Acts of Congress mandate the annual submission of the Country Reports on Human Rights Practices. The Country Reports on Human Rights Practices cover internationally recognized civil and political rights, including those set forth in the Universal Declaration of Human Rights, as well as worker rights. These include the prohibition on torture or other cruel, inhuman, or degrading treatment or punishment and the rights not to be subjected to arbitrary detention; disappearance or clandestine detention; and other violations of the right to life, liberty, and the security of person.
They also include the right to certain freedoms, such as freedoms of expression, association, peaceful assembly, and religion, without any distinction. Furthermore, the reports cover key internationally recognized worker rights issues, including the right to freedom of association; the right to bargain collectively; the prohibition of forced or compulsory labor; the status of child labor practices and the minimum age for employment of children; discrimination with respect to employment; and acceptable work conditions.
The Country Reports on Human Rights Practices are prepared by reviewing information available from a wide variety of sources, including U.S. and foreign government officials; victims of alleged human rights abuses; academic and congressional studies; and reports from the press, international organizations, and nongovernmental organizations (NGOs) concerned with human rights. Particularly helpful for citation are NGOs, whether within a single country or those with an international perspective.
The Country Reports cover respect for human rights in foreign countries and territories worldwide. They do not describe or assess the human rights implications of actions taken by the U.S. Government or its representatives.
To comply with the congressional requirement for reporting on human rights practices, the Department provides guidance to U.S. diplomatic missions annually in July for submission of updated texts in September and October. The Department updates these texts by year’s end. Multiple concerned bureaus and offices in the Department of State provide contributions, and the Bureau of Democracy, Human Rights, and Labor prepares a final draft of each Country Report. The U. S. Department of Labor contributes to material in section 7 on worker rights (see Appendix B for more detail).
The Department strives to make the reports comprehensive, objective, and uniform in scope. We seek a high standard of consistency in the reports despite the multiplicity of sources and the diversity of countries. For purposes of focus and streamlining, the reports select a few illustrative examples of alleged abuses and follow up in most instances only on the previous year’s high-profile unresolved cases. In recent years, the Department’s annual instructions on the update of the Reports changed the requirement that information be provided even when no abuse was alleged. An example is a reduction in information on prison conditions when there have not been allegations of inadequate conditions. For example, if there has been no allegation concerning the unavailability of potable water, then the Reports need not include information on that condition. It is only an allegation about the absence of potable water that would raise prison condition concerns and thus should be mentioned. This change allowed the reports to increase the focus on reported abuses and cut routine descriptive detail.
Additionally, the Department’s annual instructions also made changes to sharpen the focus on reports of violations and abuses of internationally recognized human rights and each government’s actions regarding such violations and abuses.
For example, the Executive Summary of each report is sharply focused on reports of the significant types of violations and abuses of internationally recognized human rights, if applicable to the country concerned. These include reports of extrajudicial killing, torture, harsh and life-threatening prison conditions, and the worst forms of restrictions on freedoms of expression, peaceful assembly, association, and religion or belief, as well as bias-motivated crimes of violence and similar abuses. The summary does not include many other common issues, such as overcrowding in prisons and societal discrimination, but these matters continue to be covered in the body of the reports.
While we continue to report on societal conditions, including discrimination, that can affect the enjoyment of internationally recognized human rights, we have reduced the amount of statistical data in each of these subsections of the report illustrating those conditions. In the age of the Internet, the underlying data is readily available. We have provided links to relevant sources rather than repeat the data in the text of the reports. Such links are consolidated in Appendix C.
Evaluating the credibility of reports of human rights violations and abuses remains difficult. Most governments and opposition groups deny they commit human rights violations or abuses and occasionally go to great lengths to conceal any wrongdoing. There may be few eyewitnesses to specific alleged violations or abuses. Frequently, eyewitnesses are intimidated or prevented from reporting what they know. On the other hand, individuals and groups opposed to a government may have incentive to exaggerate or fabricate abuses. In similar fashion, some governments may distort or exaggerate abuses attributed to opposition groups. The Department seeks to identify those groups (for example, government forces) or individuals for whom available evidence indicates probable involvement in human rights violations or abuses or other problematic conduct.
Many governments that profess to respect human rights in principle may in fact secretly order or tacitly condone violations or abuses. Consequently, the reports look beyond statements of policy or intent to examine what a government actually did to protect human rights and promote accountability, including the extent to which it investigated, brought to trial, or punished those responsible for any violations or abuses.
The Reports describe facts relevant to human rights concerns. Notwithstanding terms that may be used in them, they do not state or reach legal conclusions with respect to domestic or international law.
Occasionally the Reports state that a country “generally respected” the rights of individuals. The Department uses the phrase “generally respected” because the protection and promotion of human rights is a dynamic endeavor. It cannot be stated with absolute accuracy that any government fully respects these rights at all times without qualification, even in the best of circumstances. Accordingly, the reports use “generally respected” as a standard phrase to describe countries that attempt to protect and promote human rights in the fullest sense, and it is thus the highest level of respect for human rights assigned by these reports.
Because the Secretary of State designates foreign groups or organizations as foreign terrorist organizations (FTOs) on the FTO list, the reports describe as “terrorists” only those groups on the current Department of State FTO list.
The following notes on specific sections in each country report provide an overview of the key problems covered, but they are not intended to be comprehensive descriptions:
Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings: Includes killings ordered by governments or committed by governments without fair trial and final appeal guarantees, including when there is evidence of a political motivation. This section also includes illustrative, publicly well-known examples of killings by police or security forces and deaths that resulted from excessive use of force or other abuses contrary to human rights obligations and commitments, including equal protection of law.
While the section generally excludes combat deaths and killings by non-state actors such as criminals, it does cover killings by such actors as opposition groups, terrorists, or widespread killings by criminal groups. The reports cover deaths in detention due to adverse conditions in subsection 1.c., under Prison and Detention Center Conditions. Killings by terrorist groups, for example, are covered after government abuses. In optional subsection 1.g., used for countries where there was significant internal conflict, the reports cover killings of noncombatants and deaths resulting from undue use of force by government forces, those acting on the government’s behalf, or opposition forces.
Disappearance: Covers cases in which the government may be involved in the detention, abduction, or disappearance of the victim, and refuses to account for the whereabouts or fate of the victims. This includes cases in which the victims have not been found. Cases eventually classified as political killings after the bodies of missing persons are discovered would be covered in the previous section, while those eventually identified as having been arrested or held in detention may be covered in subsection 1.d., under Arbitrary Arrest or Detention.
Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment: Covers torture, defined in the Convention Against Torture, Article 1, as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind,” and cruel, inhuman, or degrading treatment or punishment, committed by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity. The subsection discusses reported occurrences without analysis of whether they fit any precise definition, and it includes reported uses of physical and other force that may fall short of torture but which may be cruel, inhuman, or degrading. This section also may include reports of ill treatment that may not constitute torture or cruel, inhuman, or degrading treatment or punishment. Furthermore, the section covers prison and detention center conditions and deaths in such facilities due to poor conditions or mistreatment.
If there are reports of patterns of sexual exploitation and abuse by UN or other multinational peacekeeping forces, these incidents are reported in this subsection, and they are included in the country report where the alleged abuse occurred, and in the country report where the alleged offender originated. Also included would be corrective action taken by the peacekeeping troop-contributing country.
Arbitrary Arrest or Detention: Includes cases in which criminal detainees are held arbitrarily in official custody without being charged or, if charged, without being brought promptly before a judicial authority with power to detain or without trial within a reasonable time. The section also includes subsections on the role of the police and security apparatus, arrest and detention practices outside the criminal justice system, and any amnesties that may have occurred during the year.
Denial of Fair Public Trial: Notes whether there is an independent and impartial judiciary free of corruption or political influence and whether trials are fair and public and afford criminal defendants the minimum guarantees recognized internationally as necessary for a criminal defense (failure to hold any trial is noted in the section above). The subsection Political Prisoners and Detainees covers persons convicted, imprisoned, or detained essentially for political beliefs or nonviolent acts of dissent or expression, particularly based on overly broad and sweeping charges intended to stifle the exercise of human rights and fundamental freedoms. The subsection Civil Procedures and Remedies notes whether there is access to an independent and impartial court or other competent authority to seek a remedy, whether damages for, or cessation of, an alleged human rights violation. The optional subsection Property Restitution is included if there is a systemic failure of a government to enforce court orders with respect to restitution or compensation for the taking of private property under domestic law. This subsection is not intended to discuss or evaluate individual claims.
Politically Motivated Reprisal Against Individuals Located Outside the Country (If applicable): This new section in the 2019 reports includes credible information regarding a country that, during the year, attempted to misuse international law enforcement tools, such as Interpol systems, for politically motivated reprisals against individuals and information about politically motivated efforts by a country to exert bilateral pressure on another country aimed at having that country take adverse action against an individual, such as exerting political pressure for the return of perceived enemies located in other countries.
Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence: Covers whether government authorities entered homes without judicial or other appropriate authorization, and whether a government accessed, collected, or used private communications or personal data arbitrarily or unlawfully (such as by targeting individuals based on the exercise of their human rights) or without appropriate legal authority. This section also examines if governments have in place laws, regulations, or practices that enable them to use technology to monitor individuals arbitrarily or unlawfully and whether any “national security” laws are used by governments to conduct arbitrary or unlawful surveillance. If necessary, this section also reports if informer systems were employed and if authorities punished family members for offenses allegedly committed by their relatives.
Abuses in Internal Conflicts: This subsection applies only to countries experiencing significant internal conflict and describes reported abuses in such situations. It includes reports of unlawful killings in situations of significant internal conflict. This subsection also includes reports of abuses, including abductions, against civilians by members of the armed forces, other groups that may support the government but may also commit abuses, or groups in political opposition to the government. Any reports of the unlawful use of child soldiers by either government forces or by other organized armed groups are discussed in this subsection. Also covered are reports of attacks on health-care facilities, workers, ambulances, or patients. This subsection also includes reports concerning any restriction on medical facilities or services in a situation of significant internal conflict.
Freedom of Expression, including for the Press: Evaluates whether freedom of expression, including for members of the media, is respected and describes any direct or indirect restrictions, including intimidation of journalists and censorship. A subsection on internet freedom includes discussion of monitoring or restrictions on the exercise of freedom of expression online, including the freedom to seek, receive, or impart information, ideas, and opinions. Another subsection, entitled Academic Freedom and Cultural Events, includes information on restrictions, intimidation, and censorship in these fields.
Freedoms of Peaceful Assembly and Association: Evaluates the ability of individuals, including with others (such as through political parties) to exercise these freedoms. It considers instances of government failure to provide permits or licenses for meetings and demonstrations, as well as information on the ability of trade associations, professional bodies, NGOs, and similar groups to register, maintain relations, or affiliate with recognized international bodies in their fields. Section 7, Worker Rights, discusses the right of workers to associate, organize, and bargain collectively.
Freedom of Religion: Provides a hyperlink to the Department of State’s International Religious Freedom Report. Information on anti-Semitism also appears in section 6 under a heading by that name.
Freedom of Movement: Discusses whether and under what circumstances governments exiled citizens; restricted internal and foreign travel, including for women or members of minority populations; and revoked passports. It includes subsections on Internally Displaced Persons (if applicable), Protection of Refugees (if applicable), and Stateless Persons (if applicable). As defined in the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, refugees generally are persons outside their country of nationality or, if stateless, outside their country of former habitual residence, who are unable or unwilling to return to that country based on a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion. Under certain regional instruments, such as the Cartagena Declaration on Refugees, the term refugee may also refer to persons who have fled their country because their lives, safety, or freedom have been threatened by, among other things, generalized violence or internal conflict. The subsection Protection of Refugees covers abuse and discrimination against refugees and asylum seekers. It also reviews the government’s extension of assistance and protection to refugees, including protection against refoulement, the provision of temporary protection, and support for voluntary repatriation, longer-term integration opportunities, and resettlement in another country.
“Protection against refoulement” refers to whether the government refrained from (1) expelling or returning a refugee in any manner whatsoever to the frontiers of territories where their life or freedom would be threatened on account of their race, religion, nationality, political opinion, or membership in a particular social group, or (2) expelling, returning, or extraditing a person to another State where there are substantial grounds for believing that they would be in danger of being subjected to torture.
The subsection on stateless persons examines whether a country has habitual residents who are legally stateless (not recognized as nationals under the laws of any state) or de facto stateless (not recognized as nationals by any state even if these individuals have a claim to nationality under the laws of a particular state). The report reviews whether the government has implemented effectively laws and policies to provide such persons the opportunity to gain nationality on a nondiscriminatory basis. The subsection examines, among other matters, whether there is violence or discrimination against members of resident stateless populations in employment, education, housing, health services, marriage or birth registration, access to courts, or the owning of property.
Participation in the Political Process: Discusses whether the law provides citizens the ability to choose their government in free and fair periodic elections based on universal and equal suffrage and whether in practice citizens were able to participate in the conduct of public affairs free of discrimination or unreasonable restriction. The subsections Elections and Political Participation and Participation of Women and Minorities assess whether elections were free and fair, including whether women and minorities had the opportunity to participate on an equal basis.
Corruption and Lack of Transparency in Government: Covers allegations of corruption in the executive, legislative, and judicial branches of government and actions taken to combat it. The section also covers whether elected and appointed officials must make financial disclosures.
Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights: Discusses whether the government permits the free functioning of local human rights groups (including by allowing investigations and the publication of the groups’ findings on alleged human rights abuses), whether these groups are subject to reprisal by government or other forces, and whether government officials are cooperative and responsive to their views. The section also discusses whether the government grants access to and cooperates with outside entities (including foreign human rights organizations, international organizations, and foreign governments) interested in human rights developments in the country. It reports on national human rights commissions, parliamentary commissions, and relations with international human rights organizations.
Discrimination, Societal Abuses, and Trafficking in Persons: Contains subsections on Women; Children; Anti-Semitism; Trafficking in Persons; Persons with Disabilities; Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity. If applicable, it also includes optional subsections on National/Racial/Ethnic Minorities, Indigenous People, HIV and AIDS Social Stigma, Other Societal Violence or Discrimination, and Promotion of Acts of Discrimination. The section addresses abuses and discrimination not discussed elsewhere in the report, focusing on violence or threats of violence against such individuals and laws, regulations, and state practices denying or impeding equal access to employment, education, health care, or other governmental benefits for members of specific groups. Reluctance to report abuse–by women, children, lesbian, gay, bisexual, transgender, or intersex persons (LGBTI), and members of other groups–is, of course, often a factor in the underreporting of abuses. To avoid being too repetitive, we do not make this point every time we cover a particular issue, but readers should be aware that it is a significant factor in these kinds of abuses in all countries and cultures. (The Country Reports address allegations of abuses by government or opposition forces, such as killing, torture and other violence, or restriction of voting rights or freedom of expression that discriminate against specific groups, under the appropriate preceding sections.)
The subsection on Women discusses violence against women, such as domestic violence, rape, female genital mutilation/cutting, dowry deaths, and “honor killings.” Information is included on any government tolerance of, and efforts to prevent, such practices, as well as the extent to which women have access to equality of economic opportunity and protection from discrimination and sexual harassment. A subsection Coercion in Population Control changes the former focus from general “reproductive rights” and maternal health issues to comply with the requirement of U.S. law that we report on coercive family planning practices, such as coerced abortion and involuntary sterilization. Our focus is on coercive government action, and we therefore do not cover instances in which family members or partners may pressure someone to have an abortion.
The subsection on Children discusses early and forced marriage and sexual exploitation of children; as applicable, it also addresses access to education and health care, and violence or other abuse against children, as well as other issues.
The subsection on Anti-Semitism discusses anti-Semitic activity. Section 2.c. on Religious Freedom provides a hyperlink to the most recent International Religious Freedom Report, which also contains material on anti-Semitism.
The Trafficking in Persons subsection contains a hyperlink to the Department of State’s most recent Trafficking in Persons Report.
The subsection Persons with Disabilities covers discrimination against persons with physical, mental, or intellectual disabilities in, among other things, employment, education, and the provision of other government services. The subsection on Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity notes laws criminalizing offenses related to same sex sexual activity and reports of violence or discrimination in essential goods and services against such persons, and official action to investigate and punish such acts.