The SAR has a policy of not granting asylum or refugee status and has no temporary protection policy. The government’s practice was to refer refugee and asylum claimants to a lawyer or to UNHCR. Persons wishing to file a claim cannot do so while they have legally entered the SAR, and must instead wait until they have overstayed the terms of their entry before they can file such a claim.

Refoulement: The government’s Unified Screening Mechanism, introduced last year, consolidated the processing of claims based on risk of return to persecution, torture, or cruel, inhuman, or degrading treatment or punishment. Claimants continued to receive publicly funded legal assistance, including translation services, as well as small living subsidies. The children of refugee claimants can usually attend Hong Kong’s public schools, if the Director of Immigration deems adjudication of a claim will take several months. The number of substantiated cases of torture and nonrefoulement is less than one percent of the total determinations made since 2009. According to the HKSAR Immigration Department, between the commencement of the enhanced administrative mechanism in late 2009 and September 2016, determinations were made in 10,172 torture/nonrefoulement claims, among which only 65 were substantiated.

Employment: The government defines CAT claimants and asylum seekers as illegal immigrants or “overstayers” in the SAR, and as such they have no legal right to work in the SAR while claims are under review. Those granted either refugee status by UNHCR or relief from removal under the CAT could work only with approval from the director of immigration. They were also ineligible for training by either the Employees Retraining Board or the Vocational Training Council.

The Basic Law limits the ability of residents to change their government through free and fair elections. Article 45 of the Basic Law establishes as the “ultimate aim” direct election of the chief executive through “universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.” Since 2007 the people of Hong Kong, the SAR government, and the PRC central government have vigorously debated the nature, scope, and pace of democratic and electoral reforms.

Voters directly elect 40 of LegCo’s 70 seats by secret ballot. Thirty-five seats are designated as “geographic constituencies” (GCs) and 35 as “functional constituencies” (FCs). All 35 GCs are directly elected, while only five of the FCs are directly elected. The remaining 30 FC seats are selected by a subset of voters from FCs representing various economic and social sectors, which typically hold proestablishment views. Under this structure a limited number of individuals and institutions were able to control multiple votes for LegCo members. In 2016, the constituencies that elected these 30 FC LegCo seats consisted of 232,498 registered individual and institutional voters, of which some 172,820 voted, according to the SAR’s election affairs office statistics. The five FC seats in the district council sector, known as “super seats” were directly elected by the approximately five million registered voters who were not otherwise represented in another FC and therefore represented larger constituencies than any other seats in LegCo. The government has previously acknowledged the method of selecting FC legislators did not conform to the principle of universal suffrage, but it took no steps to eliminate the FCs in 2016.

In addition to strong showings from traditional prodemocracy parties, seven self-proclaimed “localists” won seats for the first time. The “localists” represent a range of political views, with campaign platforms variously focused on a referendum on self-determination after 2047; Hong Kong-first-focused policies; reforms for land development policies; and proindependence. The platform for the top vote-getter for the geographical constituency with the largest electorate, Chu Hoi-dick, touted self-determination in addition to land reform and environmental concerns. The “localists” in some cases won legislative seats over more traditional prodemocracy parties, leading to a wide range of views expressed within the LegCo.

Under the Basic Law, LegCo members may not introduce bills that affect public expenditure, the political structure, or government policy; only the government may introduce these types of bills. The SAR sends 36 deputies to the mainland’s NPC and had approximately 250 delegates in the Chinese People’s Political Consultative Conference–bodies that operate under the direction of the CCP and do not exercise legislative independence. The approval of the CE, two-thirds of LegCo, and two-thirds of the SAR’s delegates to the NPC are required to place an amendment to the Basic Law on the agenda of the NPC, which has the sole power to amend the Basic Law.

Voters directly elected all 431 of Hong Kong’s district council seats in November 2015 following the government’s elimination of appointed district council seats. Previously, the CE used his authority to appoint 68 of the 534 members of the district councils, the SAR’s most grassroots-level elected bodies.

Elections and Political Participation

Recent Elections: In 2012, in a process widely criticized as undemocratic, the 1,193-member CE Election Committee, dominated by proestablishment electors and their allies, selected C.Y. Leung to be the SAR’s chief executive. Leung received 689 votes. The PRC’s State Council formally appointed him, and then President Hu Jintao swore in Leung.

The next chief executive election is scheduled for March 2017 under an electoral process identical to the 2012 process, because the LegCo rejected an electoral reform package in June 2015 that prodemocracy legislators considered insufficiently democratic on the grounds that it did not allow voters directly to nominate the candidates for chief executive. On December 11, representatives of various commercial sectors, professions, religious organizations, and social service providers, as well as political representatives, elected the 1,194 electors who will cast ballots in the next chief executive election. Residents voiced concern that these small-circle elections were open to participation by a very small number (230,000) of the SAR’s 7.5 million residents. Additionally, while the 2016 Election Committee elections saw historically high turnout of 46 percent and a record number of contested seats across industrial, professional, grassroots, and political sectors, local political observers noted 300 members–approximately 25 percent–of the committee were elected without a poll or other transparent election process to represent 12 uncontested subsectors and one sub-subsector.

In September SAR residents elected representatives to the 70-member LegCo. The election, which saw record high turnout of 2.2 million voters, or over 58 percent, was considered generally free and fair according to the standards established in the Basic Law. The government acknowledged election observers and other residents had filed approximately 1,200 petitions about election misconduct with the Elections Affairs Committee following the conclusion of the LegCo election. Pro-PRC and proestablishment candidates won 40 of 70 LegCo seats, while prodemocracy candidates won 30, an increase over the 27 the opposition camp held from 2012 to 2016.

In July, for the first time the government announced all LegCo candidates would have to sign a Confirmation Form pledging their allegiance to the SAR and their intent to uphold the Basic Law, including three provisions that stated Hong Kong is an inalienable part of the PRC. Legal scholars and prodemocracy activists criticized the government’s use of the Confirmation Form, noting the LegCo had not approved this change to the election procedures or the requirements for candidates to stand for legislative office. In August the government disqualified proindependence LegCo candidate Edward Leung, of the Hong Kong Indigenous party, from running in the election in the New Territories East district. An elections officer refused Leung’s candidacy, even though Leung had signed the Confirmation Form and said he would drop his proindependence stance. Leung and another candidate filed judicial review applications charging that the use of the Confirmation Form was not in accordance with the SAR’s laws. Leung also filed an elections petition in September alleging his disqualification from the race was unlawful.

Some observers expressed concern that the interpretation could restrict the right to stand for office guaranteed in Article 26 of the Basic Law for those who espouse proindependence views, and possibly for those who support self-determination as well. At the end of the year, the Hong Kong high court had disqualified two proindependence legislators-elect, Yau Wai-ching and Sixtus Leung, from taking office. The September election of proindependence legislators followed a July poll of public opinion conducted by the Chinese University of Hong Kong that found that while only 4 percent of respondents thought independence was possible for Hong Kong, 17 percent of them, including 39 percent of respondents aged 15 to 24, supported independence when the current political arrangement expires in 2047.

At a press conference announcing the NPCSC interpretation, NPCSC Legal Committee Chair Li Fei suggested that support for self-determination would be treated the same as promoting independence, and could thus disqualify legislators under the new interpretation. On December 2, Chief Executive Leung and Secretary for Justice Yuen filed a legal challenge to the legitimacy of four other opposition legislators–veteran activist “Long Hair” Leung Kwok-hung, former Occupy Central student leader Nathan Law, lecturer Lau Siu-lai, and university professor Edward Yiu–over the manner in which they took their oaths. The courts accepted the government’s judicial review application on December 15, and initial hearings for the cases are expected to be held in February 2017. Support for “localist” platforms, including self-determination (generally understood to refer to a referendum on Hong Kong’s status in 2047) was a key component of several elected legislators’ platforms, including those of Law and Lau.

The Independent Commission against Corruption (ICAC) was estimated to have received well over 200 complaints concerning alleged breaches of provisions under the Elections (Corrupt and Illegal Conduct) Ordinance. Media reported the complaints included allegations of fraudulently registering voters without their consent, bribing voters, voting after giving false or misleading information to an elections officer, incurring election expenses by persons other than the candidate or his agent, publishing false or misleading statements about a candidate, publishing election advertisem*nts that did not meet certain requirements, failing to file election returns, and providing others with refreshments and entertainment at elections.

Political Parties and Political Participation: Pandemocratic parties faced a number of institutional challenges, which hampered them from securing a majority of the seats in the LegCo or having one of their members become CE. Of LegCo’s 70 seats, 30 were elected by FCs, most of whom are supportive of the central government; representatives from 12 of these constituencies ran unopposed, while over 150 parties contested the SAR’s 35 GC seats. The law does not permit tax-exempt contributions to political parties. The voting process helped ensure that proestablishment allies controlled a majority of seats in LegCo. Additionally, the central government and its business supporters provided generous financial resources to parties that supported the central government’s political agenda in the SAR, ensuring that these organizations would control the levers of government and senior positions. According to local press reports, several political groups voiced concern that the Central Government Liaison Office (CGLO) interfered with legislative campaigns, lobbying for pro-Beijing candidates and threatening or harassing others. In August, Liberal Party candidate Ken Chow suspended his campaign for a LegCo seat, alleging CGLO affiliates had harassed him and threatened the safety of his family. At year’s end, the ICAC, the Liberal Party, and the HKG had undertaken investigations into Chow’s allegations. Chow subsequently quit the Liberal Party.

Participation of Women and Minorities: Five of the 30 members of the Executive Council (cabinet-level secretaries and “nonofficial” councilors who advise the CE) were women. Eleven of the 40 directly-elected LegCo members were women, and a woman held one of the 35 FC seats. Fourteen of the 45 most senior government officials (secretaries, undersecretaries, and permanent secretaries) were women.

There is no legal restriction against non-Chinese running for electoral office, serving as electoral monitors, or participating in the civil service, although most elected or senior appointed positions require that the officeholder have a legal right of abode only in the SAR. There were no members of ethnic minorities in the LegCo. The government regarded ethnic origin as irrelevant to civil service appointment and did not require applicants to declare their ethnicity or race in their applications for government jobs. Some observers criticized this practice as preventing the government from monitoring hiring and promotion rates for individuals who were not ethnically Chinese. In March, citing underrepresentation of ethnic minorities in the government, a local foundation published a list of 16 ethnic minority candidates who had relevant experience and Cantonese language, encouraging the government to appoint these candidates to serve on government advisory committees.

The law provides criminal penalties for official corruption, and the government generally implemented it effectively. The SAR continued to be viewed as relatively uncorrupt.

Corruption: In July controversy erupted over the independence and impartiality of the ICAC after a senior official leading a corruption investigation of Chief Executive Leung was mysteriously demoted. Prior to the demotion, Rebecca Li, who led the ICAC operations department, had a distinguished career spanning three decades. In 2015, she became the agency’s most senior career official, a first for a woman. Li’s department was responsible for conducting an investigation into whether Mr. Leung properly disclosed U.S. $6.4 million in payments he received from an Australian company that does business with the city. Li resigned following the demotion. Her sudden departure reportedly led one of her top investigators to resign in protest, and ICAC employees collectively refused to attend the annual staff dinner in protest and forced its cancellation. ICAC had not yet provided its perspective by year’s end.

In October the prosecution in an existing case charging former chief executive Donald Tsang with two counts of misconduct in public office in connection with a below-market lease and hiring of an architect for a luxury apartment in Shenzhen added an additional bribery charge related to the redecoration of the penthouse. Together, the charges carry a maximum HK$500,000 fine and seven years imprisonment. Tsang remained free on bail while the cases proceeded; his trial reopened in January 2017.

Financial Disclosure: The SAR requires the 27 most senior civil service officials to declare their financial investments annually and the approximately 3,100 senior working-level officials to do so biennially. Policy bureaus may impose additional reporting requirements for positions seen as having a greater risk of conflict of interest. The Civil Service Bureau monitors and verifies disclosures, which are available to the public. There are criminal and administrative sanctions for noncompliance.

Public Access to Information: There is no freedom of information law. An administrative code on access to information serves as the framework for the provision of information by government bureaus and departments and the ICAC.

Under the code authorities may refuse to disclose information if doing so would cause or risk causing harm or prejudice in several broad areas: national security and foreign affairs (which are reserved to the central government); immigration issues; judicial and law enforcement issues; direct risks to individuals; damage to the environment; improper gain or advantage; management of the economy; management and operation of the public service; internal discussion and advice; public employment and public appointments; research, statistics, and analysis; third-party information; business affairs; premature requests; and information on which legal restrictions apply. Political inconvenience or the potential for embarrassment were not justifiable bases for withholding information.

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 generally were cooperative and responsive to their views. Prominent human rights activists critical of the central government also operated freely and maintained permanent resident status in the SAR.

Government Human Rights Bodies: There is an Office of the Ombudsman and an Equal Opportunities Commission (EOC). The government recruits commissioners to represent both offices through a professional search committee, which solicits applications and vets candidates. Commissioners were independent in their operations. Both organizations operated without interference from the government and published critical findings in their areas of responsibility. In January the EOC, under the supervision of Commissioner Dr. York Chow, published a list of 77 recommendations for how to update the SAR’s existing antidiscrimination legislation to better protect Hong Kong’s lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals, improve access to public and commercial buildings for persons with disabilities, and other issues within the EOC’s responsibility. In March, Lingnan University professor Alfred Chan replaced Chow as EOC Commissioner; Chan continues to serve the EOC as an advocate for LGBTI rights, the ethnic minority community, and persons with disabilities.

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and police enforced the law effectively. Activists voiced concerns that rape was underreported, especially within the ethnic minority community, but acknowledged the police responded appropriately in reported cases.

The government regarded domestic violence against women as a serious concern and took measures to prevent and prosecute offenses. The law allows victims to seek a three-month injunction, extendable to six months, against an abuser. Although the law does not criminalize domestic violence directly, abusers may be liable for criminal charges under other ordinances. The government effectively enforced the law and prosecuted violators, but sentences typically consisted only of injunctions or restraining orders.

The law covers molestation between married couples, hom*osexual and heterosexual cohabitants, former spouses or cohabitants, and immediate and extended family members. It protects victims under age 18, allowing them to apply for an injunction in their own right, with the assistance of an adult guardian, against molestation by their parents, siblings, and specified immediate and extended family members. The law also empowers the court to require that the abuser attend an antiviolence program. In cases in which the abuser caused bodily harm, the court may attach an authorization of arrest to an existing injunction and extend both injunctions and authorizations for arrest to two years.

The government maintained programs that provided intervention, counseling, and assistance to domestic violence victims and batterers. The government continued its public information campaign to strengthen families and to prevent violence.

Activists reported domestic violence was more prevalent against ethnic minority women.

Sexual Harassment: The law prohibits sexual harassment or discrimination on the basis of sex, marital status, and pregnancy. The law applies to both men and women, and police enforced the law effectively.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence.

Discrimination: Women enjoy the same legal status and rights as men. The SAR’s sexual discrimination ordinance prohibits discrimination on the grounds of sex or pregnancy status, and the government generally enforced this antidiscrimination law.

According to gender-rights activists and public policy analysts, while the law treats men and women equally in terms of property rights in divorce settlements and inheritance matters, women faced discrimination in employment, salary, welfare, inheritance, and promotion.

The law authorizes the EOC to work towards the elimination of discrimination and harassment as well as to promote equal opportunity between men and women. A Women’s Commission served as an advisory body for policies related to women, and a number of NGOs were active in raising problems of societal attitudes and discrimination against women.

Children

Birth Registration: All Chinese nationals born in the SAR, on the PRC mainland, or abroad to parents of whom at least one is a PRC-national Hong Kong permanent resident acquire both PRC citizenship and Hong Kong permanent residence, the latter allowing the right of abode in the SAR. Children born in the SAR to non-Chinese parents, at least one of whom is a Hong Kong permanent resident, acquire SAR permanent residence and qualify to apply for naturalization as PRC citizens. Registration of all such statuses was routine.

Child Abuse: The law mandates protection for victims of child abuse (battery, assault, neglect, abandonment, and sexual exploitation), and the government enforced the law. The law allows for the prosecution of certain sexual offenses, including against minors, committed outside the territory of the SAR.

The government provided parent-education programs through its maternal and child health centers, public education programs, clinical psychologists for its clinical psychology units, and social workers for its family and child protective services units. Police maintained a child abuse investigation unit and in collaboration with the Social Welfare Department ran a child witness support program. A law on child-care centers helped prevent unsuitable persons from providing childcare services.

Early and Forced Marriage: The legal minimum age of marriage is 16, and parents’ written consent is required for marriage before the age of 21. There was no evidence of early or forced marriage in the SAR.

Sexual Exploitation of Children: There were reports of girls under the age of 18 from some countries in Asia being subjected to sex trafficking in the SAR.

The legal age of consent is 16. Under the law a person having “unlawful sexual intercourse” with a victim under 16 is subject to five years’ imprisonment, while having unlawful sexual intercourse with a victim under 13 carries a sentence of life imprisonment.

The law makes it an offense to possess, produce, copy, import, or export p*rnography involving a child under the age of 18 or to publish or cause to be published any advertisem*nt that conveys or is likely to be understood as conveying the message that a person has published, publishes, or intends to publish any child p*rnography. Authorities generally enforced the law. The penalty for creation, publication, or advertisem*nt of child p*rnography is eight years’ imprisonment, while possession carries a penalty of five years’ imprisonment.

International Child Abductions: The SAR is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’sAnnual Report on International Parental Child Abductionattravel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

The Jewish community numbered 5,000 to 6,000 persons and reported few acts of anti-Semitism during the year. There were concerns within the Jewish community about some religious rhetoric heard from the otherwise moderate Muslim community.

Trafficking in Persons

See the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, access to health care, air travel and other transportation, and the provision of other state services, including access to the judicial system and the government generally enforced these provisions. The government generally implemented laws and programs to ensure that persons with disabilities have access to buildings, information, and communications, although there were reports of some restrictions.

The Disability Discrimination Ordinance states that children with special education needs must have equal opportunity in accessing education. It is against the law for a school to discriminate against a student with a disability. According to the government, students with significant or multiple disabilities are, with parental consent, placed in special segregated schools, while students with less significant disabilities are enrolled in mainstream schools. There were occasional media reports about alleged abuses in education and mental health facilities; the most recent court case involving such abuses was in 2011.

The SAR implemented a range of legislative, administrative, and other measures to enhance the rights of persons with disabilities. Some human rights groups reported that the SAR’s Disability Discrimination Ordinance was too limited and did not oblige the government to promote equal opportunities.

The Social Welfare Department provided training and vocational rehabilitation services to assist persons with disabilities, offered subsidized resident-care services for persons considered unable to live independently and offered places for preschool services to children with disabilities, and provided community support services for persons with mental disabilities, their families, and other local residents.

Persons with disabilities filed legal cases indicating instances of discrimination against persons with disabilities persisted in employment, education, and the provision of some public services. The law calls for improved building access and sanctions against those who discriminate. Access to public buildings (including public schools) and transportation remained a serious problem for persons with disabilities.

Some persons with disabilities protested that the government discriminated against them with respect to social security assistance.

According to the EOC, the SAR lagged in providing equal opportunities for students with disabilities, despite having operated an integrated education policy since 1997.

National/Racial/Ethnic Minorities

Although 94 percent ethnic Chinese, Hong Kong is a multi-ethnic society with persons from a number of ethnic groups recognized as permanent residents with full rights under the law. The law prohibits discrimination, and the EOC oversees implementation and enforcement of the law. The EOC maintained a hotline for inquiries and complaints concerning racial discrimination. The EOC’s code of practice (along with selected other EOC materials) was available in Hindi, Thai, Urdu, Nepali, Indonesian, and Tagalog, in addition to Chinese and English.

The government has a policy to integrate non-Chinese students into the SAR’s schools and provided a special grant for some schools to develop their own programs, share best practices with other schools, develop supplementary curriculum materials, and set up Chinese-language support centers to provide after-school programs. Activists and scholars noted that programs encouraging predominantly Chinese schools to welcome minority students backfired, turning certain schools into “segregated institutions.” These schools reportedly did not teach Chinese to the non-ethnic Chinese students. Students who did not learn Chinese had significant difficulty entering university and the labor market, according to government and NGO reports.

Activists continued to express concern that there was no formal government-sponsored course to prepare students for the General Certificate for Secondary Education examination in Chinese, a passing grade from which is required for most civil service employment. The government provided funds to subsidize the cost of these examinations. The government began accepting alternate credentials for Hong Kong students to enter the SAR’s universities, though scholars assessed ethnic minority students faced a tough choice between either preparing for the General Certificate examination, which would enable entry into many civil service jobs, or preparing for alternate tests, which might enable entry into the SAR’s universities.

Activists and the government disputed whether new immigrants from the mainland should be considered as a population of concern under antidiscrimination laws. While concerns were raised that new immigrants do not qualify to receive social welfare benefits until they have resided in the SAR for seven years, the courts upheld this legal standard. Such immigrants could apply on a case-specific basis for assistance.

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

No laws criminalize consensual same-sex sexual activity. While the SAR has laws that ban discrimination on the grounds of race, sex, disability, and family status, no law prohibits companies or individuals from discriminating on grounds of sexual orientation or gender identity; there are also no laws that specifically aid in the prosecution of bias-motivated crimes against members of the LGBTI community.

The government claimed public education and existing civil and criminal laws were sufficient to protect the rights of the LGBTI community and that legislation was not necessary. A small community of religious organizations continued to lobby the government and campaign actively to prevent the SAR’s recognition of same-sex marriage. LGBTI professionals are permitted to bring foreign partners to the SAR only on a “prolonged visitor visa.” Successful applicants, however, cannot work, obtain an identification card, or qualify for permanent residency.

LGBTI persons were able to arrange large scale activities, including pride marches and other community events.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions without previous authorization or excessive requirements and to conduct legal strikes, but it does not protect the right to collective bargaining or obligate employers to bargain. Trade unions claimed the law allows employers simply to refuse to bargain. The law explicitly prohibits civil servants from bargaining collectively; the International Labor Organization (ILO) advised this restriction was too broad and not in line with international standards.

Trade unions must register with the government’s Registry of Trade Unions and must have a minimum membership of seven persons for registration. Workers were not prevented from unionizing, but only Hong Kong residents could join unions or serve as union officers. The law allows the use of union funds for political purposes, provided a union has the authorization of the majority of its voting members at a general meeting.

The law provides for the right to strike, although there are some restrictions on this right for civil servants. The Commissioner of police has broad authority to control and direct public gatherings in the interest of national security or public safety. According to the Employment Ordinance, an employer cannot fire, penalize, or discriminate against an employee who exercises his or her union rights and cannot prevent or deter the employee from exercising such rights. Under the Employment Ordinance, an employee unreasonably and unlawfully dismissed (including on the grounds of the employee exercising trade union rights) is entitled to reinstatement or reengagement, subject to mutual consent of the employer and the employee, or compensation up to a maximum of HK$150,000 ($19,300) for unreasonable and unlawful dismissal.

Penalties for violations of laws providing for freedom of association and collective bargaining laws included fines payable to the government as well as legal damages paid to workers and were sufficient to deter violations. Under the Employment Ordinance, employers who violated antiunion laws were liable to a fine of HK$100,000 ($13,000). Administrative and judicial procedures were not subject to lengthy delays.

The government effectively enforced the law. The Workplace Consultation Promotion Division in the Labor Department facilitated communication, consultation, and voluntary negotiation between employers and employees. Tripartite committees for each of the nine sectors of the economy included representatives from some trade unions, employers, and the Labor Department. During a labor dispute, the Labor Relations Division of the Labor Department facilitates conciliation so that the dispute can be settled with minimum friction and disruption.

Worker organizations were independent of the government and political parties. Prodemocracy labor activists alleged, however, that only progovernment unions were able to participate substantively in the tripartite process, while the prodemocracy Hong Kong Confederation of Trade Unions was consistently excluded. Trade Unions are prohibited from using funds for “political purposes.”

Although there is no legislative prohibition against strikes and the right and freedom to strike are enshrined in the Basic Law, most workers had to sign employment contracts that typically stated walking off the job was a breach of contract and could lead to summary dismissal, though there were no incidents in 2016 that tested this legal contradiction. Various sections of the Employment Ordinance prohibit firing an employee for striking and void any section of an employment contract that would punish a worker for striking. As in past years, approximately 5,000 participated in the annual May 1 Labor Day march calling for standard working hours and a universal pension program. According to the government, there were no reports that employers fired workers for participating in a strike last year. The government reported that as of September last year, two strikes involving 106 workers had occurred. Activists claimed more strikes took place but that the government did not want to tarnish the SAR’s business-friendly image by acknowledging them.

b. Prohibition of Forced or Compulsory Labor

The law does not prohibit all forms of forced or compulsory labor, nor do laws specifically criminalize forced labor. Hong Kong does not have a specific law explicitly banning labor trafficking. Instead, the SAR uses its Employment and Theft Ordinances to prosecute labor violations and related offenses.

NGOs voiced concerns some migrant workers faced high levels of indebtedness assumed as part of the recruitment process, creating a risk they could fall victim to debt bondage. The SAR allows for the collection of placement fees up to 10 percent of the first month’s wages, but some recruitment firms required large up-front fees in the country of origin that workers struggled to repay even after arriving and working in Hong Kong for some time. Some locally licensed employment agencies were suspected of colluding with agencies in the Philippines and Indonesia to profit from a debt scheme, and some local agencies illegally confiscated the passports, employment contracts, and automatic teller machine cards of domestic workers and withheld them until their debt had been repaid. The government conveyed its concerns about these cases to a number of foreign missions.

There also were reports that some employers illegally forbade domestic workers from leaving the residence of work for non-work-related reasons, effectively preventing them from reporting exploitation to authorities. SAR authorities claimed they encouraged aggrieved workers to lodge complaints and make use of government conciliation services, as well as actively pursued reports of any labor violations.

Also see the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

Regulations prohibit employment of children under age 15 in any industrial establishment. Other regulations limit work hours in the manufacturing sector for persons ages 15-17 to eight hours per day and 48 hours per week between 7 a.m. and 7 p.m. The law prohibits overtime in industrial establishments with employment in dangerous trades for persons under the age of 18.

Children aged 13-14 may work in certain nonindustrial establishments, subject to conditions aimed at ensuring a minimum of nine years of education and protection of their safety, health, and welfare.

The Labor Department effectively enforced these laws and regularly inspected workplaces to enforce compliance with the regulations. Penalties for violations of child labor laws include fines and legal damages up to HK$50,000 ($6,500) and were sufficient to deter violations. In the first eight months of the year, the Labor Department detected no violations of child labor regulations.

There were some reports that girls from some countries in Asia were subjected to commercial sexual exploitation (see section 6, Children).

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit employment discrimination on the grounds of race or ethnicity, disability, family status (marital status and/or pregnancy), or sex. The law stipulates employers must prove that proficiency in a particular language is a justifiable job requirement if they reject a candidate on these grounds. Regulations do not prohibit employment discrimination on the grounds of color, religion, political opinion, national origin or citizenship, sexual orientation and/or gender identity, HIV-positive status or other communicable diseases, or social status.

The government generally enforced these laws and regulations. In cases in which employment discrimination occurred, the SAR’s courts had broad powers to levy penalties on those who violated these laws and regulations. Penalties included ordering reinstatement of employees as well as the awarding of damages for loss or emotional damages. These penalties were sufficient to deter violations.

Women reported they faced discrimination in employment, salary, welfare, inheritance, and promotion, and some victims filed lawsuits on these grounds. NGOs assessed gender discrimination was more widespread, but many women preferred not to file discrimination cases. Women reportedly formed the majority of the working poor and those who fell outside the protection of labor laws. Instances of discrimination against persons with disabilities persisted in employment and access. The government estimated approximately 81,000 persons with disabilities were economically active throughout the SAR, of whom 76,200 were employed. LGBTI persons reported discrimination in finding and keeping employment if they disclosed their sexual orientation or sexual identity.

Human rights activists and local scholars continued to raise concerns about job prospects for minority students, who are more likely to hold low-paying, low-skilled jobs and earn below-average wages. Academics assessed the lack of Chinese language skills were the greatest barriers to employment. Minority group leaders and activists reported government requirements for all job applicants to speak Chinese kept nonnative Chinese speakers out of civil service and law enforcement positions. The police force reportedly employed 100 non-ethnic-Chinese constables as of the beginning of the year.

e. Acceptable Conditions of Work

The statutory minimum hourly wage was readjusted last year to HK$32.50 ($4.18). On October 1, the SAR increased domestic workers’ minimum monthly wage from HK$4,210 ($542) to HK$4,310 ($555) and increased their minimum monthly food allowance from HK$995 ($128) to HK$1,037 ($134).

The official poverty line was half of the median monthly household income before tax and welfare transfers, based on household size. For a one-person household, the poverty line was set at HK$3,600 ($463), for a two-person household HK$7,700 ($990), for a three-person household HK$11,500 ($1,480), and so on. According to this definition, more than 1.3 million persons (in a population of approximately 7.2 million) were living in poverty.

There is no law concerning working hours, paid weekly rest, rest breaks, or compulsory overtime for most employees. For certain groups and occupations, such as security guards and certain categories of drivers, there are regulations and guidelines on working hours and rest breaks. The law stipulates that employees are entitled to 12 days of statutory holidays and employers must not make payment in lieu of granting holidays. Local union groups and the government continued to debate standard working hours legislation, differing in whether the weekly standard should be set at 40, 44, or 48 hours. In the absence of such legislation, labor rights groups reported most Hong Kong residents work approximately 56 hours a week.

The government’s Standard Employment Contract requires employers to provide foreign domestic workers with housing, worker’s compensation insurance, travel allowances, and food or a food allowance in addition to the monthly minimum wage of approximately U.S. $542, which together provided a decent standard of living. In its explanation of why live-in domestic workers (both local and foreign) would not be covered by the statutory minimum wage, the government explained “the distinctive working pattern–round-the-clock presence, provision of service-on-demand, and the multifarious domestic duties expected of live-in domestic workers–made it impossible to ascertain the actual hours worked so as to determine the wages to be paid.”

Foreign domestic workers could be deported if dismissed. After leaving one employer, workers have two weeks to secure new employment before they must leave the SAR. Activists contended this restriction left workers vulnerable to abuse by employers. Workers who pursued complaints through legal channels could be granted leave to remain in the SAR but could not work, leaving them either to live from savings or depend on charitable assistance. The government contended the “two-week rule” was necessary to maintain effective immigration control and prevent migrant workers from overstaying and taking unauthorized work.

The government enforced the law. The Labor Tribunal received employment cases and convicted employers in disputes involving foreign domestic workers, most of which the government said were related to nonpayment or underpayment of wages and wrongful dismissal. Domestic workers could also be subject to physical and verbal abuse, poor living and working conditions, and limitations on freedom of movement.

In late December a High Court judge ruled that the government failed to protect adequately the human rights and safety of a Pakistani man trafficked to Hong Kong and forced into unpaid labor for several years. At year’s end, the government had not indicated if it planned to file an appeal of the case. The government stated the rules on labor protections and time off cover local and migrant workers.

Laws exist to provide for health and safety of workers in the workplace. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment. No laws restrict work during typhoon or rainstorm warnings. The Labor Department issued a “code of practice” on work arrangements in times of severe weather, which includes a recommendation that employers require only essential staff to come to work during certain categories of typhoon or rainstorm warnings. Both progovernment and pandemocratic unions called for a review of protections for workers during inclement weather, including legal protections.

Data on the number of labor inspectors working for the Department of Labor during the year were unavailable. Penalties for violations of minimum wage or occupational safety and health violations included fines, payments of damages, and worker’s compensation payments. These penalties were sufficient to deter violations. The Occupational Safety and Health Branch of the Labor Department is responsible for safety and health promotion, enforcement of safety management legislation, and policy formulation and implementation; it enforced occupational safety and health laws effectively.

Employers and employer associations often set wages. Additionally, some activists claimed that employers used employment contracts that defined workers as “self-employed” to avoid employer-provided benefits, such as paid leave, sick leave, medical insurance, workers’ compensation, or Mandatory Provident Fund payments. According to the Labor Department, there were cases in which employers faced heavy court fines for such behavior. The department held that it was seeking to promote public awareness, consultation, conciliation services, and tougher enforcement to safeguard employees’ rights.

According to the General Household Survey conducted by the Census and Statistics Department during last year, approximately 17 percent of employees worked 60 hours or more per week. In the first quarter of last year, the Labor Department recorded 7,786 occupational injuries, including 2,404 classified as industrial accidents, most of which occurred in the construction, manufacturing, and transportation sectors. In the same period, there were five fatal industrial accidents. Employers are required to report any injuries sustained by their employees in work-related accidents. Labor activists continued to raise concerns about fatal industrial accidents, which primarily occurred in construction and infrastructure industries.

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

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

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

b. Disappearance

There were no reports of politically motivated disappearances.

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

The law prohibits such practices, and there were no reports government officials employed them.

Prison and Detention Center Conditions

Prison and detention center conditions generally met international standards, and the government permitted monitoring visits by independent human rights observers.

Physical Conditions: The Macau Prison, the SAR’s only prison, has a maximum capacity of 1,565 persons, and the occupancy rate as of June was approximately 84 percent of capacity. As of June there were 1,317 inmates who were 16 years old (the age of criminal responsibility) and older; of these 1,116 were men and 201 were women. Offenders between the ages of 12 and 16 years old were subject to an “education regime” that, depending on the offense, could include incarceration. Between July 2015 and June, authorities held 16 juveniles at the Youth Correctional Institution, 15 male and one female.

Administration: The government’s recordkeeping procedures were adequate. The government continued to use alternative sentencing for nonviolent offenders. Ombudsmen were able to serve prisoners and detainees. Authorities allowed prisoners and detainees reasonable access to visitors. Inmates are eligible for a weekly one-hour visit, with video visits arranged when necessary. Inmates with children may apply for weekend visits in a designated family room. Authorities permitted religious observance, including organized activities held within the prison. The law allows prisoners and detainees to submit complaints to judicial authorities without censorship and to request investigation of alleged deficiencies, and judges and prosecutors made monthly visits to prisons to hear prisoner complaints.

Independent Monitoring: According to the government, no independent human rights observers requested or made any visit to the Macau Prison. Judges and prosecutors visited the prison at least monthly.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions. Activists expressed concern that the Macau Government abused prosecutorial procedures to target political dissidents, while police said they charged those they arrested with violations of the law.

ROLE OF THE POLICE AND SECURITY APPARATUS

Civilian authorities maintained effective control over the Public Security Police (general law enforcement) and the Judiciary Police (criminal investigations), and the government had effective mechanisms to investigate and punish official abuse and corruption. There were no reports of impunity involving the security forces.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Authorities detained persons openly with warrants issued by a duly authorized official based on sufficient evidence. Detainees had access to a lawyer of their choice or, if indigent, to one provided by the government. Detainees had prompt access to family members. Police must present persons in custody to an examining judge within 48 hours of detention. Detainees were promptly informed of charges against them. The examining judge, who conducts a pretrial inquiry in criminal cases, has wide powers to collect evidence, order or dismiss indictments, and determine whether to release detained persons. According to the government, courts should try defendants within the “shortest period of time.” Investigations by the prosecuting attorney should end with charges or dismissal within eight months, or six months when the defendant is in detention. The pretrial inquiry stage must conclude within four months, or two months if the defendant is detained. By law the maximum limits for pretrial detention range from six months to three years, depending on the charges and progress of the judicial process; there were no reported cases of lengthy pretrial detentions. There is a functioning bail system; however, judges often refused bail in cases where sentences could exceed three years.

From June 2015-July, there were five complaints of police mistreatment reported to the Commission for Disciplinary Control of the Security Forces and Services of the Macao SAR and two complaints lodged with the Commission Against Corruption. All complaints were dismissed for lack of evidence. Authorities reported there was one case of death while in police custody during the second half of 2015. According to police the case concerned a Filipino man who was brought to a police station after illegally consuming narcotic drugs and psychotropic substances. Police said during their investigation, the man reported feeling ill, and police accompanied him to Conde S. Januario Hospital for treatment where he died of suspected myocardial infarction despite efforts to resuscitate him.

e. Denial of Fair Public Trial

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

Macau’s unique, civil-code law judicial system, which is derived from the judicial framework of the Portuguese legal system, operates within the PRC. The courts may rule on matters that are the responsibility of the PRC government or concern the relationship between central authorities and the SAR, but before making their final judgment, which is not subject to appeal, the courts must seek an interpretation of the relevant provisions from the National People’s Congress Standing Committee (NPCSC). Macau’s Basic Law requires that courts follow the NPCSC’s interpretations when cases intersect with central government jurisdiction, although judgments previously rendered are not affected, and when the Standing Committee makes an interpretation of the provisions concerned, the courts, in applying those provisions, “shall follow the interpretation of the Standing Committee.” As the final interpreter of the Basic Law, the NPCSC also has the power to initiate interpretations of the Basic Law.

TRIAL PROCEDURES

The law provides for the right to a fair public trial, and an independent judiciary generally enforced this right. A case may be presided over by one judge or a group of judges, depending on the type of crime and the maximum penalty involved.

Under the law defendants enjoy a presumption of innocence, have access to government-held evidence relevant to their cases, and have a right to appeal. The law provides that trials be public except when the court rules otherwise to “safeguard the dignity of persons, public morality, or to provide for the normal functioning of the court.” Defendants have the right to be informed promptly and in detail of the charges (with free interpretation), be present at their trials, confront witnesses, have adequate time to prepare a defense, not be compelled to testify or confess guilt, and consult with an attorney in a timely manner. The government provides public attorneys for those financially incapable of engaging lawyers or paying expenses of proceedings. The law extends these rights to all residents.

The judiciary provided citizens with a fair and efficient judicial process. Under the provisions of the civil procedural law, courts schedule hearings in civil cases after a series of procedural acts have been met to provide for the parties’ rights at different stages of the judicial process. According to the government, as of June 30, the longest average waiting time for civil cases to be heard by a collegial panel of the Court of First Instance was 86 working days, while the average waiting time for cases to be heard officially by a sole judge was 29 working days. The average waiting time for criminal cases was less than one year, 84 working days involving someone on remand, and 210 working days in cases without remand. The average waiting time for cases to be heard by a sole judge was 56 working days. Activists said a lack of administrative capacity delayed the adjudication of both civil and criminal cases during the year.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent and impartial judiciary for civil matters, and citizens have access to a court to bring lawsuits seeking damages for, or cessation of, a human rights violation. Due to an overloaded court system, a period of up to a year often passed between the filing of a civil case and its scheduled hearing.

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

The law prohibits such actions, and the government generally respected these prohibitions. The Office for Personal Data Protection acknowledged a continuing increase in complaints and inquiries regarding data protection.

Activists critical of the government reported the government monitored their telephone conversations and internet usage.

a. Freedom of Speech and Press

The law provides for freedom of speech and expression, and the government generally respected these rights.

The law criminalizes treason, secession, subversion of the PRC government, and theft of “state secrets,” as well as “acts in preparation” to commit these offenses. The crimes of treason, secession, and subversion specifically require the use of violence, and the government stated it would not use the law to infringe on peaceful political activism or media freedom.

The Macau Penal Code states that anyone who initiates or organizes, or develops propaganda that incites or encourages, discrimination, hatred, or racial violence, will be liable to imprisonment for one to eight years. The law also states that anyone who, in a public meeting or in writing intended for dissemination by any means or media, causes acts of violence against a person, or group of persons on the grounds of their race, color, or ethnic origin, or defames, or insults a person, or group of persons on those grounds with the intention of inciting or encouraging racial discrimination, will be liable to imprisonment for between six months and five years.

During the year there were no arrests or convictions under this article.

Press and Media Freedoms: Independent media were active and expressed a wide range of views, and international media operated freely. The government heavily subsidized major newspapers, which tended to follow closely the PRC government’s policy on sensitive political issues, such as Taiwan; however, they generally reported freely on the SAR, including criticism of the SAR government. Two independent media websites known to be critical of the Macau government alleged cyberattacks and intrusions prior to PRC Premier Li Keqiang’s October visit to the Macau SAR.

Violence and Harassment: Activists alleged that authorities misused criminal proceedings to target government critics. There were no significant instances of violence or harassment directed at journalists.

Censorship or Content Restrictions: Activists raised concerns of media self-censorship, particularly because news outlets and journalists worried certain types of coverage critical of the government might limit government funding. Activists also reported the government had co-opted senior media managers to serve in various consultative committees, which also resulted in self-censorship. Journalists expressed concern the government’s limitation on news releases about its own activities and its publishing of legal notices only in preferred media outlets influenced editorial content.

INTERNET FREEDOM

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

According to the Statistics and Census Service, as of July there were 317,981 internet subscribers of a population of 646,800. This total did not take into account multiple internet users for one subscription, nor did it include those who accessed the internet through mobile devices.

The law criminalizes a range of cybercrimes and empowers police, with a court warrant, to order internet service providers to retain and provide authorities with a range of data. Some legislators expressed concern the law granted police authority to take these actions without a court order under some circ*mstances.

Twitter, which the PRC banned on the mainland, was available on the government-provided free Wi-Fi service. Activists reported they freely used Facebook and Twitter to communicate. Activists also reported the government had installed enterprise-grade software capable of censoring, decrypting, and scanning secured transmissions on its free Wi-Fi service without notifying users.

ACADEMIC FREEDOM AND CULTURAL EVENTS

Academics reported self-censorship and also reported that they were deterred from studying or speaking on controversial topics concerning China. Scholars also reported that they were warned not to speak at politically sensitive events or on behalf of certain political organizations. University professors reported the SAR’s universities lacked a tenure system, which left professors vulnerable to dismissal for political reasons.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

The law provides for freedom of assembly, and the government generally respected this right. The law requires prior notification, but not approval, of demonstrations involving public roads, public places, or places open to the public. In cases where authorities tried to restrict access to public venues for demonstrations or other public events, the courts generally ruled in favor of the applicants. Police may redirect demonstration marching routes, but organizers have the right to challenge such decisions in court.

Activists alleged authorities were making a concerted effort to use both intimidation and criminal proceedings against participants in peaceful demonstrations to discourage their involvement. Activists reported police routinely attempted to intimidate demonstrators by ostentatiously taking videos of them and advising bystanders not to participate in protests. Activists also stated authorities gave orders to demonstrators verbally rather than through written communication, which made it difficult to challenge their decisions in court. Activists reported the use of internal circulars and “rumors” threatening civil servants not to join politically sensitive events and demonstrations.

Further, activists alleged the Macau High Court had begun to adjudicate against defendants in freedom of assembly cases. In March, Macau police shrank the area requested by an antigovernment political organization to host an assembly in the Senado Square. The court upheld the restriction and dismissed the applicant’s citation of law that “any restriction on the exercise of the right of peaceful assembly must conform to the strict tests of necessity and proportionality.” In June approximately 400 persons participated in a vigil at Senado Square to mark the 27th anniversary of the 1989 Tiananmen Square crackdown.

FREEDOM OF ASSOCIATION

The law provides for freedom of association, and the government generally respected it. No authorization is required to form an association, and the only restrictions on forming an organization are that it not promote racial discrimination, violence, crime, or disruption of public order, or be military or paramilitary in nature. The SAR registered 570 new organizations from July 2015 to June.

c. Freedom of Religion

See the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

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

The Internal Security Law grants police the authority to deport or deny entry to nonresidents whom they regard under the law as unwelcome, as a threat to internal security and stability, or as possibly implicated in transnational crimes.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status under the UN Convention Against Torture, and the government has established a system for providing protection to refugees. Persons granted refugee status ultimately enjoy the same rights as other SAR residents. The head of the SAR’s Refugee Commission made clear that resource shortages and other priorities meant resolution of the cases would likely take several years.

Pending final decisions on their asylum claims, the government registered asylum seekers and provided protection against their expulsion or return to their countries of origin. Persons with pending applications were eligible to receive government support, including basic needs such as housing, medical care, and education for children.

The law limits citizens’ ability to change their government through free and fair periodic elections, and citizens did not have universal suffrage. Only a small fraction of citizens played a role in the selection of the Chief Executive, who was chosen in August 2014 by a 400-member Election Committee consisting of 344 members elected from four broad societal sectors (which themselves have a limited franchise) and 56 members chosen from among the SAR’s legislators and representatives to the National People’s Congress and Chinese People’s Political Consultative Conference.

Elections and Political Participation

Recent Elections: In 2014 a 400-member selection committee reelected Chief Executive Fernando Chui Sai-On. Chui ran unopposed and won 97 percent of the vote. The most recent general election for the 14 directly elected seats in the 33-member Legislative Assembly occurred in 2013. A total of 145 candidates on 20 electoral lists competed for the seats. The election for these seats was generally free and fair.

There are limits on the types of bills legislators may introduce. The law stipulates that legislators may not initiate legislation related to public expenditure, the SAR’s political structure, or the operation of the government. Proposed legislation related to government policies must receive the chief executive’s written approval before it is introduced. The Legislative Assembly also has no power of confirmation over executive or judicial appointments.

A 10-member Executive Council functions as an unofficial cabinet, approving draft legislation before it is presented in the Legislative Assembly. The Basic Law stipulates that the chief executive appoint members of the Executive Council from among the principal officials of the executive authorities, members of the legislature, and public figures.

Political Parties and Political Participation: The SAR has no laws on political parties. Politically active groups registered as societies or limited liability companies were active in promoting their political agendas. Those critical of the government generally did not face restrictions. Such groups participated in protests over government policies or proposed legislation without restriction.

Participation of Women and Minorities: There were no laws or practices preventing women or members of minorities from voting, running for office, serving as election monitors, or otherwise participating in political life on the same basis as men or nonminority citizens, and women and minorities did so. According to the Public Administration and Civil Service Bureau, as of June, there were 12,619 women working for the Macao SAR Government, 389 at the judicial organs and 60 at the Legislative Assembly. Women also held a number of senior positions throughout the government, including the secretary for justice and administration, the second-highest official in the SAR government. The Public Administration and Civil Service Bureau stated women were 43 percent of the SAR government, 56 percent of the judiciary, and 48 percent of the senior staff of the Legislative Assembly. One Executive Council member was from an ethnic minority, as was the police commissioner general. As of June, 38 female judges worked in the judiciary.

The law provides criminal penalties for official corruption, and there were few reported cases of officials engaging in corrupt acts.

Corruption: The government’s Commission Against Corruption (CAC) investigated the public and private sectors and had the power to arrest and detain suspects. The Ombudsman Bureau within the CAC reviewed complaints of mismanagement or abuse by the CAC. There was also an independent committee outside the CAC entitled the Monitoring Committee on Discipline of CAC Personnel, which accepted and reviewed complaints about CAC personnel. According to Macau government statistics, in the second half of 2015 there were two complaints lodged at the CAC; however, no illegality was found. No complaints were lodged in the first half of the year.

Financial Disclosure: By law the chief executive, cabinet, judges, members of the Legislative Assembly and Executive Council, and executive agency directors must disclose their financial interests upon appointment, promotion, retirement, and at five-year intervals while in the same position. The information is available to the public on the website of the Macau Courts. The law states that if the information contained in the declaration is intentionally incorrect, the declarant shall be liable to imprisonment not exceeding three years or a fine, the amount of which shall not be less than 6 months of the remuneration of the position held. Additionally the declarant may be prohibited from being appointed to public office or performing public duties for up to 10 years.

Public Access to Information: The law does not provide for public access to government information. Nevertheless, the executive branch published online, in both Portuguese and Chinese, extensive information on laws, regulations, ordinances, government policies and procedures, and biographies of principal government officials. The government also issued a daily press release on topics of public concern. The information provided by the legislature was less extensive.

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

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and the government effectively enforced the law. From July 2015-June, police received 25 complaints of rape and made 17 arrests.

In May, Macau’s Legislative Assembly adopted the Law on Preventing and Combating Domestic Violence, but same-sex couples are not under its purview. Under the new law, a victim can decide whether to pursue charges if the consequences of the violence are “mild.” The new law provides avenues for victims of domestic violence to leave dangerous environments as soon as possible and provides them with social services. Under the new law, the Social Welfare Bureau (SWB) is responsible for coordinating the application of protective and assistance measures to victims, such as temporary shelters, access to legal aid, financial assistance, health care, individual and family counseling, and assistance in access to education or employment. The law stipulates that a judge may order urgent coercive measures imposed upon the defendant individually or cumulatively, which can include: removing the offender from the victim’s family residence; forbidding the offender to contact, harass, or pursue the victim; barring the offender from owning weapons, objects, or tools that can be used for perpetrating acts of domestic violence; or other measures aimed at preventing the reoccurrence of domestic violence. According to the government, the application of these measures does not preclude the possibility of prosecuting the perpetrators for criminal responsibilities as stipulated in the criminal code. From June 2015- July, police received 322 reports of domestic violence. Various NGOs and government officials considered domestic violence against women to be a growing problem.

The government made referrals for victims to receive medical treatment, and medical social workers counseled victims and informed them of social welfare services. During the first half of the year, the SWB handled 90 domestic violence cases. The government funded NGOs to provide victim support services, including medical services, family counseling, and housing, until their complaints were resolved. The government also supported two 24-hour hotlines, one for counseling and the other for reporting domestic violence cases.

NGOs and religious groups sponsored programs for victims of domestic violence, and the government supported and helped fund these organizations and programs. The Bureau for Family Action, a government organization subordinate to the Department of Family and Community of the SWB, helped female victims of domestic violence by providing a safe place for them and their children and by providing advice regarding legal actions against perpetrators. A range of counseling services was available to persons who requested them at social service centers. Two government-supported religious programs also offered rehabilitation programs for female victims of violence.

Sexual Harassment: There is no law specifically addressing sexual harassment, unless it involves the use of a position of authority to coerce the performance of physical acts. Harassment in general is prohibited under laws governing equal opportunity, employment and labor rights, and labor relations. From July 2015- June, authorities received 13 complaints of sexual coercion and made 13 arrests.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and the right to both fertility and contraceptive treatment, free from discrimination, coercion, and violence. Access to information on family planning, contraception, and prenatal care was widely available, as was skilled attendance at delivery and postpartum care.

Discrimination: Equal opportunity legislation mandates that women receive equal pay for equal work. Discrimination in hiring practices based on gender or physical ability is prohibited by law, and penalties exist for employers who violate these guidelines. The law allows for civil suits, but few women took cases to the Labor Affairs Bureau (LAB) or other entities. Gender differences in occupation existed, with women concentrated in lower-paid sectors and lower-level jobs. Observers estimated there was a significant difference in salaries between men and women, particularly in unskilled jobs. The CAC received no complaints of gender discrimination during the first six months of the year.

Children

Birth Registration: According to the Basic Law, children of Chinese national residents of Macau who were born in or outside the SAR and children born to non-Chinese national permanent residents inside the SAR are regarded as permanent residents. There is no differentiation between these categories in terms of access to registration of birth. Most births were registered immediately.

Child Abuse: Four cases of child abuse were reported to the authorities from June 2015-July. The SAR’s Health Bureau handled 15 suspected child abuse cases during the year, all of which were transferred to appropriate governmental or nongovernmental institutions for follow up after hospitalization. In addition to providing measures to combat abuse, neglect, and violence against children by criminal law, the law establishes relief measures for children at risk. In this regard the SWB reported it handled 27 cases of abuse or neglect during the year.

Early and Forced Marriage: The minimum age of marriage is 16 years old. Children between ages 16 and 18 years old who wish to marry must get approval from their parents or guardians.

Sexual Exploitation of Children: The law specifically provides for criminal punishment for sexual abuse of children and students, statutory rape, and procurement involving minors. The criminal code sets 14 years as the age of sexual consent and 16 years old as the age for participation in the legal sex trade. The law prohibits child p*rnography. From July 2015-June, there were nine reported cases of child sexual abuse and five reported cases of rape of a minor. Police arrested seven suspects in reported cases of child sexual abuse and three suspects in cases of rape of a minor. Police received eight complaints and arrested seven in cases of sex with a minor during the same period.

International Child Abductions: The SAR is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’sAnnual Report on International Parental Child Abductionattravel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

The Jewish population was extremely small. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, access to health care, or the provision of other state services, and the government generally enforced these provisions. The law mandates access to buildings, public facilities, information, and communications for persons with disabilities. The government enforced the law effectively. The government provides a variety of services to persons with disabilities, including discounted fares on wheelchair-accessible public transportation. The SWB was primarily responsible for coordinating and funding public assistance programs to persons with disabilities. There was a governmental commission to rehabilitate persons with disabilities, with part of the commission’s scope of work addressing employment. There were no reports of children with disabilities encountering obstacles to attending school.

National/Racial/Ethnic Minorities

Although the government has made efforts to address the complaints of individuals of Portuguese descent and the Macanese (Macau’s Eurasian minority), members of these two groups continued to claim that they were not treated equally by the Chinese majority.

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

There are no laws criminalizing sexual orientation or same-sex sexual contact and no prohibition against lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons forming organizations or associations. There were no reports of violence against persons based on their sexual orientation or gender identity. LGBTI groups openly held several public events, and one registered LGBTI group openly lobbied the government and international organizations for an extension of protections to same-sex couples in a draft law on domestic violence.

HIV and AIDS Social Stigma

The law prohibits discrimination against persons with HIV/AIDS and limits the number of required disclosures of an individual’s HIV status. Employees outside medical fields are not required to declare their status to employers. There were no reported incidents of violence or discrimination against persons with HIV/AIDS.

a. Freedom of Association and the Right to Collective Bargaining

The law provides workers the right to form and join unions or “labor associations” of their choice. The law does not provide that workers can collectively bargain, and, while workers have the right to strike, there is no specific protection in the law from retribution if workers exercise this right. The law prohibits antiunion discrimination, stating employees or job seekers shall not be prejudiced, deprived of any rights, or exempted from any duties based on their membership in an association. The law does not require reinstatement of workers dismissed for union activity.

Workers in certain professions, such as the security forces, are forbidden to form unions, take part in protests, or to strike. Such groups had organizations that provided welfare and other services to members and could speak to the government on behalf of members. Vulnerable groups of workers, including domestic workers and migrant workers, could freely associate and form and join unions, as could public servants.

In order to register as an official union, the government requires an organization to provide the names and personal information of its leadership structure. There is no law specifically defining the status and function of labor unions, nor are employers compelled to negotiate with them. The law provides that agreements between employers and workers shall be valid, but there is no specific statutory provision giving workers, resident or foreign, the right to collective bargaining. The government asserted striking employees are protected from retaliation by provisions of the law requiring an employer to have justified cause to dismiss an employee.

The government generally enforced the relevant legislation. The law imposes penalties ranging from MOP 20,000 to 50,000 ($2,500 to $6,300) for antiunion discrimination. Observers noted this may not be sufficient to deter discriminatory activity.

Workers who believed they were dismissed unlawfully could bring a case to court or lodge a complaint with the LAB or the CAC, which also has an Ombudsman Bureau to handle complaints over administrative violations. The bureau makes recommendations to the relevant government departments after its investigation.

Even in the absence of formal collective bargaining rights, companies often negotiated with unions, although the government regularly acted as an intermediary. There were no indications that disputes or appeals were subjected to lengthy delays. Pro-PRC unions traditionally have not attempted to engage in collective bargaining. The Macau Federation of Trade Unions acts as an adviser and assistant to those filing complaints to the LAB, which is responsible for adjudicating labor disputes.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor. Penalties range from three to 12 years’ imprisonment with the minimum and maximum sentences increased by one-third if the victim is under the age of 14 years old. Observers noted these penalties generally were considered sufficient to deter the use of forced labor. The government has a special, interagency unit to fight human trafficking, the Human Trafficking Deterrent Measures Concern Committee. In addition to holding seminars to raise awareness about human trafficking, the committee operates two 24-hour telephone hotlines, one for reporting trafficking and another to assist trafficking victims.

There were reports forced labor occurred in conjunction with commercial sexual exploitation of migrant women.

Also see the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

A chief executive order prohibits minors under the age of 16 years old from working, although minors between ages 14 and 16 years old may work in “exceptional circ*mstances” if they obtain a health certificate to prove they have the “necessary robust physique to engage in a professional activity.” Under the Labor Relations Law, “exceptional circ*mstances” are defined as: the minor (under the age of 16) has completed compulsory education and has the authorization of the Labor Affairs Bureau after hearing the Education and Youth Affairs Bureau’s opinions; minors between 14 and 16 years of age may work for public or private entities during school summer holidays; minors of any age may be employed for cultural, artistic or advertising activities upon authorization of the Labor Affairs Bureau after hearing the Education and Youth Affairs Bureau’s opinions and when such employment does not adversely affect their school attendance. Local laws do not establish specific regulations governing the number of hours children under 16 can work. The law governing the number of working hours (eight hours a day, 40 hours a week) was equally applicable to adults and legal working minors, but the law prohibits minors from working overtime hours. According to the civil code, minors 16 years old can acquire full legal capacity by emancipation if they get married, so they can deal with their personal matters and dispose their properties by themselves.

Minors below 16 years old are forbidden from certain types of work, including but not limited to domestic work, employment between 9:00 p.m. and 7:00 a.m., and employment at places where admission of minors is forbidden, such as casinos. The government requires employers to conduct an assessment of the nature, extent, and duration of risk exposure at work before recruiting or employing a minor. These regulations are intended to protect children from physically hazardous work, including exposure to dangerous chemicals, and jobs deemed inappropriate due to the child’s age.

The LAB enforced the law through periodic and targeted inspections, and prosecuted violators. Regulations stipulate LAB inspectors shall be trained to look for child labor in order to carry out their responsibilities. Information on the penalties for violations was not available. Employers are obligated to provide professional training and working conditions appropriate to a minor’s age to prevent situations that undermine his/her education and could endanger health, safety, and physical and mental development.

Child labor occurred, with some children reportedly working in family-operated or small businesses, while others were subject to commercial sexual exploitation (see section 6, Children).

d. Discrimination with Respect to Employment and Occupation

The Basic Law and the Labor Relations Law provides that all residents shall be equal before the law and shall be free from discrimination, irrespective of their nationality descent, race, sex, language, religion, political persuasion or ideological belief, educational level, economic status, or social conditions. The Labor Relations Law expands on this list to include discrimination based on national or social origin, descent, race, color, gender, sexual orientation, age, marital status, language, religion, political or ideological beliefs, membership of associations, education, or economic background (see section 6, Women). The law also states that all residents have a right to privacy as it relates to access to and disclosure of information related to their family life, emotional and sexual life, state of health, and their political and religious convictions. Local law requires employers to provide equal pay for equal work, regardless of gender. Between July 2015 and June, there were no cases of termination of employment due to HIV/AIDS infection.

There were no reports of the government failing to enforce the relevant laws but some discrimination occurred. For example, under the law migrant workers enjoy treatment equal to that of local workers, including the same rights, obligations, and remuneration. According to official statistics, at the end of July, there were 182,459 nonresident workers who accounted for approximately 28 percent of the population. They frequently complained of discrimination in the workplace. Most worked in the restaurant and hotel industry, but others are employed as domestic servants, in the hotel and hospitality industry, or in construction and retail trade.

e. Acceptable Conditions of Work

Local labor laws establish the general principle of fair wages and mandate compliance with wage agreements. Effective January 1, the mandatory minimum wage for security guards and cleaners was raised to MOP 30 ($3.75). The SAR does not calculate an official poverty line, and its median monthly income is MOP 13,000 ($1,625). The law provides for a 48-hour workweek (many businesses operated on a 40-hour workweek), an eight-hour workday, paid overtime, annual leave, and medical and maternity care. The law provides for a 24-hour rest period each week. The law does not define “temporary contract” or “short-term contract.” It states only that a labor contract may be either for a defined term or of indefinite duration. All workers employed in the SAR, whether under a term contract or an indefinite contract, are entitled to such benefits as specified working hours, weekly leave, statutory holidays, annual leave, and sick leave. At the end of September, there were 10,822 part-time workers, accounting for 5.5 percent of total worker population. No data on the number temporary contract workers is available. The law does not apply to part-time workers and workers on temporary contracts.

The law includes a requirement that employers provide a safe working environment, and the LAB sets occupational safety and health standards. The law prohibits excessive overtime but permits legal overtime (up to eight hours, and irrespective of workers’ consent) in force majeure cases or as a response to external shocks, at the discretion of the employer.

All workers, including migrants, have access to the courts in cases in which an employee is unlawfully dismissed, an employer fails to pay compensation, or a worker believes his/her legitimate interests were violated. Employers can dismiss staff “without just cause” if they provide economic compensation indexed to an employee’s length of service.

The LAB provides assistance and legal advice to workers upon request, and cases of labor-related malpractices are referred to the LAB. From July 2015-June, the LAB provided assistance for 6,417 cases. Additionally, the LAB could charge the worker or union a fee to process such complaints.

The LAB enforced occupational safety and health regulations, and failure to correct infractions could lead to prosecution. There were approximately 140 labor inspectors in the country, which was adequate to enforce compliance; almost all inspectors held university degrees and most had more than five years’ experience. Health Bureau guidelines protect pregnant workers and those with heart and lung diseases from exposure to secondhand smoke by exempting them from work in smoking areas, such as casinos.

Local employers favored unwritten labor contracts of indefinite duration, except in the case of migrant workers, who were issued written contracts for specified terms. Labor groups reported employers increasingly used temporary contracts to circumvent obligations to pay for worker benefits such as pensions, sick leave, and paid holidays. The short-term nature of written contracts made it easier to dismiss workers through nonrenewal. The law provides for workers to remove themselves from hazardous conditions without jeopardy to their employment, but some workers reported being dismissed for refusing to work in unhealthy environments.

The SAR recorded 7,499 workplace accidents from July 2015-June. Authorities recorded 17 workplace fatalities, of which seven were judged to have possible links to the individuals’ preexisting health conditions. Most workplace injuries reported were minor, with one in seven injured workers returning to their duties the same day. Workplace injuries permanently incapacitated 22 persons.

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

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. There were no reports that officials investigated or punished those responsible for such killings.

In JunePhayul.comreported that Yudruk Nyima, a villager from Derge (Chinese: Dege) County, Kardze TAP in the Tibetan Region of Kham (Sichuan Province), was detained for reportedly “possessing a gun” and died in custody from injuries sustained through torture. According to local contacts, security forces in the local area raided many villages and monasteries and detained people to prevent them from celebrating the birthday of the Dalai Lama in early July.

Tibetan exiles and other observers believed Chinese authorities released Tibetan political prisoners in poor health to avoid deaths in custody. Lobsang Yeshi, a former village leader, died in a Lhasa hospital after enduring torture, mistreatment, and negligence at the hands of prison authorities, according to a July report by the Tibetan Center for Human Rights and Democracy. Authorities detained Lobsang Yeshi in 2014 after he protested against mining operations near his hometown.

In March Chinese authorities abruptly released Jigme Gyatso, a monk of Labrang Monastery who was serving a five-year criminal sentence on separatism charges, and moved him to a hospital in Lanzhou. According to Radio Free Tibet eyewitness reports, the monk was extremely frail due to repeated instances of severe torture, beatings, and poor conditions in the detention facilities.

b. Disappearance

Authorities in Tibetan areas continued to detain Tibetans arbitrarily for indefinite periods.

On June 30, according to the Tibetan Center for Human Rights and Democracy, Yeshi Lhakdron, a nun from Dragkar Nunnery in Kardze (Chinese: Ganzi) TAP in the Tibetan Region of Kham (Sichuan Province), who had been missing since her detention in 2008, reportedly died in police custody due to the effects of torture. Yeshi staged a peaceful protest in 2008 raising slogans such as “long live the Dalai Lama” and “freedom in Tibet.”

The whereabouts of the 11th Panchen Lama, Gedhun Choekyi Nyima, Tibetan Buddhism’s second-most prominent figure after the Dalai Lama, remained unknown. Neither he nor his parents have been seen since they were taken away by Chinese authorities in 1995 when he was only six years old.

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

Police and prison authorities employed torture and degrading treatment in dealing with some detainees and prisoners. There were many reports during the year that Chinese officials severely beat, even to the point of death, some Tibetans who were incarcerated or otherwise in custody.

On April 1, Radio Free Asia (RFA) reported that Tashi, a man from Chamdo TAP in the Tibetan Region of Kham, now administered by the TAR, was detained for unknown reasons just days before the March 10 anniversary of the 1959 Tibetan uprising. Sources reported that Tashi was driven to suicide due to being severely beaten and tortured while in detention.

On April 4,Phayul.comreported that Yeshi Dolma, a Tibetan political prisoner serving a 15-year sentence at the TAR’s Drapchi Prison, was transferred to a hospital in Lhasa for urgent treatment. Yeshi was unable to stand without assistance, and sources say her disability was caused by torture and a lack of proper health care in prison. Authorities prohibited Yeshi’s family and friends from meeting her at the hospital.

On May 13,Phayul.comreported that Lobsang Choedhar, a monk from Kirti Monastery in the Tibetan Region of Amdo located in Sichuan’s Ngaba TAP, was in critical condition after enduring torture in prison. He was serving a 13-year sentence for calling for the return of the Dalai Lama and release of the Panchen Lama, Gendun Choekyi Nyima. According to local contacts, calls for the Chinese authorities to release him for medical treatment have been ignored.

In December Jigme Guri, a Tibetan political prisoner who had recently been released from prison, was admitted to a local government hospital in Sangchu County (Xiahe) in the Amdo Region of Tibet (Gansu Province). He had reportedly been subjected on four separate occasions to torture while in prison.

Prison and Detention Center Conditions

The number of prisoners in the TAR and Tibetan areas was unknown. There were reports of recently released prisoners permanently disabled or in extremely poor health because of the harsh treatment they endured in prison. Former prisoners reported being isolated in small cells for months at a time and deprived of sleep, sunlight, and adequate food. According to individuals who completed their prison terms during the year, prisoners rarely received medical care except in cases of serious illness. In April the TAR government stated that prisons in the region were tasked with re-educating prisoners who have endangered “state security” to strengthen the fight against separatism. There were many cases of detained and imprisoned persons being denied visitors. As elsewhere in the PRC, authorities did not permit independent monitoring of prisons.

d. Arbitrary Arrest or Detention

Arbitrary arrest and detention was a problem in Tibetan areas. Public security agencies are required by law to notify the relatives or employer of a detained person within 24 hours of the detention, but they often failed to do so when Tibetans and others were detained for political reasons. With a detention warrant, public security officers may legally detain persons throughout the PRC for up to 37 days without formally arresting or charging them. Following the 37-day period, public security officers must either formally arrest or release the detainee. Security officials frequently violated these requirements. It was unclear how many Tibetan detainees were held under forms of detention not subject to judicial review.

In May authorities in Kardze TAP in the Tibetan Region of Kham (Sichuan Province), detained 23-year-old Jampa Gelek after removing him from his monastery. According to RFA, authorities gave no reason for his detention, and he remained incarcerated at year’s end.

In June authorities in Qinghai Province detained for a second time Choesang Gyatso, a monk from Lutsang monastery in the Tibetan Region of Amdo, just one day after authorities had freed him from a month of unexplained detention. Authorities provided no reason for the second detention, and he appeared to remain in detention at the end of the year. He started a civil organization to promote education among young Tibetan nomads and also edited a Tibetan cultural journal.

e. Denial of Fair Public Trial

Legal safeguards for detained or imprisoned Tibetans were inadequate in both design and implementation. Prisoners in China have the right to request a meeting with a government-appointed attorney, but many Tibetan defendants, particularly political defendants, did not have access to legal representation. In cases that authorities claimed involved “endangering state security” or “separatism,” trials often were cursory and closed. Local sources noted that trials were predominantly conducted in Mandarin with government interpreters providing language services for Tibetan defendants who did not speak Mandarin. Court decisions, proclamations, and other judicial documents, however, were generally not published in Tibetan script.

TRIAL PROCEDURES

In its annual work report, the TAR High People’s Court stated it firmly fought against separatism and cracked down on the followers of “the 14th Dalai (Lama) clique,” by, among other things, sentencing those who instigated protests, promoted separatism, and supported “foreign hostile forces.”

According to a 2015 report in the government-controlledTibet Daily, only 15 percent of the cadres (government and party officials) working for courts in the TAR had passed the National Legal Qualification Examination with a C grade certificate or higher. The report concluded that judges in the TAR were “strong politically, but weak professionally.” In its 2016 annual work report, the TAR High People’s Court stated that strengthening “political ideology” was the top priority of the court.

Security forces routinely subjected political prisoners and detainees known as “special criminal detainees” to “political re-education” sessions.

POLITICAL PRISONERS AND DETAINEES

An unknown number of Tibetans were detained, arrested, and sentenced because of their political or religious activity. Authorities held many prisoners in extrajudicial detention centers and never allowed them to appear in public court.

Based on information available from the political prisoner database of the Congressional-Executive Commission on China (CECC), as of August 1, 650 Tibetan political prisoners were known to be detained or imprisoned, most of them in Tibetan areas. Observers believed the actual number of Tibetan political prisoners and detainees to be much higher, but the lack of access to prisoners and prisons, as well as the dearth of reliable official statistics, made a precise determination difficult. An unknown number of persons continued to be held in detention centers rather than prisons. Of the 650 Tibetan political prisoners tracked by the CECC, 640 were detained in or after March 2008, and 10 were detained prior to March 2008. Of the 640 Tibetan political prisoners who were detained in or after March 2008, 276 were believed or presumed to be detained or imprisoned in Sichuan Province, 201 in the TAR, 95 in Qinghai Province, 67 in Gansu Province, and one in the Xinjiang Uighur Autonomous Region. There were 156 persons serving known sentences, which ranged from two years to life imprisonment. The average sentence length was eight years and seven months. Of the 156 persons serving known sentences, 69 were monks, nuns, or Tibetan Buddhist reincarnate teachers.

Tenzin Delek Rinpoche, an influential reincarnate lama and social activist, died in prison in 2015. Authorities immediately cremated the body without an autopsy or traditional religious funeral rites. According to local sources, the top priority for the followers of Tenzin Delek Rinpoche was to seek to identify his reincarnation, but officials prohibited his monasteries from conducting the search.

TIBETAN SELF-IMMOLATIONS

Three Tibetans reportedly self-immolated during the year, including one Tibetan Buddhist monk and two laypersons, fewer than the seven self-immolations reported in 2015 and significantly fewer than the 83 self-immolations reported in 2012, bringing the total of self-immolations to at least 140 since 2009. Non-Chinese media reports stated that the declining number of reported self-immolations was due to tightened security by authorities and the collective punishment of self-immolators’ relatives and associates, as well as the Dalai Lama’s public plea to his followers to find other ways to protest against Chinese government repression. Chinese officials in some Tibetan areas withheld public benefits from the family members of self-immolators and ordered friends and monastic personnel to refrain from participating in religious burial rites or mourning activities for self-immolators. According to a RFA report, security officials detained, beat, and tortured the wife and two daughters of Tashi Rabtan after he self-immolated in Gansu Province in December.

Self-immolators reportedly viewed their acts as protests against the government’s political and religious oppression. The Chinese government implemented policies that punished friends, relatives, and associates of self-immolators. The Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security’s joint 2012 Opinion on Handling Cases of Self-immolation in Tibetan Areas According to Law criminalize various activities associated with self-immolation, including “organizing, plotting, inciting, compelling, luring, instigating, or helping others to commit self-immolation,” each of which may be prosecuted as “intentional homicide.” In September, 10 public security officers reportedly raided the home of Sangdak Kyab in Sangchu County (Xiahe) in the Amdo Region of Tibet (Gansu Province) and detained him in connection with the role he allegedly played in 2013, transporting the remains of a self-immolator to his family’s home to prevent security agents from seizing the corpse.

On September 20, RFA reported that two monks of Labrang Monastery, Jinpa Gyatso and Kelsang Monlam, were sentenced to 18 months in prison in a secret trial by a court in Sangchu (Chinese: Xiahe) County in the Tibetan Region of Amdo (Gansu Province) for involvement in a 2015 self-immolation of another monk. The monks were arrested in June for sharing information and pictures of the self-immolation. Their families were not informed of the charges or of the monks’ location after the arrests.

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

Since 2015 the TAR has strengthened the punishment of Communist Party members who follow the Dalai Lama, secretly harbor religious beliefs, make pilgrimages to India, or send their children to study with Tibetans in exile. Authorities continued to monitor private correspondence and search private homes and businesses for photographs of the Dalai Lama and other politically forbidden items. Police examined the cell phones of TAR residents to search for “reactionary music” from India and photographs of the Dalai Lama. Authorities also questioned and detained some individuals who disseminated writings and photographs over the internet.

On November 15, TAR CCP secretary Wu Yingjie outlined his plan to protect “social stability” that included a vow to “strictly implement a real-name user identification system for landline telephones, mobile phones, and the internet and continuously intensify the launching of attacks and specialized campaigns to counter and ferret out ‘Tibetan independence’ and promote the proliferation of party newspaper, journals, broadcasts, and television [programs] into every home in every village in order to completely stop infiltration by the hostile forces and the Dalai clique.”

On February 24,Phayul.comreported that Gomar Choephel, a Tibetan monk from Rongwo Monastery in the Tibetan Region of Amdo (Qinghai Province), was sentenced to two years in prison in January for possessing a photograph of the Dalai Lama and sharing it on social media.

On December 6, a court in the Ngaba Tibetan and Qiang Autonomous Prefecture in the Tibetan Region of Amdo (Sichuan province) sentenced nine Tibetans to prison for terms ranging from five to 14 years for involvement in celebrations of the Dalai Lama’s 80th birthday in 2015. Three of the nine, who were senior monks from Kirti Monastery, received the longest sentences of between 12 and 14 years each.

a. Freedom of Speech and Press

Freedom of Speech and Expression: Tibetans who spoke to foreign reporters, attempted to provide information to persons outside the country, or communicated information regarding protests or other expressions of discontent through cell phones, e-mail, or the internet were subject to harassment or detention under “crimes of undermining social stability and inciting separatism.” During the year authorities in the TAR and other Tibetan areas sought to strengthen control over electronic media and to punish individuals for the ill-defined crime of “creating and spreading of rumors.” According to official news reports in January, TAR officials punished 141 individuals for “creating and spreading rumors” online between June 2015 and January.

In March public security authorities charged Tashi Wangchuk, an entrepreneur and education advocate from Jyekundo in the Tibetan Region of Kham, now part of the Yushu TAP in Qinghai Province, with “inciting separatism,” according toThe New York Times. Tashi’s lawyer told theTimesin August that public security case files he had reviewed indicated that the charge was based on Tashi’s participation in a late 2015Timesreport about the lack of Tibetan language education in Tibetan areas. Tashi was detained in January, but his family members were not informed until late March, and he remained in detention awaiting trial at the year’s end. Tashi had no known record of advocating Tibetan independence or separatism, according to theTimes, and has denied the charges against him.

On May 9, the Wenchuan County People’s Court sentenced Jo Lobsang Jamyang, a monk at Kirti Monastery and a popular writer who addressed issues such as environmental protection and self-immolation protests, to seven years and six months in prison on charges of “leaking state secrets” and “engaging in separatist activities.” The trial was closed, and his family and lawyers were barred from attending. Soon after he was detained in April 2015, 20 Tibetan writers jointly called for his release and praised his writings. Authorities held Jamyang incommunicado and reportedly tortured him during more than a year of pretrial detention.

On May 14, authorities detained Jamyang Lodroe, a monk from Tsinang Monastery in Ngaba TAP, without providing any information about his whereabouts or the reason for his detention to the monastery or to his family. Local sources told RFA reporters that it was widely believed that authorities detained Lodroe on account of his online publications.

Press and Media Freedoms: The government continued to severely restrict travel by foreign journalists. Foreign journalists may visit the TAR only after obtaining a special travel permit from the government, and this permission was rarely granted. The Foreign Correspondents Club of China’s annual report stated that reporting from “Tibet proper remains off-limits to foreign journalists.” This same report noted that many foreign journalists were also told that reporting in Tibetan areas outside the TAR was “restricted or prohibited.”

Authorities tightly controlled journalists who worked for the domestic press and could hire and fire them on the basis of political reliability. In February TAR Television announced job vacancies with one of the listed job requirements to “be united with the regional party committee in political ideology and fighting against separatism.” CCP propaganda authorities remained in charge of local journalist accreditation in the TAR and required journalists working in the TAR to display “loyalty to the Party and motherland.” The deputy head of the TAR Propaganda Department simultaneously holds a prominent position in the TAR Journalist Association, a state-controlled professional association to which local journalists must belong.

Violence and Harassment: Chinese authorities arrested and sentenced many Tibetan writers, intellectuals, and singers for “inciting separatism.” In February the Malho (Hainan) Prefecture Intermediate People’s Court in Qinghai Province sentenced Druklo (pen name: Shokjang), a writer and blogger from Labrang in the Tibetan Region of Amdo, to three years in prison for “inciting separatism.” According to various sources, Shokjang wrote poetry and prose about Chinese government policies in Tibetan areas that enjoyed significant readership among Tibetans. Chinese security officials took Shokjang from the monastic center of Rebkong in March 2015, and no information was known about his welfare or whereabouts until the sentencing almost a year later.

Censorship or Content Restrictions: Domestic journalists were not allowed to report on repression in Tibetan areas. Authorities promptly censored the postings of bloggers who did so, and the authors sometimes faced punishment.

Since the establishment of the CCP’s Central Leading Small Group for Internet Security and Informatization in 2014, the TAR Party Committee Information Office has further tightened the control of a full range of social media platforms. According to multiple contacts, security officials often cancelled WeChat accounts carrying “sensitive information,” such as discussions about Tibetan language education, and interrogated the account owners. Many sources also reported that it was almost impossible to register websites promoting Tibetan culture and language in the TAR.

The Chinese government continued to jam radio broadcasts of Voice of America and RFA’s Tibetan and Chinese-language services in some Tibetan areas as well as the Voice of Tibet, an independent radio station based in Norway. As part of a regular campaign cracking down on unauthorized radio and television channels, the TAR Department of Communications conducted an investigation in the Lhasa area in June and found zero “illegal radio programs.”

According to multiple sources, authorities in Qinghai Province confiscated or destroyed “illegal” satellite dishes in many Tibetan areas. In addition to maintaining strict censorship of print and online content in Tibetan areas, Chinese authorities sought to censor the expression of views or distribution of information related to Tibet in countries outside the PRC. In February the PRC ambassador to Bangladesh pressured organizers of the Dhaka Art Summit to remove an exhibit that displayed the handwritten final writings of five Tibetans who had self-immolated in protest of Chinese government repression.

National Security: In 2015 China enacted a new National Security Law that includes provisions regarding the management of ethnic minorities and religion. The PRC frequently blamed “hostile foreign forces” for creating instability in Tibetan areas and cited the need to protect “national security” and “fight against separatism” as justifications for its policies, including censorship policies, in Tibetan areas.

INTERNET FREEDOM

Authorities curtailed cell phone and Internet service in the TAR and other Tibetan areas, sometimes for weeks or even months at a time, during periods of unrest and political sensitivity, such as the March anniversaries of the 1959 and 2008 protests, “Serf Emancipation Day,” and around the Dalai Lama’s birthday in July. When Internet service was restored, authorities closely monitored the Internet throughout Tibetan areas. Reports of authorities searching cell phones they suspected of containing suspicious content were widespread. Many individuals in the TAR and other Tibetan areas reported receiving official warnings after using their cell phones to exchange what the government deemed to be sensitive information.

In February the head of the TAR Party Committee Internet Information Office asserted that “the Internet is the key ideological battlefield between the TAR Party Committee and the 14th Dalai (Lama) clique.”

In November the National People’s Congress Standing Committee passed a cybersecurity law that further strengthened the legal mechanisms available to security agencies to surveil and control content online. Some observers noted that provisions of the law, such as Article 12, could disproportionally affect Tibetans and other ethnic minorities. Article 12 criminalizes using the internet to commit a wide range of ill-defined crimes of a political nature, such as “harming national security,” “damaging national unity,” “propagating extremism,” “inciting ethnic hatred,” “disturbing social order,” and “harming the public interest.” The law also codifies the practice of large-scale internet network shutdowns in response to “major [public] security incidents,” which public security authorities in Tibetan areas have done for years without a clear basis in law. A work conference held in Lhasa on November 8 urged the TAR and other provinces with Tibetan areas to step up coordination in managing the internet.

Throughout the year, authorities blocked users in China from accessing foreign-based, Tibet-related websites critical of official government policy in Tibetan areas. Well-organized computer-hacking attacks originating from China harassed Tibet activists and organizations outside China.

ACADEMIC FREEDOM AND CULTURAL EVENTS

Authorities in many Tibetan areas required professors and students at institutions of higher education to attend regular political education sessions, particularly during politically sensitive months, in an effort to prevent “separatist” political and religious activities on campus. Authorities frequently encouraged Tibetan academics to participate in government propaganda efforts, such as making public speeches supporting government policies. Academics who refused to cooperate with such efforts faced diminished prospects for promotion.

Academics in the PRC who publicly criticized CCP policies on Tibetan affairs faced official reprisal. The government controlled curricula, texts, and other course materials as well as the publication of historically or politically sensitive academic books. Authorities frequently denied Tibetan academics permission to travel overseas for conferences and academic or cultural exchanges. Authorities in Tibetan areas regularly banned the sale and distribution of music they deemed to have sensitive political content.

In May senior officials of the state-run TAR Academy of Social Science encouraged scholars to maintain “a correct political and academic direction” and held a conference to “improve scholars’ political ideology” and “fight against separatists.”

Policies promoting planned urban economic growth, rapid infrastructure development, the influx of non-Tibetans to traditionally Tibetan areas, expansion of the tourism industry, forced resettlement of nomads and farmers, and the weakening of both Tibetan language education in public schools and religious education in monasteries continued to disrupt traditional living patterns and customs.

Tibetan and Mandarin Chinese are official languages in the TAR, and both languages appeared on some, but not all, public and commercial signs. Inside official buildings and businesses, including banks, post offices, and hospitals, signage in Tibetan was frequently lacking, and in many instances forms and documents were available only in Mandarin. Mandarin was used for most official communications and was the predominant language of instruction in public schools in many Tibetan areas. Private printing businesses in Chengdu needed special government approval to print in the Tibetan language.

A small number of public schools in the TAR continued to teach mathematics in the Tibetan language, but in June theTibet Postreported that TAR officials have replaced Tibetan language mathematics textbooks in all regional schools with Mandarin versions. Sources reported that WeChat users in the TAR discussing the issue were subsequently visited by public security officers and given warnings.

According to sources, there were previously 20 Tibetan language schools or workshops for local children operated by Tibetan Buddhist monasteries in Sichuan Province’s Kardze TAP. After the 2015 release of the Kardze TAP Relocation Regulation for Minors in Monasteries, authorities forced 15 of these schools to close and relocated their students to government-run schools.

The Kardze TAP has the highest illiteracy rate (above 30 percent) in Sichuan Province, compared with a national rate of 4 to 5 percent. Despite the illiteracy problem, in late April the central government ordered the destruction of much of Larung Gar, the largest Tibetan Buddhist education center, a focal point for promoting both Tibetan and Chinese literacy.

China’s Regional Ethnic Autonomy Law states that “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 media of instruction.” Despite guarantees of cultural and linguistic rights, many primary, middle, high school, and college students had limited access to Tibetan language instruction and textbooks, particularly in the areas of modern education.

China’s most prestigious universities provided no instruction in Tibetan or other ethnic minority languages, although classes teaching the Tibetan language were available at a small number of universities. “Nationalities” universities, established to serve ethnic minority students and ethnic Chinese students interested in ethnic minority subjects, offered Tibetan language instruction only in courses focused on the study of the Tibetan language or culture. Mandarin was used in courses for jobs that required technical skills and qualifications.

b. Freedom of Peaceful Assembly and Association

Even in areas officially designated as “autonomous,” Tibetans generally lacked the right to organize and play a meaningful role in the protection of their cultural heritage and unique natural environment. Tibetans often faced intimidation and arrest if they protested against policies or practices they found objectionable. A 2015 RFA report stated that authorities in Rebkong County in the Tibetan Region of Amdo, now administered under Qinghai Province, circulated a list of unlawful activities. The list included “illegal associations formed in the name of the Tibetan language, the environment, and education.” Sources in the area reported that this list remained in force and no new associations have been formed since the list was published.

In February 2015 public security officials in Chengdu, the capital of Sichuan Province, detained a group of Tibetans who were peacefully protesting the government’s seizure of land in Zoige County in the Tibetan Region of Amdo, now administered by Sichuan, outside a meeting of the Sichuan Provincial People’s Congress. In April four of these Tibetans were sentenced to prison terms of two to three years.

On June 23, a protest by Tibetans on Qinghai Lake over the demolition of unregistered restaurants and guest houses was violently dispersed by security forces, leading to the arrest of five demonstrators and the injury of at least eight others. Authorities decreed that these small businesses were illegal and needed to be torn down and that residents should leave the area, which was a popular tourist location. Local Tibetans likened it to a “land grab” meant to benefit ethnic Chinese at their expense.

At the Sixth Tibet Work Forum in August 2015, the CCP ordered a large-scale campaign to expel students and demolish living quarters at Larung Gar, the world’s largest center for the study of Tibetan Buddhism. The expulsion and demolition campaign commenced in July. According to a local CCP directive, authorities must reduce the resident population to no more than 5,000 by September 2017. Before the campaign began, the population at Larung Gar was estimated to range between 10,000 and 30,000. In July authorities banned foreign tourists from visiting the area.

In August authorities in the Kardze TAP in the Tibetan Region of Kham reportedly prevented Tibetans from holding a religious gathering and traditional horse race festival after Dargye Monastery, the organizer of the events, and local residents refused a government order to fly the PRC national flag at the two events, at the monastery, and from residents’ homes.

c. Freedom of Religion

See the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

Chinese law provides for freedom of internal movement, foreign travel, emigration, and repatriation; however, the government severely restricted travel and freedom of movement for Tibetans, particularly Tibetan Buddhist monks and nuns.

In-country Movement: Freedom of movement for all Tibetans, but particularly for monks and nuns, remained severely restricted throughout the TAR, as well as in other Tibetan areas. The PAP and local public security bureaus set up roadblocks and checkpoints on major roads, in cities, and on the outskirts of cities and monasteries, particularly around sensitive dates. Tibetans traveling in monastic attire were subject to extra scrutiny by police at roadside checkpoints and at airports.

Authorities sometimes banned Tibetans, particularly monks and nuns, from going outside the TAR and from traveling to the TAR without first obtaining special permission from multiple government offices. Many Tibetans reported encountering difficulties in obtaining the required permissions. This not only made it difficult for Tibetans to make pilgrimages to sacred religious sites in the TAR, but also obstructed land-based travel to India through Nepal. Tibetans from outside the TAR who traveled to Lhasa also reported that authorities there required them to surrender their national identification cards and notify authorities of their plans in detail on a daily basis. These requirements were not applied to ethnic Chinese visitors to the TAR.

Even outside the TAR, many Tibetan monks and nuns reported that it remained difficult to travel beyond their home monasteries for religious and traditional Tibetan education, with officials frequently denying permission for visiting monks to stay at a monastery for religious education. Implementation of this restriction was especially rigorous in the TAR, and it undermined the traditional Tibetan Buddhist practice of seeking advanced teachings from a select number of senior teachers based at major monasteries scattered across the Tibetan Plateau.

Foreign Travel: Many Tibetans continued to report difficulties in obtaining new or renewing existing passports. Sources reported that Tibetans and other minorities had to provide far more extensive documentation than other Chinese citizens when applying for a Chinese passport. In the TAR, a scholar needs to get about seven stamps with signatures from various government offices to apply for a passport, in addition to other standard required documentation. For Tibetans, the passport application process could take years and frequently ended in rejection. Some Tibetans reported they were able to obtain passports only after paying substantial bribes. Tibetans continued to encounter substantial difficulties and obstacles in traveling to India for religious, educational, and other purposes. Individuals also reported instances of local authorities revoking their passports after they had returned to China.

In November Chinese officials in the Tibetan Regions of Kham and Amdo under the administration of Qinghai, Sichuan, and Gansu Provinces visited the homes of Tibetan passport holders and confiscated their documents, according to an RFA report. Officials claimed the passports were collected in order to affix new seals on them, but Tibetans suspected the timing was intended to make it impossible for them to attend an important religious ceremony known as the Kalachakra, which the Dalai Lama planned to conduct in India in January 2017. Additional reports in December indicated that travel agencies in China were told explicitly by local authorities to cancel trips to India and Nepal during this same period. The apparent travel ban also reportedly extended to ethnic Chinese travelers. Tibetans who had traveled to Nepal and planned to continue on to India reported that Chinese officials visited their homes in Tibet and threatened their relatives if they did not return immediately. Sources reported that explicit punishments included placing family members on a blacklist, which could lead to the loss of a government job or difficulty in finding employment; expulsion of children from the public education system; and revocation of national identification cards, thereby preventing access to other social services, such as health care and government aid.

Tight border controls sharply limited the number of persons crossing the border into Nepal and India. In 2015, 89 Tibetan refugees transited Nepal through the Tibetan Reception Center, run by the Office of the UN High Commissioner for Refugees in Kathmandu, en route to permanent settlement in India. This compared with 80 in 2014, down from 171 in 2013 and 242 in 2012.

The government restricted the movement of Tibetans in the period before and during sensitive anniversaries and events and increased controls over border areas at these times. In February there were reports that travel agents in Chengdu were forbidden to sell package overseas tours to Tibetans for the months of March and July, the periods of time around Tibet Uprising Day (March 10) and the Dalai Lama’s birthday (July 6).

The government regulated travel by foreigners to the TAR, a restriction not applied to any other provincial-level entity in the PRC. In accordance with a 1989 regulation, foreign visitors had to first obtain an official confirmation letter issued by the TAR government before entering the TAR. Most tourists obtained such letters by booking tours through officially registered travel agencies. In the TAR, a government-designated tour guide had to accompany foreign tourists at all times. It was rare for foreigners to obtain permission to enter the TAR by road. In what has become an annual practice, authorities banned many foreign tourists from the TAR in the period before and during the March anniversary of the 1959 Tibetan uprising. Foreign tourists sometimes also faced restrictions traveling to Tibetan areas outside the TAR.

The decline in the number of foreign tourists to the TAR was more than offset by an increase in domestic ethnic Chinese visitors to the TAR. Unlike foreign tourists, Chinese tourists did not need special permits to visit the TAR.

Officials continued to tightly restrict the access of foreign diplomats and journalists to the TAR. Foreign officials were able to travel to the TAR only with the permission of the TAR Foreign Affairs Office, and even then only on closely chaperoned trips arranged by that office. With the exception of a few highly controlled trips, authorities repeatedly denied requests for international journalists to visit the TAR and other Tibetan areas (see section on Freedom of Speech and Press).

In SeptemberThe Washington Postreported that “the Tibet Autonomous Region, as China calls central Tibet, is harder to visit as a journalist than North Korea. There were only a handful of government tours organized for journalists in the past decade, all closely controlled.”

According to the law, Tibetans and other Chinese citizens have the right to vote in some local elections. In practice the Chinese government severely restricted its citizens’ ability to participate in any meaningful elections.

In 2015 RFA reported that security forces in Kyangchu Village in Qinghai Province detained nearly 70 Tibetans who had protested against local officials’ insistence that villagers vote for the local government’s preferred candidate in a village election. Sources reported that those detainees were subsequently released, but they were prohibited from voting in village elections.

Since 2015 the TAR and many Tibetan areas have reinforced implementation of the Regulation for Village Committee Management, which stipulates that the primary condition for participating in any local election is the “willingness to resolutely fight against separatism;” in some cases, this condition is interpreted to require candidates to denounce the Dalai Lama. Many villagers in Tibetan areas of Sichuan and Qinghai Provinces expressed frustration that the best candidates for village heads were unwilling to run under those conditions. According to many scholars, the regulation led to high turnover during the year: As a result, 90 percent of TAR township and village-level leaders as well as delegates to the local People’s Congress, were new; the same was true for 70 percent of those in Qinghai Province.

The law provides criminal penalties for corrupt acts by officials, but the government did not implement the law effectively in Tibetan areas, and officials often engaged in corrupt practices with impunity. There were numerous reports of government corruption in Tibetan areas during the year.

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, and related investigations and prosecutions proceeded slowly (see section 1.g.).

There was a reduction in violence due to progress in the peace process between the government and the FARC, including the implementation of a bilateral ceasefire August 29. The UN Office of the High Commissioner for Human Rights (OHCHR) 2015 annual report stated the peace negotiations “prevented many human rights violations.” During the year the Conflict Analysis Research Center (CERAC) reported levels of violence in the country fell to their lowest in 52 years in terms of the number of victims, combatants killed and injured, and the number of violent acts. According to CERAC, offensive actions against the FARC fell 98 percent, combat between the armed forces and the FARC dropped by 91 percent, overall civilian casualties fell by 98 percent, and overall combatant deaths dropped by 94 percent. The OHCHR and CERAC attributed these trends to confidence-building measures, such as the unilateral ceasefire by the FARC, and the high level of compliance with the bilateral ceasefire.

In February members of the army allegedly killed Gilberto de Jesus Quintero in the department of Antioquia. Security forces claimed that Quintero was a suspected member of the ELN, according to media. As of October 20, the government had failed to investigate the case.

From January 1 through July, the Attorney General’s Office registered 291 new cases of alleged aggravated homicides by state agents. During the same period, authorities formally accused 393 members of the security forces and arrested 445 for aggravated homicide or homicide of a civilian, 45 of them for crimes that occurred prior to 2015.

There were developments in efforts to hold officials accountable in false positive cases, in which thousands of civilians were allegedly killed and falsely presented as guerrilla combatants in the late 1990s to mid-2000s. In February Colonel Robinson Gonzalez del Rio, convicted and sentenced in 2015 to a total of 67 years in prison and a fine of more than 1.8 billion Colombian Pesos (COP) ($6 million) for the unlawful killing of 34 civilians presented as “false positives,” was sentenced to an additional 37 years and six months in prison for the deaths of Javier Moreno and Janio Sepulveda in 2007 in Caldas Department.

Investigations of generals allegedly implicated in false positive cases continued. In April 2015 the former attorney general stated publicly that his office was investigating 22 generals for alleged involvement in false positives cases. In August the Attorney General’s Office subsequently clarified that the number of investigations against generals (including retired generals) involving homicides was actually 15, rather than 22. As of August the Attorney General’s Office stated 12 cases involving generals were in the preliminary investigation phase, and investigations against three generals had been closed.

On March 28, the Attorney General’s Office announced General Henry William Torres Escalante and former army commander general Mario Montoya Uribe would be formally charged for their alleged connections to false positive cases. The attorney general found that General Torres Escalante was pivotal in the homicide of Daniel Torres Arciniegas and his son Roque Julio Torres, who were falsely presented as FARC members killed in combat in 2007. On March 28, authorities arrested Torres Escalante, which marked the first instance an active-duty general faced criminal charges related to the false positives scandal. He was called to trial in August.

General Montoya faced charges in connection with his alleged involvement in seven false positive cases and awaited arraignment as of mid-October. He was accused of supporting paramilitary groups and actions in operations such as Operation Orion, a 2002 military offensive against guerrillas in Medellin.

On June 1, Commander of the Armed Forces General Mejia and Minister of Defense Villegas publicly honored Sergeant Carlos Mora, a whistleblower in the false positives scandal. Mejia urged the army’s leadership to hold themselves and their units to the highest standards of transparency and to respect human rights and international humanitarian law.

The OHCHR reported it registered seven possible cases of “illegal deprivation of the right to life” alleged to have been committed by security force members from January 1 through July 31. In several cases military officials stated they believed an individual was fighting on behalf of the FARC, while community members claimed the victim was not a combatant. In other cases military officials stated the killings were military mistakes.

Human rights organizations, victims, and government investigators accused some members of government security forces, including enlisted personnel, noncommissioned officers, and officers, of collaborating with or tolerating the activities of organized criminal gangs, which included some former paramilitary members.

According to the Attorney General’s Office, during the year through September 30, authorities arrested and charged 24 government employees, including 23 members of the National Police, with having links to illegal armed groups, mainly the group known as Gulf Clan, previously known as Clan Usuga or the Gaitanista Self-Defense Forces of Colombia.

On January 17, in Caceres, Antioquia Department, Melisa Espitia Mazo, a pregnant 14-year-old, was killed during a military operation against criminal groups. The army recognized its responsibility in Espitia’s death and apologized for what it stated was a military error. The Antioquia branch of the Attorney General’s Office launched an investigation to clarify the circ*mstances of the death; as of October, there were no arrests or charges related to the case.

Investigations of past killings proceeded, albeit slowly. The Attorney General’s Office reported that during the year through July, it obtained 117 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), 161 new convictions in cases involving aggravated homicide, and 191 new convictions in cases involving “simple homicide” committed by security force members.

On March 16, two former paramilitary members, Dalson Lopez Simanca and Jose Luis Conrado Perez, were sentenced to 40 years’ imprisonment for their involvement in the 1995 El Aracatazzo massacre, in the municipality of Chigorodo, in which members of the military, along with members of paramilitary groups, allegedly tortured and killed 18 civilians.

On March 1, the Justice and Peace Tribunal, following an investigation begun in 2014, forwarded evidence to the Attorney General’s Office to initiate investigations against retired generals Oscar Botero Cardona and German Morantes Hernandez for human rights violations.

The Colombia-Europe-United States Coordination Group and other nongovernmental organizations (NGOs) considered organized criminal bands to be a continuation of former paramilitary groups and in some cases accused elements of the government of collaborating with those groups to commit human rights violations. The government acknowledged that some former paramilitary members were active in organized criminal gangs but noted the gangs lacked the national, unified command structure and explicit ideological agenda that defined past paramilitary groups, including the disbanded United Self-Defense Forces of Colombia (AUC). The NGOs also included killings by these groups in their definition of “unlawful killings” (see section 1.g.).

According to the NGO Landmine Monitor, nonstate actors, particularly the ELN, planted IEDs and land mines (see section 1.g.).

Guerrillas, notably the ELN, committed unlawful killings. Organized criminal groups (some of which included former members of paramilitary groups) committed numerous political and unlawful killings, primarily in areas under dispute with guerrillas or without a strong government presence (see section 1.g.).

The investigation into the killing in 2012 of land restitution leader Manuel Ruiz and his son, Samir, continued under the direction of the Office of the Attorney General’s National Directorate for Human Rights and International Humanitarian Law. On May 4, Manuel’s and Samir’s bodies were exhumed in coordination with the Justice and Peace Commission, international observers, and local leaders.

b. Disappearance

Forced disappearances, many of them politically motivated, continued to occur. Although the exact number of people disappeared remained unknown, there were at least 100,000 cases of disappearances during the half-century of conflict, according to the National Search Commission. From January 1 through the end of July, 48 victims of forced disappearances were found alive and 20 were found dead. The government did not provide information on the number of disappearances and forced disappearances registered.

The Attorney General’s Office did not provide information on the number of new convictions in forced disappearance cases involving members of the security forces.

There were developments in efforts to provide reparations to families of disappeared victims of the 1985 military occupation of the Justice Palace in Bogota. In October the Attorney General’s Office returned the remains of William Arturo Almonacid and Cristina del Pilar Guarin, two of the disappeared victims, to their families. The State Council ordered the Ministry of Defense to pay compensation to the family of disappeared victim Gloria Anzola de Lanao, in the amount of nearly COP 1.6 billion ($5,500,000). Lanao’s body remained missing.

As part of a peace process confidence-building measure, the FARC agreed in October 2015 to search for those missing in the conflict. The government agreed to accelerate the identification of anonymous victims killed in security operations and extrajudicial killings, and to turn over their remains to family members. The parties also agreed to create a new search unit for the missing, with support from the International Committee of the Red Cross (ICRC).

The ELN, organized criminal gangs, and common criminals continued to kidnap persons, both for ransom and for political reasons (see section 1.g.). On February 4, the ELN kidnapped Jair de Jesus Villar, a military official, at a power plant in Antioquia Department. Villar was released in March, along with civilian Ramon Jose Cabrales, who was kidnapped in September 2015. In April former representative Odin Sanchez offered himself as a hostage to the ELN in exchange for the release of his brother, former Choco governor Patrocino Sanchez, who had been in ELN custody since 2014; however, as of November 7, Sanchez remained in custody. Between May 21 and May 24, the ELN abducted three journalists in Catatumbo. They were released May 27.

The Unified Action Groups for Personal Liberty–military and police entities formed to combat kidnapping and extortion–and other security force elements freed 33 hostages in the first seven months of the year. The government reported that two kidnapping victims died in captivity during the year through July. During that period nine kidnapping victims escaped from their captors, and 70 were released by their captors.

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

Although the law prohibits such practices, there were reports that police, military personnel, and prison guards sometimes committed abuses. Members of the military and police accused of torture generally were tried in civilian rather than military courts. The NGO Center for Research and Education of the Populace (CINEP) reported that during the year through September 9, security forces were allegedly involved in 13 cases of torture.

From January through July, the Attorney General’s Office charged 25 members of the security forces (23 police and two military members) with torture; 14 of the cases occurred prior to 2016. The Attorney General’s Office reported 12 convictions of members of the armed forces and no convictions of members of illegal armed groups in cases of torture during the year through June.

CINEP reported criminal bands were responsible for eight documented cases of torture through September 9. In nine other documented cases, CINEP was not able to identify the party responsible for the abuses.

According to NGOs working with the prison community, there were numerous allegations of sexual and physical violence committed by guards and other inmates.

Prison and Detention Center Conditions

With the exception of new facilities, prisons and detention centers were overcrowded, lacked adequate sanitation, and provided poor health care and other basic facilities. Poor training of officials remained a problem throughout the prison system.

Physical Conditions: The national prisons had a design capacity of 78,055 prisoners but held 121,157 inmates (112,927 men and 8,230 women). Overcrowding existed in men’s as well as women’s prisons. The National Prison Institute (INPEC) operated the national prisons and oversaw the jails.

On August 23, the Constitutional Court ordered the Bogota Metropolitan Police to cease using buses, parks, and other public spaces as temporary detention centers. The court also ordered INPEC to treat inmates and detainees in a dignified manner.

The law prohibits holding pretrial detainees with convicted prisoners, although this sometimes occurred.

The Superior Judiciary Council stated that the maximum time that a person may remain in judicial detention facilities is three days. The same rules apply to jails located inside police stations. These regulations were often not carried out.

The practice of preventive detention, in combination with inefficiencies in the judicial system, continued to exacerbate overcrowding. In April the Constitutional Court ruled all suspects jailed longer than the legally allowed period without being tried should be released on July 7. In June Congress approved a provisional bill extending the legal time a crime suspect could be held in jail, preventing the release from prison of approximately 20,000 crime suspects.

The Inspector General’s Office continued to investigate allegations that some prison guards routinely used excessive force and treated inmates brutally. Through September it conducted 125 investigations, 71 of which concluded and 54 of which remained in the investigation phase.

Many prisoners continued to face difficulties receiving adequate medical care. Nutrition and water quality were deficient and contributed to the overall poor health of many inmates. Inmates claimed authorities routinely rationed water in many facilities. In May, INPEC and Justice Minister Jorge Londono declared an emergency in the country’s prisons due to the deterioration of health-care conditions. The ministry explained that the state of emergency would enable the implementation of an action plan to address deficiencies in health care for prisoners, to include the creation of health brigades and the prompt execution of maintenance projects related to health-care provision.

INPEC’s physical structures were in generally poor repair. The Inspector General’s Office noted some facilities had poor ventilation and overtaxed sanitary systems. Prisoners in some high-altitude facilities complained of inadequate blankets and clothing, while prisoners in tropical facilities complained that overcrowding and insufficient ventilation contributed to high temperatures in prison cells. Some prisoners slept on floors without mattresses, while others shared cots in overcrowded cells.

Administration: INPEC used a centrally managed electronic database with regular updates, and each prison also had its own local database. Foreign diplomatic observers, however, found that the information in both systems often was not well coordinated, resulting in delays in locating foreign detainees, especially dual nationals who had both Colombian and foreign citizenships.

Prisoners generally could submit complaints to judicial authorities, request investigations of inhuman conditions, and request that third parties from local NGOs or government entities, such as the Ombudsman’s Office, represent them in legal matters and aid them in seeking an investigation of prison conditions. Authorities investigated prisoner complaints of inhuman conditions, including complaints of prison guards soliciting bribes from inmates, but some prisoners asserted the investigations were slow and the results were not accessible to the public.

Independent Monitoring: The government permitted independent monitoring of prison conditions by local and international human rights groups that exercised a high degree of independence. INPEC required a three-day notice before granting consular access. Some NGOs complained that authorities, without adequate explanation, denied them access to visit prisoners.

Improvements: INPEC launched a new 2016 Anticorruption and Citizen Services Plan with the goal of creating a culture of legality and transparency and promoting new institutional practices, such as the concept of shared responsibility and self-regulation among public servants, citizens, and prison stakeholder groups. INPEC continued a campaign to raise awareness and strengthen a culture of human rights within the institution. Through August 12, a total of 221 prison officials received human rights training. The government also continued a pilot program with local universities and other organizations to provide distance learning for inmates. More than 1,000 inmates participated in the program through July.

d. Arbitrary Arrest or Detention

Although the law prohibits arbitrary arrest and detention, there were allegations that authorities detained citizens arbitrarily. CINEP reported 176 cases of arbitrary detention committed by state security forces during the year through September 9 (six committed by the attorney general’s Corps of Technical Investigators (CTI), 22 by the armed forces, and 148 by police).

ROLE OF THE POLICE AND SECURITY APPARATUS

The Colombian National Police (CNP) is responsible for internal law enforcement and is under the jurisdiction of the Ministry of Defense. The Migration Directorate, part of the Ministry of Foreign Affairs, is the immigration authority. The CNP shares law enforcement investigatory duties with the CTI. In addition to its responsibility to defend the country against external threats, the army shares limited responsibility for law enforcement and maintenance of order within the country. For example, military units sometimes provided logistical support and security for criminal investigators to collect evidence in high-conflict or remote areas. The government continued to expand education and training of the armed forces in human rights and international humanitarian law.

By law the Attorney General’s Office is the main entity responsible for investigating allegations of human rights abuses by security forces. Of these alleged abuses, extrajudicial killings were the highest profile and most controversial. The CTI, which consists of civilian authorities under the Attorney General’s Office, typically investigated deaths resulting from action by security forces when there were allegations of foul play. In some cases the first responders were CNP members, who then investigated the death. Some NGOs complained that military investigators, not members of the Attorney General’s Office, were sometimes the first responders in cases of deaths resulting from actions of security forces and might make decisions about possible foul play.

The government made improvements in investigating and trying abuses, but NGO claims continued of impunity for security force members. This was due in some cases to obstruction of justice, opacity in the process by which cases are investigated and prosecuted in the military justice system, and a lack of resources for investigations. Inadequate protection of witnesses and investigators, delay tactics by defense attorneys, the judiciary’s failure to exert appropriate controls over dockets and case progress, and inadequate coordination among government entities that sometimes allowed statutes of limitations to expire, resulting in a defendant’s release from jail before trial were also significant obstacles.

The military functions under both the old inquisitorial and a newer accusatory system. The military had not trained its criminal justice actors to operate under the accusatory system, which they were to begin to implement during the year. The military also had not developed an interinstitutional strategy for the recruiting, hiring, or training investigators, crime scene technicians, or forensic specialists, which is required under the accusatory system. As such, the military justice system did not exercise criminal investigative authority; all new criminal investigations duties are conducted by CNP judicial police investigators.

The Attorney General’s Office continued investigations into numerous generals and field-grade officers for involvement in alleged false positive cases and other abuses (see section 1.a.).

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Authorities must bring detained persons before a judge within 36 hours to determine the validity of the detention, bring formal charges within 30 days, and start a trial within 90 days of the initial detention. Bail is generally available except for serious accusations, such as murder, rebellion, or narcotics trafficking. Public defenders contracted by the Office of the Ombudsman assisted indigent defendants. Detainees received prompt access to legal counsel and family members as provided for by law. Authorities generally respected these rights.

Arbitrary Arrest: The law prohibits arbitrary arrest and detention; however, this requirement was not always respected. NGOs characterized some arrests as arbitrary detention: arrests allegedly based on tips from informants about persons linked to guerrilla activities, detentions by members of the security forces without a judicial order, detentions based on administrative authority, detentions during military operations or at roadblocks, large-scale detentions, and detentions of persons while they were “exercising their fundamental rights.”

Pretrial Detention: The judicial process moved slowly, and the civilian judicial system suffered from a significant backlog of cases, which led to large numbers of pretrial detainees. The failure of many local military commanders and jail supervisors to keep mandatory detention records or follow notification procedures made accounting for all detainees difficult. No information was available on the percent of detainees in pretrial detention or the average length of time detainees spent in pretrial detention. In some cases detainees were released without a trial because they already served more than one-third of the maximum sentence that corresponded to their charges.

Civil society groups complained that authorities subjected some community leaders to extended pretrial detention.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Article 30 of the constitution guarantees habeas corpus review for all detainees. Such reviews must be completed within 36 hours. In the case of an illegal deprivation of freedom or illegal detention, Article 90 of the constitution provides for the government to compensate the victim.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence. Much of the judicial system was overburdened and inefficient, and subornation and intimidation of judges, prosecutors, and witnesses hindered judicial functioning. The Attorney General’s Office had a witness protection program for criminal cases, but some of those who did not enter the program allegedly remained vulnerable to intimidation, and many refused to testify.

The military justice system may investigate and prosecute active-duty military and police personnel for crimes “related to acts of military service.” According to the Ministry of Defense, human rights abuses are not considered acts related to military service. The military penal code specifically excludes civilians from military jurisdiction, and civilian courts must try retired military and police personnel, but military courts are responsible for service-related acts committed prior to retirement.

According to domestic NGOs, more than 10 initiatives for military justice reform were presented in the previous five years, but few were enacted, due to removal from the legislative process because of procedural problems or rejection by the Constitutional Court. In 2015 the government dropped proposed jurisdictional adjustments from its proposed military justice reform legislation to address concerns that the legislation could lead to some human rights cases being heard by military courts. Despite explicit declarations from officials to the contrary, some NGOs remained concerned that military justice reform efforts may allow certain human rights cases to fall within the military justice system’s jurisdiction.

According to the Supreme Judicial Council, a body that settles jurisdictional questions between the military and civilian justice systems, from January 1 to July, authorities assigned to the civilian justice system 61 of 74 homicide cases reviewed for jurisdiction. During the same period, they assigned four cases to the military justice system. The magistrates abstained from ruling on the proper jurisdiction in the remaining nine cases, in which they determined that they either did not have enough information to rule or that a conflict of interest with the case prevented them from ruling.

The military penal code denies commanders the power to impose military justice discipline on, and extends legal protection to, service members who refuse to obey orders to commit human rights abuses. The army also has discretionary authority to dismiss personnel implicated in human rights abuses.

The Inspector General’s Office investigates allegations of misconduct by public employees, including members of government security forces. In addition to conducting its own investigations, the Inspector General’s Office referred all cases of human rights violations it received to the attorney general’s Human Rights Unit for separate criminal proceedings. As of July 31, the Inspector General’s Office opened 21 disciplinary processes against members of the armed forces and police for human rights offenses, resulting in 12 preliminary investigations and nine disciplinary investigations, to which 59 members of the army and one member of the National Police were linked. Additionally, the Office of Delegated Disciplinary Inspector General for the Armed Forces reported that through August, it initiated 13 disciplinary investigations for alleged offenses. Thirty-four individuals were linked to these cases.

TRIAL PROCEDURES

While the government began implementing an accusatory system of justice in 2008, the use of delay tactics by defense lawyers to slow or impede proceedings, prosecutors’ heavy caseloads, and other factors diminished the anticipated increased efficiencies and other benefits of adopting the adversarial model. Under the existing criminal procedure code, the prosecutor presents an accusation and evidence before an impartial judge at an oral, public trial. The defendant is presumed innocent until proven guilty beyond a reasonable doubt and has the right to confront the trial evidence and witnesses against him, present his own evidence, and communicate with an attorney of choice (or have one provided at public expense). Defendants have adequate time and facilities to prepare their defense and may access government-held evidence during the trial stage. Defendants are not compelled to testify or confess guilt and have the right to appeal their proceedings. Although defendants have the right to an interpreter, the court system lacked interpreters for less-commonly encountered languages. Crimes committed before 2008 are processed under the prior written inquisitorial system in which the prosecutor is an investigating magistrate who investigates, determines evidence, and makes a finding of guilt or innocence. In those cases the trial consists of the presentation of evidence and finding of guilt or innocence to a judge for ratification or rejection.

In the military justice system, military judges preside over courts-martial. Counsel may represent the accused and call witnesses, but most fact-finding takes place during the investigative stage. Military trial judges issue rulings within eight days of a court-martial hearing. Representatives of the civilian Inspector General’s Office are required to be present at courts-martial.

Criminal procedure within the military justice system includes elements of the inquisitorial and accusatory systems. Defendants are considered innocent until proven guilty and have the right to timely consultation with counsel. The law provides for the right to a fair trial, and an independent judiciary generally enforced this right.

POLITICAL PRISONERS AND DETAINEES

The government declared that it did not hold political prisoners. Authorities did hold some members of human rights advocacy groups on charges of conspiracy, rebellion, or terrorism, which the groups described as government harassment tactics against human rights advocates. The government did not provide information on the number of detainees in prisons, jails, or under house arrest who were accused or convicted of rebellion or aiding and abetting the insurgency. The government provided the ICRC regular access to these prisoners.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Citizens may sue a government agent or entity in the Administrative Court of Litigation for damages resulting from a human rights violation. Although critics complained of delays in the process, the court generally was considered impartial and effective. Cases involving violations of an individual’s human rights may be submitted through petitions by individuals or organizations to the Inter-American Commission of Human Rights, which in turn may submit the case to the Inter-American Court on Human Rights. The court may order civil remedies, including fair compensation to the individual injured.

PROPERTY RESTITUTION

The 2011 Victims’ and Land Restitution Law (Victims’ Law) continues to provide a legal basis for assistance and reparations to persons, including victims of the government, but the government admitted that the pace of restitution was slow. The Administrative Department for Social Prosperity (DPS) handles problems related to victims, poverty, consolidation, historical memory, and protection of children and adolescents. The Victims’ Unit of the DPS has the governmental lead on attention to victims. From 2011 through August 1, 2016, a total of 7,844,527 victims registered with the Victims’ Unit. Of these, 6,883,513 were victims of forced displacement, with 17,976 registered during the year through August 1. The government did not provide information on the number of those registered who received some form of assistance. There were 340 registered cases of collective reparations. Both individual and collective reparations are mandated by the Victims’ Law, however, the original budget for implementation of the law contemplated only 4.5 million victims. The Land Restitution Unit, a semiautonomous entity in the Ministry of Agriculture, is responsible for returning land to displaced victims of conflict. As of August 19, the government received 93,686 land restitution claims, of which more than 50,903 claims fell within the government’s target areas for restitution and went into active review. The government reported as of the same date, courts handed down 1,948 decisions on land restitution, corresponding to affirmative decisions in 3,980 cases with 23,085 beneficiaries. The Inspector General’s Office intervened to support land claimants in 679 cases through July, providing support in the administrative, judicial, and post-ruling phases in order to ensure the effective implementation of victims’ right to integral reparation.

Through July the Land Restitution Unit approved three requests for collective restitution of ethnic territories or individual restitution claims, corresponding to 130,972 acres benefitting 2,473 families and 12,365 persons. Of the 93,686 individual cases received through July, 2,888 belonged to individuals self-identified as Afro-Colombian, 1,624 to individuals self-identified as indigenous, and 638 to individuals self-identified as pertaining to other ethnic groups.

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

The law prohibits such actions, but there were allegations that the government failed to respect these prohibitions. Government authorities generally need a judicial order to intercept mail or e-mail, or monitor telephone conversations, including in prisons. Government intelligence agencies investigating terrorist organizations sometimes monitored telephone conversations without judicial authorization, but evidence obtained in such a manner may not be used in court.

During the year through July, the Attorney General’s Office initiated three new criminal investigations of government agents for illegal monitoring activities. During the year through September, the Inspector General’s Office reported it had not initiated any disciplinary investigations of public servants accused of illegal monitoring activities.

In February the Inspector General’s Office opened an investigation into journalist Vicky Davila’s accusations that police had been monitoring her communications, including trailing and wiretapping her and her reporting team, since 2014.

An investigation continued into abuses by the Army Intelligence Unit, known by its code name “Andromeda.”Semanamagazine alleged that the unit illegally wiretapped personal telephones of peace negotiators belonging to both the government and FARC negotiating teams. General Mauricio Forero, former head of the military’s intelligence center, left the army on April 1 for alleged connections to Andromeda. As of October he had not been charged or arrested in connection with these allegations.

On March 10, the Attorney General’s Office pressed charges against David Parra Amin, a police sergeant assigned to the Section of Criminal Investigations in Bogota, for his alleged role as the liaison between Andres Sepulveda, convicted in 2015 for tapping into communications of peace negotiating teams and government officials, and the Bogota Metropolitan Police.

On August 29, attorneys for Martha Ines Leal, former director of operations of the dismantled Administrative Department of Security (DAS); Jorge Lagos, former DAS intelligence director; and Fernando Tabares, former DAS counterintelligence director, submitted to the Inter-American Commission on Human Rights allegations that the Attorney General’s Office placed undue pressure on them in order to coerce them into testifying in the DAS illegal surveillance case. The DAS allegedly engaged in illegal surveillance of high court magistrates, journalists, human rights organizations and activists, opposition leaders, and the vice presidency.

In its annual report published in March, the OHCHR registered 80 complaints of illegal surveillance of human rights defenders and social activists in 2015. While statistics for 2016 were unavailable as of October, NGOs continued to accuse domestic intelligence or security entities of spying on lawyers and human rights defenders, threatening them, and breaking into their homes or offices to steal information.

The government continued to use voluntary civilian informants to identify terrorists, report terrorist activities, and gather information on criminal gangs. Some national and international human rights groups criticized this practice as subject to abuse and a threat to privacy and other civil liberties. The government maintained that the practice was in accordance with the “principle of solidarity” outlined in the constitution and that the Comptroller General’s Office strictly regulated payments to such informants.

Following the rejection of the initial accord between the government and the FARC in an October 2 plebiscite, the government, leaders of the plebiscite “No” campaign, and the FARC engaged in a national dialogue that led to a revised accord announced November 12. The government and the FARC signed the revised peace accord November 24, and the congress ratified the agreement November 30. President Santos and the FARC leadership announced December 1 was “D-Day,” triggering a 180-day deadline for the FARC to begin demobilization and disarmament in UN-monitored concentration zones throughout Colombia. A UN mission was monitoring, as of December 15, the bilateral ceasefire and cessation of hostilities the parties established August 29. The country’s internal armed conflict with the ELN, organized criminal groups, and narcotics traffickers continued. On May 30, the government announced an agenda for formal peace negotiations with the ELN. They had not yet begun as of the end of the year.

During the year reports of human rights abuses occurred in the context of the conflict and narcotics trafficking.

Guerrilla group members continued to demobilize on an individual basis. In the first eight months of the year, according to the Ministry of Defense, 559 members of guerrilla groups demobilized, reflecting a 32 percent reduction in FARC demobilizations but a 52 percent increase in ELN demobilizations over the same period in 2015 (375 from the FARC, 179 from the ELN, and five from other dissident groups). The Organization of American States verified all stages of demobilization and reintegration into society of former combatants from the guerrilla and former paramilitary groups.

Through August 22, the Human Rights Directorate of the Ministry of Defense, in conjunction with the ICRC, conducted 16 human rights training sessions for 980 ministry personnel. In September the International Defense Institute for Legal Studies conducted training for 25 military and police officials, as well as nonmilitary personnel, with the objective of strengthening the working relationships between unit leaders and their operational legal advisers.

Implementation of the 2005 Justice and Peace Law (JPL) continued. The Justice and Peace Unit in the Attorney General’s Office is responsible for the required investigation and prosecution of demobilized persons, and an interagency commission on justice and peace coordinates implementation. Participants in the justice and peace process may receive reduced sentences of five to eight years in prison if they comply with the terms of the JPL. Information provided in voluntary confessions as part of the JPL also initiated investigations of politicians, military members, major agricultural producers, and government officials’ past ties to paramilitary forces. Some of the investigations resulted in prosecutions and convictions.

As of June 2015, the government reported a total of 5,024 former paramilitary and guerrilla defendants participated in confession hearings. During these sessions the defendants confessed to 57,207 crimes, and information was obtained that resulted in the exhumation of 978 victims. As of the same date, 813 defendants were formally charged in presentations before the courts by the Office of the Attorney General’s Justice and Peace Unit. During 2015 through June, 1,106 defendants reached their eight-year maximum incarceration dates under the agreed arrangement, and authorities released 39 for reintegration into society. The Justice and Peace Unit moved to expel from the JPL process those defendants who do not fully comply by confessing crimes, turning over illegally acquired assets, and ceasing their criminal activity. Updated information for 2016 was not available by November.

Application of the JPL continued to face many challenges. Thousands of former paramilitary members remained in legal limbo due to resource and capacity constraints at the Attorney General’s Office. There was also little land or money confiscated from former paramilitary leaders to be used for required victim reparations.

The creation of a truth-seeking mechanism in Law 1424 of 2010 (the Legal Status for Former Combatants Law) requires demobilized paramilitary fighters who did not commit crimes against humanity to provide testimony on the actions and structures of illegal armed groups to the Center for Historical Memory as a requirement for being granted legal status and suspended sentences for lesser crimes. The law also provides for establishing and institutionalizing formal archives, creating a Center for Historical Memory for collecting oral testimony and material documentation concerning violations of international human rights norms and law, and constructing the National Museum of Memory in consultation with victims. In a report published in 2013, the Center for Historical Memory documented the killing of at least 220,000 citizens in the context of the armed conflict from 1958 to 2012, 80 percent of whom were unarmed civilians.

Civil society groups also accused all sides of the armed conflict of having engaged in activities that targeted noncombatant civilians, including women and children.

Killings: Security forces were implicated in alleged unlawful killings. CINEP reported there were 19 such killings during the year through September 9 (eight committed by police, five by the army, one by the navy, and five by INPEC).

Guerrilla groups and criminal organizations were also implicated in unlawful killings during the year, but precise numbers were not provided by the government. On August 26, media reported that ELN members in Barbacoas, Narino, killed Camilo Roberto Taicus Bisbucus, an indigenous member of the Awa community.

According to the human rights advocacy NGO Minga, no progress had been made in the 2008 Soacha extrajudicial killings scandal, and all five cases remained in the initial investigation stage at the Attorney General’s Office. The cases of three more victims were in the evidentiary stage, that of another victim was pending plea bargain agreements with four soldiers who accepted their responsibility in the crimes, and the cases of five additional victims were in final allegation hearings. As of August 29, there were no convictions.

Abductions: Criminal and illegal armed elements engaged in abductions. According to the NGO Fundacion Pais Libre, between January 1, 2015 and June 30, 2016, criminals and illegal armed groups kidnapped 320 persons, including 179 for extortion. Pais Libre also reported that authorities rescued 91 kidnapping victims; captors released 179, 20 were presumed to remain in captivity, three were released due to pressure by authorities, 22 escaped, and five died in captivity. ELN guerrillas continued to take hostages for ransom and for political reasons. The government reported that the ELN kidnapped 12 persons during the first seven months of the year. As of November 7, at least one civilian remained in ELN captivity.

The ICRC reported that from January 1 through November 16, it participated in 10 operations to release persons in the hands of nonstate actors, eight held by the ELN, and two held by the FARC.

Through July 21, the Attorney General’s Office reported one conviction for abductions committed by members of the FARC and no convictions for abductions committed by members of the ELN.

Physical Abuse, Punishment, and Torture: The Presidential Directorate for Comprehensive Action against Antipersonnel Mines (DAICMA) reported that antipersonnel mines and IEDs, deployed primarily by the FARC and the ELN, caused 11 deaths and 63 injuries from January 1 through the end of October, including four minors. Members of the Colombian military suffered the majority of injuries. During the year the Joint Improvised Threat Defeat Agency found that the FARC’s use of IEDs fell below the number of incidents attributed to the ELN. CERAC reported that as of July 19, 228 days had passed since the last land mine or unexploded ordinance incident involving the FARC.

The army’s humanitarian demining brigade cleared more than 18 acres, destroyed 49 IEDs, and destroyed two unexploded munitions through October 2016. Halo Trust continued to engage in demining activities, and from January 1 through July 28 cleared more than 44 acres, destroyed 176 land mines, and destroyed five unexploded munitions. In a pilot project in Santa Helena, where Norwegian People’s Aid (NPA) performed nontechnical studies and the army’s brigade performed land clearance, the organizations cleared more than five acres, destroyed 19 land mines, and destroyed one unexploded munition. In addition the four humanitarian demining NGOs accredited to operate in the country during the year began work in Vista Hermosa, Meta Department.

More broadly, during the year the government strengthened the oversight role of its civilian-led demining authority, DAICMA, and showcased a five-year strategy to become mine-free at the Forum of Experts in May. The plan includes targeting high-risk municipalities, establishing immediate action areas, and developing interagency rapid response teams to address the mine removal process. The army began establishing a 5,000-person Humanitarian Demining Brigade to deepen and focus military capacity for demining. In addition four NGOs supported humanitarian demining: Halo Trust, Handicap International, NPA, and the Colombian Campaign Against Mines.

There were numerous reports that ELN guerrillas mistreated civilians and prisoners, including injured and sick persons.

International organizations reported that systemic sexual violence against women and girls by some armed actors persisted (see section 6, Women). Human rights NGOs Sisma Mujer, Amnesty International, and others reported that sexual violence remained one of the main tools used by illegal armed groups to instill fear and force displacement. The government continued to employ an interagency investigative unit in Bogota, the Elite Sexual Assault Investigative Unit (GEDES), which was dedicated to the investigation of sexual assault cases (see section 6, Women).

Child Soldiers: The ELN routinely engaged in forced recruitment of persons under age 18. According to the United Nations, illegal armed groups killed or threatened children with death on suspicion of being informants for the military. The Colombian Family Welfare Institute (ICBF) estimated the average age of recruitment was 12 years. Having admitted to a practice of recruiting minors in the context of the peace talks, the FARC announced February 9 that it would stop recruiting all minors under the age of 18. On May 15, the government and the FARC issued a joint communique announcing the FARC would release all children under age 15 within its ranks and develop a process for the release of all minors under 18. On September 10, media reported the FARC released 13 minors to the ICRC.

The ICBF stated that it was impossible to know how many FARC child soldiers existed but reported that more than 6,027 children were demobilized from illegal armed groups between 1999 and July 2016. Of the children demobilized through July, 10 percent were of indigenous descent, and 7 percent were Afro-Colombian. During the year through July, 451 children were demobilized. The FARC and other illegal armed groups reportedly used children as combatants and recruiters of other children to act as spies, gather intelligence, cultivate narcotics, and provide logistical support. The children were also reportedly exploited in sex trafficking.

The ICBF provided demobilized children extensive assistance, including education, health care, and psychological support. The ICBF continued its educational outreach program, which included a component on prevention of forced recruitment by illegal armed groups. The program maintained teen and preteen clubs and other avenues for educational outreach in all departments of the country.

The Interagency Committee for the Prevention of the Recruitment and Use of Children by Illegal Armed Groups continued activities to prevent recruitment, use, and sexual violence against children. The committee supported cases in the Attorney General’s Office and constructed a communication strategy with a focus on the rights of children and guidelines for the prevention of sexual violence. The committee also formed immediate action teams in several departments. The Attorney General’s Office prioritized key cases for processing under the JPL. Cases in which former paramilitary forces were accused of recruiting child soldiers were included in the prioritized cases.

Under the criminal code, the penalty for leaders of armed groups who use child soldiers is six to 10 years’ imprisonment and a fine of 600 to 1,000 times the minimum wage.

International organizations continued to identify recruitment of indigenous youth by illegal armed groups as a serious concern.

Also see the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

Other Conflict-related Abuse: Guerrilla groups and organized criminal groups prevented or limited the delivery of food and medicines to towns and regions in contested drug-trafficking corridors, including efforts of international relief and humanitarian organizations. These actions strained local economies and increased forced displacement. The ELN bombed the Cano Limon-Covenas oil pipeline in Boyaca Department on February 9 and damaged infrastructure, including oil pipelines and energy transmission towers, on February 15. Oil spills resulting from these attacks on oil pipelines also resulted in substantial environmental damage, including harming fish and wildlife, and contaminating rivers and aqueducts carrying potable water. The ELN also held an armed strike in which they threatened anyone who went to work or left their homes in Arauca, Norte de Santander, Casanare, Boyaca, Choco, Cauca, and Bajo Cauca regions on February 14-17, and another in Arauca, Boyaca, Casanare, Santander, Norte de Santander, and Vichada Departments in September. ELN attacks on security forces, energy infrastructure, and civilians continued sporadically through May and June.

The Gulf Clan held an armed strike March 31 in Antioquia, Choco, Sucre, Cordoba, and Cesar Departments that paralyzed transportation and commerce, forced school closures, and led to violence, including the deaths of three police members and one army official.

Guerrillas routinely used civilians to shield combatant forces and forcibly displaced peasants to clear key drug and weapon transit routes in strategic zones. Guerrillas also imposed de facto blockades of communities in regions where they had significant influence. For example, international organizations reported many incidents in which illegal armed groups forcibly recruited indigenous persons or forced them to collaborate, restricted their freedom of movement, and blockaded their communities. The UN Permanent Forum on Indigenous Issues received reports of rape, forced recruitment, use of minors as informants, and other abuses in the context of conflict.

Organized criminal gangs, as well as illegal armed groups, such as ELN guerrillas, forcibly entered private homes, monitored private communications, and engaged in forced displacement and conscription. Organized criminal groups also continued to displace civilians residing along key drug and weapon transit corridors (see section 2.d.).

There were reports that the FARC, the ELN, and other armed actors engaged in the extraction of, and cross-border trade in, conflict minerals, which contributed to abuses by providing funding for weapons and by prompting rebels to displace residents forcibly in order to clear mining areas.

As a confidence-building measure for the peace process, the FARC announced on July 4 an immediate suspension of the levying of extortion “taxes” on civilians engaged in legal economic activity.

a. Freedom of Speech and Press

The law provides for freedom of speech and press, and the government generally respected these rights. Violence and harassment, as well as the criminalization of libel, inhibited freedom of the press, and the government frequently influenced the press, in part through its large advertising budgets. The independent media were active and expressed a wide variety of views without restriction.

Violence and Harassment: According to the domestic NGO Foundation for Press Freedom (FLIP), during the year through August 29, there were 144 incidents of violence and harassment against journalists, although FLIP noted many other incidents might have gone unreported in the most dangerous areas of the country. FLIP reported 52 threats, some aimed simultaneously at more than one journalist. FLIP also reported that one journalist was detained, 33 journalists were physically attacked, and 17 were stigmatized due to their work; however, no journalists had been killed as of September. According to FLIP, the government did not bring a single case to trial for violence against journalists, although investigations continued.

As of July the Human Rights Unit of the Attorney General’s Office was investigating 37 active cases of crimes against journalists and had convicted 43 persons for such crimes.

On May 21, the ELN kidnapped RCN journalists Salud Hernandez, Diego D’Pablos, and Carlos Melo. They were released on May 27.

The investigation into the case of journalist Flor Alba Nunez Vargas, shot and killed in 2015, proceeded despite some delays. The accused material author of the crime, Juan Camilo Ortiz, arrested in September 2015, remained in detention, while Ortiz’s alleged accomplice, Jaumeth Albeiro Florez, known by the alias “Chori,” remained at large. After the preliminary hearing was suspended three times, the prosecution in a September 2 preliminary hearing presented evidence against Ortiz, including 93 elements of proof and legal evidence. The preliminary hearing was suspended again and resumed September 19, according to media reports. Oral proceedings in the case were scheduled for November.

On May 10, the Attorney General’s Office called three former DAS employees–former DAS director in Antioquia Emiro Rojas Granados, existing CTI telematics director William Alberto Merchan, and former DAS intelligence group detective Juan Carlos Sastoque–to testify in the case regarding threats and harassment against journalist Claudia Julieta Duque.

In September the Council of the State, the highest court for legal processes involving the state, ruled the state was responsible for the death of Jaime Garzon, a journalist and satirist shot and killed by motorcycle gunmen in Bogota in 1999. The court sentenced the state, represented by the Ministry of Defense, the army, and the National Police, noting the responsibility of DAS agents. According to the Council of the State, Jose Miguel Narvaez, the former deputy director of intelligence of the DAS, and the former chief of intelligence of Brigade 13 of the army, colonel Jorge Eliecer Plazas Acevedo, carried out illegal wiretaps on Garzon and shared the information with the former commander of the AUC, Carlos Castano, to whom they suggested the murder. The court ordered the state to pay more than COP 700 million ($235,000) to Garzon’s family for damages. Plazas Acevedo and Narvaez were being prosecuted for the crime of aggravated homicide. There was only one conviction to date in Garzon’s murder; in 2004 Carlos Castano was convicted in absentia of being the mastermind of the murder, and sentenced to 38 years in prison.

As of July the National Protection Unit (NPU) provided protection services to 132 journalists. On September 23, the NPU presented a new Protocol for Attention to Cases of Journalists and/or Social Communicators, established with the stated goal of meeting the particular needs of this group and providing more robust risk studies.

Censorship or Content Restrictions: FLIP alleged that some journalists practiced self-censorship due to fear of being sued under libel laws or of being physically attacked, mostly by nongovernment actors. FLIP argued that the high degree of impunity for those who committed aggressions against journalists was also a factor.

Libel/Slander Laws: By law slander and libel are crimes. There is no specific legislation for slander against public officials. The government did not use prosecution to prevent media from criticizing government policies or public officials. Political candidates, businesspersons, and others, however, sued journalists for expressing their opinions, alleging defamation or libel. FLIP reported three new cases against journalists for libel or slander were filed from January 1 to August 26. FLIP also noted as of August 26, four cases of journalists being prosecuted for libel or slander continued from previous years.

Nongovernmental Impact: Members of illegal armed groups sought to inhibit freedom of expression by intimidating, threatening, kidnapping, and killing journalists. National and international NGOs reported that local media representatives regularly practiced self-censorship because of threats of violence from these groups.

In March a judge sentenced Mario Jaime Mejia to 28 years and Alejandro Cardenas to 11 years in prison for their roles in the aggravated kidnapping, torture, and rape of journalist Jineth Bedoya in 2000. In August the Superior Court of Bogota ruled that neither man was eligible for the alternative benefits provided by the Justice and Peace law because they lied about their participation in and knowledge of the facts in the case.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet and has no onerous legislation or policies censoring online content.

The investigation continued into past abuses by the Army Intelligence Unit known as “Andromeda” (see also section 1.f.).

The International Telecommunication Union estimated 53 percent of the population used the internet in 2015. In view of the general climate of violence and impunity, self-censorship occurred both online and offline, particularly within communities at risk in rural areas.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events. There was evidence, however, that guerrillas maintained a presence on many university campuses to generate political support for their respective causes and undermine support for their enemies through both violent and nonviolent means.

Organized criminal gangs and guerrilla groups killed, threatened, and displaced educators and their families for political and financial reasons, often because teachers represented the only government presence in the remote areas where the killings occurred.

According to the Colombian Federation of Educators, three educators were killed during the year through August 29. Threats and harassment caused many educators and students to adopt lower profiles and avoid discussing controversial topics.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

The law provides for the freedom of assembly, and the government generally respected this right.

FREEDOM OF ASSOCIATION

The law provides for the freedom of association, and the government generally respected this right. Freedom of association was limited by threats and acts of violence committed by illegal armed groups against NGOs, indigenous groups, and labor unions (see section 1.g.). Some NGOs alleged that riot police used excessive force to break up demonstrations. During a two-week national agrarian strike that began May 30 and concluded with the signing of an accord with the government June 12, local social and human rights organizations accused the armed forces and National Police Anti-Riot Squad of using excessive force and alleged that at least 179 demonstrators were injured and three killed. The government stated the protests had not remained peaceful and noted 54 members of the security forces were also injured.

Although the government does not prohibit membership in most political organizations, membership in organizations that engaged in rebellion against the government, espoused violence, or carried out acts of violence, such as the FARC, the ELN, and illegal armed groups, was illegal.

c. Freedom of Religion

See the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights, although there were exceptions. Military operations and armed conflict in certain rural areas restricted freedom of movement.

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

In-country Movement: There were no government restrictions on movement within the country. Organized criminal gangs and ELN guerrillas continued to establish illegal checkpoints on rural roads, particularly in the departments of Putumayo, Arauca, Antioquia, and Norte de Santander.

International organizations also reported that illegal armed groups confined rural communities through roadblocks, curfews, car bombs at egress routes, and IEDs in areas where narcotics cultivation and trafficking persisted. According to the UN Office for the Coordination of Humanitarian Affairs, monitoring in the departments where it operated, between January 2015 and August 15, 2016, more than 5.35 million persons faced mobility restrictions that limited their access to essential goods and services due to armed incidents, protests, and geographical factors. The departments most affected were Cordoba, Caqueta, Cauca, and Narino. Of the more than five million persons in those areas, 4.1 million suffered mobility restrictions due to events related to armed violence. The restrictions were generally limited in duration.

On April 1, the Gulf Clan illegal armed group conducted an armed strike in 36 municipalities, killing five persons, blocking five roads, and burning eight trucks. CERAC reported that while four of the killings targeted members of the CNP and army, the majority of the strike activities targeted the civilian population.

Exile: The law prohibits forced exile, and the government did not employ it. Historically, many persons went into self-imposed exile because of threats from organized criminal gangs and FARC and ELN guerrillas.

INTERNALLY DISPLACED PERSONS

The armed conflict, especially in remote areas, was the major cause of internal displacement. The government, international organizations, and civil society identified various factors driving displacement, including threats, extortion, and physical, psychological, and sexual violence by illegal armed groups against civilian populations, particularly women and girls. Competition and armed confrontation between and within illegal armed groups for resources and territorial control and confrontations between security forces, guerrillas, and organized criminal gangs, and forced recruitment of children or threats of forced recruitment were also drivers of displacement. Some NGOs asserted that counternarcotics efforts, illegal mining, and large-scale commercial ventures in rural areas also contributed to displacement.

The NGO Consultancy for Human Rights and Displacement (CODHES) reported 8,669 persons displaced in mass displacement events (displacement of 50 or more persons) from January through August and indicated the departments with the highest numbers of IDPs from mass displacements in the year were Choco (5,407 displacements), Antioquia (1,250 displacements), Norte de Santander (923 displacements), and Narino (347 displacements). CODHES also reported that eight land-rights leaders were killed from January 1 through August, one land-rights claimant and two employees of the land restitution unit were killed, 10 land rights leaders received individual or collective threats, and eight members of a land rights and human rights organizations were threatened.

As of July the NPU was providing protection services to 300 land restitution leaders.

As of August 1, the government reported the Victims’ Unit listed 6,883,513 displaced in the Single Victims Registry, with registrants dating back since 1985. Of those, 17,976 were due to displacements that occurred during the year. Victims’ Unit statistics showed that new displacements occurred primarily in areas where narcotics cultivation and trafficking persisted, especially where guerrilla groups and organized criminal gangs were present.

The Victims’ Unit maintained the Single Victims Registry as mandated by law. Despite improvements in the government registration system, IDPs experienced delays in receiving responses to their displacement claims because of a large backlog of claims built up during several months. International organizations and NGOs remained concerned about the slow and insufficient institutional response to displacement. Government policy provides for an appeals process in the case of refusals.

The ELN and organized criminal gangs continued to use force, intimidation, and disinformation to discourage IDPs from registering with the government. Guerrilla agents sometimes forced local leaders and community members to demonstrate against government efforts to eradicate illicit crops and forced communities to displace as a form of coerced protest against eradication. International organizations and civil society expressed concern over urban displacement caused by violence stemming from territorial disputes between criminal gangs, some of which had links to larger criminal and narcotics trafficking groups.

The Victims’ Unit cited extortion, recruitment by illegal armed groups, homicides, and physical and sexual violence as the primary causes of intra-urban displacement. The ICRC and UNHCR reported that in some departments displacement disproportionately affected indigenous and Afro-Colombian groups. Through August 1, the government registered 171,634 IDPs (including those displaced during years before 2014) who identified themselves as indigenous and 698,642 who identified themselves as Afro-Colombian. Of those displaced in 2016, 1,025 persons self-identified as indigenous and 2,869 self-identified as Afro-Colombian.

The National Indigenous Organization of Colombia estimated the number of displaced indigenous persons to be much higher than indicated by government reports, since many indigenous persons did not have adequate access to registration locations due to geographic remoteness, language barriers, or unfamiliarity with the national registration system.

The local NGO Association of Internally Displaced Afro-Colombians (AFRODES) stated that threats and violence against Afro-Colombian leaders and communities continued to cause high levels of forced displacement, especially in the Pacific Coast region. AFRODES and other local NGOs repeatedly expressed concern that large-scale economic projects, such as agriculture and mining, contributed to displacement in their communities.

Fifty-two government agencies are responsible by law for assisting registered IDPs. International organizations and NGOs maintained that the quality of programs providing emergency assistance, housing, and income generation need strengthening. Emergency response capacity at the local level was weak, and IDPs continued to experience prolonged periods of vulnerability while waiting for assistance.

A specialized unit of the Attorney General’s Office–established through an agreement with the government’s former social agency, Social Action (which the DPS replaced), the Attorney General’s Office, and the CNP–investigated and prosecuted cases of forced displacement and disappearances.

Dozens of international organizations, international NGOs, and domestic nonprofit groups, including UNHCR, the International Organization for Migration, the World Food Program, the ICRC, and the Colombian Red Cross, coordinated with the government to provide emergency relief and long-term assistance to displaced populations.

The Victims’ Unit and other government agencies improved their response to mass displacement events throughout the year and were assisted by international organizations such as UNHCR and the ICRC. International organizations and civil society reported that a continuing lack of local capacity to accept registrations in high-displacement areas often delayed by several weeks or months assistance to persons displaced individually or in smaller groups. Humanitarian organizations attributed the delays to a variety of factors, including the lack of personnel, funding, declaration forms, and training. Intense fighting and insecurity in conflict zones, including areas in the departments of Antioquia, Cauca, Choco, and Narino, sometimes delayed national and international aid organizations from reaching newly displaced populations.

Despite several government initiatives to enhance IDP access to services and awareness of their rights, in many parts of the country, municipalities did not have the resources or capacity to respond to new displacements and provide humanitarian assistance to IDPs. Local elections in October 2015 resulted in new mayors and municipal officials, many of whom were inexperienced in displacement issues. Many IDPs continued to live in poverty in unhygienic conditions and with limited access to health care, education, and employment.

Displaced persons also sought protection across international borders due to the internal armed conflict. UNHCR stated that Colombia was the country of origin for 360,000 refugees and persons in a refugee-like situation, the majority in Ecuador, Venezuela, Costa Rica, and Panama. UNHCR estimated that between 400 and 500 Colombians crossed into Ecuador every month. The governments of Colombia and Ecuador continued to meet throughout the year regarding the situation of Colombian refugees in Ecuador, and the Colombian government offered a program to assist Colombian refugees in Ecuador who returned to Colombia.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. According to the government, it approved 77 of the 1,263 applications for refugee status received since 2009. Between January 1 and August 19, the government reported it received 334 new applications for refugee status, of which it approved eight and rejected 55. As of August 19, the government reported it had not received any complaints of discrimination against the civil rights of refugees.

The government reported a continuing rise in the smuggling of migrants from outside the region through Colombia en route to the United States and Canada. According to UNHCR and Colombian migration officials, most of the undocumented migrants were Cubans and Haitians, followed by Africans and Asians, and most entered through Ecuador, Venezuela, and Brazil. While the government generally provided access to the asylum process for such persons who requested international protection, many abandoned their applications and continued on the migration route.

The law provides citizens the ability to choose their government through free and fair periodic elections held by secret ballot and based on nearly universal suffrage. Active-duty members of the armed forces and police may neither vote nor participate in the political process. Civilian public employees are eligible to vote, although they may participate in partisan politics only during the four months immediately preceding a national election.

As part of the peace accord announced on August 24, the government and the FARC agreed to take steps formally to register former FARC members as a political party or political movement after the FARC fully disarm. These features were maintained in the revised accord announced November 12 and approved by the Colombian congress November 30. The revised accord included guaranteed seats for FARC representatives in the Senate and House of Representatives in the 2018 and 2022 elections. It also included security guarantees for the new political party or political movement, guaranteed state financing for the new party or movement’s 2018 and 2022 Senate and presidential campaigns, and guarantees regarding access to media under the same conditions as other political parties and movements.

Elections and Political Participation

Recent Elections: In 2015 the country held departmental and local elections, involving 110,000 candidates running to be one of the country’s 32 governors, 1,100 mayors, and more than 12,000 local council-seat holders. According to the NGO Foundation of Peace and Reconciliation, during the election period, seven candidates were killed, four were attacked, and 28 were threatened. In October the country voted in a national plebiscite on the peace accord announced by the government and FARC in a contest both the Foundation of Peace and Reconciliation and the Electoral Observation Mission (MOE) reported was generally free, fair, and violence free.

According to MOE, electoral fraud remained a serious concern. The NGO reported that parties paid voters to register and vote in municipalities in which they were not resident. In advance of the 2015 elections, NGOs estimated this occurred in more than 600 municipalities. According to the Foundation of Peace and Reconciliation, the areas with the highest proportion of irregular voters were the departments of Boyaca, Antioquia, Cundinamarca, Narino, and Bolivar. The government continued the use of a new finance tool to provide transparency of campaign funds, disqualified candidates with pending criminal investigations, and canceled the national identification cards of voters who could not demonstrate residence or employment in the municipality where they were registered to vote. The Foundation of Peace and Reconciliation claimed 11 parties’ rosters for elections included candidates with financial ties to illegal groups.

Former La Guajira governor Juan Francisco “Kiko” Gomez Cerchar was tried for his alleged involvement in death threats made in 2014 against four persons investigating political party corruption and ties to illegal armed groups, for links to former paramilitary groups, and for involvement in various killings. On November 17, he was convicted of crimes including aggravated homicide, attempted murder, and trafficking of weapons in connection with the killings of political leader Yandra Brito, her husband Henry Ustariz, and driver Wilfredo Fonseca.

Political Parties and Political Participation: Organized criminal gangs and the ELN threatened and killed government officials (see section 1.g.). Some local officials resigned because of threats from the FARC. As of August 22, the NPU, under the Ministry of Interior, provided protection to 282 mayors, 22 governors, and 2,581 other persons, including members of departmental assemblies, council members, judges, municipal human rights officers, and other officials related to national human rights policies. By decree the CNP’s protection program and the NPU assume shared responsibility for protecting municipal and district mayors.

Participation of Women and Minorities: No laws limit participation of women and members of minorities in the political process, and they did participate. During the 2014 legislative elections, two persons who were allegedly not of Afro-Colombian descent, Maria del Socorro Bustamante and Moises Orozco Vicuna, were elected to the two seats in the House of Representatives reserved for representatives of Afro-Colombian communities. Legal challenges following the election kept the individuals from assuming their seats. One of the candidates, Bustamante, died of natural causes in 2015. In October the Superior Court of Cundinamarca validated the appointment of Heriberto Arrechea to fill Orozco Vicuna’s seat.

The number of women elected to public office increased in general in the October 2015 elections, according to UN Women’s 2014-15 report. As a result of the elections, the percentage of women holding local public office rose from 13 percent to 15.5 percent. Five of 32 elected governors and 133 of 1,109 mayors were women. Additionally, women constitute 20 percent of the House of Representatives and 23 percent of the Senate, compared with 12.7 percent of the House and 16.7 percent of the Senate in 2010. In the plenary chamber of the Supreme Court of Justice, three of the 22 justices were women.

The law provides criminal penalties for official corruption, and the government generally implemented these laws effectively, although officials sometimes engaged in corrupt practices without punishment. The World Bank’s worldwide governance indicators reflected that government corruption was a serious problem. Revenues from transnational organized crime, including drug trafficking, exacerbated corruption.

Corruption: In January media reported 12 persons were arrested for alleged corruption related to ICBF contracts, including the former ICBF regional director in Barranquilla Department and an active CNP officer. According to media reporting, an estimated COP 1.755 trillion ($600 million) was embezzled. Additionally, two ICBF officials were arrested in August for their alleged involvement in a corruption scandal related to contracts worth millions of dollars for the care of minors and pregnant women within the ICBF’s “Cero a Siempre” strategy. The two officials faced charges for crimes, including embezzlement, procedural fraud, forgery of private documents, falsifying a public document, and malfeasance.

A special investigative unit of the Supreme Court of Justice, charged with investigating members of congress and senior government officials, reported that since January 1, it opened one investigation against a former senator; the investigation. During the same period, the unit opened 59 investigations against former governors and 28 against sitting governors but won no convictions in the cases.

The Attorney General’s Office reported that for the year through September, it had investigated 19 attorneys, one comptroller, and 16 other senior government officials. In addition, as of August 25, the Attorney General’s Office was investigating 75 cases of corruption, of which 71 were in the preliminary investigation phase and four had been brought to trial.

Financial Disclosure: By law public officials must file annual financial disclosure forms with the tax authority. The information is not made public. The law states that persons who intend to hold public office or work as contractors for the government for more than three months shall submit a statement of assets and income, as well as information on their private economic activity. The Administrative Department of Public Service is in charge of preparing the required forms, and the human resources chief in each entity is responsible for verifying the information submitted. Congress maintained a website on which members could voluntarily post their financial information.

Public Access to Information: The law provides for public access to government information, and the government generally provided this access. There were reports that some low-level officials insisted on bribes to expedite access to information.

A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Although the government and local human rights groups often differed in their evaluations and analyses of the human rights situation, government officials were typically cooperative and willing to listen to the groups’ concerns.

International NGOs and institutions warned of possible increased violence against civil society leaders and human rights defenders and its potential to undermine peace accord implementation. According to the NGO Somos Defensores (We Are Defenders), 35 human rights activists were killed and 279 threatened, arbitrarily detained, robbed, or disappeared during the first half of the year. Of the killings, 85 percent were committed by hired killers, while 84 percent of the threats were attributable to former paramilitary groups and 13 percent to organized crime, with the rest unknown. Somos Defensores reported that the departments most affected by the attacks were Cauca, Antioquia, Valle de Cauca, Norte de Santander, and Cundinamarca.

The minister of interior continued to make public statements in support of human rights defenders and called on the Attorney General’s Office to investigate crimes committed against them. In 2015 the Attorney General’s Office issued Resolutions 249 and 1783 to investigate cybercrimes, threats, and violence committed against human rights defenders.

Somos Defensores reported that in the cases of human rights defenders killed in 2015 and the first six months of 2016, eight cases were in the sentencing stage and eight were in the trial stage as of June.

Several NGOs reported receiving threats in the form of e-mails, 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.

Through July 31, the Attorney General’s Office reported 663 active investigations and no convictions in cases of threats against human rights defenders.

As of June the NPU’s protection program provided protection to a total of 6,198 individuals. Among the NPU’s protected persons were 478 human rights activists.

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. Ombudsman Jorge Armando Otalora resigned on January 27 due to labor and sexual harassment allegations. The new ombudsman, Carlos Alfonso Negret Mosquera, was elected on August 16 for the period of September 2016 through August 2020. According to human rights groups, underfunding of the Ombudsman’s Office limited its ability to monitor violations effectively. Members of the ombudsman’s regional offices reported threats from illegal armed groups through pamphlets, e-mails, and violent actions.

The National System for Human Rights and International Humanitarian Law–led by a commission of 11 senior government officials coordinates and the vice president–designs, implements, and evaluates the government’s human rights and international humanitarian law policies. 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. The program publishes regional, national, and thematic reports on human rights topics. The program continued to host public forums with civil society groups, local and national government groups, and the international community. The program continued to advocate for implementation of the public policy recommendations from 32 regional forums conducted in 2012 and 2013.

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

Women

Rape and Domestic Violence: Although prohibited by law, rape, 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 and denies probation or bail to offenders who disobey restraining orders. By law femicide is punishable with penalties of 21 to 50 years in prison, without the possibility of suspensions or reductions, and longer than the minimum sentence of 13 years for homicide. Femicide is defined as the killing of a woman either for being a woman, because of her gender identity, or as a part of a cycle of sexual, physical, or psychological violence.

There was no comprehensive or consolidated database on the incidence of sexual violence, but NGO groups claimed that rape continued to be underreported. The Attorney General’s Office indicated that many cases went unreported. Members of illegal groups, including former paramilitary members, and guerrillas also continued to rape and abuse women and children sexually.

Prosecution rates for rape continued to be low. Women’s groups, such as Sisma Mujer, assessed the extent of rape and domestic violence to be widespread and the law enforcement response to be generally ineffective. The Attorney General’s Office had teams in each of its 35 regional directorates that specialize in providing technical assistance and other support in cases of sexual violence, including sexual violence within the context of the internal armed conflict. The government continued to employ the GEDES interagency unit in Bogota, which is dedicated to the investigation of sexual assault cases. The unit uses a multidisciplinary task force approach that includes prosecutors, investigators, and forensic specialists from the CNP and the Attorney General’s Office, working together under a common investigative and prosecutorial model. Through the end of August, the Attorney General’s Office opened 21,848 investigations for sexual abuses. The Attorney General’s Office reported that between January and the end of July, there were 56 new convictions obtained for sexual abuse, including sexual assault, with 12,841 more cases in the trial stage. In addition, during the year through July, the Inspector General’s Office reported no open disciplinary investigations into members of the security forces for sex crimes.

Through July the Attorney General’s Office reported 62,186 new investigations had been opened for cases of domestic violence. Of the victims, 53,596 of the victims were women, and 2,607 of the cases involved minors.

The law allows authorities to prosecute domestic violence offenders when the victim does not testify, if there is another witness. Judicial authorities may remove an abuser from a household and require the abuser to undergo therapy. The law provides for both fines and prison time if an abuser causes grave harm or the abuse is recurrent, but authorities reportedly did not impose fines.

The law requires the government to provide victims of domestic violence immediate protection from further physical or psychological abuse. The ICBF provided safe houses and counseling for some women and children who were victims of domestic violence, but its services could not meet total demand. In addition to fulfilling traditional family counseling functions, the ICBF family ombudsmen handled domestic violence cases.

The Ministry of Defense continued implementing its protocol for managing cases of sexual violence and harassment involving members of the military.

The law augments both jail time and fines if the crime causes “transitory or permanent physical disfigurement,” such as acid attacks, in which an attacker throws acid onto the victim’s face. A law passed on January 6 defines acid attacks as a specific crime, punishing the possession, manufacturing, and trafficking of dangerous substances with prison sentences of 12.5 to 40 years and a wage-based fine. The law also stipulates that the National Institute of Legal Medicine must provide hospitals with training on care for acid-attack victims. In Bogota on August 9, Maria Helena Pena, a 50-year-old female acid-attack victim, had only 5 percent of her face damaged because of the quick action of informed neighbors and hospital workers. In 2014, also in Bogota, Natalia Ponce de Leon was the victim of an acid attack that caused serious burns to her face and body. In August the courts upheld her attacker’s conviction and sentence of 20-25 years in prison and rejected the attacker’s insanity defense.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C, but isolated incidents were reported in several indigenous communities. No accurate statistics existed regarding the practice, which generally includes types I and IV, according to the World Health Organization’s classification system.

Government efforts to prevent FGM/C included achieving in 2011 a continuing commitment from the sizable Embera-Chami indigenous group to renounce the practice. The tribe’s commitment continued, but on March 3, according to media reports, two indigenous children, each under one month old, of the Embera-Chami community of Antioquia died after an ablation surgery.

The UN Population Fund continued to support a consulting project on FGM/C with indigenous peoples. The project’s goal is to eradicate practices harmful to the life and health of indigenous girls and women nationwide, with an emphasis on the departments of Risaralda and Choco.

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. Nonetheless, NGOs reported that sexual harassment remained a pervasive and underreported problem. No information was available as to whether the government implemented the law effectively.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, and violence.

During the year there were reports of forced abortions. Through July 31, the Attorney General’s Office reported it opened 20 investigations related to cases of forced abortion, 18 of which had occurred during the year.

Discrimination: Although women enjoy the same legal rights as men, serious discrimination against women persisted (see section 7.d.).

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. The policy includes directives for affording women access to economic autonomy, decision-making positions, health and reproductive rights, and a life free of violence, as well as incorporating a gender focus into education.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory. 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 6,024 cases of child abuse and 5,643 cases of sexual abuse against children during the year through July 31. Through July 30, ICBF reported it provided assistance, including legal and psychological support, to 5,885 minors who were victims of sexual violence, including cases of sexual exploitation. The Attorney General’s Office reported that 91 percent of the investigations it opened during the year involving sexual abuse of minors involved children under age 14 (the minimum age of consent).

A two-year investigation carried out by the Attorney General’s Office and concluded during the year documented 214 cases of girls who were subjected to rape, forced sterilization, forced abortion, and other forms of sexual violence by the FARC. According to then acting attorney general Perdomo, the results revealed the FARC instituted a policy of sexual violence against women at least since 1997.

Early and Forced Marriage: Marriage is legal at age 18. Boys older than 14 and girls more than 12 may marry with the consent of their parents.

Female Genital Mutilation/Cutting (FGM/C): See information for girls under 18 in women’s section above.

Sexual Exploitation of Children: Sexual exploitation of children remained a problem. The law defines demand for the sexual exploitation of a minor as “directly or through a third party requesting or demanding performance of carnal or sexual acts with a person under 18 years of age, through payment or promise of payment in cash, kind, or compensation of any nature.” Sexual exploitation of a minor or facilitating the sexual exploitation of a minor carries 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 p*rnography using children under 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 under 14 ranges from nine to 13 years in prison. According to the ICBF, during the year through July 31, there were 206 reported cases of commercial sexual exploitation of children.

Since 2009 the NGO Renacer Foundation certified 278 tourism-related businesses as committed to the fight against the sexual exploitation of children and adolescents. In cooperation with the government, Renacer trained 18,426 employees of these businesses in how to identify and fight sexual exploitation.

Displaced Children: The NGO Consultancy for Human Rights and Displacement estimated that 31 percent of persons registered as displaced since 1985 were minors at the time they were displaced (see also section 2.d., IDPs).

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. For information see the Department of State’sAnnual Report on International Parental Child Abductionattravel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

The Jewish community, which had an estimated 4,200 members, reported instances of anti-Israel rhetoric that emerged around events in the Middle East and were accompanied by anti-Semitic graffiti near synagogues and demonstrations in front of the Israeli Embassy that were sometimes accompanied by anti-Semitic comments on social media.

Trafficking in Persons

See the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with physical and mental disabilities but not sensory or intellectual disabilities in employment, education, access to public buildings, air travel and other transportation, access to health care, the judicial system, or the provision of other government services. There is no law mandating access to information and telecommunications for persons with disabilities. A 2015 law strengthened penalties for discrimination against persons with disabilities, race, ethnicity, religion, nationality, political or philosophical ideology, sex or sexual orientation, and other grounds. It punishes those who arbitrarily prevent, obstruct, or restrict the full exercise of the rights of persons with disabilities or harass 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. Somos Defensores and other NGOs claimed these laws were 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. Advocates also noted that children with disabilities were more vulnerable to sexual and other forms of abuse and that citizens with disabilities were hampered in their ability to vote and participate in civic affairs due to lack of adequate transportation or adequate access to voting facilities in numerous locations throughout the country. Persons with disabilities were unemployed at a much higher rate than the general population (see section 7.d.).

Forced surgical sterilization of children with cognitive and psychosocial disabilities in certain cases is legal.

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.” No information was available on how many public offices and facilities complied with the order and undertook accessibility reconstruction projects during the year.

National/Racial/Ethnic Minorities

According to the most recent (2005) national census, 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. NGO Afro-Colombian Solidarity Network reported 32 percent of Choco’s residents lived in extreme poverty. Choco continued to experience the lowest per capita level of social investment; ranked last among departments in terms of infrastructure, education, and health; and experienced the highest rate of income inequality in the country.

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 government’s National Development Plan 2014-18 stipulates that the budgetary resources allocated to Afro-Colombian, Palenquera, and Raizal populations be no less than what was assigned in the 2010-14 period. The government’s Observatory against Racism and Discrimination continued to monitor the use of specialized approaches in public policies for ethnic minorities, to conduct studies on racism and discrimination, and to make recommendations to other public entities regarding the promotion of equal opportunities. The Ministry of Interior continued to provide technical advice and funding for productive and self-sustaining projects presented by Afro-Colombian communities. The government also continued a working committee on problems of Afro-descendants with other members of the Andean Community of Nations and maintained a binational ethnic affairs committee with Ecuador.

The National Autonomous Congress of Afro-Colombian Community Councils and Ethnic Organizations for Blacks, Afro-Colombians, Raizales, and Palenqueras, consisting of 108 representatives, continued to meet with government representatives on problems that affected their communities. Some Afro-Colombian communities, however, complained that those elected to the National Autonomous Congress did not represent their interests.

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 722 reservations, accounting for approximately 28 percent of the country’s territory, with officials selected according to indigenous traditions. Many indigenous communities, however, had no legal title to the lands they claimed, and 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 that they were not able to participate adequately in decisions affecting their lands. Indigenous leaders complained of the occasional presence of government security forces on indigenous reservations and asked that the government consult with indigenous authorities prior to taking military action against illegal armed groups operating in or around such areas and before building roads or other public works on or near 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. The law permits the presence of government security forces on indigenous lands, but defense ministry directives instruct security forces to respect the integrity of indigenous communities, particularly during military and police operations.

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. Indigenous women faced triple discrimination on the basis of gender, ethnicity, and lower economic status. As of the end of July, the Attorney General’s Office reported there were 75 active investigations of 232 military members and 26 members of the CNP accused of violating the rights, culture, or customs of indigenous groups.

Killings of members and leaders of indigenous groups remained a problem. Four indigenous persons were killed in Narino and Cauca Departments during the weekend of August 26-29. During the year through September 1, the NGO National Indigenous Organization of Colombia reported that 11 indigenous persons were killed.

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

There was no official discrimination based on sexual orientation in employment, housing, statelessness, or access to education or health care. An August 2015 Constitutional Court decision required that the Ministry of Education modify its educational materials to address discrimination based on sexual orientation or gender identity in schools. In 2015 the Constitutional Court granted gay couples the right to adopt children and in April 2016 the court granted gay couples the legal right to marry. But in September 2016, the First Committee of the Senate, which hears matters related to constitutional reform, statutory laws, and other topics, approved on first reading a bill proposed by Senator Vivian Morales that seeks to clarify who may and may not adopt children. Senator Morales’s proposal would convoke a national referendum on amending Article 44 of the Constitution to specify that only heterosexual couples who are married or have a civil union may adopt a child.

Members of the transgender community cited barriers to public services when health-care providers or police officers refused to accept government-issued identification with transgender individuals’ names and photographs. Some transgender individuals complained that it was difficult for them 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 that they had performed mandatory military service or obtained the necessary waivers from that service. NGOs claimed that discrimination and violence in prisons against persons due to their sexual orientation or gender identity remained a problem. In addition there were instances where authorities denied medical services to transgender individuals.

Despite government measures to increase the rights and protection of LGBTI persons, there were reports of societal abuse and discrimination, as well as sexual assault. NGOs claimed that transgender individuals, particularly transgender men, were often sexually assaulted in so-called corrective rape. The Constitutional Court pronounced in August that transgender persons faced discrimination and social rejection within the LGBTI community and recommended measures to increase respect for transgender identities in the classrooms. Specifically, the court recommended prohibiting discrimination based on gender identity in educational environments and increasing training on these issues for the educational community. The court also decreed that the autonomy of schools has constitutional limitations and the National Service of Learning (SENA) must adapt its activities to respect and promote gender identity and sexual orientation.

As of July 31, the Attorney General’s Office was investigating at least 346 alleged homicides of LGBTI individuals that occurred since January 1. Colombia Diversa, an NGO focused on addressing violence and discrimination due to sexual orientation, claimed at least 21 killings during the year through September 2 due to prejudice regarding sexual orientation or gender identity. Police arrested two individuals in connection with the killings.

Colombia Diversa also reported 10 cases, involving 15 victims, of police abuse of persons due to their sexual orientation or gender identity, with the majority of complaints coming from transgender individuals. According to NGOs working on LGBTI problems, these attacks occurred frequently, but victims did not pursue cases due to fear of retaliation. NGOs also reported several cases of threats against human rights defenders working on LGBTI issues, including the killing of a transgender activist in June in Riohacha, as well as a high level of impunity for crimes against members of the LGBTI community. Such organizations partially attributed impunity levels to the failure of the Attorney General’s Office to distinguish and effectively pursue crimes against the LGBTI community.

The manual of administrative procedures for blood banks issued by the Ministry of Health states that, to protect the recipient of a transfusion from HIV/AIDS, it excludes those donors who had “male hom*osexual relations in the past 15 years.” In 2012 the Constitutional Court ordered the Ministry of Health to remove selection criteria based on the sexual orientation of donors, but the regulation reportedly was not changed as of September.

The Center for Historical Memory released and disseminated a first-of-its-kind report,Annihilate Differences: LGBTI Populations in the Colombian Armed Conflict, detailing the effects of the country’s internal armed conflict on the LGBTI community.

HIV and AIDS Social Stigma

There were no confirmed reports of societal violence or discrimination against persons with HIV/AIDS. In the 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.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join unions, bargain collectively, and conduct legal strikes, and it prohibits antiunion discrimination. Members of associated workers’ cooperatives are not allowed to form unions, since the law recognizes members of a cooperative as owners. The law prohibits members of the armed forces and police from forming or joining unions. The law provides for automatic recognition of unions that obtain 25 signatures from potential members and that comply with a registration process. Public-sector employees legally have the right to bargain collectively. The government and employers generally respected freedom of association and collective bargaining in practice. Workers faced some obstacles to exercising those rights, and the government faced numerous challenges effectively enforcing applicable laws governing those two rights.

The law permits associated workers’ cooperatives (CTAs), collective pacts, and union contracts. Under collective pacts employers may negotiate accords on pay and labor conditions with workers in workplaces where no union is present or where a union represents less than one-third of employees. Law and regulations prohibit the use of CTAs and collective pacts to undermine the right to organize and bargain collectively, including by extending better conditions to nonunion workers through such pacts. A company may contract the union, at times formed explicitly for this purpose, for a specific job or work; the union then in essence serves as an employer for its members. Workers who belong to a union that has a union contract with a company do not have a direct employment relationship with either the company or the union. Labor disputes for workers under a union contract may be decided through an arbitration panel versus labor courts if both parties agree.

The law does not permit members of the armed forces, police, and persons performing “essential public services” to strike. Before conducting a strike, unions must follow prescribed legal procedures, including entering into a conversation period with the employer, presenting a list of demands, and gaining majority approval in the union for a strike. The law limits strikes to occur only during periods of contract negotiations or collective bargaining and allows employers to fire trade unionists who participate in strikes or work stoppages determined to be illegal by the courts.

The government has the authority to fine labor-rights violators. The government sought to enforce most applicable labor laws, but a lack of an inspection strategy, as well as an overburdened judicial system, inhibited speedy and consistent application. The maximum penalty for violations of law, including those that prohibit the misuse of CTAs, is 5,000 times the minimum monthly wage or COP 3.4 billion ($1.2 million). The law also stipulates that offenders repeatedly misusing CTAs or other labor relationships shall receive the maximum penalty and may be subject to losing their legal status to operate altogether. Employers who engage in antiunion practices may also be imprisoned for up to five years, although government officials admitted a fine was more likely than imprisonment. Prohibited practices include impeding workers’ right legally to strike, meet, or otherwise associate, and extending better conditions to members of collective pacts rather than union members. Through April the government reported seven fines on certain subcontracting entities for abusive forms of subcontracting at a value of COP 2.196 billion ($750,600). During the year SENA, the agency tasked with collecting the fines, subcontracted the administrative process for the collection of fines in an attempt to improve and expedite fine collection.

The Ministry of Labor’s Special Investigations Unit continued to exercise its power to investigate and impose sanctions in any jurisdiction. The vice minister for labor relations decides on a case-by-case basis whether to assign the Special Investigations Unit or the regional inspectors to investigate certain sites.

The Ministry of Labor leads a tripartite Inter-Institutional Commission for the Promotion and Protection of the Human Rights of Workers, with participation by the government, organized labor groups, and the business community. The commission has not met since October 2015.

As part of its commitments under the 2011 Colombian Action Plan Related to Labor Rights (Labor Action Plan), the government continued to take steps to protect internationally recognized labor rights. Labor inspections by the Ministry of Labor for abusive subcontracting in the five priority sectors of palm oil, sugar, ports, mines, and cut flowers remained infrequent, however. Critics claimed inspections lacked necessary rigor, assessed fines were not collected, and abusive subcontracting continued. The government continued to engage in regular meetings with unions and civil society groups.

The Ministry of Labor, in collaboration with the International Labor Organization (ILO), continued technical training for labor inspectors on how to identify antiunion conduct via a virtual training program. It also implemented methods, including contract and process maps, as strategic planning tools to prioritize interventions. The ministry continued to employ a telephone- and internet-based complaint mechanism to report alleged labor violations. The government reported the mechanism allowed its personnel to attend to 1.5 million citizens in 2015. Union members complained that existing systems did not allow citizens to register anonymous complaints and noted that complaints registered through the telephone and internet systems do not result in action.

Judicial police, the CTI, and prosecutors investigating criminal cases of threats and killings are required to determine during the initial phase of an investigation whether a victim is an active or retired union member or is actively engaged in union formation and organization, but it was unclear whether they actually did this. It could take several months to transfer cases from regional field offices of the Attorney General’s Office to the ministry’s Human Rights Directorate, and cases are transferred only with the approval of the attorney general in response to direct requests, instead of automatically.

The government continued to include in its protection program for labor activists persons engaged in efforts to form a union, as well as former unionists under threat because of their past activities. Through July the NPU provided protection to 500 trade union leaders or members (others protected included journalists, human rights advocates, and land restitution claimants). Approximately 11.3 percent of the NPU’s budget was dedicated to unionist protection. Between January 1 and September 30, the NPU processed 151 risk assessments of union leaders or members; 97 of those cases were assessed as posing an “extraordinary threat,” and the NPU provided them protection measures. The NPU reported that through March, the average time needed to implement protection measures upon completion of a risk analysis was 15 days in regular cases, or five days for emergency cases. NGOs, however, complained about slow processing times.

The protection and relocation of teachers falls under the Ministry of National Education and the departmental education secretaries, but the NPU retains some responsibilities for the risk analysis and protection of family members. During the year through July 31, the NPU evaluated 63 threat cases against teachers and found 36 to be of extraordinary risk.

In cases of unionist killings from previous years, the pace of investigations and convictions remained slow, and high rates of impunity continued. Labor groups stated more needed to be done to address impunity for perpetrators of violence against trade unionists and the large number of threat cases. The Attorney General’s Office indicated it prioritized cases in order of severity and had a backlog of lower-priority cases. As of July 31, the Attorney General’s Office reported 966 active cases of violence against unionists in prior years that were lodged in the Human Rights Directorate. Since 2011, there have been 30 convictions in cases of violence against unionists.

Violence, threats, harassment, and other practices against trade unionists continued to affect the exercise of the right to freedom of association and collective bargaining. According to the Colombian Federation of Educators, during the year through August 29, three educators were killed.

The National Union School (ENS), a labor rights NGO and think tank, reported that eight trade unionists were killed during the year through August 10. ENS and other labor groups stated that focusing on killings alone masked the true nature and scope of the violence against labor activists. Labor groups noted that in some regions nonlethal violations continued to increase. The ENS reported during the same period 82 death threats, nine nonlethal attacks, three arbitrary detentions, 16 cases of harassment, and two cases of illegal raids.

Investigations continued into the 2013 killing of the leader of the Sintrainagro labor union, Juan Carlos Perez, and the 2015 murder of Union of Judicial Employees (Asonal) treasurer, Alex Fabian Espinsoa Carvajalino. Perez, who was advocating on behalf of approximately 90 dismissed workers, had received earlier death threats.

Unions cited multiple instances in which companies fired employees who formed or sought to form new unions. Some employers continued to use temporary contracts, service agencies, and other forms of subcontracting to limit worker rights and protections. Fines assessed by the government did little to dissuade violators, since fines were often not collected. In the first eight months of the year, the government reported that 497 workers benefited from 15 formalization agreements that the Ministry of Labor reached with employers in the departments of Amazonas, Barrancabermeja, Caqueta, Casanare, Valle del Cauca, Cesar, Choco, Huila, Norte de Santander, Putumayo, Quindio, and Uraba, as well as in Bogota.

Labor confederations and NGOs reported that some business owners in several sectors used “simplified stock corporations” (SAS), union contracts, foundations, or temporary service agencies in attempts to circumvent legal restrictions on cooperatives. While in theory SAS workers may exercise their right to organize and bargain collectively with SAS management, it appeared that in some cases the SAS had little or no control over the conditions of employment. The Ministry of Labor stated that an SAS, like any corporate structure, may be fined for labor violations if they occurred. In April the government issued a decree on subcontracting. As of August there were two legal challenges to the decree pending.

According to ENS, Indupalma, a large employer in the palm sector located in the municipality of San Alberto, Cesar department, employed more than 1,800 workers through illegal cooperatives. This reportedly was the only company in the region that continued using labor intermediation with illegal cooperatives with no sanctions or corrective measures by the Ministry of Labor.

In August 2015 Las Brisas, the first palm-sector business fined for using illegal cooperatives, paid the fine imposed on it in 2012. As of October, that fine remained the only large-scale fine collected for illegal subcontracting in the Labor Action Plan priority sectors.

Metal and mineworkers’ union SINTRAIME reported that inspections for abusive subcontracting carried out by the Ministry of Labor at the Drummond coal mines have been ineffective in safeguarding the freedom of workers to organize.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government did not effectively enforce the law in all cases, and there continued to be some reports that such practices occurred. The law prescribes punishments of 13 to 23 years’ imprisonment plus fines for forced labor violations, penalties that are sufficiently stringent.

There were some reports that FARC and ELN guerrillas and organized criminal gangs used forced labor, including forced child labor, in coca cultivation and illegal mining in areas outside government control (see section 1.g.), as well as forced criminal activity in urban areas. The ICBF noted it was difficult to produce exact statistics on the number of children who participated in illegal armed groups due to the groups’ clandestine nature. On February 9, the FARC announced that it would stop recruiting children under the age of 18. The FARC reached an agreement with the government on May 15 on how to release minors already in the ranks and facilitate their reintegration. In September the FARC released 13 children to the ICRC.

Forced labor in other sectors, including organized begging, mining, agriculture, forced recruitment by illegal armed actors, and domestic service, also remained a serious problem. Afro-Colombians, indigenous Colombians, and inhabitants of marginalized urban areas were at the highest risk of forced labor, domestic servitude, forced begging, and forced recruitment.

Also see the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law sets the minimum age for employment at 15 and at 18 for hazardous work. Children 15 and 16 years of age may work no more than 30 hours per week, and children age 17 may work no more than 40 hours per week. Children under 15 may work in arts, sports, or recreational or cultural activities for a maximum of 14 hours per week. In all these cases, working children and adolescents must have signed documentation filed by their parents and approved by a labor inspector or other local authority.

The law prohibits child workers from working at night or where there is a risk of bodily harm or exposure to excessive heat, cold, or noise. Hazardous work includes an extensive list of activities within 11 occupational categories and subcategories identified as the “worst forms of child labor,” including agriculture, hunting and forestry, fishing, mining and quarrying, manufacturing, construction, transport and storage, health services, and defense.

The law authorizes inspectors to issue fines of up to 5,000 times the minimum monthly wage for labor law violations, including child-labor violations. A violation deemed to endanger a child’s life or threaten moral values may be punished by temporary or permanent closure of the establishment. Nationwide labor inspectors are responsible for enforcing child labor laws. In 2014 the Ministry of Labor created the Child Labor Eradication Internal Working Group based in Bogota but with nationwide responsibilities to investigate cases of child labor and carry out activities to prevent child labor. It is unclear what actions this group has taken. Inspectors monitored the formal sector through periodic inspections, but an estimated 80 percent of all child labor occurred in the informal sector of the economy. Resources and training remained inadequate for effective enforcement.

Government agencies carried out several activities to eradicate and prevent exploitative child labor. With ILO assistance the government continued to improve cooperation among national, regional, and municipal governments through its national plan to eradicate child labor and protect working youth. It also continued to employ a monitoring system to register working children, although the system was not always regularly updated. The government also sought to reduce demand for child labor through public awareness and training efforts, often working with international and civil society organizations.

The government, through the Ministry of Labor, continued to follow the 2008 plan outlined in the National Strategy to Prevent and Eradicate the Worst Forms of Child Labor and Protect Young Workers. It also continued its roundtable discussion group, which includes government representatives, members of the three largest labor confederations, and civil society. The group concentrated its efforts on formalizing an integrated registration system for information on child labor that would permit public and private entities to register information about child workers. In August the government signed an agreement with the government of Cundinamarca Department and with the mayor of Pasto to prevent child labor and protect adolescent workers in the department and the city, respectively.

The government continued to combat illegal mining and formalize artisanal mining production, with the goal of eradicating child labor and forced labor. Regional ICBF offices were charged with leading efforts to combat child labor in mining at the local level, working with the Ministry of Labor and other government agencies to coordinate responses. The Department for Social Prosperity continued to implement the More Families in Action program to combat poverty through conditional cash transfers; it included a specific focus on addressing child labor. In interagency child labor meetings, the Ministry of Labor reported that whatever government presence was available in the area attended to children found working in illegal mining operations, whether police, the ICBF, teachers, or the DPS. While all agencies had directives on how to handle and report child labor cases, it was unclear whether all cases were referred to the ICBF.

The ICBF continued to implement several initiatives aimed at preventing child labor, including producing an extensive section of its website designed specifically for young audiences to educate children on child labor, their rights, and how to report child labor. The Ministry of Labor continued its work with the Network against Child Labor in which the ministry operates alongside member businesses that have pledged to work within the network to prevent and eradicate child labor.

Child labor remained a problem in the informal and illicit sectors. In April the National Administrative Department of Statistics (DANE) published the results of a 2015 survey of child labor that measured child labor during October-December 2014. DANE data noted that, of the 11.1 million children between ages five and 17, an estimated one million worked outside the home (approximately 68 percent boys and 32 percent girls). The national rate of children who worked outside the home was 9.1 percent, with 4.6 percent of children ages five to 14 working and 24.4 percent of children ages 15 to 17 working. For the period of the study, 32.8 percent of the children who worked did not attend school. According to the study, 48.3 percent of child laborers in urban areas engaged in commerce, hotel, and restaurant work, while 71.1 percent of child laborers in rural areas engaged in agriculture, fishing, cattle farming, hunting, and forestry work; 44.6 percent of working children ages five to 17 did not receive payment.

Significant incidences of child labor occurred in the production of clay bricks, coal, emeralds, gold, coca, and p*rnography. Children also worked as street vendors and domestic servants and were engaged in begging and garbage scavenging. There were also reports that children were involved in agriculture, including coffee production and small family production centers in the unrefined brown sugar market, as well as children selling inexpensive Venezuelan gasoline. Commercial sexual exploitation of children occurred (see section 6, Children, Sexual Exploitation of Children).

Prohibitions against children working in mining and construction were reportedly largely ignored. Some educational institutions modify schedules during harvest seasons so that children may help on the family farm. Children worked in artisanal mining of coal, clay, emeralds, and gold under dangerous conditions and in many instances with the approval or insistence of their parents. The government’s efforts to assist children working in illegal mining focused on the departments of Antioquia and Boyaca.

There continued to be instances of forced child labor in mines, quarries, and private homes. According to government officials and international organizations, illegal drug traders and other illicit actors recruited children, sometimes forcibly, to work in their illegal activities. The FARC, the ELN, and organized criminal gangs forced children into sexual servitude or to serve as combatants or coca pickers (see section 1.g.). Children working in the informal sector, including as street vendors, were also vulnerable to labor trafficking. The ICBF identified 819 children and adolescents who qualified for and received social services.

Also see the Department of Labor’sFindings on the Worst Forms of Child Laboratwww.dol.gov/ilab/reports/child-labor/findings/.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in respect to employment or occupation regarding race, sex, religion, political opinion, national origin or citizenship, gender, disability, language, sexual orientation and/or gender identity, HIV-positive status or other communicable diseases, or social status. Complaints of quid pro quo sexual harassment are filed not with the Ministry of Labor but with the criminal courts. The government did not effectively enforce the law in all cases.

Unemployment disproportionately affected women. They faced hiring discrimination and received salaries that generally were not commensurate with their education and experience. According to DANE, only 55.8 percent of working age women were engaged in economic activity compared with 76.5 percent of men. Sisma Mujer reported on average women were paid 20.2 percent less than men. Among employees with a university education, women on average received between 11 and 23 percent less than the average wages of their male counterparts. A senior government official estimated that 85 percent of persons with disabilities were unemployed.

e. Acceptable Conditions of Work

The minimum monthly wage as decreed by the government was COP 689,454 ($236) for all sectors. According to the national statistics authority, as of December 2015, 27.8 percent of the national population lived in poverty: 24.1 percent of the urban population and 40.3 percent of the rural population lived below the poverty line. The share of the national population living in extreme poverty was 7.9 percent.

The law provides for a regular workweek of 48 hours and a minimum rest period of eight hours within the week. Exceptions to this may be granted by the Ministry of Labor and were frequently found in the mining sector. The law provides for paid annual civil and religious holidays for all workers. Employees who work at least one full year are entitled to at least 15 days of paid vacation. The law stipulates that workers receive premium compensation for nighttime work, additional hours worked over the regular workweek of 48 hours, and work performed on Sundays. The law permits compulsory overtime only in exceptional cases where the work is considered essential for the company’s functioning.

The law provides for workers’ occupational safety and health in the formal sector. The legal standards were generally up to date and appropriate for the country’s main formal industries. The law does not cover informal sector workers, including many mining and agricultural workers. In general the law protects workers’ rights to remove themselves from situations that endanger health or safety without jeopardy to their employment, although some violations of this right were reported during the year. In cases of formal grievances, authorities generally protected employees in this situation.

The Ministry of Labor is required to enforce labor laws, including occupational safety and health regulations, in the formal sector through periodic inspections by labor inspectors. The government reported that as of August, the ministry employed 819 inspectors countrywide, although not all conducted worksite inspections and most have little training in occupational safety and health issues. Individual labor violations can bring fines of up to 5,000 times the minimum monthly wage, but infractions for occupational safety and health can receive fines of only up to 1,000 times the minimum monthly wage. Unionists stated that fines must be collected to achieve a formalized labor force. While the government’s labor inspectors undertook administrative actions to enforce the minimum wage in the formal sector, the government remained unable to enforce the minimum wage in the informal sector.

To encourage the formalization of labor, the Ministry of Labor continued to promote formal employment generation. DANE defines an informal worker as one in any of the following seven situations, specifically excluding government workers: (1) workers in businesses that employ up to five individuals, including the owner/partner; (2) unremunerated family members working in establishments with five or fewer workers; (3) unpaid workers in businesses; (4) domestic workers in businesses with five or fewer workers; (5) day workers or task-specific workers in businesses with five or fewer workers; (6) self-employed workers in businesses with up to five persons, except independent professionals; and (7) employers in businesses of five or fewer workers. In the third quarter of the year, the proportion of informal workers was 47.8 percent. The government continued to support complementary social security programs to increase the employability of extremely poor individuals, displaced persons, and the elderly.

Nonunion workers, particularly those in the agricultural and port sectors, reportedly worked under hazardous conditions because they feared losing their jobs through subcontracting mechanisms or informal arrangements if they criticized abuses. Some unionized workers who alleged they suffered on-the-job injuries complained that companies illegally fired them despite existing legal protections designed to keep them from being fired. Only the courts may order reinstatement, and the workers complained the courts were backlogged, slow, and corrupt. The Ministry of Labor may sanction a company found to have broken the law in this way, but it may offer no other guarantees to workers.

Security forces reported that illegal armed actors, including the FARC, the ELN, and organized criminal groups, engaged in illegal mining of gold, coal, coltan, nickel, copper, and other minerals. Illegal mines were particularly common in the departments of Antioquia, Bolivar, Cauca, Cordoba, Choco, Narino, and Tolima.

According to the National Mining Agency, through July 31, there were 65 mine accidents reported, causing 59 miners’ deaths. The majority of both accidents and deaths were due to cave-ins. There were no reports of non-mining major industrial accidents through October.

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

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

b. Disappearance

There were no reports of politically motivated disappearances.

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

The constitution and laws prohibit such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

Prison and detention center conditions remained poor. The national prison in Moroni is the largest of three prisons in the country. The other two are in Anjouan and Moheli. Military personnel were detained in military facilities. National or individual island authorities used various detention facilities as deemed appropriate, and detainees could be transferred from either Anjouan or Moheli to the national prison in Moroni, depending upon the nature of their offenses.

Physical Conditions: Overcrowding was a problem. According to International Committee of the Red Cross (ICRC) standards, the Moroni prison had an inmate capacity of 60 persons, but as of October it held 148 inmates.

The law on child protection provides for juveniles between ages 15 to 18 to be treated as adults in the criminal justice system. According to the governmental National Commission for Human Rights and Liberties (CNDHL), however, authorities routinely released juveniles ages 15 to 18 to the custody of their parents if they were not recidivists. Juveniles and adult prisoners were held together. As of October there were seven juvenile male inmates in the Moroni prison, and they were held with adults. That prison also held two female prisoners, neither of whom was a juvenile, in a separate cellblock.

Detainees and prisoners normally received a single meal per day. Those who did not receive additional food from family members suffered. Other common problems included limited access to potable water, inadequate sanitation, insufficient ventilation and lighting, and inadequate medical facilities.

Administration: Prison recordkeeping was inadequate. Although prison administrators have a database for recordkeeping, they lacked the trained personnel to operate and maintain it. Authorities did not use alternatives to incarceration for nonviolent offenders. Prisoners could submit complaints without censorship, but investigations or follow-up actions almost never occurred.

Independent Monitoring: The government signed an agreement in 2014 with the ICRC to permit regular monitoring of prisons. The law provides for regular and unannounced prison visits by CNDHL, and its representatives visited prisons during the year without interference. Nongovernmental organizations (NGOs) must request a visit permit from the prosecutor general.

d. Arbitrary Arrest or Detention

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

ROLE OF THE POLICE AND SECURITY APPARATUS

Six separate security forces report to five different authorities. Union government forces include the Army of National Development and the gendarmerie, both of which normally report to the president’s cabinet director for defense. The National Directorate of Territorial Safety, which oversees police, immigration, and customs, reports to the minister of interior, information, and decentralization. When the gendarmerie serves as the judicial police, it reports to the minister of justice.

Each of the three islands has a local police force under the authority of its own minister of interior.

Civilian authorities generally maintained effective control over the civilian police, and the government has mechanisms to investigate and punish abuse and corruption. Impunity was a problem, however, and the ability of the army to investigate abuses by its personnel was uncertain.

In February 2015 soldiers opened fire on protesters in the village of Mitsoudje on Grande Comore when the latter blocked a road as part of the “Dead Island” protest movement against the lack of electricity and potable water. Eight individuals were injured, two severely. Army authorities opened an investigation, but at year’s end no one had been charged or prosecuted for the shootings. The officer who led the unit responsible for the shootings was promoted a few months afterward.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires judicial arrest warrants as well as prosecutorial approval to detain persons longer than 24 hours, although authorities did not always respect these provisions. A magistrate informs detainees of their rights, including the right to legal representation. The law provides for the prompt judicial determination of the legality of detention, and detainees must be informed promptly of the charges against them, but these rights were inconsistently respected. The law prescribes a bail system under which those who post bail may not leave the country. Some detainees did not have prompt access to attorneys or their families. The law also requires the state to provide an attorney for indigent defendants, but this rarely occurred.

Rules of criminal procedure, codified as a legacy of French colonial rule, often were not followed. According to the CNDHL, police generally respected arrest procedures for minor crimes but not always in high-profile cases.

Pretrial Detention: Lengthy pretrial detention was a problem. By law pretrial detainees may be held for no more than four months, although many were held longer. A magistrate or prosecutor may extend this period. Detainees routinely awaited trial for extended periods for reasons including administrative delay, case backlog, and time-consuming collection of evidence. Some extensions lasted several years. Defense attorneys occasionally protested such judicial inefficiencies.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: A person arrested or detained may challenge the legal basis of their detention and the law provides for monetary damages if a court finds a detention improper.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence. Judicial inconsistency, unpredictability, and corruption were problems.

TRIAL PROCEDURES

The law provides all defendants with the right to a fair public trial, but lengthy delays were common. The legal system incorporates French legal codes and sharia (Islamic law). Trials are open to the public and defendants are presumed innocent. Trials are by jury in criminal cases. Defendants have the right to consult an attorney, and indigent defendants have the right to counsel provided at public expense, although the latter was rarely observed. Defendants have the right to be present at their trials, access government-held evidence, question witnesses, and present witnesses and evidence on their own behalf. There is an appellate process. Defendants have the right to be informed promptly and in detail of the charges against them (with free interpretation from the moment charged through all appeals) to adequate time and facilities to prepare a defense, and not to be compelled to testify or confess guilt.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals and organizations may seek civil remedies for human rights violations through an independent, but not impartial, court system. By law individuals and organizations may appeal adverse domestic decisions to regional human rights bodies. Court orders were inconsistently enforced.

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

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

a. Freedom of Speech and Press

The constitution and law provide for freedom of speech and expression, but there were some limitations on press freedom.

Press and Media Freedoms: Unlike in prior years, there were no reports of the newly elected and installed government hampering press freedom. Nevertheless, some journalists on all three islands continued to practice self-censorship.

On May 18, the director general of the government newspaperal-Watwan, Ahmed Ali Amir, was dismissed by former president Ikililou a week before he left office. Amir had published the results of the Anjouan presidential election’s third round of voting prior to official confirmation by the National Independent Commission for Elections, and in violation of a prohibition issued by the Ministry of Interior. On June 21, Amir was reappointed after President Azali Assoumani assumed office.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. According to the International Telecommunication Union, 7.5 percent of individuals used the internet in 2015.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of assembly and association, and, unlike the previous government, the Azali Assoumani government generally respected these rights.

c. Freedom of Religion

See the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution and law provide for freedom of internal movement and foreign travel, and the government generally respected these rights. No specific constitutional or legal provisions deal with emigration and repatriation.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. According to the Office of the UN High Commissioner for Refugees, there were no registered refugees, returning refugees, asylum seekers, or other persons of concern in the country.

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

Elections and Political Participation

The constitution provides for a rotating union government presidency once every five years, in which each of the country’s three islands takes a turn at holding a primary to select three presidential candidates for national election. The constitution thus restricts those eligible to run for the union presidency to those residing on a particular island in an election year. Aside from the rotation principle, anyone meeting constitutional requirements of age, residency, citizenship, and good moral character may run for office.

Recent Elections: In April presidential and gubernatorial elections were held. Incumbent candidates claimed some irregularities, including the theft of ballots on Anjouan. They filed complaints at the Constitutional Court requesting the vote be repeated for both presidential and gubernatorial candidates by the approximately 3,000 voters in Anjouan whose ballots were allegedly destroyed by the opposition. The Constitutional Court ruled in favor of the plaintiffs, and a third round of voting was successfully conducted at 13 polling stations in Anjouan.

Participation of Women and Minorities: No laws or cultural/traditional practices prevent women or members of minorities from voting, running for office, serving as electoral monitors, or otherwise participating in political life on the same basis as men or nonminority citizens.

The law provides criminal penalties for conviction of corruption by officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity.

The National Commission for Preventing and Fighting Corruption (CNPLC) was an independent administrative authority established to combat corruption, including through education and mobilization of the public. On September 8, the president repealed the provisions of the law that created the commission, citing its failure to produce any results. The High Constitutional Court subsequently invalidated this decision, noting that a presidential decree may not overturn a law.

Corruption: Resident diplomatic, UN, and humanitarian agency workers reported petty corruption was commonplace at all levels of the civil service and security forces. Businesspersons reported corruption and a lack of transparency, while the World Bank’s Worldwide Governance Indicators reflected that corruption was a significant problem. Citizens paid bribes to evade customs regulations, to avoid arrest, and for falsified police reports.

There were numerous reported abuses similar to the following example. On June 30, the former director general and four other employees of Comoros Telecom, the state telecommunications operator, were arrested and jailed for embezzlement and forgery.

Financial Disclosure: The law requires high-level officials at national and island levels to declare their assets prior to entering office. Officials subject to the law did so upon taking office. Conviction of failure to comply is punishable by fines and up to two years in prison. The CNPLC reported all officials subject to the law filed financial disclosures. The submission of a disclosure is made public, but the disclosure itself is not. The CNPLC does not verify the accuracy of the disclosures.

Public Access to Information: No laws prevent general public access to government information, but such information was difficult to obtain. Those who had personal or working relationships with government officials could generally access such information. Budget documents are available to the public through the Finance Ministry’s website as well as on the website of theJournal Officielthat publishes government decrees and other official information.

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

Government Human Rights Bodies: Domestic NGOs largely supplanted government ministries on human rights issues. By law the governmental CNDHL is mandated to investigate human rights abuses and to make recommendations to concerned authorities.

Women

Rape and Domestic Violence: Rape is illegal and punishable if convicted by imprisonment of five to 10 years or up to 15 years if the victim is younger than age 15. A 2014 law strengthened the punishment of violence against women, including by criminalizing spousal rape. The government enforced the laws on rape if victims filed charges. From January to September, the NGO Service d’Ecoute (listening and counseling service) branch in Grande Comore recorded 84 incidents of sexual aggression against minors; statistics were unavailable regarding convictions. The NGO recorded 24 cases of sexual abuse on Anjouan and 27 cases of sexual violence against minors and the arrest of 18 alleged perpetrators on Moheli. There were reports that families or village elders settled many allegations of sexual violence informally through traditional means and without recourse to the formal court system.

The law prohibits domestic violence, but courts rarely fined or ordered the imprisonment of convicted perpetrators. No reliable data were available on the extent of the problem. The government took action to combat violence against women, but women rarely filed official complaints. While women may seek protection from domestic violence through the courts, the extended family or village elders addressed most cases. Although officials took action (usually the arrest of the spouse) when reported, domestic violence cases rarely entered the court system.

Sexual Harassment: Sexual harassment is illegal and conviction is punishable by up to 10 years’ imprisonment. Although rarely reported due to societal pressure, such harassment was nevertheless a common problem, and authorities did not effectively enforce the laws against it.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. The prevalence of modern contraceptive use among married women and girls ages 15 to 49 was approximately 16 percent in 2014, according to the UN Population Fund (UNFPA). Existing health-care resources (including personnel, facilities, equipment, and drugs) were inadequate, making it difficult for the government to respond to the health needs of the population. According to the international NGO Population Reference Bureau, skilled personnel attended approximately 62 percent of births. The UNFPA estimated maternal mortality in 2013 to be 350 deaths per 100,000 live births. A general lack of adolescent reproductive health information and services contributed to unwanted pregnancies and increased morbidity and mortality among adolescent girls. These incidents generally were not reported for social and cultural reasons. No legal barriers prevent women from receiving treatment for sexually transmitted infections, but many hesitated to do so because of social and cultural stigma.

Discrimination: The law provides for equality of persons and, in general, inheritance and property rights practices do not discriminate against, but rather favor, women. The Ministry of Health, Solidarity, and Gender Promotion is responsible for promoting women’s rights. The local cultures on Grande Comore and Moheli are traditionally matrilineal, and all inheritable property is in the legal possession of women. This cultural practice leads, at times, to what might be seen as discrimination against men in the inheritance of homes and land. Men retain the head-of-household role in society, however. Throughout the country, including on the nonmatrilineal island of Anjouan, land and homes were usually awarded to women in case of divorce or separation. Societal discrimination against women was most apparent in rural areas, where women were mostly limited to farming and child-rearing duties, with fewer opportunities for education and wage employment. In urban areas growing numbers of women were employed and generally earned wages comparable with those of men engaged in similar work. Few women held positions of responsibility in business, however, outside of elite families.

Children

Birth Registration: Any child having at least one Comorian parent is considered a citizen, regardless of where the birth takes place. Any child born in the country is considered a citizen unless both parents are foreigners, although these children may apply for citizenship if they had lived in the country for at least five years at the time they apply. An estimated 15 percent of children were not officially registered at birth, although many of these situations were regularized subsequently. No public services were withheld from children who were not officially registered.

Education: Universal education is compulsory until age 12, but no child may be prevented from attending school before age 14. Tuition-free education was not always available. The public education system suffered from lack of physical infrastructure, shortage of teachers, and inadequate funding for instruction. An approximately equal number of girls and boys attended public schools at the primary and secondary levels, but fewer girls graduated. Private schools supplemented public education. When families paid private school tuition, boys generally were more likely to attend school than girls.

Child Abuse: Official statistics revealed cases of abuse when impoverished families sent their children to work for relatives or wealthy families, usually in the hope of their obtaining a better education. Service d’Ecoute, funded by the government and the UN Children’s Fund, had offices on all three islands to provide support and counseling for abused children and their families. The NGO routinely referred child abuse cases to police for investigation. Police conducted initial investigations of child abuse and referred cases to the Morals and Minors Brigade, which investigates further, and when appropriate, submits cases for prosecution. Through July the brigade investigated 84 child abuse cases. If evidence was sufficient, authorities routinely prosecuted cases.

Early and Forced Marriage: The legal minimum age of marriage is 18 years for both boys and girls. According to a 2012 government survey, 31 percent of women ages 20 to 49 married before age 18. Of women ages 20 to 24, 31.6 percent married before age 18, and 10 percent married before age 15. The Service d’Ecoute in Anjouan estimated more than 50 percent of girls under age 18 on the island were married. In the sole reported case of attempted forced marriage involving a minor, the Morals and Minors Brigade investigated the case and intervened to stop the marriage before it took place.

Sexual Exploitation of Children: The law considers unmarried persons under age 18 to be minors and prohibits their sexual exploitation, prostitution, and involvement in p*rnography. Consensual sex outside of marriage is illegal. Anyone convicted of facilitating child prostitution is subject to a prison term of two to five years and a fine of 150,000 to one million Comorian francs ($344 to $2,290). Conviction of child p*rnography is punishable by fines or imprisonment. There were no official statistics regarding these matters and no reports in local media of cases, prosecutions, or convictions relating to either child prostitution or child p*rnography.

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’sAnnual Report on International Parental Child Abductionattravel.state.gov/content/childabduction/en/legal/compliance.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’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution and applicable laws, particularly the labor code, prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. A 2014 law mandated improved access to buildings, information, communication, education, air travel, and other transportation for persons with disabilities. The government did not effectively enforce that law. Despite the absence of appropriate accommodation for children with disabilities, such children attended mainstream schools, both public and private. On June 16, the National Assembly ratified the UN Convention on the Rights of Persons with Disabilities and approved a government policy on persons with disabilities for integration into the National Action Plan.

Handicap Comores, the country’s nongovernmental center for persons with disabilities, on Grande Comore, was run by local NGO Shiwe, or Pillar.

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

Consensual same-sex sexual activity is illegal and conviction is punishable by up to five years’ imprisonment and a fine of 50,000 to one million Comorian francs ($115 to $2,290). Authorities reported no arrests or prosecutions for same-sex sexual activity during the year. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons generally did not publicly reveal their sexual orientation due to societal pressure. There were no local LGBTI organizations.

On August 11, the media reported on the humiliation, beating, and shaving of the head of a man in Domoni on Anjouan by gendarmes because they believed he was gay.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions of their choice without previous authorization or excessive requirements. It provides for the right to strike but requires an eight-day notification period and a declaration of the reason for the strike and its duration. The law includes a system for resolving labor disputes. Unions have the right to bargain collectively. The government, especially the Ministries of Finance and Labor, sets wages in the large public sector and imposes a minimum wage in the small, formal private sector. The law allows unions to conduct their activities without government interference. The law does not prohibit antiunion discrimination by employers in hiring practices or other employment functions. There are no laws protecting strikers from retribution. There are no groups of workers excluded from legal protections.

The law was not applied in the settlement of private sector disputes, but it was invoked unpredictably and inconsistently in labor disputes in the public sector. Worker organizations are independent of the government and political parties. Resources, inspections, and remediation were inadequate. Penalties for violations, including ordering employers to pay indemnities and damages to the employee, were sufficient to deter violations. Labor disputes may be brought to the attention of the Labor Tribunal.

Workers exercised their labor rights. There were no reports of retribution against strikers. Common problems included failure to pay salaries regularly or on time, mostly in the government sector, and unfair and abusive dismissal practices, such as dismissing employees without giving proper notice or paying the required severance pay. There were no reported incidents of antiunion discrimination during the year. All labor NGOs were designated as labor organizations.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, with certain exceptions for obligatory military service, community service, and during accidents, fires, and disasters. During times of national emergency, the government’s civil protection unit may compel persons to assist in disaster recovery or comparable efforts if it is unable to obtain sufficient voluntary assistance. In 2012 the country adopted a comprehensive labor code that prohibits forced child labor, with specific antitrafficking provisions. The code came into force in 2014.

Resources, inspections, and remediation were inadequate. Financial penalties, however, for those who violated the law served as an effective deterrent. Penalties for conviction include from one to six months in prison, a fine of from 50,000 to 200,000 Comorian francs ($115 to $458) for those who abuse their authority to compel someone to work for them or for someone else, or both imprisonment and a fine. The penal code classifies forced labor as a form of human trafficking for which conviction is punishable by five to 10 years in prison and a fine of 30 million Comorian francs ($68,713). For conviction of trafficking involving a minor, a stiffer penalty of from 10 to 20 years in prison and a fine of 30 million Comorian francs ($68,713) are prescribed. The government did not make tangible efforts to prosecute traffickers and protect victims.

Forced child labor occurred, particularly in family-based agriculture (planting, weeding, harvesting), fishing, and domestic service (see section 7.c.). Adult forced labor did not occur.

Also see the Department of State’sTrafficking in Persons Reportatwww.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law establishes age 15 as the minimum age for employment, with a minimum age for hazardous work of 18 years.

Labor inspectors were responsible for monitoring all potential violations of labor law and did not focus only on child labor cases. Penalties for violations were not sufficient to deter violations. Regulations permit light apprentice work by children under age 15 if it does not hinder the child’s schooling or physical or moral development. In accordance with the labor code, labor inspectors may require the medical examination of a child by an accredited physician to determine if the work assigned to a child is beyond his or her physical capacity. Children may not be kept in employment deemed beyond their capacity. If suitable work cannot be assigned, the contract must be nullified and all indemnities paid to the employee. The labor code also identifies hazardous work where child labor is prohibited. Child labor infractions are punishable by a fine of 30,000 to 150,000 Comorian francs ($69 to $344). Conviction of employing children under age 15 is punishable by a fine of from 30,000 to 50,000 Comorian francs ($69 to $115) and, in cases of repeated offenses, by a fine of from 75,000 to 150,000 Comorian francs ($172 to $344) and a prison sentence of from five days to one month. The penal code provides for a two-month to 12-month prison term and a fine of from 50,000 to one million Comorian francs ($115 to $2,290) for conviction of employing children for work defined as hazardous or dangerous. The penal code also provides for a fine of from 100,000 to five million Comorian francs ($229 to $11,452) and a prison sentence of five months to 10 years for conviction of employing children in one of the worst forms of child labor as defined by the labor code.

The government did not enforce the law. The Ministry of Labor is responsible for enforcing child labor laws but did not actively or effectively do so. Children worked in subsistence farming, fishing, and extracting and selling marine sand. Children worked in growing food crops such as manioc and beans and on cash crops such as vanilla, cloves, and ylang-ylang (a flower used to make perfume). Some children worked under forced labor conditions, primarily in domestic service, as well as family-based agriculture and fishing. Additionally, some Quranic schools arranged for indigent students to receive lessons in exchange for labor, which sometimes was forced. Some families placed their children in the homes of wealthier families where they worked in exchange for food, shelter, or educational opportunities.

Also see the Department of Labor’sFindings on the Worst Forms of Child Laboratwww.dol.gov/ilab/reports/child-labor/findings/.

d. Discrimination with Respect to Employment and Occupation

The preamble to the constitution provides for equality regardless of sex, origin, religion, or race. Article 2 of the Labor Law forbids employers from discriminating on the basis of race, color, sex, religion, political opinion, national ancestry or social origin, or actual or presumed state of health (such as HIV/AIDS). The law does not address sexual orientation. In rural areas women tend to be relegated to certain types of work, and the United Nations Development Program reported women were underrepresented in leadership roles. There have been no recent reports of discrimination, however.

e. Acceptable Conditions of Work

A committee called the Collectif de Travail–consisting of representatives of unions, employers, and the Ministry of Labor–met periodically to propose enforcing a national minimum wage, as the existing minimum wage of 55,000 Comorian francs ($126) per month is only a guideline. The law provides for a 40-hour workweek, except in the agriculture sector, where the maximum is set at 2,400 hours per year (equivalent to 46 hours per week). The minimum weekly rest period is set at 24 consecutive hours. The law provides for paid annual leave accumulated at the rate of 2.5 days per month of service. There are no provisions to prohibit compulsory overtime, which is left to collective bargaining. Negotiations with the banking and pharmacy sectors, however, did not yield a collective bargaining agreement. There are no sectors or groups of workers specified as excluded from these laws. There were three labor inspectors (one for each island). The official estimate for the poverty income level is 250,000 Comorian francs ($573) per year.

Although the unions, national government, and local governments did not enforce the minimum wage law and workweek standards, unions had adequate influence to negotiate minimum wage rates for different skill levels for unionized jobs. These provisions applied to all workers, regardless of sector or country of origin. Unions promoted this de facto minimum wage via their ability to strike against employers.

The labor code includes a chapter on occupational safety and health requirements, but standards were seldom enforced. Fishing was considered the most hazardous work. Most fishermen were self-employed, working from their often-unsafe canoes. There was no credible datum on the number of occupational accidents. Workers may remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

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

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

For example, on March 6, FACI soldiers used live ammunition to quell a demonstration in Assuefry, near Bondoukou; three protesters were killed and one injured. The demonstrators were protesting extortion by soldiers. The government made no arrests.

A terrorist attack resulted in civilian deaths. On March 13, a terrorist attack on a beach resort in Grand-Bassam resulted in the deaths of 16 civilians, including a child. The government arrested two soldiers and sentenced them to 10 years in prison for providing support to the terrorists in the preparation for the attack.

On January 28, the trial of former president, Laurent Gbagbo, and his close ally, Charles Ble Goude, opened at the International Criminal Court (ICC) in The Hague. Gbagbo and Ble Goude were accused of four counts each of crimes against humanity committed during the 2010-11 postelectoral crisis, in which at least 3,000 civilians were killed and more than 150 women and girls were raped.

On March 31, the trial of former first lady Simone Gbagbo commenced in the Assize Court for crimes against humanity and war crimes. (Simone Gbagbo, who has been in custody since 2011, also has been indicted by the ICC.) Hers was the first-ever trial for crimes against humanity conducted within the country. Some human rights groups acting as plaintiffs in the case withdrew during the year, claiming proceedings were flawed. Earlier in March the Supreme Court rejected Simone Gbagbo’s final appeal against the 20-year sentence resulting from a separate 2015 trial in which she was charged with crimes against the state.

On January 25, the trial of 19 military officers charged in connection with the 2002 assassination of General Robert Guei and his family resumed. On February 18, the military court sentenced three officers–General Dogbo Ble, former head of the Republican Guard; Commander Anselme Seka Yapo, former head of the protection detail for the former first lady; and Daleba Sery–to life imprisonment for murder and complicity in murder, and four others to 10 years’ imprisonment. The remaining 12 were acquitted.

b. Disappearance

Unlike in the previous year, there were no reports of politically motivated disappearances.

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

The constitution and law prohibit such practices, but there were reports that government officials employed them.

According to a July report by UNOCI’s Human Rights Division, there were 1,129 reported rape cases with 1,149 victims from 2012-15. Of that number, 76 percent of victims were children, and 7 percent of alleged perpetrators were state agents, particularly members of FACI and teachers.

According to Amnesty International, police raped one student and sexually abused another during university protests in April. The government denied the allegations and did not take action against the accused.

The United Nations reported that between January 1 and December 20, it received four allegations of sexual exploitation and abuse by UN peacekeepers deployed to UNOCI, with two alleged incidents occurring during the year, one in 2012, and one for which the date was unknown. These allegations involved military peacekeepers from Senegal, Niger, and Pakistan. Of the four allegations, two involved minors. The two allegations against Senegalese peacekeepers, one of which involved a minor, and the allegation against a Nigerien military observer, were being investigated by the United Nations. There was no result by the end of the year. The allegation against the Pakistani peacekeeper, which involved a minor, was being investigated by the government of Pakistan. There were no results by the end of the year.

Prison and Detention Center Conditions

Prison conditions were harsh and sometimes life threatening due to food shortages, gross overcrowding, inadequate sanitary conditions, and lack of medical care.

Physical Conditions: Overcrowding continued in many prisons. At the end of November, there were 11,192 prisoners, of whom an estimated 193 were minors and 237 were women. The central prison of Abidjan was built to hold approximately 1,500 prisoners but held 3,845 as of September 21. Reports from other prisons also indicated the number of inmates exceeded capacity.

Large prisons generally had doctors, while smaller prisons had nurses. Prisoners with health crises were supposed to be sent to health centers with doctors; however, critical health care for prisoners was not always available at local hospitals or clinics. Charities or religious organizations sometimes financed prisoners’ medical care.

The International Committee of the Red Cross (ICRC) provided nutritional supplements to vulnerable prisoners, such as pregnant women and the elderly. Poor ventilation and high temperatures, exacerbated by overcrowding, were problems in some prisons.

According to government figures, 55 prisoners died through September 26. In February an armed confrontation between security forces and detainees at the central prison of Abidjan resulted in the deaths of a prison warden and 10 detainees, including Yacouba Coulibaly, alias “Yacou the Chinese,” who, with his men, had reportedly controlled parts of the prison. Two trials resulting from the confrontation continued at year’s end.

Authorities did not always hold men and women in separate prison wings, held juveniles with adults in the same cells in some prisons, and held pretrial detainees with convicted prisoners. The children of female inmates often lived with their mothers in prison, although prisons accepted no responsibility for their care or feeding. Inmate mothers received help from local and international nongovernmental organizations (NGOs).

Wealthy prisoners reportedly could buy extra cell space, food, and other amenities as well as hire staff to wash and iron their clothes. The government allotted 500 CFA francs ($0.85) per person per day for food rations, which was insufficient. Families routinely supplemented rations if they lived within proximity of the prison or detention center.

No information on conditions at irregular or informal detention centers operated by the FACI or Directorate for Territorial Surveillance (DST) was available, as the government did not allow local or international NGOs to access them.

Administration: Prison records were destroyed during the 2010-11 postelectoral crisis, and the government did not take significant measures to restore records. Record keeping that resumed after the crisis was not always adequate. The law provides for work-release programs and alternatives to incarceration for youths. In May, for example, 63 young offenders arrested in 2014 graduated from an 18-month reinsertion program in Bonoua, where they learned carpentry and sewing. Although sentencing magistrates were responsible for alternatives to sentencing and facilitating conditional release for inmates, there were fewer than 20 of them across all courts and they did not function effectively. There was no prison ombudsman, but prisoners could submit complaints to judicial authorities. Prison authorities had limited incentive or capacity to investigate and redress allegations of poor detention conditions. Prison administrators continued to detain or release prisoners outside normal legal procedures. There were reports of pretrial detainees receiving convictions in their absence due to lack of transport from prison to court.

Authorities generally permitted visitors in formal prisons. Prisoners’ access to lawyers and families was allegedly intermittent or nonexistent in informal detention centers operated by the FACI and DST.

Independent Monitoring: The government generally permitted the United Nations and international NGOs adequate access to formal prisons. The government did not grant them access to informal detention centers run by the FACI and DST. Local human rights groups reported sporadic access to prisons.

Improvements: Unlike in the previous year, potable water was available in all formal prisons and detention centers, both for drinking and bathing.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, but both occurred. The FACI (which lacks arrest authority), DST, and other authorities arbitrarily arrested and detained persons, often without charge. They held many of these detainees briefly before releasing them or transferring them to formal prisons and detention centers, but detained others for lengthy periods. The United Nations reported several incidents of detention in undisclosed and unauthorized facilities.

ROLE OF THE POLICE AND SECURITY APPARATUS

Police (under the Ministry of Interior and Security) and gendarmerie (under the Ministry of Defense) are responsible for law enforcement. The Coordination Center for Operational Decisions (CCDO), a mixed unit of police, gendarmerie, and FACI personnel, assisted police in providing security in some large cities. The FACI (under the Ministry of Defense) is responsible for national defense. The DST (under the Ministry of Interior and Security) has responsibility for countering external threats. The FACI, who were better trained and equipped than police or gendarmerie, continued to perform functions normally associated with those entities. The national gendarmerie assumed control from the FACI for all security functions on national roadways, such as running authorized checkpoints. Nevertheless, the FACI still operated unauthorized security checkpoints, especially near borders, where they engaged in extortion.

While FACI forces were better trained and equipped than police or gendarmes, they were not adequately trained or equipped and lacked an adequate command and control structure. Corruption and impunity were endemic in the FACI and other security forces, including police, gendarmerie, CCDO, and DST.

Dozos (traditional hunters) assumed an informal security role in many communities, although they had no legal authority to arrest or detain. The government discouraged the Dozos, whom most residents feared, from assuming security roles.

Military police and the military tribunal are responsible for investigating and prosecuting alleged internal abuses perpetrated by the security services, but investigations and prosecutions rarely occurred.

Security forces failed at times to prevent or respond to societal violence, particularly during intercommunal clashes over land tenure. In some cases gendarmes or FACI personnel restored order when police failed to respond.

On March 2, in collaboration with the Economic Community of West African States, the government adopted a decree establishing a national center to coordinate early warning responses to crises. The role of the center, which was not operational by year’s end, included preventing conflict, fighting terrorism, and reducing response times following crisis alerts.

In June the Cell for Coordination and Monitoring of Reintegration (CCSR)–created in July 2015 to continue the reintegration process for ex-combatants following the expiration of the mandate of the Authority for Disarmament, Demobilization, and Reintegration (ADDR)–completed its work. According to the government, more than 69,000 former combatants were reintegrated as a result of ADDR and CCSR processes.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law allows investigative magistrates or the national prosecutor to order the detention of a suspect for 48 hours without bringing charges. Nevertheless, police often arrested individuals and held them without charge beyond the legal limit. In special cases, such as suspected actions against state security, the national prosecutor can authorize an additional 48-hour period of preventive custody. An investigating magistrate can request pretrial detention for up to four months at a time by submitting a written justification to the national prosecutor. First-time offenders charged with minor offenses may be held for a maximum of five days after their initial hearing before the investigative magistrate. Repeat minor offenders and those accused of felonies may be held for six and 18 months, respectively.

While the law provides for informing detainees promptly of the charges against them, this did not always occur, especially in cases concerning state security and involving the FACI and the DST. In other cases magistrates could not verify whether detainees who were not charged had been released. A bail system exists but was used solely at the discretion of the trial judge. Authorities generally allowed detainees to have access to lawyers. In cases involving national security, authorities did not allow access to lawyers and family members. For other serious crimes, the government provided lawyers to those who could not afford them, but offenders charged with less serious offenses often had no lawyer. Human rights observers reported multiple instances in which detainees were transferred to detention facilities outside of their presiding judge’s jurisdiction, in violation of the law.

Arbitrary Arrest: On August 10, DST agents arrested without warrant Antoinette Meho, leader of the women’s wing of the opposition Ivoirian Popular Front (FPI). Meho was held without access to family or her lawyers for several days before being transferred to the central prison in Abidjan. According to the justice minister, Meho was charged with undermining state security and remained in detention awaiting trial at year’s end.

Pretrial Detention: Prolonged pretrial detention was a problem. According to government figures, as of September 21, approximately 44 percent of all prison inmates and 57 percent of inmates at Abidjan’s central prison were in pretrial detention, including some minors. In many cases the length of detention equaled or exceeded the sentence for the alleged crime. Inadequate staffing in the judicial ministry, judicial inefficiency, and lack of training contributed to lengthy pretrial detention.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Although detainees have the right to challenge in court the lawfulness of their detention and to obtain release if found to have been unlawfully detained, this rarely occurred because most detainees were unaware of this right and had limited access to public defenders.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the judiciary generally was independent in ordinary criminal cases. The judiciary was inadequately resourced and inefficient. The continued lack of civilian indictments against pro-Ouattara elements for crimes during the 2010-11 postelectoral crisis indicated the judiciary was subject to political and executive influence. There were also numerous reports of judicial corruption, and bribes often influenced rulings. During the last two years, the General Inspectorate of Judicial Inspections opened disciplinary investigations based on field audits of all 36 courts in the country; however, no magistrates or clerks had been disciplined or dismissed by year’s end.

TRIAL PROCEDURES

The constitution and law provide for the right to a fair public trial, but the judiciary did not enforce this right. Although the law provides for the presumption of innocence and the right to be informed promptly and in detail of the charges (with free interpretation as necessary from the moment charged through all appeals), the government did not always respect this requirement. In the past Assize Courts (special courts convened as needed to try criminal cases involving major crimes) rarely convened. Starting in 2015, however, they convened for one session per year in several cities to hear a backlog of cases. Defendants accused of felonies have the right to legal counsel at their own expense. Other defendants may also seek legal counsel. The judicial system provides for court-appointed attorneys, although only limited free legal assistance was available; the government had a small legal defense fund to pay members of the bar who agreed to represent the indigent. Defendants have the right to adequate time and facilities to prepare a defense. Defendants may not access government-held evidence, although their attorneys have the legal right to do so. Defendants may present their own witnesses or evidence and confront prosecution or plaintiff witnesses. Lack of a witness protection mechanism was a problem. Defendants cannot be legally compelled to testify or confess guilt, although there were reports this abuse sometimes occurred. Defendants have the right to be present at their trials, but courts may try defendants in their absence. Those convicted had access to appeals courts in Abidjan, Bouake, and Daloa, but higher courts rarely overturned verdicts.

Military tribunals did not try civilians or provide the same rights as civilian criminal courts. Although there are no appellate courts within the military court system, persons convicted by a military tribunal may petition the Supreme Court to order a retrial.

The relative scarcity of trained magistrates and lawyers resulted in limited access to effective judicial proceedings, particularly outside of major cities. In rural areas traditional institutions often administered justice at the village level, handling domestic disputes and minor land questions in accordance with customary law. Dispute resolution was by extended debate. There were no reported instances of physical punishment. The law specifically provides for a “grand mediator,” appointed by the president, to bridge traditional and modern methods of dispute resolution.

POLITICAL PRISONERS AND DETAINEES

Amnesty International listed 226 persons arrested between the beginning of 2011 and September as political prisoners. Of the 226, all of whom remained in prison at year’s end, 20 suffered from various ailments, and more than half were malnourished.

Some political parties and local human rights groups claimed members of former president Gbagbo’s FPI party–detained on charges, including economic crimes, armed robbery, looting, and embezzlement–were political prisoners, especially when charged for actions committed during the 2010-11 postelectoral crisis.

Opposition and government representatives offered differing assessments of the number of political detainees remaining in custody. A government-created platform for dialogue with the opposition met several times during the year to discuss these detainees and other issues concerning the opposition. The government released all but three of the 90 persons arrested in connection with the 2015 presidential election. In September the government released 10 persons associated with the FPI, and in March it released 70 of 300 persons whose release was requested by the FPI.

Political prisoners were given the same protections as other prisoners, including ICRC access.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The constitution and law provide for an independent judiciary in civil matters, but the judiciary was subject to corruption, outside influence, and favoritism based on family and ethnic ties. Citizens may bring lawsuits seeking damages for, or cessation of, a human rights violation, but they did so infrequently. Individuals and organizations may appeal adverse domestic decisions to regional human rights bodies. The judiciary was slow and inefficient, and there were problems in enforcing domestic court orders.

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

The constitution and law prohibit such actions, but the government did not always respect these prohibitions. The law requires warrants for security personnel to conduct searches, the prosecutor’s agreement to retain any evidence seized in a search, and the presence of witnesses in a search, which may take place at any time. Police sometimes used a general search warrant without a name or address. The FACI and DST arrested individuals without warrants.

In some areas FACI units continued to occupy illegally businesses and homes, despite the government’s efforts to end such occupations.

Some leaders of opposition parties reported authorities froze their bank accounts, although they were not on any international sanctions list, and courts had not charged them with any offenses.

A government-opposition dialogue platform discussed occupied housing and frozen bank accounts, with some progress acknowledged by representatives from both sides. In March the government stated 43 bank accounts remained frozen after it reactivated four bank accounts belonging to associates of former president Gbagbo. In August the government reactivated 12 more bank accounts of FPI officials.

a. Freedom of Speech and Press

The constitution and law provide for freedom of speech and press, but the government restricted both. The National Press Council (CNP), the government’s print media regulatory body, briefly suspended or reprimanded newspapers and journalists for statements it contended were false, libelous, or perceived to incite xenophobia and hate.

Freedom of Speech and Expression: The law prohibits incitement to violence, ethnic hatred, rebellion, and insulting the head of state or other senior members of the government.

In May the CNP suspended for one month a journalist withLG Infos, a pro-Gbagbo daily newspaper, who wrote an article about an alleged shooting that resulted in the death of a young French-Lebanese man in front of the president’s residence. The CNP ruled that the information was false and led to xenophobic and hateful discourse.

Press and Media Freedoms: The independent media were active and expressed a wide variety of views. Newspapers aligned politically with the opposition frequently published inflammatory editorials against the government or fabricated stories to defame political opponents.

The High Audiovisual Communications Authority oversees the regulation and operation of radio and television stations. There were numerous independent radio stations. The law prohibits transmission of political commentary by private radio stations. There were no private television stations.

In a continuing effort at media liberalization, on March 1, the High Audiovisual Communications Authority announced the results of the 2015 bidding by private cable and satellite television providers for operating licenses. Three multinational companies received licenses, and the Ministry of Communication stated the companies would have complete editorial freedom and the option of transmitting locally produced content, such as news and other informational programs. An additional bidding process for local providers opened in May.

Censorship or Content Restrictions: The government influenced news coverage and program content on television channels and public and private radio stations. In February the state-run Ivoirian Radio and Television suspended production of live television and radio programs by some religious groups, NGOs, and traditional healers; the suspension remained in effect at year’s end.

Libel/Slander Laws: Criminal libel is punishable by one to three years in prison.

National Security: Libel deemed to threaten the national interest is punishable by six months to five years in prison.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. Authorities permitted suspended newspapers to publish their full content online. One website estimated 22 percent of the population had home-based access to the internet via computer or mobile device. With a mobile phone penetration rate of virtually 100 percent, however, internet access by mobile device was likely much higher.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events. Violent clashes in July, however, between security forces and student unions protesting the government’s plan to house athletes in the Francophone Games in student housing at the University of Felix Houphouet-Boigny in Abidjan during the summer of 2017 resulted in injuries to students and security force members. Approximately 30 students were arrested. The government subsequently suspended all student union activities on university grounds and stationed security forces at the university.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

The law provides for freedom of assembly, but the government did not always respect this right. The law requires groups that wish to hold demonstrations or rallies in stadiums or other enclosed spaces to submit a written notice to the Ministry of Interior three days before the proposed event. Numerous opposition political groups reported denials of their requests to hold political meetings and alleged inconsistent standards for granting public assembly permissions. In some instances public officials stated they could not provide for the safety of opposition groups attempting to organize both public and private meetings.

In July, in Yopougon (a Gbagbo-leaning neighborhood in western Abidjan), police arrested three pro-Gbagbo activists organizing the signing of a petition for the release of the former president from the ICC. They were released after two weeks.

Police use of excessive force to disperse demonstrators resulted in injuries and at least one death. In August the military tribunal sentenced Staff Sergeant Gervais Zoukou to 18 months in prison for striking a student with disabilities with his car during June protests at the University of Felix Houphouet-Boigny. The student subsequently died.

FREEDOM OF ASSOCIATION

The law provides for freedom of association, and the government generally respected this right. While the law prohibits the formation of political parties along ethnic or religious lines, ethnicity was often a key factor in party membership.

c. Freedom of Religion

See the Department of State’sInternational Religious Freedom Reportatwww.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution and law do not specifically provide for freedom of movement, foreign travel, emigration, or repatriation, but the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

In-country Movement: There were impediments to internal travel. Security forces and unidentified groups erected and operated roadblocks, primarily along secondary roads outside of Abidjan. Although some roadblocks served legitimate security purposes, racketeering and extortion were common. For example, FACI engaged in racketeering at illegal checkpoints with the participation of gendarmes and police. By the end of September, a police antiracketeering task force working with the High Authority for Good Governance (HABG) identified 59 cases for prosecution. Two of the accused were convicted of racketeering by year’s end.

Exile: Several loyalists to former president Gbagbo, some with pending criminal charges, remained in self-imposed exile.

Emigration and Repatriation: Of the more than 39,000 Ivoirian refugees who remained outside the country, more than 19,000 were in Liberia. Due to concerns over the possible spread of ebola, the borders with Liberia and Guinea officially remained closed until September. Nevertheless, in December 2015 humanitarian corridors to resume voluntary repatriation of refugees from Liberia were opened, despite the closure of the border for all other travelers. From January through September, UNHCR assisted the return of more than 18,000 refugees, primarily from Liberia. With the opening of the border with Guinea in September, UNHCR facilitated the repatriation of an additional 128 refugees from Guinea.

INTERNALLY DISPLACED PERSONS

Most IDPs were in the western and northeastern regions and in Abidjan and surrounding suburbs; no estimates of the total number of IDPs were available. Most IDPs were displaced due to the 2010-11 postelectoral crisis and evictions from illegally occupied protected forests. For example, the United Nations estimated more than 51,000 persons were evicted during the summer from Mont Peko National Park, where they were living and farming illegally. Unlike in the previous year, there were no reports the government evicted residents of Abidjan from flood-prone areas or removed structures built on illegally occupied land.

In 2014 the government adopted the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention). The convention commits the government to protect the rights and well-being of persons displaced by conflict, violence, disasters, or human rights abuses and provides a framework of durable solutions for IDPs. The government respected the principle of voluntary return but provided limited assistance to IDPs; the United Nations and international and local NGOs worked to fill the gaps. While many of those displaced returned to their areas of origin, difficult conditions, including lack of access to land, shelter, and security, prevented others’ return. Host communities had few resources to receive and assist IDPs, who often resorted to living in informal urban settlements.

PROTECTION OF REFUGEES

Access to Asylum: The constitution and law provide for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. According to UNHCR the country hosted fewer than 1,400 refugees, most of whom were Liberian refugees who opted for local integration following the 2012 invocation of the cessation clause, which ended refugee status for Liberians. All 103 Liberian refugees who applied for formal resettlement in the country were accepted and remained in the country.

Durable Solutions: The government facilitated local integration for refugees in the most extreme situations by issuing resident permits to all refugees more than 14 years old to allow them to move freely in the country. Refugees also had access to naturalization, although UNHCR reported many had been in the naturalization process for more than five years.

Temporary Protection: The government also provided temporary protection for individuals who no longer qualified as refugees under the relevant UN conventions. Persons awaiting status determination received a letter, valid for three months, indicating they were awaiting a decision on their status. The letter provided for temporary stay and freedom of movement only. Holders of the letter did not qualify for refugee assistance such as access to education or health care.