Amnesty International Report 2021/22

AMNESTY INTERNATIONAL Amnesty International is a movement of 10 million people which mobilizes the humanity in everyone and campaigns for change so we can all enjoy our human rights. Our vision is of a world where those in power keep their promises, respect international law and are held to account. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and individual donations. We believe that acting in solidarity and compassion with people everywhere can change our societies for the better. Amnesty International is impartial. We take no position on issues of sovereignty, territorial disputes or international political or legal arrangements that might be adopted to implement the right to self- determination. This report is organized according to the countries we monitored during the year. In general, they are independent states that are accountable for the human rights situation on their territory. First published in 2022 by Except where otherwise noted, This report documents Amnesty Amnesty International Ltd content in this document is International’s work and concerns Peter Benenson House, licensed under a through 2021. 1, Easton Street, CreativeCommons (attribution, The absence of an entry in this London WC1X 0DW non-commercial, no derivatives, report on a particular country or United Kingdom international 4.0) licence. territory does not imply that no https://creativecommons.org/ human rights violations of © Amnesty International 2022 licenses/by-nc-nd/4.0/legalcode concern to Amnesty International Index: POL 10/4870/2022 For more information please visit have taken place there during the ISBN: 0-86210-505-6 the permissions page on our year. Nor is the length of a A catalogue record for this book website: www.amnesty.org country entry any basis for a is available from the British amnesty.org comparison of the extent and Library. depth of Amnesty International’s concerns in a country. Original language: English Amnesty International Report 2021/22 ii

AMNESTY INTERNATIONAL REPORT 2021/22 THE STATE OF THE WORLD’S HUMAN RIGHTS

Amnesty International Report 2021/22 iv

CONTENTS ANNUAL REPORT 2021/22 Abbreviations vii Cuba 140 Preface ix Cyprus 142 Global Analysis 14 Czech Republic 143 Africa regional overview 19 Democratic Republic of the Americas regional overview 27 Congo 145 Asia-Pacific regional overview 35 Denmark 149 Europe and Central Asia regional Dominican Republic 150 overview 44 Ecuador 151 Middle East and North Africa Egypt 152 regional overview 53 El Salvador 157 Country entries 63 Equatorial Guinea 159 Afghanistan 64 Eritrea 160 Albania 68 Estonia 161 Algeria 69 Eswatini 162 Andorra 72 Ethiopia 163 Angola 72 Fiji 165 Argentina 75 Finland 166 Armenia 77 France 167 Australia 78 Gambia 170 Austria 80 Georgia 172 Azerbaijan 81 Germany 174 Bahrain 83 Ghana 176 Bangladesh 85 Greece 178 Belarus 89 Guatemala 181 Belgium 92 Guinea Republic 183 Benin 93 Haiti 185 Bolivia 95 Honduras 186 Bosnia and Herzegovina 96 Hungary 187 Botswana 98 India 190 Brazil 99 Indonesia 193 Bulgaria 104 Iran 197 Burkina Faso 106 Iraq 201 Burundi 108 Ireland 205 Cambodia 111 Israel and the Occupied Cameroon 113 Palestinian Territories 207 Canada 116 Italy 211 Central African Republic 118 Japan 214 Chad 120 Jordan 215 Chile 122 Kazakhstan 217 China 124 Kenya 220 Colombia 130 Kosovo* 223 Congo (the) 135 Kuwait 224 Côte d'Ivoire 137 Kyrgyzstan 226 Croatia 139 Latvia 228 Amnesty International Report 2021/22 v

Lebanon 229 South Korea 335 Lesotho 232 South Sudan 338 Libya 234 Spain 341 Lithuania 238 Sri Lanka 344 Madagascar 239 Sudan 347 Malawi 241 Sweden 350 Malaysia 242 Switzerland 351 Maldives 244 Syria 353 Mali 245 Taiwan 357 Malta 247 Tajikistan 358 Mexico 249 Tanzania 360 Moldova 253 Thailand 362 Mongolia 255 Togo 365 Montenegro 256 Trinidad and Tobago 366 Morocco/Western Sahara 258 Tunisia 367 Mozambique 261 Turkey 371 Myanmar 263 Turkmenistan 375 Namibia 266 Uganda 377 Nepal 268 Ukraine 380 Netherlands 270 United Arab Emirates 384 New Zealand 271 United Kingdom 386 Nicaragua 272 United States of America 390 Niger 273 Uruguay 394 Nigeria 276 Uzbekistan 396 North Korea 280 Venezuela 398 North Macedonia 282 Viet Nam 403 Norway 284 Yemen 406 Oman 284 Zambia 410 Pakistan 286 Zimbabwe 412 Palestine (State of) 290 Papua New Guinea 293 Paraguay 294 Peru 296 Philippines 298 Poland 301 Portugal 303 Puerto Rico 304 Qatar 305 Romania 308 Russian Federation 309 Rwanda 314 Saudi Arabia 316 Senegal 320 Serbia 322 Sierra Leone 324 Singapore 325 Slovakia 326 Slovenia 328 Somalia 329 South Africa 332 Amnesty International Report 2021/22 vi

ABBREVIATIONS European Convention on Human Rights ASEAN (European) Convention for the Protection of Association of Southeast Asian Nations Human Rights and Fundamental Freedom AU GDP African Union Gross domestic product CEDAW ICC UN Convention on the Elimination of All International Criminal Court Forms of Discrimination against Women ICCPR CEDAW Committee International Covenant on Civil and Political UN Committee on the Elimination of Rights Discrimination against Women ICESCR CERD International Covenant on Economic, Social International Convention on the Elimination of and Cultural Rights All Forms of Racial Discrimination ICRC CERD Committee International Committee of the Red Cross UN Committee on the Elimination of Racial Discrimination ILO International Labour Organization CIA US Central Intelligence Agency International Convention against Enforced Disappearance COVAX International Convention for the Protection of Covid-19 Vaccines Global Access, directed All Persons from Enforced Disappearance by the GAVI vaccine alliance, CEPI and the WHO LGBTI Lesbian, gay, bisexual, transgender and Covid-19 intersex Coronavirus disease-19 MP ECOWAS Member of Parliament Economic Community of West African States EU NATO European Union North Atlantic Treaty Organization European Committee for the Prevention of NGO Torture Non-governmental organization European Committee for the Prevention of Torture and Inhuman or Degrading Treatment OAS or Punishment Organization of American States Amnesty International Report 2021/22 vii

OCHA UN Special Rapporteur on racism United Nations Office for the Coordination of UN Special Rapporteur on contemporary Humanitarian Affairs forms of racism, racial discrimination, xenophobia and related intolerance OHCHR Office of the United Nations High UN Special Rapporteur on torture Commissioner for Human Rights UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or OSCE punishment Organization for Security and Co-operation in Europe UN Special Rapporteur on toxics and human rights PPE UN Special Rapporteur on the implications Personal protective equipment for human rights of the environmentally sound management and disposal of TRIPS hazardous substances and wastes Trade-Related Aspects of Intellectual Property UN Special Rapporteur on violence against UK women United Kingdom UN Special rapporteur on violence against women, its causes and consequences UN United Nations UNHCR, the UN refugee agency Office of the United Nations High UN Convention against Torture Commissioner for Refugees Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or UNICEF Punishment United Nations Children’s Fund UN Refugee Convention UPR Convention relating to the Status of Refugees UN Universal Periodic Review UN Special Rapporteur on extrajudicial USA executions United States of America UN Special Rapporteur on extrajudicial, summary or arbitrary executions WHO World Health Organization UN Special Rapporteur on extreme poverty UN Special Rapporteur on extreme poverty and human rights UN Special Rapporteur on freedom of expression UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression Amnesty International Report 2021/22 viii

PREFACE How did people fare under the power politics of 2021? Were rights upheld better amidst the world’s chaotic contests for profit, privilege and position? Were rights holders better recognized, respected and protected as the Covid-19 pandemic continued and conflicts deepened? In 2021, slick slogans were the mantra: “we will build back better”. Promises too were dangled: promises of a “global reset” of the economy; of a global “common agenda” to curb corporate abuse, of a sustainable and green recovery, of transformational global solidarity. But slogans, it transpired, meant little, promises were not to be kept and more people were failed in more places more often. Faced with other options, still governments picked policies and pursued paths that took more of us further away from dignity and rights. The systemic inequalities that drove the pandemic were further entrenched, not systematically reduced. The cross-border flows of health services and supplies that could have broadened access to care often did not come to pass. The intergovernmental cooperation needed to avert further disaster and mitigate human rights crises rarely materialized. A year ago, writing my first preface for Amnesty’s annual report, I had ardently hoped that 2021 would see nations and peoples travel further down the road to an inclusive recovery from Covid-19. With scientific breakthroughs, won at an unprecedented pace, putting the pandemic’s end within our reach, it seemed possible. So, what went wrong? Instead of giving us genuine and meaningful global governance, the world’s leaders retreated into their caves of national interest. Instead of providing greater safety to more people, leaders pushed us closer to the abyss of insecurity and, at times, war. Instead of stamping out the practices and strategies that divide us, leaders pitched our nations into self-defeating contests for wealth and resources, and conflict. Instead of upholding the universal human rights norm of equality, racism became further hardwired into the working of the international system, determining even who lived and who did not – adding to the cruel history of whose lives matter and whose do not. 2021 should have been a year of healing and recuperation. Instead, it became an incubator for greater inequality and instability, not only in 2021, not just for 2022, but for the decade ahead. 2021’s astronomical waves of Covid-19 infections, illness and death was maddeningly predictable and distressingly avoidable. As wealthy governments congratulated themselves for their vaccine roll-out, by the year’s end their rampant vaccine nationalism had left more than half the world unvaccinated or only partially vaccinated. Low immunization rates allowed new variants to flourish, putting us all at risk of vaccine-resistant mutations and lengthening the pandemic. Booster shots were delivered to citizens of rich nations while millions in the Global South, including those most at risk of serious illness or death, still awaited their first jab. In September, Amnesty International found that developed countries were sitting on half a billion surplus doses, enough to fully vaccinate several of the world’s least-vaccinated nations. Their Amnesty International Report 2021/22 ix

dumping of surplus doses allowed to expire was a shocking symptom of a world without moral compass; a world that has lost its way. While companies’ CEOs and investors bagged big profits, those desperately needing the vaccine were told to wait. And die. In the midst of the Covid-19 pandemic, new conflicts were incubated, and unresolved conflicts deepened. In Afghanistan, Burkina Faso, Ethiopia, Israel/ Palestine, Libya, Myanmar and Yemen, to name a few, conflict caused violations of international human rights and humanitarian law on a vast scale. In far too few instances did the needed international response come; in far too few cases were justice and accountability provided. Instead, conflict expanded. Extending over time, its impacts worsened. The numbers and diversity of intervening parties rose. New theatres of conflict opened. New weapons were tested. More deaths and injury were exacted. Life was cheapened. In no other place was the world’s decaying order more evident than in Afghanistan where, following the withdrawal of all international troops, the collapse of the government, and the takeover of the country by the Taliban, Afghan women and men on the front line of the fight for human rights and democratic values were left to fend for themselves. Meanwhile, the global failure to build a global response to the pandemic sowed the seeds of greater conflict and greater injustice. Rising poverty, food insecurity and government instrumentalization of the pandemic to repress dissent and protests – all were well planted in 2021, watered by vaccine nationalism and fertilized by greed of the richer countries. Such a legacy of 2021 was also evident at the COP26 climate conference. Plagued by short-termism and thwarted by selfishness, a fortnight of negotiations ended in betrayal. Governments betrayed their people by failing to agree a deal to prevent catastrophic climate warming. In doing so, swathes of humanity were condemned to a future of water scarcity, heatwaves, flooding and starvation. The very governments who turn migrants away at their borders sentenced millions to flee their homes in search of safety and better living conditions. Countries already floundering in unsustainable levels of debt were left without sufficient climate finance to tackle deadly environmental change 2021 incubated further acceptability of racist policies and ideologies whose practices forced millions to live at the very edge of life itself. We saw this in vaccine producers steadfastly refusing to share their knowledge and technology with low-income countries, preventing the expansion of manufacturing needed to close the gap. We saw this again in many wealthy governments’ refusal to support global initiatives such as the proposed TRIPS waiver which could have scaled up vaccine production. We saw this in governments’ policies predicated on “risk of death” as an acceptable deterrent for the record number of refugees, migrants, internally displaced people and asylum seekers; policies that went so far as to criminalize those trying to save lives. We saw this again and again in the rise of public political discourse demonizing minorities, pitching arbitrary ideas of freedoms (including of “freedom to hate”) into toxic contest against universal rights, norms and standards that are there to protect us from racism and sexism. We saw this in the withdrawal of essential services for sexual and reproductive health with devastating consequences for women and girls in particular. Amnesty International Report 2021/22 x

If in 2021 those in power lacked the ambition and imagination to tackle humanity’s gravest adversaries, the same cannot be said for the people they should have represented. In 2021, people across the world stood up not only for their own rights but in solidarity for the rights of all. They demanded better institutions, just law and a fairer society. The Nobel Committee recognized courageous exemplars of that dedication and vision when it awarded the 2021 Nobel Peace Prize to two journalists – Maria Ressa of the Philippines and Dmitry Muratov of Russia – for their brave stances against corrupt leadership and press restrictions in their respective countries. People the world over rose up, even in the face of authorities’ cruel repression and governments who at times used the pandemic as a smokescreen to deny the right to protest. In 2021, at least 67 countries introduced new laws to restrict freedom of expression, association or assembly. Yet people would not be deterred from making their voices heard. In more than 80 countries, people rose to protest in vast numbers. In Russia, rallies in support of opposition leader Aleksei Navalny went ahead in the face of unprecedented numbers of mass arbitrary arrests and prosecutions. Farmers in India demonstrated against three contentious farming laws until December when India’s federal government bent to the wisdom of people power and repealed the legislation. Throughout 2021, people kept rising – in Colombia, Lebanon, Myanmar, Sudan, Thailand, Venezuela and many more countries. The world over, in 2021, lawyers, academics, NGOs, victims and their families tirelessly pursued justice for human rights violations, war crimes and crimes against humanity. Some landmark rulings were won. In February, two courageous Vietnamese children, with the support of a London-based law professor, won their case at the European Court of Human Rights against the UK’s criminalization of trafficking victims. In June, Alieu Kosiah, a former commander of a rebel group in Liberia, was found guilty in Switzerland for war crimes and crimes against humanity and sentenced to 20 years’ imprisonment. Innovative strategic litigations and criminal complaints were filed by NGOs against big multinational companies including Nike, Patagonia and C&A for their complicity in forced labour in the Xinjiang region of China. In 2021 civil society and journalists also took on Big Tech. The Pegasus Project – a major collaborative effort between human rights experts and investigative journalism – uncovered state surveillance of government critics and human rights defenders, shining a light on the underhand tactics deployed to crush dissent. In November, a US court allowed WhatsApp to proceed with its case against NSO group, the creator of Pegasus spyware, marking a major watershed moment for disclosure of information in court. The year also saw the largest fines to date against leading tech companies for breach of data protection and privacy laws, including Amazon (fined €746 million), WhatsApp (€225 million) and Grindr (€6.34 million). NGOs, backed by ordinary people, also fostered positive developments in international norms and mechanisms. Civil society organizations including Amnesty International successfully lobbied the UN Human Rights Council to recognize the right to a clean, healthy and sustainable environment and to create Special Rapporteurs on human rights and climate change and on human rights in Afghanistan. Amnesty International Report 2021/22 xi

If governments won’t build back better – as they build back broken – we are left with little option. We must scrutinize every decision and fight every attempt to muzzle our voices. But we must also step up and towards each other. We must build together a more tangible, demanding and insistent movement for global solidarity – people to people to people. If our leaders won’t lead us to rights, then rights must lead us to each other. For that we must organize, support and enable a global movement for justice. We know that ultimately our futures and our fates are intertwined and interdependent – people to planet. We know it. We must live it. We need to take charge – human rights charge – and demand together global governance for the rights of each one of us, to the exception of none of us, in the interests of all of us. Now, let’s together – all of us – incubate that. Agnès Callamard, Secretary General Amnesty International Amnesty International Report 2021/22 xii

AMNESTY INTERNATIONAL REPORT 2021/22 GLOBAL ANALYSIS AND REGIONAL OVERVIEWS

GLOBAL ANALYSIS: THREE KEY TRENDS The year 2021 was a year of hope and promises: everyone’s hope that vaccines would stop the devastation caused by the Covid-19 pandemic and promises by governments and groupings like the G7 and G20 to “build back better”. However, this was often merely lip service, with some governments even redoubling their exploitation of the pandemic to entrench their own positions. This analysis explores three key trends arising from Amnesty International’s 2021 human rights research in 154 countries: health and inequalities, civic space and Global North pushback on refugees and migrants. HEALTH AND INEQUALITIES Vaccines provided hope for an eventual end to the pandemic, which, according to the WHO had claimed at least 5.5 million lives by the end of 2021, though some estimates suggest the actual number of deaths could be two to three times higher. Many governments pledged to support global vaccination coverage, and the G7 and the G20 made notable commitments. However, despite efforts by some governments in the Global South in particular, international cooperation largely failed. High-income countries stockpiled millions more doses than they could use, leaving some countries able to vaccinate their entire populations three to five times over. In September it was estimated that a handful of these countries were still sitting on over 500 million surplus vaccine doses. While the EU had a vaccination rate of over 70%, many countries in the Global South were still waiting for access to a first shot. By the end of the year, less than 8% of Africa’s 1.2 billion people had been fully vaccinated, the lowest vaccination rate of any continent in the world and a far cry from the WHO’s 40% vaccination target by the end of 2021. Such global vaccine inequality further entrenched racial injustice. Rich countries such as EU member states, Norway, Switzerland and the UK also systematically blocked attempts to boost global production of vaccines, which would have increased low and middle-income countries’ access to them, by refusing to support the temporary waiver of intellectual property rights. Meanwhile, pharmaceutical companies, backed by powerful governments, heavily prioritized delivery of vaccines to high-income countries. The main companies at the helm of Covid-19 vaccine production monopolized intellectual property and blocked technology transfers, lobbying aggressively against measures that would expand the global manufacturing of these vaccines. This was in spite of most companies receiving billions of dollars in public funding, and all the while making staggering profits from the pandemic. Three – BioNTech, Pfizer and Moderna – were set to earn US$130 billion by the end of 2022. National vaccination programmes presented a mixed picture. Some national health services successfully delivered national vaccination programmes thanks to scientific approaches, information campaigns and dedicated health workers. However, other government vaccination programmes were characterized by a lack of transparency and consultation, and impacted by corruption. Others deprioritized or actively excluded many in particularly vulnerable situations, including migrants and refugees, internally displaced people, rural and Indigenous communities, prisoners, the homeless and other undocumented people, along with other groups facing historical discrimination. In Russia vaccination of the homeless and undocumented migrants was complicated by a requirement for identity documents and medical insurance, often unavailable to such groups. In Nicaragua some media reports Amnesty International Report 2021/22 14

pointed to favouritism in vaccinating government supporters first, regardless of their risk profile for Covid-19. Many countries, such as in the Americas region, also failed to create special protocols to ensure culturally appropriate interventions in the vaccination of Indigenous peoples. Further, unscrupulous messaging and manipulation by those seeking to spread confusion for their own gain, including politicians and even leaders, coupled with irresponsible social media companies, fuelled misinformation and exacerbated vaccine hesitancy. Conflict and crises also impacted vaccination programmes, and the right to health more generally, for instance in Yemen and Ethiopia through attacks on civilian infrastructure and restrictions on humanitarian access. Equally in Afghanistan and Myanmar, the political turmoil brought their already fragile healthcare systems to the brink of collapse. Human rights to health and through health were arguably never more pertinent or at risk. There was an opportunity to use the huge global investment and medical breakthroughs to improve delivery of healthcare. However, governments around the world failed to show leadership. They failed to reverse the widespread neglect and underfunding of these services over decades or to address limited and unequal access to healthcare. These were both major reasons for the scale of the crisis faced by health systems facing the dual challenge of responding to Covid-19 and providing regular health services. The failure was felt in particular by racialized minorities, migrant workers and older people, as well as women seeking sexual and reproductive healthcare. Some authorities exacerbated the situation by actions such as denying the existence of Covid-19 cases, dismissing risks or banning vaccines from certain countries for political reasons. In some African countries including Congo, Nigeria and Togo, health workers had to go on strike or protest to demand action on dysfunctional health systems or payment of months of salary arrears. Elsewhere, including in Europe, some governments took reprisals against health workers who spoke out about the stress on health services. Meanwhile, the pandemic and responses to it continued to have a devastating impact in many countries on other economic and social rights, trapping hundreds of millions in extreme poverty. Increased debt resulting from the pandemic negatively impacted possibilities for the necessary investment in essential social services, and the much-promised economic recovery was undermined by limited debt relief. The very limited debt relief of US$45 billion agreed by the G20 in April 2020, which was extended twice to the end of 2021, only translated into US$10.3 billion in actual relief to more than 40 eligible countries. This shortcoming was further compounded by the fact that this initiative only resulted in a suspension of debt repayments and the 46 countries that applied still made US$36.4 billion in debt payments. It also failed to deal with the issue of private creditors’ debt repayments, only 0.2% of which were suspended. At the same time, 2021 signalled some opportunities which governments could seize to lay the groundwork for corporate accountability and effective responses to future pandemics, if they place human rights at the heart of these efforts. The World Health Assembly agreed in December to kick-start a global process to draft and negotiate an international instrument to strengthen pandemic prevention, preparedness and response, although no meaningful reference to human rights was included by the end of the year. Any such treaty will have only a limited impact unless it is accompanied by a comprehensive reform of global health law and a transformational change in the working of governments within such institutions. In addition, after decades of failure to achieve any consensus, the G20 governments struck a deal on some reform of the global taxation system. This, though flawed and not enough, was a step in the right direction to address one of the most intractable and damaging global issues – corporate tax evasion and aggressive tax avoidance. Amnesty International Report 2021/22 15

CIVIC SPACE Instead of providing room for discussion and debate on how best to meet the challenges of 2021, the continuing trend was for governments to suppress independent and critical voices, with some even using the pandemic as a pretext to shrink further the civic space. During the year, many governments redoubled efforts to impose and/or implement repressive measures to target their critics, with many of these measures framed ostensibly to curb the spread of misinformation about Covid-19. In China, Iran and beyond, authorities arrested and prosecuted individuals who criticized or challenged their Covid-19 responses. Across the globe, governments unduly prevented and dispersed peaceful protests, sometimes using the pretext of regulations to prevent the spread of Covid-19. Several governments, notably in Africa, the Middle East and North Africa and Asia, blocked or heavily restricted access to the internet and social media; in countries like Eswatini and South Sudan, the internet was sometimes disrupted in an effort to derail planned protests. Attacks on journalists, critics and human rights defenders, including those defending the rights of women and LGBTI individuals, were a prominent part of this backlash against free expression. A retrograde trend was the preparation and introduction of new legislation restricting the rights to freedom of expression, association and peaceful assembly. Based on Amnesty International’s monitoring, such legislation was introduced during the year in at least 67 of the 154 countries covered in this report, including Cambodia, Egypt, Pakistan, Turkey and the USA. At the same time, restrictions introduced in 2020 with the stated intention of tackling Covid-19 were maintained even when the public health situation had changed. Human rights defenders and government critics remained vocal and uncowed, although they were assaulted by governments and powerful corporations with a widening array of tools. These included arbitrary detention and unjust prosecution, intimidatory and baseless lawsuits, administrative restrictions and other threats as well as violence, including enforced disappearance and torture. There was increased use of strategic lawsuits against public participation (SLAPPs) to target and harass human rights defenders, including in Kosovo against activists that raised concerns over the environmental impact of Austria-based Kelkos Energy’s hydropower projects. The Andorran government also brought a case for criminal defamation against an activist for speaking out on women’s rights at a UN expert forum. Defenders were arbitrarily detained in at least 84 of the 154 countries monitored by Amnesty International, including 17 of the 19 countries in the Middle East and North Africa. The Americas remained one of the world’s most dangerous regions in which to champion human rights, with scores of human rights defenders killed in at least eight countries. Events in Myanmar and Afghanistan saw human rights defenders face greater violence and intimidation than before, as human rights gains were reversed. In some countries, governments took dramatic steps to close down NGOs and/or media outlets, such as in Russia and the Hong Kong region of China, in actions that might previously have been considered unthinkable. In Afghanistan, more than 200 media outlets were shut down across the country after the Taliban took over. In a particularly brazen attack, Belarus used a fake bomb threat to divert a civilian aircraft so it could arrest an exiled journalist on board. Marginalized groups daring to claim their place in public life and lead human rights struggles faced a particular set of risks and challenges, ranging from discrimination and exclusion, to racist and gender-based attacks, both offline and online. Governments also increasingly used technological tools, including spyware, to target journalists, human rights defenders, political opponents and other critical voices. In a combination of restrictions from the pandemic and ongoing repression, NGOs in many countries, from India to Zimbabwe, faced new challenges in carrying out activities or accessing foreign funding. Attacks on civic space, minority communities and dissenting views were also driven by non- state actors, sometimes armed, sometimes in complicity with states. This was evident In India, Amnesty International Report 2021/22 16

where Dalits, Adivasis and Muslims continued to face widespread abuses and hate crimes. In Brazil, killings of environmental activists by non-state actors continued unabated. In Europe, in a context characterized by increasing racism, islamophobia and antisemitism, minority communities such as Muslims, Jewish people and others often faced rising hate crimes, including in Austria, France, Germany, Italy and the UK. In the face of protests, 2021 saw an increased trend for governments to securitize civic space, criminalizing peaceful assemblies, militarizing their policing, using national security powers in the face of protest movements, and otherwise introducing regulations to crack down on demonstrations. The response to protests by security forces was heavy-handed: Amnesty International documented the use of unnecessary and/or excessive force against demonstrators in at least 85 of the 154 countries monitored, across all regions. Security forces regularly misused firearms and less-lethal weapons, including tear gas and rubber bullets, unlawfully killing hundreds and injuring many more. In some countries there was a continuing trend towards the militarization of state responses to protests, including the use of armed forces and military equipment. Compromised judiciaries failed to prevent or even facilitated attacks against protesters, as well as human rights defenders and other critics. Governments often followed up with arrests and prosecutions, and increasingly used technological means, including facial recognition and other forms of surveillance, to identify protest leaders and participants. GLOBAL NORTH PUSHBACK – REFUGEES AND MIGRANTS There were unfolding mass displacements in 2021 caused by emerging and entrenched crises. Events in places such as Afghanistan, Ethiopia and Myanmar led to new waves of displacement. Thousands continued to leave Venezuela and the ongoing conflict in the Democratic Republic of the Congo alone caused 1.5 million people to leave their homes in 2021. Globally, millions of people continued to flee their countries due to human rights violations related to conflict and violence, inequality, climate change and environmental degradation, with ethnic minorities among those most affected. According to the UNHCR, the UN Refugee Agency, as of mid-2021 there were 26.6 million refugees and 4.4 million asylum seekers worldwide. Most remained in camps for years, for example in Bangladesh, Jordan, Kenya, Turkey and Uganda, many living in constant fear of being returned back to countries they fled seeking safety. At a grassroots level, solidarity grew for people on the move, as seen in an increasing number of countries, now 15, offering some form of sponsorship scheme allowing communities to welcome refugees. Such solidarity was too often woefully lacking, however, at the national and international level. Xenophobic narratives about migration were still allowed to permeate public opinion, especially in the Global North, while domestic policies hardened further. A full dozen countries in the EU called on the bloc’s executive to dilute refugee protection rules. The international community failed to provide adequate support and, worse, restricted access to safe havens. Too often, such people on the move were also subjected to a litany of abuses – and impunity reigned for patterns of widespread violations such as pushbacks, torture and sexual violence. Many governments eschewed their responsibilities to provide protection and violated rights in their attempts to keep refugees and migrants from reaching their territory and averting spontaneous arrivals. The tactic of pushbacks became increasingly normalized, some at new flashpoints such as the Belarus/EU border. US border control officials carried out mass pushbacks of over a million refugees and migrants at the US-Mexico border using Covid-19 public health provisions as a pretext. Similarly, governments increasingly sought to externalize national asylum application procedures (even in the face of flows of refugees whom they claimed to want to support, such as from Afghanistan). Governments also continued a trend of Amnesty International Report 2021/22 17

deploying surveillance and data-driven technologies as means of securitizing and entrenching violence at borders. Such border technology was often used in white-majority countries disproportionately, in a systemically discriminatory manner against people of colour. The situation was also frequently dire for those managing to cross borders. Many authorities continued to unlawfully arrest and indefinitely detain refugees and migrants, often without valid legal grounds or allowing them to challenge the legality of their detention. Some governments also engaged in unlawful deportations; Amnesty International documented credible allegations that refugees or migrants had been unlawfully returned to their countries or pushed across borders in at least 48 of 154 countries monitored in 2021. In Libya thousands were forcibly disappeared following disembarkation by EU-backed Libyan coastguards, while hundreds more were forcibly expelled without due process and left at land borders. Malaysia deported over one thousand people back to Myanmar despite the real risk of persecution and other serious human rights violations. Many governments discriminated unlawfully against people on the move, including refugees and asylum seekers. In Peru, around a million migrants, including half a million regularized asylum seekers, were not able to access rights such as healthcare. However, pressure to prevent widespread labour abuses against migrant workers continued to be catalysed by the spotlight on high-profile projects such as preparations for the 2022 men’s football World Cup in Qatar. This led to further reforms in some countries, although major concerns remained. There were also increasing calls to phase out the detention of migrants, particularly migrant children. RECOMMENDATIONS In order to fulfil their promises, governments and institutions should build their pandemic recovery and crisis response firmly on a human rights framework, and facilitate real dialogue with civil society as partners in reaching solutions. All governments should put in place measures, including legislation, to prevent vaccine developers from impeding access to Covid-19 vaccines. Richer countries in particular must redistribute surplus Covid-19 vaccine stocks to lower-income countries and ramp up debt relief to facilitate economic recovery. Pharmaceutical companies should prioritize deliveries where they are needed the most. Social media companies must take concrete action to respond adequately to the dissemination of false or misleading information. Governments should stop using the pandemic as an excuse to silence independent reporting and debate and urgently lift all undue restrictions on the rights to freedom of expression, association and peaceful assembly. In tandem, governments should adopt or expand laws ensuring the creation of a safe and enabling environment for people to come together for the defence and promotion of human rights, and repeal or amend legislation which hinders the legitimate activity of NGOs, including seeking, receiving and utilizing funding. It is also crucial that governments revoke regimes that require prior authorization to hold peaceful assemblies, and ensure that emergency and other restrictive measures adopted during the pandemic do not become the “new normal”. They should impose tighter controls on the export and import of equipment that can have a legitimate law enforcement function but be readily misused, like batons, tear gas, pepper spray and rubber bullets. Governments must fulfil their obligation to protect people seeking international protection, respect and safeguard their rights and enable them to remain in their territory, in decent conditions, until a durable solution is found. They should stop pushbacks and externalization, and support community sponsorship. Governments must end abuses including discrimination against migrants, stop detaining migrant children, and deepen reforms to end labour abuses. Amnesty International Report 2021/22 18

AFRICA REGIONAL OVERVIEW Civilians continued to pay the price of protracted armed conflicts in Africa. Parties to the conflicts in Burkina Faso, Cameroon, the Central African Republic (CAR), the Democratic Republic of the Congo (DRC), Ethiopia, Mali, Mozambique, Niger, Nigeria, Somalia and South Sudan committed war crimes and other serious violations of international humanitarian and human rights law. In certain cases, such violations amounted to crimes against humanity. The pursuit of justice for victims proved largely to be elusive. Conflicts displaced millions, yet the humanitarian and security situations in refugee and internally displaced people (IDP) camps remained precarious. As conflicts raged, the Covid-19 pandemic tore through Africa with a devastating impact on human rights. Governments’ efforts to stem its tide were hindered by the global vaccine inequality created by pharmaceutical companies and wealthy nations. By the year’s end, less than 8% of the continent’s 1.2 billion people had been fully vaccinated. The pandemic led to school closures and disruption to learning, with children in conflict-affected countries experiencing additional difficulties in accessing education. In several countries, forced evictions were carried out regardless of the pandemic, leaving tens of thousands homeless. Measures to curb the spread of Covid-19 provided governments with a justification for repressing the right to dissent and other freedoms. Many governments banned peaceful protests, citing health and safety concerns. When people defied bans and poured onto the streets, security forces used excessive force to break them up. Authorities also continued to silence human rights defenders or to criminalize them. Governments took measures to close civic space and curtail media freedom, and weaponized sedition, terrorism and criminal defamation laws. Gender discrimination and other forms of inequality remained entrenched in African countries. Major concerns included spikes in gender-based violence, limited access to sexual and reproductive health services and information, early and forced marriages, and the exclusion of pregnant girls from schools. Meanwhile, LGBTI people faced harassment, arrest and prosecution for their real or perceived sexual orientation or gender identity. Several countries were particularly affected by drought aggravated by climate change, while concerns relating to environmental degradation emerged in others. UNLAWFUL ATTACKS AND KILLINGS Targeted attacks on civilians and civilian infrastructure were pervasive in every conflict in the region. In Cameroon’s Far North region, Boko Haram and the Islamic State in West Africa (ISWAP) had killed at least 70 civilians in around 51 attacks by 24 October. In CAR, national forces and their allies targeted a mosque in February, killing 14 people. The UN Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) said that 228 civilians were killed between June and October as a result of the conflict. In Ethiopia, the Tigray People’s Liberation Front (TPLF), national security forces, and militia groups were responsible for the massacre, in many cases based on ethnic identity, of hundreds of civilians, including in the towns of Bora, Edaga Berhe and Adi-Goshu. In Niger, the Islamic State in the Greater Sahara (ISGS) attacked villagers and traders in the Tillabéri and Tahoua regions. Three such attacks between January and March resulted in at least 298 Amnesty International Report 2021/22 19

civilian deaths. In North East Nigeria, Boko Haram and ISWAP carried out at least 30 attacks causing more than 123 civilian deaths. Indiscriminate attacks that killed and injured civilians were also common in each of the region’s conflicts. In CAR, improvised explosive devices killed at least 15 people in the first half of the year. In Ethiopia, an airstrike by the Ethiopian military on a market in Edaga Selus village in Tigray killed more than 50 civilians and wounded many more. Similarly, an artillery attack, allegedly by TPLF forces, killed six people in a residential area in Debre Tabor town in Amhara region. In Mozambique’s Cabo Delgado conflict, the Dyck Advisory Group, a private military company hired by the government as a quick reaction force, fired machine guns and dropped explosives indiscriminately from their helicopters, often failing to distinguish between civilian and military targets. In North East Nigeria, at least 16 people were killed and 47 injured in February when Boko Haram fired rocket-propelled grenades on parts of Maiduguri city, Borno state. In September, nine people were killed and several injured during a military air strike in Buwari village, Yobe state. In Somalia, the UN documented 241 civilian deaths and 295 injuries between February and July. The armed group, Al-Shabaab, caused 68% of the casualties during indiscriminate attacks; the rest were attributed to state security forces, clan militias, and international and regional forces including the African Union Mission in Somalia. Almost all actors involved in Africa’s armed conflicts deployed sexual violence as a war tactic. In CAR, MINUSCA documented 131 such cases, including 115 rapes, between January and June. In DRC, conflict-related sexual violence remained widespread – at least 1,100 women were raped in North Kivu and Ituri alone between January and September, according to the UN. In Ethiopia, parties to the conflict committed widespread rape against women and girls in Tigray and Amhara. In South Sudan, the UN estimated that state security forces and non-state armed actors committed at least 63 incidents of conflict-related sexual violence, including rape, gang rape and forced nudity. In Niger, members of the Chadian contingent of the G5 Sahel raped two women and an 11-year-old girl in April in Tera, Tillabéri region. Blockades and restrictions on humanitarian access were also used as a war tactic in some conflicts. In Burkina Faso, the Group for the Support of Islam and Muslims (GSIM) blockaded Mansila town, Yagha province, causing food insecurity among the population. In Mali, GSIM blockaded many villages and communities, restricting villagers’ free movement and access to farmland and water, to force them to cease collaboration with the army. Denial of, and restrictions to, humanitarian access by armed groups and vigilante groups or governments continued in Cameroon, DRC, Ethiopia and South Sudan. This contributed to leaving over 5 million people in Ethiopia, 19.6 million in DRC, and 8.3 million in South Sudan in dire need of humanitarian assistance according to UN estimates, particularly food and medicine. In several countries, many people were killed in spates of inter-communal violence and political unrest. In Cameroon, people, healthcare facilities and schools in anglophone Northwest and Southwest regions were targeted by suspected armed separatists. These abuses happened in the context of growing inter-communal tensions. In Ethiopia, ethnic violence claimed at least 1,500 lives in Afar, Amhara, Benishangul-Gumuz, Oromia and Somali regions. In Nigeria, inter-communal violence between herders and farming communities, as well as attacks by bandits, resulted in more than 3,494 deaths. In South Africa, violence triggered by former president Jacob Zuma’s arrest resulted in at least 360 deaths. IMPUNITY In almost every country, perpetrators of crimes under international law, and other serious human rights violations and abuses, enjoyed impunity. In Burkina Faso, two members of armed group Ansaroul Islam were convicted on terrorism-related charges, but no significant progress was made in the investigation into the unlawful killing in 2019 of 50 people and the Amnesty International Report 2021/22 20

enforced disappearance of 66 others, allegedly by the armed group Koglweogo in Yirgou village, Sanmatenga province. In CAR, the Special Criminal Court announced that it had issued 25 arrest warrants, but none of them have been successfully implemented to date. While the government established a Commission of Inquiry to investigate violations committed by all parties since the beginning of the offensive by armed group Coalition of Patriots for Change (CPC), it did not make its report or next steps public. In DRC, at least 80 army and police officers were prosecuted in North Kivu, South Kivu, Ituri, Tanganyika and Kasaï provinces for serious crimes including sexual violence. Former Congolese warlord Roger Lumbala was arrested by French authorities over war crimes and crimes against humanity. However, many other perpetrators of crimes under international law in DRC continued to enjoy impunity. In Mali, trials on terrorism charges took place but there were concerns about whether they met international fair trial standards. Meanwhile, there was little progress in the investigation of crimes under international law committed by armed groups and the military. In Rwanda, Jean-Claude Iyamuremye, accused of being a leader of the Interahamwe militia in Kicukiro commune during the 1994 genocide, was convicted of genocide and sentenced to 25 years in prison. Two genocide suspects were extradited from the USA to Rwanda to stand trial while another suspect was extradited from the Netherlands. In South Sudan, the government seemingly prioritized truth over trials, continuing to delay and block the establishment of the Hybrid Court for South Sudan. In Sudan, the year ended without anyone being held accountable for the killing of at least 100 protesters on 3 June 2019. Authorities also continued to fail in their obligation to transfer Omar al Bashir and two other suspects to the ICC to answer charges of crimes against humanity, genocide and war crimes in Darfur. ECONOMIC, SOCIAL AND CULTURAL RIGHTS RIGHT TO HEALTH The Covid-19 pandemic continued to tear through Africa with a devastating impact on human rights. Nearly 9 million cases and more than 220,000 deaths were recorded during the year. South Africa remained the epicentre of the pandemic, in terms of reported cases and deaths. Governments’ efforts to stem the tide of Covid-19 were hindered by inequality in the global distribution of the vaccine, created by pharmaceutical companies and wealthy nations. Pharmaceutical companies prioritized delivering vaccines to high-income countries, who in turn stockpiled more doses than they could use. Rich countries also blocked attempts to increase supplies to low and middle-income countries by supporting the temporary waiver of intellectual property rights and increased sharing of technology and know-how. Covid-19 vaccines were mainly supplied to African countries through the COVAX facility, the Africa Vaccine Acquisition Trust and bilateral donations. Too often, supplies were insufficient, or their arrival times unpredictable, making it hard for governments to build trust among their populations and structure effective roll out campaigns. In countries like DRC, Malawi and South Sudan vaccine deliveries arrived with short expiry dates forcing authorities to destroy supplies or return the bulk for reallocation to other countries. Supply problems made it more difficult to ensure vaccines reached vulnerable groups, including older people and those with chronic conditions. Internal factors impeding effective vaccination programmes in Africa included inequality, vaccine hesitancy and national insecurity. Less than 8% of Africa’s 1.2 billion people were fully vaccinated at the year’s end, the lowest rate in the world and a far cry from the WHO’s 40% vaccination target. The Covid-19 pandemic continued to highlight the region’s chronic lack of investment in health sectors over many decades. The already inadequate healthcare systems in most Amnesty International Report 2021/22 21

countries were severely strained, especially during the pandemic’s third wave. In Somalia, only one hospital in Mogadishu, the capital, handled all Covid-19-related cases across south central regions for much of the year. With about 91% of their beds occupied during July, private and public hospitals in the Gauteng province of South Africa struggled to cope. In Congo, DRC, Nigeria and Togo, health workers went on strike or organized sit-ins to denounce dysfunctional health systems or to demand months of unpaid salaries. Allegations of corruption, including in relation to Covid-19 funds, further undermined health sectors in many countries, including Cameroon and South Africa. RIGHT TO EDUCATION School closures and other disruptions to learning due to the pandemic remained a major concern. In Chad, girls’ enrolment in secondary schools fell from 31% in 2017 to 12% in 2021 due to school closures and high rates of early and forced marriage. In South Africa, approximately 750,000 children had dropped out of school by May, over three times the pre- pandemic number of 230,000. In Uganda, where schools began a phased reopening in February but closed again in June, the National Planning Authority predicted that more than 30% of learners would not return to school. Children in conflict-affected countries experienced unique and profound difficulties in accessing education. In Burkina Faso, Cameroon and Niger, Boko Haram, GSIM, ISGS and other armed groups continued to prohibit “western education” and committed war crimes by attacking schools. Meanwhile, threats and violence continued to deter teachers from going to work. In Burkina Faso, UNICEF reported that 2,682 schools remained closed, affecting 304,564 students and 12,480 teachers. In CAR, the CPC attacked or occupied at least 37 schools between January and June. In Niger, 377 schools in the Tillabéri region had closed by June, by which time over 50% of seven-to-16-year-olds nationwide were not enrolled in schools, according to UNICEF. RIGHT TO HOUSING Despite the Covid-19 pandemic, forced evictions were recorded in several countries, leaving tens of thousands homeless. In Ghana, Kenya and Nigeria, forced evictions were mainly carried out in urban centres, involving the demolition of hundreds of homes built on what the respective governments called illegal settlements. Other forced evictions in the region were driven by economic interests. In Uganda’s Kiryandongo district, more than 35,000 people were forcibly evicted from their homes to make way for industrial farming projects. In Zimbabwe, thousands of villagers were driven from their land in Chisumbanje to allow a fuel company to expand its sugarcane fields. On a positive note, courts in Kenya and Uganda affirmed the right to housing and condemned forced evictions. The Supreme Court of Kenya ruled that the 2013 eviction of residents of City Carton, an informal settlement in Nairobi, the capital, violated their right to housing. The Constitutional Court of Uganda found that the Wildlife Authority had illegally evicted the Batwa Indigenous people from their ancestral land in the Mgahinga forest in the south-west. REPRESSION OF DISSENT PROTESTS AND THE USE OF EXCESSIVE FORCE Measures to curb the spread of Covid-19 provided a pretext for the repression of peaceful dissent and other rights which continued unabated across the region. The first instinct of many governments was to ban peaceful protests, citing health and safety concerns, including in Amnesty International Report 2021/22 22

Cameroon, Chad and Côte d’Ivoire. Meanwhile, in countries like Eswatini and South Sudan, organizers were arrested beforehand, and the internet disrupted in what may have amounted to efforts to derail planned protests. Security forces used excessive force to break up peaceful protests of hundreds or thousands of people who defied bans. In over 12 countries, including Angola, Benin, Chad, Eswatini, Guinea, Nigeria, Sierra Leone and Sudan, many people died when security forces fired live ammunition. In Eswatini, the violent dispersal of pro-democracy protests that began in May resulted in 80 deaths and more than 200 injuries by October. In Sudan, at least 53 people died when security forces used live ammunition to disperse protests against the October military coup. Peaceful protesters also faced arbitrary arrest and prosecution. In Chad, at least 700 people protesting against the electoral process and later against the establishment of the transitional government were arrested. In DRC, three activists arrested in North Kivu for organizing a peaceful sit-in to protest mismanagement in a local healthcare administration remained in detention. In Eswatini, at least 1,000 pro-democracy protesters, including 38 children, were arbitrarily arrested. HUMAN RIGHTS DEFENDERS AND FREEDOM OF ASSOCIATION The defence of human rights remained an act of courage. Authorities sought to silence human rights defenders or to criminalize them. Along with opposition activists, they were arrested and judicially harassed in many countries, including Benin, Congo, DRC, Eswatini, Kenya, Niger, Rwanda, Senegal, Tanzania, Zambia and Zimbabwe. In DRC, two whistleblowers were sentenced to death in their absence after they revealed financial transactions made for the benefit of individuals and entities under international sanctions. In Rwanda, Yvonne Idamange, a YouTuber, was sentenced to 15 years in prison for criticizing government policy. Authorities in Congo, Niger, Zambia and elsewhere used criminal defamation laws to intimidate and muzzle critics. Trumped-up charges were brought against critics under Eswatini’s terrorism and sedition laws. Some human rights defenders paid the ultimate price. Joannah Stutchbury, an environmental activist in Kenya, was shot dead at her home in July after receiving death threats. Two journalists were also killed in Somalia. Laws and policies to restrict the space for NGOs were introduced or implemented in several countries. In Togo, the government suspended the granting and renewal of NGO licences. The Ugandan government ordered the immediate suspension of 54 organizations for allegedly failing to comply with NGO legislation. In Zimbabwe, NGOs were directed to submit work plans to authorities before carrying out activities in Harare, the capital. The High Court ruled that the directive was unconstitutional. Subsequently an amendment to the Private Voluntary Organizations Act regulations, allowing for the closure of organizations suspected of funding, or campaigning for, politicians during elections was gazetted. MEDIA FREEDOM Governments continued to curtail media freedom. In Angola, Burkina Faso, DRC, Madagascar, Senegal, Tanzania, Togo and elsewhere newspapers and radio and TV stations were suspended. In some countries, such as Ghana and Zambia, authorities stormed media houses disrupting live programmes and destroying property. In Zambia, for example, unidentified people set fire to Kalungwishi radio station in Chiengi district in June. In Nigeria, media organizations staged a campaign tagged “Information Blackout” to protest against two bills which threatened to tighten media regulation and undermine access to information. Internet disruptions and shutdowns and suspension of social media were recorded, including in Eswatini, Niger, Nigeria, Senegal, South Sudan, Sudan, Uganda and Zambia. In June, Amnesty International Report 2021/22 23

Nigerian authorities suspended Twitter after the site deleted a controversial tweet from President Buhari for violating its community rule. RIGHTS OF REFUGEES, MIGRANTS AND INTERNALLY DISPLACED PEOPLE Conflicts that raged across the region continued to displace millions from their homes, including 1.5 million people in DRC during 2021, bringing the total number of IDPs in the country to 5 million. In Somalia, where more than 2.6 million people were internally displaced in previous years, 573,000 people fled their homes between January and August. Most of the region’s refugees were hosted by a handful of countries, including Cameroon, Chad, DRC, Ethiopia, Kenya, Niger, Rwanda and Sudan while Uganda had the largest refugee population in Africa with over 1.5 million. Paradoxically, some host countries, such as DRC and Ethiopia, also produced large numbers of refugees. The humanitarian and security situations in nearly all the region’s refugee and IDP camps remained precarious. Lack of adequate access to food, water, education, health and housing, sometimes because of blockades and restrictions of humanitarian access, was common. In March, the Kenyan government gave UNHCR, the UN refugee agency, a 14-day ultimatum to close the Kakuma and Dadaab refugee camps. The threat was later retracted, and the closure of the camps postponed to June 2022. In Niger, ISGS attacked settlements inhabited by Malian refugees in Intikane, Tahoua region, killing dozens of people. In Tanzania, the police and intelligence services, in cooperation with the Burundian intelligence services, continued to use violence, arbitrary arrests, strict encampment policies and threats of deportation to pressure Burundian refugees to leave the country. DISCRIMINATION AND MARGINALIZATION WOMEN’S AND GIRLS’ RIGHTS Gender discrimination and inequality remained entrenched in African countries. Major concerns documented in the region included spikes in gender-based violence, limited access to sexual and reproductive health services and information, the persistence of early and forced marriage, and the exclusion of pregnant girls from schools. Restrictive lockdown measures enforced by governments to curb the spread of Covid-19 contributed to soaring rates of sexual and gender-based violence across the region. Gender- based violence reached crisis levels in South Africa where official crime statistics showed a 74.1% increase in all sexual offences. There were also at least 117 cases of femicide in the first half of the year. Specific cases of gender-based violence in the region triggered public outrage and calls for action. Women in Chad protested in the streets against sexual violence and a culture of impunity for perpetrators after the gang rape of a 15-year-old girl was filmed and shared on social media. In South Africa, the killing of Nosicelo Mtebeni, a 23-year-old law student, by her boyfriend led to a public outcry. Her body was dismembered and placed in a suitcase and in plastic bags. While gender-based violence spiked, access to protection and support services for survivors, as well as to sexual and reproductive health services and information, remained limited across the region. Early and forced marriages persisted in many countries. In Namibia, it emerged that a four-year-old’s parents had married her to a 25-year-old man when she was two. In Amnesty International Report 2021/22 24

Equatorial Guinea, a ban on pregnant girls attending school continued. In Tanzania the Ministry of Education announced in November that it would lift a similar ban. Legislative proposals to address specific forms of gender discrimination were introduced in Côte d’Ivoire and Madagascar. In Sudan, the cabinet approved the country’s ratification of the Maputo Protocol and CEDAW. Other positive reports included a judgment in favour of survivors of sexual and gender-based violence in Nigeria and the presidential pardon of 10 girls and women who were released from prison for abortion-related offences in Rwanda. PERSONS WITH ALBINISM In Eastern and Southern Africa, persons with albinism and their families continued to live in fear for their lives. Violent attacks against persons with albinism were recorded in Malawi where a man was killed in February and the body of another was found in August. In Zambia, two children, aged two and nine, were mutilated in separate attacks in June and July. LGBTI PEOPLE’S RIGHTS LGBTI people continued to face harassment, arrest and prosecution for their real or perceived sexual orientation or gender identity. In Benin, three transgender women were forced to undress before being beaten and robbed by a group of men in Cotonou; the attack was filmed and shared on social media. Filmed attacks on LGBTI people were also common in Senegal, where conservative groups organized a protest calling for the criminalization of consensual same-sexual relations. In Cameroon, two transgender women accused of such acts were sentenced to five years’ imprisonment but released pending appeal. In Namibia, police accused a transgender woman of faking her identity to avoid prosecution and subjected her to transphobic harassment in custody. A new law in Taraba state, Nigeria, contained a provision for life imprisonment for transgender people. In Kenya’s Kakuma and Dadaab refugee camps, LGBTI refugees were routinely harassed and attacked. Chriton Atuherwa’s death, after suffering severe burns from an arson attack in Kakuma camp, illustrated the government’s inadequate protection of LGBTI refugees from homophobic attacks. In Cameroon, police officers raided the offices of Colibri, an HIV/AIDS prevention and treatment group in Bafoussam, West region, and arrested 13 people on charges related to consensual same-sexual conduct before releasing them days later after they were forced to undergo HIV tests and anal examinations. In Ghana, where a bill further criminalizing LGBTI people was introduced in parliament, the LGBTI+ Rights Ghana offices were searched and closed by police officers. Police also arrested 21 LGBTI activists for unlawful assembly during a training session. Charges against them were later dismissed. The Malagasy interior ministry suspended an annual LGBT event. On a positive note, the Botswana Court of Appeal upheld a high court judgment that declared a law criminalizing consensual same-sexual relations unconstitutional; in Uganda, Cleopatra Kambugu announced that she was the first trans woman to obtain a Ugandan identification card and passport recognizing her female gender. CLIMATE CHANGE AND ENVIRONMENTAL DEGRADATION Several countries in the region were particularly impacted by drought aggravated by climate change. In Angola, low rainfall caused the worst drought in 40 years. Malnutrition peaked due to lack of food, safe water and adequate sanitation, with women, children and older people disproportionately affected. Southern Madagascar was affected by severe drought impacting those reliant on subsistence agriculture, livestock and fishing as their main sources of Amnesty International Report 2021/22 25

livelihood. In South Africa, a drought disaster was declared in the Eastern Cape, Northern Cape and Western Cape provinces in July. Concerns relating to environmental degradation emerged in several countries, including Botswana, Congo, DRC, Ghana, Namibia and South Africa. In Botswana and Namibia, oil exploration licences continued to be granted in environmentally sensitive areas in the Okavango River basin to Canadian-based mining company ReconAfrica, despite their adverse impact on climate change and on the rights of local residents, including Indigenous peoples, a point also made by the UNESCO World Heritage Committee. Extensive pollution was caused to the Tshikapa and Kasaï rivers and their tributaries in southern DRC. The government said the pollution was caused by a spillage upstream from a diamond mining and processing company based in northern Angola. The disaster led to at least 40 deaths, hundreds of cases of severe diarrhoea, and wiped-out aquatic life. RECOMMENDATIONS Despite some positive developments, 2021 was a difficult year for human rights in Africa. African governments and relevant non-state actors must take bold actions to address the many concerns that arose during the year, as follows: All parties to armed conflicts must protect civilians, not least by ending targeted and indiscriminate attacks on civilians and civilian infrastructure. This includes taking all steps to ensure that refugees and internally displaced people are protected and given full access to humanitarian aid, including food, water and shelter. Governments must bolster efforts to fight impunity by undertaking thorough, independent, impartial, effective and transparent investigations into crimes under international law and by bringing suspected perpetrators to justice. In the absence of adequate Covid-19 vaccine supplies, governments should continue to prioritize the vaccination of groups at most risk, as well as those in hard-to-reach areas. They must cooperate at regional and international levels to strengthen their national healthcare systems and provide transparent information about health budgets. Governments must immediately take action to protect women’s and girls’ rights to equality, health, information, education, and to allow them to live free from gender-based violence and discrimination, including by ensuring that survivors of such violence, during the Covid-19 restrictions, continue to have access to police protection and justice, to shelters, helplines and community support services. Governments must end the harassment and intimidation of human rights defenders and activists, drop all charges against those facing prosecution, and immediately and unconditionally release those who are arbitrarily detained or imprisoned. They must respect media freedom, including by ensuring that media outlets can operate independently. Amnesty International Report 2021/22 26

AMERICAS REGIONAL OVERVIEW Even before the Covid-19 crisis, the Americas had the highest rates of income inequality of any region in the world. The continent’s uneven economic recovery during the year made little impact on the wide-ranging consequences of decades of structural inequality. Despite implementing various programmes to tackle the consequences of the pandemic, many governments failed to protect the social, economic and cultural rights of their most vulnerable populations – and often undermined them further with discriminatory policies and practices. In 2021, 1.5 million people lost their lives due to Covid-19 in the Americas, which continued to have the world’s highest per capita death toll from Covid-19. Limited and unequal access to healthcare was a major cause, compounded by poorly funded health systems, inadequate social protection policies and measures for marginalized communities, and a lack of adequate access to vaccines. The impact of the pandemic on Indigenous peoples was made particularly acute by ongoing inadequate access to sanitation, health services and social benefits. Many governments did not do enough to prioritize sexual and reproductive health. Essential services were lacking and access to abortion services remained criminalized in most countries. Violence against women and girls remained a major concern throughout the region. Investigations into cases of gender-based violence, including domestic violence, rape, homicide and femicide, were often inadequate. The right to freedom of expression was under threat in several countries, with dozens of journalists and government critics threatened, censored, attacked and detained. Police and other security forces cracked down on peaceful protests in many countries with excessive use of force, arbitrary detentions and, in some cases, unlawful killings. Impunity for these and other human rights violations and crimes under international law remained a serious concern in more than half the countries in the region. Attacks on judicial independence also increased. Tens of thousands of people fled their countries due to human rights violations related to violence, poverty, inequality and climate change. However, many governments continued to prohibit the entry of refugees, asylum seekers and migrants, and violated international law by forcibly returning, without proper consideration of their claims, those who did make it across borders. The landmark Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) finally came into force in April. However, acts of environmental destruction continued in many countries and the Americas remained one of the world’s most dangerous regions for those defending environmental and human rights. ECONOMIC, SOCIAL AND CULTURAL RIGHTS Despite an upturn in economic growth during the year, these gains were insufficient to reverse the 2020 economic downturn, which saw record unemployment, falling incomes and increases in poverty and inequality. In Argentina, Brazil, Guatemala, Haiti, Nicaragua and Venezuela the hardship was particularly severe. By June, 40.6% of the Argentine population was living in poverty. In Brazil, 56% of the population faced food insecurity. In Haiti, nearly half of the population was in need Amnesty International Report 2021/22 27

of food assistance. And in Venezuela, 94.5% of the population was living in income poverty and 76.6% in extreme poverty. Inequality and discrimination remained prevalent region-wide. According to the UN Economic Commission for Latin America and the Caribbean (ECLAC), the average unemployment rate for women in the region was 12.7% compared to 9.7% for men. Many governments failed to protect the social, economic and cultural rights of those in the most vulnerable situations and some even further undermined them. For example, forced evictions increased in Paraguay – particularly among Indigenous and rural communities – without effective judicial remedies or the offer of resettlement alternatives. According to the Zero Eviction campaign, 23,500 Brazilian families were evicted from their homes between March 2020 and October 2021, during the pandemic. In the USA, the Supreme Court struck down efforts to extend a federal moratorium on evictions. In Venezuela more than 3,000 protests took place in the first half of the year as the country’s food distribution system failed to meet nutritional needs and access to medical assistance, drinking water, food and fuel further deteriorated. RIGHT TO HEALTH The pandemic continued to have a devastating impact in many countries where access to healthcare and vaccines was limited and unequal. With 2.3 million deaths from Covid-19 since the beginning of the pandemic, the region accounted for 45% of the global total of deaths, despite representing just 13% of the world’s population. Widespread neglect and underfunding of public health services was a major reason for the scale of the crisis. In several countries, the number of doctors and nurses per capita was far below the threshold that the WHO considers necessary for delivering basic health services in the world’s poorest countries. In Venezuela, there was a lack of protective equipment and local NGOs reported that more than 800 health professionals had died from Covid-19 since March 2020. A chronic lack of oxygen and insufficient hospital capacity contributed to Peru becoming the country with the highest number of deaths per capita in the world. In Brazil, President Jair Bolsonaro responded to the Covid-19 pandemic with a mixture of denial, negligence, opportunism and contempt for human rights. By late August, over half of the population of North America was fully vaccinated against Covid-19 – compared to just a quarter in Latin America and the Caribbean. A month later, data science company Airfinity estimated that developed countries were sitting on over 500 million surplus vaccine doses. Some higher-income countries actively blocked the expanded production of vaccines. By the end of the year, Canada had still not granted a compulsory licence for the Canadian pharmaceutical company Biolyse to produce 20 million doses of the Johnson & Johnson vaccine, with the first 15 million going to Bolivia. By the end of the year, overall vaccination coverage was similar in North and South America, with over half of the population fully vaccinated. However, there remained considerable disparity between countries in the region. While Canada, Chile and Uruguay had fully vaccinated three quarters or more of their population, Guatemala and Venezuela had only reached a fifth of their population, while Nicaragua and Haiti had only reached less than 6% and 1% respectively. Government vaccination programmes frequently overlooked or actively excluded those at risk of Covid-19, including, in many cases, migrants and refugees. Many countries failed to create Amnesty International Report 2021/22 28

special protocols to ensure culturally appropriate vaccination programmes tailored for Indigenous peoples. In some cases, health workers were excluded from vaccination programmes. For example, in Nicaragua, health workers only started being vaccinated in May – long after others; some media reports pointed to favouritism in vaccinating government supporters first, regardless of their risk profile for Covid-19. SEXUAL AND REPRODUCTIVE RIGHTS Many governments did not do enough to prioritize sexual and reproductive health. Essential services were lacking and safe abortion services remained criminalized in most countries. The Dominican Republic, El Salvador, Haiti, Honduras, Jamaica and Nicaragua maintained total bans on abortion. Despite Argentina’s landmark decriminalization and legalization of abortion within the first 14 weeks of pregnancy at the end of 2020, other countries failed to follow suit. In Chile, a bill decriminalizing abortion within the first 14 weeks of pregnancy was rejected. In Colombia, the Constitutional Court failed to decide on a case of decriminalization of abortion filed by Causa Justa, a broad coalition of NGOs. In the Dominican Republic and El Salvador efforts to decriminalize abortion under much more limited circumstances failed to receive legislative approval. In Honduras, in January, Congress passed a constitutional reform making it harder to remove the bans on abortion and same-sex marriage – although a challenge to the total ban on abortion was pending before the Supreme Court of Justice at the end of the year. In the USA, state governments introduced more abortion restrictions in 2021 than in any other year. In Texas, a near-total abortion ban was enacted, criminalizing abortion as early as six weeks into pregnancy. A rare example of limited progress was the decision in April by Ecuador’s Constitutional Court to decriminalize abortion on the grounds of rape. INDIGENOUS PEOPLES’ RIGHTS Indigenous peoples in the Americas continued to face inadequate access to their rights to water, sanitation, health and social protection, as well as a lack of culturally appropriate mechanisms to protect their rights to health and livelihoods – all of which exacerbated the impact of the Covid-19 pandemic. The plight of Indigenous peoples in Argentina, Brazil, Bolivia, Canada, Colombia, Ecuador, Nicaragua, Paraguay and Venezuela was particularly acute. In Brazil, Indigenous peoples lacked protection from land invasions, deforestation and mining, as well as the spread of Covid-19. In August, the Articulation of Indigenous Peoples of Brazil submitted an unprecedented statement at the ICC, accusing the Bolsonaro government of genocide and ecocide. In many countries – including Guatemala, Honduras, Mexico, Paraguay, Peru and Venezuela – governments continued to allow major extractive, agricultural and infrastructure projects to proceed without obtaining the free, prior and informed consent of Indigenous peoples affected, and sometimes despite judicial orders to suspend operations. In Bolivia, Chile, Colombia, Nicaragua, Paraguay and Peru, Indigenous peoples were injured and killed in violent attacks and shootings by state security forces or armed civilians. In Canada, the remains of hundreds of Indigenous children buried at former residential schools – established by the Canadian government and administered by churches – were located. Many Indigenous people, associations, organizations and band councils denounced Amnesty International Report 2021/22 29

this as genocide and called for justice. In September, Canada’s Federal Court ordered Ottawa to pay Can$40,000 (approximately US$32,000) to each of approximately 50,000 First Nations children forcibly separated from their families. FREEDOM OF EXPRESSION AND ASSEMBLY The rights to freedom of expression, association and assembly came under threat in several countries in the region. Journalists and government critics were intimidated, harassed, threatened, censored, criminalized or denied access to public information in Brazil, Canada, Cuba, El Salvador, Guatemala, Mexico, Nicaragua, Uruguay and Venezuela. In February, the Inter-American Commission on Human Rights (IACHR) granted precautionary measures in favour of 34 staff members of El Salvador’s El Faro digital newspaper who had been subjected to harassment, threats and intimidation. In Venezuela, several media broadcasts were banned and a leading newspaper was fined for defamation of a high-ranking government official. A local NGO reported more than 290 attacks on journalists. In Colombia, the Foundation for Press Freedom reported 402 attacks on the press documenting the social protests. Following Cuba’s largest demonstration in decades on 11 July, the IACHR received reports of violent attacks on the media by police and government supporters and the arrest of at least 10 journalists. Restrictions, repression and bans on peaceful protest further undermined freedom of expression in Colombia, Cuba, Mexico, the USA and Venezuela. The Colombian government issued measures restricting the movement of transport and people to prevent participation in protests scheduled in various cities on 20 July. In Cuba, hundreds of people were detained during the historic protests on 11 July and in October the government banned another march to call for their release. Meanwhile, US lawmakers in at least 36 states and at the federal level introduced more than 80 pieces of draft legislation limiting freedom of assembly, with nine states enacting 10 such bills into law. EXCESSIVE USE OF FORCE Excessive use of force was employed to repress protests in many countries – including Argentina, Chile, Colombia, Honduras, Mexico, Paraguay, Puerto Rico and Venezuela. The OHCHR verified 46 deaths (44 civilian and two police officers) during Colombia’s National Strike demonstrations in April and May, as well as 49 reports of sexual violence. In Venezuela, the police, military and pro-government armed groups attacked at least 59 protests – resulting in the death of one protester and the injury of seven others. In Mexico, the police used unnecessary and excessive force, arbitrary detentions and even sexual violence to silence women protesting against gender-based violence. In Chile, updated figures from the Public Prosecutor’s Office and the National Institute of Human Rights showed there had been more than 8,000 victims of state agents violence since protests began in October 2019. Excessive use of force in police operations to tackle crime also resulted in significant loss of life. In Brazil, 6 May saw the most deadly operation ever by police in Rio de Janeiro which left 27 residents of the city’s Jacarezinho favela dead. In November, a further nine people died as the result of another police operation in Rio de Janeiro’s Complexo do Salgueiro favela. In November, police in Buenos Aires, Argentina, shot and killed 17-year-old footballer Lucas González in his car as he left a grocery store. Amnesty International Report 2021/22 30

In the USA, at least 888 people were reported killed by police using firearms, with Black people disproportionately impacted. Six US states still had no use-of-force statutes and, of those that did, none complied with international law and standards regarding the use of lethal force. The US Senate also failed to introduce the George Floyd Justice in Policing Act – a bill providing a bipartisan set of proposals to reform certain aspects of policing in the USA. ARBITRARY DETENTIONS AND ENFORCED DISAPPEARANCES Cases of arbitrary detention were reported in many countries including Colombia, Cuba, Mexico, Nicaragua, Venezuela and at the US Naval Base in Guantánamo Bay. According to the Campaign Defending Freedom, 3,275 people were arbitrarily detained in the context of Colombia’s National Strike. The Working Group on Enforced Disappearances recorded that the whereabouts of 327 people disappeared, remained unknown at the end of the year. The Cuban authorities arbitrarily imprisoned hundreds of people for exercising their rights to freedom of expression and peaceful assembly in the context of the 11 July protests. In Nicaragua, in the months leading up to the re-election of President Daniel Ortega in November, police arbitrarily detained or forcibly disappeared dozens of human rights defenders, journalists and government opponents, including seven potential presidential candidates. According to the Venezuelan human rights organization Foro Penal, the country’s security forces arbitrarily detained 44 political activists, students and human rights defenders during the year. Some detainees died in custody, including three whose arbitrary detention was politically motivated. Despite US President Biden’s stated intention to close the detention facility at the US Naval Base in Guantánamo Bay, 39 men remained arbitrarily and indefinitely detained in the facility; 10 could face the death penalty. HUMAN RIGHTS DEFENDERS The Americas remained one of the world’s most dangerous regions in which to defend human rights. Human rights defenders were killed in several countries including Brazil, Colombia, Guatemala, Haiti, Honduras, Mexico, Peru and Venezuela. A report by the NGO Global Witness described Colombia as the country with the highest recorded number of attacks on environmental and human rights workers in the world. Human rights defenders were also subjected to threats, violence, prosecutions, arbitrary detention and unlawful surveillance in Bolivia, Chile, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua and the USA. Venezuela saw one of the sharpest deteriorations in the situation of human rights defenders. According to the Centre for Human Rights Defenders and Justice, in 2021 there were 743 attacks on activists – an increase of 145% compared to 2020. IMPUNITY AND ACCESS TO JUSTICE Impunity for human rights violations and crimes under international law – as well as a lack of access to justice, truth or reparation – remained a serious concern in more than half of the countries in the region. Amnesty International Report 2021/22 31

Judicial independence came under sustained attack in Brazil, Bolivia, El Salvador, Guatemala, Honduras, Nicaragua, Paraguay and Venezuela. For example, in El Salvador, the new Legislative Assembly adopted a series of measures limiting the independence of the judiciary – including the removal of members of the Constitutional Chamber of the Supreme Court of Justice and the Attorney General. In Guatemala members of the judiciary who play key roles in the fight against impunity for cases of serious human rights violations and corruption were removed or prevented from taking up their positions. In the run-up to November’s elections, Nicaragua’s President Daniel Ortega continued to use judicial and legislative bodies to implement repressive tactics, while thousands of victims of human rights violations awaited justice for crimes committed by state agents under his rule. In Venezuela, the justice system played a significant role in state repression of government opponents, while victims of human rights violations and crimes were left unprotected. In November, ICC Prosecutor Karim Khan announced the opening of an investigation into possible crimes against humanity in Venezuela. In Argentina, Peru and Uruguay some progress was made in bringing to justice those suspected of criminal responsibility for crimes under international law committed in the 1970s, 1980s and 1990s. In April, the US government rescinded sanctions against the ICC Office of the Prosecutor personnel that were imposed by the previous administration – though it continued to reject the ICC’s jurisdiction over alleged war crimes committed by US military personnel in Afghanistan, Iraq or elsewhere. VIOLENCE AGAINST WOMEN AND GIRLS Measures to protect women and girls were inadequate throughout the region and investigations into cases of gender-based violence were often flawed. In Mexico, for example, violence against women continued to be widespread. There were 3,427 killings of women registered during the year, of which 887 were under investigation as femicides. Investigations by the State of Mexico Attorney General’s Office into cases of women who disappeared before being killed were seriously flawed. Mexican security forces also used excessive force, arbitrary detentions and sexual violence against women protesters. In Colombia, where the Colombian Femicide Observatory reported 432 femicides in the first eight months of the year, security forces also regularly committed acts of sexual violence against women. Both Paraguay and Puerto Rico declared states of emergency because of increased violence against women. There were also significant increases in violence against women in Peru and Uruguay. In Puerto Rico, 511 cases of domestic violence were filed by May – a sharp increase compared to the same period in 2020. In Peru, 146 women were victims of femicide in 2021, compared with 136 in 2020. Furthermore, 12,084 women disappeared between January and October and 25% of femicides in Peru are previously reported as disappearances. In Venezuela, the Attorney General’s Office announced the existence of 72 prosecutorial offices specialized in criminal investigations into gender-based violence. However, local NGOs questioned their effectiveness and the Centre for Justice and Peace documented 125 femicides between January and June. Amnesty International Report 2021/22 32

LGBTI PEOPLE’S RIGHTS The Americas saw some limited progress in the recognition of the rights of LGBTI people – but overall legislation was blocked and LGBTI people continued to be the targets of discrimination, violence and killings in several countries. Argentina introduced new identity cards recognizing people who identify as non-binary, and in June Congress passed a law to promote the employment of trans people. In the USA, the Biden administration took steps to repeal the previous administration’s discriminatory policies toward LGBTI people. Nonetheless, hundreds of state-level bills were also introduced that would curtail the rights of LGBTI people. Elsewhere in the Americas, LGBTI people faced lethal violence. Brazil’s National Association of Transvestites and Transsexuals reported that 80 transgender people were killed in Brazil in the first half of the year and Colombia’s Transgender Community Network reported that 30 trans people had been killed by November. REFUGEES’ AND MIGRANTS’ RIGHTS Tens of thousands of people – mostly from Guatemala, Haiti, Honduras and Venezuela – fled human rights violations related to violence, poverty, inequality and climate change during the year. Governments – including those of Canada, Chile, Curaçao, Mexico, Peru, Trinidad and Tobago, and the USA – prohibited the entry of refugees, asylum seekers and migrants and forcibly returned those that did make it across their borders without proper consideration of their refugee and asylum claims. US border control officials carried out mass pushbacks of over a million refugees and migrants at the US-Mexico border using Covid-19 public health provisions as a pretext. Canadian immigration detention practices also continued to violate international human rights law, including the rights of people with disabilities and children. Mexico sent thousands of troops to shut down its southern border with Guatemala. Immigration authorities illegally turned back or deported thousands of people to Guatemala and launched major operations in Mexico to intercept and repatriate unaccompanied children, in violation of their rights. Thousands of people – mostly from Venezuela – tried to enter Chile on foot, with at least 20 dying en route. In April, Chile imposed new restrictions on migrants’ ability to regularize their status and hundreds of people were deported in what may have amounted to mass expulsion without due process. In Peru, around a million migrants, including half a million regularized asylum seekers, were not able to access rights such as healthcare. Tens of thousands of Haitian refugees sought international protection, but governments across the region failed to shield them from a range of violations, including detention and unlawful pushbacks, extortion, racial discrimination and other abuses, including gender-based violence by armed groups. FAILURE TO TACKLE CLIMATE CRISIS Despite some positive developments during the year, action on climate change remained limited, in turn undermining human rights across the continent. The Escazú Agreement came into effect on 22 April, but by the end of the year, Cuba and Venezuela had yet to sign it and 12 countries had not ratified it. Amnesty International Report 2021/22 33

In February, the new US administration rejoined the Paris Agreement and sought to reverse hundreds of laws and policies that had been passed during the previous administration to deregulate the environmental and energy sectors. Nevertheless, elsewhere progress on tackling climate change was disappointing. By encouraging deforestation and extraction of natural resources in the Amazon, Brazil’s President Bolsonaro exacerbated the impact of the climate crisis on Indigenous peoples’ lands and territories, leaving a legacy of environmental destruction. According to the NGO Imazon, the Brazilian Amazon had the highest deforestation rate for the month of August in 10 years. Bolivia passed regulations that incentivized logging and the burning of forests. Canada continued to subsidize the fossil fuel industry. Despite re-engaging with the world on climate change, the new US administration continued to approve oil drilling projects on federal land. th And Mexico, the world’s 11 largest greenhouse gas emitter, failed to present any new emission reduction targets at the UN conference on climate change. RECOMMENDATIONS Governments have a duty to guarantee the right to health without discrimination and should pay particular attention to marginalized groups and others at greater risk from Covid-19. They must guarantee access to economic, social and cultural rights, with special efforts to address the disproportionate impact of the pandemic on those facing multiple forms of discrimination and marginalization, including the violations resulting from the historic marginalization of and discrimination against Indigenous peoples. They must also ensure access to sexual and reproductive rights, including access to safe abortion services. Governments must respect and facilitate the exercise of the rights to freedom of expression and assembly, including ensuring that journalists are able to carry out their legitimate work free of harassment and violence. They must recognize the legitimate work of human rights defenders and create an environment conducive to enabling them to carry out their work in safety and stop responding to social protests or criticism with repression and by resorting to arbitrary detention and enforced disappearance to silence opponents. Governments must ensure that law enforcement protocols and practices are consistent with international standards and that any breaches of such standards are properly investigated and those suspected of criminal responsibility are brought to justice in fair trials before ordinary civilian courts. They must refrain from undermining the independence of the judiciary so that the right to access to justice, truth and reparation can be a meaningful reality for those under its jurisdiction. They must also address the impunity that surrounds violence based on gender or sexual orientation and identity. They must take urgent steps to address violence against women and girls and its root causes and to protect LGBTI people from all forms of violence and eliminate the discrimination that underpins the range of human rights violations they experience. Governments must fulfil their obligation to protect people seeking international protection, respect and safeguard their rights and enable them to remain in their territory, in decent conditions, until a durable solution is found. Amnesty International Report 2021/22 34

ASIA-PACIFIC REGIONAL OVERVIEW Several countries in the Asia-Pacific region descended into full-blown human rights crisis during the year. In Myanmar, widespread opposition to the military coup in February was met by a ferocious response from the military in which hundreds of people were killed and thousands arbitrarily detained. The Taliban takeover in Afghanistan in August was accompanied by war crimes and the abrupt curtailment of women and girls’ hard won fundamental rights and freedoms. In China, crimes against humanity persisted against Muslims living in Xinjiang, and the human rights situation deteriorated, particularly in Hong Kong. Failures over many years to embed respect for human rights and to hold perpetrators accountable for human rights violations directly contributed to these unfolding human rights catastrophes. Many governments continued to use the Covid-19 pandemic as a pretext for clamping down on rights. New laws were enacted in several countries to criminalize the spreading of “fake” or “false” information about Covid-19, and existing laws used to silence critics and prevent and disperse protests. This reflected a growing intolerance of dissent in the region. Controls on the media and internet tightened in many countries. Political opponents and others who criticized government policies or actions were subjected to increasingly harsh restrictions and punishments. Excessive force was frequently used against peaceful protesters, and governments across the region not only failed to protect the rights of human rights defenders, but actively prevented them from carrying out their vital work. Many governments remained ill-prepared to respond to new surges in Covid-19 infections. Their failure to adequately fund health sectors, tackle corruption, and protect rights at work of health workers resulted in thousands of people being denied adequate access to healthcare and avoidable deaths. Beyond Afghanistan, the situation of women and girls worsened in many countries in the context of the pandemic and related restrictions. In the absence of adequate social support, women working in the informal sector were among those plunged further into poverty. Across the region, women and girls continued to face high-levels of sexual and gender-based violence for which there was little or no accountability. Campaigns were waged against LGBTI people in several countries. Across the region, Indigenous people increasingly suffered the effects of environmental degradation. Tens of thousands of people in Afghanistan and Myanmar were forcibly displaced or sought refuge across borders. However, many were unlawfully returned from neighbouring countries to situations where they were at serious risk of human rights violations. Elsewhere, governments refused entry to asylum seekers and detained and ill-treated refugees and migrants. REPRESSION OF DISSENT The space for dissent narrowed in the Asia-Pacific region. The new military government in Myanmar sought to silence opposition to its coup by violently cracking down on country-wide protests, and arresting members of the former ruling party and pro-democracy activists. In the immediate aftermath of its takeover in Afghanistan, the Taliban curtailed media freedoms and used force to break up protests against its policies. In North Korea, anyone considered to be a threat to the country’s leadership or political system was interned in prison or sentenced to Amnesty International Report 2021/22 35

“reform through labour”. Authorities in many other countries harassed, arrested, detained and, in some cases killed, political opponents and others critical of them. FREEDOM OF EXPRESSION Governments continued to justify repressive laws and other measures that unduly restricted freedom of expression as necessary to prevent the spread of disinformation about Covid-19. The government of Malaysia enacted an ordinance giving it unfettered powers to silence critics under the guise of preventing “fake news” about Covid-19. In China, Bangladesh, Fiji and Viet Nam, authorities arrested and prosecuted individuals who criticized Covid-19 responses. Sri Lankan authorities issued threats of disciplinary action against health sector employees who spoke to the media about their concerns on the response there. Independent media came under assault across the region. In Myanmar, the military authorities closed news publications, revoked the licences of media outlets and arrested journalists. Journalists were also detained, beaten and harassed in Afghanistan where new media regulations effectively prohibited any criticism of the Taliban; by October, more than 200 media outlets had closed down. Defamation suits were brought against bloggers and journalists by the Singaporean authorities, and spurious accusations of financial irregularities used to shut down the independent news site The Online Citizen. Indian authorities raided offices of a Hindi-language news daily following its reporting on the mass dumping of bodies of Covid-19 victims along the River Ganges. In the Philippines, the work of journalist Marie Ressa was recognized when she was awarded the Nobel Peace Prize, but she faced decades in jail for pending cases brought against her for her criticism of government. Many governments sought to further control access to and sharing of other online information. The Singapore government enacted a new law that gave it sweeping powers to remove or block online content where “foreign interference” was suspected. New legislation in Cambodia required all internet traffic to pass through an oversight body charged with “monitoring” online activity. In China, the authorities ordered internet service providers to sever access to websites that “endangered national security”, and blocked apps on which controversial topics such as Xinjiang and Hong Kong were discussed. In Pakistan, draconian legislation to censor online content was also enacted. Authorities in many countries also used existing laws to arrest and prosecute dissenting voices, including journalists, activists and educators. In Indonesia, the Electronic Information and Transaction Law, which carries a prison sentence of up to six years, was used against at least 100 people for their legitimate criticisms of official policies or actions. The Chair of Amnesty International India, Aakar Patel, was arrested and charged with “creating communal disharmony” after tweeting concerns about hostility towards the Ghanchi Muslim community. Nepal authorities used the Electronic Transactions Act to arbitrarily detain those who criticized the government and ruling party leaders. After a two-year hiatus, the Thai authorities resumed their use of lèse majesté laws. A former civil servant, who was among over 116 people charged under these laws for criticizing the monarchy, was sentenced to 87 years’ imprisonment. FREEDOM OF ASSEMBLY AND ASSOCIATION Waves of protest took place throughout the region in response to political developments, the mishandling of Covid-19 responses, workers’ rights and other issues. Regulations designed to prevent the spread of Covid-19 were used in some countries to prevent and disperse peaceful protests. In Malaysia, the authorities used Covid-19 control laws and other legislation to further intensify its crackdown on rights to peaceful assembly, including vigils for Covid-19 victims which were arbitrarily dispersed and participants Amnesty International Report 2021/22 36

harassed, arrested and fined. In the Maldives, authorities also cited Covid-related health guidelines to break-up protests, particularly those organized by political opposition groups. In Mongolia, prohibitions on demonstrations under Covid-19 restrictions were also used to arbitrarily disperse peaceful protests and to arrest, detain and fine protest organizers. Excessive force was used against peaceful protesters in at least 10 countries in the region. The military in Myanmar responded to country-wide protests against the coup with extreme violence using lethal tactics and weapons appropriate only for battlefield use against peaceful protesters. The numbers of protesters killed had reached close to 1,400 by years’ end. In India, police used batons in August to beat farmers who were peacefully protesting against contentious farming laws. Security forces in Indonesia used water cannons, rubber batons, and baton rounds to disperse peaceful demonstrations against the renewal in July of the Special Autonomy Law for Papua. Riot police in Thailand repeatedly responded with violence to protests calling for political reform and improved handling of the pandemic, indiscriminately firing rubber bullets and tear gas canisters at short range at protesters, bystanders and journalists. In one incident, several children were injured and one died after live ammunition was used against protesters. Excessive use of force by law enforcement agencies in Pakistan against demonstrations, including in support of Pashtun rights, resulted in scores of people being injured and at least one death. New blows were also struck to the right to freedom of association as governments across the region employed an ever-wider range of measures against political parties and activists, trade unions and NGOs. In Cambodia, mass trials of members of the banned opposition party, the Cambodia National Rescue Party, took place in which nine senior leaders were found guilty in their absence and sentenced to up to 25 years in prison. In Viet Nam, a citizen journalist who had applied to be an independent candidate in National Assembly elections was arrested and sentenced to five years’ imprisonment. The full and chilling effects of Hong Kong’s 2020 National Security Law (NSL) became visible during the year. At least 61 civil society organizations disbanded due to the law, including Hong Kong’s largest professional union. All possibility of organized political opposition effectively ended following the arrest of dozens of opposition party members in January. In October, Amnesty International announced the closure of its two offices in Hong Kong due to the risk of reprisals under the NSL. Pressure on national and international NGOs in India also increased where dozens of organizations working on human rights and environmental-related issues had their licences suspended, registration cancelled or were required to seek government clearance for any funds received or disbursed. In the Maldives, a widely respected NGO, the Maldivian Democracy Network, continued to be investigated by the authorities. HUMAN RIGHTS DEFENDERS Human rights defenders were killed in several countries, including in Afghanistan where they were the target of unlawful killings by non-state actors. Following the Taliban takeover, many fled the country or went into hiding, including commissioners and staff of the Afghan Independent Human Rights Commission. In the Philippines, human rights and environmental defenders were among those accused of links to communist groups, or “red tagged”, which effectively gave security forces licence to kill them. The Chinese authorities intensified their crackdown on human rights defenders. Many were detained for lengthy periods, and reports of torture and other ill-treatment against them was common. Several human rights lawyers and activists detained in previous years remained Amnesty International Report 2021/22 37

missing. Meanwhile, in Hong Kong, 24 people were given prison sentences for peacefully commemorating the victims of the 1989 Tiananmen Square crackdown. Elsewhere, including Bangladesh, Cambodia, India, Indonesia, Malaysia, Mongolia, Nepal, Singapore, Sri Lanka Thailand and Viet Nam, human rights defenders were harassed, threatened, detained, prosecuted and/or imprisoned. In Indonesia, physical assaults, digital attacks, threats and other forms of attack against over 357 human rights defenders were reported during the year. Human rights defenders, journalists and activists were among hundreds of people imprisoned in Bangladesh under the Digital Security Act. In Nepal, police detained 13 activists in October who were peacefully demanding impartial investigations into the death of one woman and the disappearance of another in Banke district. The extent of surveillance of human rights defenders by some governments also became increasingly apparent. In India, where many human rights activists were officially designated “enemies of the state”, a massive unlawful surveillance operation against human rights defenders was revealed. In Viet Nam, an investigation by Amnesty International revealed a campaign of unlawful surveillance targeting human rights defenders both within the country and overseas. In a positive development, Mongolia passed a law that consolidated legal protections for human rights defenders. However, rights activists, including herders working on environmental and land rights issues, continued to face threats, intimidation and prosecution for their legitimate activities. RIGHT TO HEALTH Underinvestment and corruption contributed to the continuing inability of public health sectors in the region to respond adequately to the Covid-19 pandemic. In some countries, severe shortages of staff, beds and equipment meant that Covid-19 patients were unable to access adequate healthcare. This resulted in thousands of preventable deaths, including in India and Nepal, both of which experienced steep surges in infections during the year. In India, as well as the Philippines, there were concerns about lack of transparency or irregularities in the handling of government funds for the pandemic response. Political turmoil in Afghanistan and Myanmar brought already fragile health care systems close to collapse. The suspension of aid to Afghanistan’s health sector by international donors resulted in the closure of at least 3,000 healthcare facilities, including Covid-19 hospitals. In Myanmar, access to healthcare was impeded by numerous attacks on health facilities and personnel. Access to Covid-19 vaccines was problematic in some countries. Authorities in North Korea denied that Covid-19 existed in the country and turned down offers of millions of vaccine doses through the COVAX initiative. Nepal did not receive its expected supply of vaccines, and 1.4 million people had to wait for months to receive a second dose. Misinformation also contributed to low uptake in some countries. In Papua New Guinea for example, where only 3% of the population had been vaccinated by the end of the year, the government failed to provide timely, accessible information about the virus and vaccine programme. Authorities in some countries continued to ignore calls to reduce prison populations to limit the spread of Covid-19. Some 87,000 cases were recorded among detainees in Thailand’s unsanitary and overcrowded prisons. In Pakistan, vaccines were reportedly prioritized for prisoners, and some prisoners in Sindh state were released as a preventative measure. However, prison authorities in other states stopped reporting infection rates among detainees. Harsh lockdown measures also undermined the rights to health and adequate food in some countries. In Viet Nam, residents in Ho Chi Minh City were not permitted to leave their homes Amnesty International Report 2021/22 38

for weeks on end, leaving many in a position of severe food insecurity and hunger. Similar measures were imposed by the authorities in Cambodia in several cities, seriously impacting access by residents to food, healthcare and other essential goods and services. WORKERS' RIGHTS The pandemic continued to place enormous strain on health workers across the region. In many countries they worked in intolerable conditions without adequate protection or remuneration. In Mongolia, health workers were subjected to harassment by the authorities and physical assaults by frustrated and desperate patients. In India, community health workers were not given adequate wages or PPE. In Indonesia, disbursement of incentive payments to health workers in recognition of their work during the Covid-19 pandemic were delayed. The socio-economic impacts of the pandemic and associated restrictions also continued to bite, disproportionality impacting those who were already marginalized, including people who lacked secure employment and regular incomes. In Nepal, for example, Dalits and people living in poverty, including daily wage earners, were hit by the worsening economic situation there. In Viet Nam, women migrant workers, including street vendors, suffered especially severe effects, with many reporting food insecurity and inability to meet other basic needs. REFUGEES’ AND MIGRANTS’ RIGHTS Events in Afghanistan and Myanmar led to new waves of displacement in the region. Following the chaotic evacuation from Kabul airport in August, many fled overland towards Pakistan and Iran, but the Taliban imposed restrictions on departures and border closures compromised their right to seek asylum in third countries. By year end, over one million undocumented Afghans had been returned from Iran and Pakistan, most of them involuntarily. Asylum seekers and migrants from Myanmar were also forcibly returned or refused entry by other countries in the region. Thai border guards pushed back approximately 2,000 Karen villagers who were fleeing military air strikes. Authorities in Malaysia deported over 1,000 people back to Myanmar despite the serious risk of persecution and other human rights violations. The human rights situation in Myanmar also made voluntary repatriations of Rohingya refugees in Bangladesh impossible. However, their rights continued to be restricted in Bangladesh where they were also vulnerable to violence. More than 19,000 were transferred to a remote island, Bhasan Char, where they were denied their right to freedom of movement. In several other countries, refugees and migrants were subjected to prolonged detention and ill-treatment. In Japan, asylum seekers and irregular migrants were held in indefinite detention. An investigation into the death of a Sri Lankan woman in immigration custody there found that her medical care had been inadequate. Australian authorities continued to indefinitely and arbitrarily detain refugees and asylum seekers both within the country and offshore. Detained asylum seekers in New Zealand were subjected to ill-treatment, although in a positive move, the government announced an independent review into the practice of detaining asylum seekers in criminal detention facilities solely on immigration grounds. In countries including Malaysia, Singapore, South Korea, Taiwan and Viet Nam, Covid-19 preventive measures unfairly discriminated against migrant workers. Amnesty International Report 2021/22 39

WOMEN’S AND GIRLS’ RIGHTS There were major setbacks to the rights of women and girls in the region. In Afghanistan, 20 years of progress towards enhanced protection and promotion of women’s rights was rolled back overnight. Women were excluded from representation in the new Taliban administration and prevented from working in many sectors. Girls' access to education was severely restricted, and women human rights defenders, journalists, judges and prosecutors faced threats and intimidation. Protests in support of women’s rights were met with violence by the Taliban. Sexual and gender-based violence, already endemic in many countries of the region, was exacerbated in the context of states’ responses to Covid-19. Increased rates of gender-based violence were reported, for example, in Bangladesh, Fiji, Papua New Guinea and Sri Lanka. Demands for accountability for violence against women and stronger protections made little headway. The Chinese government conducted a smear campaign against exiled women formerly detained in the Xinjiang region who spoke out about sexual violence in so-called “re- education centres”. In Pakistan, a domestic violence bill was passed by parliament but opposition from conservative parties reportedly led the government to request a religious advisory body to review it. In the meantime, lack of accountability for sexual and gender-based violence there remained common. No progress was made in Nepal towards reforming constitutional provisions which denied women equal citizenship rights, or removing overly restrictive statutory limitations for rape. LGBTI PEOPLE’S RIGHTS LGBTI people continued to be persecuted or otherwise face discrimination in law and practice in many countries in the region. Consensual same-sex sexual relations remained criminalized in some countries. Anti-LGBTI campaigns were waged in several countries. In Malaysia over 1,700 people were sent to government-run rehabilitation camps designed to change the “lifestyle” and “sexual orientation” of LGBTI people. Chinese authorities continued their campaign to “clean” the internet of LGBTI representation. Effeminate looking men were banned from appearing on television and the social media accounts of LGBTI organizations shut down. In Afghanistan, the Taliban made it clear that they would not respect LGBTI rights. Small advances were made in the recognition of same-sex marriages in Taiwan, but LGBTI people continued to face discrimination. INDIGENOUS PEOPLES’ RIGHTS Commercial interests and environmental degradation increasingly encroached on the traditions and livelihoods of Indigenous people in the region, and their legal protections were watered down in at least one country. In Bangladesh, Indigenous peoples experienced scarcity of resources because of increasing deforestation and land-grabbing. Indigenous people in Papua New Guinea protested the impacts of deep-sea mining for minerals and metals on their livelihoods and culture. An Indigenous community in Malaysia filed a judicial review against the Selangor state government challenging plans to evict them from their land to make way for a tourism project. In Nepal and Thailand, Indigenous peoples who had been forcibly evicted in previous years were not permitted to return or provided with alternative land or livelihoods. In Fiji, parliament passed amendments to the iTaukei Land Trust Act which removed the requirement for consent for mortgages and leases issued on land owned by Indigenous peoples, leading to protests in which over a dozen people were arrested. Courts in Taiwan took Amnesty International Report 2021/22 40

some steps to realize the rights of Indigenous peoples to their land and traditional hunting practices, but existing legislation still provided inadequate protections. In Cambodia, Indigenous peoples and grassroots forest defenders were denied access to their traditional lands for conservation activities. There and elsewhere, efforts to protect their lands met with arrests and violence. In Indonesia, Indigenous peoples in North Sumatra and Riau provinces were violently assaulted by private security guards employed by paper companies when trying to stop eucalyptus trees being planted on their lands. In the Philippines, Indigenous peoples and Indigenous peoples’ rights activists were arrested and killed. Unknown assailants shot dead a village chief, Julie Catamin, who was a witness in a case relating to a police raid in December 2020 in which Tumandok community leaders were arrested and others killed. In India, Dalit and Adivasi (Indigenous) women remained at particular risk of sexual violence by men from dominant classes. CRIMES UNDER INTERNATIONAL LAW Amnesty International gathered conclusive evidence that the Chinese government committed crimes against humanity, including imprisonment or other severe deprivation of physical liberty, torture and persecution against predominantly Muslim ethnic groups living in Xinjiang. Despite their claims to the contrary, the government continued a campaign of arbitrary mass detention, combined with violence and intimidation to root out Islamic religious beliefs and Turkic Muslim ethno-cultural practices. Parties to the conflict in Afghanistan committed serious violations of international humanitarian law, including war crimes. Ethnic Hazaras were frequently targeted, including during the Taliban offensive and takeover. More than 100 former members of security forces were forcibly disappeared or extrajudicially executed by the Taliban and nine surrendered Hazara soldiers were executed in Daykundi alone. Several massacres by the Taliban of Hazara civilians also took place, including in Ghazni and Daykundi provinces. In Myanmar, the military was responsible for indiscriminate attacks and attacks directed against civilians. It also blocked humanitarian access to internally displaced populations. Two humanitarian workers from Save the Children were among those killed by the military in eastern Kayah State in December. TORTURE AND OTHER ILL-TREATMENT Limited progress was made on preventing torture and other forms of ill-treatment which remained pervasive in a significant number of countries in the region. There were moves in both Pakistan and Thailand to criminalize torture. However, proposed legislation in the latter was not fully consistent with international standards. In Sri Lanka, new regulations issued under the Prevention of Terrorism Act potentially placed detainees at increased risk of torture. Torture and ill-treatment continued to be reported in these and other countries. In Myanmar, the widespread use of torture or other ill-treatment against people detained for their opposition to the coup was documented, in some cases resulting in death. Chinese authorities continued to use torture against detainees in Xinjiang and beyond and prosecuted those who spoke out about their experiences. In Nepal, torture and other ill-treatment were widely used in pretrial detention to extract “confessions” and intimidate detainees. There had yet to be any convictions under the 2017 Criminal Code, which criminalized these practices. Deaths in custody or shortly after release remained all too common in Malaysia, attributable, at least in some cases, to beatings and other ill-treatment sustained while in detention. Amnesty International Report 2021/22 41

IMPUNITY Impunity for serious human rights violations and crimes under international law remained a serious concern in a significant number of countries. Justice continued to be denied to victims of crimes under international law and other grave human rights violations committed during past armed conflicts in Nepal and Sri Lanka. In Nepal, transitional justice mechanisms failed to resolve a single case. Following repeated failures by the Sri Lankan government to advance justice domestically, the UN Human Rights Council adopted a resolution to establish a mechanism to gather evidence of international crimes committed by parties to the conflict. In the absence of domestic-level progress, the International Criminal Court (ICC) proceeded with investigations in two countries. However, its investigation in the Philippines into crimes against humanity committed in the context of the “war on drugs” was suspended while the ICC considered a deferral request from the government. The ICC also resumed investigations In Afghanistan, but by focusing only on acts committed by the Taliban and Islamic State – Khorasan Province, while ignoring war crimes committed by the Afghan government security forces and by US military and intelligence personnel, it risked both its reputation and further entrenching impunity. Australian authorities failed to take any action against members of its Special Forces referred for investigation in 2020 in connection with alleged war crimes committed in Afghanistan. Impunity continued to facilitate human rights violations elsewhere, including in India where enforced disappearances and torture and other ill-treatment were committed on a widespread and systematic basis. In Pakistan, a bill proposing amendments to the Pakistan Criminal Penal Code to criminalize enforced disappearances was presented before parliament but was insufficient to protect against this crime. In Bangladesh, the government denied responsibility or claimed that the security forces were acting in “self-defence” rather than investigating cases of alleged disappearances and unlawful killings. Indonesian security forces continued to commit unlawful killings in Papua and West Papua largely with impunity. RECOMMENDATIONS Despite a few positive developments, the erosion of respect for and protection of human rights continued in the Asia-Pacific region. Afghanistan and Myanmar’s tragic descents into crisis were unsurprising in a region where human rights are too often ignored, governments increasingly intolerant of criticism, discrimination against women and girls and marginalized groups pervasive, and impunity rife. Governments must respect and facilitate the exercise of the rights to freedom of expression, peaceful assembly and association. Laws that limit these rights, including restrictive regulations on media, internet access and NGOs, should be revoked and the arbitrary arrest and detention of government critics ended. The legitimate work of human rights defenders must be respected and protected. Governments must learn lessons from challenges faced in responding to the Covid-19 pandemic and commit to higher levels of investment in healthcare systems and protecting the rights to health. Increased concerted efforts are needed by governments across the region to reverse setbacks to the rights of women and girls in the context of the pandemic, and to tackle sexual and gender-based violence. Pressure must also be intensified on the Taliban government in Afghanistan to reverse its roll-back of rights and freedoms of women and girls. Amnesty International Report 2021/22 42

Governments worldwide should refrain from returning any person to Afghanistan, or Myanmar, regardless of their immigration status, until human rights protections can be guaranteed. Detention of asylum seekers on the basis of immigration status alone must end. Governments must bolster efforts to fight impunity by undertaking thorough, independent, impartial, effective and transparent investigations into crimes under international law and by bringing suspected perpetrators to justice. Full cooperation should be extended to international justice processes. Amnesty International Report 2021/22 43

EUROPE AND CENTRAL ASIA REGIONAL OVERVIEW Authoritarianism was on the march in Europe and Central Asia in 2021. A number of states demonstrated an unprecedented brazenness in their disregard for human rights, which threatened to make human rights commitments a dead letter and turn regional organizations into meaningless forums for empty “dialogue”. In some countries such tendencies were evidenced in continuing state overreach and the erosion of judicial independence, in clampdowns on freedoms and the muzzling of dissenting voices. Human rights defenders across the region faced restrictions, unjust prosecutions and intimidation. Throughout the region xenophobic narratives about migration permeated public opinion, while policy hardened further. The fortification of the EU’s external frontiers continued apace, while many countries openly announced the number of illegal pushbacks at their borders. “Pushback” is an anodyne term for what were frequently horrifically violent practices. A full dozen countries in the EU called on the bloc’s executive to dilute refugee protection rules. Racism against Black people, Muslims, Roma and Jewish people grew. Many countries witnessed a backlash against the Black Lives Matter protests of 2020, fear of migration reinforced prejudices against Muslims, and Roma faced further social exclusion under the Covid-19 pandemic and Jewish people experienced a significant increase in verbal and physical attacks. It was difficult not to see racism in the vaccine and climate policies of European countries towards the rest of the world. By contrast within Europe vaccination rates were relatively high although numbers in some Eastern European and Central Asian countries remained persistently low. Racism often went hand in hand with sexism and homophobia. While some countries marked progress in women’s rights, several continued their backsliding. The authoritarian turn was also marked by legislative initiatives stigmatizing and restricting the rights of LGBTI people. Authoritarian backsliding, combined with the impact of Covid-19 and the Taliban takeover in Afghanistan, may have set women’s and LGBTI rights back decades in some countries. The internal backsliding was accompanied by more aggressive international relations. The aftermath of the conflict between Armenia and Azerbaijan continued to exact a deadly toll. At year’s end Russia had amassed troops on the border with Ukraine; war on the European continent seemed increasingly possible. STATE OVERREACH State overreach and disregard for traditional checks and balances were part of the authoritarian trend. In Russia the country’s main opposition politician, Aleksei Navalny, received a lengthy prison sentence on politically motivated charges and Russia ignored orders by the European Court of Human Rights (ECtHR) to free him. In Belarus the government used a fake bomb threat to divert a civilian aircraft so it could arrest exiled journalist Raman Pratasevich who was on board. A number of governments continued to overstep the limits of legitimate action under the smokescreen of Covid-19, migration “crises”, and combating terrorism/extremism. Thus, Amnesty International Report 2021/22 44

Poland, Lithuania and Latvia declared states of emergency which failed to meet international standards and severely limited media and NGO work at the border. Governments deployed increasingly sophisticated technical means for use against critics. The Pegasus Project revealed that Hungary, Poland, Azerbaijan and Kazakhstan used Pegasus spyware from surveillance company NSO Group against human rights defenders, journalists, and others, while the German government admitted that it had purchased the technology. Thousands of files were leaked showing widespread surveillance by Georgia’s state security services of journalists, civil activists, politicians, clerics and diplomats. Some faced a reckoning for past practices. In North Macedonia, the former head of the secret police and others were convicted for unlawful wiretapping. The ECtHR ruled that UK bulk interception of communication powers lacked safeguards against abuse. At the same time, in Switzerland, a referendum approved a new counter-terrorism law providing police with far-reaching powers. The withdrawal from Afghanistan did not occasion any rethink of state overreach in surveillance or other abuses in combating terrorism. EROSION OF JUDICIAL INDEPENDENCE One key feature of state overreach was the erosion of judicial independence. Poland continued its defiance of attempts by European organizations to halt the destruction of the independence of the country’s judiciary, confronting the EU with its greatest rule of law crisis to date. In a series of judgments, the ECtHR and the Court of Justice of the European Union (CJEU) found that Poland’s judicial changes failed to meet fair trial requirements. In response, Poland’s Constitutional Tribunal ruled that Polish law had primacy over EU law and that the right to a fair trial under the European Convention on human rights was incompatible with the constitution, prompting a rare inquiry by the Council of Europe Secretary General. The situation was worse in Belarus, where authorities weaponized the justice system to punish victims of torture and witnesses of human rights violations. In Georgia, the arrest and degrading treatment in detention of prominent opposition leaders including former president Mikheil Saakashvili raised concerns about judicial independence. Multilateral organizations noted that a new constitution in Kyrgyzstan could encroach upon judicial independence. Turkey took only cosmetic steps around the judiciary, but failed to address the deep flaws in the system. It resisted pressure to implement key judgments of the ECtHR and faced a rarely used infringement proceeding at the end of the year. FREEDOM OF EXPRESSION, ASSEMBLY AND ASSOCIATION FREEDOM OF EXPRESSION Many governments sought to silence criticism, muzzle civil society organizations that could aggregate grievances, and deter protests on the streets. In some countries the primary dangers to media freedom were smear campaigns, online harassment of journalists, especially women, and threats. In Bosnia and Herzegovina, journalists faced almost 300 defamation suits, mostly from politicians, while the total for Croatia was over 900. In Bulgaria, the Czech Republic and Slovenia, the authorities encroached on public service media. In Poland, women’s and LGBTI rights activists continued to face harassment and criminalization. In Romania, reporters investigating corruption were questioned by law enforcement simply for their journalistic work. In Kosovo, an Austrian energy company dropped intimidatory lawsuits against environmental activists who spoke publicly about the impact of construction of hydropower plants on the country’s rivers. Further to the east, numerous civil society activists and journalists who sought to express dissenting views were criminally prosecuted for legitimate activities, and insulting public Amnesty International Report 2021/22 45

figures was also criminalized in more countries. Kazakhstan and Russia increasingly used anti- extremism legislation to repress dissent. In Belarus, the authorities continued to imprison activists and journalists, all but eliminating any vestige of independent expression and peaceful dissent. Allegations repeatedly suggested that the Belarusian authorities pursued dissenting voices in exile: evidence proposed that the murder of journalist Pavlo Sheremets was planned by these authorities, while Belarusian exile Vital Shyshou was found hanged in a park in the Ukrainian capital following his complaints of threats from Belarusian security services. Some Turkmenistani internet users reported they were forced to swear on the Qur’an that they would not use virtual private networks to access the internet. FREEDOM OF ASSEMBLY Many countries enacted or maintained disproportionate restrictions on peaceful assemblies, while police often engaged in unlawful use of force or discriminatory policing against protesters. Greece continued to use the pandemic as a smokescreen to unduly restrict the right to freedom of peaceful assembly, including by introducing a third blanket ban on public outdoor assemblies and dispersing several peaceful demonstrations. Cyprus also maintained a blanket ban. The Turkish authorities continued to arbitrarily restrict freedom of peaceful assembly, arbitrarily detaining hundreds of people, subjecting them to unlawful use of force, and prosecuting them for simply exercising their rights. In Belarus the right to peaceful protest effectively ceased to exist, and thousands fled the country in fear of reprisals. In Russia even individuals mounting single-person pickets were routinely prosecuted, and in Moscow facial recognition was reportedly used to identify and punish peaceful protesters. In Kazakhstan restrictive legislation led to frequent denials of requests to hold peaceful demonstrations. There was no progress in criminal complaints by 40 people in Serbia injured by police during a demonstration in 2020. In the UK, prosecutors decided not to prosecute Black Lives Matter protesters and in Northern Ireland, police took steps to refund fines to 72 protesters. However, a controversial draft police bill envisaged drastically expanding police powers to unduly restrict protests and foresaw draconian penalties for violations. At the end of 2021, Covid-19-related restrictions sparked large protests in Austria, Belgium, Croatia, Italy, and the Netherlands. Some demonstrations were marked by violence and led to dozens of arrests and injuries among protesters and law enforcement. FREEDOM OF ASSOCIATION Freedom of association continued to be under threat across the region. A law imposing arbitrary restrictions on NGOs was repealed in Hungary, but replacement legislation raised new concerns and the CJEU found another piece of legislation – criminalizing assistance to migrants – in breach of EU law. In Greece, restrictive regulations on the registration of NGOs working with migrants and refugees remained in place. The Turkish authorities used the recommendations of the Financial Action Task Force as a smokescreen for new legislation facilitating harassment of NGOs. In the east, authorities increasingly linked civil society activity to political activities, and made the violation of restrictive freedom of association rules punishable by imprisonment. Russia systematically deployed “foreign agent” and “undesirable organization” legislation to cripple or ban large numbers of civil society and media organizations, and liquidated Memorial, one of the country’s most respected human rights organizations, allegedly due to violations of the “foreign agent” law. By year’s end in Belarus over 270 civil society organizations had been arbitrarily dissolved or were being forcibly closed. In a BBC interview Alyaksandr Lukashenka conflated NGOs with Amnesty International Report 2021/22 46

the political opposition, promising to “massacre all the scum that you [the West] have been financing”. In Uzbekistan violation of restrictive rules on “unlawful formation of a public association or religious organization” remained punishable by imprisonment. HUMAN RIGHTS DEFENDERS States continued to breach their obligation to ensure a safe and enabling environment for human rights defenders. Defenders of people on the move faced administrative restrictions, criminal prosecutions and police harassment. Women’s and LGBTI rights defenders faced harassment, unjust prosecution, threats and smear campaigns. Migrants’ rights defenders continued to face criminalization, including in Cyprus, France, Greece, Italy and Malta. Court cases continued against individuals and NGOs in Italy and Greece. 2021 also saw acquittals of some migrants’ rights defenders, for example in the Stansted case in the UK. Authorities in Poland appealed against the acquittal of three women defenders who had been charged for “offending religious beliefs” for posters depicting the Virgin Mary with a rainbow halo. Women defenders advocating access to safe and legal abortion care faced smear campaigns and death threats. In Turkey, human rights defenders faced baseless investigations, prosecutions and convictions. The most emblematic case was that of Osman Kavala, who remained in detention after four years facing new charges despite an ECtHR ruling calling for his immediate release. In Russia reprisals against human rights defenders were widespread and egregious. When human rights lawyer Ivan Pavlov was arbitrarily charged with “divulging the results of a preliminary investigation” he left Russia and was placed on a “wanted” list. The ECtHR held that the authorities failed to properly investigate the abduction and murder of Natalia Estemirova. In Belarus activists from all sectors of society were persecuted. At year’s end seven members of Viasna, the country’s leading human rights organization, had been arbitrarily detained and dealt lengthy criminal sentences or were awaiting sentences. Azerbaijani government critic Huseyn Abdullayev remained in prison although the UN Working Group on Arbitrary Detention deemed his detention arbitrary and called for his release. REFUGEES’ AND MIGRANTS’ RIGHTS 2021 saw new border fences built, the erosion of the protection regime, and widespread acceptance of death and torture at the borders as a deterrent to irregular migration. Greece designated Turkey a safe country for asylum seekers from Afghanistan, Somalia, and other countries. The efforts of Denmark to rescind the residence permits of Syrian refugees and return them to Syria marked a new low. A number of countries returned Afghan asylum seekers until shortly before the takeover by the Taliban. Belarus authorities facilitated the creation of new migration routes through Belarus to the EU, violently pushing migrants and refugees towards the borders of Poland, Lithuania and Latvia, which abrogated the right to seek asylum at the border and legalized pushbacks. By year’s end numerous people were stuck at the borders, while several died. “Older” migration routes from Turkey to Greece, the Central Mediterranean to Italy, and Morocco to Spain continued to feature violent pushbacks, while those saved at sea faced long delays before disembarkation. Many countries openly announced the number of people “prevented” from entry, which often meant summary returns without assessing protection needs. The numbers announced in Turkey and Hungary reached the tens of thousands, while those at Belarus’ borders with Poland, Latvia and Lithuania surpassed 40,000. Amnesty International Report 2021/22 47

Many other countries engaged in summary, unlawful, forcible transfers of refugees and migrants without consideration of their individual circumstances, then denied doing so, including Bosnia and Herzegovina, Croatia, Greece, and North Macedonia. Ethnic Kazakhs fleeing Xinjiang in China faced prosecution for crossing the Kazakhstani border illegally. Some courts recognized the illegality of such actions. The constitutional courts of Serbia and Croatia ruled that police had violated the rights of people in pushbacks. The ECtHR ruled that Croatia violated the rights of an Afghan girl who was killed by a train after being pushed back to Serbia in 2017. Courts in Italy and Austria found that chain expulsions of asylum seekers to Slovenia and Croatia were in breach of international law. Despite these rulings, however, accountability for pushbacks or ill-treatment was rare. The EU and Italy remained complicit in funding “pullbacks” by the Libyan coastguard to Libya, where migrants faced serious rights violations. By October more than 27,000 refugees and migrants had been captured in the Central Mediterranean and returned to Libya by Libyan coastguards. DISCRIMINATION Racism and discrimination against Black people, Muslims, Roma and Jewish people became more overt in many contexts. In the UK, a government report dismissed concerns about institutional racism, while a new police bill augured more discrimination against Black, Gypsy, Roma and Traveller communities. The Danish authorities removed references to “ghettos” from legislation, but continued to enforce social housing limits on residents of “non-Western background.” In moves justified to counter radicalization and terrorism, Austria and France stepped up surveillance of Muslim communities, raided mosques and/or shut down organizations monitoring Islamophobia. In Germany, there were 1,850 antisemitism and other hate crimes against Jewish people officially reported up to 5 November 2021 – the highest number since 2018 – while steep spikes in reported similar incidents were also recorded in, Austria, France, Italy and the UK. ROMA Roma continued to experience harassment and discrimination, including segregation in education, housing and employment. Roma communities remained over-policed and under- schooled. Two high profile fatalities of Roma at the hands of police in the Czech Republic and Greece echoed the death of George Floyd in the USA. After years of campaigning by activists, the Czech senate voted for a bill to compensate thousands of Roma women who were unlawfully sterilized by the authorities between 1966 and 2012. The government of Slovakia officially apologized for the forced sterilization of thousands of Roma women, but had yet to put in place an effective compensation mechanism. LGBTI PEOPLE’S RIGHTS LGBTI people continued to suffer discrimination and violence across the region. A number of countries discussed or adopted legislation stigmatizing or discriminating against LGBTI persons, including Poland and Hungary. In Serbia, the president declined to sign a law on civil partnerships. Some politicians engaged in homophobic speech or actions, including in Bulgaria and Turkey. Consensual sex between men was a criminal offence in Turkmenistan and Uzbekistan. Russia’s “gay propaganda” law fuelled discrimination against LGBTI people, and in Georgia a journalist died when a mob attacked Tbilisi Pride offices. Amnesty International Report 2021/22 48

WOMEN’S RIGHTS SEXUAL AND REPRODUCTIVE RIGHTS Access to safe and legal abortion continued to be a central human rights issue in Andorra, Malta, Poland, San Marino and elsewhere. In Poland a Constitutional Tribunal ruling that abortion on the ground of serious fetal impairment was unconstitutional entered into force. In the year following the ruling, 34,000 women contacted the NGO Abortion without Borders, which facilitates travel abroad for abortion care and advice. In Andorra defamation charges remained ongoing against a defender who had raised concerns about the country’s total ban on abortion before the UN. In a positive development, a popular vote in San Marino legalized abortion. VIOLENCE AGAINST WOMEN AND GIRLS The picture remained mixed with regard to violence against women. While Turkey withdrew from a landmark treaty on combating violence against women, the Istanbul Convention, Moldova and Liechtenstein both ratified it. Further, Slovenia reformed its rape law to make it consent-based, and rape legislation reforms were also underway in the Netherlands, Spain and Switzerland. Violence against women remained widespread, however. The Russian Women’s NGO Consortium found that 66% of women murdered from 2011-2019 had been victims of domestic violence. Uzbekistan’s interior ministry rejected a request from the NGO NeMolchi about prosecutions for violence against women, stating it was “to no purpose”. In Azerbaijan women's rights activists and journalists were blackmailed and subjected to gender specific smear campaigns, while women’s rallies on domestic violence were violently dispersed. The Taliban takeover in Afghanistan strengthened efforts in Central Asia to promote “traditional” values. In Ukraine homophobic attacks continued and there were reports of lack of services for survivors of domestic violence in the non-government controlled areas of Donbas. RIGHTS TO HEALTH AND SOCIAL SECURITY The Covid-19 pandemic continued to have a significant impact lessened to some extent by high rates of vaccination of many countries in the region, especially in the EU. The pandemic put immense pressure on underfunded and overstretched health systems. Some states derogated from the European Convention on Human Rights, and several declared extended medical emergencies and imposed new lockdowns and other restrictions, as further waves of infections and new mutations emerged. Vaccine inequality within the region became more pronounced, often because of high levels of vaccine hesitancy. Thus, in Iceland, Malta, Portugal and Spain more than 80% of the population was vaccinated, while in Armenia, Belarus, Bosnia and Herzegovina, Georgia, Kyrgyzstan, Tajikistan and Ukraine less than 30% was vaccinated. In some cases, undocumented migrants and people from groups historically facing discrimination faced challenges in accessing vaccines. Deaths continued to disproportionately affect older people. Europe made considerable pledges for vaccine donations, but global vaccine inequality was exacerbated by the EU, Norway, Switzerland and the UK continuing to block a waiver on intellectual property rights (TRIPS) that would greatly increase the numbers of vaccines being produced, particularly in the global south. In Donbas in Ukraine local medical facilities were reportedly overwhelmed with patients while lacking sufficient medical personnel and supplies, including vaccines. In Turkmenistan Amnesty International Report 2021/22 49

authorities continued to deny Covid-19 cases but in July introduced mandatory vaccination for adults. Covid-19 pushed more and more workers into precarity in the absence of comprehensive social protection schemes. Especially vulnerable were women and migrant workers. In Austria, migrant women live-in care workers experienced abuse, discriminatory and unfair wages and excessive working hours. In Italy, health and care home workers who raised concerns about unsafe working conditions in care homes or sought to unionize were subject to disciplinary measures and reprisals. In Armenia the pandemic exacerbated the heavy burden of unpaid care work on women and girls. HUMAN RIGHTS IN CONFLICT ZONES Little change in conflict zones in countries of the former Soviet Union meant that development remained impeded, and freedom of movement and the right to health were heavily impacted for residents on both sides of lines of contact. The 2020 Armenia-Azerbaijan conflict saw over 100 people killed or injured during the year by mines planted by Armenian forces in areas ceded to Azerbaijan. There was no accountability or justice for victims of war crimes committed during that conflict, and over 40 ethnic Armenians captured after the ceasefire remained in captivity, reportedly in inhumane conditions. The majority of 40,000 Azerbaijani civilians displaced during the 2020 conflict returned to their homes but mines, destruction of infrastructure and lost livelihoods prevented the return of over 650,000 displaced during the 1990s. Some 36,000 ethnic Armenians remained internally displaced. The conflict in the Donbas region of Ukraine continued as the government and the Russian- backed separatists accused each other of ceasefire violations, and the UN monitoring mission reported at least nine new cases of arbitrary detention by Ukraine’s secret security service. At year’s end Russia had assembled large troop numbers on its border with Ukraine, sparking fears of a possible invasion. Movement was restricted in and out of government-controlled territory in the breakaway Georgian regions of Abkhazia and South Ossetia/Tskhinvali Region. Torture and other ill- treatment continued: there was no effective investigation into the 2020 death in custody of Inal Dzhabiev in South Ossetia/Tskhinvali Region; and Anri Ateiba died following detention in Abkhazia. FAILURE TO TACKLE CLIMATE CRISIS Europe has a special responsibility to the rest of the world to tackle the climate crisis due to its role in global emissions to date and its wealth. Nevertheless, European countries and the European Union continued to fail to adopt emission reduction targets, including fossil fuel phase-out policies, aligned with their level of responsibility and with the imperative of keeping the rise of global temperatures within 1.5°C. At the annual UN climate change negotiations (COP26), European countries also opposed the establishment of a global financial facility to provide financial support to developing countries facing loss and damage as the result of the climate crisis. However, Scotland and the Belgian region of Wallonia committed dedicated funding for loss and damage. Activists used litigation to compel governments to curb emissions and combat climate change with legal victories in Belgium, France and Germany. In a landmark case brought by civil society organizations, a Dutch court ordered Shell to cut its global carbon emissions by 45% by the end of 2030 compared with 2019 levels, anchoring its decision, among other arguments, in the responsibility of business enterprises to respect human rights. In Georgia Amnesty International Report 2021/22 50

construction of a hydropower plant was cancelled following protest around environmental safety concerns. HUMAN RIGHTS AT HOME AND IN THE WORLD The authoritarian turn was accompanied by increasing disengagement from multilateral organizations. The OSCE seemed powerless to halt the slide towards conflict, while major countries ignored its advice and dismissed its monitoring, if they allowed it to take place at all. The Council of Europe was unable to compel member states to implement ECtHR judgments and fulfil their obligations. The EU was paralysed by rule of law crises and unwilling to enforce its own rules on the rights of migrants and refugees. Russia and China continued to build and wield influence, particularly in the east. The two countries undermined the international human rights framework and Russia backed Belarus’s crackdown against its own population. Economic and political sanctions applied by the EU against Russia and Belarus failed to stem the unrelenting tide of repression. In the UK, legislation was adopted which could facilitate impunity for crimes committed abroad. The Overseas Operation Act introduced restrictions on legal proceedings related to overseas military operations, including time limits for civil claims and a presumption against prosecution for most offences committed over five years ago. However, some positive initiatives were adopted. In March, the Council of Europe adopted a recommendation on measures against the trade in goods used for the death penalty, torture and other ill-treatment. Some countries took steps to curb irresponsible arms transfers. Germany prolonged an arms export moratorium to Saudi Arabia – but not to others involved in the conflict in Yemen. In France, NGOs launched legal proceedings to ensure transparency of arms transfers to Saudi Arabia and the United Arab Emirates. Switzerland adopted a law regulating the export of arms, prohibiting transfer to states in internal conflict or at risk of serious or systematic human rights violations. RECOMMENDATIONS The foregoing should be a wake-up call for governments to recommit to human rights and collectively enforce states’ obligations. Thus far, a sense of urgency has been shown primarily by climate activists and human rights defenders, but both are under strong pressures from governments and corporations. The cause of human rights needs more champions now, or the gains of recent decades risk being destroyed. Governments should recognize the crucial role played by human rights defenders, rather than stigmatizing and criminalizing their activities. The space for all to exercise the rights to freedom of expression, association and peaceful assembly must be protected from state overreach under various pretexts. States must stop the slide to surveillance societies, respect the rule of law, and end the erosion of judicial independence. Governments must also redouble their efforts to prevent discrimination against Black people, Muslims, Roma and Jewish people and ensure that state actors refrain from mainstreaming stigmatizing rhetoric and implementing policies that target these communities. In the face of the continuing Covid-19 pandemic equal access to vaccines within and across countries both in the region and beyond is urgent, and cooperation between states imperative, to ensure that treatment and vaccines are acceptable, affordable, accessible and available to all. Amnesty International Report 2021/22 51

As people fleeing conflict and poverty continue to die on land and sea attempting to reach safety, governments must expand the provision of safe and regular pathways of migration, particularly for people in need to come to Europe, including humanitarian visas, resettlement, community sponsorship and family reunification. Governments must urgently combat the frequently hidden emergency of violence against women and girls, prioritizing the elimination of gender-based violence and addressing its root causes. More steps are also needed to eliminate all forms of discrimination, in law and practice. Governments must increase their emission reduction targets and implement adequate and human rights-consistent policies, including phasing out the use and production of fossil fuel through a just transition. They should also urgently scale up climate finance to lower- income countries and commit to providing additional dedicated funding for loss and damage in lower-income countries. Amnesty International Report 2021/22 52

MIDDLE EAST AND NORTH AFRICA REGIONAL OVERVIEW The second year of the pandemic continued to expose the failure of many governments across the region to prioritize adequate access to health, including Covid-19 vaccines, for their populations, with the notable exception of some Gulf countries. Freedom of expression remained severely restricted as governments introduced further draconian legislation criminalizing free speech; they continued to censor the internet and invest in digital surveillance equipment. Human rights defenders faced criminal prosecutions, imprisonment, administrative restrictions, threats and intimidation. Civil society organizations saw their activity criminalized. Security forces across the region used unlawful force to crush peaceful protests. Overcrowding and insanitary conditions put prisoners in the region at increased risk of Covid-19, a situation that was exacerbated by inadequate healthcare and torture or other ill-treatment in prisons. Impunity prevailed for members of security forces, militias and armed groups reasonably suspected of crimes under international law and serious human rights violations. Parties to armed conflicts committed war crimes and other serious violations of international humanitarian law. Authorities restricted humanitarian aid in Syria and Yemen, exacerbating the poor state of healthcare systems which were already depleted. Other military powers fuelled violations through illicit arms transfers and direct military support to belligerents. Authorities continued to arrest and indefinitely detain refugees and migrants, often without legal grounds. Jordan and Lebanon continued to host over 3 million refugees from Syria but thousands of them continued to be deported or to return due to a range of push factors. Authorities across the region failed to protect low paid workers from job or wage loss. Migrant workers were particularly vulnerable given that the kafala (sponsorship) system ties their residency to employment in many countries. Impunity for violence against women, ranging from sexual harassment to so-called “honour” killings, continued unchecked by any state commitment to hold perpetrators to account. Authorities heavily repressed the rights of LGBTI people, arresting many for their real or perceived sexual orientation or gender identity and subjecting some men to forced anal examinations. Across the region, members of religious and ethnic minorities faced entrenched discrimination. RIGHT TO HEALTH In Egypt, Iran, Libya and Tunisia, Covid-19 vaccine roll-outs were characterized by lack of transparency and consultation, delays in prioritizing at-risk groups, and failure to ensure equitable and fair access for marginalized groups, including refugees and migrants, internally displaced persons, prisoners, the homeless and other undocumented people. Access to vaccines was also often affected by political considerations. In Iran, delays in the vaccine roll- out were largely attributed to the Supreme Leader’s January decision to ban vaccines produced in the UK and USA; once the ban was lifted in August, vaccinations accelerated to reach over 80% of the population receiving the first dose by the end of the year. In Tunisia, by mid-July daily confirmed deaths per million was the second highest in the world and a dearth Amnesty International Report 2021/22 53

of vaccines meant only 6% of the population had been vaccinated. Yet after President Kaïs Saïed dissolved parliament and claimed exceptional powers, vaccine roll-out accelerated and by the end of the year 46% of the population had been vaccinated. In an act of institutionalized discrimination, Israel left out around 5 million Palestinians under military occupation in the West Bank and Gaza from its vaccine campaign. Tunisia and Morocco introduced mandatory vaccine passes for all those entering public or private workplaces, and for travel outside of the country. In Tunisia, the decree on the vaccine pass infringed on other rights, allowing employers to suspend unvaccinated workers without pay. With the exception of Gulf states and Israel, the second year of the pandemic exposed the shortcomings of health systems across the region, and the challenges of accessibility and affordability of adequate healthcare. In Lebanon, the government failed to ensure access to fuel for critical health facilities, including hospitals, or roll out any social protection plan in the midst of an economic collapse. In November it lifted subsidies on medicines without ensuring access to essential supplies for those unable to afford spiralling prices, including patients with severe chronic conditions. In Egypt, a national budget adopted in June failed to meet the constitutionally mandated allocation of 3% of GDP to health, and reduced spending on health insurance and medicine. The Syrian government actively contributed to ongoing shortages in the health sector in north-east Syria by restricting delivery of humanitarian aid, impacting cancer and diabetes patients. In Libya, where armed groups and militias continued to attack health care and humanitarian workers, several Covid-19 isolation facilities were closed due to damage or lack of equipment and infrastructure. FREEDOM OF EXPRESSION Authorities across the region continued to arrest, detain and prosecute individuals solely for their peaceful expression, often using subjective penal code provisions criminalizing “insult” to prosecute criticism of the authorities, including their response to the pandemic, and imprison critics. A court in the Kurdistan Region of Iraq sentenced five activists and journalists to six years’ imprisonment each for acts related to their use of social media and journalistic work, under vaguely worded laws, while the Kurdistan Regional Government (KRG) justified speech- related prosecutions as necessary for “national security reasons”. In one particularly flagrant case, in Saudi Arabia Abdulrahman al-Sadhan was sentenced to 20 years’ imprisonment and a travel ban of equal duration for his tweets that were critical of the government's economic policies. In Morocco, a court sentenced YouTuber Jamila Saadane to three months in prison for “insulting” state institutions after uploading videos accusing the authorities of covering up prostitution networks and human trafficking. In Algeria, the authorities increasingly used vaguely worded terrorism-related charges to prosecute people for their legitimate political speech or activism. Governments across the region introduced further draconian legislation criminalizing free speech. In Libya, parliament passed a cybercrime law that severely limits free expression online, allows for government surveillance and censorship, and punishes with imprisonment the dissemination of content deemed “immoral”. In Egypt, the president ratified a law criminalizing the publication of information on pandemics on vaguely worded grounds. The Iranian authorities arrested and prosecuted six people for discussing legal action against the government’s failure to secure access to Covid-19 vaccines. The Tunisian Ministry of Health barred all but a selected list of public sector health workers from speaking publicly about the Covid-19 pandemic, threatening them with disciplinary action or criminal prosecution if they do not comply. Amnesty International Report 2021/22 54

Governments across the region continued to censor the internet. Authorities in Egypt and Palestine persisted in blocking access to websites and the Iranian authorities blocked social media platforms. RIGHT TO PRIVACY Governments also continued to invest in expensive digital surveillance equipment such as Pegasus spyware by surveillance company NSO Group to target human rights defenders. In July, Forbidden Stories, a coalition of news organizations with the technical support of Amnesty International, revealed the extent to which Pegasus spyware was being used across the region, with the governments in Bahrain, Morocco, Saudi Arabia, and the United Arab Emirates being identified as potential clients. In July, a Moroccan court sentenced journalist Omar Radi, who was often critical of the authorities, to six years in prison on charges of espionage and rape after a trial which did not meet international fair trial standards. He had been targeted for surveillance by the Moroccan authorities through a “network injection” on his iPhone between January 2019 and January 2020. HUMAN RIGHTS DEFENDERS AND FREEDOM OF ASSOCIATION Human rights defenders across the region continued to pay a heavy price for their bravery with the authorities seeking to silence and punish them for their work. Saudi Arabian authorities resumed their relentless crackdown on all dissent with a spate of sentences: courts sentenced five defenders to prison terms of up to 20 years on charges solely related to their human rights work, often combined with lengthy travel bans. In Israel and the Occupied Palestinian Territories, the Israeli Ministry of Defence designated six prominent Palestinian civil society organizations as “terrorist”, based on secret information which they could not see or challenge, effectively criminalizing them and crippling their activity. This while Israel continued to prevent international human rights monitors and investigators, including from the UN, entry. In Egypt, human rights defenders remained subject to politically motivated criminal investigations, extrajudicial probation measures, unjust imprisonment, travel bans, asset freezes and arbitrary inclusion on the “list of terrorists”, which in effect banned them from civic work. In Libya, militias and armed groups ramped up their attacks on civil society activists through abductions, threats and intimidation ahead of presidential elections, which were indefinitely postponed on 22 December, two days before they were scheduled to begin. PROTESTS AND THE UNLAWFUL USE OF FORCE Despite frequent bans on public gatherings as part of government Covid-19 measures, people staged protests throughout the year in many countries in the region, usually to demand socio- economic rights. In Tunisia, police arrested more than 1,500 people during the January wave of demonstrations. Protest movements in Algeria, Iraq and Lebanon continued throughout the year as protesters faced arrest, beatings and at times prosecutions solely for participating in peaceful demonstrations. Security forces across the region used unlawful force in dispersing protests, often using excessive or unnecessary force. In Iran, security forces used unlawful force, including live ammunition and birdshot, to crush mostly peaceful protests, leading to at least 11 deaths and hundreds of injuries including loss of eyesight. They also carried out mass arbitrary arrests of protesters and bystanders and tampered with internet access during protests. In Iraq, KRG authorities arrested over 100 individuals for taking part in protests; and Iraqi security forces Amnesty International Report 2021/22 55

resorted to excessive use of force, including live ammunition, to disperse protests between January and May. In Lebanon, in a rare occurrence in January, security services used live ammunition in the northern city of Tripoli after clashes over the economic collapse, detained dozens and subsequently brought them before the military justice system. Jordanian authorities responded with force, including heavy use of tear gas, against protesters who had mobilized against worsening economic conditions, and arrested members of the teachers’ trade union to prevent a solidarity march. In May and June, Israeli police used excessive force against Palestinian citizens of Israel demonstrating against evictions in East Jerusalem and military strikes on Gaza, and carried out mass arrests of organizers and participants of protests. Most of those arrested were charged with misdemeanours unrelated to violence. The death in custody of a prominent critic of the West Bank Palestinian authorities sparked demonstrations across Palestinian towns which the authorities met with excessive and unnecessary force. Demonstrators and bystanders were arrested and allegedly tortured. DETAINEES’ RIGHTS Prisoners across several countries were held in cruel and inhuman detention conditions, characterized by overcrowding, poor ventilation and hygiene, and lack of sufficient food and water – putting them at increased risk of Covid-19 and other infectious diseases. Overcrowding was common due to arbitrary detention practices, including prolonged pretrial detention without effective appeal such as in Egypt, indefinite detention for migration status, such as in Libya, or administrative detention, such as in Israel and Palestine. In some countries, prison visits were banned during national lockdowns and at times for longer, without providing prisoners with alternative means of communicating with their families. Across the region, authorities failed to provide detainees with adequate healthcare, sometimes deliberately to punish dissent. Many governments failed to ensure the timely vaccination of prisoners: in Iran, prisoner vaccination did not begin until August. In Egypt, some prisoners held for political reasons including those who were at risk due to their older age or pre-existing medical conditions were excluded from the prisoner vaccine roll-out. TORTURE AND OTHER ILL-TREATMENT Torture and other ill-treatment in official and unofficial places of detention continued in at least 18 countries, including during interrogation to extract “confessions” and indefinite solitary confinement in dire conditions. Authorities in Egypt, Iran, Libya and Saudi Arabia failed to carry out investigations into the causes and circumstances of suspicious deaths in custody following reports of torture, including deliberate denial of healthcare. In Lebanon 26 cases were reported of Syrian refugees, including four children, held on terrorism-related charges, facing torture by military intelligence officers and others. The authorities failed to investigate the torture claims even when detainees told the court they had been tortured. Prominent political critic Nizar Banat died in the custody of Palestinian Preventive Security forces after they arrested and tortured him in Hebron, southern West Bank. An autopsy found fractures, bruises and abrasions all over his body. Legislation in several countries in the region retained corporal punishment including flogging, amputation, blinding, stoning and crucifixion. Floggings were carried out in Iran and Libya. DEATH PENALTY Countries in the region retained the death penalty, including for offences not involving intentional killing and for acts protected under international law including consensual same- Amnesty International Report 2021/22 56

sexual relations. Death sentences were passed after grossly unfair trials by counter-terror, military, emergency or revolutionary courts in Egypt, Iran, Libya and Saudi Arabia. Executions were carried out in at least six countries, sometimes in secret without last family visits. In Iran and Saudi Arabia, authorities executed young men convicted of crimes committed when they were under the age of 18. IMPUNITY Impunity for members of security forces, militias and armed groups reasonably suspected of crimes under international law and serious human rights violations, including unlawful killings, torture, enforced disappearance and rape, prevailed across the region. In Libya, authorities continued to integrate into state institutions, appoint and promote commanders and members of abusive militias and armed groups, including those under sanction by the UN Security Council. Saif al-Islam al-Gaddafi, wanted by the ICC for his role in the violent suppression of protests against his father’s rule in 2011, remained at large and presented himself as a candidate for presidential elections. In Iran, Ebrahim Raisi, rose to the presidency instead of being investigated for crimes against humanity related to the mass enforced disappearances and extrajudicial executions of 1988. In Lebanon, authorities repeatedly obstructed throughout the year the investigation into the Beirut port explosion of 2020, taking numerous steps to shield politicians and officials from the investigative judge’s summons. In Tunisia, President Kaïs Saïed’s July dissolution of parliament was followed by 10 new military trials of civilians, four for criticizing the president, a marked increase compared to the previous years. Ten trials against members of security forces for human rights violations as part of the transitional justice process, dragged on for a third year without verdict. At the international level, some steps were taken in the pursuit of accountability. In October, the UN Human Rights Council extended the mandate of the Fact-Finding Mission to investigate crimes under international law committed in Libya since 2016. August saw the start of the trial of former Iranian official Hamid Nouri, arrested in Sweden for alleged involvement in prison massacres in 1988, under the principle of universal jurisdiction. At least four European states investigated and prosecuted individuals suspected of committing war crimes or other crimes under international law in Syria through their national courts. February saw the sentencing in Germany of a former Syrian security officer for crimes against humanity for his role in aiding and abetting the torture of detained protesters in Damascus. In a retrograde move, however, intensive lobbying by Saudi Arabia and Bahrain forced the termination of the UN’s Group of Eminent International and Regional Experts on Yemen, the only international, impartial investigative mechanism for international humanitarian law violations in Yemen. APARTHEID Israel maintained a system of oppression and domination over Palestinians through territorial fragmentation, segregation and control, dispossession of land and property, and denial of economic and social rights, which amounted to the human rights violation and internationally wrongful act of apartheid. Israel perpetrated unlawful acts against Palestinians with the intent to maintain this system, including forcible transfers, administrative detention and torture, unlawful killings, denial of basic rights and freedoms and persecution which constituted the crime against humanity of apartheid. Amnesty International Report 2021/22 57

ARMED CONFLICT Years of armed conflict and insecurity continued to afflict the lives of civilians in Iraq, Libya, Syria and Yemen, where fluctuating levels of violence by state and non-state actors reflected shifting alliances on the ground and the interests of external backers. The conflicts’ multiple actors committed war crimes and other serious violations of international humanitarian and human rights law. Almost all parties carried out indiscriminate attacks that killed and injured civilians in the form of air strikes, in the case of those with air power, and shelling of residential areas with artillery, mortars and rockets. In Libya, while the national ceasefire mostly held, sporadic localized clashes between armed groups and militias in residential areas led to casualties among civilians and damage to civilian infrastructure. In Yemen, the Saudi Arabia-led coalition as well as Huthi forces continued to conduct unlawful attacks killing and injuring scores of civilians, including hitting camps for internally displaced people, and civilian objects such food distribution facilities. In Syria, the government, supported by Russian forces, conducted attacks in north-west Syria that hit residential buildings, markets and hospitals. The transfer of weapons used to commit war crimes and other violations continued. Russia, Turkey and the UAE violated the UN arms embargo on Libya, by retaining foreign fighters and military equipment in Libya. Armoured vehicles manufactured and exported from the UAE were used in raids against refugees and migrants in Tripoli in October. Restriction of humanitarian access in Libya and Syria remained a tactic of some actors. Politically motivated sporadic attacks on water infrastructure by armed actors in Libya affected access to water for millions of Libyans. In Syria, government forces besieged thousands of civilians in Daraa al-Balad between June and September, during which time it prevented aid organizations from delivering food, medical supplies and other life-saving aid. During the armed conflict in May, Israeli and Palestinian armed groups committed apparent war crimes in the Gaza Strip. At least 242 Palestinians were killed, including 63 children, and thousands injured. More than 74,000 Palestinians were displaced. Palestinian armed groups in the Gaza Strip carried out unlawful attacks, firing thousands of indiscriminate rockets towards Israel, most of which were intercepted by Israel, but 13 people in Israel died as a result. RIGHTS OF REFUGEES, MIGRANTS AND INTERNALLY DISPLACED PEOPLE Authorities continued to arrest and indefinitely detain refugees and migrants, often without legal grounds or allowing them to challenge the legality of their detention. In October, Libyan security forces and Tripoli-based militias used unlawful lethal force and other violence to arbitrarily round up over 5,000 men, women and children from sub-Saharan Africa. In Libya, Saudi Arabia and Yemen, state and non-state actors continued to subject refugees and migrants to a litany of crimes including unlawful killings, indefinite arbitrary detention in life-threatening conditions, torture and other ill-treatment, rape and other sexual violence. In Libya thousands were forcibly disappeared following disembarkation by EU-backed Libyan coastguards, while at least 2,839 were forcibly expelled without due process and left at land borders with Chad, Egypt and Sudan. In Yemen, Huthi de facto authorities arbitrarily detained hundreds of migrant men, women and children, mostly Ethiopian and Somali nationals, in poor conditions for indefinite periods. In March, authorities responded to a hunger strike by firing projectiles into a building housing 350 migrants, igniting a fire that killed 46 male detainees. In June, the UAE arbitrarily detained at least 375 African migrant workers, held Amnesty International Report 2021/22 58

them incommunicado for up to six weeks in poor conditions, stripped them of all their belongings and then deported them. Syrian government forces subjected refugees, including children, who returned to Syria between 2017 and 2021 to arbitrary detention; torture and other ill-treatment, including rape and other sexual violence; and enforced disappearance. In Qatar, authorities failed to properly investigate the deaths of migrant workers, thousands of whom had died suddenly and unexpectedly in the past decade despite passing mandatory medical tests before travelling to the country. This failure, which precluded any assessment of whether the deaths were work-related, denied the workers’ bereaved families the opportunity to receive compensation from the employer or authorities. In Egypt, authorities forcibly returned 40 Eritreans to Eritrea without due process or giving them the opportunity to claim asylum. In Libya, Syria and Iraq, tens of thousands of internally displaced persons were unable to return to their homes due to insecurity, fear of reprisals, or lack of essential services. They faced additional barriers in securing access to healthcare including Covid-19 vaccines, education, housing and employment opportunities. The Iraqi government’s drive to close almost all camps for internally displaced people in the beginning of the year rendered thousands in secondary displacement or homeless. WORKERS’ RIGHTS Authorities across the region failed to protect low-paid workers from job or wage loss, including as a result of the economic impact of the pandemic. Governments also repressed workers’ right to strike and failed to protect workers unfairly dismissed for participating in strikes. In Egypt, authorities continued to penalize workers for expressing their opinions or for their alleged dissent. New legislation allowed for the automatic dismissal of public sector employees on the “list of terrorists”, while a court sanctioned the dismissal without compensation of a public sector company worker for “publicly expressing his political opinions”. However, reforms to improve protection for migrant workers were announced in several countries, particularly in the Gulf, where they make up a very high proportion of the workforce. WOMEN’S AND GIRLS’ RIGHTS Across the region, violence against women and girls went mostly unpunished by criminal justice systems. So-called “honour” killings continued to take place in Jordan, Iraq, Kuwait and in Palestine with the authorities failing to take action to prosecute the perpetrators. Proposed legislation on addressing violence against women in Iran contained some welcome provisions including on the establishment of safe houses, but failed to define domestic violence as a separate offence, criminalize marital rape and child marriage, and favoured reconciliation over accountability in cases of domestic violence. Additional legislative changes in Iran further undermined women’s reproductive rights, severely restricting access to contraception, voluntary sterilization services and related information. In Libya, authorities failed to provide protection or redress for women and girls from rape and other sexual and gender-based violence as well as killings, torture and unlawful deprivation of liberty by militias, armed groups, and other non-state actors. In Yemen, Huthi authorities pursued a campaign of detention and enforced disappearance of women and girls, targeting those perceived to be challenging Huthi-enforced gender norms. Women across the region continued to face entrenched discrimination in law, including in relation to marriage, divorce, child custody, inheritance and, additionally in Saudi Arabia and Iran, employment and political office. Proposed legislative changes to personal status laws in Egypt further undermined women’s autonomy and retained discriminatory provisions. Amnesty International Report 2021/22 59

LGBTI PEOPLE’S RIGHTS Across the region, LGBTI people faced arrest and prosecution, and at times anal testing amounting to torture, on the basis of their real or perceived sexual orientation or gender identity. Criminal courts continued to treat consensual same-sex sexual relations as a crime, often issuing sentences against men, and sometimes women, either under public decency laws or dedicated provisions. In Egypt, a court convicted four men of engaging in same-sex sexual relations and sentenced them to prison terms ranging from six to nine years. Authorities also failed to protect LGBTI people from violence by non-state actors. A young man who self- identified as a non-binary gay was murdered in Iran after his military exemption card identified him as having a “perversion”. Two police officers in Tunisia insulted and violently assaulted the LGBTI activist Badr Baabou, who heads the prominent Tunisian LGBTI rights group DAMJ, telling him the beating was retaliation for filing complaints against police and “defending whores” and gay people, about whom they used derogatory language. In a partially positive move, the Moroccan parliament passed a law stating that the gender assigned at birth to “hermaphrodite” newborns can be changed later in life but did not extend to allowing transgender people to transition. RELIGIOUS AND ETHNIC MINORITIES Across the region, members of religious minorities faced entrenched discrimination in law and practice including in their right to worship. In some countries, including Egypt and Iran, members of religious minorities and individuals born to parents identified as Muslim by authorities were arrested, prosecuted and arbitrarily detained for professing their faith or expressing non-sanctioned beliefs. In Iran, three Christian converts were sentenced to imprisonment on the basis of new legislation prescribing up to five years’ imprisonment for insulting “divine religions” or for engaging “in proselytizing”. Ethnic minorities in Iran and Libya faced discrimination curtailing their access to employment, political office and essential services including education and healthcare, and violating their linguistic and cultural rights. In Libya, students from the Tabu tribe in al-Kufra were unable to access the city’s only university based in a neighbourhood controlled by rival armed groups. In Iran, ethnic minorities remained disproportionately affected by death sentences imposed for vaguely worded charges such as “enmity against God”. RECOMMENDATIONS Authorities should ensure that the healthcare they provide, including vaccines, is delivered without discrimination, that healthcare workers are adequately protected and that any restrictions on rights to combat the pandemic are strictly necessary and proportionate. Governments must halt all investigations or prosecutions related to peaceful expression, repeal subjective provisions that criminalize “insult”, and decriminalize defamation. They must also recognize their obligations to respect and guarantee the right to defend human rights by ensuring that human rights defenders are able to work free from arbitrary arrest and prosecution, threats, attacks, and harassment. Governments must end the litany of crimes against refugees and migrants. They should respect and protect the right to asylum, ending the arrest and arbitrary detention of refugees and migrants solely on the basis on their migration status. They should end all deportations of refugees and ensure they are protected from refoulement. Governments should also extend labour law protections to migrant workers, including migrant domestic workers, and abolish the kafala system. Amnesty International Report 2021/22 60

Parties to armed conflicts must abide by international humanitarian law, in particular ending direct attacks against civilians or civilian infrastructure and indiscriminate attacks. Military powers must halt arms transfers where there is a significant risk that they will be used in violation of international law, as was the case in the ongoing conflicts in the region. Authorities should ensure that their law enforcement officers comply with international standards on the use of firearms and less-lethal weapons, investigate the unlawful use of force and hold law enforcement officers to account, and uphold the right to freedom of peaceful assembly. Amnesty International Report 2021/22 61

AMNESTY INTERNATIONAL REPORT 2021/22 A-Z COUNTRY ENTRIES

people were airlifted in chaotic conditions AFGHANISTAN from Kabul airport, including thousands of Afghan nationals at risk of reprisals from the Islamic Republic of Afghanistan Taliban. Head of state and government: Mohammad Hassan The already precarious humanitarian Akhund (replaced Mohammad Ashraf Ghani in situation deteriorated further in the second September) half of the year due to the conflict, drought, the Covid-19 pandemic and an economic Parties to the conflict in Afghanistan crisis exacerbated by the suspension of continued to commit serious violations of foreign aid, the freezing of government international humanitarian law, including assets, and international sanctions against war crimes, and other serious human rights the Taliban. In December, the UN warned violations and abuses with impunity. that some 23 million people faced acute food Indiscriminate and targeted killings reached insecurity and hunger, including more than 3 record levels. Human rights defenders, million children at risk of death from severe women activists, journalists, health and malnutrition. humanitarian workers, and religious and INDISCRIMINATE ATTACKS AND ethnic minorities were among those UNLAWFUL KILLINGS targeted by the Taliban and non-state actors. A wave of reprisal killings was Government forces under the leadership of unleashed during the Taliban takeover of President Ghani, as well as non-state actors, the country. Thousands of people, carried out indiscriminate attacks with predominantly Shia Hazaras, were forcibly improvised explosive devices and air strikes, evicted. The limited progress made towards killing and injuring thousands of civilians. improving women’s rights was sharply According to the UN Assistance Mission in reversed under Taliban rule. Rights to Afghanistan, civilian casualties reached freedom of assembly and expression were record levels in the first half of the year, drastically curtailed by the Taliban. Access sharply increasing in May as international to healthcare, already severely compromised military forces began to withdraw. By June, by the pandemic, was further undermined 5,183 civilian deaths or injuries had been by the suspension of international aid. recorded, including 2,409 women and BACKGROUND children. More than two-thirds (68%) were attributed to the Taliban and other non-state The conflict in Afghanistan took a dramatic actors and 25% to Afghan National Defence turn with the withdrawal of all international and Security Forces (ANDSF) and other pro- troops, the collapse of the government, and government forces. On 29 August, a US the takeover of the country by Taliban forces. drone strike killed 10 members of one family On 14 April, US President Joe Biden in Kabul, including seven children. The US announced that remaining US troops in Department of Defense later admitted acting Afghanistan would be withdrawn by 11 in error and offered financial compensation to September. A subsequent Taliban military the victims’ relatives. offensive overran the provinces and reached Non-state groups deliberately targeted the capital, Kabul, on 15 August, causing the civilians and civilian objects throughout the government to collapse and President Ghani year. A bomb attack on Sayed-ul-Shuhada to flee the country. In early September, the High School in West Kabul on 8 May killed or Taliban announced an interim government. injured more than 230 people, nearly all 1 An evacuation operation accompanied the girls. On 26 August, a suicide attack outside final withdrawal of US and NATO forces, Kabul airport carried out by the armed group which was brought forward to 31 August in Islamic State – Khorasan Province (IS-K) the face of Taliban gains. Some 123,000 resulted in at least 380 casualties, mostly Amnesty International Report 2021/22 64

Afghans seeking evacuation. Three separate threatened to evict residents of Balkh, attacks took place in October on Eid Gah Kandahar, Kunduz and Uruzgan provinces. Mosque in Kabul and two Shia-Hazara Evictions particularly targeted Hazara mosques in the cities of Kandahar and communities, as well as people associated Kunduz, reportedly killing dozens and with the former government. In June, the injuring hundreds of others. Taliban ordered Tajik residents of Bagh-e The Taliban and other armed actors were Sherkat in Kunduz province to leave the town responsible for numerous targeted killings in apparent retaliation for their support of throughout the year, including of human President Ghani’s government. In late rights defenders, women activists, September, more than 740 Hazara families humanitarian and health workers, journalists, were forcibly evicted from their homes and former government officials and security land in Kindir and Tagabdar villages in Gizab force members. Religious and ethnic district, Daykundi province. minorities were at particular risk. During its offensive and following its REFUGEES’ AND MIGRANTS’ RIGHTS takeover, the Taliban carried out reprisal and The Taliban takeover increased the number extrajudicial killings of people associated with of Afghan refugees entering neighbouring the former administration, including countries. After evacuations from Kabul members of the ANDSF. On 19 July, the airport were stopped, thousands of desperate Taliban abducted and killed two sons of Afghans sought land routes to Pakistan and former Kandahar provincial council member Iran. Tens of thousands crossed into Pakistan Fida Mohammad Afghan. Former police before it closed its borders on 2 September to officers, particularly women, were also most Afghans. Only the Torkham crossing targeted. Also in July, Taliban fighters killed point was open to those holding gate passes. nine ethnic Hazara men in Mundarakht In November, the Norwegian Refugee 2 village in Malistan district, Ghazni province. Council reported that 4,000-5,000 Afghans On 30 August, in Kahor village in Khidir were crossing the border to Iran every day. district, Daykundi province, the Taliban The right of Afghans, including those at risk extrajudicially executed nine ANDSF of reprisals, to seek asylum in third countries members after they had surrendered, and was compromised by Taliban-imposed killed two civilians, including a 17-year-old restrictions on departures, including often girl, as they attempted to flee the village. All insurmountable challenges in obtaining were ethnic Hazaras. On 4 September, Banu passports and visas. There were fears that Negar, a former member of the police force border restrictions by neighbouring countries in Ghor province, was beaten and shot dead would force Afghans to make irregular by Taliban fighters in front of her children. A journeys using smugglers, placing them at further 100 former members of the security further risk of human rights abuses. forces were killed or forcibly disappeared by the Taliban between mid-August and the end WOMEN’S AND GIRLS’ RIGHTS of December. Prior to the Taliban takeover, women and girls FORCED DISPLACEMENT AND continued to experience gender-based EVICTIONS discrimination and violence. After the Taliban takeover, they lost many of their fundamental Between January and December, some human rights. Despite reassurances from the 682,031 people were displaced by fighting, Taliban that women’s rights would be adding to the 4 million already displaced by respected, the limited progress made in the conflict and natural disasters. previous two decades was quickly reversed. The Taliban forcibly evicted thousands of people from their homes and land in Daykundi and Helmand provinces and also Amnesty International Report 2021/22 65

WOMEN’S PARTICIPATION IN GOVERNMENT AND THE even where schools and other education 5 RIGHT TO WORK facilities were open. Women were severely under-represented in SEXUAL AND GENDER-BASED VIOLENCE the final round of the failed peace talks, with Violence against women and girls remained just four women in the government widespread but chronically under-reported. delegation and none in the Taliban In the vast majority of cases, no action was delegation.3 Four cabinet posts were held by taken against perpetrators. Between January women under President Ghani’s and June, the MoWA registered 1,518 cases administration; women were excluded of violence against women, including 33 altogether from the Taliban’s interim murders. Beatings, harassment, forced government. Shortly after coming to power, prostitution, deprivation of alimony, and the Taliban disbanded the Ministry of forced and early marriages remained the Women’s Affairs (MoWA) and its provincial main manifestations of violence against offices. women. There was no government data In August, a Taliban spokesman told available for the second half of the year. reporters that women should refrain from Violence against women escalated further attending work until “proper systems” were from August when women’s legal and other put in place to “ensure their safety”. In support mechanisms began shutting down – September, women employed in government in particular when women’s shelters closed. ministries were told to stay at home while The Taliban’s ending of institutional and legal their male colleagues resumed work. There support for women left women at risk of were reports of women being barred from further violence, and they feared the their workplaces or sent home in different consequences of reporting incidents. parts of the country – with the exception of HUMAN RIGHTS DEFENDERS women working in the passport office, airport and health sector. In some cases, women Human rights defenders faced intimidation, were reportedly escorted home from work by harassment, threats, violence and targeted Taliban fighters and told that they would be killings. A spike in attacks that began in late 4 replaced by their male relatives. 2020 continued into 2021. According to the Women lawyers, judges and prosecutors Afghan Human Rights Defenders Committee, were effectively dismissed from their jobs and at least 17 human rights defenders were forced into hiding. They faced reprisals from killed between September 2020 and May men whom they had convicted and 2021, while hundreds more received threats. imprisoned for domestic and other gender- From late August, the Taliban occupied all based violence, who were subsequently freed 14 offices of the Afghanistan Independent from prison by the Taliban. There were Human Rights Commission, forcing its staff reports of ex-prisoners and Taliban fighters to flee the country or go into hiding. Door-to- ransacking the homes of female judges. door searches by Taliban fighters looking for RIGHT TO EDUCATION human rights defenders and journalists were On taking power, Taliban leaders announced reported, and NGO workers and their families that a “safe learning environment” was were beaten. required before women and girls could return to education. Boys were permitted to resume LGBTI PEOPLE’S RIGHTS school in mid-September, but the situation On 29 October, the Taliban spokesperson for for girls remained unclear. At the end of the the Ministry of Finance said that LGBTI rights year, except in Kunduz, Balkh and Sar-e Pul would not be recognized under sharia law. provinces, the majority of secondary schools Afghanistan’s Penal Code continued to remained closed to girls. Intimidation and criminalize consensual same-sex sexual harassment of teachers and pupils led to low relations. attendance rates, particularly among girls, Amnesty International Report 2021/22 66

FREEDOM OF EXPRESSION AND Afghanistan (Sehatmandi). As of November, ASSEMBLY 3,000 health clinics had closed due to lack of The Taliban forcibly dispersed peaceful funding. The multi-donor project was the protests across Afghanistan, including using main source of support for quality health gunfire, electroshock weapons and tear gas, care, nutrition and family planning services and beat and lashed protesters with whips across Afghanistan. In September, the WHO and cables. On 4 September, a protest in warned of a rapid decline in public health Kabul involving around 100 women conditions, including escalating rates of demanding the inclusion of women in the measles, diarrhoea and polio in children. new government and respect for women’s Lack of emergency preparedness and the rights was dispersed by Taliban special poor state of public health infrastructure forces, reportedly with tear gas and meant that Afghanistan was already ill- electroshock weapons. Women protesters equipped to deal with a mid-year surge in were beaten. On 7 September, the Taliban Covid-19 cases. Internally displaced people shot and killed Omid Sharifi, a civil society living in overcrowded conditions with activist, and Bashir Ahmad Bayat, a insufficient access to water, sanitation and 6 schoolteacher, as they protested against the health facilities were at particular risk. As of Taliban in Herat province. Eight other 15 November there had been at least 7,293 protesters were injured. On 8 September, the deaths from Covid-19. About 7% of the Taliban’s Ministry of the Interior issued an population were vaccinated. order banning all demonstrations and Health workers and health facilities came gatherings “until a policy of demonstration is under attack throughout the year. Nine polio codified”. vaccinators were shot and killed in Despite assurances that it would respect Nangarhar province in the first six months of 7 freedom of expression, the Taliban severely the year. In October, the Taliban committed curtailed media freedom. Journalists were to supporting the resumption of a nationwide detained and beaten and had equipment polio vaccination campaign and to permit the confiscated, particularly when covering involvement of women frontline workers. protests. Media workers, particularly women, They also committed to provide security and were intimidated, threatened and harassed, safety for all frontline health workers. forcing many to go into hiding or leave the IMPUNITY country. House-to-house searches for journalists were conducted, particularly those On 27 September the Prosecutor of the ICC working for western media outlets. On 20 announced plans to resume investigations August, Taliban members broke into the into crimes committed in Afghanistan, but home of a journalist working for the German focused only on those crimes allegedly media outlet Deutsche Welle. Unable to find committed by the Taliban and IS-K. The him, they killed one of his relatives and decision to “deprioritize” investigations into injured another. By late October, more than possible war crimes committed by the 200 media outlets had closed. The Afghan National Directorate of Security, ANDSF, US Journalist Safety Committee announced that armed forces and the US Central Intelligence at least 12 journalists had been killed and Agency risked further entrenching impunity 230 assaulted in the 12 months to November and undermining the legitimacy of the ICC.8 2021. RIGHT TO HEALTH 1. “Afghanistan: Unspeakable killings of civilians must prompt end to impunity”, 10 May The already weak health sector was further 2. “Afghanistan: Taliban responsible for brutal massacre of Hazara men damaged in August by the suspension of – new investigation”, 19 August international aid to the System Enhancement 3. “Afghanistan: Unravelling of women’s and girls’ rights looms as for Health Action in Transition Project for peace talks falter”, 24 May Amnesty International Report 2021/22 67

4. The Fate of Thousands Hanging in the Balance: Afghanistan’s Fall FREEDOM OF EXPRESSION into the Hands of the Taliban, (Index: ASA 11/4727/2021), 21 In April, the Special Anti-Corruption Structure September seized the database containing the personal 5. “Afghanistan: Taliban must allow girls to return to school data of 900,000 citizens (see above: Right to immediately – new testimony”, 13 October 6. “Afghanistan: Oxygen and vaccines urgently needed as Covid-19 privacy) from the news portal Lapsi.al, which had made it public. Concerns arose infections surge”, 11 June 7. “Afghanistan: Despicable killing of female polio vaccine workers regarding freedom of expression, protection of sources and intimidation of journalists. The must be investigated”, 30 March 8. Afghanistan: ICC Prosecutor’s Statement on Afghanistan Jeopardises European Court of Human Rights (ECtHR) his Office’s Legitimacy and Future (Index: IOR 53/4842/2021), 5 issued an interim measure ordering the October authorities to cease seizing any data from the news portal. While filming a police operation in July, ALBANIA journalist Ergys Gjencaj was physically attacked by officers. He was detained and his Republic of Albania phone was confiscated. Head of state: Ilir Meta Head of government: Edi Rama CRUEL, INHUMAN OR DEGRADING TREATMENT In April, parliamentary elections confirmed In July, following the ECtHR decision on the third mandate for the ruling Socialist Strazimiri v. Albania, the High Court ordered Party. The right to privacy of around that Arben Strazimiri be moved from prison 900,000 citizens was violated. Violence facilities to a specialized medical institution, persisted against women, journalists and in order to end the inhuman and degrading LGBTI people. The absence of a specialized treatment he had suffered. medical institution made implementation of RIGHT TO HEALTH European Court of Human Rights and High Court rulings impossible. In August, the Ministry of Health ordered RIGHT TO PRIVACY compulsory Covid-19 vaccination for high- risk groups such as medical staff, teachers In early April an unlawful database holding and students. the personal data of some 900,000 citizens According to the Ombudsman, the number and used by the Socialist Party for electoral of people infected with Covid-19 far purposes was leaked days before the outnumbered the treatment packages for elections. A total of 162 citizens sued the which they could be reimbursed. Patients Socialist Party for violation of data protection diagnosed during March-November 2020, as law. In December, two other databases were well as those tested positive by private health leaked, causing public outrage. They held institutions, were not eligible to be personal data such as salaries, workplaces reimbursed for medication. and type of car owned for more than 600,000 taxpayers. LGBTI PEOPLE’S RIGHTS In July, the Constitutional Court nullified LGBTI people remained subject to certain provisions of the Law on the State discrimination and harassment. A Police which had allowed the police to transgender woman was beaten in the street. conduct mass surveillance of citizens without In June, the Civil Registry prohibited a prior court authorization. Those provisions lesbian couple from registering as parents. were found unconstitutional as they imposed VIOLENCE AGAINST WOMEN AND GIRLS illegal limitations on the right to privacy. Women candidates faced hate speech during the electoral campaign in March. Amnesty International Report 2021/22 68

Violence against women sparked public consensual same-sex sexual relations outrage. By early December, 2,754 protection remained criminalized. orders had been issued, but were poorly BACKGROUND implemented. According to State Police, of all murders committed during the year, 30% Following legislative elections in June, which were by men against their domestic partners; saw the lowest turnout in 20 years, a new 16 women were killed. In May, one woman government was established in July. was murdered at Elbasan District Court after In August, Algeria cut diplomatic ties with her divorce hearing. Morocco. RIGHT TO A FAIR TRIAL According to the Algerian authorities, about 14.6% of the Algerian population was Justice reform continued slowly. The ECtHR vaccinated against Covid-19 by December. upheld the legitimacy of the vetting process FREEDOM OF EXPRESSION in the case of a constitutional judge who was dismissed, after assessing her claims for Authorities arrested and detained hundreds violations of the rights to fair trial and privacy. of political and civil society activists as well as journalists for expressing their views or for REFUGEES’ AND MIGRANTS’ RIGHTS doing their jobs, prosecuting them under 1 In August, the prime minister announced that vaguely worded Penal Code provisions. Albania would temporarily host 4,000 people From April onwards, authorities increasingly from Afghanistan. By October, 866 had resorted to terrorism-related charges to arrest arrived and were granted temporary and detain human rights defenders, protection status for one year. journalists and other individuals for their legitimate political activism or speech. Those targeted included members or perceived ALGERIA members of the unregistered political organizations Rachad and the Movement for the Self Determination of Kabylie (MAK), People’s Democratic Republic of Algeria Head of state: Abdelmadjid Tebboune which in May the authorities declared were Head of government: Aïmene Benabderrahmane “terrorist” organizations. (replaced Abdelaziz Djerad in June) In April, a court in Oran city in west Algeria prosecuted a group of 15 activists, human Authorities continued to arrest, prosecute, rights defenders and journalists – including detain and convict activists linked to the Kaddour Chouicha, Jamila Loukil and Said mass, peaceful protest movement known as Boudour – for “terrorism” for exercising their 2 Hirak, as well as human rights defenders right to freedom of expression. In October, a and journalists for expressing their views or judge transferred their files to a dedicated covering protests. Courts increasingly anti-terrorism chamber inside a court in the resorted to terrorism-related charges to capital, Algiers. prosecute and detain activists and In September, judicial authorities used journalists for their alleged ties with two terrorism-related charges to provisionally unregistered political organizations. detain two journalists, Hassan Bouras and Authorities disbanded a prominent Mohamed Mouloudj, for their online association. They also ordered at least three criticisms of the authorities and alleged ties 3 churches to close and prosecuted at least with Rachad and the MAK. six Christians for exercising their right to Authorities also violated the right to freedom freedom of religion. Thousands of asylum of expression in other ways during 2021. In seekers and migrants were expelled to Niger April, a tribunal in Algiers ordered the without due process. Discrimination against provisional detention of five Hirak activists for women in law and practice continued, and videos they published online, including one Amnesty International Report 2021/22 69

that denounced the alleged sexual abuse of a months’ imprisonment and a fine for boy in police custody. In July, authorities “harming the national interest” and arrested and provisionally detained Fethi “incitement to unarmed gathering”. Ghares, leader of the Social and Democratic Authorities cracked down on associations Movement (MDS), for publicly criticizing the and political parties who they perceived as authorities during a press conference at the organizing activities that did not conform with party’s headquarters. the law. In May, the interior ministry In May, the High Council of Magistracy announced that only authorized protests were dismissed Sadedin Merzoug, a judge and a allowed. Hundreds of peaceful protesters founder of the Club of Algerian Magistrates, were arrested and detained during the year.4 for expressing support for Hirak and In April, the interior ministry asked the democracy. Administrative Tribunal to suspend two Authorities arbitrarily arrested at least three political parties, the Socialist Workers Party journalists for their work and prosecuted and the Union for Change and Progress. them on charges related to their reporting. On 13 October, the Administrative Tribunal They also closed two TV channels on dissolved the Youth Action Rally (RAJ) security-related grounds and suspended two association. other channels for a week because of TORTURE AND OTHER ILL-TREATMENT programmes they broadcast. In May, a tribunal in Algiers sentenced journalist Kenza Police continued to ill-treat activists and Khatto from Radio M to a three-month peaceful protesters during protests and in suspended prison term for covering a protest. custody.5 In September, the Appeal Court in Algiers On 26 March, in El Bayadh city in west postponed the appeal of journalist Khaled Algeria, police arrested Hirak activist Ayoub Drareni to 2 December, to rule on his two- Chahetou and raped him in custody by year prison sentence for covering Hirak inserting a finger into his anus, according to protests. his testimony. A judge refused to hear his In October, a tribunal in Tamanrasset city in testimony. Chahetou was sentenced ̶ on the south sentenced on appeal journalist appeal ̶ to six months in prison, of which Rabah Karèche to a year in prison with six two months were suspended. months suspended for “harming national FREEDOM OF RELIGION AND BELIEF security” and “spreading false news”. FREEDOM OF ASSOCIATION AND Authorities used Decree 03-06 of 2006, ASSEMBLY which restricts the exercise of religions other than Islam, and the Penal Code to prosecute Hirak protests, which halted in 2020 due to or convict at least 11 individuals for Covid-19, resumed in February on a sporadic “exercising cults other than Islam” or basis, with the authorities at times arresting, “insulting” Islam. prosecuting and detaining peaceful In February, a court in Oran city sentenced protesters. In May, a court in Algiers ordered on appeal Rachid Seighir, a Christian pastor the pretrial detention of peaceful protesters and owner of a bookshop, and Nouah Fatima Boudouda and Moufida Kharchi in Hamimi, who worked in the bookshop, each connection with a demonstration on 21 May to one year in prison and a fine for material in Algiers, pending investigation on charges that was in the shop. The two men were of “incitement to unarmed gathering” and awaiting a ruling by the Supreme Court. “conspiracy against the state”. They were still In April, a tribunal in Algiers convicted detained at the end of the year. Islamic scholar Said Djabelkheir to three In November, a court in Algiers sentenced years in prison for “offending” Islam in online Nacer Meghnine, president of the cultural posts that, among other things, referred to association SOS Bab El-Oued, to eight some texts in the Qur’an as myths. On 4 May, Amnesty International Report 2021/22 70

a tribunal in Chéraga, a suburb of Algiers, Algerian media reported interceptions by sentenced activist Amira Bouraoui to two Algeria’s coastguard of migrants’ dinghies years in prison for “offending” the Prophet heading for Spain. One such interception Muhammad in online posts about him. The returned Hirak activist Brahim Laalami, who verdict was confirmed on appeal on 18 was subsequently sentenced to three months October. in prison for irregular exit. At least 29 In December, a judge in Ain Defla city in migrants attempting to reach Europe died off north Algeria sentenced Foudhil Bahloul, a the coast of west Algeria between April and Christian convert, to a six-month prison June. sentence and a fine for illegally “accepting Despite government efforts to vaccinate donations”. Sahrawi refugees in camps in Tindouf from On 7 July, authorities ordered the sealing the beginning of May, the Covid-19 wave in and closure of three Protestant churches in July resulted in over 63 deaths of refugees. Oran city. WOMEN'S RIGHTS RIGHT TO HEALTH The Penal Code and Family Code continued Between July and mid-August, a third wave to unlawfully discriminate against women in of Covid-19 led to hundreds of deaths and a matters of inheritance, marriage, divorce, shortage of oxygen supplies. child custody and guardianship. The National Syndicate of Practitioners of Algerian law still does not explicitly Public Health recorded 470 deaths of health recognize marital rape as a crime. The Penal sector workers due to Covid-19 between Code’s “forgiveness clause” continued to March 2020, when the pandemic began, and allow rapists to escape punishment if their August 2021. victims pardon them. Authorities took no steps to address REFUGEES’ AND MIGRANTS’ RIGHTS violence against women. The women’s group Authorities continued to detain asylum Feminicides Algérie recorded at least 55 seekers indefinitely while seeking to facilitate femicides in 2021, saying that the police had their deportation before their asylum claim failed to adequately investigate those cases or had been fully evaluated. Irregular migration prosecute those responsible. remained punishable by up to two years in prison. From December 2019 to June 2021, LGBTI PEOPLE’S RIGHTS authorities arbitrarily detained in degrading The Penal Code continued to criminalize and insanitary conditions seven Yemeni consensual same-sex sexual acts, which asylum seekers registered with UNHCR, after remained punishable by up to two years’ originally denying them access to the UN imprisonment and a fine. refugee agency. DEATH PENALTY Authorities continued to round up and collectively expel asylum seekers and Courts continued to hand down death migrants across the Niger border without due sentences; no executions were reported. process or individual evaluations of their protection needs, often forcing them to walk 1. “Algeria: Repressive tactics used to target Hirak activists two years long distances in the desert before reaching on”, 22 February the nearest town in Niger. Expelled migrants 2. “Algeria: Drop trumped-up charges against three human rights often reported or bore signs of physical defenders”, 17 May abuse. Between January and August, the 3. “Algeria: Stop using bogus terrorism charges to prosecute peaceful project Alarm Phone Sahara documented the activists and journalists”, 28 September expulsions of at least 16,580 individuals, 4. “Algeria: Scores detained in escalation of crackdown against including children. activists”, 24 June Amnesty International Report 2021/22 71

5. “Algeria: Islamic scholar sentenced to three-year prison term for in need of abortions were compelled to travel ‘offending Islam’”, 22 April to France and Spain to seek the healthcare they needed. In March Andorra rejected all ANDORRA UPR recommendations to decriminalize abortion. Principality of Andorra FREEDOM OF EXPRESSION Co-heads of state: Joan Enric Vives Sicília and Defamation and related offences against Emmanuel Macron public officials and institutions remained a Head of government: Xavier Espot Zamora criminal offence. In March the Andorran authorities rejected a UPR recommendation Access to abortion remained fully to decriminalize defamation in line with criminalized. A woman human rights international human rights standards. defender faced criminal charges after raising concerns about women’s rights, 1. “Andorra: Defamation charges against activist who raised rights including access to abortion, at a UN concerns before UN Committee must be dropped”, 16 February committee. HUMAN RIGHTS DEFENDERS ANGOLA In January, three UN Special Rapporteurs and the Working Group on discrimination Republic of Angola against women and girls called on the Head of state and government: João Lourenço Andorran authorities to put an end to the apparent retaliation against Vanessa Security forces continued to carry out Mendoza Cortés for her engagement with UN serious human rights violations, including human rights mechanisms. dozens of unlawful killings, using excessive In February, Vanessa Mendoza Cortés, and unnecessary force. The police violated president of the organization Stop Violence, the rights to freedom of expression while appeared before a judge to answer charges peaceful protesters faced arbitrary arrest brought by the public prosecutor in 2020 and detention. Pastoral communities had following a complaint by the Andorran their land expropriated for use by government as a result of her intervention at commercial farmers. The government the CEDAW Committee, and statements she responded inadequately to secure food and made in 2019 to the press, calling for the water for victims of land dispossession, decriminalization of abortion and an drought and displacement. The 1 improvement to women’s rights. The original embezzlement of state funds undermined charges against her included offences of the government’s ability to alleviate slandering the co-prince and government widespread economic hardship and address institutions. In June, the public prosecutor the failing health sector. dropped two charges of slandering with BACKGROUND prison sentences but kept the charge against the prestige of the institutions involving a fine Concerns remained over the rising cost of of up to 30,000 euros. living and Covid-19-related economic and All criminal charges against Vanessa social devastation. Public awareness of Mendoza Cortés were still pending at the end inequity, especially among the young, grew in of the year. response to the shocking contrast of images SEXUAL AND REPRODUCTIVE RIGHTS of starving people in rural areas, particularly in the southern region, and opulence in the A discriminatory and harmful total ban on capital, Luanda. While most Angolans faced abortion was still in place. As a result, people severe food shortages, the “Operation Crab” Amnesty International Report 2021/22 72

investigation, led by the State Information On 30 May, the police in Cabinda arrested and Security Services and the Criminal and detained several protesters after violently Investigation Service (SIC), uncovered ending their procession and confiscating their millions in embezzled public funds in various property, including mobile phones and bags. currencies, and other assets, in the private The demonstration was part of a larger five- homes of 24 senior government officials. The province protest against hunger, president was compelled to fire eight of them, unemployment and the unaffordable cost of most of whom were military generals and living. close to him, but public scepticism remained. FREEDOM OF EXPRESSION AND UNLAWFUL KILLINGS ASSEMBLY Security forces used excessive force to crack Economic and social crises and human rights down on peaceful protests, killing dozens of violations fuelled an increase in protests protesters. In January, they shot and killed throughout the country. However, security dozens of activists who were peacefully forces stepped up nationwide operations to protesting against the high cost of living in prevent them from taking place. For example, the mining town of Cafunfo in Lunda Norte on 4 February, the police stopped members province. In addition to shooting at peaceful of the Contestatory Civil Society in Luanda protesters on the streets, the security forces from peacefully protesting to demand political hunted them down in surrounding alternatives to the 45-year rule of the neighbourhoods and forests. While the exact government party, the People’s Movement for numbers killed and injured remained the Liberation of Angola (MPLA). Again, on unknown, reports emerged of bodies 21 August, the police prevented civil society 1 dumped in the nearby Cuango river. groups from conducting a protest in Luanda. Although Lunda Norte province is rich in The groups, who had organized under the minerals, its residents lived in devastating consortium United Angola Movement, were poverty with poor education, health, peacefully protesting against human rights transportation, water and sanitation services. violations, increasing economic and social To survive, many people, especially young misery, and in favour of the newly announced men, practised artisanal mining of diamonds; United Patriotic Front, a union of opposition some had been killed by diamond company political parties set to challenge the MPLA in security guards over many years. Suspected the 2022 general election. perpetrators of these killings enjoyed On 30 August, the police prevented activists impunity for their crimes. from gathering in front of parliament to ARBITRARY ARRESTS AND DETENTIONS protest against the new electoral law under parliamentary debate. On 25 September, they The authorities continued to arbitrarily arrest stopped hundreds of Angolan Student and detain peaceful protesters and Movement members from peacefully community leaders. For example, following protesting against fee increases in public and the violent repression of a peaceful protest on private secondary and post-secondary 8 February, the SIC arrested José Mateus institutions. Zecamutchima, the leader of the Lunda Attacks on media freedom continued as the Tchokwe Protectorate Movement. They authorities suspended private television accused him of “association with evil-doers channels’ licences, while opposition militants and armed rebellion” and “leading the prevented journalists from doing their work. rebellion to overthrow the government”, and On 19 April, the Ministry of transferred him from Lunda Norte to a Telecommunications, Information detention centre in Luanda. He was denied Technologies and Social Communication contact with his lawyer and remained in (MINTTICS) suspended the licences of detention. television channels Zap Viva, Vida TV and TV Amnesty International Report 2021/22 73

Record Africa Angola, resulting in hundreds consultations and provide adequate of job losses. MINTTICS alleged that these compensation; all these aggravated the crisis. companies were operating under provisional RIGHT TO FOOD registrations and would remain suspended Drought, alongside the unlawful occupation until they regularized their status. The three by commercial farmers of communal grazing media companies were taken aback by the land, eroded the ability of pastoral suspensions, saying they had not received communities to produce food for themselves. prior information or notification of any Data indicated that low rainfall had caused 2 administrative procedure against them. the worst drought in 40 years and that On 11 September, National Union for the malnutrition was at its peak due to lack of Total Independence of Angola militants food, water and safe sanitation, with women, prevented TV Zimbo reporters from covering children and older people disproportionately their public protest in Luanda. While the affected. reporters confirmed the incident, they The widescale death of cattle in a region preferred to remain anonymous for fear of which relies on such stock as the basis of its reprisals. economic, social and cultural wealth, ECONOMIC, SOCIAL AND CULTURAL weakened the communities’ resilience. RIGHTS Pastoralists in Curoca, Oukwanyama and Onamakunde municipalities in Cunene Economic and social misery was intensified province, Quipungo and Gambos by the haemorrhaging of public funds into municipalities in Huila province, and Virei senior government officials’ personal bank and Bibala municipalities in Namibe accounts and their private homes. In June, province, lacked access to food, and dozens the General Public Prosecutor announced of them were dying of hunger and the arrest of 24 senior military officials of the malnutrition, particularly older people and Office of the Head of State Security Affairs, children. accused of embezzling large sums of funds Throughout the country, people living in from state coffers. One of them was arrested poverty and in marginalized communities at Luanda airport, as he tried to leave the became severely food insecure and many country with two suitcases of cash. He turned to foraging amongst rubbish for food reportedly owned a fleet of 15 luxury to feed themselves and their families. vehicles, 51 properties in Angola, Namibia RIGHT TO WATER and Portugal, in addition to boxes and bags Extreme water shortages in the southern found in his apartments which contained provinces, regions which are home to most AOA 10 million, €4 million and US$1.2 pastoral communities, particularly affected million. Meanwhile, the country’s public debt women and girls who travelled long distances exceeded 100% of the GDP. and spent extended periods searching for Cunene, Huíla and Namibe provinces water. The communities competed with continued to face extreme weather conditions domestic and wild animals for unsafe muddy symptomatic of climate change. The water, collected from naturally occurring prolonged drought resulted in food and water holes and ponds. scarcity. Consequently, many people and In addition, water shortages created the their cattle died, and others sought refuge in conditions for hygiene-related diseases. Namibia. Diversion of traditional grazing Children, in particular, displayed signs of lands by government authorities for scabies and skin damage due to lack of commercial farming continued, violating regular bathing. Consequently, they domestic and international human rights scratched their skin day and night, often standards, including by the failure of the using rocks, until they bled, to experience authorities to carry out community momentary relief from itchiness. Amnesty International Report 2021/22 74

RIGHT TO HEALTH hygiene and, in some cases, family Covid-19 and its associated restrictions reunification. aggravated the effects of decades of Healthcare and essential workers continued underfunded services. This was most visible playing a key role in the response to in the health sector, which was on the brink Covid-19. By the end of the year 71.9% of of collapse. A public outcry from the Angola the population had been fully vaccinated. Doctors Union went unanswered. On average, dozens of people died each day in WOMEN’S RIGHTS Luanda hospitals alone. According to the The pandemic exacerbated existing gender union, despite the Covid-19 pandemic, the inequalities. For example, unpaid domestic most common causes of death were malaria, and care work that would represent 16% of malnutrition, acute diarrhoeal diseases, lack GDP if it were paid, increased to 21.8% as a of medicines and, among health workers, result of the pandemic, according to official overwork. The pandemic’s economic and data. Women performed over 76% of social impact caused an exponential increase domestic and care work in the country. in the large numbers of sick people using In July, Argentina recognized identities hospitals that were unable to meet demand. beyond the binary categories of gender in the registration and identification systems 1. “Angola: Shooting spree by security forces kills at least 10 (Decree No. 476/21). Congress passed Law 27,636 recognizing a quota for transgender protesters”, 2 February 2. “East and Southern Africa: Media freedoms curtailed as Covid-19 employment. regional crises expose urgent need for access to information”, 3 May VIOLENCE AGAINST WOMEN AND GIRLS According to civil society monitoring groups, ARGENTINA there were at least 256 femicides in 2021. In numerous cases the victim had previously Argentine Republic filed complaints against the perpetrator, Head of state and government: Alberto Fernández restraining orders had been violated and the perpetrator was a member of the security The Covid-19 pandemic continued to forces. These cases demonstrated the lack of exacerbate existing inequalities amid the effective public policies and measures to country’s ongoing economic crisis. Violence address gender-based violence and the against women and girls and the lack of absence of a gender perspective among law effective measures to address it remained a enforcement officials. serious concern. There were challenges Sex workers’ movements reported an regarding implementation of the 2020 law increase in harassment and arbitrary legalizing abortion. Impunity persisted for detentions by the City of Buenos Aires enforced disappearances and excessive use security forces in the context of Covid-19 of force by law enforcement officials. restrictions. BACKGROUND SEXUAL AND REPRODUCTIVE RIGHTS The country’s profound economic and social During the first year after Congress approved crisis continued. According to official figures, the law for the decriminalization and by June, 40.6% of the population was living legalization of abortion within the first 14 in poverty and the unemployment rate was weeks of pregnancy, challenges persisted 8.6% in the third trimester of the year. over implementation. No jurisdiction, either Strict controls on movement, reinstated in national or local, undertook a mass campaign response to the second wave of Covid-19, left to provide information on access to abortion. hundreds of Argentinians stranded abroad, There were reports of abusive use of without access to adequate healthcare or conscientious objection clauses, delays in Amnesty International Report 2021/22 75

public and private sector facilities and the Chubut province 78 days after the security collapse of the national 0800 hotline for forces had closed off the area. abortion consultations and referrals. Concerns remained over the lack of By December, at least 37 judicial actions institutional public policies on effective had been initiated against the abortion law. searches for missing persons and However, the law remained in force. investigations of alleged enforced According to official data, every four hours a disappearances. girl aged under 15 gives birth in Argentina. A further autopsy was performed on Mauro Most are forced to carry to term pregnancies Coronel, who was tortured by police in that are the result of rape. Santiago del Estero province in May 2020. By Analysis from an official survey (Aprender the end of the year, no one had been 2019) revealed that only 4% of secondary charged in connection with his death. school students had access to all the basic EXCESSIVE USE OF FORCE and mandatory content of comprehensive sexuality education. On 17 November, 17-year-old Lucas González was shot and killed by members of INDIGENOUS PEOPLES’ RIGHTS the Buenos Aires City Police after plain- Indigenous peoples continued to face serious clothes officers in an unmarked car difficulties in accessing collective land rights. intercepted the car in which he was travelling The Executive Branch approved the with three friends, who also reported they extension of Emergency Law 26,160 ordering were subjected to torture and ill-treatment. the suspension of evictions of Indigenous On 11 June, Josué Lagos, a 23-year-old communities. However, the National Institute member of the Qom Indigenous people was for Indigenous Affairs barely made any shot by a member of the Chaco province progress in carrying out the survey of security forces during a police operation. The Indigenous territories mandated by the same Special Criminal Prosecutor's Office for law, with just 43% of the survey completed Human Rights ordered the release of the only by the end of the year. person charged in the case on grounds that IMPUNITY there was insufficient evidence to detain him further. The investigation continued. The Trials before ordinary civilian courts Comprehensive Approach to Institutional continued for crimes against humanity Violence by police officials in the Security and committed under the 1976-1983 military Penitentiary Services Bill remained pending regime. Between 2006 and September 2021, before the Lower House at the end of the 264 rulings were handed down, bringing the year. total number of convictions to 1,044 and acquittals to 162. REFUGEES’ AND MIGRANTS’ RIGHTS The investigation into the disappearance In May, the executive branch repealed and death of Facundo Astudillo Castro failed Executive Order 70/2017, which had to make significant progress by the end of the introduced serious regressive measures year. His body was found 107 days after he regarding migrants' rights. was reported missing in late April 2020. He Migrants, refugees and asylum seekers with was last seen at a police checkpoint in limited access to the formal labour market Buenos Aires province. and adequate housing were among those A decision by the Supreme Court in the most affected by Covid-19. case of the possible enforced disappearance Border restrictions continued to affect the of Santiago Maldonado remained pending at resettlement of refugees through Argentina’s the end of the year. His body was found in community sponsorship-based Syria 2017 in a river on Mapuche territory in Programme. Five Syrian refugee families with approval to travel to Argentina had their Amnesty International Report 2021/22 76

resettlement stalled and new community conflict but was re-appointed after his party sponsorship applications were suspended. won a majority in snap elections in June. The government failed to establish a new Security along the Armenia-Azerbaijan programme that would expand the border remained volatile with uncertainties resettlement opportunities to refugees of over demarcation lines. Occasional cross- other nationalities. border fighting led to military and civilian FAILURE TO TACKLE CLIMATE CRISIS casualties. The Covid-19 pandemic and the aftermath Although during the COP26 the executive of the 2020 conflict exacerbated the branch announced its commitment to country’s economic hardships. According to improve by almost 26% its nationally the World Bank, Armenia suffered an 8% determined contribution (NDC) compared to contraction in GDP, leading to the its 2016 NDC and to achieve carbon impoverishment of 70,000 people and driving neutrality by 2050, these targets remain 720,000 people into a lower welfare group. insufficient as they fail to align with the 1.5°C The elderly and less well-off were global warming commitment. Concerns disproportionately impacted by the remained over the failure to enact a law on pandemic, facing greater obstacles in conserving wetlands or to reform the accessing healthcare due to the lockdown hydrocarbons law, which promotes fossil restrictions and repurposing of public fuels. healthcare resources. Their ability to cover routine expenses – especially household services, utilities, food, medicines and ARMENIA medical services – also decreased significantly. Republic of Armenia Vaccination uptake remained low, with only Head of state: Armen Sarkissian 23 % of the population receiving a full dose Head of government: Nikol Pashinyan of the vaccine by December, amid a widespread anti-vax campaign. In response, There was no accountability or justice for in August, the government made Covid-19 victims of violations committed during the vaccination mandatory for all government 2020 Armenia-Azerbaijan conflict and its workers and many private company aftermath. Over 100 people were killed or employees. injured by mines planted by Armenian VIOLATIONS OF INTERNATIONAL forces in areas ceded to Azerbaijan. Some HUMANITARIAN LAW 36,000 ethnic Armenians remained internally displaced. Peaceful protests were No progress was made in investigating war largely permitted after Covid-19 and martial crimes and other violations of international law restrictions were lifted, but freedom of humanitarian law during the 2020 conflict expression and access to information and its immediate aftermath, or in bringing continued to be restricted. Environmental those suspected of individual criminal concerns at the Amulsar gold mine responsibility to justice. remained unaddressed. Domestic violence Over 100 people were reported killed or remained a widespread problem, injured by mines planted by Armenian forces exacerbated by the Covid-19 pandemic. in territories where they had ceded control to BACKGROUND Azerbaijan. Armenia shared several maps detailing landmine fields in exchange for Political tensions remained high throughout Azerbaijan returning Armenian captives. In the year. The prime minister resigned in April December the president of the European following months of anti-government protests Council reported that Armenia had returned over his handling of the Armenia-Azerbaijan Amnesty International Report 2021/22 77

all landmine maps. However, the accuracy of into his alleged incitement of national hatred these maps was challenged by Azerbaijan. had been opened in October 2020, after he INTERNALLY DISPLACED PEOPLE’S published an online interview on problems RIGHTS faced by the ethnic Yazidis. His trial started in August and was ongoing at the end of the Many of the approximately 91,000 people year. If convicted, he could face three to six displaced at the height of the fighting in 2020 years in prison. returned to Stepanakert/Khankendi and other The Prosecutor General’s Office and state parts of the Nagorno-Karabakh region, which investigative bodies failed to effectively remained under the control of Armenia. investigate attacks and threats against NGOs Some 36,000 people remained displaced in and media outlets, including looting of the Armenia and Armenia-controlled Nagorno- offices of Radio Free Europe/Radio Karabakh, and 24,000 of them from areas Liberty and Open Society Foundations, in the controlled by Azerbaijan faced long-term aftermath of the conflict in 2020. displacement. Returnees faced difficulties in ENVIRONMENTAL DEGRADATION accessing livelihoods, education and healthcare. The Amulsar gold mine project in southern FREEDOM OF ASSEMBLY Armenia remained halted, pending the outcome of an ongoing criminal investigation Peaceful protests and demonstrations were into intentional concealment of information largely permitted throughout the year. By on its environmental impacts. The January, the government had rescinded most investigation was launched in response to public health and emergency law-related protests by local residents and environmental restrictions imposed due to security concerns campaigners since 2018. and the Covid-19 pandemic, including restrictions on public gatherings. WOMEN’S RIGHTS FREEDOM OF EXPRESSION Women continued to be affected by higher levels of domestic violence during the The right to freedom of expression continued Covid-19 pandemic while access to services to be unduly restricted. and protection remained inadequate. The The government introduced several pandemic also exacerbated the heavy burden legislative amendments curtailing of unpaid care work which continued to fall independent media and other critical voices. mainly on women and girls. In March, the National Assembly increased the maximum fine for insult and defamation to AMD 6 million (approximately AUSTRALIA US$12,000). In August, another set of legislative amendments criminalized insulting Australia public figures, making repeated insults Head of state: Elizabeth II, represented by David Hurley punishable by up to three months’ Head of government: Scott Morrison imprisonment. In September, police opened a criminal case under this new law against a The rights of Indigenous peoples, refugees Facebook user for insulting the prime and asylum seekers continued to be minister in a comment under a photo violated. Proposed new legislation featuring him. threatened to further entrench The authorities continued the prosecution discrimination against LGBTI people. on trumped-up charges of human rights Government responses to sexual and defender Sashik Sultanian in retaliation for gender-based violence against women his criticism of the treatment of the Yazidi remained inadequate. No one was held ethnic minority in Armenia. An investigation accountable for alleged war crimes Amnesty International Report 2021/22 78

committed by Australian troops in accepted for resettlement decreased from Afghanistan. 18,750 in 2020 to 13,750 in 2021. BACKGROUND In the context of the crisis in Myanmar, the government committed to temporarily extend Lockdown measures in response to the visas of Myanmar citizens already in Covid-19 pandemic continued for much of Australia, but did not permit family the year in major cities. Stringent border reunifications. restrictions also remained in place. In April, IMPUNITY all arrivals from India were halted due to the Delta variant outbreak there. Critics An Office of the Special Investigator was described this government action as racist established to investigate allegations of war and xenophobic because it did not impose crimes committed by Australia’s Special such comprehensive bans on travel from Forces in Afghanistan between 2005 and other destinations with similar outbreaks. 2016. However, no action had been taken by the end of the year against any of the 19 INDIGENOUS PEOPLES’ RIGHTS members of Australia’s special forces referred The government’s first progress report on the for investigation by the Inspector-General of “Closing the Gap Agreement”, published in the Australian Defence Force in 2020. July, showed that targets for reducing incarceration rates of adult Aboriginal and LGBTI PEOPLE’S RIGHTS Torres Strait Islander people by at least 15% Attacks on the LGBTI community continued. had not been met. Whereas detention levels The government announced plans to among Indigenous children dropped slightly, introduce a revised Bill on Religious Freedom rates among adults increased. that included provisions that would allow Twenty-six Indigenous people were reported religious schools to refuse to hire or dismiss to have died in custody between July 2020 teachers on grounds of their sexual and June 2021, bringing the total number of orientation or gender identity. deaths to at least 500 since the 1991 Royal SEXUAL AND GENDER-BASED VIOLENCE Commission into Aboriginal Deaths in Custody. No one had been held to account in In February a former staffer in the Federal relation to any of these deaths. Government revealed that she had been raped inside Parliament House in 2019. CHILDREN’S RIGHTS Although senior ministers were made aware Australia continued to detain children as of the allegations no action was taken against young as 10 years old, but efforts to raise the her alleged attacker at the time, who was only age of criminal responsibility progressed. In charged after the allegations became public. October, the Australian Capital Territory Recommendations, including for legislative committed to increase the minimum age of reforms, made by the Australian Human criminal responsibility to 14. Rights Commission in 2020 following its inquiry into sexual harassment in the REFUGEES’ AND MIGRANTS’ RIGHTS workplace had not been fully implemented by The brutal treatment of refugees and asylum the end of the year. seekers continued. This included their FAILURE TO TACKLE CLIMATE CRISIS indefinite and arbitrary detention within Australia, and in Nauru and Papua New The government continued to fund coal and Guinea, although the government announced gas development projects, often in violation of an end to offshore processing in Papua New Indigenous peoples’ rights whose land was Guinea by the end of the year. Those arriving affected. It failed to adopt carbon emission by boat were not permitted to apply for reduction targets consistent with its asylum in Australia. The number of refugees obligations under the Paris Agreement and Amnesty International Report 2021/22 79

human rights law, and its 2021-22 budget In February, the government put forward the emphasized a “gas-led recovery” over Freedom of Information Bill, which contained renewable energy. measures to improve access to information, including by abolishing official secrecy. Concerns remained over the effectiveness of AUSTRIA the procedure should the authorities decide to deny access to information, as well as the Republic of Austria lack of an independent information Head of state: Alexander Van der Bellen commissioner and an effective mechanism Head of government: Karl Nehammer (replaced for the protection of whistle-blowers. The bill Alexander Schallenberg in December, who replaced was passed to the relevant ministry in April, Sebastian Kurz in October) but no revised proposal was presented to parliament by the end of the year. Reforms of Some bans on public assemblies the intelligence service, which entered into disproportionately restricted the right to force on 1 December, fell short of ensuring freedom of peaceful assembly. Whistle- protection for whistle-blowers and blowers lacked effective protection. There establishing an independent oversight was insufficient support for women mechanism. survivors of gender-based violence. Afghan nationals continued to be deported to WOMEN’S AND GIRLS’ RIGHTS Afghanistan until shortly before the Taliban The number of femicides remained high and takeover of the country in August. The the authorities again failed to provide regular use of facial recognition technology sufficient resources to improve access to was introduced in law enforcement women’s support services. Barriers in operations in August 2020. Failures to accessing affordable and safe abortion effectively investigate allegations of ill- services persisted. treatment by the police persisted. Social Migrant women caring for older people in assistance benefits in some states were their homes received low wages, worked inadequate. The right to adequate housing excessively long hours without adequate was not protected. breaks and faced barriers in accessing social security benefits because of multiple FREEDOM OF ASSEMBLY 1 discrimination. The authorities used laws enacted to counter the Covid-19 pandemic to ban some public REFUGEES’ AND MIGRANTS’ RIGHTS assemblies. Courts found that, in some Between January and August, 64 Afghan cases, the bans constituted a nationals were deported to Afghanistan, disproportionate restriction of the right to despite a real risk of serious human rights freedom of peaceful assembly. violations upon return. FREEDOM OF EXPRESSION In August, the government opposed the evacuation of Afghans fleeing the Taliban Civil society organizations raised concerns takeover of Afghanistan. The government also over a decline in press freedoms. Fifteen civil continued to oppose the relocation of asylum society organizations described as excessive seekers from the Greek islands. the criminal prosecution of Julian H., who In July, the Styrian Regional Administrative played a key role in the making of the so- Court ruled that a group of seven asylum called “Ibiza video” alleging high-level seekers had been illegally pushed back to corruption. His trial, which began in Slovenia, noting that such illegal pushbacks September, was ongoing at the end of the were a recurrent practice. year. Amnesty International Report 2021/22 80

DISCRIMINATION lockdown measures, ended in March. In the In July, the Anti-Terrorism Act was adopted. absence of government measures to continue Civil society organizations and UN experts to prohibit evictions, experts anticipated a raised concerns that the newly introduced wave of evictions. crime of leading or founding a “religiously motivated extremist organization” would 1. Austria: “We Just Want Some Rights!”: Migrant Care Workers Denied stigmatize and discriminate against Muslims. Rights in Austria (Index: EUR 13/4326/2021), 1 July In August 2020, the regular use of facial recognition technology was introduced in law enforcement operations. This raised AZERBAIJAN concerns regarding its potentially discriminatory impact on ethnic and racial Republic of Azerbaijan minorities, as well as the rights to privacy, Head of state: Ilham Aliyev freedom of expression and peaceful Head of government: Ali Asadov assembly. The number of allegations of racial profiling There was no accountability for violations by police remained high. committed during the 2020 Armenia- Azerbaijan conflict and its aftermath. DETAINEES’ RIGHTS Military hostilities negatively impacted the In May, the Ministry of Justice proposed enjoyment of economic, social and cultural measures to reform the system of preventive rights. Most Azerbaijanis displaced during measures of detention for offenders with that conflict returned, but ethnic mental illness. However, their access to Azerbaijanis displaced from within and near adequate healthcare was not addressed by Nagorno-Karabakh during the 1990s did the planned reforms. not. Persecution and harassment of EXCESSIVE USE OF FORCE government critics continued. Peaceful protests were violently broken up. Arbitrary Failures to effectively investigate allegations restrictions continued to cripple the work of of excessive use of force by the police human rights defenders and NGOs. Gender- persisted. An independent investigation body, based violence and torture and other ill- announced by the government in January treatment remained widespread. 2020, had not been established by the end of BACKGROUND the year. Impunity and lack of accountability were also worsened by the continuing lack of International revelations of abusive a requirement for police officers to wear surveillance and corruption implicated the identification badges. Azerbaijani authorities. In July, a collaborative RIGHT TO SOCIAL SECURITY investigation with journalists, media organizations and others exposed the In July, six federal states implemented the Azerbaijani authorities as spying on hundreds Fundamental Law on Social Assistance which of local activists and journalists by using the provided for caps on social aid benefits for NSO Group’s Pegasus spyware. In October, adults rather than ensuring a minimum level another investigation led by the International of cash and in-kind benefits to ensure a life Consortium of Investigative Journalists – in dignity. the Pandora papers – found that the RIGHT TO ADEQUATE HOUSING president’s family and their close associates had been secretly involved in property deals The deferral of rental payments and the worth US$700 million in Britain using prohibition on evictions, agreed by the offshore companies. authorities in April 2020 to protect tenants Azerbaijan rolled out Covid-19 vaccines in unable to pay rent because of Covid-19 January. In September, proof of vaccination Amnesty International Report 2021/22 81

became mandatory to access most indoor INTERNALLY DISPLACED PEOPLE’S public places. As of December, 50% of the RIGHTS country’s population had been vaccinated The majority of the 40,000 Azeri civilians with one dose of the coronavirus vaccine and displaced to government-held territory during 45% had received two. the 2020 conflict returned to their homes. VIOLATIONS OF INTERNATIONAL However, conditions remained inadequate for HUMANITARIAN LAW the safe and dignified return of over 650,000 people displaced since the 1990s because of No substantive progress was made in mines, destruction of infrastructure and lost investigating war crimes and other violations livelihoods. of international humanitarian law during the FREEDOM OF EXPRESSION AND 2020 Armenia-Azerbaijan conflict and in its ASSEMBLY immediate aftermath or in bringing suspected perpetrators to justice.1 Peaceful protests over both political and Over 100 people were reported killed and social issues continued to be broken up by injured by mines planted by Armenian forces police using unnecessary and excessive in territories where they had ceded control to force, while peaceful protesters faced Azerbaijan. By the end of the year Azerbaijan arbitrary administrative and criminal charges. had reportedly handed over 60 captives to On 8 March in the capital, Baku, police Armenia, some in exchange for minefield detained 20 women activists attempting to maps in the conflict affected areas, including hold a peaceful march to mark International Agdam, Fizuli and Zangilan districts. The Women’s Day. They were taken to the police exact number of people remaining in captivity station and forced to sign “explanatory in Azerbaijan at the end of the year was statements” before being released. unknown. In its September report the Council On 1 and 15 December, also in Baku, of Europe raised concerns that dozens of police violently broke up peaceful rallies captives continued to be held in inhumane demanding the release of unfairly imprisoned conditions and subjected to speedy, unfair opposition activist Saleh Rustamli. Police trials, while the fate and whereabouts of used excessive force against protesters around 30 Armenian captives remained arrested at the 1 December rally, including unknown amid allegations of their enforced opposition activist Tofig Yagoublu, who was disappearance and possible killing. hospitalized with serious injuries. Five of the ECONOMIC, SOCIAL AND CULTURAL protesters detained on 1 December were RIGHTS given up to 30 days’ administrative detention, the rest were released. In November, the UN Committee on In March, 625 prisoners, including 38 Economic, Social and Cultural Rights people considered by local human rights (CESCR) noted “reports of economic, social groups to be detained for political reasons, and cultural rights violations, in the context of were freed by presidential pardon. Politically armed hostilities involving [Azerbaijan’s] motivated persecution and harassment of military forces” in 2020 in and around government critics continued unabated, Nagorno-Karabakh. These included the however, and many of its victims remained destruction of residential, educational, imprisoned. cultural and religious buildings. The Government critic Huseyn Abdullayev Committee called on Azerbaijan to effectively remained in prison, in spite of the UN investigate all violations reported in the Working Group on Arbitrary Detention context of military hostilities and provide regarding his deprivation of liberty as access to remedies for victims. arbitrary and UN human rights experts demanding his immediate release. In October, opposition activist Niyameddin Amnesty International Report 2021/22 82

Ahmedov was sentenced to 13 years’ continuing demands by local women’s groups imprisonment for sedition and financing the authorities made no progress in signing terrorism on apparently politically motivated or ratifying the Council of Europe Convention charges. on preventing and combating violence In March, bloggers Elchin Gasanzade and against women and domestic violence Ibragim Salamov were convicted of (Istanbul Convention), while the welcome defamation and sentenced to eight months’ given by pro-government media to imprisonment; and in January another neighbouring Turkey’s withdrawal from the blogger, Sadar Askerov, was detained, beaten treaty undermined the process further. and released after being forced to apologize TORTURE AND OTHER ILL-TREATMENT for a post criticizing local authorities. FREEDOM OF ASSOCIATION Reports of torture and other ill-treatment remained widespread. Allegations that Excessive restrictions both in law and Azerbaijani forces subjected captured practice continued to hinder the work of Armenians to torture or other ill-treatment human rights defenders and NGOs. In either when they were captured, during their November, the UN Committee for Economic, transfer or while in custody were not Social and Cultural Rights recommended that effectively investigated. Azerbaijan “repeal any legal provisions that unduly restrict the activities of non- 1. Armenia-Azerbaijan: In the Line of Fire: Civilian Casualties from governmental organizations”. Unlawful Strikes in the Armenian-Azerbaijani Conflict Over Nagorno- In May, the European Court of Human Karabakh (Index: EUR 55/3502/2021), 14 January Rights (ECtHR) ruled that Azerbaijan had 2. Azerbaijan: Gender-Based Reprisals Against Women Must Stop arbitrarily denied registration to 25 NGOs in (Index: EUR 55/4103/2021), 12 May violation of the right to freedom of association (Mehman Aliyev and others v. Azerbaijan and Abdullayev and others v. Azerbaijan). In BAHRAIN October, another ECtHR ruling against Azerbaijan found that the authorities had Kingdom of Bahrain frozen bank accounts and imposed travel Head of state: Hamad bin Isa Al Khalifa bans to paralyse an NGO’s human rights Head of government: Salman bin Hamad Al Khalifa work (Democracy and Human Rights Resource Centre and Mustafayev v. The government continued to commit Azerbaijan). serious human rights violations, including GENDER-BASED VIOLENCE torture and other ill-treatment as well as suppression of freedom of expression and Women’s rights activists, women journalists assembly. Official investigations of ill- and women associated with the political treatment resulted in impunity for opposition were blackmailed and subjected perpetrators. Migrant workers faced wage to degrading gender-specific smear theft and, along with prisoners, violations of campaigns after their social media accounts their right to health. The government were hacked and private information violated the right to privacy through invasive including photos and videos were published surveillance. online.2 In November, the CESCR raised concerns BACKGROUND about the high incidence of gender-based In January, Bahrain was party to a Gulf violence against women and the very low rate Cooperation Council summit that nominally of reporting, particularly of domestic violence, ended its diplomatic dispute and severance and the limited availability of shelters and of economic links with Qatar, which began in support services for survivors. Despite 2017. However, Bahrain had not restored full Amnesty International Report 2021/22 83

diplomatic relations and direct travel and guards’ efforts to force them back into their trade links by the end of the year. cells, the OHCHR found that the level of force RIGHT TO HEALTH used was excessive and unjustified. Prison guards struck detainees on the head with From late 2020, Bahrain provided free batons and in some cases beat detainees Covid-19 vaccines for nationals and legal until they were bleeding severely. residents, but the estimated 70,000 undocumented migrants were ineligible as DETAINEES’ RIGHTS they lacked a valid Bahraini ID. Prisoners, In April, Jaw prison administration who became eligible for vaccination in confiscated a manuscript on Bahraini dialect February, complained that they were not told written by AbdulJalil al-Singace, one of the which vaccine was being offered so they leaders of the peaceful protests imprisoned could not make an informed medical since 2011, when he asked a fellow prisoner decision. being released to deliver the manuscript to A rolling outbreak of Covid-19 in Bahrain’s his family. On 8 July, AbdulJalil al-Singace 4 central prison at Jaw lasted from March to began a hunger strike in protest. June. The interior ministry acknowledged three cases, but relatives of prisoners told CHILDREN’S RIGHTS Amnesty International in April that scores of The new Corrective Justice Law for Children, prisoners were infected.1 which came into effect in August, expands In June, Jaw inmate Husain Barakat died of children’s procedural rights in court. complications after contracting Covid-19, However, child defendants’ rights were still despite having been vaccinated. His wife told not fully respected in practice. Amnesty International that he had told her he In February, interior ministry investigators could not breathe and that the guards had detained 16-year-old Sayed Hasan Ameen not heeded his requests to be transferred to and separated him from his parents before hospital until he was too weak to walk. interrogating him without a lawyer or relative Throughout the year, other than offering present. The Office of Public Prosecution, vaccination, the prison administration failed acting in part based on this interrogation, to take Covid-19 preventative steps such as included him as one of four children aged distributing masks and sanitizers, and social under 18 who were tried on charges of arson distancing remained impossible due to and throwing Molotov cocktails under the 2 overcrowding. same procedural conditions as adults, in breach of Bahrain’s obligations under the TORTURE AND OTHER ILL-TREATMENT 5 Convention on the Rights of the Child. In As in past years, detainees and their families March, following public outcry, the court gave accounts of torture in state detention released the four children under an centres. In January, Sheikh Zuhair Jasim alternative sentence of attending a six-month Abbas was finally allowed to call his family rehabilitation programme.6 after five months’ incommunicado detention IMPUNITY in Jaw prison. He told relatives that during this period prison guards had tortured him, Implementation of the right to a remedy using methods including sleep deprivation, remained inadequate and non-transparent. threatening that he was about to be The Special Investigation Unit (SIU), a executed, and beating with fists, feet and branch of the Office of Public Prosecution, hoses.3 stated that it had received reports of torture In April, Jaw prison authorities violently and other ill-treatment, but did not report broke up a protest by prisoners following the how many. It said it referred seven members death in custody of prisoner Abbas MalAllah. of the security forces for criminal prosecution Alhough some prisoners violently resisted for unauthorized use of physical force, and Amnesty International Report 2021/22 84

three other members to a military court for RIGHTS AT WORK mistreatment of civilians, but gave no details Migrant workers’ limited rights under the allowing the cases to be identified and did kafala system, which ties legal status to not fully report the outcomes. In the most remain in the country to the worker’s detailed example, the SIU said a civilian court relationship with a sponsoring employer, convicted three members of the security made this group vulnerable to exploitation. forces of unlawful use of force and gave them Lawyers Beyond Borders was preparing a “sentences that ranged from jail time to a class action case before the Indian judiciary fine”. to seek remuneration for hundreds of Indian FREEDOM OF EXPRESSION AND nationals who had complained of non- ASSEMBLY payment of salaries and termination benefits when they were dismissed during Covid-19 In a positive step, authorities in April released lockdowns between March and October 2020 Mohamed Hasan Jawad, one of 11 political and forced to return home without their full and civil society leaders of peaceful protests pay. The Migrant Forum in Asia reported in in 2011 who were detained at the time, tried June that they had received a group and sentenced to between 15 years and life complaint of wage theft from 43 Nepali in prison. However, the other 10 remained workers in Bahrain. behind bars. DEATH PENALTY Unlike in 2020, there were no reported prosecutions for “spreading fake news” in No new death sentences or executions were 2021. reported. In August, Citizen Lab identified nine Bahraini activists whose devices were 1. “Bahraini authorities flouting prisoners’ rights to health amid rise in targeted by NSO Group’s Pegasus spyware Covid-19 cases at Jaw Prison”, 9 April between June 2020 and February 2021 in 2. “Bahrain: Death of prisoner a warning for Covid-19 failings in Jaw violation of their rights to privacy and freedom Prison”, 14 June of expression. The activists included three 3. “Bahrain: Investigate cleric’s report of torture”, 20 January members of the Bahrain Center for Human 4. Bahrain: Rights Groups Urge Bahrain to Release Dr AbdulJalil al- Rights, three members of the opposition Singace, Jailed Academic on Hunger Strike (Index: MDE political group Wa‘d, one member of the 11/4529/2021), 30 July opposition political group al-Wefaq, and two 5. Bahrain: Four Bahraini Minors Tried as Adults: Husain Abdulrasool exiled Bahraini dissidents. Salman Abdulla Husain, Sayed Hasan Ameen Jawad Abdulla, Faris In September, authorities released Kameel Husain Habib Ahmed Salman and Mohammed Jaafar Jasim Ali Juma Hasan, whose mother is the well- Abdulla (Index: MDE 11/3766/2021), 3 March known activist Najah Yusuf. In reprisal for his 6. Bahrain: Further Information: Four Minors Released under Judicial Supervision (Index: MDE 11/3997/2021), 16 April mother speaking out about her ill-treatment 7. Bahrain: Further Information: Youth Remains in Prison in Family in detention, the government had sentenced Reprisal Case: Kameel Juma Hasan (Index: MDE 11/4081/2021), 11 him to over 29 years in prison after grossly May unfair trials for acts they accused him of having committed as a child.7 After public outcry, the government released him under a BANGLADESH new law, Decree of Act No. 24 of 2021, which expanded alternative sentencing. People’s Republic of Bangladesh However, the probationary conditions Head of state: Mohammad Abdul Hamid effectively annulled his rights to freedom of Head of government: Sheikh Hasina expression and assembly and to travel for over 25 years. Freedom of expression continued to be heavily curtailed by draconian laws. The authorities carried out serious human rights Amnesty International Report 2021/22 85

violations including enforced across the country calling for a repeal of the disappearances, unlawful detention, torture law. and extrajudicial executions. Peaceful The authorities imprisoned 433 people protests by opposition political parties and under the Digital Security Act, the majority of students were prevented and suppressed by whom were held on allegations of publishing the authorities, on some occasions using “false or offensive information” under Section excessive force. Violence against women 25.1 This represented a 21% year-on-year increased during the Covid-19 pandemic. increase in the number of people detained Indigenous peoples experienced scarcity of under the Act. As of 11 July, the longest- resources because of increasing serving prisoner detained under the Act had deforestation and land-grabbing. Refugees been held since 24 December 2018. Section and religious minorities suffered violent 25 (publication of false or offensive attacks. information), Section 29 (publication of BACKGROUND defamatory information) and Section 31 (offence and punishment for deteriorating law Bangladesh was ranked seventh among and order) of the Act were used nations most affected by extreme weather in systematically to target and harass dissenting the past 20 years. Tens of millions of people voices, including those of journalists, activists were at risk from the devastating impact of and human rights defenders. These actions frequent cyclones, floods, erosion and rising contravened Bangladesh’s commitments sea levels, which continued to cause under the ICCPR as well as its domestic displacement. Farmers’ livelihoods were constitutional obligations. threatened by waterlogging and high levels of In May, the authorities arrested human salinity, which killed crops. From March to rights defender Shahnewaz Chowdhury on May, at least four strong heatwaves charges of attempting to “deteriorate law and dominated the pre-monsoon period. order” for sharing his personal opinion in a Bangladesh’s climate continued to shift Facebook post. Released on bail on 16 towards hotter and longer summers, warmer August, he was facing up to 10 years in winters and longer monsoons from February prison if convicted. to October. It was predicted that average On 17 May, the authorities arrested Rozina temperatures in Bangladesh would rise by Islam, a senior journalist, on allegations of 1.4°C by 2050. Community adaptation efforts stealing confidential documents and fell short of providing adequate protection, espionage.2 No concrete evidence suggesting and experts warned that government a recognizable criminal offence was provided. investment in climate-related projects The government also shut down websites, remained too low. The 10-year Bangladesh including five Indigenous and human rights- Climate Change Strategy and Action Plan related news portals. These included Hill expired in 2019 and had yet to be replaced. Voice, an online news portal on the rights of FREEDOM OF EXPRESSION Indigenous peoples in Bangladesh, published in Canada. The authorities cracked down strongly on In October, Bangladesh’s Rapid Action peaceful protests and dissent. Criticism of the Battalion arrested Nusrat Shahrin Raka, government’s response to the Covid-19 sister of exiled journalist Kanak Sarwar. Four pandemic and other issues led to arrests and days before her arrest, she filed a complaint ill-treatment of journalists, cartoonists, writers with the police about a fake Facebook and critics’ family members. The death in account that was created using her prison of a writer, after he was tortured and information, which criticized the government. detained for 10 months under Bangladesh’s Instead of investigating her complaint, the draconian Digital Security Act, stirred protests authorities arrested her under the Digital Security Act and Narcotics Control Act. Her Amnesty International Report 2021/22 86

brother said that she was targeted in TORTURE AND OTHER ILL-TREATMENT retaliation for his criticism of the government. On 10 March, political cartoonist Ahmed COMMUNAL VIOLENCE Kabir Kishore filed a case with the metropolitan sessions judge’s court in the In October, at least 40 pandals (temporary capital, Dhaka, under the Torture and structures made for the Hindu religious Custodial Death (Prevention) Act 2013. He ceremony of Durga Puja) and 25 homes and accused state security agencies of torturing properties belonging to members of the him in custody.3 He had been detained along Hindu community were damaged or set on with writer Mushtaq Ahmed in May 2020 fire during and after the Durga Puja, the under the Digital Security Act, for posting country’s biggest Hindu festival. The satirical cartoons and comments on authorities filed at least 71 cases across the Facebook, critiquing the government’s country, arrested more than 450 people and response to the Covid-19 pandemic. accused 10,000 unidentified people in Mushtaq Ahmed died after 10 months in connection with the violence that erupted prison without trial. The government’s following allegations on social media that a investigative committee concluded that he copy of the Qur’an, the holy book of Islam, died of natural causes. He had been denied had been desecrated at a puja pandal. At bail at least six times. Ahmed Kabir Kishore least seven people were killed and hundreds told Amnesty International that he was injured in violent clashes across the country. forcibly disappeared from his Dhaka A lack of proper investigations into previous residence at least three days prior to the date incidents of communal violence created an stated in official records of his arrest. He environment of impunity. added that both he and Mushtaq Ahmed FREEDOM OF ASSEMBLY were tortured in custody by state security agents. The cartoonist required a hearing aid According to local human rights group Ain o after losing the hearing in his right ear. Salish Kendra, 157 people were killed and EXTRAJUDICIAL EXECUTIONS AND 10,833 injured in 932 incidents of political ENFORCED DISAPPEARANCES violence and clashes with the police and between supporters of ruling and opposition According to Ain o Salish Kendra, at least 80 political parties during the year. people were subjected to extrajudicial Opposition leaders were detained and executions during the year. Among them, 73 otherwise prevented from carrying out people were killed allegedly in “shootouts” or protests throughout the year. “crossfire” and seven others died after they On 25 March, at least 14 people, including were subjected to physical torture. Odhikar, a journalist, were injured at a demonstration another local human rights organization, that opposed the visit of Indian prime reported that 18 people were allegedly minister Narendra Modi to Bangladesh. subjected to enforced disappearance in the On 26 October, police prevented supporters first nine months of the year. and activists of the leading opposition Despite allegations of hundreds of enforced Bangladesh Nationalist Party from carrying disappearances reported in the media, the out a “peace rally” to protest against government continued to deny them. In some communal violence in the country. Police cases they justified extrajudicial executions alleged that the party did not have permission as “self-defence” by the security forces. to hold a rally; however, having to seek Police frequently attributed deaths of permission contravenes the right to peaceful suspects to “gunfights”, “shootouts” or assembly. At least 44 members and “crossfire”. In many cases, the fact that these supporters of the party were detained during deaths occurred after victims had been taken clashes with the police. into police custody raised concerns that the victims were extrajudicially executed by the Amnesty International Report 2021/22 87

authorities. On 13 November, state minister Khagrachhari and Bandarban districts of Kamal Ahmed Majumder told high-school Chittagong Hill Tracts worsened the problem students: “I’m in favour of crossfire because of water scarcity for hill people in the region. hundreds of thousands of people pass sleepless nights because of criminals. Those REFUGEES’ RIGHTS criminals have no right to live.” His statement Violence in the refugee camps in Cox’s Bazar indicated that “crossfire” was used by the escalated, with fires damaging shelters in the authorities to mean extrajudicial execution, as camps, killing at least 15 people, injuring opposed to retaliation in self-defence. hundreds and displacing thousands in the VIOLENCE AGAINST WOMEN AND GIRLS first quarter of the year. On 29 September, armed men shot dead Mohib Ullah, a At least 1,321 women were reported to have prominent Rohingya civil society leader, in 4 been raped during the year, although actual the Kutupalong camp. At least seven more numbers were likely to be higher. Reports people were killed by violent groups on 22 indicated a rise in the number of incidents of October in the Balukhali camp. Some sexual harassment and violence against Rohingya refugees reported feeling insecure women compared to previous years. inside the camps after they received death According to Ain o Salish Kendra, 224 threats by phone. Refugees reported that women were murdered by their husbands, armed groups operating drug cartels and alongside other incidences of violence committing extortion killed people as they against women including physical assault by vied for control of the camps. male partners or family members. Section Bangladesh relocated more than 19,000 155(4) of the Evidence Act 1872 allows Rohingya refugees to Bhashan Char, a defence counsels to raise questions remote island in the Bay of Bengal, despite regarding the character of a woman who files concerns about conditions on the island. a complaint of sexual violence. Calls for Refugees with friends and family in camps on reforms to the legislation and justice system the mainland were not permitted to leave the from rights activists were not addressed island. Media reported that more than 200 during the year. refugees were arrested or detained for “escaping” from the island, which remained INDIGENOUS PEOPLES’ RIGHTS off-limits to journalists, human rights On 28 October the cabinet secretary, defenders and humanitarian workers without Khandker Anwarul Islam, said that people prior permission. The Bangladeshi living in forests would be removed to other government and the UN signed a places in a bid to keep forests “intact”. memorandum of understanding on 9 Indigenous peoples’ rights activists expressed October, establishing a common protection concern that the action could put Indigenous and policy framework for the humanitarian peoples at risk of forced eviction. Some response to the Rohingya refugee situation. Indigenous communities have been living in Although the memorandum paved the way the forests for centuries and Indigenous for refugees to access services such as groups reported continued violations of their education and the right to voluntary rights, including land grabbing and relocation, it continued to restrict freedom of deforestation. On 30 May, non-state actors movement. cut down 1,000 betel trees belonging to 48 Indigenous Khasi families at Agar punji, a 1. “Bangladesh: End crackdown on freedom of expression online”, 25 cluster village in Moulvibazar. The trees had July been a key source of livelihood for the 2. “Bangladesh: Rozina Islam must not be punished for her journalistic community. Continued deforestation and work”, 19 May clearing of stones and sand from surface 3. Bangladesh Mid-Term UPR Assessment (Index: ASA 13/4732/2021), water bodies across Rangamati, 22 September Amnesty International Report 2021/22 88

4. “Bangladesh: Investigate killing of prominent Rohingya activist free media and independent health Mohib Ullah”, 29 September watchdogs and retaliation against whistle- BELARUS blowers. FREEDOM OF EXPRESSION Freedom of expression remained severely Republic of Belarus restricted. Dozens of independent journalists Head of state: Alyaksandr Lukashenka and bloggers were prosecuted and Head of government: Raman Halouchanka imprisoned. More than 480 websites, including those of major national and The rights to freedom of expression, international news media outlets, and over association and peaceful assembly 400 Telegram groups were blocked for their remained severely restricted. Torture and independent reporting and some were other ill-treatment remained endemic and arbitrarily banned as “extremist”. Dozens of were committed with impunity. The justice government critics were imprisoned for system was systematically abused to insulting officials, which remained a crime. suppress dissent. Children’s rights were In March, TUT.by reporter Katsyaryna routinely violated in the criminal justice Barysevich was sentenced to six months in system. Death sentences and executions prison and an extortionate fine on trumped- continued. Migrants suffered abuses at the up charges for uncovering official falsification hands of the authorities. Arbitrary of evidence regarding the November 2020 dismissals and prosecutions of medical killing of artist and peaceful protester Raman professionals adversely affected the quality Bandarenka. and availability of healthcare. In May, the authorities blocked access to BACKGROUND TUT.by for purported “numerous violations of the Mass Media Law”, conducted mass Following the disputed presidential election in searches of its premises across Belarus, and August 2020 and the refusal by the EU and detained 14 members of staff on unfounded the USA, among others, to recognize the charges, including tax evasion. On 13 incumbent Alyaksandr Lukashenka as the August, TUT.by and its mirror site, Zerkalo.io, elected president, the country faced growing were declared “extremist”, criminalizing international isolation, with further sanctions dissemination of their materials. introduced against its leadership. At the end of the year, 32 journalists The Belarusian authorities facilitated the remained jailed for their independent work. transit of people from refugee- and migrant- On 23 May, exiled journalist and blogger sending countries to Belarus and pushed Raman Pratasevich and his partner Sofia them towards the EU, implementing Sapega were arrested after their flight from Alyaksandr Lukashenka’s threat to “stop Greece to Lithuania was forced to land in the protecting” its borders from refugees. Belarusian capital, Minsk, following a Allegations repeatedly emerged suggesting manifestly false bomb alert. Both were held the authorities were pursuing dissenting incommunicado for several days and charged voices in exile, including by deadly means. arbitrarily with inciting mass riots and “gross Around half of the population was violation of public order”; Raman Pratasevich vaccinated against Covid-19, including nearly was additionally charged with “incitement of 40% with two doses; available vaccines social hatred”. He appeared on television exceeded the uptake. The number of three times to “confess” and testify against officially reported pandemic-related deaths others, and to give assurances he was not exceeded 5,500, but the real number may being ill-treated, although the first video have been considerably higher, due to showed possible injuries. He and Sofia deliberate under-reporting, the absence of Sapega were then moved to an undisclosed Amnesty International Report 2021/22 89

location, under house arrest, on 25 June, proceedings according to Viasna; many of and allowed to post on Twitter until August. them were given lengthy prison sentences Both were still awaiting trial in December, under false “mass disorder” and other although their whereabouts remained protest-related charges. unknown and their lawyers were barred from In January, a leaked audio recording came disclosing any information. to light in which a top police official All instances of critical free speech by instructed officers under his command to people from various walks of life were disregard international human rights law 1 prosecuted in unfair proceedings. when dealing with protesters and condoned FREEDOM OF ASSOCIATION firing rubber bullets at protesters’ vital organs, implying that their deaths would be 2 The authorities stepped up suppression of acceptable. independent civil society organizations, In July, legal amendments to “the laws including NGOs and lawyers’ professional protecting sovereignty and the constitutional associations, trade unions, political groups, order” were enacted. Expressly drawing on and self-organized ethnic and religious the lessons of suppressing peaceful protests communities. in 2020, these included extending the On 22 July alone, the authorities ordered applicability and scope of state of emergency the closure of 53 NGOs. By the end of the measures, increasing the authority of law year, over 270 civil society organizations had enforcement agencies and tasking the Armed been arbitrarily dissolved or were in the Forces with “suppression of mass disorder”. process of forced closure. Hundreds, TORTURE AND OTHER ILL-TREATMENT possibly thousands, of civil activists left Belarus fearing reprisals. In a BBC interview Torture and other ill-treatment remained in November, in response to a question about widespread and endemic, while perpetrators mass NGO closures, Alyaksandr Lukashenka continued to enjoy absolute impunity. In a conflated NGOs with the political opposition November BBC interview, Alyaksandr and promised to “massacre all the scum that Lukashenka admitted violence had been you [the West] have been financing”. inflicted on detainees in the Akrestsina In February the authorities raided the office Detention Centre in Minsk in August 2020; of the prominent human rights group Viasna he and his officials had previously dismissed in Minsk, and in March unfounded criminal evidence of this as “fake”. His admission was proceedings against Viasna were opened. not followed by any attempt to prosecute During the year five staff members, including those responsible. its founder Ales Bialiatski, were detained. In Law enforcement officers who used torture November, Leanid Sudalenka and Tatsyana and other ill-treatment, including excessive Lasitsa were sentenced to three and two-and- force against protesters, enjoyed total a-half years’ imprisonment respectively for impunity. Demonstrators prosecuted for their purported role behind a “violation of participating in the 2020 protests were public order”. Other Viasna members, singled out for particularly harsh treatment including previously detained Marfa Rabkova and jail conditions. and Andrei Chapyuk, were awaiting trial at In May, peaceful opposition activist Vitold the end of the year. Ashurak died suddenly in prison in Shklou, FREEDOM OF ASSEMBLY where he was serving a five-year sentence. In a letter he had complained that the prison The authorities maintained an effective ban administration had forced him and other on peaceful protest, targeting participants “political” prisoners to wear distinct yellow with detention for up to 15 days or hefty labels on their prison clothes. The authorities fines. Over 900 individuals were arrested and refused to treat his death as suspicious and prosecuted in politically motivated issued a video, apparently doctored, in which Amnesty International Report 2021/22 90

Vitold Ashurak is seen walking and collapsing CHILDREN’S RIGHTS suddenly in an empty cell. Children’s rights were routinely violated in the UNFAIR TRIALS context of criminal justice. At least 10 child protesters and one blogger The justice system was systematically abused were arrested after the post-election protests. by the authorities to crack down on all All were convicted in 2021 in closed, dissent, imprison political opponents and politically motivated trials and given custodial human rights defenders, and intimidate and sentences. Three turned 18 in 2021 while silence their lawyers. Judges were manifestly awaiting trial and were tried as adults. Many biased towards the prosecution and law complained of torture in detention. enforcement agencies, which were widely Mikita Zalatarou, aged 16 when arrested in deployed to initiate unfounded criminal and 2020, was denied his epilepsy medication administrative procedures and provide the and subjected to repeated beatings and necessary “evidence” for the trials. Closed electrocution. He was sentenced to five years’ hearings in criminal cases became the norm imprisonment and subsequently accused of in politically motivated cases, with entire case violence towards a prison guard for which he materials being classified as secret and was given an additional prison term. lawyers routinely forced to sign non- Children continued to be imprisoned for disclosure undertakings or face severe minor, non-violent drug offences and penalties. sentenced to between seven and 12 years’ According to the Defenders.by project, imprisonment. The number of such between February and August over 30 convictions in 2021 was unknown but the lawyers were disbarred or refused extension authorities indicated a growing number of 3 of their licences, after they defended victims such prosecutions of children. of politically motivated prosecutions or took DEATH PENALTY part in peaceful protests. In November, a new law further increased the Ministry of Justice’s Death sentences continued to be imposed control over the legal profession and, and executions carried out, in secret. Two following other new regulations, the number brothers in their twenties sentenced to death of licensed lawyers fell by 7% between in 2020, Stanislau and Ilya Kostseu, were January and November. granted clemency, only the second such In July, the Supreme Court sentenced a clemency since Belarus’s independence. former banker who had tried to stand in the 2020 presidential election to 14 years’ REFUGEES’ AND MIGRANTS’ RIGHTS imprisonment on false charges of bribery and Belarusian authorities facilitated the entry of money laundering. Viktar Babaryka was also thousands of people from migrant- and fined the equivalent of US$57,000 and refugee-sending countries to Belarus, lured ordered to pay more than US$18 million as by a false promise of easy passage into the “compensation for the damage caused”. EU. Instead, migrants and refugees faced In September the two most prominent pushbacks from Poland, Lithuania and opposition members remaining in Belarus, Latvia.4 Migrants who were returned or failed Maryia Kalesnikava and Maksim Znak, were to cross into Poland were beaten and convicted following a swift closed trial, and subjected to other forms of violence; were sentenced to 11 and 10 years’ imprisonment deprived of food, water, shelter and respectively on false charges of conspiracy, sanitation; and were the targets of phone “extremism” and national security-related theft and extortion by Belarusian forces. offences. Belarusian border guards regularly prevented people stranded in the border area from leaving the fenced border strip area. Several Amnesty International Report 2021/22 91

people, including at least one child, died of BACKGROUND hypothermia. In July, an international investigative An Iraqi national, Rebin Sirwan, was journalism initiative known as the Pegasus expelled from Belarus after he tried to seek Project revealed that several Belgian citizens asylum in the country. and high-ranking politicians had been RIGHT TO HEALTH targeted by NSO Group’s Pegasus spyware. Peter Verlinden, a journalist known for his A continuing shortage of capacity in the work on human rights in Rwanda, and his healthcare sector caused by the pandemic wife were also targeted. was further exacerbated by severe reprisals, including arbitrary dismissals and criminal REFUGEES’ AND MIGRANTS’ RIGHTS prosecutions, against medical professionals In January, the federal minister for justice who supported the peaceful protests in 2020 agreed to extradite a man to Ingushetia in the or exposed the ferocity and scale of police Russian Federation, despite a serious risk of violence against protesters.5 torture and other grave human rights Such moves impacted the quality and violations. At the end of the year, the availability of healthcare. In Hrodna, an extradition decision was still pending before a 1 independent children’s hospice funded by court. private donations was shut down in response From late May until 21 July over 400 to its director showing solidarity with post- irregular migrants conducted a hunger strike election protests. demanding better treatment and regularization. On 15 July, the UN Special 1. “Stand with Belarus" campaign, January Rapporteurs on extreme poverty and human rights and on the human rights of migrants 2. “Belarus: Government’s threats and history of crackdown on concluded that the estimated 150,000 protesters require urgent international response”, 24 March irregular migrants in Belgium were exposed 3. “Belarus: Crackdown on children”, January to abuse and discrimination at work in the 4. “Belarus/EU: New evidence of brutal violence from Belarusian forces informal sector, as well as in their access to against asylum seekers and migrants facing pushbacks from the housing, healthcare, education and justice. EU”, 20 December 5. “Belarus: Crackdown on medics”, January Following the visits of the Special Rapporteurs, the government proposed assessing the individual situation of the BELGIUM protesters to determine whether they could obtain residency rights. In November, five of Kingdom of Belgium the former hunger strikers filed a complaint Head of state: Philippe against the Belgian state for not honouring Head of government: Alexander De Croo the commitments made to them. In the first seven months of the year, six Irregular migrants lacked adequate access Afghan nationals were forcibly returned to to housing, health and education. Afghanistan, despite the continued Allegations of racial profiling by police widespread insecurity and high levels of continued. Inhumane prison conditions poverty in the country. After the Taliban persisted. The police used excessive force takeover, no further people were forcibly to disperse peaceful demonstrators. returned to Afghanistan. Belgium adopted an action plan to combat Every day from mid-October until the end of gender-based violence. The Wallonia region December tens of asylum seekers were not continued to authorize arms transfers to provided with access to housing as the parties to the Yemen conflict. A court in numbers exceeded reception capacity. Brussels ruled that the authorities had failed to combat climate change. Amnesty International Report 2021/22 92

DISCRIMINATION GENDER-BASED VIOLENCE RACIAL, ETHNIC AND RELIGIOUS MINORITIES In June a large-scale survey conducted by Civil society groups continued to receive Ghent University indicated that two thirds of allegations of racial profiling by the police. In the Belgian population had experienced May, the CERD Committee urged the sexual violence in their lives; 81% of women authorities to prohibit racial profiling, and girls aged 16-69 reported having been introduce the use of stop forms and improve victims of such violence. At the end of the collection of disaggregated data. In May, November, a national action plan against the government rejected recommendations gender-based violence was adopted. made during the UN’s UPR process to IRRESPONSIBLE ARMS TRANSFERS explicitly prohibit racial profiling. OLDER PEOPLE The Wallonia region continued to authorize In September, a survey commissioned by arms transfers to members of the Saudi-led Amnesty International found that 27% of coalition in Yemen, despite the substantial people over 55 experienced abuse and that risk that these arms could be used to commit seven out of 10 faced prejudice because of or facilitate serious violations of international their age in the French-speaking part of human rights and humanitarian law. Belgium. FAILURE TO PREVENT CLIMATE CHANGE In October, the equality body UNIA confirmed that older people in care homes In June, the Brussels Court of First Instance were at greater risk of suffering abuses of ruled that both the federal and the federated their human rights during the pandemic. authorities had failed to implement adequate INHUMANE DETENTION CONDITIONS policies to tackle the climate emergency and had thus violated the rights to life and to Overcrowding in dilapidated prisons private life of the plaintiffs. continued, with insufficient access for people deprived of their liberty to basic services, 1. Belgium: Submission to the UN Committee Against Torture 71st including healthcare and sanitary facilities. In Session, 12-30 July 2021 (Index: EUR 14/4290/2021), 15 June May, the state rejected a UPR recommendation to ensure that the prison population remained below prison capacity. BENIN EXCESSIVE USE OF FORCE Republic of Benin In January, police used unnecessary and Head of state and government: Patrice Talon excessive force to disperse about 100 peaceful protesters who opposed police The Digital Code continued to be used to violence and impunity. Police arrested 245 restrict freedom of expression. The rights of people, including many passers-by who were detained political opponents were not taking part in the protest. Some of the reportedly violated. At least five people were people arrested, including children, reported killed during clashes between being ill-treated while in detention. At the end demonstrators and defence and security of the year, an investigation into allegations of forces in the context of the presidential ill-treatment by police was ongoing. elections. Members of transgender and In July, the UN Committee Against Torture LGBTI associations were assaulted and expressed concerns regarding ill-treatment threatened. and excessive use of force by the police, BACKGROUND including against detainees and protesters. Patrice Talon was re-elected in the first round of the 11 April presidential election with 86.36% of the vote. The Constitutional Court Amnesty International Report 2021/22 93

had rejected the candidacies of the main several towns around the time of the political opponents. presidential election. On 14 October, Benin was elected as a Joël Aïvo – whose candidacy to run for the member of the UN Human Rights Council for presidential election was rejected – was the period 2022-2024. arrested and detained in Cotonou on 15 FREEDOM OF EXPRESSION AND April. He was accused of “money laundering ARBITRARY DETENTION and endangering the security of the State”. Reckiatou Madougou, a member of the Jean Kpoton, a pro-good-governance activist, opposition party Les Démocrates and whose was arrested on 13 January and sentenced candidacy was also rejected, was arrested on on 9 February by the Cotonou Court of First 3 March in Porto-Novo and detained in Instance to 12 months’ imprisonment and a Akpro-Missérété prison. She was charged fine of 200,000 FCFA (€304); he had with “financing terrorism” for her “intent to commented on a post alleging that the car disrupt the next ballot by perpetrating large- used by President Talon during a cross- scale acts of terror”. Lawyers for the two country tour in January was rented for 6 political opponents denounced violations of million FCFA (€9,146) per day. He was their rights to communicate with, and receive convicted under the 2018 Digital Code of regular visits from, their families and to have “harassment by means of electronic confidential access to lawyers. On 6 and 11 communication”, an offence whose definition December, the Court for the Repression of was considered “vague and too broad” by the Economic Crimes and Terrorism sentenced UN Working Group on Arbitrary Detention in Joël Aïvo and Reckiatou Madougou to 10 its October 2020 Opinion. years’ and 20 years’ imprisonment On 19 May, the Supreme Court upheld the respectively. The US Department of State May 2020 Appeal Court judgment sentencing declared that their trials “raise grave journalist Ignace Sossou to six months in concerns about political interference in prison and six months suspended for Benin’s criminal justice system”. “harassment by means of electronic EXCESSIVE USE OF FORCE communications” under the Digital Code after he quoted the Public Prosecutor in a Demonstrations and riots erupted in several Twitter post. Ignace Sossou’s lawyers had cities in the north and centre of the country wanted the Supreme Court to consider their several days before the 11 April presidential client’s detention as arbitrary, as the UN election. At least five people were killed by Working Group on Arbitrary Detention had government forces using live ammunition in done in August 2020. Bantè and Savè in Collines department, On 7 December, two journalists with the according to the National Human Rights newspaper Le Soleil Bénin Info were Commission. The Ministry of Interior and sentenced to six months’ suspended Public Security stated on 14 April that 21 imprisonment and a fine of more than members of the defence and security forces 500,000 FCFA (€762) for “harassment by received gunshot wounds when they cleared means of electronic communication”, roadblocks. following a complaint of libel by a customs In a 4 May resolution, the African inspector. Commission on Human and Peoples’ Rights RIGHT TO A FAIR TRIAL condemned “the crackdown on demonstrations by the army”, and called for At least 10 activists and political opponents the opening of “an independent and impartial were arrested and detained during investigation.” demonstrations and violence between protesters and defence and security forces in Amnesty International Report 2021/22 94

former interim president, Jeanine Áñez, was LGBTI PEOPLE’S RIGHTS On 30 April, three transgender women were imprisoned. A report published by the forced to undress before being beaten and Interdisciplinary Group of Independent robbed by a group of men in a bar in Experts (GIEI) highlighted the justice Cotonou. The attack was filmed by the system's lack of independence and the assailants who posted the video on social need to repeal an amnesty decree media. The three victims sought refuge with a facilitating impunity for human rights local transgender association and continued violations. Indigenous peoples continued to to receive threats. LGBTI rights associations be harassed and attacked for defending across Benin which supported the three their territory and the environment. The women also received threats. On 30 June, government failed to protect forests. The the Cotonou Court of First Instance country battled with a third wave of the sentenced one of the attackers to 12 months’ Covid-19 pandemic and health workers imprisonment, including a six-month denounced lack of pay and unsafe working suspended sentence, for assault and battery. conditions. RIGHT TO HEALTH IMPUNITY Following the start of the vaccination In February, Supreme Decree 4461 was campaign against the Covid-19 pandemic on approved, granting an amnesty or pardon to 29 March, as of 7 November, 347,270 supporters of the government who were people had received a first vaccine dose and detained for crimes allegedly committed 265,501 were fully vaccinated. This during the political crisis that started in represented 3.64% of the population, October 2019. according to official figures. On 1 September, In August, the GIEI, under the auspices of the government made the vaccination the Inter-American Commission on Human compulsory, notably for medical, paramedical Rights, published its report on human rights and pharmacist staff. violations during the 2019 post-election RIGHT TO TRUTH, JUSTICE AND crisis. The report highlighted serious failings REPARATION on the part of authorities to ensure the autonomy and independence of the judicial On 21 January, the Constitutional Court branch and the Attorney General's Office, as validated the withdrawal of Benin’s well as obstacles to truth, justice and declaration made under Article 34(6) of the reparation for the victims of grave human Protocol to the African Charter on Human rights violations during the post-election and Peoples’ Rights on the Establishment of crisis. an African Court on Human and Peoples’ Following the release of the GIEI report, Rights, thus preventing NGOs and individuals authorities promised to repeal the amnesty from having direct access to the Court. decree but continued to use the justice system to target political opponents, ignoring BOLIVIA fair trial guarantees. RIGHT TO A FAIR TRIAL Plurinational State of Bolivia From January to June, authorities and Head of state and government: Luis Alberto Arce members of the ruling political party charged Catacora at least 41 officials of the former interim government, human rights defenders, Dozens of former government officials, lawyers and judges, with vaguely defined lawyers, judges and human rights defenders offences including “terrorism”, “sedition” and were accused of staging a coup in 2019 “conspiracy”. This was part of a wider and charged with vague offences and the Amnesty International Report 2021/22 95

strategy of accusing opponents or critics of helping to organize a coup in 2019. BOSNIA AND Authorities imprisoned the former interim president, Jeanine Áñez, on charges of HERZEGOVINA “terrorism”, “sedition” and “genocide” in proceedings that international observers Bosnia and Herzegovina criticized for lacking due process. Head of state: Rotating presidency − Milorad Dodik, HUMAN RIGHTS DEFENDERS Željko Komšić, Šefik Džaferović Head of government: Zoran Tegeltija The authorities stigmatized and harassed several human rights defenders, including Many asylum seekers and migrants were Waldo and Franco Albarracín and Amparo living in inhumane conditions. Independent Carvajal, president of the Permanent media and journalists were targeted by Assembly for Human Rights. politicians. Gender-based violence increased during the Covid-19 pandemic. INDIGENOUS PEOPLES’ RIGHTS LGBTI people continued to face The findings of the GIEI report emphasized discrimination. Prosecution of war crimes that the violence of the post-election crisis of was further delayed. 2019 had racial and anti-Indigenous BACKGROUND elements to it. Indigenous peoples defending their land and territory were subjected to Bosnia and Herzegovina (BiH) experienced physical attacks, police repression and the most serious political crisis since the end invasions of their land. of the war in 1995. The High RIGHT TO HEALTH Representative’s decision in July to criminalize public denial of genocide By the end of the year, 41% of Bolivia's triggered widespread boycotts of state population had been fully vaccinated against institutions by Republika Srpska’s (RS) Covid-19. Thousands of health workers in leaders, and months of heightened nationalist public institutions went for months without rhetoric. In December, the RS National being paid wages and many worked without Assembly adopted a resolution initiating the proper PPE. process of RS’s withdrawal from BiH state FAILURE TO TACKLE CLIMATE CRISIS institutions, which could lead to the unravelling of the BiH state and risk peace Authorities passed regulations that and stability. incentivized logging and the burning of forests and other vegetation. REFUGEES’ AND MIGRANTS’ RIGHTS WOMEN'S RIGHTS Close to 16,000 people trying to reach EU countries transited BiH in 2021, with According to the Attorney General´s Office, thousands at a time remaining stranded in 108 feminicides were reported in 2021, the country, primarily in Una-Sana Canton. compared to 113 in 2020. Civil society The number of arrivals significantly groups emphasized the need for stronger decreased in the second half of the year. action on policies to prevent violence. Between January and April, around 900 migrants and asylum seekers were living in inhumane conditions and without access to food, water or electricity in Lipa, a temporary camp in Una-Sana Canton, after the authorities failed to agree their relocation to more suitable facilities in other parts of the 1 country. The vice-president of the European Amnesty International Report 2021/22 96

Commission, Josep Borrell, criticized the In September, the OSCE condemned the authorities for creating a “grave humanitarian “hate campaign” against media workers, and situation”. urged the authorities to promptly investigate Between May and October, an estimated and prosecute the perpetrators. 2,000 people including families and children, The BiH Journalists Association recorded were sleeping rough, in abandoned homes, close to 300 defamation lawsuits pending factory halls and forests in Una-Sana Canton before various courts in the country, involving as the reception facilities there were claims against journalists – 80% initiated by insufficient or inaccessible at the time. In politicians – for disproportionate financial November, with EU assistance, the damages. authorities opened a new 1,500-person RIGHT TO HEALTH reception centre in Lipa. Cantonal authorities restricted the delivery Despite BiH having the highest Covid-19 of humanitarian and medical assistance to death rate per million in the Balkans, the people living outside reception centres, and authorities failed to act to secure vaccines aid organizations and individuals were after they became available. A nationwide harassed, threatened or prevented from vaccination programme was not launched 2 providing assistance. The measures until April, after the country received a imposed by the Cantonal authorities in 2020 modest supply of vaccines through the targeting asylum seekers and migrants, COVAX initiative mechanism and other including illegal restrictions to their freedom donations. The vaccination rates were below of movement and a ban on gathering in 20% at the end of the year due to public places and using public transport, widespread vaccine hesitancy and the remained in place. absence of effective campaigns to counter The asylum system remained largely misinformation. ineffective due to persisting institutional gaps VIOLENCE AGAINST WOMEN AND GIRLS and extremely low recognition rates, with only three people awarded refugee status in 2021. Covid-19 and restrictive measures that were FREEDOM OF EXPRESSION in place until May exacerbated gender-based violence and severely strained victims’ access Media outlets and journalists reporting about to shelters, legal aid and psychological corruption, war crimes and migration counselling. continued to operate in a hostile environment There was almost no progress on and faced serious threats and intimidation, harmonizing legislation with the Council of including by public officials. Europe Convention on combating and In May, the Chair of the BiH presidency, preventing violence against women and Milorad Dodik, called Tanja Topić, a Banja domestic violence (Istanbul Convention), Luka-based journalist, a “proven quisling” which BiH ratified in 2013. and a “German intelligence officer” after her comments critical of Milorad Dodik and his LGBTI PEOPLE’S RIGHTS political party. Other journalists, including In August, the country’s second ever Pride Borka Rudić, president of the BiH Journalists event took place in Sarajevo. There was tight Association, were the target of an online security, and no incidents. smear campaign by people close to the Party LGBTI people continued to face of Democratic Action. Nidžara Ahmetašević, discrimination in all walks of life, including a journalist and migration activist, was education, work and housing. arrested and held in police custody for No progress was made in legalizing same- several hours for allegedly “disturbing public sex unions. peace and order” after she had asked two police officers to wear face masks. Amnesty International Report 2021/22 97

3. “Bosnia and Herzegovina: Mladić verdict ‘an historic day for DETAINEES’ RIGHTS In September, the European Committee for international justice’”, 8 June the Prevention of Torture reported widespread physical and psychological ill- BOTSWANA treatment of detainees by law enforcement officials in the Federation of BiH, and called for rigorous action to change the culture in Republic of Botswana police forces. Head of state and government: Mokgweetsi Masisi RIGHT TO TRUTH, JUSTICE AND State of emergency legislation introduced in REPARATION response to Covid-19 was extended twice, In June, the International Residual restricting the rights to freedom of Mechanism for Criminal Tribunals in The expression and peaceful assembly. Women Hague confirmed the initial verdict from 2017 and girls suffered increasing rates of and sentenced Ratko Mladić, the gender-based violence. Asylum rights were commander of the Bosnian Serb army, to life restricted. Licences for oil exploration imprisonment for genocide, crimes against threatened the environment and livelihoods humanity and war crimes.3 of Indigenous peoples. Death by hanging Systemic deficiencies in the Prosecutor’s was maintained for crimes including Office and the unavailability of defendants murder. who fled to other countries continued to delay FREEDOM OF EXPRESSION, the prosecution of war crimes cases. By the ASSOCIATION AND ASSEMBLY end of 2021, close to 600 cases were pending before various courts in BiH. In April, the president extended the state of In July, the High Representative imposed public emergency for the second time since amendments to the BiH criminal code, its introduction in April 2020. Regulations declaring the public denial or glorification of under the Emergency Powers Act (EPA), also genocide, crimes against humanity or war introduced in 2020, continued to prohibit the crimes as a criminal offence punishable by right to strike, and carried a maximum five- imprisonment. In protest, RS political leaders year prison sentence or a BWP100,553 began a boycott of state institutions. (about US$9,250) fine for anyone publishing In September, the authorities established a information with “the intention to deceive” working group to develop a plan for the the public about Covid-19. implementation of the 2019 UN Committee In February the state amended the charge against Torture decision, which found that sheet of opposition spokesperson Justice BiH failed to provide a victim of wartime rape Motlhabane and journalists Letsogile Barupi with adequate reparation and urged the and Oratile Dikologang, who were arrested, authorities to ensure immediate and detained and charged in April 2020 for comprehensive support to all survivors of allegedly publishing false information about wartime sexual violence. The plan had not Covid-19 on Facebook. They faced two been adopted by the end of the year. counts of publishing “with the intention to Over 7,200 people remained missing as a deceive” under the EPA regulations, one result of the armed conflict. Political pressure count of “publication of alarming statements” and lack of resources continued to impede under the penal code, and one count of the work of the BiH Missing Persons Institute. “offensive electronic communication” under the cybercrime act. 1. “Bosnia and Herzegovina: Long-term solutions needed to end In September, Reverend Thuso Tiego was arrested under the Public Order Act after recurring humanitarian crisis”, 12 January 2. Bosnia and Herzegovina: Submission for EU Enlargement Package/ holding a demonstration calling for the Opinion 2021 (EUR 63/4884/2021), 20 April Amnesty International Report 2021/22 98

president’s resignation. Several others were would have an adverse effect on Indigenous arrested when they demanded his release. peoples living in the area. DISCRIMINATION DEATH PENALTY GENDER-BASED VIOLENCE Botswana was among a minority of Southern In April, the Botswana GBV Prevention and African countries to impose the death Support Centre (a local NGO) reported an penalty. increase in violence against women and girls during the Covid-19 pandemic. REFUGEES’ AND MIGRANTS’ RIGHTS BRAZIL The right to asylum continued to be severely limited. Botswana hosted fewer refugees and Federative Republic of Brazil asylum seekers than most countries in Africa Head of state and government: Jair Messias Bolsonaro (674 refugees and 58 asylum seekers as of September). In April, UNHCR, the UN Brazil continued to experience an extended refugee agency, raised concerns after the period of instability and crisis. The federal authorities deported 57 Zimbabwean government lacked the commitment to refugees who had lived in Botswana since coordinate effective responses in the 2008. The refugees failed to register for management of the Covid-19 pandemic, voluntary repatriation, which led to their impacting people’s human rights. Those forced removal in March. from groups who have historically LGBTI PEOPLE’S RIGHTS experienced discrimination were In November, the Court of Appeal upheld a disproportionately affected by the health High Court judgment that declared a law emergency, which exacerbated the criminalizing consensual same-sex sexual economic and social crisis, making their relations unconstitutional. living conditions more precarious. President ECONOMIC, SOCIAL AND CULTURAL Jair Bolsonaro continued to promote RIGHTS initiatives contrary to the needs of most of the population and harmful to the RIGHT TO HEALTH environment and climate justice. His There was a third wave of Covid-19 infections statements, which often vilified human during July and August. At its peak, rights defenders and activists, also Botswana had a higher percentage rate of undermined the Constitution and the infection than any other country in Africa, independence of the judiciary. with 668 positive cases per 100,000 people BACKGROUND (in a population of 2.3 million). ENVIRONMENTAL DEGRADATION In April, the Senate established the In August, UNESCO’s World Heritage Parliamentary Commission of Inquiry to Committee registered its concern about oil investigate the actions and omissions of the exploration licences being granted in Brazilian government in the management of environmentally sensitive areas in the the Covid-19 pandemic. The investigation of Okavango River basin to Canadian-based the mismanagement of the health crisis by mining company ReconAfrica. The Jair Bolsonaro's administration included Committee urged the government to ensure instances of corruption, the collapse of the that any further steps to develop the oil public and private health systems, negligence project be “subject to rigorous and critical regarding vaccines and the damage caused prior review, including a thorough by the lack of effective public policies to environmental impact assessment that address the social crisis, which deepened in corresponds to international standards”. 2021. There were concerns that such projects Amnesty International Report 2021/22 99

commitment to follow scientific evidence. The ECONOMIC AND SOCIAL RIGHTS The Covid-19 pandemic continued to spread of disinformation about vaccines and entrench structural and persistent the authorities’ defence of drugs that were inequalities and to exacerbate the economic, proven to be ineffective violated the right to political, social and public health crises in the accurate public health information. The country. The government did not ensure the government's negligence in negotiations with right to health or sufficient and adequate pharmaceutical companies and with the public policies for the social protection of the COVAX initiative delayed the implementation population, especially those belonging to of an effective vaccination plan. groups that have historically faced In addition to vaccine shortages, the lack of discrimination, such as the Black population, coordination between national and state-level Indigenous peoples, Quilombola planning led to delays and interruptions in communities, women, LGBTI people and the vaccination roll-out throughout the year, those living in favelas and disadvantaged as well as inconsistencies in schedules, neighbourhoods on the outskirts of cities. deployments of vaccines and consensus on RIGHT TO HEALTH the coverage of priority groups. By As of December, more than 615,000 people December, 75% and 66% of Brazilians were had died of Covid-19. According to the Alerta partially and fully vaccinated, respectively. group, a coalition of NGOs, 120,000 deaths RIGHT TO FOOD could have been avoided by March 2021 if According to a study by the Brazilian Network the government had not repeatedly ignored of Research on Sovereignty and Nutritional scientific evidence and failed to coordinate Security, an independent national research 1 strategies to address the crisis. network, food insecurity had increased by Testing and monitoring of infection rates, 54% in Brazil since 2018. More than half of medicines and hospital supplies, hospital the population did not have full and beds and intensive care units were permanent access to food. Severe food inadequate and insufficient, especially in insecurity, which refers to the situation of public health facilities. As a result of the lack hunger, affected 19 million people in 2021, of oxygen in hospitals, people died in the or 9% of the population. Among small family 2 state of Amazonas in January. The shortage farmers and Quilombola, Indigenous and of the medication necessary for the riverside communities, the proportion of intubation of the most severely ill subjected households affected rose to 12%. patients, their families and healthcare Households headed by women and Black professionals to stress and suffering. people suffered most from the lack of food. According to the Alerta group, the RIGHTS TO HOUSING, WATER AND SANITATION government's neglect of socioeconomic and A significant part of the population continued territorial inequalities, which in Brazil are to live in precarious situations, lacking related to racial inequalities, meant that essential services. According to the Trata Black people and those living in poverty Brasil Institute, nearly 35 million people did experienced the highest death rates. They not have access to clean water and 100 were particularly affected by the shortage of million had no sewage collection. intensive care beds in public facilities and Those living in rural and traditional many died in pre-hospital units waiting for territories and disadvantaged admission to specialist care units. neighbourhoods were most affected by the Investigations undertaken by the non-existent or insufficient sanitation Parliamentary Commission of Inquiry infrastructure. A study by the NGO Criola suggested that government actions during found that the percentage of the Black Covid-19 vaccine negotiations and population living in inadequate homes was implementation of the vaccine programme significantly higher than that of the white lacked coordination, efficiency, and population. In addition to the lack of basic Amnesty International Report 2021/22 100

sanitation, overcrowding was greater in Black not ensure a safe return based on sanitary homes. According to the Zero Eviction protocols. Water supply and access to basic campaign, over 23,500 families were evicted sanitation and the internet were not a reality from their homes between March 2020 and in all state schools in Brazil. In 2021, the October 2021 during the pandemic. National High School Exam, the main form of Following pressure from social mobilizations, admission to higher education institutions, in October Congress approved legislation that registered the lowest number of applicants in prohibited evictions throughout the country 13 years. until 31 December 2021. FREEDOM OF EXPRESSION RIGHTS TO WORK AND SOCIAL ASSISTANCE The federal government used a false Throughout the pandemic, the state did not dichotomy between the defence of the adequately guarantee the right to information economy and the defence of life to justify its for the population. Inaccurate or deliberately failure to promote measures to prevent misleading public statements about Covid-19 infection among workers who were unable to prevention, treatments and vaccines sought work remotely during the pandemic. to undermine scientific recommendations Emergency aid was discontinued during the and dissenting voices, fuelling misinformation first three months of 2021 and subsequently and reducing civic space. reintroduced at a lower rate and for a more Restrictions on civil society participation in restricted group of people. This led to public debate intensified because of the accelerated impoverishment of the federal government's hostile approach to the population impacted by the economic and press, social movements, NGOs and other social crises aggravated by the pandemic. A critical voices. study by the University of São Paulo found In 2021, the organization Human Rights that in 2021, with the reduction in Watch identified 176 accounts of journalists, emergency aid, more people began to live in Congress members, influencers, media poverty. Black women were the most outlets and NGOs, including Amnesty affected: 38% and 12.3% were living in International Brazil, blocked on President Jair poverty or extreme poverty, respectively. Bolsonaro's social media. Data from the Brazilian Institute of Federal authorities promoted speeches and Geography and Statistics indicated that, in demonstrations that threatened the rule of the first quarter of 2021, unemployment law. On several occasions, such as the official reached its highest rate since 2012 (14.7%). celebration of Brazil's Independence Day, The proportion of Brazilians in the informal President Jair Bolsonaro sought to economy without income security or social undermine the Supreme Court and called protection reached 39.6% during the year. into question the electoral system. RIGHT TO EDUCATION EXCESSIVE USE OF FORCE State education continued to be delivered remotely in much of Brazil until May 2021. The logic and implementation of the “war on Problems related to lack of access to the drugs” that has structured public security internet and the electronic equipment policies in Brazil for many years continued to necessary to conduct remote activities were fuel the cycle of violence and killings in the among the reasons for increased school country. dropout rates during 2021, especially among In 2020, police killed 6,416 people. More students in state education, which serves the than half of the victims were young Black most disadvantaged sections of the men. population. Although the Supreme Court ordered the All states started vaccinating school staff in suspension of police operations in Rio de June, as state schools were reopening. The Janeiro’s favelas in June 2020, a survey by infrastructure of many schools, however, did the Study Group on New Illegalisms found Amnesty International Report 2021/22 101

that deaths caused by law enforcement force by the police was not promptly and personnel increased by 185% in January and effectively investigated in accordance with February 2021, compared to the first four international standards. At the time of the months after the Court order. Police killings, the police involved in the operation operations using heavy weaponry resulted in were absolved of responsibility before the hours of intense shooting in the favelas and proper investigations were carried out. The other marginalized neighbourhoods. acquittal represented an example of the The excessive use of force also took the historical impunity that has perpetuated the form of raids on homes, the destruction of cycle of violence and human rights violations belongings, sexual violence, psychological by state agents, especially in favelas and torture, restrictions on freedom of movement disadvantaged neighbourhoods. In 2017, the and the suspension of essential services, Inter-American Court of Human Rights such as schools and health facilities. condemned the Brazilian state for police UNLAWFUL KILLINGS violence in the Nova Brasília case. On 6 May, a police operation in the HUMAN RIGHTS DEFENDERS Jacarezinho favela, Rio de Janeiro, resulted in the death of 27 residents and one police The killings of city councillor and human officer. The operation was launched based on rights defender Marielle Franco and her photographs of alleged suspects on social driver Anderson Gomes in March 2018 had media. Images and preliminary investigations yet to be resolved. The families and civil pointed to summary executions and evidence society continued to press for justice. In July tampering at the crime scenes. Investigations 2021, the Rio de Janeiro prosecutors who into the deaths had not been concluded by had been in charge of the investigations the end of the year. since 2018 asked to be removed from their On 8 June, Kathlen Romeu, who was four positions, raising concerns about the months pregnant, died after being shot progress and outcomes of the investigation during a Military Police operation in the and the case. The two men charged with the community of Lins de Vasconcelos in killings remained in prison and no date had northern Rio de Janeiro. The investigation been set for a trial by the end of the year. into the circumstances of her death was Those behind the killings remained continuing at the end of the year. unidentified. On 22 November, nine people were found The NGO Global Witness reported that dead in circumstances suggesting they had Brazil was the country with the fourth highest been summarily executed in the Complexo number of killings of environmental leaders do Salgueiro favela, Rio de Janeiro. On 20 and land rights defenders in the world. In November a policeman had been killed January, activist and rural worker Fernando during a police operation, and preliminary dos Santos Araújo was killed in the state of investigations indicated that the nine killings Pará. He was a survivor and one of the main were an act of revenge. Investigations were witnesses of the Pau D’Arco massacre in May continuing at the end of the year. 2017 in which 10 land rights activists were IMPUNITY killed by military and civil police officers. In August, five police officers charged with In May, Lindolfo Kosmaski, a gender and the killings of 13 people almost three sexual diversity activist from the Landless decades earlier in the 1994 massacre in the Workers Movement, was found shot dead in Nova Brasília favela, Rio de Janeiro, were a burnt-out car in the state of Paraná. acquitted for lack of evidence. In addition to RIGHT TO A HEALTHY ENVIRONMENT the fact that it took 27 years for the case to be brought to trial, the result was considered According to the NGO Imazon, in August the inadequate by the victims and human rights Brazilian Amazon had the highest organizations. The excessive and lethal use of deforestation rate for the month of August in Amnesty International Report 2021/22 102

10 years. Between January and December, 30% increase over 2020; eight were 10,362 km² of forest were cleared, 29% Indigenous people. more than 2020. In August, the National Articulation of Fires also increased in the Amazon region Indigenous Peoples (APIB) movement filed a and other biodiversity-rich biomes as the complaint before the ICC against President Brazilian state continued to dismantle Jair Bolsonaro for the crime of genocide. Also environmental protection agencies and in August, 6,000 Indigenous people from 176 mechanisms. The Conservation and ethnic groups demonstrated in the country's Sustainable Use of Biodiversity and Natural capital, Brasilia, to try to halt the anti- Resources Programme lost part of its funding Indigenous agenda being pursued in the and investment fell in the prevention and National Congress. They also reiterated their control of deforestation and fires in Brazilian opposition to the “Time Framework” biomes. proposal, which was before the Supreme Attacks on the right to a healthy Court, and, if approved, could threaten the environment were also seen in legislative demarcation of Indigenous territories. initiatives. The Chamber of Deputies The government's inadequate management approved Bill 3.729/2004. If approved by the of the Covid-19 pandemic continued to Senate, this Bill will facilitate the issuing of impact the rights to life and health of environmental licences for exploration Indigenous peoples and Quilombola activities. Bill 2.633/2020 also progressed communities, who in 2020 had appealed to through the Chamber of Deputies and, if the Supreme Court for specialized and approved, could allow land tenure priority support from the state. Despite a regularization for illegal occupations of public decision in their favour from the Court, they lands. continued to report being denied the support RIGHTS OF INDIGENOUS PEOPLES, that would help them to cope with the QUILOMBOLAS AND OTHER pandemic in 2021. Covid-19 continued to TRADITIONAL COMMUNITIES spread among Indigenous peoples and Quilombola communities because of the The rights of Indigenous peoples, authorities’ failure to establish sanitary Quilombolas and other traditional barriers, to promote the removal of people communities were systematically violated. who invaded their territories and to Deforestation and fires, often resulting from implement adequate health, monitoring and the illegal appropriation of land by the social assistance measures. agribusiness, livestock, logging and mining Indigenous peoples and Quilombola sectors, impacted the rights to land and communities reported several shortcomings territory, to a healthy environment and to the in the vaccination process, such as lack of livelihoods of Indigenous peoples, information; institutional racism; Quilombolas and other traditional discrimination against Indigenous people and communities. Quilombolas who live in urban areas or The latest data from the Pastoral Land outside officially designated territories; and Commission indicated that the number of lack of coordination between state and conflicts in rural areas registered in 2020 was municipal planning and the National the highest since 1985. Land invasions, Immunization Plan. which took place despite legislation regulating territories and rights, increased by LGBTI PEOPLE’S RIGHTS 102% between 2019 and 2020; 71% of the A lack of adequate assistance, social families affected were Indigenous. Between protection and public policies left LGBTI January and November 2021, 26 people people even more at risk during the health were killed in the context of rural conflicts, a crisis. The National Association of Transvestites and Transsexuals reported that Amnesty International Report 2021/22 103

80 transgender people were killed in Brazil in emergency epidemic situation introduced the first half of 2021 alone. In addition, during the Covid-19 pandemic, originally physical attacks, threats, discrimination and declared by the government in May 2020, social marginalization fuelled a cycle of remained in place throughout the year, violence that prevented LGBTI people from granting the government extensive powers. enjoying their rights in safety. FREEDOM OF EXPRESSION WOMEN’S RIGHTS Media freedom continued to deteriorate, and Brazil accounted for 75% of maternal deaths journalists and independent media outlets due to Covid-19 worldwide. According to the who investigated crime and corruption faced Covid-19 Obstetric Observatory, as of May, frequent threats and smear campaigns, maternal deaths of Black women were 77% including by public officials. higher compared to those of white women. In April, Dimitar Stoyanov, an investigative According to the Brazilian Public Security journalist with the Bivol news portal, reported Forum, the number of rapes in the first six receiving death threats from a businessman months of 2021 was 8.3% higher than in the he contacted for an interview about a same period in 2020. Between January and corruption case in which he was allegedly June 2021, 666 women were the victims of implicated. The Prosecutor’s Office in Sofia femicide, the highest number since records failed to investigate Dimitar Stoyanov’s began in 2017. complaint and the police issued a notice of warning instructing him to stop 1. “Brazil: 1,000 days of Bolsonaro and Brazil’s grave human rights communicating with the businessman. In April, during a television programme, crisis”, 20 October 2. Brazil: Lack of Oxygen to Treat Patients in Manaus (Index: AMR member of parliament Toshko Yordanov 19/3539/2021), 15 January joked about cutting off a journalist’s limbs for “lying” after the journalist unintentionally mixed up the names of two political parties BULGARIA during a live show. In May, minister of the interior Boyko Rashkov questioned the Republic of Bulgaria journalistic integrity of two television hosts Head of state: Rumen Radev who interviewed him and suggested they Head of government: Kiril Petkov (replaced Stefan should be removed from their posts. Neither Yanev in December, who replaced Boyko Borisov in official faced parliamentary sanctions. May) The Covid-19 pandemic exacerbated the already precarious working conditions of Media freedom further deteriorated as media workers, resulting in salary cuts, journalists were subjected to threats and delayed payments and the undermining of intimidation. Migrants and asylum seekers editorial independence. The government faced pushbacks. Domestic violence reduced funding to several public media increased. LGBTI people were targeted by outlets and the Council for Electronic Media, groups hostile to minority rights. Roma the country’s media regulator. faced widespread discrimination. There was In its Rule of Law Report in July, the systemic ill-treatment of residents in social European Commission highlighted the lack of care institutions. transparency, the concentration of media BACKGROUND ownership and continued political interference in the editorial policy of some Bulgaria’s third parliamentary elections of the outlets. Bulgaria was downgraded from 111th year took place in November as no party was to 112th out of 180 countries on the World able to form a government following previous Press Freedom Index and remained the EU snap elections in April and July. The Amnesty International Report 2021/22 104

member state with the lowest standard of a referral mechanism and the establishment media freedom. of a central register of acts of domestic violence, victims and perpetrators. The REFUGEES’ AND MIGRANTS’ RIGHTS amendments had not been adopted by the Bulgaria continued to carry out systematic end of the year. pushbacks of migrants and asylum seekers at its borders. Over 1,100 pushbacks were LGBTI PEOPLE’S RIGHTS recorded by the end of the year, affecting at LGBTI people continued to face threats and least 13,000 people. In July, the European abuse, including by political parties and Court of Human Rights found that Bulgaria public officials. had violated the European Convention on In October, Rainbow Hub, a community Human Rights by expelling a journalist to centre for LGBTI-related events in Sofia, was Turkey in 2016 without examining the risks of attacked and vandalized by a group of people ill-treatment he faced on his return. led by Boyan Rassate, a Bulgarian National Reception conditions for asylum seekers Union party candidate in the November remained substandard. In August, the presidential elections.1 After strong Bulgarian Ombudsperson said that the condemnation by human rights activists, specially designated zone for unaccompanied political parties and numerous embassies in children in the Voenna Rampa reception Sofia, the Election Commission waived Boyan centre was severely overcrowded and that Rassate’s political immunity and he was children lived in extremely poor and detained and charged with hooliganism and unhygienic conditions. assault. Under the country’s Criminal Code, In August, the government announced homophobic violence is not yet recognized as plans to reinforce police and military a hate crime. presence on the borders with Turkey and The Bulgarian National Union party Greece because of concerns over arrivals of frequently criticized LGBTI groups publicly Afghan asylum seekers after the Taliban’s and accused them of spreading “gender takeover of Afghanistan. propaganda” and teaching “perversions” to Bulgaria granted international protection to schoolchildren. up to 70 Afghan nationals, along with their Leading up to the general elections in July, families, who worked for the Bulgarian LGBTI events in Sofia, Plovdiv and Burgas embassy and military in Afghanistan. were targeted by groups hostile to minority Nevertheless, the vast majority of Afghans rights. In July, the annual Pride event took seeking asylum continued to be rejected in place in Sofia against a backdrop of accelerated procedures with their widespread anti-LGBTI protests. applications treated as manifestly unfounded, DISCRIMINATION an ongoing practice ever since Bulgaria declared Turkey a safe third country. Roma continued to face widespread social SEXUAL AND GENDER-BASED VIOLENCE exclusion and discrimination, including in education, health, housing and employment. Cases of domestic violence, which surged Covid-19 and the resulting prolonged state of threefold during the Covid-19 pandemic, emergency disproportionately affected the continued to rise. Roma population. In January, the government submitted to the Roma children continued to be significantly parliament amendments to the Law on less likely to complete any level of education Protection from Domestic Violence aimed at than the general population. Covid-19 further harmonizing domestic legislation with increased the risk of early marriage for Roma international standards. Some of the girls. The European Roma Rights Centre measures included in the amendments found that Roma children were over- envisage strengthening protective measures, represented in the state childcare system and Amnesty International Report 2021/22 105

were more likely to be removed from their BACKGROUND families. President Kaboré, re-elected for a second In June, the Supreme Administrative Court term in late 2020, adopted a policy of found the leader of the Bulgarian National dialogue and engagement with some of the Movement party, Krasimir Karakachanov, armed groups in Burkina Faso’s northern guilty of discrimination over his controversial region. Yet the armed conflict continued to statements following incidents in Voyvodinovo rage. Widespread demonstrations followed a in 2019, which triggered widespread anti- massacre of civilians in the town of Solhan in Roma violence that resulted in the June, leading to the sacking of the defence destruction of homes and the forced eviction minister. In December, following an attack of Roma families. against a gendarmerie post in Inata which led CRUEL, INHUMAN OR DEGRADING to protests over the security situation, the TREATMENT government resigned and a new prime minister was nominated. The authorities failed to eradicate the The humanitarian situation remained persistent physical ill-treatment of social care precarious; the number of internally residents and patients with psychiatric displaced people (IDPs) rose from about 1 disorders. In October, the Council of Europe’s million in January to 1,368,000 in July, Committee for the Prevention of Torture according to UNHCR, the UN refugee reported numerous cases of people being agency. slapped, punched, kicked or hit with sticks, ABUSES BY ARMED GROUPS mechanically restrained or found abandoned in unhygienic conditions. The Committee The conflict that raged in northern and called for urgent action to radically change eastern Burkina Faso continued to affect the the country’s approach to mental and lives of civilians and hinder their activities. institutional social care. Some attacks by armed groups were carried out indiscriminately and therefore may 1. “Bulgaria: Presidential candidate must be investigated and held constitute war crimes. The town of Mansila, Yagha province, accountable after attack on LGBTI centre”, 1 November remained under a blockade by the Group for the Support of Islam and Muslims (GSIM) BURKINA FASO throughout the year, leading to mass displacement and food insecurity among the Burkina Faso population. Head of state: Roch Marc Christian Kaboré In April, a civilian-military convoy Head of government: Lassina Zerbo (replaced documenting poaching in the Pama reserve, Christophe Joseph Marie Dabiré in December) Kompienga province, was ambushed by an armed group. According to governmental Armed groups continued to launch deadly sources, three foreign journalists and one attacks against civilians, including children. Burkinabe national were killed. The right to education and the right to In May, an armed group killed 30 villagers health were compromised and cases of during an attack in Kodyel, Komondyari sexual violence were reported in the context province. of the conflict. Impunity for serious human In June, an unidentified armed group rights violations and abuses remained attacked positions of the Volunteers for the pervasive. Authorities threatened press Defence of the Homeland, an auxiliary force freedom. to the military, at the entrance of the town of Solhan, Yagha province, before overrunning the town and indiscriminately killing residents. At least 132 people were killed in Amnesty International Report 2021/22 106

the attack, 40 wounded and 707 households along with 12,480 teachers (4,568 of whom displaced.1 were women). The government, with the In August, a military convoy between the support of UNICEF, developed alternative towns of Arbinda and Dori, which was education models such as teaching via radio, accompanied by civilians, was ambushed by benefiting 647,081 schoolchildren during the an armed group. The attack led to the deaths year. of 65 people, including 59 civilians, RIGHT TO TRUTH, JUSTICE AND according to governmental sources. REPARATION GENDER-BASED VIOLENCE In May, the government established a new In June, the NGO Doctors Without military unit, the Special Forces, whose Borders reported a rise in sexual violence in mandate included “counterterrorism the regions affected by the conflict. operations”, among other tasks. However, a Alleged cases of sex being exchanged for statute passed in June covering its legal food aid by local NGOs facilitating IDPs’ position states that Special Forces cannot be access to humanitarian aid were documented pursued before the courts for any actions by the media in the city of Kaya, Sanmatenga taken during their operations. This immunity province, the province hosting the largest clause violates the rights of victims to justice number of IDPs in Burkina Faso. and reparation. In July, the French Council of State CHILDREN’S RIGHTS assented to the extradition of François Dozens of children were killed in attacks by Compaoré, the brother of former Burkinabe armed groups against villages and towns. president Blaise Compaoré, to Burkina Faso, UNICEF reported that at least 20 children where he was sought for incitement to were killed during the attack on the town of murder in relation to the death of Solhan in June, and hundreds were investigative journalist Norbert Zongo in displaced with their families. 1998. This decision was suspended by the Armed groups including GSIM, and the European Court of Human Rights in August, Islamic State in the Greater Sahara (ISGS) pending examination of the challenge to the continued to recruit and use children to decision made by François Compaoré. participate in hostilities, in violation of In August, the first trials for terrorism-related international humanitarian law. offences were held in the Ouagadougou RIGHT TO EDUCATION Higher Court. Two members of the armed group Ansaroul Islam were sentenced to 20- Armed groups including GSIM and ISGS year prison terms for “criminal association continued to prohibit so-called “Western” linked to a terrorist enterprise”, “illegal education in Burkina Faso, while threats and possession of weapons and munitions of violence continued to deter teachers from war”, “complicity in terrorism” and “wilful remaining in their official postings. In March, destruction of property” for the attack on and 323 students were forced to flee their school destruction of a primary school in Bafina, following attacks by armed groups in the Sanmatenga province, in 2018. They were Boucle du Mouhoun region. Between 21 and also ordered to pay 4 million XOF (US$7,240) 28 June, eight schools were attacked by each in damages. armed groups in Manni department, Gnagna At the end of the year, no significant province. School materials were stolen, and progress had been made in the investigation property destroyed. into the unlawful killings of 50 people and the Since the beginning of the conflict, more enforced disappearance of 66 others than 2,682 schools had been closed. By allegedly committed by the armed group May, 304,564 students were affected by Koglweogo in the village of Yirgou, these closures (148,046 of whom were girls) Sanmatenga province, in January 2019. Amnesty International Report 2021/22 107

FREEDOM OF EXPRESSION Authorities violated media freedom on several BURUNDI occasions and failed to protect journalists. In March, Ladji Bama, editor of the newspaper Republic of Burundi Le Courrier confidentiel, was ordered to pay Head of state: Evariste Ndayishimiye damages of 2 million XOF (US$3,620), after Head of government: Alain Guillaume Bunyoni a complaint filed by the ruling party in Burkina Faso for “defamation”. In November The authorities failed to respond 2020, Ladji Bama’s car had been fired upon appropriately to the Covid-19 pandemic and outside Dori. In a subsequent Facebook post, to protect the right to health. Some he had accused the ruling party of measures against human rights defenders, involvement in the attack before filing a activists and journalists were lifted – complaint for “assassination attempt” against including the release of prisoner of unnamed persons. At the end of the year, no conscience Germain Rukuki – but threats, judicial developments had been reported intimidation and politically motivated following this complaint. prosecutions continued. Some returning Following the attack against the town of refugees faced intimidation. The authorities Solhan in June, the Higher Communications failed to respect and protect women’s rights Council suspended the Omega media group’s and violated the right to privacy. Enforced radio and TV programmes for five days for disappearances, unlawful killings, torture, “misreporting” the attack after it claimed that arbitrary arrests and detentions continued. IDPs from Solhan were ambushed on the The Truth and Reconciliation Committee road to Dori. In a letter, the Council also (TRC) faced accusations of bias and the threatened Radio France Internationale with judiciary’s independence was undermined. suspension for their coverage of the attack BACKGROUND and the government’s response to it. RIGHT TO HEALTH There was a major shift in Burundi’s relationships with international partners. Burkina Faso launched a national Covid-19 Political dialogue with the EU resumed and vaccination campaign in June, but failed to relations with Rwanda improved. meet its target of vaccinating 70% of the In May, the AU Peace and Security Council population, the coverage being just 1.6% by ended the mandate of its human rights December. Access to vaccines in remote observer mission in Burundi, and the UN regions and IDP settlements was limited closed the Office of the Special Envoy of the because of the conflict. Secretary-General for Burundi. In October, According to the ICRC, access to health in the UN Human Rights Council terminated the conflict-affected regions was hindered by the Commission of Inquiry on Burundi’s health personnel leaving because of the mandate, which was replaced by a special violence. rapporteur. Burundi’s National Independent Human Rights Commission regained its “A” 1. Burkina Faso: In the Wake of the Solhan Massacre, the Priority Must status in June, despite civil society concerns. Be to Protect the People (Index: AFR 60/4249/2021), 7 June Security incidents increased, including attacks on civilians in Bujumbura and the capital, Gitega, in May and September, and on road travellers in Muramvya province in May and June. Humanitarian assistance was required by 2.3 million people. Burundi remained one of the 20 countries most vulnerable to climate change. More than 52,000 people were Amnesty International Report 2021/22 108

affected when Lake Tanganyika flooded, released in October after serving a one-year destroying or damaging their homes. prison sentence. RIGHT TO HEALTH HUMAN RIGHTS DEFENDERS The government resumed cooperation with The conviction in their absence of five human the WHO, whose new representative arrived rights defenders and seven journalists who in the country in April, but the Covid-19 had been involved in the 2015 protests was pandemic response remained insufficient. In announced in February, although the July, the government authorized the World Supreme Court ruled on the case in June Bank to provide vaccines, but refused to sign 2020. They had been sentenced to life any commitments to manage potential side imprisonment on charges of undermining effects or offer compensation for them. The state authority, murder and damage to first shipment of vaccines arrived in October. property in connection to the 2015 attempted Covid-19 cases resurged in the second half coup. They had no legal representation 1 of the year, with doctors reporting that official during the trial. figures were far below the actual numbers. In Nestor Nibitanga, former regional observer September, weekday parties and ceremonies with the Association for the Protection of of a social nature were banned. The Human Rights and Detained Persons authorities introduced a health pass in (APRODH), was released from prison in April, November for travellers from the commercial after receiving a presidential pardon having capital, Bujumbura, to other provinces, to served four years of a five-year sentence. He prove that they had tested negative. had been arrested in 2017 and convicted in FREEDOM OF EXPRESSION 2018 on spurious charges of “threatening internal state security”. In January, the president promised that his In June, the Ntahangwa Appeal Court government would promote a “free and overturned human rights defender Germain responsible press”, calling on the National Rukuki’s conviction on charges of Communication Council to engage with “participation in an insurrectional suspended media houses to enable them to movement”, “threatening internal state restart their work. Following his speech, security”, and “attack on the authority of the restrictions were lifted on several media state”, but the court upheld his conviction for houses, including Bonesha FM, Isanganiro “rebellion”. His 32-year prison sentence was TV and the BBC. reduced to one year plus a fine of BIF50,000 These moves were undermined in August, (US$25). He was released on 30 June, after however, when the president launched a almost four years in detention.2 personal attack against journalist Esdras Also in June, lawyer Tony Germain Nkina Ndikumana for his reporting on the impact of was convicted by the High Court in Kayanza Covid-19, accusing him of “hating the of “collaboration with rebels who attacked country in which he was raised”. Burundi” and sentenced to five years in The conviction of former parliamentarians prison and a fine of BIF1 million Fabien Banciryanino in May and Pierre- (approximately US$500). He had been Celestin Ndikumana (in his absence) in arrested in October 2020 while working in August also called into question the Kabarore commune, an area that had been government’s stated commitment to the right affected by armed attacks. Several elements to freedom of expression and media freedom. in the case strongly suggested that it was They had openly criticized the government’s motivated by his former work with civil human rights record in the 2015-2020 society, dating back more than six years. The legislature, which was rare among Ngozi Appeal Court upheld his conviction 3 parliamentarians. Fabien Banciryanino was and sentence in September. Amnesty International Report 2021/22 109

Civil society organization Words and Actions officers, judicial and sometimes prison staff for the Awakening of Consciences and the were also responsible for cases of arbitrary Evolution of Mentalities (PARCEM) was detention. permitted to reopen in April, after being ENFORCED DISAPPEARANCES suspended for nearly two years. New cases of enforced disappearances were WOMEN’S RIGHTS reported, including that of Elie Ngomirakiza, Burundian authorities continued to fail to a CNL representative from Bujumbura Rural respect and protect women’s human rights. A province, who was detained in July. Cases woman who was missing for three months from previous years remained unresolved after leaving her husband was accused of and there were more than 250 open cases “family abandonment”, an offence before the UN Working Group on Enforced punishable by up to two months in prison. and Involuntary Disappearances. Despite Before going to the police, she had been in this, the national authorities sought to hiding at a safe house run by a women’s minimize the issue. In July, the president told rights organization, which was in turn media that there had been no accused of threatening state security. disappearances and referred instead to RIGHT TO PRIVACY criminals who fled to Rwanda. Later that month, the Prosecutor General of the An evening curfew was imposed in Gishubi Republic underplayed reports of enforced commune in Gitega province to prevent disappearances, referring instead to people social mixing between men and women, who left to join armed groups without continuing a trend observed in other parts of informing their families, and criminal groups the country in recent years. New rules were that carried out abductions disguised as introduced whereby a woman found in a bar security forces. after 7pm with a married man, not her RIGHT TO LIFE husband, would be fined BIF10,000 (US$5), as would a girl found outside her family home Dead bodies, often bearing signs of violence, at that time. Men caught with women who were regularly found near roads, lakes, were not their wives would be fined ditches and other public places. The human BIF20,000 (US$10) and the same fine would rights organization Ligue Iteka reported that be imposed on boys found with girls after 269 bodies were discovered between January 7pm. and December; however, investigations were In September, the minister of interior rarely conducted before burials. ordered the suspension of all administrative The police, National Intelligence Service officials who were practising and members of the ruling party’s youth “concubinage” (defined by law as a married wing, the Imbonerakure, were accused of man living with one or more women as killing suspected opponents, including though they were “wives” outside or within through torture. the marital home) or were part of “illegal RIGHT TO TRUTH, JUSTICE AND unions”. The bans on cohabitation outside REPARATION marriage and on polygamy continued. ARBITRARY ARRESTS AND DETENTIONS The TRC continued to conduct exhumations of mass graves of victims of the 1972 Arbitrary arrests and detention continued, massacres, which primarily targeted Hutu. notably of members of the opposition party, Focusing on the 1972 massacres without the National Congress for Freedom (CNL). In investigating other atrocities, the TRC faced September, the Commission of Inquiry on accusations of bias and of working on behalf Burundi published a report which found that of the ruling party. Separately, between April in addition to police and intelligence service and June, the senate organized a series of Amnesty International Report 2021/22 110

conferences to remember the 1972 massacres, risking pre-empting the TRC’s CAMBODIA conclusions. In July, the President of the National Kingdom of Cambodia Assembly made threatening public remarks Head of state: Norodom Sihamoni about magistrates and undermined the Head of government: Hun Sen independence of the judiciary. The same month, the Governor of Bujumbura province New laws on internet use and in response to proposed regular meetings between the the Covid-19 pandemic further extended judiciary and his office to deliberate on restrictions on civil and political rights. justice-related complaints brought by Contraventions of Covid-19 regulations and residents. In August, President Ndayishimiye criticism of the government were met with spoke out about allegations of corruption arrest and imprisonment. Members of the among judges but took no action to prevent banned opposition party were sentenced to political interference in the justice system. lengthy prison sentences after unfair mass The ICC continued its investigation into the trials. Environmental activists were Burundi situation (despite Burundi’s especially targeted and Indigenous peoples withdrawal from the Rome Statute), with a barred from conservation efforts. Severely focus on “[a]lleged crimes against humanity overcrowded prisons and drug detention committed in Burundi or by nationals of centres undermined the right to health of Burundi outside Burundi since 26 April 2015 detainees. until 26 October 2017”. BACKGROUND REFUGEES’ AND MIGRANTS’ RIGHTS A government crackdown on independent Between January and September, around 36 media, civil society organizations and political Burundians were reported to have arrived in opposition that began in 2017 continued neighbouring countries as asylum seekers. throughout 2021. The largest opposition The numbers leaving Burundi had reduced party, the Cambodia National Rescue Party dramatically from March 2020 because of (CNRP), remained banned following its court- Covid-19 restrictions on movement and some ordered dissolution in 2017. The border restrictions remained in place in government’s anti-drug campaign entered its 2021. fifth year. UNHCR, the UN refugee agency, supported FREEDOM OF EXPRESSION more than 60,000 people in their return to Burundi up to the end of October. In June, On 16 February, Hun Sen signed into law the Burundi’s Conference of Catholic Bishops Sub-Decree on the Establishment of a raised concerns about returnees not being National Internet Gateway which undermined well received in certain areas and being the right to privacy and encouraged self- intimidated by those who were supposed to censorship. The regulation required all support them to reintegrate into society. internet traffic to pass through a centralized oversight body charged with monitoring 1. Burundi: Genuine Reopening of Civic Space Requires Accountability online activity and internet service providers (Index: AFR 16/3806/2021), 11 March to verify the identities of internet users. It also 2. “Burundi: Release of Germain Rukuki a victory for human rights”, 1 allowed for network connections “that affect July; “Burundi: Germain Rukuki’s prison sentence cut from 32 years safety, national revenue, social order, dignity, to one”, 22 June culture, tradition and customs” to be blocked 3. Burundi: Lawyer Gets 5-Year Prison Sentence: Tony Germain Nkina or disconnected. (Index: AFR 16/4636/2021), 20 August Authorities continued to use the Covid-19 pandemic as a pretext to restrict freedom of expression. In early March, Shen Kaidong, a Amnesty International Report 2021/22 111

Chinese citizen and editor-in-chief of the The authorities failed to investigate physical Chinese-language media outlet Angkor Today, attacks against CNRP members and was deported for publishing a story about supporters. In April, a 16-year-old CNRP vaccines deemed as “fake news” by the supporter was assaulted by two men and authorities. The same month, the National hospitalized with a fractured skull. The Assembly passed the Law on Measures to attackers were not found. On 24 June, the Prevent the Spread of Covid-19 and other same supporter was arrested and charged Serious, Dangerous and Contagious Diseases with incitement and insulting public officials (Covid-19 law), which imposed severe in connection with comments made on the penalties for contravening Covid-19 messaging app Telegram that were critical of restrictions, including prison sentences of up the government. He was sentenced to eight to 20 years. months in prison and released in November According to local NGO LICADHO, at least after serving four and a half months. The 258 people were arrested under the Covid-19 supporter’s father had been arrested in 2020 law between 10 and 25 April for disobeying and was among dozens of CNRP members administrative measures. Among these, 83 facing trial. individuals were prosecuted and jailed. REPRESSION OF DISSENT Dozens more were arrested for criticizing the government’s Covid-19 response. Authorities used the judicial system to FREEDOM OF ASSOCIATION unjustly arrest, prosecute and imprison human rights defenders and environmental Members of the banned opposition party, the activists. In August, trade union leader Rong CNRP, continued to face arbitrary arrests and Chhun was convicted of “incitement to prosecutions as well as violent attacks by commit a felony or cause social unrest” and unidentified assailants. In early January, sentenced to two years’ imprisonment. The mass trials of approximately 150 CNRP trial followed public statements he made senior leaders and other party members and alleging community land loss resulting from supporters began.1 Many of the charges the demarcation of the Cambodia-Viet Nam related to the planned return of self-exiled border. Opposition activists Sar Kanika and CNRP leaders to Cambodia in November Ton Nimol were convicted of incitement and 2019, which was characterized as a coup sentenced to 20 months’ imprisonment after attempt by the authorities. On 1 March, nine calling for Rong Chhun’s release. Ten others senior party leaders were found guilty in their who also protested against Rong Chhun’s absence of “attempting to commit a felony” imprisonment were arrested and charged and “attack” under Articles 27 and 451 with incitement. respectively of Cambodia’s Criminal Code. Environmental activists affiliated with the Party co-founder Sam Rainsy was sentenced campaign group Mother Nature Cambodia to 25 years’ imprisonment and others to (MNC) faced judicial harassment throughout between 20 and 22 years. the year. In May, five MNC activists were On 9 November, Veourn Veasna and convicted of incitement and sentenced to Voeung Samnang, both CNRP supporters between 18 and 20 months’ imprisonment and UNHCR-recognized refugees, were (two were convicted in their absence). They forcibly returned to Cambodia from Thailand had been arrested after planning a protest and detained on charges of incitement and march against government plans to privatize, Covid-19 law violations. Hun Sen had fill and develop the largest remaining lake in previously ordered Voeurn Veasna's arrest the capital, Phnom Penh.2 In June, three after he published a poem criticizing him. other MNC activists were charged variously The two men remained in pretrial detention with “plotting” and “insulting the King” (lèse at the end of the year. majesté), along with one other, again charged in their absence. They had been arrested Amnesty International Report 2021/22 112

while documenting river pollution levels in in areas designated as “red zones” were 3 Phnom Penh. The MNC members were prohibited from leaving their homes for any among 26 activists released in mid- reason, which seriously impacted their November who also included Rong Chhun access to food, healthcare and other and all those detained for protesting against essential goods and services. Humanitarian his arrest. All were released subject to various NGOs were barred from distributing food and conditions including limits to their rights to other aid to at-risk residents in these areas. freedom of movement, association and Some individuals who posted concerns or peaceful assembly. pleas for help on social media were ENVIRONMENTAL DEGRADATION AND threatened and intimidated by local authorities. INDIGENOUS PEOPLES’ RIGHTS Severe overcrowding in prisons and drug Indigenous peoples and grassroots forest detention centres, exacerbated by the anti- defenders were denied access to their drug campaign, continued to violate traditional lands for conservation activities. In detainees’ right to health. Civil society February, a request by the Prey Lang repeated calls for urgent action to curb the Community Network (PLCN) to hold their spread of Covid-19 among detainees, annual tree blessing ceremony in the Prey including through non-custodial alternatives Lang rainforest was rejected by the Ministry to detention, but government action was 7 of the Environment for the second year limited and inadequate. 4 running. PLCN members – most of whom were Indigenous Kuy people – remained 1. “Cambodia: 150 opposition politicians and supporters face jail in banned from entering the Prey Lang Wildlife mass trials”, 14 January Sanctuary to conduct community patrols. The 2. “Cambodia: 'Outrageous' conviction of five environmental activists Prey Preah Roka Forest Community Network must be overturned”, 6 May were also prevented from engaging in forest 3. “Cambodia: Assault on environmental defenders escalates as four patrols in Prey Vihear province. more charged”, 22 June In September, PLCN member Chan Thoeun 4. “Cambodia: Widespread illegal logging in Prey Lang rainforest amid was convicted of “intentional violence with ban on community patrols”, 25 February aggravating circumstances” and given a two- 5. “Cambodia’s Prey Lang: how not to protect a vital forest”, 13 April year suspended prison sentence after a 6. “Cambodia: Authorities must avert Covid-19 humanitarian crisis”, confrontation with an alleged logger during a 30 April forest patrol in 2020. In February, Ministry of 7. Cambodia: Urgently Address Covid-19 Outbreak in Prisons (Index: Environment officers arrested and arbitrarily ASA 23/4172/2021), 24 May detained five environmental defenders for investigating illegal logging in Prey Lang forest. They were released three days later CAMEROON after committing not to enter the forest without permission from authorities.5 Republic of Cameroon Deforestation rates increased by over 20% in Head of state: Paul Biya 2021, which impacted severely on the Head of government: Joseph Dion Ngute ancestral lands of Indigenous peoples. Companies implicated in illegal logging In the Northwest and Southwest regions, continued to operate with impunity. the army and armed separatist groups RIGHT TO HEALTH committed serious human rights violations and abuses. In the Far North region, armed In April, amid rising Covid-19 infection rates, groups continued to carry out deadly raids the authorities imposed severe lockdown on villages. Dozens of opposition party measures – some lasting several weeks – in supporters and anglophone leaders 6 parts of the capital and other cities. People remained arbitrarily detained. The Amnesty International Report 2021/22 113

authorities announced judicial inquiries Southwest region. On 24 November, after alleged mismanagement of Covid-19 unidentified gunmen attacked a school in funds. Ekondo Titi, Southwest region, killing four BACKGROUND students and a teacher. On 27 February, suspected armed Fighting between armed separatist groups separatists abducted a doctor in the and the army continued in the Northwest and Northwest region, accusing him of not Southwest anglophone regions. The armed supporting the separatist cause. He was conflict in the Far North region continued to released after payment of a ransom. On 13 rage with the active presence of the armed March, according to the National Union of groups Boko Haram and Islamic State in Journalists, a journalist at Cameroon Radio West Africa Province (ISWAP). As of 31 Television was abducted from her home by October, Cameroon hosted more than 1 suspected armed separatists. She was million internally displaced people in the released after payment of a ransom. On 15 Northwest, Southwest and Far North regions. June, six civil servants were abducted in UNLAWFUL ATTACKS AND KILLINGS Misore-Balue, Southwest region, and one of them was executed, according to government According to Human Rights Watch, soldiers media and human rights organizations. killed at least nine people in the Southwest Traditional authorities were also targeted, region on 10 January and looted homes. On suspected of siding with the Cameroonian 8 and 9 June, Cameroonian security forces government. On 13 February, armed men also killed two people, raped a 53-year-old abducted four traditional leaders in Fontem, woman, and destroyed and looted at least 33 Southwest region. Three of them were homes, shops and a traditional leader’s reportedly later found dead. palace in the Northwest region. These human rights abuses happened in Following an improvised explosive device the context of growing inter-communal attack on a Rapid Intervention Battalion tensions. Between 22 and 26 February, at convoy in Bamenda on 8 December, least 4,200 people were displaced from elements of the army forces reportedly burnt seven villages in Nwa subdivision, Northwest a large number of houses in the town. region, after attacks by Fulani vigilante ABUSES BY ARMED GROUPS groups, resulting in the deaths of at least eight people. NORTHWEST AND SOUTHWEST REGIONS On 5 March, armed men attacked Fulani Armed groups continued to commit grave herdsmen in the lower Menchum valley in human rights abuses in the Northwest and Boyo, Northwest region, killing at least 10 Southwest regions, targeting people, people, after the herdsmen’s cattle had healthcare facilities and schools. allegedly destroyed a farmer’s crops. From January to June,OCHA reported 29 According to the OCHA, two days later in the attacks on healthcare facilities in the same locality armed men attacked Fulani Northwest region and seven in the Southwest people, killing six people, allegedly to avenge region; health workers and patients were the death of a woman burnt alive in her abducted and installations were burnt. house in Beneng village. On 9 January, the head of a school in FAR NORTH REGION Ossing, Southwest region, was reportedly Boko Haram and ISWAP continued to killed by unidentified men. According to the commit serious human rights abuses in the OCHA, on 5 March unidentified armed men Far North region, including killings, abducted a student from a school in the abductions, looting and burning of homes village of Batoke, Southwest region. On 6 and properties, mostly targeting farmers and March, armed men abducted two teachers fishermen in remote areas. and a student from a school in Bamenda, Amnesty International Report 2021/22 114

As of 24 October, at least 70 civilians had had been arrested during a meeting ahead of been reportedly killed in at least 51 attacks. the September protests. On 8 January a female suicide bomber killed FREEDOM OF EXPRESSION, at least 15 people in Mozogo. ASSOCIATION AND ASSEMBLY According to reports, at least 15 fishermen were abducted on 30 August in Blaram On 21 July the authorities banned a village, and on 10 November four villagers demonstration planned by the MRC for 25 were killed in a village of Mokolo commune in July in Yaoundé, on the grounds of “risk of an attack attributed to Boko Haram. serious disturbance to public order” and “risk DENIAL OF HUMANITARIAN ACCESS of the spread of Covid-19.” However, several Doctors Without Borders announced on 3 demonstrations in support of the ruling party August that it had been forced to withdraw were authorized the same month. teams from the Northwest region, after the On 26 August, the Ministry of Territorial authorities suspended its activities in Administration gave “promoters and December 2020, accusing it of supporting representatives of foreign associations” local armed groups. working in Cameroon one month to send ARBITRARY DETENTION them information relating to their headquarters and offices, and names and The UN Working Group on Arbitrary contact details of staff as part of an “updating Detention, in two Opinions adopted in August operation”; otherwise they would not be 2019 and May 2021, called for the release of authorized to work in the country. Human Mancho Bibixy Tse and Tsi Conrad. The two rights defenders and associations denounced men had led protests in the anglophone the move. regions in 2016 and 2017 and were RIGHT TO HEALTH sentenced by a military court in Yaoundé to 15 years in prison, following their conviction Civil servants complained in the media about notably for “acts of terrorism, secession, the lack of financial support by the spreading false information, and contempt for government to their establishment to fight public bodies and officials”. Dozens of other against Covid-19. On 19 May, a report by the anglophone leaders remained in detention Supreme Court’s audit chamber was leaked after having been tried by military tribunals. to social media. It revealed potential dubious More than 100 Cameroon Renaissance contracts, falsified accounts, and the alleged Movement (MRC) members and supporters misappropriation of billions of CFA francs by reportedly remained in arbitrary detention; government bodies from the Special National they were charged or sentenced by military Solidarity Fund – created in March 2020 by courts, for attempted revolution, rebellion, President Paul Biya – for the fight against aggravated assembly, or participation in the Covid-19. On 28 May the authorities organization of an undeclared public announced judicial inquiries on the meeting, in relation to their activism or their management of Covid-19 funds. As of 28 participation in banned protests in December, only 1,020,007 Covid-19 September 2020. Among them, Olivier Bibou vaccinations had been administered. Nissack, the spokesperson of MRC leader Maurice Kamto, and Alain Fogué Tedom, LGBTI PEOPLE’S RIGHTS national treasurer of the MRC,were LGBTI people continued to be subjected to sentenced to seven years in prison. human rights violations. On 31 December, after 15 months of On 8 February, two transgender women pretrial detention, four members of the Stand were arrested in a restaurant by gendarmes. Up for Cameroon movement were found They said they were physically and verbally guilty of “insurrection” and sentenced to 16 assaulted before being transferred to New months in prison by a military tribunal. They Bell prison in Douala. Both were charged Amnesty International Report 2021/22 115

with attempted homosexuality, affront to The authorities failed to fully implement and public decency and non-possession of share a public timeline for the 94 calls to identity cards, and were sentenced to five action of the Truth and Reconciliation years’ imprisonment and a fine of 200,000 Commission of Canada or to implement the FCFA (about US$345). They were released in 142 calls for action from the Public Inquiry June pending appeal. Commission on relations between Indigenous On 24 February, according to Human peoples and public services in Quebec. Rights Watch, police forces raided the office In September, the Federal Court upheld the of Colibri, an HIV/AIDS prevention and Canadian Human Rights Tribunal ruling treatment group in Bafoussam, West region, ordering Ottawa to pay Can$40,000 and arrested 13 people on charges of (approximately US$32,000) to each of the homosexuality, before releasing them a few approximately 50,000 First Nations children days later. Those arrested said they were forcibly separated from their families. At the forced to sign statements, were physically end of the year, the parties reached an and verbally assaulted, and were forced to agreement-in-principle whereby Can$20 undergo HIV tests and anal examinations. billion (approximately US$15.7 billion) will be Article 347-1 of the Criminal Code punishes paid in compensation to First Nations with up to five years’ imprisonment “any children who were removed from their homes person who has sexual relations with a and approximately Can$20 billion over five person of his sex”. years will be spent on long-term reform of the First Nations Child and Family Services program. CANADA JOYCE’S PRINCIPLE In February, the minister of Indigenous Canada services announced Can$2 million Head of state: Elizabeth II, represented by Governor (approximately US$1.6 million) in funding to General Mary May Simon (replaced Julie Payette in July) the Conseil de la Nation Atikamekw (Council Head of government: Justin Trudeau of Atikamekw Nation) and the Conseil des Atikamekw de Manawan (Atikamekw Council There were concerns about government of Manawan) to advance their advocacy for responses to the Covid-19 pandemic and the implementation of Joyce's Principle, inaction on the rights of Indigenous which aims to guarantee all Indigenous peoples, Black and racialized communities, people the right to equitable access to all women, refugees and migrants. social and health services without discrimination. The Principle was named INDIGENOUS PEOPLES’ RIGHTS after Joyce Echaquan, an Atikamekw woman In April, the CERD Committee called on who was subjected to racist taunts by Canada to investigate allegations of racist hospital staff before dying in a Quebec violence against Mi’kmaw people. hospital in September 2020. In June, parliament passed a law In September, the Quebec provincial implementing the UN Declaration on the government again denied the existence of Rights of Indigenous Peoples. systemic racism in the province and INDIGENOUS CHILDREN continued to refuse to adhere to Joyce’s Between May and the end of the year, the Principle. The coroner's report investigating remains of more than 1,381 Indigenous Joyce Echaquan’s death stated that the children buried at six former residential province of Quebec's government must schools were located. The Canadian acknowledge the existence of systemic government established the schools, and racism and commit to eliminating it. churches administered them.1 Amnesty International Report 2021/22 116

RIGHT TO WATER, HEALTH AND HOUSING Court of Canada granted leave to appeal Canada did not meet its commitment to against that decision. ensure access to safe, clean water in First Immigration detention practices continued Nations communities by 31 March 2021. In to violate international human rights law, October, petroleum was discovered in including the rights of children and people Iqaluit’s water supply, forcing residents to rely with disabilities.2 on alternative sources. Despite the prevalence of Covid-19, WOMENS’ RIGHTS Indigenous peoples continued to lack The 2021-2022 federal budget included a healthcare facilities and services, and lived in commitment of over Can$27 billion underfunded and overcrowded housing. (approximately US$21 billion) over five years DISCRIMINATION to create a national affordable childcare system. Racialized communities continued to In March, the Canadian Alliance for Sex experience systemic racism, including in Work Law Reform launched a lawsuit to strike interactions with police forces. In December down Canada’s laws criminalizing sex work 2020, Black federal employees launched a on the grounds that these laws violate sex landmark class-action lawsuit against the workers’ rights. The case was pending at the federal government, alleging decades of end of the year. systemic and institutional racism in public In June, Canada launched a National Action services. The case remained pending before Plan to implement the 231 Calls for Justice the Federal Court of Canada at the end of the from the National Inquiry into Missing and year. Murdered Indigenous Women and Girls, but In May, Indigenous leaders called for an failed to outline accountability measures and investigation of the Royal Canadian Mounted an implementation timeline. Police on Vancouver Island after the shooting In June, the Senate Standing Committee on of two Tla-o-qui-aht people in the first half of Human Rights released a report on forced 2021 which left one dead and one seriously and coerced sterilization, a practice that injured. In July, the First Nations Leadership disproportionately impacts Indigenous Council renewed the same call following the women, girls and two-spirit people. shooting of a Wet'suwet'en man in British Columbia. LGBTI PEOPLE’S RIGHTS In August, the Commission des droits de la A bill to criminalize “conversion therapy”, a personne et des droits de la jeunesse du process that seeks to change a person’s Quebec (Human Rights and Youth Rights sexual orientation or suppress a person’s Commission of Quebec) published a report gender identity or expression, became law on indicating that racial profiling complaints had 8 December. increased by 87%, from 46 in 2018-2019 to CORPORATE ACCOUNTABILITY 86 in 2020-2021. In January, Amazon factory staff reportedly REFUGEES’ AND MIGRANTS’ RIGHTS continued to work despite health and safety Between 21 March 2020 and 21 June 2021, concerns related to the pandemic. The 444 people seeking asylum were pushed company opposed workers’ attempts to back to the USA under measures to curb the unionize. Covid-19 pandemic. These measures were Canadian resource extraction companies rescinded on 20 November 2021. continued to operate extraterritorially with In April, the Federal Court of Appeal little human rights or environmental oversight overturned a decision that found the Canada- from the Canadian or host-state US Safe Third Country Agreement governments. unconstitutional. In December, the Supreme Amnesty International Report 2021/22 117

Developers of the Trans Mountain pipeline did not obtain the free, prior, informed CENTRAL AFRICAN consent of all Secwepemc communities affected. In April, several men attacked REPUBLIC Secwepemc women land defenders at a camp in Blue River, British Columbia, who Central African Republic were protesting against the construction of Head of state: Faustin-Archange Touadéra the company's industrial camps. Head of government: Henri-Marie Dondra (replaced Between September and December, armed Firmin Ngrébada in June) Royal Canadian Mounted Police officers arrested 36 peaceful land defenders opposed Unlawful attacks, killings and other to the construction of the Coastal Gaslink violations and abuses, including war crimes, pipeline in Wet’suwet’en traditional territory in continued in the framework of the armed British Columbia, including three journalists conflict. Civilians were killed, people were covering the protests. summarily executed, humanitarian workers FAILURE TO TACKLE CLIMATE CRISIS faced attacks and cases of sexual violence were documented. There was impunity for Canada continued to subsidize the fossil fuel the most serious crimes. industry, specifically exploration and BACKGROUND development projects, and exploitation and transport of oil and gas. Several armed groups led by former In June, the federal government enacted president François Bozizé forming the Canada's first climate accountability Coalition of Patriots for Change (CPC) legislation, the Canadian Carbon Neutrality launched an offensive in January on the Accountability Act. capital, Bangui, with the aim of preventing IRRESPONSIBLE ARMS TRANSFERS the presidential elections from going ahead. On 18 January, the Constitutional Court Canada continued to transfer arms to officially declared that President Touadéra Colombia despite militarized repression of had won a second term. Throughout the year, demonstrations that resulted in human rights national forces and their allies – Rwandan violations. Canada continued to export arms soldiers and mercenaries – led a counter- to Saudi Arabia, despite risk assessments of offensive to retake territories controlled by the transfers that did not conform to the armed groups. According to the OCHA, at the 3 Arms Trade Treaty. end of November there were 670,000 internally displaced people in the country, 1. Canada: Justice for Indigenous Children (Index: AMR 20/4279/2021), with limited access to water, food, healthcare 14 June and education. 2. Canada: I Didn’t Feel Like a Human in There: Immigration Detention UNLAWFUL ATTACKS AND KILLINGS in Canada and its Impact on Mental Health (Index: AMR 20/4195/2021), 17 June Unlawful attacks, killings and other violations 3. “Canada-Saudi arms deal flouts international law: Amnesty and abuses of international humanitarian and International, Project Ploughshares report”, 11 August human rights law, some of which amount to war crimes, were committed by all parties to the conflict. According to the UN, members of the CPC attacked and looted health centres in Mbomou prefecture in January. They also attacked or occupied at least 37 schools from January to June, preventing free access to education for thousands of children. Amnesty International Report 2021/22 118

In March in Ouaka prefecture, elements of EXTRAJUDICIAL EXECUTIONS the Union pour la paix en Centrafrique In the context of the conflict, Central African (affiliated with the CPC) tortured and killed armed forces and their allies carried out three traders for participating in the by- extrajudicial executions of people suspected legislative election process. The victims’ of belonging to or supporting the CPC. bodies were found with their voter cards tied According to the UN, on 3 January, six around their necks. people detained on suspicion of being The UN Working Group on the use of members of the CPC, including a young boy, mercenaries reported that in February, were executed in an army camp in Mbomou following clashes in the town of Bambari, prefecture. In February in Ouaka prefecture, national forces and their allies targeted a three men were executed by members of the mosque, killing 14 people including a woman national forces and their allies. Between and a child. A health facility was also targeted March and June, the UN documented in contravention of international humanitarian executions by national forces and their allies law. According to Médecins Sans Frontières, of at least 17 people, including civilians and a 36 war-wounded people, including eight minor, in the prefectures of Bamingui- women and nine children aged 17 months to Bangoran, Ouham Pendé and Nana Gribizi. 17 years, were treated at the health centre in VIOLENCE AGAINST WOMEN AND GIRLS Bambari. According to the OCHA, in June, national Cases of violence against women and girls forces and their allies closed and burnt down were reported by the UN. Six girls aged a camp for internally displaced people in between 14 and 16 were drugged and raped Bambari where some 8,500 people were daily by members of the rebel group Return, living. Reclamation and Rehabilitation (known as According to the UN Multidimensional 3R) at a base in the Nana Mambere area in Integrated Stabilization Mission in the Central January. They eventually managed to escape. African Republic (MINUSCA), 228 civilians According to MINUSCA, between January were killed between June and October as a and June, 131 cases of conflict-related result of the conflict. sexual violence, including 115 rapes, 12 The use of improvised explosive devices attempted rapes, one case of sexual slavery was documented by the UN: in the west of and three forced marriages, were the country, in the first half of the year, at documented. The attacks were mostly least 15 civilians – including a child – were attributed to CPC members; 19 were killed, 24 were injured, and two attributed to members of the national forces peacekeepers were also killed. and their allies. From July to October, ATTACKS AGAINST HUMANITARIAN WORKERS MINUSCA received 118 reports of conflict- Attacks on humanitarian workers by armed related sexual violence. groups or unidentified individuals continued RIGHT TO TRUTH, JUSTICE AND as the security situation deteriorated. REPARATION According to the OCHA, as of December, 396 incidents affecting humanitarian workers Despite the requirement under Central were recorded, compared to 424 in 2020. African law that at least six criminal sessions Thefts, robberies, looting, threats and attacks be held per year, none were held in 2021. represented 65% of security incidents. Hundreds of individuals were held in pretrial According to the UN Secretary-General's detention, often after legal time limits had report, three aid workers were killed and 23 expired. others injured between June and October as Investigations by the Special Criminal Court a result of explosive devices. (SCC), the UN-backed hybrid court mandated to investigate and prosecute crimes under international law and other Amnesty International Report 2021/22 119

serious human rights violations committed in of vaccines in certain areas was hindering the the country since 2003, were ongoing but no fight against the disease. cases were sent to trial. In December, an As of 31 December, a total of 514,271 appeal hearing before the special indictment vaccine doses against Covid-19 had been chamber was made public. It concerned administered and 346,000 people were fully three men charged with crimes against vaccinated (of an estimated population of 5 humanity for killings that took place in 2019 million). Priority for vaccination was given to in the Paoua sous-prefecture. The SCC health personnel and vulnerable people. announced that it had issued 25 arrest Vaccination was extended to the warrants. Only one of them was executed, administrative centres of prefectures from leading to the arrest in November of Hassan August. Bouba Ali, the minister for livestock and animal health. He was released several days 1. One Step Forward, Two Steps Backwards: Justice in the Central later by defence and security forces without African Republic (Index: AFR 19/5038/2021), 8 December any authorization from the judges.1 In May, the government set up a Commission of Inquiry following allegations CHAD by the UN of violations of international humanitarian law committed by all parties Republic of Chad since the beginning of the CPC offensive. In Head of state: Mahamat Idriss Déby (replaced Idriss October the minister of justice presented the Déby Itno in April) results of this investigation, in which the Head of government: Albert Pahimi Padacké (position authorities acknowledged certain allegations created in April) against national forces and its allies, and the majority of allegations made against armed Repression of government critics continued; groups. The report was not made public and the authorities arbitrarily detained human the next steps were not known. rights defenders and civil society activists RIGHT TO FOOD AND RIGHT TO HEALTH and violated the right to freedom of expression. Some protests were banned and According to the UN Food and Agriculture security forces used excessive force against Organization, the number of people in the peaceful protesters defying the ban. country facing acute food insecurity Violence and discrimination against women increased from 1.9 million to 2.29 million and girls persisted. Access to food and during the first half of the year, exacerbated healthcare remained precarious for a large by the deterioration in security. According to part of the population. UNICEF, in July at least 80,000 children BACKGROUND under five were at risk of acute malnutrition, an increase of 29% from previous projections In the run-up to the 11 April presidential for 2021, and nationwide 40% of children elections, a platform called Wakit Tama (“the under five were already chronically time has come”), made up of opposition malnourished. parties, unions and NGOs, mobilized to According to the WHO and several NGOs, protest against the electoral process, which health centres, especially outside the capital, they considered to be non-transparent and lacked qualified medical personnel as well as non-inclusive. From April a Chadian armed essential medicines and equipment. Several group based in Libya – the Front pour health centres were looted of drugs and other l'alternance et la concorde au Tchad (FACT) goods during the offensive in January, – carried out several attacks in the north and aggravating an already dire situation. west of the country. Before the official According to the WHO, despite a decline in announcement by the electoral commission measles infections in 2021, the unavailability of the re-election of President Idriss Déby Amnesty International Report 2021/22 120

1 Itno for a sixth term, he was killed during a public order and destroying state property”. visit to the combat zone. His death led to the They were released after a few days. The establishment of a transitional military council same month, the home of a political led by his son, Mahamat Idriss Déby. opponent was attacked by the security forces because he allegedly refused to respond to ARBITRARY ARRESTS AND DETENTIONS several summons from the courts.2 According In June, Baradine Berde Targuio, president of to local human rights NGOs, this attack the Chadian Organization for Human Rights, resulted in the deaths of two of his relatives, was released on parole. He was serving a who were inside the house. three-year prison sentence, having been In April and May at least 16 demonstrators arrested on 24 January 2020 following a were killed in N’Djamena and the southern Facebook post alleging that President Idriss city of Moundou during protests organized by 3 Déby was ill. He spent nearly seven months the Wakit Tama coalition. Dozens more were in incommunicado detention before being injured and at least 700 protesters were charged in August 2020 with breaching arrested. Many of those arrested were national security, illegal possession of released immediately after the protests. weapons, assault and battery. The conditions Several people testified that they were of his release were not clarified. targeted by law enforcement officers with Mahamat Nour Ibedou, the Secretary lethal weapons while demonstrating. The General of the Chadian Convention for the authorities announced the opening of a Protection of Human Rights, who joined the judicial investigation into these incidents. A Wakit Tama coalition in several police officer who allegedly fired his weapon demonstrations against the regime, suffered was suspended. Information on the progress harassment from the judicial authorities. of the investigation remained unavailable at They summoned him several times for his the end of the year. participation in the demonstrations and he In May, a demonstration in support of the was arrested in March during a protest authorities was authorized by the transitional against Idriss Déby’s candidacy for a sixth government, while one organized by the term. He was released without charge after Wakit Tama platform was banned. three days in detention. He was summoned again in July following a complaint lodged by WOMEN’S AND GIRLS’ RIGHTS the Ministry of Public Security in relation to a Widespread discrimination and violence statement he made denouncing the against women and girls continued. In June, conditions of detention of FACT members. women protested in the streets against sexual FREEDOM OF ASSEMBLY AND violence and a culture of impunity for EXCESSIVE USE OF FORCE perpetrators, after the gang rape of a 15-year- old girl was filmed and shared on social Between January and May, the Chadian media. authorities denied people the right to Girls’ enrolment in secondary school peaceful protest by systematically banning continued to fall, from 31% in 2017 to 12% gatherings on the grounds that they were in 2021, according to the World Economic likely to disturb public order. These bans Forum. (Boys’ enrolment in secondary were defied by demonstrators protesting first education in 2021 was 25%.) This was partly against the electoral process and later the due to nationwide school closures in 2020-21 establishment of the transitional government. because of the Covid-19 pandemic, a period Security forces used excessive force to during which several organizations noted an disperse peaceful protests. increased rate of early and forced marriage. In February at least 14 demonstrators were arrested in the capital, N’Djamena, and charged with “assault and battery, disturbing Amnesty International Report 2021/22 121

RIGHT TO FOOD him to pay approximately US$150 million in According to the UN Office for the compensation to victims. In addition, a Trust Coordination of Humanitarian Affairs, food Fund for Victims created by the AU was insecurity and malnutrition affected 5.5 mandated to locate, trace, freeze and seize million Chadians, including 1.7 million in its his property, as well as to solicit and obtain severe form. The situation remained voluntary contributions from states and other precarious in the provinces where the stakeholders. Despite these encouraging activities of armed groups disrupted harvests announcements, victims had yet to be and forced people to move. In addition, 1.7 compensated by the end of the year. million people were affected by health A court order from 2015, which awarded emergencies, including children and reparations to be paid jointly by the Chadian pregnant and breastfeeding women. state and 20 officers from Hissène Habré’s RIGHT TO HEALTH regime convicted for murder and torture, had yet to be implemented, according to the According to the WHO and the Chadian victims’ lawyers. Ministry of Health, a measles epidemic broke out in the country, with 264 confirmed cases 1. “Chad: Opposition members and human rights activists banned from and 15 deaths. The southern provinces were freely protesting ahead of election”, 9 February most affected and the low vaccination 2. “Chad: Authorities must investigate raid and killings at presidential coverage risked a further outbreak. contender’s house”, 1 March At least 350,000 cases of malaria were 3. “Chad: Deaths following violent crackdown on protests must be confirmed during the year, resulting in 546 investigated”, 28 April deaths, according to the National Epidemic Control Committee. Hospitals were overwhelmed by the number of cases and CHILE were not able to treat all patients because of a shortage of beds. The Ministry of Health Republic of Chile disinfected several districts of N’Djamena Head of state and government: Sebastián Piñera and distributed impregnated mosquito nets. Echenique As of December, Chad had recorded 6,185 cases of Covid-19 and 184 deaths. The Protests continued during the year, mostly number of vaccinated amounted to 367,000 demanding the release of people detained people but only 80,663 had completed the in connection with mass protests in vaccination schedule (for an estimated 2019-2020, many of whom were held in population of 17 million). Chad benefited unjustified pretrial detention. Excessive use from the COVAX initiative and launched its of force by the police persisted. The vaccination campaign in June in N’Djamena, humanitarian crisis faced by thousands of Moundou and Abéché. In October, the WHO people, mostly Venezuelans, trying to enter had reported there were 63 vaccination sites Chile through the northern border was in the country. exacerbated by mass expulsions. RIGHT TO TRUTH, JUSTICE AND BACKGROUND REPARATION The “state of catastrophe” and curfew In August, former president Hissène Habré declared in response to the pandemic died in Senegal. On 27 April 2017, the remained in force for most of the year. Chamber of Appeals of the Extraordinary Covid-19 cases peaked between April and African Chambers in Dakar had confirmed June, particularly affecting poorer Hissène Habré’s conviction and life sentence communities. By the end of the year, the for crimes against humanity, war crimes and number of cases had fallen, following a torture, including sexual slavery, and ordered Amnesty International Report 2021/22 122

successful vaccination programme, and prohibit harmful police conduct, such as restrictions were relaxed. sexual abuse during detention and use of In July, the Constitutional Convention began less lethal weapons when policing protests. work on drafting a new Constitution. In June, President Piñera announced the Presidential and congressional elections were creation of a specialized human rights office held at the end of the year; Gabriel Boric was within the Prosecutor’s Office, but this had declared the winner of the presidential not yet been established. The reform of the election. Carabineros (Chilean police) announced in EXCESSIVE USE OF FORCE 2020 had not yet been implemented. Victims of eye injuries told Amnesty Protests continued, though on a reduced International that there were serious scale due to the pandemic. Excessive use of shortcomings in the government’s force by police continued; at least two further Comprehensive Programme for Eye cases of eye injuries were recorded. Reparation. In February, a street juggler was shot dead ARBITRARY ARRESTS AND DETENTIONS by policemen in the town of Panguipulli. The Prosecutor’s Office for the Los Ríos region After the 2019-2020 mass protests, provided evidence that the fatal shot was hundreds of people were detained and fired while the victim was on the ground and charged with crimes allegedly committed immobilized. An officer was under during protests. This triggered further investigation at the end of the year. protests demanding their release. No state In March, the National Human Rights institution provided a comprehensive list of Institute reported that investigations into over those detained, and Amnesty International 3,000 cases of human rights violations received evidence of several instances of committed during the 2019-2020 mass unjustified use of pretrial detention. In some protests had been halted. The National cases, people were held in pretrial detention Prosecutor’s Office stated that almost half of for around a year and were then acquitted or its cases had been closed without charges the case was closed for lack of evidence. being brought. In May, the National A bill to pardon those charged in connection Prosecutor instructed all prosecutors to with the mass protests was before Congress. review their cases and consider reopening them if minimum investigative standards had INDIGENOUS PEOPLES’ RIGHTS not been met. In March, the Inter-American Commission on Some investigations did make progress Human Rights began examining the during the year, including those relating to admissibility of a petition submitted by three the injuries sustained by Gustavo Gatica and Mapuche men, José Tralcal, Luis Tralcal and Fabiola Campillai1 and those into the deaths José Peralino, convicted in an unfair trial in of Manuel Rebolledo and Kevin Gómez. connection with a fire in which two people At least six lawsuits filed against President died. Piñera and other current and former In May, the Supreme Court confirmed the government officials for crimes against sentences of seven former policemen and a humanity under Chilean law were being lawyer involved in the death of Camilo investigated by the Valparaíso Regional Catrillanca, a young Mapuche man, and the Prosecutor. In April, lawsuits were filed injuries sustained by a teenage boy who was against high-ranking police officers for failing with him, and in obstructing the investigation to take action to stop the pattern of injuries to into the case. The two had been shot at by protesters. police during a pursuit of suspects in a At the end of the year, Congress was robbery case, in which they were not debating several bills to simplify access to involved. Three of the former police officers civil reparations for victims and expressly were set to serve prison terms. Amnesty International Report 2021/22 123

In April, police shot and injured Mapuche crisis intensified by the government’s inaction leader Alberto Curamil while detaining him in providing accommodation and assistance following a protest and then denied him to people seeking protection or providing immediate treatment. The protest was in resources to support them. support of Elena Paine, a Mapuche leader In April, a new migration law entered into whose house had been set on fire the day force that severely restricts the ability of before. migrants and individuals seeking protection SEXUAL AND REPRODUCTIVE RIGHTS to regulate their status once in Chile. Over 500 people were expelled without due Congress rejected a bill which would have process in what could amount to collective decriminalized abortion in the first 14 weeks expulsions as a result of a government of pregnancy. Legal abortion therefore deportation plan. In some cases, people were remained restricted to three specific informed late on a Friday that they would be circumstances. deported that weekend, making it harder to Chile reached a friendly settlement before challenge the expulsion. The National the Inter-American Commission on Human Human Rights Institute reported that in one Rights, admitting responsibility for the forced case the police deceived Venezuelan sterilization of a woman with HIV in 2002, nationals to get them to sign expulsion and agreed to implement measures to ensure orders, telling them they were registration informed consent and access to health papers. services without discrimination for people with HIV. 1. “Chile: Amnesty International demands investigations into Carabineros’ former and current Director Generals for human rights LGBTI PEOPLE’S RIGHTS violations”, 21 July A bill legalizing same-sex marriage was approved and Congress continued to review anti-discrimination legislation. CHINA HUMAN RIGHTS DEFENDERS People’s Republic of China Harassment and attacks against Head of state: Xi Jinping environmental defenders continued. For Head of government : Li Keqiang example, death threats were made against Verónica Vilches, an activist working to The human rights situation across China defend the right to water in the Petorca continued to deteriorate. Human rights province, and against Marcela Nieto, a lawyers and activists reported harassment member of the women’s movement and intimidation; unfair trials; arbitrary, combating air and water pollution in the incommunicado and lengthy detention; and Quintero-Puchuncaví sector, one of Chile’s torture and other ill-treatment for simply “sacrifice zones” (geographic areas exercising their right to freedom of experiencing environmental damage or expression and other human rights. The economic disinvestment). government continued a campaign of A proposed law to ensure recognition of political indoctrination, arbitrary mass human right defenders was introduced into detention, torture and forced cultural Congress in November. assimilation against Muslims living in Xinjiang. Thousands of Uyghur children REFUGEES' AND MIGRANTS’ RIGHTS were separated from their parents. The Thousands of people, mostly Venezuelans, National Security Law for Hong Kong tried to enter Chile on foot across the enabled human rights violations which were northern border near the town of Colchane. unprecedented since the establishment of At least 20 people died amid a humanitarian the Special Administrative Region. There Amnesty International Report 2021/22 124

was limited progress in recognizing the tortured by being bound to an iron “tiger rights of LGBTI people in Hong Kong. chair” with their limbs contorted for more BACKGROUND than 10 hours per day for many days. They were indicted for “subversion of state power” 2 On 10 June the National People’s Congress in October. Standing Committee passed an anti- Xu Zhiyong’s partner, the human rights sanctions law to counter foreign sanctions defender Li Qiaochu, was again detained on amid increasing international pressure 6 February. On 15 March, she was charged against grave human rights violations across with “inciting subversion of state power” for the country. demanding Xu Zhiyong’s release and better The government called for a reduction in treatment. Her mental health deteriorated 3 abortions that are not “medically necessary” during her detention. and promulgated a law allowing married Formally arrested in 2017, human rights couples to have up to three children, lawyer Li Yuhan, who defended other human following a further decline in birth rates. rights lawyers, stood trial on 20 October HUMAN RIGHTS DEFENDERS AND charged with “fraud” and “picking quarrels ACTIVISTS and provoking trouble”. Former prisoner of conscience and human Severe crackdowns on human rights rights lawyer Gao Zhisheng, who was a vital defenders continued. The authorities arrested voice for the vulnerable for many years, and detained many human rights defenders remained missing, his exact location and and activists for lengthy periods under condition unclear since August 2017. unjustifiable, broadly defined and vaguely Human rights defender Yang Maodong (pen worded charges. Without access to family name Guo Feixiong) went missing on 29 and to lawyers of their choosing, as well as January, the morning after he began a effective fair trial mechanisms, many human hunger strike at Shanghai’s Pudong rights defenders were reportedly subjected to International Airport to protest against the torture and other ill-treatment while in authorities preventing him from leaving the detention. The authorities often continued to country to visit his critically ill wife in the monitor, harass and intimidate individuals USA.4 after their release and restrict their freedom Human rights lawyer Chang Weiping was of movement. officially charged with “subversion of state Six years after the unprecedented “709 power” on 16 April, six months after police crackdown” against human rights defenders officers detained him for publicly detailing and lawyers, which involved a series of torture he experienced when detained in coordinated raids across China, many January 2020. At the end of the year, he was lawyers remained in prison or under strict being held incommunicado at Feng County surveillance. Detention Centre.5 Detained since January 2018 and Yang Hengjun, a writer and government sentenced to four years’ imprisonment in critic, stood trial behind closed doors in May. June 2020, prominent human rights lawyer A verdict had not been released by the end of Yu Wensheng was finally permitted a visit at the year. Detained for more than 36 months, Nanjing Prison on 9 May from his wife and he continued to deny all allegations of son. According to his wife, he appeared to be espionage and had endured hundreds of malnourished and in deteriorating health.1 hours of interrogation and ill-treatment. Legal scholar Xu Zhiyong and former In August, Cheng Yuan, Liu Yongze and Wu human rights lawyer Ding Jiaxi were Gejianxiong, the founder and staff members permitted to speak to their lawyers in January of the NGO Changsha Funeng, were following lengthy incommunicado detention. sentenced to between two and five years in Both men revealed that they had been prison in a secret trial for advocating for the Amnesty International Report 2021/22 125

rights of marginalized groups and vulnerable thousands of men and women from people. predominantly Muslim ethnic groups were On 5 November, family members of labour imprisoned. Hundreds of thousands more, by activist Wang Jianbing and #MeToo activist some estimates more than 1 million, were Sophia Huang Xueqin received arrest notices held in internment camps, which the from the Guangzhou Security Bureau stating government called “training” or “education” that they had been detained for “inciting centres. Here, detainees endured ceaseless subversion of state power”. forced indoctrination, physical and ETHNIC AUTONOMOUS REGIONS psychological torture and other ill-treatment. Torture methods used during interrogations The government took extreme measures to and as punishment included beatings, prevent free communications, independent electric shocks, stress positions, the unlawful investigations and accurate reporting from use of restraints, including being locked in a the Xinjiang Uyghur Autonomous Region “tiger chair”, sleep deprivation, being hung (Xinjiang) and Tibet Autonomous Region from a wall, extremely cold temperatures and (Tibet). With a few exceptions for state- solitary confinement. orchestrated trips, access and travel to and Despite a government announcement in from ethnic minority regions remained highly December 2019 that internment camps had restricted, particularly for journalists and been closed and all residents had “returned human rights organizations. The UN High to society”, there remained credible evidence Commissioner for Human Rights continued that many people interned in Xinjiang were to request visits with no tangible progress. transferred and remained in detention. Large XINJIANG numbers of families continued to report their The government continued to implement far- relatives missing, believed to be detained.6 reaching policies that severely restricted the Between October 2019 and May 2021 freedoms of Muslims in Xinjiang. These Amnesty International gathered conclusive policies violated multiple human rights, evidence that the Chinese government had including the rights to liberty and security of committed at least the following crimes person; privacy; freedom of movement, against humanity: imprisonment or other opinion and expression, thought, conscience, severe deprivation of physical liberty, torture religion and belief; participation in cultural and persecution. life; and to equality and non-discrimination. The government prevented millions of These violations were carried out in a Xinjiang residents from communicating freely. widespread and systematic manner to the People living abroad were often unable to extent that they became an inexorable aspect obtain information about family members in of daily life for millions of Uyghurs, Kazakhs Xinjiang. The mass detention campaign and other predominantly Muslim ethnic combined with the systematic repression minorities in Xinjiang. prevented Uyghur parents who were studying Since 2017, under the guise of a campaign or working abroad from returning to care for against “terrorism”, the government carried their children. It remained almost impossible out massive and systematic abuses against for these children to leave China to reunite Muslims living in Xinjiang. Far from a with their parents abroad. Some parents legitimate response to the purported terrorist reported that their children had been taken to threat, the campaign evinced a clear intent to “orphan camps”, where they were barred target parts of Xinjiang’s population from speaking in their mother tongues or collectively on the basis of religion and communicating with their families. ethnicity and to use severe violence, In February, former women detainees spoke intimidation and arbitrary mass detention to out about being subjected to or witnessing root out Islamic religious beliefs and Turkic sexual violence, including rape, in “re- Muslim ethno-cultural practices. Hundreds of education centres” in Xinjiang. The Chinese Amnesty International Report 2021/22 126

authorities did not share details of any secession” after expressing political views on investigation into the allegations. Instead, a his social media account. Held foreign ministry spokesperson accused the incommunicado since 1 August 2019, his women of lying, of having an “inferior family members only learned of his trial, character” and a “chaotic private life”, of alleged crime and whereabouts through a being “lazy”, of committing adultery and of response from the Chinese authorities to UN having sexually transmitted diseases. The human rights experts in August 2021. government also shared the women’s private FREEDOM OF EXPRESSION medical data at a press conference. Uyghur tech entrepreneur Ekpar Asat was Tight controls and restrictions on online convicted without any known trial on charges freedom of expression continued. On 8 of “inciting ethnic hatred and ethnic February, the Chinese authorities blocked discrimination” and sentenced to 15 years in Clubhouse, an audio app used by thousands prison. According to information shared with of people across China and elsewhere to his family, he had been held in solitary discuss topics including Xinjiang and Hong confinement since January 2019 in Kong. The Personal Information Protection conditions which caused his health to Law took effect on 1 November, further 7 deteriorate. regulating cyberspace and enforcing Weilina Muhatai, an ethnic Kazakh woman localization of data. Microsoft-owned social living in Xinjiang, and her two sons, Muheyati network site LinkedIn closed its localized Haliyoula and Parisati Haliyoula, remained Chinese version due to the “significantly missing since August 2020. They may have more challenging operating environment and been detained for their activism on behalf of greater compliance requirements in China”. their imprisoned husband and father, Human rights defenders, activists and Haliyoula Tuerxun. Following their citizen journalists risked their lives reporting disappearance, other relatives were informed on the Covid-19 outbreak and were a vital that Haliyoula Tuerxun died in detention in source of uncensored first-hand information. December 2020. The government subjected them to Following a stay in hospital, Uyghur woman harassment and reprisals, including Mahira Yakub was returned to Yining detention. Former lawyer Zhang Zhan, who Detention Centre in Xinjiang in late November was sentenced to four years’ imprisonment in 2020, where she remained without access to December 2020 for reporting on the her family or a lawyer of her choosing. She Covid-19 outbreak in the city of Wuhan went missing in April 2019 and was indicted earlier that year, began a partial hunger strike in January 2020 for “giving material support to protest against her incarceration. Her to terrorist activity” after transferring money health deteriorated and her life was at risk. 8 to her parents in Australia to buy a house. Citizen journalist Chen Qiushi was released The Chinese authorities continued to more than 600 days after being detained in pressure other governments to return February 2020. The whereabouts of citizen Uyghurs living abroad back to China. Idris journalist Fang Bin, who went missing in Hasan was arrested at Casablanca airport on February 2020 after reporting on the 19 July after flying to Morocco from Turkey. Covid-19 outbreak, remained unclear. Detained for more than five months, Idris DEATH PENALTY Hasan remained at risk of extradition to China where he could face lengthy arbitrary China remained the world’s leading detention and torture and other ill-treatment. executioner, although figures on executions TIBET and death sentences remained a state secret, Tibetan monk Rinchen Tsultrim was preventing independent scrutiny. sentenced to four years and six months’ On 10 August, Robert Schellenberg, a imprisonment in a secret trial for “inciting Canadian national convicted of drug Amnesty International Report 2021/22 127

trafficking, had his prison sentence increased In October the Legislative Council passed a to a death sentence during a one-day retrial. law allowing the government to censor films The trial coincided with a diplomatic dispute deemed to “endanger national security”. between Canada and China. NATIONAL SECURITY LAW As in previous years, Amnesty The National Security Law (NSL) introduced International’s monitoring suggested that the in 2020 enabled human rights violations that death penalty was mostly used to punish were unprecedented since the establishment murder and drug-related offences, out of the of the Hong Kong Special Administrative 46 offences for which it remained applicable. Region in 1997. There was a rapid Among these were many non-violent acts that deterioration of freedom of expression, do not meet the threshold of the “most peaceful assembly and association, and other serious crimes” under international law and human rights in Hong Kong after the standards. Two Uyghur ex-government enactment of the law.9 At least 61 civil society officials were sentenced to death in Xinjiang, organizations disbanded in response to the where the death penalty was known to have threat generated by the law, including Hong been used secretively after grossly unfair Kong’s largest professional union and proceedings in previous years. organizers of major peaceful protests. The political opposition in Hong Kong was LGBTI PEOPLE’S RIGHTS effectively obliterated following the arrest of The National Radio and Television 55 people, mainly pro-democracy lawmakers Administration, China’s main television and activists, under the NSL on 6 January. regulator, ordered broadcasters to ban all so- There was clear evidence that the human called “sissy” (effeminate) men from rights safeguards set out in the NSL were television, a continuation of a nationwide effectively useless. Peaceful political campaign to “clean” the internet of LGBTI expression was disproportionately restricted representation. The new rules included and even criminalized under the NSL. The shutting down content considered “harmful” prosecution used incidents preceding to young people and encouraging “extreme” enactment of the law as evidence when fan culture. In July, dozens of LGBTI pressing NSL charges, contradicting the legal organizations’ social media accounts were principle of non-retroactivity. Article 42 of the shut down by the authorities. In an NSL stipulates that individuals suspected of announcement issued by the National Radio violating the NSL are to be denied bail and Television Administration in September, “unless the judge has sufficient grounds for non-traditional gender roles and LGBTI believing that they will not continue to people were described as “abnormal” and commit acts endangering national security”. “vulgar”. This effective reversal of the presumption of HONG KONG SPECIAL ADMINISTRATIVE bail violates core principles of the rights to a REGION fair trial and to liberty and security of person. Between 1 July 2020 and the end of 2021, Throughout the year the authorities rapidly police arrested or ordered the arrest of at expanded the national security legal regime least 161 people in relation to the NSL. At in Hong Kong, further extending the least 82 people were formally charged, of application of the overly broad definition of whom 60 were in pretrial detention at the end “endangering national security” to of the year. disproportionately restrict human rights. In FREEDOM OF ASSEMBLY AND ASSOCIATION March, mainland China’s legislature passed a The authorities used other repressive laws, decision to reduce directly elected seats in such as the Public Order Ordinance, to the Legislative Council elections in Hong prosecute and imprison activists for taking Kong and allow national security police to vet part in peaceful assemblies and exercising all candidates before they run for elections. their right to freedom of expression. Police Amnesty International Report 2021/22 128

continued to use Covid-19 as a pretext to October, Hong Kong’s Chief Executive arbitrarily ban peaceful assemblies. ordered the Alliance to be struck off the During the year, 24 activists were sentenced Company Registry on the grounds that the to between four and 16 months in prison for group’s goal to end one-party leadership in “unauthorized assembly” for their China threatened national security. participation in Hong Kong’s annual vigil to On 25 October, Amnesty International commemorate the Tiananmen Square announced the closure of its two offices in crackdown of 4 June 1989. Human rights Hong Kong because of risks and restrictions lawyer and activist Chow Hang-tung was posed by the NSL.10 charged with “inciting others to knowingly FREEDOM OF EXPRESSION participate in a banned rally” after publishing The Hong Kong government further tightened a social media post asking people to controls over freedom of expression in the commemorate the date in a private manner. media, online and in schools and universities. Despite allowing other large-scale open-air From January onwards, the authorities events to take place, police banned the June ordered internet service providers to sever 4th candlelight vigil for the second year access to websites that allegedly “endanger running. national security”. In July, police arrested five The national security police used extensive speech therapists for conspiracy to distribute powers granted by the NSL to investigate seditious materials after they published activists and civil society organizations. From children’s books depicting the government’s August onwards, they sent letters to civil crackdown since 2019. The government later society organizations demanding information, revoked the registration of the speech including the personal details of their therapists’ union. In August, four university members, staff and partner organizations, as students were charged with “advocating well as their finances and activities. Members terrorism” after passing a motion at a student of the Hong Kong Alliance in Support of union council meeting to mourn a man who Patriotic Democratic Movements of China stabbed a police officer before killing himself. (the Alliance) and the Civil Human Rights The authorities continued to arrest, charge Front (CHRF) were charged under the NSL and imprison individuals solely for their after they refused to comply with these legitimate peaceful expression and requests. association. On 6 January, police arrested 55 The authorities targeted those civil society members of the political opposition under the groups which had broad support and the NSL in relation to their organization and capacity to mobilize people. The city’s largest participation in self-organized “primaries” in teachers’ union, the Hong Kong Professional 2020 for the subsequently postponed Teachers’ Union, and the largest pro- Legislative Council election. Forty-seven of democracy labour rights group, the Hong them were later charged with “conspiracy to Kong Confederation of Trade Unions, ceased subversion”. Under the NSL, the High Court operation in August and September and District Court imposed heavy sentences respectively in the face of “enormous on individuals peacefully exercising their right pressure” from the authorities. The police to freedom of expression. Activist Ma Chun- accused the Alliance and the CHRF of “being man was convicted of “inciting subversion” a foreign agent” and “colluding with foreign and sentenced to five years and nine months’ forces”. The police used the annual June 4th imprisonment for chanting slogans, posting candlelight vigil as evidence of the Alliance on social media and giving interviews. “endangering national security”. On 6 Student activist Tony Chung was sentenced September, the Alliance and four of its to three years and seven months’ recently resigned committee members were imprisonment for trumped-up charges of charged with inciting subversion. The police sedition and money laundering. also froze the assets of the Alliance. In Amnesty International Report 2021/22 129

MEDIA RESTRICTIONS Despite setting up an inter-departmental Apple Daily, the only pro-democracy daily working group on gender recognition in 2014 newspaper in Hong Kong, was forced to and carrying out a consultation in 2017, the cease operation on 24 June after police Hong Kong government made no progress arrested the paper’s founder Jimmy Lai, five towards drafting a gender-recognition law. senior executives and two editorial staff under The Taiwan Gay Sports and Movement the NSL. Police accused the newspaper of Association decided to not send any teams to “colluding with foreign forces” by publishing join the Gay Games to be held in Hong Kong articles relating to sanctions imposed on in 2023 because of the risks posed by the Chinese and Hong Kong government officials NSL. by foreign governments. The authorities subsequently froze HK$18 million (US$2.32 1. China: Further Information: Transferred 1,000km from family, million) of assets owned by companies linked medical care needed: Yu Wensheng (Index: ASA 17/3729/2021), 22 to Apple Daily. On 29 December, senior February executives and board members of Stand 2. China: Further Information: Prominent Legal Scholar Indicted for News were arrested for “seditious Subversion – Xu Zhiyong (Index: ASA 17/4912/2021), 24 October publications”, an archaic colonial-era 3. China: Activist detained for reporting torture: Li Qiaochu (Index: ASA provision last amended in the 1970s. 17/3784/2021), 4 March National security police officers raided the 4. China: Activist on Hunger Strike After Travel Ban – Yang Maodong online news outlet and authorities confirmed (Index: ASA 17/3599/2021), 1 February that they froze more than HK$61 million 5. China: Further Information: Lawyer Faces Charges for Reporting (approximately US$7.8 million) in assets. Torture – Chang Weiping (Index: ASA 17/4023/2021), 28 April Stand News ceased operation on the same 6. China: "Like We Were Enemies in a War”: China’s Mass Internment, day. Torture and Persecution of Muslims in Xinjiang (Index: ASA 17/4137/2021), 10 June The government heavily restructured public 7. China: Further Information: Uyghur Held in Solitary Confinement for broadcaster Radio Television Hong Kong Two Years – Ekpar Asat (Index: ASA 17/4022/2021), 26 April (RTHK), removing all the videos in its online 8. China: Further Information: Uyghur Again Detained Incommunicado – archive, dismissing hosts who were critical of Mahira Yakub (Index: ASA 17/3491/2021), 7 January the government, and cancelling shows that 9. Hong Kong: In the Name of National Security (Index: ASA did not follow official lines. 17/4197/2021), 29 June LGBTI PEOPLE’S RIGHTS 10. “Amnesty International to close its Hong Kong offices”, 25 October The government failed to grant same-sex couples in Hong Kong equal rights and continued to recognize same-sex partnership COLOMBIA rights in a piecemeal manner. In March, a gay widower filed a judicial review against the Republic of Colombia government after he was not recognized as Head of state and government: Iván Duque Márquez the next-of-kin of his late husband, preventing him from identifying his spouse’s Crimes under international law and human body or making funeral arrangements. He rights violations in the context of the later withdrew the legal challenge as the ongoing armed conflict increased in the government clarified that there was no departments of Chocó, Cauca, Valle del distinction between same-sex couples and Cauca, Nariño and Norte de Santander. heterosexual couples in policies related to Eight children were killed by the security such matters. In June the High Court ruled forces targeting the armed groups the that the subsidized housing policy constitutes Revolutionary Armed Forces of Colombia discrimination on grounds of sexual (FARC-EP) and the National Liberation orientation, and that same-sex couples Army (ELN) in Chocó, Guaviare, and should be allowed to own subsidized Caquetá departments. Killings of former housing. FARC-EP combatants increased. At least Amnesty International Report 2021/22 130

100,000 people were forcibly displaced or Compliance with the 2016 Peace confined as a result of the ongoing conflict, Agreement between the FARC-EP and the particularly affecting the rights of Colombian state remained slow, according to Indigenous peoples and Afro-descendants. the Kroc Institute, which monitors In the context of the National Strike, there compliance with the Agreement. There were were numerous reports of excessive use of concerns about the significantly slower force by the security forces against peaceful progress on comprehensive rural reform protesters, particularly in Cali. Police (point 1), the ending of the armed conflict arbitrarily detained and tortured protesters (point 3) and solving the problem of illicit and there were reports of sexual and drugs (point 4). gender-based violence against women and In the first half of 2021, two meetings of the LGBTI people. At least 100 people National Commission for Security Guarantees sustained eye trauma due to the unlawful were held. The mandate of this Commission, and excessive use of less lethal weapons by established by the Peace Agreement and members of the Mobile Anti-Riot Squad involving the participation of civil society, is to (ESMAD). Killings and threats against create a public policy for dismantling armed human rights defenders reached alarming groups. No further meetings were held levels. despite civil society members’ request for BACKGROUND progress. Forty-one cases of homicide or enforced More than 28 million people were fully disappearance of former combatants were vaccinated against Covid-19 between reported between January and November, February and 31 December, according to the according to the civil society organization Ministry of Health. As of 31 December, there Indepaz. had been 129,942 Covid-19 deaths during Progress on the voluntary substitution of the year. crops for illicit use was hampered by the Thousands of people peacefully protested complex security situation and the as part of the National Strike, which began on resumption of aerial spraying with glyphosate. 28 April. The protests were initially triggered In August, 16 special peace districts for by proposed tax reforms, which the victims were created in compliance with the government sought to impose during a social Peace Agreement. crisis exacerbated by the Covid-19 FREEDOM OF EXPRESSION AND pandemic. The tax proposal was withdrawn ASSEMBLY following pressure from the mass mobilizations. However, the social upheaval According to the Foundation for Press continued and encompassed broader social Freedom (FLIP), illegal profiling was carried demands, calls for justice for human rights out against people who reported police violations, and protests about the slow violence on social media during the National implementation of the 2016 Peace Strike. Military intelligence capabilities were Agreement and the continuing violence in aimed at profiling at least 57 journalists by various regions of the country. collecting data such as geographic location The UN Security Council extended the and social media activity. mandate of the UN Verification Mission in The Ministry of Defence promoted a Colombia to 2022. campaign, “The truth in a sea of lies”, RIGHT TO TRUTH, JUSTICE AND disseminating publications claiming that REPARATION reports of police violence were “false news” and “digital terrorism”. In October, the Constitutional Court extended The FLIP reported 402 attacks on press the Truth and Reconciliation Commission’s workers documenting social demonstrations mandate to 27 June 2022. between April and November; 170 people Amnesty International Report 2021/22 131

received threats and 20 were arbitrarily protesters in Cali, constituting manifestations detained in the context of protests. of urban paramilitarism. José Alberto Tejada, a journalist Following multiple complaints about the documenting the National Strike in Cali, was militarized response and police repression of the victim of more than 14 security demonstrations, the IACHR undertook a incidents.1 On 31 August, he was granted working visit to Colombia between 8 and 10 provisional measures by the Inter-American June. In its observations and Commission on Human Rights (IACHR). recommendations it called for, among other Journalist Claudia Julieta Duque reported things, the immediate cessation of the that the National Protection Unit of the disproportionate use of force by the security Ministry of the Interior had collected sensitive forces and the removal of the National Police, data on her movements between February including the ESMAD, from the Ministry of and August without her authorization. Defence in order to ensure that their actions EXCESSIVE AND UNNECESSARY USE OF were consistent above all with a civilian rather FORCE than a military approach. Police violence against protesters continued Decree 575, which provided for the during August, September and October, deployment of the military in public order leading 25 civil society organizations to operations in eight departments, was issued request that the IACHR activate the Special on 28 May and temporarily suspended by the Monitoring Mechanism for Human Rights in Council of State in July. Colombia provided for in its report on its Between 28 April and 30 June, 84 people working visit. died in the context of protests; 1,790 people As of 27 May, the National Working Group were injured, and 298 human rights on Enforced Disappearances had reported defenders were attacked. Of those injured, 775 enforced disappearances in the context 103 sustained eye trauma.2 of the National Strike; the fate of 327 people In June, Michelle Bachelet, UN High remained unknown. Commissioner for Human Rights, expressed On 5 June, 17-year-old Duván Felipe Barros her deep concern over reports of serious Gómez disappeared in the context of human rights violations by state security demonstrations in the capital, Bogotá. After a forces in Colombia. In December her office month-long search by his family, his body published a report stating that they had was found in the morgue of the forensic verified 46 deaths (44 civilians and two police facility. officers) in the context of the protests, mainly ARBITRARY DETENTION AND TORTURE in the city of Cali, as well as 60 reports of sexual violence. Of these, the OHCHR According to the NGO Campaign Defending verified 16 cases of sexual violence allegedly Freedom, 3,275 people were arbitrarily committed by members of the National detained in the context of demonstrations Police. between 28 April and 30 June. Cali was the epicentre of the police On 28 May, Álvaro Herrera, Noé Muñoz, 3 repression of social protest. “Operation and Sebastián Mejía were beaten and Siloé”, a joint incursion by members of the detained by armed civilians and National Police, the ESMAD and the Special subsequently detained for 24 hours by the Operations Group (GOES) in which lethal National Police in Cali. Álvaro Herrera and weapons were used against peaceful Sebastián Mejía reported that they were protesters, began on 3 May. Kevin Agudelo subjected to torture and other cruel and was shot during a vigil for victims of police inhuman treatment during their detention. violence and died. On 9 and 28 May, the National Police and armed civilians attacked Amnesty International Report 2021/22 132

INDIGENOUS PEOPLES’ RIGHTS SEXUAL AND REPRODUCTIVE RIGHTS On 9 May, in the context of the National In November, the Constitutional Court failed Strike, the Minga Indígena was attacked by to issue a ruling on a lawsuit filed in 2020 by armed civilians, with the acquiescence of the the civil society network Causa Justa to 4 National Police. Ten Indigenous people were decriminalize abortion. A ruling was expected seriously injured, including the Indigenous in January 2022. human rights defender, Daniela Soto. In June, Hermilda Benítez Domico, from the LGBTI PEOPLE’S RIGHTS Río Murindó Indigenous Reserve, and Oracio According to the NGO Caribe Afirmativo, five Carupia, an Embera Eyábida Indigenous LGBTI people were victims of police violence person, died as a result of landmine in the context of protests between 28 April explosions in Dabeiba municipality, Antioquia and 10 June. department. On 21 May, a young gay man participating On 28 September, the Ombudsperson’s in a protest was arbitrarily detained and Office issued Early Warning 022 in response sexually assaulted at a police station in to the risk of forced recruitment of Soledad, Atlántico department. A guard Indigenous children and adolescents in the reportedly incited inmates to sexually abuse town of La Pedrera, Amazonas department, him when they learned of his sexual by FARC-EP dissidents. orientation. GENDER-BASED VIOLENCE HUMAN RIGHTS DEFENDERS The Black Communities Process reported According to the Centre for Research and that between 28 April and July there were at Popular Education, eight Indigenous human least 15 cases of gender-based violence rights defenders were killed in the against Black women in the context of departments of Cauca, Nariño, Putumayo protests in Cali. In addition, the NGO and La Guajira during the first half of the Temblores reported that 491 women year: Carmen Ofelia Cumbalaza, a pre- experienced police violence in the context of candidate for the Municipal Council of the demonstrations and 35 were victims of sexual Movement of Indigenous Authorities of violence by state officials. Colombia; María Bernarda Juajibioy; Gilberto In July, the Cinco Claves civil society Findicué; Aura Esther García; Fernando network presented a report to the Special Esneider Lozada; Geovanny Cabezas, youth Jurisdiction for Peace (JEP), requesting that leader and Indigenous guard of the Kwe’sx a national case be opened into sexual Kiwe Nasa Reserve; and Oneida Argenis violence, reproductive violence and violence Yatacué and her husband Marcelino Yatacué. motivated by the sexual orientation and/or Between January and 31 October, the gender identity of the victims in the context of OHCHR received 180 allegations of the armed conflict. In addition, the National homicides of human rights defenders, of Association of Displaced Afro-Colombians which it verified 67. The highest number of presented a report that documented 109 reported killings of human rights defenders cases of sexual violence committed in the were in the departments of Valle del Cauca context of the armed conflict against Afro- (31), Cauca (10) and Antioquia (six). Colombian women and girls. According to the NGO Programa Somos On 18 October, the Inter-American Court of Defensores, between January and September Human Rights issued a historical ruling in the there were 501 threats, 86 killings and 72 case of journalist Jineth Bedoya against attempted killings targeting human rights Colombia, declaring the state responsible for defenders, 41.6% of which occurred in the her physical, sexual and psychological torture context of the National Strike. in 2000. The environmentalist Jani Silva was forced to move from her residence in Puerto Asís, Amnesty International Report 2021/22 133

Putumayo department on 23 July when a municipality, Norte de Santander 5 plan to assassinate her came to light. department, by armed actors who exercise On 14 December, Temblores denounced territorial control in the area. alleged monitoring and interception orders As of 31 October, the OHCHR confirmed against its members by the Attorney that there had been 43 massacres (the killing General’s Office. The human rights of three or more people at the same time and organization documented police violence and place and by the same alleged perpetrator) represented victims of human rights and a further 36 were being verified. violations in the context of protests. IMPUNITY FORCED DISPLACEMENT AND On 28 January, the JEP charged eight CONFINEMENT members of the former FARC-EP Secretariat According to the UN Office for Humanitarian with crimes against humanity and war Affairs, 60,751 people were forcibly crimes. displaced, mainly in Chocó, Cauca, Nariño In July, in two separate decisions, the JEP and Norte de Santander departments, and charged 25 former army officials in 50,969 people were forcibly confined, connection with 127 extrajudicial executions meaning they were forced to stay in territories in the Catatumbo region on the northern with limited access to food, drinking water Caribbean coast between 2002 and 2003, and basic services because of the armed and 120 similar executions between 2007 conflict. The overwhelming majority of those and 2008. The killings had been falsely affected (95%) were Indigenous people or presented as rebels killed in combat (known members of Afro-descendant communities. as “false positives”). In July, 4,099 people were forcibly Also in July, the Constitutional Court displaced in the town of Ituango, Antioquia decided to transfer the case of Dilan Cruz, an department, due to the territorial dispute 18-year-old protester who died at the hands between FARC-EP dissidents and the of police in 2019, from the military courts to Gaitanista Self-Defence Forces of Colombia, a the civilian justice system. paramilitary group. On 28 October, the ICC prosecutor closed VIOLATIONS OF INTERNATIONAL the preliminary examination into Colombia for HUMANITARIAN LAW war crimes and crimes against humanity and signed a cooperation agreement with the Crimes under international law and human government. rights violations and abuses in the context of the internal armed conflict continued to claim REFUGEES’ AND MIGRANTS’ RIGHTS victims, particularly in rural areas. According On 8 February, the government announced to the NGO Dejusticia, on 2 March, three the creation of the Temporary Protection minors were killed when the armed forces Statute for Venezuelan migrants and refugees bombed a FARC-EP dissident camp in to allow their status to be regularized for a Guaviare department. On 5 July, 17-year-old period of 10 years. Yeison Stiven Yule Pequi, from the Altamira According to the Regional Inter-Agency Indigenous Reserve, died following a Coordination Platform for Refugees and bombing raid by the National Army on a Migrants from Venezuela, as of August, FARC-EP dissident camp in Caquetá 1,842,390 migrants and refugees from department. On 16 September, four minors Venezuela remained in Colombia, of whom were killed in a bombing raid by the army on 1,182,059 had begun their migration an ELN camp in Chocó department. regularization process. On 9 October, two Venezuelan minors were On 30 March, the Ombudsperson’s Office killed, one of them belonging to the bi- reported a humanitarian crisis in the national Wayuu Indigenous people, in Tibú department of Arauca due to the arrival of Amnesty International Report 2021/22 134

more than 4,000 people from Venezuela in electoral process was contested by the need of international protection following opposition and civil society organizations. military operations between the Venezuelan The economic and social situation army and armed groups along the border. continued to deteriorate, due to the decline in In October, between 15,000 and 20,000 oil revenue, public debt amounting to US$10 migrants and asylum seekers from countries billion, and the Covid-19 pandemic. There including Haiti, Senegal and Ghana remained were ongoing court cases about charges of stranded in the municipality of Necoclí, corruption involving people close to the Antioquia department, a key transit point for president. people seeking to cross to Panama. Three In November, the state of emergency was people were found dead on 12 October after extended for the 27th time since March a boat sank en route from Necoclí to San 2020, imposing restrictive measures to fight Blas in Panama. the Covid-19 pandemic. ARBITRARY DETENTION 1. Colombia: Protect Journalist at Risk (Index: AMR 23/4654/2021), 27 Civil society activists who were critical of the August 2. Colombia: Amnesty International, PAIIS and Temblores, Shoots on electoral process or who denounced human Sight: Eye Trauma in the Context of the National Strike (Index: AMR rights violations faced judicial harassment. 23/5005/2021), 26 November Alexandre Ibacka Dzabana, coordinator of 3. Colombia: Cali: In the Epicenter of Repression: Human Rights the Congolese Platform of Human Rights and Violations During the 2021 National Strike in Cali (Index: AMR Democracy NGOs, and Chryst Dongui, vice- 23/4405/2021), 30 July president of the association Ras le Bol, were 4. “Colombia: Urgent call for a cease to violence against Indigenous both arrested outside their houses by Peoples in the context of the National Strike”, 9 May unidentified men, on 11 March and 25 5. “Colombia: Amnesty International publishes a ‘Letter from the world’ March respectively. The day before his arrest, demanding protection for defender Jani Silva”, 22 April Chryst Dongui had attended a press conference to denounce alleged irregularities CONGO (THE) in the electoral process. Alexandre Ibacka Dzabana had helped to organize a demonstration scheduled for 6 March to call The Republic of the Congo for an inclusive national dialogue between the Head of state: Denis Sassou Nguesso government, opposition parties and civil Head of government: Anatole Collinet Makosso society organizations, and the release of (replaced Clément Mouamba in May) political prisoners. The demonstration was Repression of critical voices continued, with banned by the authorities. The men, both violations of the right to freedom of human rights activists, were not brought expression, and arbitrary detention of before a prosecutor until 9 April, in human rights defenders and civil society contravention of Congolese law, and charged activists. Women remained under- with breach of the state security. They were represented in decision-making bodies. then sent to Brazzaville central prison where Insufficient efforts were made to guarantee they were held until their release on 13 July, the accessibility, availability and quality of pending trial. During his detention the health healthcare and facilities. Environmental of Alexandre Ibacka Dzabana, aged 77, damage was caused by mining activities. seriously deteriorated but he was denied BACKGROUND access to a doctor. Jean-Marie Michel Mokoko, former President Sassou Nguesso was re-elected in candidate for the 2016 presidential election, March with 88.5% of the vote for a fourth returned to prison in October after having successive term, and after 36 years in power spent a year in the military hospital of over two separate periods. The integrity of the Brazzaville. He was sentenced in 2018 to 20 Amnesty International Report 2021/22 135

years in prison for “breach of State security" in all political, elective and administrative and “illegal possession of weapons and functions. ammunition of war”. The UN Working Group RIGHT TO HEALTH on Arbitrary Detention considered his detention as arbitrary. The authorities made insufficient efforts to FREEDOM OF EXPRESSION AND guarantee the accessibility, availability, and MOVEMENT quality of healthcare and facilities. The health budget was reduced to €290 Raymond Malonga, director of the satirical million from the 2020 figure of €325 million. newspaper Sel-Piment, was arrested on 2 Hospitals, including the Brazzaville University February while in hospital, on defamation and Hospital Centre, faced many difficulties, charges for publishing an article which including shortages of water and electricity reported that someone close to President and the lack of proper facilities and 1 Sassou Nguesso had been accused of equipment to administrate the needed care. corruption. On 3 May, after three months in In August, the government made changes to detention, he was sentenced to six months in the management of the Brazzaville University prison and a fine of €45,000 for “defaming a and Hospital Centre, noting major member of the presidential family”. He was malfunctions. Several health facilities outside released in August. the capital city, Brazzaville, also experienced On 11 December, Paulin Makaya, a political frequent drug shortages. opponent who needed to receive medical Health personnel continued to complain of treatment abroad, was prevented from a lack of PPE against Covid-19, as they had leaving the country and his passport was since the beginning of the pandemic. As of confiscated. The authorities did not explain 31 December, 767,398 doses of vaccines their decision. He was finally allowed to leave against Covid-19 had been administered, but the country on 21 December. only 560,880 people had completed the vaccination schedule (in an estimated WOMEN’S RIGHTS population of 5.5 million). Women remained under-represented in On 18 June, health workers from Edith decision-making bodies, in violation of Article Lucie Bongo Ondimba General Hospital in 17 of the 2015 Constitution, which the town of Oyo went on strike, demanding “guarantees parity and ensures the the payment of at least seven months of promotion as well as the representativeness salary arrears. This was in addition to the of women in all political, elective and many strikes held by health workers to administrative functions”. denounce salary arrears and malfunctions in On the occasion of International Women’s health facilities in recent years, a situation Day, 8 March, the Ministry of Health, which has led many health workers to leave Population, Promotion of Women, and the public sector to work in the private sector Integration of Women in Development or to work abroad. According to the National regretted that women represented only 33% Health Development Plan 2018-2022, more of the members of the Constitutional Court, than 150 Congolese doctors were said to be 20% of elected officials in the senate and practising outside the country. 11% in the national assembly. In August, the ENVIRONMENTAL DEGRADATION Consultative Council for Women called on the authorities to adopt the Parity Law, planned Local populations in the department of since 2016, as recommended by the CEDAW Sangha denounced the pollution of rivers and Committee in November 2018. The law is deforestation caused by more than 10 years meant to guarantee parity and ensure the of gold mining. According to the Rainforest promotion and representativeness of women Journalism Fund, the companies responsible failed to respect environmental laws, and the Amnesty International Report 2021/22 136

authorities failed to take action to bring them after the ICC acquitted him on charges of to account. crimes against humanity (see below, Right to truth, justice and reparation), the police used 1. Congo: On the Back of the Crisis. Violations of the Right to Health tear gas to disperse groups of his supporters and Repression of Economic and Social Rights Defenders in the throughout the day. Republic of Congo (Index: AFR 22/3887/2021), 19 April The police prevented a peaceful protest from going ahead on 21 July, basing its decision, in part, on health and safety issues related to the Covid-19 pandemic. The CÔTE D’IVOIRE protest was organized by Initiative Citoyenne contre la Cherté de la Vie, a movement which Republic of Côte d’Ivoire Head of state: Alassane Dramane Ouattara had denounced the high cost of living. Head of government: Patrick Achi (replaced Hamed ARBITRARY ARRESTS AND DETENTIONS Bakayoko in March) In January, five women opposition members, The authorities prevented peaceful who were arbitrarily arrested during a gatherings from going ahead. Hundreds of peaceful demonstration in August 2020 protesters who were arrested in the context against president Ouattara’s candidacy, were of the 2020 presidential elections were released unconditionally after more than four released, and investigations took place into months in detention. violence during that period. The right to In April, Pulchérie Edith Gbalet, president of food was compromised as the price of basic the social justice organization Alternative necessities increased by 8.8%. The houses Citoyenne Ivoirienne and her three of thousands of people were demolished colleagues, Gédéon Junior Gbaou, Aimé without alternative housing being provided. César Kouakou N’Goran and Cyrille Djehi Bi, The government took measures to boost were released from MACA central prison in Covid-19 vaccination numbers. The Abidjan. The case against Pulchérie Edith National Assembly approved a law to Gbalet was pending at the end of the year. remove the requirement for survivors of She was arbitrarily arrested on 15 August gender-based violence to pay for a medical 2020 by masked men after she had called for certificate to file a complaint. peaceful demonstrations, and was charged BACKGROUND with “compromising public order, participation in an insurrectionary movement, Between 21 January and 28 February, the undermining the state’s authority, wilful government imposed a state of emergency to destruction of public property and provoking combat the Covid-19 pandemic. It was a gathering”. About 100 others, also arrested renewed in March until June, then extended during 2020 protests, were freed in April in July until 30 September. under interim release orders or under judicial Parliamentary elections were held on 6 supervision. The detainees had been held in March, more than four months after the appalling conditions with limited access to 1 presidential elections in which Alassane lawyers. Ouattara was re-elected president for a third On 17 June, tens of Laurent Gbagbo term. In June, former prime minister supporters were arbitrarily arrested for Guillaume Soro was sentenced in his compromising public order when they absence to life imprisonment for undermining gathered to welcome the former president national security. back to the country. They were all FREEDOM OF ASSEMBLY subsequently released. In August, on the eve of Independence Day, On 17 June, the day former president President Ouattara announced the Laurent Gbagbo returned to Côte d’Ivoire conditional or provisional release of 69 more Amnesty International Report 2021/22 137

people and pardoned nine others who had vaccination campaign in Abidjan for 10 days opposed his candidacy. in light of the Omicron variant. RIGHT TO TRUTH, JUSTICE AND RIGHT TO FOOD REPARATION In July, Ivorians used social media to In January, the authorities began field denounce the high cost of living and a surge investigations into the electoral violence in the price of basic necessities, including committed between August and November food, which caused hardship for large 2020. In December, the public prosecutor sections of the population. The National presented the final report of the Special Institute for Statistics reported that the price Investigations Unit which said that 273 of food and non-alcoholic drinks increased by people were suspected of committing crimes; 8.8% between August 2020 and August 233 of them had already been apprehended, 2021. The prime minister met various people most of whom were provisionally released or involved in the consumer goods supply chain subjected to judicial supervision, while 11 to find a solution to rising prices, and remained in pretrial detention. announced that the activities of the National In March, the ICC acquitted Laurent Committee Against the High Cost of Living Gbagbo and the former minister of youth would be strengthened in order to control Charles Blé Goudé of all charges of crimes market prices. against humanity. They had been tried in RIGHT TO HOUSING connection with alleged crimes committed during the 2010-2011 post-election violence. In October, the homes of thousands of people In July, the ICC lifted an arrest warrant were demolished in Banco Nord Extension 2 against the former first lady, Simone Gbagbo, on orders from the municipal authorities in issued in connection with charges of crimes Yopougon, a suburb of Abidjan, without their against humanity allegedly carried out during being provided with alternative housing. The the same period. demolitions occurred days after the On 15 April, an Abidjan court found former community began legal procedures to stop militia leader Amadé Ouérémi guilty of crimes their eviction. The government had relocated against humanity for acts committed during them to the area over 30 years earlier. the 2011 post-electoral violence. SEXUAL AND GENDER-BASED VIOLENCE RIGHT TO HEALTH In October, the General and Institutional The government began its Covid-19 Affairs Committee of the National Assembly vaccination programme in March. It unanimously adopted a law specifying that responded to the low vaccination take-up survivors of sexual and gender-based with an awareness-raising campaign, and in violence do not need to provide a medical July set up 12 mobile clinics in Abidjan to certificate as proof of abuse when making a boost access to vaccines. On 8 September, complaint. Under the law, if the police or the government announced that it would prosecutor require such proof, the victim will permit the use of a mixture of Covid-19 not bear the prohibitive cost of certificates vaccinations in order to increase vaccination which had previously prevented survivors rates after it ran out of AstraZeneca supplies. from seeking justice. In the same month, it also announced a campaign to boost vaccinations in the Grand 1. “Côte d’Ivoire: Hundreds arrested languishing in detention following Abidjan region for those most at risk, presidential election unrest”, 26 March including people over 60, people with underlying health problems, health workers, defence and security forces, and teachers. In December, the government renewed a Amnesty International Report 2021/22 138

Madina Hussiny, a six-year-old Afghan girl, CROATIA was killed by a train. In December, the High Misdemeanour Court in Zagreb confirmed a Republic of Croatia lower court decision finding an Are You Head of state: Zoran Milanović Syrious volunteer – who had helped the Head of government: Andrej Plenković Afghan family to seek asylum – guilty of “assisting migrants in illegal crossing of the Asylum seekers were denied access to border” and ordered him to pay a fine of asylum; the police pushed back and abused 60,000 HRK (around €8,000) plus court people entering irregularly. The legal fees. framework on gender-based violence was Courts in Italy and Austria also found that further improved, but cases continued to the chain expulsions of asylum seekers from rise. Access to abortion remained severely those countries to Slovenia and further on to constrained. Same-sex couples were Croatia based on bilateral agreements were in granted the right to adopt children. breach of international law and subjected the Defamation lawsuits threatened the work of victims to degrading treatment at the hands journalists and the media. of the Croatian police. In June, the authorities established a REFUGEES’ AND MIGRANTS’ RIGHTS monitoring mechanism to investigate reports Croatia continued to deny access to asylum of human rights violations on Croatia’s to thousands of potential asylum seekers. Aid borders. However, human rights organizations documented around 10,000 organizations warned that the body lacked cases of pushbacks and collective independence and a robust mandate to expulsions, and numerous instances of effectively address the violations.1 violence and abuse. In February, the Danish In October, a group of European media Refugee Council reported that two women outlets published an investigative report were sexually abused, forced to strip naked, showing footage of Croatian special police held at gunpoint and threatened with rape by beating unarmed asylum seekers before Croatian police officers. The Ministry of the pushing them back into Bosnia and 2 Interior denied the reports. Herzegovina. The report prompted an The Council of Europe Human Rights internal investigation that resulted in the Commissioner said that the consistent suspension of the police officers involved. allegations pointed to an established practice The authorities considered it an isolated of collective expulsions and ill-treatment of incident, but NGOs maintained that violent migrants and a lack of prompt investigations. pushbacks from the country’s borders are In July, the UN Special Rapporteur on the widespread and systemic. human rights of migrants also acknowledged In December, the Council of Europe’s reports of widespread pushbacks from Committee for the Prevention of Torture said Croatian territory along with reports of theft, that it found numerous credible reports of destruction of property, physical abuse and serious ill-treatment of migrants and asylum assault. seekers by Croatian police during their earlier 3 In April, the Constitutional Court found that visit to the border. Croatia violated an Afghan family’s right to Recognition rates of asylum seekers asylum by forcibly returning them to Serbia in remained low, with only 42 people granted 2018 without adequately assessing the risks international protection by the end of the of such a return. In November, the European year. Court of Human Rights ruled that Croatia VIOLENCE AGAINST WOMEN AND GIRLS violated the European Convention on Human Rights when the same family was pushed There were notable improvements in back to Serbia in 2017. On that occasion strengthening the fight against gender-based Amnesty International Report 2021/22 139

violence. The criminal code was amended to alleging that the clinic favoured fathers in allow ex officio prosecution of gender-based custody disputes even when the fathers have violence where the victim is unable or been found unfit. The authorities distanced unwilling to press charges, to criminalize themselves from the court decision. “revenge porn” and to broaden the definition The Croatian Journalists’ Association of “intimate partner” to include both former reported that there were over 900 active and current partners, in line with the criminal defamation lawsuits against standards in the Council of Europe journalists and media. The majority of the Convention on preventing and combating lawsuits were filed by politicians, public violence against women and domestic officials and even the public broadcaster violence (Istanbul Convention). itself. The Association warned that these The authorities, however, reported a lawsuits have an intimidating effect and pose continued increase in gender-based violence, a particular threat to smaller media outlets including rape and domestic violence. The and independent journalists. The European Ombudsperson for Gender Equality urged the Federation of Journalists urged the authorities to further strengthen prevention authorities to decriminalize defamation and and education programmes. ensure it is treated as a civil matter, and to SEXUAL AND REPRODUCTIVE RIGHTS put in place a framework to prevent defamation lawsuits that are simply intended Access to sexual and reproductive services to silence criticism. was restricted by the widespread refusal of individual doctors and some clinics to 1. Croatia/EU: Strengthen Border Monitoring System – Effective perform abortions on grounds of conscience, Mechanism Needed: Independent, Broad Mandate, Adequate the prohibitively high costs of services and Resources (Index: EUR 64/4546/2021), 3 August poor regional coverage of authorized 2. “EU: New evidence of systematic unlawful pushbacks and violence at providers. This had a disproportionate effect borders”, 6 October on those with limited resources. 3. “Croatia: Damning new report slams systemic police abuses at country’s borders”, 3 December LGBTI PEOPLE’S RIGHTS In April, a court in the capital, Zagreb, backed the right of same-sex couples to CUBA adopt children. For the first time in over a decade, the Republic of Cuba annual Pride event in Zagreb in July was Head of state and government: Miguel Díaz-Canel marked by a series of physical and verbal homophobic attacks and the burning of a In the wake of historic protests in July, rainbow LGBTI flag. A journalist covering Cuban authorities imprisoned many Pride was among those attacked. Several hundreds of protesters, almost 700 of people were detained. whom remained in prison at the end of the FREEDOM OF EXPRESSION year. The authorities ramped up their machinery of control over freedom of Journalists continued to be the target of expression and assembly with physical threats and intimidation, both online and surveillance of human rights activists, offline, and faced gagging orders and artists and journalists, and by subjecting frequent lawsuits. them to house arrest, arbitrary detention, In September, a court in Zagreb issued a violations of due process and, in some temporary injunction against the news cases, ill-treatment, while also disrupting website H-alter, barring all reporting on a the internet. The economic situation local childcare clinic and its director; the continued to deteriorate and the US website had published a series of articles Amnesty International Report 2021/22 140

authorities again failed to lift the economic were committed in the wake of the embargo. crackdown and, using their monopoly over REPRESSION OF DISSENT the media, broadcast selected footage of incidents of violence during the protests to Thousands of people took to the streets on wrongly characterize them as violent overall. 11 July to peacefully protest over the The President of the Supreme Court insisted economy, shortages of medicines, the that the justice system and judges operated government’s response to Covid-19 and with independence and indicated that the harsh restrictions on the rights to freedom of media was publishing false information expression and peaceful assembly, in one of distributed by “enemies of institutional order 1 the largest demonstrations seen in decades. and the Cuban Revolution”. Meanwhile, In response to the protests, the Cuban during the period of protests, the authorities authorities detained many hundreds of disrupted the internet and regularly blocked protesters, of whom almost 700 remained in instant messaging apps such as WhatsApp, prison at the end of the year, according to Telegram and Signal. NGO Cubalex. Authorities also subjected In November, the government refused activists and journalists to house arrest and requests by civil society to hold a Civic March arbitrary detention, violated due process for Change, once again demonstrating its rights and, in some instances, ill-treated intolerance of protest.3 2 detainees, all while disrupting the internet. HUMAN RIGHTS DEFENDERS The majority of those detained were charged with crimes historically used to During the year, the government imprisoned silence dissent and often inconsistent with numerous artists, journalists and political international human rights law and activists. standards. These included “public disorder”, In April, authorities detained prisoners of “resistance”, “contempt”, “incitement to conscience Esteban Rodríguez, an commit a crime” and “damages”. independent journalist for ADN Cuba, and Following the protests, many of those Thais Mailén Franco Benítez, a human rights released from prison were formally put under activist, in Old Havana, along with some 12 house arrest pending their trial. Cuban other people, for peacefully protesting in authorities also subjected activists and support of Cuban artist Luis Manuel Otero journalists to physical surveillance by Alcántara, who at the time was on hunger positioning security officials permanently strike in protest at constant police 4 outside their homes and threatening them surveillance outside his home. Thais Mailén with arrest if they left, amounting to arbitrary Franco Benítez was later released to detention. complete her sentence under house arrest, Relatives of those detained, and detainees but Esteban Rodríguez remained imprisoned who were later released, widely reported a at the end of the year. range of violations of due process rights and In May, authorities also detained prisoner of incommunicado detention. While the conscience Maykel Castillo Pérez, one of the Prosecutor General’s Office denied that authors of “Patria y Vida”, a song critical of detainees lacked access to legal assistance the Cuban government which was adopted as or had been held incommunicado, a protest anthem and for which he and other testimonies indicated otherwise. artists won “song of the year” at the Latin 5 The mass detentions also resulted in Grammys in November. He was charged widespread reports of ill-treatment, including with “assault”, “resistance”, “evasion of against women, and authorities subjected prisoners and detainees” and “public women journalists and activists to house disorder”. In June, authorities imprisoned arrest, surveillance and harassment. The graphic artist Hamlet Lavastida, a former authorities denied human rights violations prisoner of conscience, allegedly for Amnesty International Report 2021/22 141

proposing an artistic performance in a private violates economic, social and cultural rights messaging conversation that in the end never in Cuba, it does not negate Cuba’s obligations took place. He was later released on to guarantee these rights to the maximum of condition that he left Cuba. its available resources. On 11 July, the day of nationwide protests, authorities detained prisoner of conscience 1. “Cuba: Massive protests are a desperate cry to a government that Luis Manuel Otero Alcántara, a member of doesn’t listen”, 12 July the San Isidro Movement which mobilized 2. “Cuba: Amnesty International names prisoners of conscience amidst initially in opposition to a law that would crackdown on protesters”, 19 August censor artists, just after he announced on 3. “Cuba: Rejection of request to protest is yet another example of social media that he intended to join the intolerance of freedom of expression”, 22 October protests. Later in the year, he contracted 4. “Cuba: Amnesty International names Luis Manuel Otero Alcántara of Covid-19 in prison and went on hunger strike the San Isidro Movement a prisoner of conscience”, 21 May in protest at his continued imprisonment. He 5. “Cuba: Amnesty International launches a holidays solidarity action in remained in prison at the end of the year. support of prisoners of conscience”, 17 December Similarly, state security officials detained 6. “Cuba: Amnesty International and artist Erik Ravelo launch ‘The José Daniel Ferrer García, activist and leader Eternal Flame’, a digital conceptual memorial in support of San of the unofficial political opposition group Isidro Movement and freedom of expression”, 29 April Patriotic Union of Cuba, as he tried to attend the demonstrations in Santiago de Cuba with CYPRUS his son. Authorities later concealed his whereabouts, potentially amounting to an enforced disappearance. Despite the Republic of Cyprus authorities' ongoing repressive policy, Head of state and government: Nicos Anastasiades throughout the year artists and activists continued to collaborate and innovate in Allegations of pushbacks of refugees and solidarity. Artist Erik Ravelo launched “The migrants continued. A leading anti-racism Eternal Flame”, a digital conceptual memorial association was threatened with dissolution. in support of artistic freedom of expression in Police used excessive force against anti- Cuba.6 corruption protesters. ECONOMIC, SOCIAL AND CULTURAL BACKGROUND RIGHTS No progress was made during talks between The economic situation continued to Greek and Turkish Cypriot leaders in April in deteriorate, with media reports of significant Geneva for the resumption of formal shortages of food, essential medicines and negotiations in relation to the settlement of other basic items. In May, the Inter-American the Cyprus problem (the continuing dispute Commission on Human Rights expressed over the administration of the island). concern over “acute and persistent food shortages in Cuba”, especially in the context REFUGEES’ AND MIGRANTS’ RIGHTS of the Covid-19 pandemic. Throughout the There were continued reports of pushbacks year there were electricity outages. at sea of refugees and migrants to Lebanon, At various moments in the year there were which since 2019 has regularly returned reports of hospitals being overwhelmed with Syrians to Syria, where their safety was at Covid-19 cases. However, by the middle of risk. In August, reports emerged that the the year the authorities had scaled up their authorities intercepted two boats carrying 89 vaccination programme. people and pushed the passengers back to The authorities continued to place the Syria, except for two people with health blame for shortages exclusively on the needs who were separated from their families economic embargo. Although the embargo and transferred to Cyprus. Amnesty International Report 2021/22 142

Human rights bodies and others expressed ENFORCED DISAPPEARANCES concerns about the living conditions in During the year, the remains of 1,023 reception facilities, including the restrictions missing people (732 Greek Cypriots and 291 imposed in response to the Covid-19 Turkish Cypriots) were identified by the pandemic. Committee of Missing Persons in Cyprus in In November, the president requested its mission to establish the fate of individuals emergency support from the EU for the who were forcibly disappeared during the management of migration, including the inter-communal fighting of 1963-1964 and temporary suspension of new asylum the events of 1974. applications. FREEDOM OF ASSOCIATION CZECH REPUBLIC The leading anti-racism organization KISA continued to face dissolution proceedings as Czech Republic a result of a 2020 legislative change, which Head of state: Miloš Zeman led to the organization’s removal from the Head of government: Petr Fiala (replaced Andrej Babiš registry of associations in December 2020 in December) due to a minor delay in their complying with the new requirements. KISA appealed before There were concerns over the independence the country’s Supreme Court. Meanwhile, the of public broadcasting media. Parliament organization was operating with serious voted for a bill to compensate thousands of limitations. Romawomen who were unlawfully sterilized VIOLENCE AGAINST WOMEN AND GIRLS in the past. Authorities denied that police officers were responsible for the death of a In September, the Cyprus Supreme Court Roma man during a police intervention heard an appeal by a young British woman against him. against a district court ruling which found her BACKGROUND guilty of making false claims when she reported she was gang-raped in July 2019. Throughout the year, the government Serious concerns existed about the reported adopted socio-economic measures to support shortcomings of the police investigation into individuals affected by the Covid-19 the case and the fairness of her first instance pandemic. They included 14 days’ trial. compensation of wages for those undertaking EXCESSIVE USE OF FORCE compulsory quarantine. In February, police reportedly used unlawful FREEDOM OF ASSEMBLY force against peaceful protesters during an Authorities restricted the right to freedom of anti-corruption demonstration in Nicosia. An peaceful assembly in response to Covid-19. investigation was started by the Independent In December 2020, Parliament announced a Authority for the Investigation of Complaints state of emergency which lasted until 11 against the Police. Although the investigation April. During this period, gatherings were was reportedly completed, the outcome was restricted to a maximum of 500 people. The not known by the end of the year. decision led to protests in January under the FREEDOM OF ASSEMBLY slogan “Let’s open the Czech Republic”. The Cypriot authorities kept in place an FREEDOM OF EXPRESSION unlawful and disproportionate blanket ban on There were concerns over the independence all demonstrations, introduced as part of of public broadcasting media. In March, the Covid-19 related restrictions in March 2020. European Broadcasting Union stated that it had observed increasing politicization of the Amnesty International Report 2021/22 143

governing body of Czech Television. In May, of residents. The amendment allowed Reporters Without Borders expressed municipalities to declare zones of “socially concerns about the risk of increased political pathological behaviour”, residents of which pressure on the public broadcaster following were barred from claiming some housing the election of new members of the Czech benefits. NGOs had criticized the Television Council. amendment in the past as disproportionately DISCRIMINATION targeting Roma and poor people. LGBTI PEOPLE ROMA In January, the Constitutional Court rejected a Roma children continued to experience regional court’s proposal to amend a law that discriminatory segregation in schools. prevents recognition of adoptions from A Roma man, Stanislav Tomáš, died during abroad by same-sex couples who live in the a police intervention against him in the town Czech Republic. The law permits adoptions of Teplice on 19 June. According to video by married couples only. footage from the arrest, published by the In April, the lower chamber of the news server Romea.cz, three police officers parliament approved the first reading of a bill used force against him. The video showed allowing same-sex marriage. The parliament Stanislav Tomáš lying on the ground while did not further discuss the bill before the one of the officers knelt on his neck during October elections. the entire intervention.1 On 26 July, the Police Inspectorate informed Amnesty GENDER-BASED VIOLENCE International that the police intervened Five years after signing the Council of Europe because of Stanislav Tomáš‘s “aggressive Convention on preventing and combating behaviour that escalated and turned against violence against women and domestic the intervening police officer.” The minister of violence (Istanbul Convention), the Czech interior stated in July that the autopsy Republic had yet to ratify it. In March, the identified drug overdose as a possible cause government plenipotentiary for human rights of death, and that the police did not restrict stated that, following the October breathing or blood flow. In December, the parliamentary elections, the new government deputy Public Defender of Rights published will decide whether to propose ratification to her investigation into the case, which found the parliament. that police officers made significant errors during the intervention. In particular, she REFUGEES’ AND MIGRANTS’ RIGHTS noted that the police failed to ensure that In August, the government accepted 170 their coercive methods did not cause Afghans as part of the Czech Republic’s disproportionate harm. evacuation operations from Afghanistan. Also In July, the Senate voted for a bill to in August, the Minister of Interior stated that compensate thousands of Roma women who the government’s priority was to ensure that were unlawfully sterilized by the authorities the tension in Afghanistan “would not lead to 2 between 1966 and 2012. Survivors of another migration wave” and to prevent a unlawful sterilizations will each be eligible for “crisis on the external EU borders”. compensation of 300,000 CZK (€11,800), In September, during the parliamentary which must be applied for through the election campaign, then prime minister Ministry of Health within three years of 1 Andrej Babiš used billboards with anti- January 2022, when the law enters into immigration messages stating “I will defend force. you from illegal migrants. To my dying In August, the Constitutional Court set aside breath.” an amendment to the law on welfare benefits The government continued to refuse to on the grounds that it would be participate in any relocation efforts within the discriminatory and exclude certain categories Amnesty International Report 2021/22 144

EU and the resettlement programme February, having ended the two-year coalition remained “frozen”. with his predecessor Joseph Kabila. In April, a new government was formed with a 1. Czech Republic: Concerns Over Possible Unlawful Killing by the Police parliamentary majority. (Index: EUR 71/4329/2021), 23 June Tensions emerged over the elections 2. “Czech Republic: Hard won justice for women survivors of unlawful planned for 2023, particularly in relation to the organization, functioning and leadership sterilization”, 22 July of the Independent National Electoral Commission. DEMOCRATIC In North Kivu and Ituri, a state of siege was declared in May allowing the army and police REPUBLIC OF THE to take over political leadership, public administration, and the criminal justice CONGO system in the two provinces. Rampant violence continued in the Kasaï region. South Kivu, Tanganyika and Maniema Democratic Republic of the Congo provinces also experienced continued and Head of state: Félix-Antoine Tshisekedi Tshilombo significant levels of violence. Head of government: Jean-Michel Sama Lukonde Kyenge (replaced Sylvestre Ilunga Ilunkamba in UNLAWFUL ATTACKS AND KILLINGS February) Indiscriminate attacks against civilian populations, looting and destruction of Continuing armed conflict and violence homes, crops, and other objects claimed thousands of lives, large-scale indispensable for the survival of the civilian displacement and widespread sexual population, as well as attacks on violence. At least 10 cases of crimes under infrastructure, continued particularly in the international law were prosecuted by east and south; some of these acts military courts, but impunity remained constituted war crimes. widespread. Economic, social, and In North Kivu and Ituri provinces, attacks humanitarian crises persisted, exacerbated and other violations and abuses against by Covid-19 and other outbreaks. The use civilians by armed groups and government of arbitrary arrests and unlawful detentions forces increased by 10% between May and was prevalent across the Democratic November according to the UN. According to Republic of the Congo (DRC). Prison the Kivu Security Tracker, at least 1,137 conditions remained inhumane. Rallies and civilians were unlawfully killed in the two protests organized by opposition parties or provinces between 6 May (when the state of civil society deemed to be critical of the siege was declared) and 15 November. For government were often banned or violently instance, at least 55 civilians were killed suppressed. Human rights defenders and during indiscriminate attacks by combatants journalists continued to be targeted with of the Cooperative for Development of the attacks and threats; at least three Congo (CODECO), an alliance of militia journalists were killed. Mining projects led groups, in the villages of Boga and Tchabi, in to serious pollution with a considerable Ituri province, on 30 May. In the same human rights impact. Children’s education province, the Congolese army killed seven was interrupted by teachers’ strikes over civilians in Nongo village on 2 May and eight poor pay and working conditions. civilians in the villages of Banikasowa, BACKGROUND Ndenge I and Ndenge II on 15 May. There were multiple abductions and 300,000 President Tshisekedi appointed Jean-Michel people fled their villages. Armed groups Sama Lukonde Kyenge as prime minister in including combatants of the Allied Amnesty International Report 2021/22 145

Democratic Forces (ADF), an armed group In March and April, inter-communal conflict operating in the DRC and Uganda, also between Luba and Kuba ethnic groups in carried out attacks targeting schools, health Bakwakenge, in the Kasaï-Central province, facilities, public markets, churches, UN caused the destruction of 190 houses and peacekeepers and humanitarian actors. For the displacement of 21,000 people, example, alleged ADF combatants attacked according to UNHCR, the UN refugee the Kisunga village health centre and the agency. In the territory of Beni, repeated surrounding area, in the territory of Beni in attacks, allegedly by members of the ADF North Kivu, overnight on 11 and 12 and local Mayi-Mayi groups, forced 10 November, resulting in the killing of at least humanitarian organizations to halt their aid 48 civilians including health workers and work, leaving 116,000 internally displaced patients, according to local human rights people (IDPs) without vital assistance, organizations. according to the UN. The UN also reported In South Kivu province, the long-standing that alleged CODECO combatants carried out conflict involving local and foreign armed several attacks on IDP sites, killing dozens of groups in the highlands of Uvira and Fizi people and burning down settlements, claimed at least 70 civilian lives and forced resulting in the further displacement of thousands to flee their villages, according to 50,000 IDPs in Ituri province. the UN. The Congolese army committed According to the UN, over 19.6 million human rights violations against civilians, people were in dire need of humanitarian including unlawful killings, rape, looting and assistance, half of whom were children. More destruction of homes, on a par with the than 26 million people faced high levels of armed groups it was deployed to fight. acute food insecurity. Despite this, according SEXUAL AND GENDER-BASED VIOLENCE to UN humanitarian coordinator David McLachlan-Karr in October, financial support Conflict-related sexual violence remained to alleviate the DRC crisis continued to widespread, especially in the provinces of decline, and only 25% of the US$1.98 billion North and South Kivu, Ituri, Tanganyika and needed was raised in 2021. Kasaï-Central, despite some encouraging IMPUNITY efforts by the authorities to hold perpetrators to account. According to the UN, between Most perpetrators of crimes under January and September, at least 1,100 international law, including rape and other women were raped in North Kivu and Ituri gender-based violence, enjoyed impunity. alone. There was some progress, however, with at Several initiatives which aimed to establish a least 10 cases of serious crimes prosecuted. reparations fund for victims of conflict-related At least 80 army and police officers were sexual violence were undertaken with the prosecuted in North Kivu, South Kivu, Ituri, involvement of President Tshisekedi and the Tanganyika and Kasaï provinces for serious First Lady, although they had not come to crimes including sexual violence. In the Kasaï fruition by the end of the year. region, investigations into serious human LACK OF HUMANITARIAN ASSISTANCE rights violations committed in Mulombodi, Nganza and Tshisuku in 2017 and 2018 Five million people remained internally were completed, with the assistance of a displaced at the end of the year, 1.5 million team of investigators deployed by of whom were forced to leave their homes to the OHCHR. The trials were yet to start. flee from violence in 2021 alone, according The trial of the alleged perpetrators of the to the UN. Most of them lived in dire murders of two UN experts in February 2017 conditions without access to humanitarian was ongoing. Defendants and victims’ assistance. lawyers continued to complain about its slow progress, and intimidation of some witnesses. Amnesty International Report 2021/22 146

The cause of death of one of the defendants detention for several months. They were in October was unclear. He was the third released on bail in November, but the defendant to die since the trial began. fabricated charges against them were not Former Congolese warlord Roger Lumbala, dropped. Thirteen other LUCHA activists who was arrested in France in December were arrested and illegally detained in Beni in 2020 over war crimes and crimes against November for staging a peaceful humanity committed in the DRC, remained in demonstration against the state of siege. custody. Dozens of other activists were also held in There were no meaningful developments arbitrary detention nationwide for exercising regarding the situation in the DRC before the their human rights. ICC. In Ituri province, hundreds of people were In April, following calls from human rights unlawfully detained for several months in the organizations including Amnesty territories of Aru, Djugu, Mahagi, Mambasa, International, the government started to Irumu, and in the town of Bunia, due to a develop a comprehensive strategy to deal shortage of magistrates to handle their cases. with serious crimes committed over the last In September, Hubert Berocan, a provincial three decades, in collaboration with the UN member of parliament (MP), was sentenced and representatives of Congolese civil society to 12 months in prison after an unfair trial at 1 organizations. a military court in Bunia, solely for ARBITRARY ARRESTS AND DETENTIONS challenging the local executive about the unfair distribution of computers to schools. In The frequent use of arbitrary arrests and June, another local MP had been unlawfully unlawful detentions persisted throughout detained for 48 hours by a military prosecutor DRC. The situation was particularly serious in after he criticized the president for failing to the North Kivu and Ituri provinces, where the restore peace and fulfil his commitments. state of siege gave excessive powers to the INHUMANE DETENTION CONDITIONS army and police, as well as to the military justice system. The security forces arrested According to local human rights groups, at and detained hundreds of civilians without least 220 people died in detention due to due process, many for non-criminal acts overcrowding, poor conditions and such as debt or land disputes. healthcare, and lack of food, among other In February, three activists from the citizens’ factors which could amount to torture or movement “Jicho la Raiya” (Eye of the other ill-treatment by the state. Some prisons People) were arrested in North Kivu for and detention centres held up to 500% over organizing a peaceful sit-in to protest against their intended capacity, as a result of alleged illegal taxes on roads and alleged dysfunction in the criminal justice system, mismanagement of a local healthcare especially in North Kivu and Ituri where the administration. They remained in arbitrary capacity of military courts, which took over detention in Goma city at the end of the year. the criminal jurisdiction over civilians under Two activists from civil society movement the state of siege, became even more limited Lutte pour le Changement (LUCHA) were in terms of geographical access and staffing. arrested in Goma in July and September, FREEDOM OF ASSEMBLY respectively, for saying that local authorities and staff of the Denise Nyakeru Tshisekedi Bans on, or other suppression of, peaceful Foundation, established by the First Lady, demonstrations were common once again. diverted humanitarian aid intended for The authorities frequently banned rallies and survivors displaced by a volcanic eruption protests organized by opposition leaders and near Goma in May. Following a defamation activists, trade unions and civil society complaint to the military justice prosecutor by groups, while security forces violently the Foundation, they were held in arbitrary suppressed those that went ahead. In April, Amnesty International Report 2021/22 147

demonstrations against civilian killings in arbitrarily banned, including two in Equateur North Kivu, including a peaceful sit-in by province and one in Mai-Ndombe province. schoolchildren and a women’s march in Once again, most human rights violations Beni, were violently dispersed by the army against media outlets and journalists were not and police. Similar tactics were also used in prosecuted. other areas, in particular against peaceful ENVIRONMENTAL DEGRADATION demonstrations by University of Kinshasa students in July and August; a peaceful In August, there was extensive pollution to assembly convened by opposition platform the Tshikapa and Kasaï rivers and their Lamuka in September; and, from October, tributaries in southern DRC, which, according student/teacher protests in support of the to the Congolese government, was caused by teachers’ strike (see below, Right to a spillage upstream from a diamond mining education). In almost all cases, those and processing company based in northern responsible for illegally banning or Angola. The DRC government said the suppressing the demonstrations were not disaster led to at least 40 deaths, hundreds held to account. of cases of severe diarrhoea, and wiped out HUMAN RIGHTS DEFENDERS aquatic life. The authorities’ response was slow and ineffective. A joint DRC/Angolan Human rights defenders and whistle-blowers investigation into the causes and continued to be the target of attacks and environmental consequences was threats by public institutions which were announced by the DRC authorities, but no supposed to protect them. Dozens of pro- further communication had been made about democracy and anti-corruption activists, its progress or possible reparations or environmental activists, trade union leaders guarantees of measures to avoid similar and Indigenous peoples’ rights defenders catastrophes in the future. were arbitrarily detained, harassed and even Other cases of serious environmental sentenced by courts following unfair trials. pollution were reported at and around gold The draft law on the Protection of Human mines in Ituri, Haut-Uele, South Kivu and Rights Defenders, first proposed in 2017, Maniema provinces, and copper and cobalt made no progress during 2021. mines in Haut-Katanga and Lualaba In March, two whistle-blowers were provinces. Illegal logging in the Congo Basin sentenced to death in their absence after forests continued, while the development of they revealed financial transactions made for oil and other energy projects potentially the benefit of individuals and entities under harmful to the environment continued in or international sanctions. After they fled the around the Virunga, Maiko, Upemba and country, their colleagues and family members Kundelungu national parks. were harassed by the authorities. RIGHT TO HEALTH FREEDOM OF EXPRESSION The Covid-19 death toll peaked between July At least three journalists were killed during and August, with the emergence of the Delta the state of siege period in North Kivu and variant causing an exponential increase in Ituri, apparently in connection with their deaths in several cities. In March, the first reporting, according to journalists’ rights batch of 1.7 million AstraZeneca doses was organization Journaliste En Danger. At least received through the COVAX initiative. 11 journalists were arbitrarily detained, However, delays in the vaccination roll-out sometimes violently, while they tried to carry due to vaccine hesitancy and poor planning out their work. Several journalists were resulted in 1.3 million doses being returned threatened or intimidated by state agents, and redistributed to other African countries political leaders, and members of armed according to the Global Alliance for Vaccines groups. At least three media outlets were and Immunizations. The DRC received an Amnesty International Report 2021/22 148

additional 2 million doses between May and 2. East Africa: “Address the access issue and the pandemic will be October and, by the end of the year, had fully managed tomorrow”: Global vaccine inequity’s impact in east Africa vaccinated 131,000 people, representing (Index: AFR 04/5084/2021), 14 December 0.1% of the population according to the WHO.2 DENMARK The DRC’s 13th Ebola outbreak was declared in North Kivu in October. Other Kingdom of Denmark epidemics, including malaria, cholera, Head of state: Margrethe II measles and bubonic fever claimed Head of government: Mette Frederiksen thousands of lives nationwide, especially among the young, despite efforts by the People with “non-western” backgrounds government and the international community continued to face discrimination in social to contain the outbreaks. Health actors on housing. Refugees’ right to family life the response frontline continued to work continued to be violated and laws on without adequate or regular salaries, returns and externalizing the processing of prompting demonstrations that were often asylum and residency applications were violently dispersed by the police. Nurses and passed. Initiatives on sexuality education doctors countrywide went on strike for several and corporate accountability continued to months to demand better working conditions, be delayed. Freedom of expression and pay and recognition of their professional privacy were compromised by a pending status. International funding provision for the legislative proposal on data retention. health sector was adversely affected because DISCRIMINATION of inefficiency due to poor involvement, transparency and accountability from, as well In May, a petition signed by 55,913 people to as coordination by, national and international repeal the discriminatory law “L38” on social stakeholders. housing was discussed in parliament, but the RIGHT TO EDUCATION law remained in force. During its UPR, Denmark accepted Implementation of President Tshisekedi's recommendations in May to review its social flagship free primary education programme housing policies, but only committed to a was severely undermined at the start of the cosmetic removal of the term “ghetto” from school year in October when teachers went government documents. Policies aiming to on strike. They demanded better salaries and limit the number of residents with a “non- working conditions, including sufficient fit-for- western background” continued, alongside purpose and well equipped school buildings new discriminatory initiatives that no to address overcrowding in classrooms and in neighbourhood would house more than 30% some cases an absence of classrooms. of residents with “non-western backgrounds” Teachers and thousands of students took to by 2030. the streets to protest at the programme’s shortcomings, which included poor planning REFUGEES’ AND MIGRANTS’ RIGHTS by education authorities, late salary In July, the European Court of Human Rights payments, and inequality of resources which ruled against Denmark’s mandatory three- favoured urban over rural schools. Public year waiting period for family reunification, schools were closed for several weeks and which would affect around 4,000 Syrian reopened in late November following an refugees, stating that this violated the right to agreement between the government and the family life. main teachers’ trade unions. In June, parliament passed a law enabling Denmark to externalize the processing of 1. “DRC: Prioritize justice for serious crimes”, 29 April people seeking asylum and refugee residence permits to non-European Amnesty International Report 2021/22 149

countries. No agreement with a host country judicial remedies. By the end of the year, exists, but from 2020 to 2021 the Danish however, no such proposal had been government approached authorities in Egypt, presented to parliament. Morocco, Rwanda and Tunisia. In December, Denmark entered negotiations with Kosovo on outsourcing prison cells for 300 people DOMINICAN convicted of crimes and awaiting expulsion from Denmark as part of their sentence. REPUBLIC In May, Parliament approved a new Return Bill with new rules, such as offering money to Dominican Republic asylum seekers to refrain from appealing to Head of state and government: Luis Rodolfo Abinader the Refugee Appeals Board if their claims are Corona rejected. In August, the government officially paused Gender-based violence remained common. deportations to Afghanistan. At the end of the Lawmakers failed to pass a revised Criminal year, 19 Afghan citizens remained in return Code that would decriminalize abortion and centres, without access to work or education provide protections against violence, torture and with limited access to healthcare. and discrimination on the grounds of sexual In February, the Danish Immigration Service orientation or gender identity. The and Danish Refugee Appeals Board stated authorities extended access to Covid-19 that Damascus in Syria and its surrounding vaccines to Dominicans of Haitian descent rural area were “safe” for returns. As of 19 and migrants, who were previously December, at least 151 Syrians had their excluded. residence permits revoked or not extended, GENDER-BASED VIOLENCE or had their asylum application rejected. Between January and September, 111 WOMEN’S AND GIRLS’ RIGHTS women were killed, 61 of whom were victims In March, the CEDAW Committee of femicides, according to preliminary recommended that Denmark include statistics published by the General education about relationships, sexual Prosecutor's Office. Between January and autonomy and consent in compulsory October, the same office reported having sexuality education programmes in primary received over 63,000 reports of gender-based and secondary schools, and introduce a and intra-family violence and more than compulsory module on sexuality education 6,300 reports of sexual offences. The for training teachers. This was not authorities continued to fail to develop a implemented in 2021. national protocol for the investigation of RIGHT TO PRIVACY torture, in line with the Manual on Effective Investigation and Documentation of Torture In October, a legal proposal on data retention and Other Cruel, Inhuman or Degrading was sent for discussion in parliament. The Treatment or Punishment (Istanbul Protocol). proposal was strongly criticized for its This was despite evidence presented to the potential impact on the rights to freedom of authorities in 2019 that the police routinely expression and privacy. raped, beat and humiliated cisgender and CORPORATE ACCOUNTABILITY transgender women engaged in sex work in acts that may amount to torture or other ill- In October, the government stated that treatment. Denmark would adopt a legal framework SEXUAL AND REPRODUCTIVE RIGHTS requiring businesses to exercise human rights due diligence in their operations, The Dominican Republic remained one of the including the possibility for victims to seek few countries in the region that continued to Amnesty International Report 2021/22 150

criminalize girls or women who sought to terminate a pregnancy. This total ban on ECUADOR abortion continued to cause the deaths of women and girls. Republic of Ecuador In March, hundreds of human rights Head of state and government: Guillermo Alberto activists camped outside the National Palace Santiago Lasso Mendoza (replaced Lenín Boltaire demanding that Congress vote in favour of Moreno Garcés in May) decriminalizing abortion on three grounds – when the pregnancy poses a risk to the life of Indigenous peoples affected by the 7 April the pregnant woman or girl, when the fetus 2020 oil spill in the Amazon were denied cannot survive outside the uterus, and when truth, justice and reparations. Detainees the pregnancy is the result of rape or incest.1 faced risks to their rights to life, integrity However, in June, the Chamber of Deputies and security. The Constitutional Court voted against decriminalization on the three decriminalized abortion on grounds of rape. grounds, risking the life and health of 2 thousands of girls and women. BACKGROUND In December, Congress again failed to pass Protests erupted after the first round of the a revised Criminal Code that decriminalizes presidential election in February amid claims abortion and provides protections against of fraud. In the second round of the election torture, violence and discrimination on the in April, Guillermo Lasso emerged as the grounds of sexual orientation and gender winner, defeating Andrés Arauz. identity. There were protests during the year by Legislators also failed to pass Indigenous peoples, farmers, transport comprehensive anti-discrimination legislation workers and students, among others, against which had been demanded by civil society government policies related to extractive organizations for almost a decade. projects and austerity measures. ARBITRARY DEPRIVATION OF By 31 December, more than 70% of NATIONALITY Ecuador’s population had been fully vaccinated against Covid-19. As of 31 Thousands of people born to foreign parents December, the Ministry of Health reported who were registered as Dominicans at birth 551,620 confirmed cases of Covid-19 and but later unrecognized as nationals, 33,682 related deaths since 29 February remained unable to obtain Dominican identity 2020. documents, which continued to leave them stateless. INDIGENOUS PEOPLES’ RIGHTS In February, President Luis Abinader In March, the Orellana Provincial Court announced Covid-19 vaccination plans that rejected an appeal submitted by would have left many Dominicans of Haitian communities affected by the 2020 oil spill in descent and migrants without access to the Coca and Napo rivers. In May, the vaccines.3 However, following advocacy from Constitutional Court agreed to review rulings civil society actors, Dominican authorities in the case and in June it agreed to review a extended the vaccination programme to all request to protect their human rights. residents. Indigenous peoples continued to be at higher risk from the pandemic due to long- 1. “Dominican Republic: Chamber of Deputies puts life and health of standing inequalities and discrimination resulting in lack of access to drinking water, millions of women and girls at risk”, 30 June 2. Dominican Republic: Threat to Sexual and Reproductive Rights food, medical supplies, health services and (Index: AMR 27/4778/2021), 24 September Covid-19 tests. 3. Vaccines in the Americas: Ten Human Rights Musts to Ensure Health for All (Index: AMR 01/3797/2021), 25 March Amnesty International Report 2021/22 151

HUMAN RIGHTS DEFENDERS By the end of the year, authorities had yet to 1. “Ecuador: Authorities must be held accountable for 79 deaths in design and implement a national policy for prisons”, 24 February the protection of human rights defenders at 2. Ecuador: Amicus Curiae sobre despenalización del aborto por risk. violación (Index: AMR 28/4043/2021), 27 April (Spanish only) Human rights defenders, including Carlos Jipa, María Espinosa, Vivian Idrovo and EGYPT Xavier Solis, continued to face criminal proceedings for allegedly endangering the Arab Republic of Egypt physical integrity of a judge and his family. Head of state: Abdel Fattah al-Sisi The proceedings followed a criminal Head of government: Moustafa Madbouly complaint by the judge who, on 1 September 2020, had rejected a petition for The rights to freedom of expression and precautionary measures submitted by the association were severely repressed. human rights defenders on behalf of Authorities targeted human rights Indigenous peoples affected by the 2020 oil defenders, opposition politicians and other spill. The defenders had complained that the activists through unlawful summons, judge had not ensured due process coercive questioning, extrajudicial probation guarantees. measures, criminal investigations, unfair FREEDOM OF EXPRESSION AND prosecutions and inclusion on a “list of ASSEMBLY terrorists”. Thousands of people, including human rights defenders, journalists, While investigations continued into the students, opposition politicians, business human rights violations committed during owners and peaceful protesters, remained October 2019 protests, no law enforcement arbitrarily detained. Dozens were convicted officials had been charged or prosecuted by after grossly unfair trials or were tried by the end of the year. emergency courts on charges stemming from the peaceful exercise of their human DETAINEES’ RIGHTS rights. Enforced disappearances and torture At least 316 people deprived of their liberty continued unabated. Conditions of were killed in prisons in clashes between rival detention remained cruel and inhuman, and gangs, including 79 people on 26 February, prisoners were denied adequate healthcare, 119 people on 28 September, and 62 people which led or contributed to at least 56 between 12 and 13 November. Among them deaths in custody. Death sentences were was environmental activist Víctor Guaillas, handed down after grossly unfair trials and sentenced to five years in prison for executions were carried out, including for “sabotage” in connection with the October drug offences. Authorities failed to 2019 protests. The deaths occurred in a adequately investigate or punish sexual and context of overcrowding, neglect and a failure gender-based violence, and introduced to ensure the prison population’s human legislation further undermining women’s 1 rights. rights and autonomy. LGBTI individuals SEXUAL AND REPRODUCTIVE RIGHTS were arrested, prosecuted and sentenced to long prison terms on the basis of their In April, following campaigns and legal sexual orientation or gender identity. proceedings initiated by Ecuadorian human Authorities clamped down on labour strikes, rights and feminist groups, the Constitutional independent unions and workers expressing Court decriminalized abortion where the grievances or criticism. The Covid-19 pregnancy is the result of rape.2 vaccine roll-out was marred by delays in vaccinating those most at risk, among other things. Residents of informal settlements Amnesty International Report 2021/22 152

were forcibly evicted and detained for Abdelnasser Salama after he called for the protesting. Authorities discriminated president’s resignation. He and 24 other against Christians in law and practice, and journalists remained in prison following prosecuted members of religious minorities convictions or pending investigations into and those espousing religious opinions not accusations of “misusing social media”, sanctioned by the state. Refugees and “spreading false news” and "terrorism". migrants were arbitrarily detained In May Hossam Shaaban, a doctor involved indefinitely for crossing borders irregularly, in relief work, was arrested after he criticized and forcibly expelled without due process or the authorities’ ban on solidarity protests access to asylum procedures. during the Israeli offensive on Gaza. He BACKGROUND remained detained pending investigations into “terrorism” accusations. In October, the president lifted the nationwide Authorities continued to block at least 600 state of emergency in place since April 2017. news, human rights and other websites, Within days, parliament approved legislative according to rights groups. changes expanding the jurisdiction of military FREEDOM OF ASSOCIATION courts over civilians, eroding fair trial guarantees and criminalizing reporting on the Officers at the National Security Agency military. (NSA), a special police force, intimidated Sporadic attacks by armed groups in North human rights defenders and political activists Sinai continued. The military, which by unlawfully summoning and subjecting announced fatalities in its ranks and the them to coercive questioning and 1 killing of 122 militants in clashes, released a extrajudicial police probation measures. video in August depicting the unlawful killing Authorities arbitrarily detained and unfairly of two unarmed men by the military. In prosecuted tens of human rights defenders October, the president granted the defence and opposition politicians on unfounded minister exceptional powers to impose charges of “terrorism” and “spreading false curfews, close schools and evacuate North news”. In July, Hossam Bahgat, director of a Sinai residents. prominent NGO, was convicted and fined for A national budget adopted in June failed to peacefully expressing his views on Egypt's meet the constitutionally mandated allocation 2020 elections. Investigative judges of 3% and 6% of GDP to health and interrogated at least five NGO directors in education, respectively, and reduced July and revived investigations into tax spending on health insurance and medicine. evasion by NGOs as part of the politically In March, 32 states condemned human motivated decade-long criminal investigation rights violations in Egypt at the UN Human into the activities and funding of human Rights Council. rights organizations known as Case 173. In September, authorities launched a five- Authorities dropped investigations against 12 year national human rights strategy praising NGOs but continued to subject their directors the legal framework and overlooking and staff to travel bans and asset freezes. At concerns over past and ongoing human least 15 others remained under investigation rights violations. and subject to similar restrictions. FREEDOM OF EXPRESSION Authorities arbitrarily added 408 people, including activists and opposition politicians, Authorities continued to severely repress the to the “list of terrorists”, effectively banning right to freedom of expression and clamp them from engaging in civic or political work down on critical voices offline and online. and travelling abroad for five years. In Security forces arbitrarily arrested at least November, the Supreme Administrative Court six journalists for their work or critical views. upheld a decision to disbar six lawyers on the On 19 July, they arrested journalist “list of terrorists”. Amnesty International Report 2021/22 153

ARBITRARY DETENTION AND UNFAIR inherently unfair and defendants are denied TRIALS the right to have their convictions and Authorities released 13 human rights sentences reviewed by higher courts. defenders, journalists and politicians who Security forces prevented lawyers from had been held in pretrial detention for years, meeting their clients in private. but thousands remained detained arbitrarily In August, the SSSP referred to emergency solely for exercising their human rights or courts human rights NGO founder Ezzat after grossly unfair trials or without legal Ghoneim and lawyer Hoda Abdelmoneim on basis. Security forces arbitrarily arrested charges of “spreading false news” or hundreds of actual or perceived government “terrorism” solely for their peaceful human critics. rights or political work. In February, authorities arbitrarily detained Between June and December, emergency leading businessman Seif Thabet, two courts convicted student Ahmed Samir months after his father, Safwan Thabet, was Santawy; opposition politicians Zyad el- arrested, because of their refusal to hand Elaimy, Hossam Moanis and Hisham Fouad; over assets of their successful company activist Alaa Abdel Fattah, lawyer and NGO Juhayna. Both remained detained in founder Mohamed Baker and blogger prolonged solitary confinement without trial or Mohamed Ibrahim, known as “Oxygen”, of formal charge. “spreading false news” and sentenced them Prosecutors and judges renewed the pretrial to between three and five years’ detention of thousands of individuals held imprisonment for criticizing Egypt’s human pending investigations into unfounded rights record, economic policy and living terrorism-related charges without allowing standards. them to challenge its lawfulness. In October, ENFORCED DISAPPEARANCES the Ministry of Justice issued a decree allowing for the renewal of pretrial detention Authorities subjected hundreds of detainees remotely without guaranteeing respect of due to enforced disappearance in NSA premises, process. police stations and other unknown locations. The Supreme State Security Prosecution The NSA removed prisoners of conscience (SSSP), a special branch of the Public and others held for political reasons from Prosecution responsible for investigating their habitual places of detention following security threats, continued to bypass release court release orders and concealed their fate orders by judges or prosecutors for and whereabouts for up to three months. individuals in prolonged pretrial detention, No investigations were ordered into the 23- including those detained beyond the two-year month enforced disappearance of Manar legal limit, by issuing new detention orders Adel Abu el-Naga with her toddler son over similar charges based on secret NSA preceding her February questioning on investigations – a practice known as terrorism-related charges by the SSSP. Her “rotation”. Similar tactics were employed to husband, Omar Abdelhamid, remained keep convicted prisoners in detention after forcibly disappeared since March 2019. they had served their sentences. On 15 June, TORTURE AND OTHER ILL-TREATMENT the SSSP ordered the detention of human rights lawyer Mohamed Ramadan pending Security forces tortured and otherwise ill- investigations into a new case, days after a treated detainees, including through court ordered his release from his three-year beatings, electric shocks, suspension in pretrial detention. contorted positions and indefinite solitary The SSSP referred at least 28 arbitrarily confinement in dire conditions. At least 56 detained human rights defenders, opposition detainees died in custody following medical politicians and activists to trial by emergency complications and four others died following 2 courts. Proceedings in these courts are reports of torture. Authorities failed to Amnesty International Report 2021/22 154

investigate the causes and circumstances of parliament toughened penalties for female these deaths. genital mutilation. In March, prosecutors failed to investigate In October, 98 women became State claims that a police officer beat Mohamed Council judges, but women remained under- Abdelaziz to death in his workplace in Shebin represented or excluded from most judicial el-Qanater in Qalyubia governorate. and prosecutorial bodies. Conditions in prisons and other detention Authorities continued to prosecute women 3 facilities remained cruel and inhuman, with social media influencers for how they acted, prisoners reporting overcrowding, poor dressed and earned money on social media ventilation, and lack of hygiene and access to apps. In June, Hanin Hossam and Mawada sanitation facilities and adequate food, el-Adham were sentenced to 10 and six years drinking water, fresh air and exercise. in prison respectively, for inciting “indecent” Authorities continued to restrict or ban content and “human trafficking”. At least family visits and correspondence and deny seven women social media influencers prisoners access to adequate healthcare, in remained imprisoned on morality-related or some cases deliberately with the apparent other bogus charges. purpose of punishing dissent. Authorities failed to prevent and investigate DEATH PENALTY widespread violence against women and girls. In May, authorities released all suspects Courts, including terrorism circuits of criminal due to “lack of evidence” in a case courts and emergency courts, handed down concerning a gang rape at a Cairo hotel in death sentences after grossly unfair trials. 2014. At least two witnesses reported being On 29 July, an emergency court, whose pressured by security agents to change their convictions and sentences are not subject to testimonies. appeal, sentenced 16 men to death following Authorities continued to arrest and a grossly unfair trial in a case relating to prosecute individuals on the basis of their 4 deadly attacks. real or perceived sexual orientation or gender Executions were carried out, often in secret identity. In August, a court convicted four and without final family visits. On 26 April, men of engaging in same-sex sexual relations the authorities executed 82-year-old Abd and sentenced them to prison terms ranging alRahim Jibril and eight others convicted of from six to nine years. killing police officers in August 2013. Their mass trial was marred by torture-tainted WORKERS’ RIGHTS “confessions”. In other cases, several men Authorities repressed workers’ right to strike were executed for offences not meeting the and form independent trade unions, and threshold of most serious crimes, including penalized workers for expressing their drug trafficking. opinions or demands. They failed to protect SEXUAL AND GENDER-BASED dozens of workers unfairly dismissed, punished and harassed by private companies DISCRIMINATION AND VIOLENCE 5 for their involvement in peaceful strikes. Women continued to face discrimination in In September, a court in Alexandria law and practice. sanctioned the dismissal without In February, the cabinet referred a new draft compensation of a public sector company personal status law to parliament, which worker for “publicly expressing his political retained discriminatory provisions against opinions”. The same month, authorities women in relation to marriage, divorce, child arbitrarily detained three Universal Company custody and education, and granted powers workers for two days for exercising their right to male guardians to judicially annul women’s to strike. marriage without their consent. In April, In August, the president ratified a new law, allowing for the unfair, automatic dismissal of Amnesty International Report 2021/22 155

public sector employees included on the “list “thuggery” and “sabotaging a public facility” of terrorists”. This followed official statements by an emergency court, which acquitted calling for the dismissal of railway workers them in December. affiliated to the outlawed Muslim Brotherhood FREEDOM OF RELIGION AND BELIEF group, blamed for frequent fatal train crashes. Christians continued to face discrimination in RIGHT TO HEALTH law and practice. Their right to worship remained restricted by a discriminatory 2016 The health system continued to struggle with law on building and repairing churches Covid-19 outbreaks, and the government requiring approval from security agencies failed to address concerns raised by health and other state bodies, through lengthy, workers over their unsafe working conditions, complicated and opaque procedures. including inadequate healthcare facilities, According to the Egyptian Initiative for training and protection equipment. In Personal Rights, since the enactment of the November, the president ratified a law law, fewer than 20% of applicants were criminalizing the publication of information granted full registration and at least 25 on pandemics, using vaguely worded churches remained closed on the grounds of grounds. their illegal status or on the pretext of A national Covid-19 vaccine programme avoiding sectarian tensions. was announced in January, but less than Authorities failed to protect Christians in 22% of the population had been fully North Sinai from violence by armed groups. vaccinated by the end of the year. The roll- In April, the organization Sinai Province, an out was marred by lack of transparency, affiliate of the armed group Islamic State, delays in vaccinating health workers and released a video showing the execution-style other at-risk groups, and failure to prioritize shooting of Nabil Habashy, a Christian, in marginalized people and carry out awareness reprisal for his involvement in establishing a raising in remote rural and poor urban areas local church. Authorities failed to secure the to tackle vaccine hesitancy.6 safe return of his family and hundreds of Some prisoners held for political reasons other Christians forcibly displaced from North were excluded from the prison vaccine roll- Sinai following violent attacks in 2017 or to out. Authorities refused requests by detained provide them with any compensation for lost 69-year-old ailing opposition politician property and livelihoods. Abdelmonim Aboulfotoh to be vaccinated. At Members of religious minorities and least eight detainees died in custody after Muslims not espousing state-sanctioned displaying Covid-19 symptoms. religious beliefs were prosecuted and FORCED EVICTIONS imprisoned on “defamation of religion” and other bogus charges. In November, an Authorities carried out forced evictions in emergency court sentenced lawyer Ahmed informal settlements and arbitrarily detained Maher to five years in prison for “defamation dozens of people for protesting against home of religion” for his book on Islamic demolitions. jurisprudence. On 4 June, security forces used tear gas to disperse a protest in Ezbet Nady al-Seid, a REFUGEES’ AND MIGRANTS’ RIGHTS neighbourhood in Alexandria, against plans Authorities continued to arbitrarily arrest to relocate its residents without consultation dozens of refugees and migrants and detain or adequate compensation. At least 40 them indefinitely in cruel and inhuman protesters were arrested and detained at a conditions for irregularly entering or riot police camp. They were released nine attempting to leave Egypt. Some had been days later, but 13 were tried on charges of held for years without access to asylum “participating in unauthorized protests”, procedures or due process. Amnesty International Report 2021/22 156

From October to the end of the year, In September, Bitcoin, one of the world's authorities forcibly returned 40 Eritrean most popular cryptocurrencies, was adopted nationals, detained since October 2019, to as legal tender without any public Eritrea without allowing them to challenge the consultation. The same month, the decision to remove them or access asylum Constitutional Chamber of El Salvador's procedures. Supreme Court issued a ruling allowing the country's presidents to stand for immediate 1. Egypt: “This Will Only End When You Die”: National Security Agency re-election, giving the green light to the Harassment of Activists in Egypt (Index: MDE 12/4665/2021), 16 current president, Nayib Bukele, to stand for September a possible second term. 2. “Egypt: Stop trials by emergency courts", 31 October There were mass demonstrations against a 3. Egypt: “What Do I Care if You Die?”: Negligence and Denial of Health variety of state policies from September Care in Egyptian Prisons (Index: MDE 12/3538/2021), 25 January onwards. In response, in September, 4. “Egypt: Retry 36 men facing execution following unfair trials by President Bukele sought to publicly discredit emergency courts”, 8 November the demonstrations and threatened that tear 5. “Egypt: Authorities fail to protect striking workers from reprisals”, 25 gas could be used against demonstrators in November future. 6. “Egypt: Haphazard and flawed Covid-19 vaccine roll-out fails to prioritize most at-risk", 29 June FREEDOM OF EXPRESSION Journalists and media outlets reported further attacks on media freedom, including an EL SALVADOR upsurge in public unfounded accusations against them; obstacles in carrying out their Republic of El Salvador work, including in accessing public Head of state and government: Nayib Armando Bukele information; and the refusal of high-ranking Ortez officials to answer questions.1 In February, the Inter-American Commission The erosion of human rights in El Salvador on Human Rights (IACHR) granted intensified. An upsurge of attacks and precautionary measures in favour of 34 staff obstacles targeting the independent media members of the digital newspaper El Faro. was reported and human rights The IACHR stated that the information organizations were publicly stigmatized by received suggested that the harassment, high-ranking government officials, including threats and intimidation they reported the president. The rights of the victims of experiencing were intended not only to crimes under international law committed intimidate them but also to prevent them during the internal armed conflict from going about their work as journalists. (1980-1992) remained unfulfilled. A total In June, the minister of justice and public ban on abortion remained in place. security stated that some media publications BACKGROUND were apologists for crime and said that the authorities were “following up on many The ruling party and its allies secured a journalists”. According to media reports, in majority of seats in the Legislative Assembly October the vice-president stated publicly in elections held in February. that some journalists should be prosecuted An OAS Electoral Observation Mission for slander. reported the use of state institutions to During September, the Roundtable for the publicly promote the government's Protection of Journalists reported that administration even during the period of employees of the Legislative Assembly, high- electoral silence provided for in law. The level public officials and even President Mission also received complaints about the Bukele had intensified their attacks, threats use of public resources to influence voters. and smears against journalists. In addition, Amnesty International Report 2021/22 157

they reported that the main legal adviser to accused them of being part of the political the President's Office had threatened the opposition. media outlet GatoEncerrado to try to force it Spaces for regular and effective dialogue to reveal its sources for an investigation between government bodies and human related to the adviser. Meanwhile, in rights organizations to contribute to the November, it was reported that NSO Group’s design of public policies were closed or Pegasus spyware technology was used in El virtually non-existent. Salvador for the surveillance of journalists In May, a Legislative Assembly commission and civil society members. shelved the draft Law on the Comprehensive RIGHT TO A FAIR TRIAL Recognition and Protection of Human Rights Defenders and the Guarantee of the Right to In May, the new Legislative Assembly Defend Human Rights, presented to the removed the magistrates of the Constitutional Assembly several years earlier. Human rights Chamber of the Supreme Court of Justice organizations warned that this could and the Attorney General of the Republic, an perpetuate the context of hostility faced by act considered by various sectors to be an human rights defenders. attack on the rights to access justice and to In September, the IACHR granted judicial independence.2 precautionary measures in favour of Bertha At the end of August, the Legislative Deleón, a human rights defender, observing Assembly approved a set of reforms that that a situation of animosity and hostility had reduced the length of time judges can serve been generated that could translate into a from 35 to 30 years and set the maximum situation of risk to her life and safety. age for magistrates at 60. The IACHR In November, the Ministry of the Interior rejected the reforms and called on the and Territorial Development presented a draft authorities to respect judicial independence. Law on Foreign Agents before the Legislative RIGHT TO TRUTH, JUSTICE AND Assembly. If passed, the law would affect the REPARATION funding, operations and freedom of association of those working to defend 3 Impunity for the El Mozote massacre, human rights in the country. committed in 1981 during the armed conflict, SEXUAL AND REPRODUCTIVE RIGHTS persisted. In March, victims of the massacre reported to the Inter-American Court of The total ban on abortion remained in place Human Rights that the authorities had and by December at least 11 women refused to provide information on the case, remained in jail on charges related to especially that contained in military archives, obstetric emergencies. and that the Office of the Attorney General In May, a proposal to reform the Criminal had not made significant progress in the Code to decriminalize abortion on four investigation of any of the dozens of cases grounds, presented several years earlier, was filed by victims. shelved by a Legislative Assembly In September, local organizations stated that commission. Additionally, the president major changes affecting the judiciary publicly stated that he would not propose any resulting from the legal reforms would also constitutional reform that includes the have an impact on the reopened cases of decriminalization of abortion. victims of the armed conflict. During October, the Legislative Assembly HUMAN RIGHTS DEFENDERS shelved a new proposal presented by women's rights groups for the High-ranking government officials publicly decriminalization of abortion in certain stigmatized and disparaged human rights circumstances. defenders and their organizations, and Amnesty International Report 2021/22 158

members of the security forces at her home 1. “El Salvador: Nayib Bukele’s recipe for limiting the exercise of human in the capital, Malabo, and held in a cell with rights”, 19 July dozens of men at the Judicial Police station. 2. “El Salvador: Human rights in danger”, 2 May A regular user of social media to denounce 3. El Salvador: Law initiative endangers NGOs, HRDs and media (Index: the situation of women in the country, in the AMR 29/5041/2021), 24 November months before her arrest Noelia Asama also made Facebook posts highlighting EQUATORIAL insalubrious conditions at the central food market and corruption in the main trade port. When released the following day, she was GUINEA questioned by officials about posting videos to social networks as well as about her social Republic of Equatorial Guinea media calls for President Obiang to step Head of state and government: Teodoro Obiang down. Nguema Mbasogo Noelia Asama called for a demonstration to take place on 16 October against the Freedom of expression was severely extension of the curfew to fight against restricted and harassment of human rights Covid-19. The demonstration was not defenders and social media activists authorized by the authorities and she continued. The right to a fair trial was received an official letter requiring her to violated. The death penalty remained present herself at the government regional despite renewed commitment for its delegation on 19 October. From there she abolition. The right to health was restricted, was taken to a police station and detained for mainly due to shortage of medicines. five hours before being released and told to BACKGROUND wait for further notifications and not leave the country. After more than 40 years under President HUMAN RIGHTS DEFENDERS Obiang Nguema Mbasogo and several years of economic recession, Equatorial Guinea’s Harassment and intimidation of human rights foreign relations were marred by corruption defenders and activists continued. cases. On 22 July, the country closed its On 26 May, at a meeting in Malabo with embassy in London after the UK applied opposition members, President Obiang sanctions against Teodoro Nguema Obiang accused Tutu Alicante, Executive Director of Mangue, vice-president and son of the EG Justice and member of the president, over corruption allegations. On 28 Equatoguinean Commission of Jurists, of July, the French Court of Cassation upheld receiving funds from US oil companies to his conviction on charges of embezzlement of destabilize the country. public funds. ARBITRARY DETENTIONS Throughout 2021, restrictive measures to address Covid-19 were reviewed and applied On 14 September a Health Ministry differently in the regions according to representative ordered six health workers at infection rates. the Campo Yaunde Health Centre in Malabo FREEDOM OF EXPRESSION to attend a police station to answer questions regarding a complaint about Covid-19 In its 2021 report, Reporters Without Borders vaccines being sold at the health centre to ranked Equatorial Guinea at 164 among 180 vaccinate foreigners. They were detained for countries in its press freedom index, citing a week without access to a lawyer before a strict censorship of media and journalists. judge released them for lack of formal On 29 July, social activist Noelia Asama was charges and no convincing proof of the arrested without warrant by six plain-clothed accusation. The daughter of one of the health Amnesty International Report 2021/22 159

workers was also detained for several days for treatments for people living in extreme posting information on their situation on poverty. social media. RIGHT TO A FAIR TRIAL WOMEN’S RIGHTS The first National Assembly on Women in Explosions at the Nkoantoma military base in Equatorial Guinea took place on 19 June. Bata on 7 March left at least 100 people Despite such initiatives to empower women, dead and more than 600 others injured. pregnant girls continued to be banned from Lieutenant Colonel Valentín Nzang Nga school following a 2016 order issued by the Bindang, the head of the military base, and Ministry of Education as a purported means Corporal José Antonio Obama Nsue were to reduce adolescent pregnancies. found guilty of homicide and negligence and sentenced respectively to 32 and 50 years’ imprisonment by the military court of Bata. ERITREA The sentences were made public on 2 July. Some national and international NGOs State of Eritrea expressed concerns about the military Head of state and government: Isaias Afwerki procedure, which hindered the rights of the defendants and did not allow the victims and The arbitrary detention and enforced their families to participate in the disappearance of hundreds of individuals proceedings. continued. Conscripts to mandatory national DEATH PENALTY service were forced to serve for indefinite periods. Eritrea did not provide a Covid-19 In response to the stated aim of the president vaccination programme. of Cabo Verde and interim president of the BACKGROUND Community of Portuguese Language Countries (CPLP) that Equatorial Guinea Since November 2020, the Eritrean Defence should make “quicker” progress towards Forces (EDF) fought alongside Ethiopian abolition of the death penalty, the government forces against the Tigray People’s ambassador for Equatorial Guinea in Liberation Front (TPLF) in the Tigray region of Portugal, Tito Mba Ada, said on 13 July that Ethiopia. During the conflict, members of the his country would enact the new Criminal EDF, as well as Ethiopian security forces and Code, which would abolish the death penalty militia, committed serious human rights “very soon”. No such steps had been taken violations, including sexual violence against by the end of the year. women and extrajudicial killings of civilians, RIGHT TO HEALTH that could amount to war crimes and crimes against humanity (see Ethiopia entry). In August, according to Ministry of Health ARBITRARY ARRESTS AND ENFORCED data, around 144,000 Equatorial Guineans DISAPPEARANCES were fully vaccinated against Covid-19, out of a total population of about 1.4 million. The Eritrean authorities continued to subject Vaccination was obligatory from July for hundreds of individuals to arbitrary detention soldiers, health workers and teachers. and enforced disappearance. Journalists, According to the French newspaper Le former politicians and practitioners of Monde, the country faced a shortage of unauthorized religions remained in detention medicines, including essential ones, due to without charge or access to lawyers or family alleged lack of investment by the Ministry of members. The whereabouts of 11 politicians Health in the purchase of drugs. This led to and 17 journalists arrested and detained 20 increased prices, thus preventing access to years ago for criticizing the president’s rule remained unknown. Amnesty International Report 2021/22 160

Among those forcibly disappeared were DISCRIMINATION Swedish journalist Dawit Isaak, Berhane The legislative framework did not include Abrehe, a former finance minister who religion/belief, age, sexuality, sexual published a book criticizing the president in orientation or gender identity as grounds for 2018, and Ciham Ali. An Eritrean/US discrimination, other than in the context of national, Ciham Ali was arrested in December employment, resulting in gaps in protection 2012 at the Sudan border as she tried to flee in relation to housing, healthcare, social Eritrea when she was 15. Shortly before the welfare, education and claiming damages. authorities took her, her father, then a RIGHTS OF PEOPLE WITH DISABILITIES minister of information in the Eritrean government, had gone into exile. The UN Committee on the Rights of Persons FORCED LABOUR with Disabilities identified gaps in the rights of people with disabilities including access to The government continued to conscript high- justice, education, healthcare and sexual and school students to the mandatory national reproductive rights, in particular for women service programme. Conscripts were forced and girls, and noted the disproportionate to serve for indefinite periods and beyond the impact of the pandemic on people with legal limit of 18 months. Thousands of disabilities. individuals remained in indefinite conscription, sometimes having served for 10 WOMEN’S AND GIRLS’ RIGHTS years or more. The definition of rape still failed to comply RIGHT TO HEALTH with the Council of Europe Convention on preventing and combating violence against The government response to Covid-19 was women and domestic violence (Istanbul inadequate and there was no vaccination Convention), being based on violence, with programme in place by the end of the year. other non-consensual sexual acts carrying less weight. Women applying for restraining orders had to face the alleged perpetrator in ESTONIA the courtroom. Domestic violence was not always considered in custody proceedings. Republic of Estonia Estonia had the highest gender pay gap in Head of state: Alar Karis (replaced Kersti Kaljulaid in the EU. October) Head of government: Kaja Kallas (replaced Jüri Ratas REFUGEES’ AND MIGRANTS’ RIGHTS in January) Deficiencies were reported in the procedures followed by the PGBG when assessing There continued to be no legal bar on asylum claims. In some cases, they discrimination on grounds of religion, age, reportedly refused to accept applications and sexual orientation or gender identity. Gaps tried to persuade asylum seekers to return to remained in the rights of people with their country of origin. The Estonian Human disabilities, as well as the protection of Rights Centre (EHRC) noted the frequent women from violence. Police and Border reversal of PGBG decisions by the courts. Guards Board (PGBG) did not follow due process when assessing asylum claims. LGBTI PEOPLE’S RIGHTS Same-sex couples still struggled to enforce An EHRC survey documented a significant their rights under the Registered shift in attitudes towards LGBTI people, with Partnership Act 2016. 64% of the population supporting the Registered Partnership Act 2016 allowing same-sex couples to register. By the end of the year, however, the Act had still not been Amnesty International Report 2021/22 161

implemented and court proceedings including 38 children, had been arbitrarily remained the only way to enforce the rights arrested. MPs Mduduzi Bacede Mabuza and guaranteed by the Act. In September, the Mthandeni Dube were arrested on 25 July, Supreme Court declared the Aliens Act since when they have been held on trumped- unconstitutional insofar as it did not allow the up charges and denied bail.2 granting of residence permits to registered The Eswatini Communications Commission partners of same-sex couples. ordered network providers and telecommunications to shut down the ESWATINI internet on 29 July and again on 15 October.3 EXCESSIVE USE OF FORCE Kingdom of Eswatini Thousands of peaceful protesters were Head of state: Mswati III violently dispersed by army and police Head of government : Cleopas Dlamini (replaced personnel who used live ammunition, rubber Themba Nhlanganiso Masuku in July) bullets and tear gas (see above, Freedom of expression and assembly). More than 80 The government launched a brutal people had been killed by October and over crackdown on human rights in response to 200 people were injured, some severely. pro-democracy and anti-police brutality Dozens of those injured during June and protests. Repressive laws were used to July were left with permanent disabilities, silence dissent and crack down on peaceful compounding the already dire economic, protesters, including children. Violence social and cultural situation of many against women and girls increased under EmaSwati people. Hospitals were Covid-19 restrictions. Consensual same- overwhelmed by the surge in demand and sexual conduct remained a criminal there were widespread reports of police and offence. Hundreds of families remained at army officers coercing medical staff to hand risk of forced eviction. over evidence such as bullets removed from FREEDOM OF EXPRESSION AND protesters’ bodies. ASSEMBLY DISCRIMINATION In May, the government launched a brutal GENDER-BASED VIOLENCE crackdown on human rights in response to Incidents of gender-based violence persisted ongoing protests demanding an end to police and one in three women had experienced brutality and calling for democratic reform. such abuse by the age of 18; 48% of women The protests were sparked by the suspicious reported having experienced some form of death of 25-year-old law student Thabani sexual violence. The 2018 Sexual Offences Nkomonye, allegedly at the hands of Royal and Domestic Violence Act was not enough Eswatini Police Service officers. They were on its own to combat violence against women led by young activists, human rights and girls, especially when economic defenders, and civil society and political conditions and social and cultural norms groups who demanded an end to years of posed a continual barrier to justice and political repression.1 largely enabled perpetrators to act with The authorities used repressive laws, impunity. Covid-19 lockdown measures including the 1938 Sedition and Subversive hindered survivors’ access to support Activities Act and the 2008 Suppression of services and justice mechanisms and Terrorism Act, to silence critics. Journalists, increased the risk of violence. human rights defenders and political activists Girls were particularly affected due to school were prosecuted and jailed; they lived in fear closures resulting in rising numbers of of reprisals for speaking out against teenage pregnancies. repression. By October, over 1,000 people, Amnesty International Report 2021/22 162

LGBTI PEOPLE’S RIGHTS Consensual same-sex sexual conduct ETHIOPIA remained a criminal offence. The High Court failed to issue its judgment Federal Democratic Republic of Ethiopia more than one year after hearing a petition Head of state: Sahle-Work Zewde from the Eswatini Sexual and Gender Head of government: Abiy Ahmed Ali Minorities advocacy group which challenged the Registrar of Companies’ 2019 decision to All parties to the armed conflict committed refuse its application to register as an serious human rights violations and abuses, organization. In rejecting the application, the including extrajudicial executions and Registrar had argued that consensual same- sexual violence against women and girls, sex sexual acts were “unlawful” and and millions of people were internally “unnatural”. displaced. Humanitarian aid was denied to ECONOMIC, SOCIAL AND CULTURAL millions of people in Tigray. Ethnic violence RIGHTS claimed at least 1,500 lives. Police carried out arbitrary arrests and detentions in the FORCED EVICTIONS context of the state of emergency. Forced evictions, instigated by landowners Vaccination rates against Covid-19 who were taking steps to regain their land, remained low. continued to threaten the right to adequate BACKGROUND housing of hundreds of EmaSwati families. Marginalized groups such as widows, or The armed conflict in Tigray continued families where households were headed by throughout 2021 and spread to the children or women, were the most affected; neighbouring regions of Afar and Amhara in they were more likely to have insufficient July. Armed violence also erupted in the means to challenge evictions. Benishangul-Gumuz, Amhara, Oromia, Afar Those under threat of imminent eviction and Somali regions. In November, the were particularly disadvantaged by the deeply government adopted a state of emergency flawed land governance system. Residents’ law with sweeping restrictions on human legal challenges to evictions had been rights. ongoing since 2014 in Gege and 2019 in VIOLATIONS OF INTERNATIONAL Sigombeni; they were continually shuffled HUMANITARIAN LAW between ministries, chiefdoms and courts, delaying justice. In July and September, All parties to the armed conflict perpetrated communities in Velezizweni and in Ntontonzi, violations of international humanitarian law respectively, were threatened with eviction, that amounted to war crimes, some of which affecting 130 families. may have amounted to crimes against humanity. The conflict resulted in thousands 1. Eswatini: Authorities Launch Brutal Assault on Human Rights with of civilian deaths mainly based on ethnic Crackdown on Dissent (Index: AFR 55/4247/2021), 7 June identity, destruction and looting of property, 2. “Eswatini: Authorities must drop trumped-up charges against MPs and displacement of communities. According to the UN, millions of people were internally and release them immediately and unconditionally”, 29 July 3. “Eswatini: Detained MPs must be immediately released and all displaced and more than 70,000 fled to Sudan. Amnesty International documented charges against them dropped”, 19 October extrajudicial executions of hundreds of people, rape, indiscriminate attacks on civilians and civilian infrastructure, blockades on humanitarian assistance, and arrests and detentions based on ethnic profiling.1 Amnesty International Report 2021/22 163

TARGETED ATTACKS ON CIVILIANS family, including a four-month-old baby – and On 8 January, following fighting between the wounded one more. According to survivors Ethiopian National Defense Force (ENDF) and other witnesses, there was no military and the Tigray People’s Liberation Front target in the vicinity. (TPLF) on the outskirts of Bora town in Tigray, SEXUAL AND GENDER-BASED VIOLENCE ENDF soldiers raided houses in the town and Troops fighting in support of the federal killed at least 40 civilians including farmers, government committed widespread rape civil servants and students. Families of those against hundreds of women and girls in killed were not allowed to collect and bury the Tigray, although access difficulties and under- dead. On 9 January, after the ENDF unit reporting obscured the actual figures which commander in the town held a meeting with were likely to be much higher. These residents, ENDF soldiers collected the bodies violations included gang rape, used against on a truck and took them to the nearby women and girls as a weapon of war in this graveyard at Abune Aregawi church. They conflict. This was accompanied by shocking were buried unceremoniously without a levels of brutality, including beatings, death funeral requiem or observation of other threats and ethnic slurs. The perpetrators rituals. Families were present, but the included members of the Eritrean Defence soldiers warned them not to cry during the Forces (see Eritrea entry), the ENDF, the 2 funeral. Amhara Police Special Forces and Fano. In Edaga Berhe, a town near Axum, ENDF TPLF fighters also raped women in Nifas soldiers killed at least 30 civilians on 5 Mewcha town, in the South Gondar zone of February, two days after nearby fighting with Amhara region, while they were controlling TPLF members. Witnesses identified the the town between 12 and 21 August as part ENDF by their uniforms and their use of the of their offensive into parts of the Amhara 3 Amharic language. and Afar regions. On 17 January in Adi-Goshu town, Western Given the context, scale, and gravity of the Tigray, the Amhara Police Special Force and sexual violence committed against women Fano, an informal Amhara militia group, and girls in Tigray and Amhara, the violations killed at least 50 residents in a reprisal attack amounted to war crimes and may have following fighting between the Amhara Police amounted to crimes against humanity. Special Force and TPLF forces near the River Survivors of sexual violence in Amhara and Tekezie bridge the previous night. The Tigray faced multiple difficulties. Support Amhara Police Special Force and Fano services were severely limited and survivors seized the victims from their houses and the were unable to access adequate medical, surrounding area and took them to the town’s psycho-social and economic assistance to police station before driving them to the River meet their needs. Medical facilities, for Tekezie bridge on a truck and executing example, had been destroyed or looted them. during the conflict. This was further INDISCRIMINATE ATTACKS ON CIVILIANS compounded by restrictions on humanitarian On 22 June, an airstrike by the ENDF on the and medical assistance in Tigray. Edaga Selus village market in Tigray killed DENIAL OF HUMANITARIAN ACCESS more than 50 and wounded many others According to the UN, following the withdrawal among the civilian population. Survivors told of Ethiopian forces from Tigray in July, the Amnesty International that the attack took Ethiopian federal government allowed only place around noon on market day while there 10% of the humanitarian aid intended for was no known military target nearby. Tigray to enter the region, resulting in On 19 August, in Debre Tabor town in starvation. The UN estimated that there were Amhara region, an artillery attack on a 400,000 people in famine-like conditions and residential area, allegedly by TPLF forces, more than 5 million people in need of killed six people – five of them from the same emergency food assistance. All medicine was Amnesty International Report 2021/22 164

blocked from entering the region from July. Dawud Ibsa, the chairman of the Oromo This led to an alarming deterioration in the Liberation Front, an Ethiopian opposition health of the population as a result of political party, remained under house arrest depleted anti-HIV, cancer and diabetes in Addis Ababa. Since his arrest on 3 May, medication, as well as starvation. The last aid the police have not allowed anyone to leave convoy allowed into Tigray was on 25 or enter the compound of his residence. November, and it was not carrying medicine. RIGHT TO HEALTH ABUSES BY ARMED GROUPS The Ministry of Health reported close to Ethnic violence claimed at least 1,500 lives in 400,000 cases of Covid-19 and 6,531 deaths the Oromia, Amhara, Benishangul-Gumuz, as a result of the virus, by December. Political Afar and Somali regions. gatherings including indoor meetings, Territorial disputes between the Somali and continued. The ministry administered almost Afar regions triggered repeated armed 5 million Covid-19 vaccine doses, received violence. In January, an attack by the Somali from donor countries. According to the WHO Issa militia in Adaytu village killed at least 40 Regional Office for Africa, as of 2 December, members of the Afar and federal police. On 6 Ethiopia had fully vaccinated only 1.23% of April, at least 30 people were killed during its population. armed violence between Afar and Somali people. On 24 July, hundreds of residents 1. “Ethiopia: End arbitrary detentions of Tigrayans, activists and were killed in an armed attack by Afar people journalists in Addis Ababa and reveal whereabouts of unaccounted on Gerba Isse town. Following the attack, at detainees”, 16 July least three women were gang raped. 2. “I Don’t Know if They Realized I Was a Person”: Rape and Sexual On 19 March, several days of violence Violence in the Conflict in Tigray, Ethiopia (Index: AFR 25/4569/2021), broke out in Ataye town in the North Shewa 11 August Zone, Amhara region, and spread to 3. “Ethiopia: Survivors of TPLF attack in Amhara describe gang rape, neighbouring areas of the Oromia Special looting and physical assaults”, 9 November Zone, resulting in hundreds of deaths, and 4. “Ethiopia: Tigrayans targeted in fresh wave of ethnically motivated destruction and looting of property. detentions in Addis Ababa”, 12 November ARBITRARY ARRESTS AND DETENTIONS FIJI Police in the capital, Addis Ababa, and other cities arbitrarily arrested and detained thousands of Tigrayans. The arrests appeared Republic of Fiji to be ethnically motivated and the police Head of state: Wiliame Maivalili Katonivere (replaced checked identity documents before arresting Jioji Konrote in November) and taking people to detention centres. Head of government: Josaia Voreqe “Frank” Tigrayan activists, journalists and media Bainimarama workers at media outlets Awlo Media and Repressive laws were used to silence critics Ethio Forum, who reported on the situation in and the right to peaceful assembly was Tigray region, were among those arrested. restricted. The government introduced The use of arbitrary detention against oppressive measures in response to the Tigrayans increased after the government Covid-19 pandemic including harsh declared a state of emergency on 2 lockdowns and fines that disproportionately November. The measure allowed the affected people living in informal authorities to arrest, without a warrant, settlements. anyone if there was “reasonable suspicion” BACKGROUND that they had cooperated with “terrorist groups”, and to detain them without judicial In September, the government declared a 4 review indefinitely. climate emergency and passed a Climate Amnesty International Report 2021/22 165

Change Act aimed at fulfilling commitments security forces monitored movement in and to reduce emissions under the Paris out of such settlements and there were Agreement. In November, Fiji called for complaints about the excessive use of force. stronger international carbon reduction commitments by 2030 at the global COP26 WOMEN’S RIGHTS meeting but failed to increase its own targets. Women in parliament, including the minister FREEDOM OF EXPRESSION AND for women, children and poverty alleviation, ASSEMBLY were subjected to misogynistic and sexist remarks by parliamentary colleagues and Authorities deported the vicechancellor of the online bullying and harassment. University of South Pacific (USP) in February Women’s rights organizations highlighted after he exposed the misuse of funds at the the increased prevalence of gender-based university in 2020. The government violence and unemployment among women subsequently withdrew funding to the USP as a result of the pandemic. after it reinstated the vice-chancellor to work INDIGENOUS PEOPLES’ RIGHTS from the university’s Samoa campus. The Public Order Act and other laws were In July, the parliament passed amendments used to target and silence government critics. to the iTaukei Land Trust Act without A former doctor and a politician were adequate public consultation. The amended arrested in August after criticizing the law removed the requirement for consent by government’s Covid-19 pandemic response the iTaukei Land Trust Board for mortgages on social media. and leases issued on land owned by In May, the authorities denied trade unions Indigenous peoples. More than a dozen permission to hold a Labour Day march for people were arrested for voicing their the sixth consecutive year. opposition to the amendments, including two RIGHT TO HEALTH former prime ministers and the leaders of three major opposition parties. More than 730 people, including health workers, died from Covid-19. These deaths 1. Fiji: Blanket Mandatory Vaccine Policy Not Justified (Index: ASA were mainly attributed to the inadequately 18/4662/2021), 1 September resourced healthcare system. Hospitals turned away thousands of other patients due to bed shortages. FINLAND In August, the government imposed a mandatory Covid-19 vaccination policy which Republic of Finland required all employees and people on social Head of state: Sauli Niinistö welfare to be vaccinated or lose their jobs or Head of government: Sanna Marin 1 benefits. A survey conducted by the Fiji Women’s Social security benefits were inadequate, Rights Movement found that 42.3% of with particular impact on those most at risk women were hesitant about having the of discrimination. Sexual offences vaccine. The government nevertheless failed increased. Family reunification of refugees to prioritize health education and public remained difficult. Legislation around engagement on its vaccination policies. gender recognition was found wanting. Hundreds of fines were issued to private RIGHT TO SOCIAL SECURITY businesses and individuals between May and September for breaches of curfew and mask- Inadequate provision of social security wearing regulations. People living in informal benefits meant some people went without settlements were disproportionately affected sufficient food, medicine or healthcare by stay-at-home orders. The police and other because of a lack of financial resources. The Amnesty International Report 2021/22 166

Covid-19 pandemic exacerbated economic published draft legislation aimed at removing distress for those at risk and had a negative some of the obstacles. impact especially on the income of young In July, the European Court of Human women. Rights annulled its 2019 judgment that There were calls for the provision of social Finland had violated the European security to be raised to a level that ensures Convention on Human Rights when it the realization of human rights and for returned an Iraqi asylum seeker without human rights to be placed at the heart of adequately assessing the risks. proposed reforms, with a focus on the rights In August, legal changes improving asylum of people most at risk of facing seekers’ right to due process came into force. discrimination,in particular women, Sámi Concerns about the process remained, people, LGBTI people, Roma people, and including limitations on lodging an appeal to people with disabilities.1 the Supreme Administrative Court and on VIOLENCE AGAINST WOMEN AND GIRLS subsequent applications. The number of sexual offences recorded by CONSCIENTIOUS OBJECTORS’ RIGHTS the police increased by more than 20%. New In January, the Court of Appeal overturned Sexual Assault Support Centres opened in the convictions of three conscientious Kokkola and Seinäjoki in June and in Vaasa objectors sentenced for the second time for in November. refusing non-military service. In November, The response to gender-based violence parliament adopted a legislative reform, remained systematically under-resourced. In meaning that those acquitted would no April, the government decided to prepare a longer be required to serve. The length of the new model for financing the work of NGOs. alternative to military service remained In July, new legislation on health and social punitive and discriminatory. services came into force but did not include specific provisions on the prevention of 1. Finland: “I Live under Constant Duress and in a State of Emergency”: violence against women. Inadequate Social Security in Finland (Index: EUR 20/4804/2021), 31 A bill establishing the post of a Rapporteur August on Violence against Women was adopted by the parliament in October. FRANCE LGBTI PEOPLE’S RIGHTS In April, the UN Human Rights Committee French Republic expressed concern that the amended gender Head of state: Emmanuel Macron recognition legislation would not apply to Head of government: Jean Castex minors. In June, the government appointed a The laws on “global security” and working group to propose legislative changes “strengthening republican principles” raised to strengthen the realization of transgender concerns in relation to mass surveillance as and intersex people’s rights. In November, well as the rights to freedom of expression parliament began to consider an initiative to and freedom of association. The authorities reform the law on gender recognition. continued to use vague and overly broad criminal provisions to arrest and prosecute REFUGEES’ AND MIGRANTS’ RIGHTS peaceful protesters and used dangerous Family reunification remained difficult. In weapons for policing public assemblies. In April, the UN Human Rights Committee June, police used excessive force to recommended that Finland should remove disperse hundreds of people who had obstacles to family reunification. In peacefully gathered for a music festival. In September, the Ministry of the Interior July, a coalition of organizations filed a Amnesty International Report 2021/22 167

class action lawsuit arguing that the In June, police used excessive force to government had failed to take measures to disperse hundreds of people who had prevent racial profiling and systemic racial peacefully gathered for a music festival in discrimination by police. Transgender Redon, Brittany. The police fired weapons, people continued to be excluded from including tear gas and stun grenades, mostly access to in-vitro fertilization. The during the night. Serious injuries occurred authorities forcibly returned ethnic during the police operation, including the loss Chechens to Russia despite the high risk of of a man’s hand. The incident amounted to a their suffering serious human rights breach of both national and international law, violations in the country. In February, an which require the use of force to be administrative court ruled for the first time necessary and proportionate. At the end of ever that the authorities’ inaction in the year, the authorities had failed to launch response to the climate emergency was an effective and independent investigation illegal. into the dispersal operation. FREEDOM OF EXPRESSION In September, President Macron announced measures to ensure In April, parliament passed a “global accountability for human rights violations security” law, which included a provision committed by police, including parliamentary restricting the right to share images that oversight. However, these fell short of identified police officers. Concerns were establishing a fully independent oversight raised that press and human rights defenders mechanism. could be prevented from sharing information FREEDOM OF ASSOCIATION in the public interest on abuses allegedly committed by police. In May, the In August, the law on “republican principles” Constitutional Court ruled that this provision introduced controversial new grounds for was unconstitutional. dissolving organizations. These included, for In July, parliament passed a law aimed at example, incitement to discrimination or “strengthening republican principles”, which violence by any member of an organization entered into force in August. The law where the organization’s leaders failed to criminalized the publication of information on prevent the incitement. Even prior to this law, the private or professional life of anyone, the government had been able to dissolve an including law enforcement officials, where it organization on vague grounds and without could result in direct threats against them or requiring prior judicial scrutiny. members of their families. While the law The new law also introduced a requirement included a specific provision for the press, it for organizations seeking public funds to sign raised concerns over disproportionate a “republican contract” through which they restrictions on freedom of expression. committed to “principles of liberty, equality, FREEDOM OF ASSEMBLY fraternity and respect for human dignity”. Making funding subject to these vague The authorities continued to use vague and principles risked disproportionate restrictions overly broad criminal provisions to arrest and of the rights to freedom of association and prosecute peaceful protesters, including in freedom of expression. the context of public assemblies opposing the DISCRIMINATION new “global security” bill. In May, a court acquitted Frédéric Vuillaume, a trade unionist RACIAL, ETHNIC AND RELIGIOUS MINORITIES who had peacefully protested against the bill Civil society organizations continued to report in December 2020. Authorities had charged allegations of racial profiling by police. In him for participating in a public assembly June, the Paris Appeal Court found that three that they deemed to threaten public order. high-school students from ethnic minority backgrounds had been discriminated against Amnesty International Report 2021/22 168

in 2017 when police stopped them to check responsibility for protecting Afghan nationals their identities as they returned from a school fleeing to Europe and the suspension of trip. In July, a coalition of organizations filed a forcible returns to Afghanistan. Following the class action lawsuit to the Council of State fall of Kabul on 15 August, France continued arguing that the government had failed to to issue deportation orders to Afghan take measures to prevent racial profiling and nationals. In September, the Ministry of systemic racial discrimination by police. Interior confirmed that at least 20 Afghans Public officials expressed stereotypical had been sent to other EU countries under views and prejudices against Muslims during the Dublin regulation since the Taliban took public debates on the “republican principles” power in Afghanistan. On 29 September, four legislation. Aiming to protect neutrality and Afghan men were deported to Bulgaria. The “secularism”, the law strengthened the ban Bulgarian government continued to treat on manifesting religion or belief in the public applications of Afghan asylum seekers as sector, including by non-employee unfounded, refusing to consider them. contributers to a public service. Under Migrants and asylum seekers continued to international human rights law, these were experience degrading treatment, particularly not legitimate aims justifying restrictions to in Calais where police and local authorities the right to freedom of religion or belief. restricted their access to humanitarian LGBTI PEOPLE’S RIGHTS assistance and subjected them to In June, parliament passed a law on harassment, but also in Menton and bioethics allowing access to in-vitro Briançon where migrants were denied the fertilization (IVF) irrespective of a person’s right to apply for asylum. On 24 November, at sexual orientation or marital status. However, least 27 people drowned attempting to reach IVF continued to be unavailable to the UK by boat from Calais. Attempted transgender people. crossings continued to increase in the absence of effective access to asylum REFUGEES’ AND MIGRANTS’ RIGHTS procedures in France as well as in the The authorities continued to forcibly return context of barriers to family reunification and ethnic Chechens to Russia despite high risks no other safe and legal routes to claim of their suffering serious human rights asylum in the UK. violations there. In April, Chechen police HUMAN RIGHTS DEFENDERS abducted Magomed Gadaev – a refugee and key witness in a high-profile torture In September, a court convicted a police investigation against Chechen authorities – officer who had physically assaulted Tom two days after his deportation from France to Ciotkowsky, a human rights defender, in Russia. Magomed Gadaev’s forced return Calais in 2018. In the same month, an took place despite a ruling by the national appeal court acquitted seven human rights asylum court in March against this course of defenders who had been convicted for action. facilitating entry and circulation of irregular In September, the National Consultative migrants in Briançon in 2018. Commission on Human Rights (CNCDH) MASS SURVEILLANCE raised concerns regarding a speech that President Emmanuel Macron had made In April, the law on “global security” during the Taliban’s takeover of Afghanistan. extended the use of CCTV and included a President Macron emphasized the need to provision allowing authorities to make use of ensure protection of asylum seekers while drones to video-record people in a wide countering “irregular migration” from range of circumstances, with few exceptions Afghanistan. The CNCDH called on the and without any independent oversight. In government to facilitate the establishment of May, the Constitutional Court ruled that the a European mechanism to ensure shared latter provision was unconstitutional. Amnesty International Report 2021/22 169

In July, the government proposed a new bill CORPORATE ACCOUNTABILITY on criminal responsibility and national In September, the Senate adopted an security, which again included a provision amendment to the bill on “trust in the judicial allowing video recordings by drones in a wide system” to give commercial courts range of circumstances. While the provision competence to hear disputes over the explicitly ruled out the use of facial corporate duty of vigilance – a legal duty recognition technologies, it fell short of obliging larger companies to publish annual subjecting the use of drones to an vigilance plans to address any adverse independent oversight mechanism. At the impacts of their activities on human rights end of the year, the bill was still pending and the environment. Civil society before parliament. organizations expressed concern as they had FREEDOM OF MOVEMENT called for civil courts to have competence on these matters. On 21 October, a joint In May, the Riom Appeal Court confirmed the committee rejected the Senate’s amendment, administrative control measures in place thereby ensuring that companies’ human against Kamel Daoudi and his conviction for rights and environmental impacts would be missing a curfew in 2020, having agreed in adjudicated in the Paris civil court. In February to release him on bail while re- December, a Court of Cassation ruling examining his case. Kamel Daoudi had been recognized the jurisdiction of civil courts in subject to administrative control measures the first legal action brought under the duty restricting his rights to freedom of movement of vigilance law. and private life since 2008. FAILURE TO TACKLE CLIMATE CRISIS DETAINEES’ RIGHTS In February, an administrative court ruled for In June, the European Committee for the the first time ever that the authorities’ Prevention of Torture (CPT) raised concerns inaction in failing to tackle the climate over violence and abuse suffered by people emergency was illegal and that the in pre-charge detention, including alleged government could be held responsible for not racist and homophobic insults by police. fulfilling its commitments. The CPT also expressed concerns over overcrowding and other conditions in French prisons, as well as the detention of mentally GAMBIA ill people in regular prisons due to a lack of suitable facilities. Republic of the Gambia IRRESPONSIBLE ARMS TRANSFERS Head of state and government: Adama Barrow In September, civil society organizations People were arbitrarily arrested in Sanyang, launched court proceedings to ensure and protests continued to be restricted. The transparency and access to information on Access to Information bill was signed into arms transfers from France to Saudi Arabia law. The long-awaited report by the Truth, and the United Arab Emirates, which had a Reconciliation and Reparations Commission substantial risk of being used to commit or was submitted to the government. Fishmeal facilitate serious violations of international factories had a negative economic and human rights or humanitarian law in the environmental impact on local populations. conflict in Yemen. The government and Women and LGBTI people continued to face parliament failed to reach an agreement to discrimination. The torture bill was still establish a parliamentary oversight pending at the end of the year and death mechanism on arms transfers. sentences continued to be handed down by courts. Amnesty International Report 2021/22 170

BACKGROUND into law on 25 August. The bill was the result Gambia held a presidential election in of a collaborative effort between civil society December, which was won by Adama and the government, and allowed the public Barrow. The Truth, Reconciliation and and journalists to access information from Reparations Commission report made public public institutions. in December recommended prosecution of At the end of the year, bills modifying former president Yahya Jammeh for crimes provisions of the Criminal Code and the committed during his presidency. Information and Communications Act which ARBITRARY ARRESTS AND DETENTIONS restricted the right to freedom of expression were still pending. As a result, sedition On 15 March, violent protests erupted in against the president and administration of Sanyang after a Senegalese national killed a justice was still criminalized, with stiff local Gambian man. The police arrested at penalties including imprisonment. least 50 people over the course of the Investigating authorities and the Public following seven days. Most were released Utilities Regulatory Authority retained the without charge, and 22 were initially charged power to intercept communications for with criminal offences including arson, rioters surveillance purposes without effective demolishing buildings, unlawful assembly judicial oversight. and conspiracy to commit felony. At the end RIGHT TO TRUTH, JUSTICE AND of the year, 19 people still had charges REPARATION pending against them, including 14 charged with conspiracy to commit misdemeanour, The Truth, Reconciliation and Reparations unlawful assembly and riot, and five charged Commission (TRRC), which was launched in with going armed in public, shop breaking, October 2018 to look into alleged human theft, arson, damage to property, conspiracy rights violations during the 22-year rule of to commit arson, unlawful assembly and riot. former president Yahya Jammeh, held its last In May, the Attorney General dropped the public session on 28 May. The TRRC charges pending against leaders of the Three submitted its final report to the government Years Jotna protest which the police violently on 25 November. On 24 December, the repressed in 2020. The protest called for minister of justice made the report public. President Adama Barrow to honour his ECONOMIC, SOCIAL AND CULTURAL promise to step down after three years in RIGHTS power. FREEDOM OF ASSEMBLY Local populations complained about the environmental and economic impacts of Section 5 of the Public Order Act requiring fishmeal factories in coastal regions, permission to protest remained in force. The including in Gunjur and Sanyang. provision was used to deny permission to Fishmeal factories led to overfishing, and organize protests. In June, the inspector the government remained unable to control general of police denied permission to the illegal fishing by foreign boats due to limited organization Gambia For Five Years and sea surveillance capacity. The resulting Peace Building to protest against a decision scarcity of fish led to a rise in fish prices. In by the electoral commission to allow the June, Greenpeace published a report mayor of Banjul to issue attestations for the highlighting the impact of fishmeal and the purposes of voter registration. fish oil industry in the region. The people FREEDOM OF EXPRESSION AND RIGHT most affected were women selling smoked TO INFORMATION fish, artisanal fishermen and the people who depended on fish for their protein intake. The In July, parliament enacted the Access to report concluded that the practice threatened Information bill, which the president signed food security in the region. Amnesty International Report 2021/22 171

DISCRIMINATION July and one in October – were sentenced to WOMEN’S RIGHTS death for murder. Violence against women persisted. In July, the minister of women, children and social welfare stated that the Network against GEORGIA Gender-based Violence had recorded 251 cases of gender-based violence, 240 of these Georgia against women, over the last 12 months. Head of state: Salome Zurabishvili Women remained under-represented in Head of government: Irakli Garibashvili public offices. According to UN Women, as of February 2021 only 8.6% of the parliament’s Members of the opposition, media critical seats were held by women. of the government and NGOs were attacked, LGBTI PEOPLE’S RIGHTS intimidated and wiretapped amid an LGBTI people still lived under the threat of atmosphere of impunity. Concerns persisted oppressive laws, which created an unsafe over a lack of judicial independence, environment. Section 144 of the Criminal selective justice and politically motivated Code provided for a 14-year prison sentence prosecution of government opponents. for anyone who has “carnal knowledge of any Construction of the controversial person against the order of nature […] or Namakhvani hydropower plant was halted permits any person to have carnal knowledge following protests. Labour rights abuses and of him or her against the natural order.” violations were widespread and amplified by Section 147 criminalized an “act of gross Covid-19 related restrictions. Violations in indecency” between two people of the same the breakaway territories of Abkhazia and sex with five years in prison. Section 144A South Ossetia/Tskhinvali Region included created the crime of “aggravated restrictions on freedom of movement and homosexuality” for “serial offenders” and torture and other ill-treatment. those living with HIV, punishable by life BACKGROUND imprisonment. TORTURE AND OTHER ILL-TREATMENT The political crisis continued. In July, the ruling party withdrew from an April deal The Prevention and Prohibition of Torture bill brokered by the EU to resolve a stand-off with was still pending at the National Assembly. the opposition. The deal had proposed As such, at the end of the year there were no electoral and judicial reforms and to address national laws defining torture and perceptions of politicized justice. establishing it as an offence. The ruling party won local elections in DEATH PENALTY October amidst widespread reports of electoral irregularities. The opposition called Despite the establishment of an official for renewed protests from November against moratorium on executions, and the country’s the election results and the arrest of Georgia’s accession to the Second Optional Protocol to former president Mikheil Saakashvili. the ICCPR aiming at the abolition of the The ruling party increasingly undermined death penalty, courts continued to hand the independence of the institutions ensuring down death sentences. On 14 July, the High human rights and government accountability. Court in Banjul found Yankuba Touray, In December, parliament hastily former junta member and ally of former disestablished the State Inspector’s Service, president Yahya Jammeh, guilty of the which investigated police abuses, and passed murder of Ousman Koro Ceesay, former amendments undermining judicial minister of finance. He was sentenced to independence. death by hanging. Two other men – one in In September, the government backtracked on its commitment to end politicized Amnesty International Report 2021/22 172

appointments to the judiciary, thereby the alleged illegal surveillance had produced forfeiting half of the EU’s €150 million loan to no result by the year’s end. help with the Covid-19 pandemic. UNFAIR TRIALS Covid-19 infections and related deaths spiked in August-September and November. Concerns grew regarding government Vaccination roll-out was slow as anti-vaccine influence over the judiciary, the use of attitudes remained strong, influenced by the selective justice and the politically motivated Georgian Orthodox Church. prosecution of political opponents and critical The breakaway regions of Abkhazia and media. South Ossetia/Tskhinvali Region remained Two cartographers detained on questionable under Russian occupation and overall charges of “violating the country’s territorial control. integrity” in October 2020 were released on FREEDOM OF EXPRESSION AND bail on 28 January, but the criminal case ASSEMBLY against them remained open. On 23 February, police arrested opposition Members of the opposition, civic activists and party chair and parliamentarian Nika Melia journalists critical of the government were for purported incitement of violence during threatened and attacked. The authorities at 2019 anti-government protests. He was times made statements condoning such released on 10 May after the EU posted his violence, fostering the sense of impunity. bail, seeking to ease government-opposition On 5 July, the planned Tbilisi Pride march tensions. was cancelled after police failed to protect The trial continued of the director and co- the organizers from violent counter- founder of the pro-opposition TV channel protesters. The same day, a violent Mtavari on unfounded charges of abuse of homophobic mob ransacked the building power and embezzlement. Giorgi Rurua, one housing the Tbilisi Pride office and forced the of the channel’s main shareholders, was organizers to flee. Around 50 journalists at pardoned and released in April from a four- the site were attacked and injured. One of year sentence imposed in 2020. those severely beaten, TV Pirveli’s camera On 1 October, Georgia’s former president operator Lekso Lashkarava, was found dead Mikheil Saakashvili was arrested on his return in his house six days after the incident. The from exile to serve a six-year sentence authorities denied responsibility, blaming the passed in his absence. Following a five-week Pride organizers for effectively provoking the hunger strike, he was forcibly transferred to a violence, and published extensive CCTV prison hospital without adequate healthcare footage of Lekso Lashkarava’s last day, facilities where he faced threats and insults insinuating that he might have procured from other inmates and degrading treatment drugs. The authorities failed to identify the by the prison authorities. On 20 November organizers of the mass violence or ensure an he was transferred to a military hospital in a effective investigation of the violent events by critical condition, but transferred back to the year’s end. prison on 30 December. His doctors reported MASS SURVEILLANCE that his health had been seriously damaged as a result of ill-treatment. An investigation by On 12 September, thousands of files the State Inspector’s Service into the revealing widespread surveillance and allegations was halted after the institution was wiretaps by the State Security Service of disestablished. Mikheil Saakashvili’s request Georgia were leaked to the media and the for a retrial was denied. internet, featuring details about the personal In November, the EU ambassador criticized lives of journalists, civil activists, politicians, the Georgian authorities’ “setbacks in the clerics and diplomats. An investigation into area of the judiciary and rule of law”, including politicized, “non-transparent and Amnesty International Report 2021/22 173

non-competitive” appointments of judges to The health of Irakli Bebua, an ethnic the Supreme Court and the High Council of Georgian resident of Gali serving nine years’ Justice, and the failure to adopt promised imprisonment for burning the Abkhaz flag, constitutional amendments on the process of reportedly deteriorated due to chronic appointing the Prosecutor General. diseases and lack of adequate healthcare in ENVIRONMENTAL DEGRADATION detention. FREEDOM OF MOVEMENT In September, following year-long protests, The de facto authorities in Abkhazia and construction of the controversial Namakhvani South Ossetia/Tskhinvali Region continued to hydropower plant in western Georgia was detain civilians and restrict movement in and cancelled. Throughout the year, protesters out of government-controlled territory, challenging the construction of the plant over including through additional pandemic- environmental safety concerns were on related quarantine restrictions, which several occasions detained by the police and impacted a range of human rights including prevented from assembling near the economic and social. construction site. WORKERS' RIGHTS GERMANY Labour rights abuses and violations were widespread as companies laid off employees Federal Republic of Germany without due process and reduced or refused Head of state: Frank-Walter Steinmeier to pay wages, including those of essential Head of government: Olaf Scholz (replaced Angela workers, due to restrictions related to the Merkel in December) Covid-19 pandemic. In March, dozens of employees of a regional The number of hate crimes increased, but food delivery company had their employment the authorities failed to develop a contracts terminated in retaliation for comprehensive strategy against violence collective protests over wage cuts and rooted in discrimination. The law to protect worsening working conditions. In August, children born with variations of sex Tbilisi municipal rubbish collectors reported characteristics came into force. A law on receiving threats and wage cuts in retaliation freedom of assembly in North Rhine- for holding a three-day strike demanding Westphalia disproportionately restricted the better working conditions. right to freedom of peaceful assembly. ABKHAZIA AND SOUTH OSSETIA/ Authorities promised humanitarian visas to TSKHINVALI REGION the most vulnerable Afghans and their families. Amendments to the intelligence TORTURE AND OTHER ILL-TREATMENT law allowed authorities to install There remained no effective investigation into surveillance technology to monitor the death of Inal Dzhabiev from the encrypted communication. Germany breakaway South Ossetia/Tskhinvali Region, opposed a proposed waiver to the who died in custody in Tskhinvali after being Agreement on Trade-Related Aspects of severely beaten following detention in August Intellectual Property Rights (TRIPS) aimed 2020. at increasing international distribution of Anri Ateiba, from the breakaway Abkhazia Covid-19 vaccines. In a landmark court region, died on 14 September after he was ruling, the Federal Climate Protection Act found unconscious in the temporary was found partially unconstitutional. detention centre in Gagra on 12 August. The investigation into his death remained pending. Amnesty International Report 2021/22 174

DISCRIMINATION According to Reporters without Borders, In May, the Federal Ministry of the Interior journalists were not sufficiently protected by reported a 19% rise in hate crimes compared the police when reporting on demonstrations. with the previous year. The organization reported dozens of cases of In the same month, the government journalists who had been physically attacked adopted a package of 89 measures against and verbally abused at protests, especially racist crimes. While the measures provided those against Covid-19 measures. more support for civil society, they fell short RIGHT TO TRUTH, JUSTICE AND of addressing institutional racism and of REPARATION setting out an overall strategy against racist violence. In February, the Koblenz Higher Regional Accountability for discriminatory abuses by Court convicted one of the two defendants in police continued to be hampered by the lack the first criminal trial addressing violations by of an independent complaints mechanism to officials of the Syrian General Intelligence effectively investigate allegations at the Directorate. The defendant was sentenced to federal and state levels, as well as the police four and a half years in prison for his role in in six federal states and at the federal level acts of torture and deprivation of liberty. The not being required to wear identification trial of the main defendant was continuing at badges. the end of the year. LGBTI PEOPLE In March, the federal government adopted an REFUGEES’ AND MIGRANTS’ RIGHTS LGBTI inclusion strategy that had been In violation of the principle of non- developed in close cooperation with civil refoulement (forcible return), 167 men were society organizations and aims to integrate deported to Afghanistan before deportations the protection of the human rights of LGBTI were temporarily suspended on 11 August. people into foreign policy and development Following the Taliban seizure of power in cooperation. Afghanistan in August, the federal In May, the law to protect children born with government promised humanitarian visas for variations of sex characteristics came into 2,600 of the most vulnerable Afghans and force. Although the law tackled human rights their family members in September. The new violations against intersex people concerning government announced a humanitarian unnecessary medical procedures, it failed to admission programme for Afghans. introduce further measures to end the Under the EU voluntary humanitarian pathologization of intersex people and to admission scheme of the EU-Turkey include reparations for people who statement, 2,192 Syrian refugees arrived and underwent unnecessary and irreversible at least 2,211 refugees were resettled under medical treatment. the UNHCR resettlement programme. FREEDOM OF ASSEMBLY Delays in family reunification procedures raised concerns regarding the right to family In December, the parliament of the federal life. Applicants from Afghanistan, Eritrea and state of North Rhine-Westphalia adopted a Syria waited for more than a year to receive law that disproportionately restricted the right their first appointment at German embassies to freedom of peaceful assembly by imposing to start the procedure to reunite with their a series of administrative requirements and family members in Germany. unduly extending state surveillance and RIGHT TO PRIVACY control powers, for example through the setting up of checkpoints. It also provided for In March, the Act on the Federal Intelligence criminal penalties for organizers who failed to Service was amended following a 2020 submit prior notification, with the exception of Federal Constitutional Court ruling. The spontaneous assemblies. revised Act allows for mass surveillance of Amnesty International Report 2021/22 175

foreign communications and for surveillance and does not impose due diligence of communication networks without oversight obligations throughout the whole value chain. when the declared aim is to determine the The law also failed to improve the right to usefulness of information for specific compensation for people who experience investigative purposes. abuses as a result of a lack of due diligence In June, the Federal Parliament passed by corporations. further amendments to intelligence laws FAILURE TO TACKLE CLIMATE CRISIS allowing German intelligence services to install surveillance technology (“state In March, the German Constitutional Court trojans”) on devices to monitor even ruled that the Federal Climate Protection Act encrypted communications. The intelligence was partially unconstitutional. The Court services can require that internet service found that the Act violated the rights of future providers assist in this process and can generations by imposing on them the undue exploit critical computer security burden of later drastic restrictions to vulnerabilities when installing the surveillance compensate for current insufficient measures software (so-called “zero-day exploits”). to tackle the climate crisis. Following the global Pegasus investigations, IRRESPONSIBLE ARMS TRANSFERS the German government admitted to the purchase and use of NSO Group’s Pegasus An arms export moratorium on Saudi Arabia, spyware. While the Ministry of the Interior extended in December 2020, remained in noted that it was only used in accordance place until the end of 2021. As in previous with German law for targeted surveillance, years, it only covered Saudi Arabia, not other concerns remained because NSO Group’s countries involved in the conflict in Yemen. spyware had been documented as facilitating The export of German parts and components human rights violations around the world. for joint European arms projects destined for RIGHT TO HEALTH Saudi Arabia remained permitted. Germany contributed €2.2 billion to the ACT- Accelerator and delivered 84 million Covid-19 GHANA vaccine doses to the COVAX initiative. The federal government opposed the TRIPS Republic of Ghana waiver proposed by the WHO and failed to Head of state and government: Nana Addo Dankwa put pressure on BioNTech to join the WHO Akufo-Addo Covid-19 Technology Access Pool or mRNA vaccine technology transfer hub to share its Cases of excessive use of force were knowledge and technology, and scale up reported. Prisons remained overcrowded. global manufacturing. Women continued to suffer discrimination Civil society organizations continued to raise and gender-based violence. Attacks against concerns over the fact that abortion is LGBTI people intensified. Efforts were regulated through criminal law. made to begin vaccinating at-risk people CORPORATE ACCOUNTABILITY and essential workers against Covid-19. Forced evictions left some people homeless. In June, the Federal Parliament passed the BACKGROUND Act on Corporate Due Diligence in Supply Chains, which requires corporations based in In January, President Akufo-Addo was sworn Germany with at least 3,000 employees to in for a second term. In May, variations of the conduct human rights and environmental hashtag #FixTheCountry started being used due diligence from 2023. Concerns remained on social media by young Ghanaians calling regarding the limited scope of the law for social and economic reforms. because it only applies to large companies Amnesty International Report 2021/22 176

EXCESSIVE AND UNNECESSARY USE OF 9,945. Food given to prison inmates was FORCE inadequate due to the insufficient feeding There were several incidents of excessive and grant of GHC1.80 (US$0.30) a day per unnecessary use of force by the security inmate. forces. Various media reported that National WOMEN’S AND GIRLS’ RIGHTS Security operatives assaulted journalist Peter At the end of the year, the Affirmative Action Tabiri on 7 May as he reported on a casino bill was still pending. raid. The operatives allegedly kicked, slapped In March, UNFPA Ghana in partnership and poured water on him, injuring his right with the government launched the Orange ear. Support Centre and the Boame mobile On 11 May, National Security operatives phone app to report cases of domestic arrested and allegedly assaulted reporter violence. Caleb Kudah from Citi FM after they found “Witch” camps remained open, despite the him filming abandoned state-funded vehicles government’s promise to close them. Older within their premises. They then stormed Citi women accused of witchcraft were at risk of FM’s office and arrested Caleb Kudah’s being banished to such camps. A colleague, Zoe Abu-Baidoo. Both were commemorative forum was held on 23 July, a released without charge. year after a mob lynched an elderly woman, On 29 June, police and military forces shot to call on parliament to criminalize the dead two protesters and wounded four others labelling of people as witches. In December, during a protest in Ejura Sekyedumase in the various media reported that youths beat to Ashanti Region. A three-member Ministerial death an elderly woman in Nalerigu in the Committee commissioned to conduct a North East Region because they suspected public inquiry into the incident submitted its her of being a witch. report to the government in July. On 1 July in Wa, in the Upper West Region, LGBTI PEOPLE’S RIGHTS military officers went on a rampage, beating Discrimination against LGBTI people people over a suspected stolen phone. The intensified. In February, police officers Military High Command tasked a four- searched and closed the recently member committee to investigate the inaugurated office of LGBT+ Rights Ghana, a incident. Three officers from the Wa Barracks non-profit organization. On 20 May, police were demoted while eight others were tried arrested 21 LGBTI activists for unlawful and jailed for 30 days by a disciplinary board. assembly during a training session. They ARBITRARY ARRESTS AND DETENTIONS were released on bail in June and their charges were dismissed on 5 August. On 14 January, a police officer arrested In June, the Promotion of Proper Human Selorm Gborbidzi, a reporter from the Accra- Sexual Rights and Ghanaian Family Values based newspaper The Finder, after he started bill was introduced in parliament. The bill filming a scuffle between the officer and the further criminalized LGBTI people and driver of a commercial vehicle. He was introduced prison sentences for anyone released after four hours and charged with expressing support or “sympathy” towards obstruction of justice, illegally filming a police LGBTI people. The bill also encouraged officer on duty and insulting a police officer. conversion therapy and gender “realignment” INHUMANE DETENTION CONDITIONS for children. Prison overcrowding continued. According to RIGHT TO HEALTH the Director General of the Prisons Services, On 1 February, the Ghana Medical as of 24 June the total prison population was Association declared an increase in doctors 13,200, despite an authorized capacity of Amnesty International Report 2021/22 177

contracting Covid-19, and the deaths of two doctors from the disease during January. GREECE In March, Covid-19 vaccinations began for people at risk and essential workers, with Hellenic Republic drones being used to deliver vaccines to rural Head of state: Katerina Sakellaropoulou communities. On 7 May, the vice president, Head of government: Kyriakos Mitsotakis Mahamudu Bawumia, stated that 2,161 prison officers and 1,136 inmates with Reports of unlawful use of force against underlying health conditions had been peaceful protesters persisted. A Roma man vaccinated. By mid-December, less than was fatally shot during a police chase. 10% of the population were fully vaccinated. Pushbacks and human rights abuses FORCED EVICTIONS against refugees and migrants continued, despite systematic denials by the The Greater Accra Regional Minister’s “Let’s authorities. The authorities’ crackdown Make Accra Work” campaign involved against NGOs and those working to help demolishing illegal structures. As part of the refugees continued. Violations of the rights campaign, on 5 July, authorities demolished of conscientious objectors to military homes of people living in the Railway service persisted. As violence against Quarters along Graphic Road in Accra, women escalated, a controversial child- making them homeless. Former residents custody bill that would put victims of told the media they were not given adequate domestic violence in greater danger was notice. In the same month, about 3,000 passed by parliament. woodworkers at Kaase-Angola in the Asokwa BACKGROUND Municipality, who had been operating in the area for decades, were requested to vacate Greece faced an ecological disaster after the area after the government allegedly sold wildfires destroyed over 900,000 hectares of the land to a private company. The forest and farmland. woodworkers stated that it would deprive TORTURE AND OTHER ILL-TREATMENT them of an adequate place to work, affecting their livelihood. Reports of unnecessary and excessive use of ENVIRONMENTAL DEGRADATION force by the police against peaceful protesters and others persisted. In March, In February, three global manufacturing footage showing the unlawful use of force companies expressed concern over the against a young man by a police officer impact of bauxite mining on the people and during a Covid-19 document check caused wildlife of the Atewa forest, and stated that public outrage and prompted many they would not use this supply chain. demonstrations. A disciplinary inquiry was In May, the defence minister announced ordered and a police officer was suspended that 561 military officers had been deployed from his duties while an Athens prosecutor during a four-day operation on the Birim, ordered a criminal investigation. Two Offin and Oda rivers of the Eastern and protesters who participated in one of the Ashanti Regions as part of Operation Halt to demonstrations in March reported being counter illegal mining which was polluting tortured by police in the General Attika Police water bodies. On 27 May, the government Directorate during their questioning and filed announced another deployment of 401 a criminal complaint. military officers to halt operations on the river In April, an Athens court found police Ankobra. responsible for the life-threatening injuries sustained by protester Yiannis Kafkas in May 2011 and awarded him compensation. In Amnesty International Report 2021/22 178

September, the authorities lodged an appeal end, the government identified the National against the decision. Transparency Authority as competent to RIGHT TO LIFE investigate pushbacks incidents. NGOs, however, contested the independence of this In October, an Athens court resumed the body. hearing of the case of two individuals and Several cases of pushbacks remained four police officers indicted for the death of pending before the European Court of LGBTI activist Zak Kostopoulos in September Human Rights and the UN Human Rights 2018. Committee. During the same month, Nikos Sambanis, ACCESS TO ASYLUM an unarmed 18-year-old Roma man died In June, the government designated Turkey following a fatal shooting by police. A 16- as a “safe country” for asylum seekers from year-old Roma boy, also unarmed, sustained Afghanistan, Pakistan, Bangladesh and serious injuries. Seven police officers were Somalia, as was already the case for Syrians charged with homicide with possible intent. under the EU-Turkey migration statement. Calls were made for the authorities to The designation means that asylum conduct thorough disciplinary and criminal applications to Greece from these investigations, including into possible racist nationalities could now be considered motives. inadmissible and applicants returned to Turkey. This decision disregarded the fact REFUGEES’ AND MIGRANTS’ RIGHTS that Turkey had been refusing to accept PUSHBACKS returns under the EU-Turkey statement since Pushbacks and human rights abuses against March 2020. It also failed to consider the refugees and migrants at land and sea difficulties facing asylum seekers and borders continued, despite systematic migrants in Turkey, including unlawful returns denials by the Greek authorities. and obstacles in accessing protection. In June, through the testimonies of 16 RECEPTION CONDITIONS victims, Amnesty International reported 21 Sea arrivals continued to decline sharply incidents of group pushbacks to Turkey in compared to previous years, leading to 1 2020 , conducted by individuals appearing to reduced numbers of refugees and migrants belong to law enforcement and individuals in on the Aegean islands. During the year, at civilian or unmarked clothing. The incidents least 86 people who attempted to cross the were estimated to have affected around Aegean were reported dead or missing. After 1,000 people. Many victims experienced fires destroyed Moria camp in 2020, work arbitrary detention and ill-treatment, in some began to replace open camps with “closed- cases amounting to torture. None of those controlled island facilities” (KEDN), funded interviewed had the opportunity to seek by the EU. From November, on the island of asylum or to challenge their return. The Samos, authorities illegally detained some of research, consistent with evidence from other the residents of the KEDN by preventing reputable actors, showed that pushbacks them from exiting the facility. The decision were Greece’s de facto policy of border affected asylum seekers without a valid management. More pushbacks were registration document (“asylum card”), documented in the second half of the year. including newcomers yet to be issued with In August, the European Commission one and people with unsuccessful asylum declared that the release of additional applications. funding for border control activities in Greece In December, ruling in the case of an would be conditional on the establishment by Afghan resident of the facility, a local court the country of an independent border found the prohibition of exit to be illegal and monitoring mechanism. While a new ordered for it to be lifted. At the end of the mechanism had not yet been created to this year, however, KEDN residents without a valid Amnesty International Report 2021/22 179

card continued to be generally prevented work rescuing and assisting refugees. The from exiting. The reception conditions in the trial was adjourned and the matter referred to temporary camp of Mavrovouni on Lesvos, a higher court; the investigation into the where the displaced residents of Moria had remaining charges against the group been living since the fires, remained a cause remained pending. for concern. FREEDOM OF ASSEMBLY CHILDREN’S RIGHTS In January, the European Committee of Social Greek authorities failed to facilitate, and Rights found Greece to be in violation of continued to unlawfully interfere with, the several provisions of the European Social right to freedom of peaceful assembly.2 In Charter. The decision focused on the late January, the head of police introduced a inappropriate accommodation provided for blanket ban on public outdoor assemblies of accompanied and unaccompanied migrant more than 100 people citing public health and asylum-seeking children and the failure grounds. Several peaceful assemblies were to ensure their protection from harm. The dispersed by the Greek police throughout the committee also found violations in relation to year. Greece’s guardianship system, the detention DISCRIMINATION of unaccompanied migrant children in “protective custody”, the failure to provide In April, the Racist Violence Recording formal education to children on the Network reported 107 incidents of racist islands and the right to health. violence as recorded in 2020. Between RIGHT TO HEALTH August and October, hate crimes by NGOs campaigning for the opening of access members of far-right groups and other to Covid-19 vaccines for undocumented individuals against migrants, students and people reported persisting challenges. A legal members of political parties were reported in provision adopted in October expanded the Crete, Athens and Thessaloniki. possibilities for undocumented migrants to register for Covid-19 vaccination and obtain CONSCIENTIOUS OBJECTORS’ RIGHTS the relevant certificate, and introduced Serious violations of the rights of safeguards against deportation. In December, conscientious objectors to military service a Ministerial Decision allowed civil society continued, including repeated prosecutions, actors to administer Covid-19 vaccines to fines and arrests. Appeals to the Supreme vulnerable people including those who are Administrative Court against the undocumented. discriminatory rejection of applications for HUMAN RIGHTS DEFENDERS conscientious objector status were pending at the end of the year. The UN Human Rights In March, three UN Special Rapporteurs Committee raised questions over the rights of expressed concerns over new restrictive conscientious objectors – and the punitive registration requirements introduced in 2020 and discriminatory “alternative service” – to for NGOs working with migrants and be considered in the next periodic report of refugees. Greece. Greece also received In November, years after their initial arrest recommendations on the issue in the context and release on bail in 2018, human rights of the UPR. defenders Sarah Mardini and Séan Binder In a landmark ruling in December, the UN together with 22 other members of the NGO Human Rights Committee found multiple Emergency Response Centre International, violations of the ICCPR in the case of faced trial in Lesvos on some of the charges conscientious objector Lazaros Petromelidis. brought against them. These included charges of espionage, unlawful use of radio frequencies and forgery arising from their Amnesty International Report 2021/22 180

In late August, the Initiative for Prisoners’ VIOLENCE AGAINST WOMEN AND GIRLS During the year, 17 women were murdered Rights expressed concerns over a reported by their partners or former partners. Their increase in Covid-19 cases in prisons, limited murders highlighted the problem of domestic numbers of healthcare staff, and violence and brought renewed calls by overcrowded conditions. women’s rights groups for the term “femicide” to be used in public debate and 1. Greece: Violence, Lies, and Pushbacks - Refugees and Migrants Still legislation. From January, the Greek #MeToo Denied Safety and Asylum at Europe’s Borders (Index: EUR movement shed light on tens of reports of 25/4307/2021), 23 June rape and sexual harassment in the areas of 2. Greece: Freedom of Assembly at Risk and Unlawful Use of Force in the sport and culture where many women spoke Era of COVID-19 (Index: EUR 25/4399/2021), 14 July publicly about their abuse. Between March and May, women’s and human rights groups called for the GUATEMALA withdrawal of a bill on child custody that would place domestic violence victims at Republic of Guatemala greater risk and breach the principle of the Head of state and government: Alejandro Giammattei best interests of the child. The controversial Falla bill, which became law in May, risked giving perpetrators of violence and abuse access to Increased criminalization was used as a their victims, and for an extended period of strategy to intimidate those working in the time. administration of justice. A law that RIGHT TO HEALTH threatens the right to defend human rights entered into force. Guatemala recorded the In early November, as Greece reported the lowest percentage of people fully vaccinated highest daily average of Covid-19 infections against Covid-19 in Latin America amid since the beginning of the pandemic, health corruption allegations. workers’ unions called for more funding and BACKGROUND the recruitment of many more permanent staff to strengthen the weakened National US vice-president Kamala Harris visited Health System. Guatemala in June and agreed with President Concerns were raised about the punitive Giammattei to address the root causes of and discriminatory nature of a fine of €100 migration, including inequality, corruption per month imposed on people over 60 if they and the flawed rule of law. In July, the did not comply with compulsory vaccination dismissal of the head of the Special for Covid-19, following the adoption of a legal Prosecutor’s Office Against Impunity sparked provision by the parliament in early nationwide protests against corruption, December. economic inequality and the government’s response to Covid-19. DETAINEES’ RIGHTS IMPUNITY In January, Dimitris Koufondinas, a member of armed group Revolutionary Organization Those working in the administration of justice 17 November, began a hunger strike to with key roles in the fight against impunity in protest against the government’s decision to cases of serious human rights violations and transfer him to Domokos prison and not to corruption were removed from or prevented Korydallos prison in accordance with national from taking up their posts and faced threats, 1 legislation. Despite a significant deterioration criminal prosecution and smear campaigns. in his health, the authorities refused to In April, magistrate Gloria Porras, a accept his request. In March, Dimitris prominent supporter of human rights and Koufondinas ended his hunger strike. anti-corruption efforts in recent years, who Amnesty International Report 2021/22 181

had been re-elected to Guatemala's lead to NGOs being shut down or targeted in Constitutional Court, left the country after other ways. The appeals were pending at the Congress blocked her swearing-in ceremony end of the year. and refused to let her take up the Court hearings continued in the case of appointment. prisoner of conscience Bernardo Caal Xol, In June, four judges from high-risk criminal imprisoned since January 2018 for defending courts who had been granted precautionary the rights of Q'eqchi' Maya communities measures by the Inter-American Commission affected by the construction of the OXEC 2 on Human Rights, reported to the Public hydroelectric dam project. In August, the Prosecutor’s Office that they were the targets Supreme Court rejected a cassation appeal of harassment and threats. One month later, for his release presented by his lawyers. In the Attorney General dismissed Juan October, police agents violently repressed Francisco Sandoval, head of the Special Q'eqchi' Maya people who had been Prosecutor’s Office Against Impunity, who peacefully protesting for three weeks against fled the country amid concerns over his a mining company operating in their territory safety. In October, she also transferred the in El Estor, as well as other demonstrators head of the Special Prosecutor’s Office on and journalists. Following the incident, the Human Rights, who had helped bring the President decreed a state of emergency in former military president Efraín Ríos Montt to the municipality. justice. HUMAN RIGHTS DEFENDERS AND REFUGEES’ AND MIGRANTS’ RIGHTS EXCESSIVE USE OF FORCE Guatemalans continued to flee violence, poverty, inequality and climate change. The Unit for the Protection of Human Rights Hundreds of Guatemalans were deported Defenders in Guatemala (UDEFEGUA) and pushed back by Mexican authorities, recorded 839 attacks against human rights together with other people from Central defenders between January and November. America and Haiti, to remote areas at the Guatemala once again had the fourth highest border where they were left without proper rate of killings worldwide of land and assistance. environmental defenders per capita; 13 were Security forces beat and used tear gas killed in 2020, according to the NGO Global against a caravan of migrants and asylum Witness. seekers attempting to enter the country in Despite this, by the end of the year January, on the pretext of enforcing Covid-19 3 Guatemala had yet to ratify the Regional protocols. Agreement on Access to Information, Public RIGHT TO HEALTH Participation and Justice in Environmental Matters in Latin America and the Caribbean Guatemala had the lowest percentage of (Escazú Agreement), which includes people fully vaccinated against Covid-19 in provisions for the protection of environmental Latin America, at just 25.7%, amid human rights defenders. corruption allegations in connection with the In May, the new members of the purchase of vaccines and the handling of the Constitutional Court rejected legal challenges pandemic. filed by civil society organizations against the Although a detailed national vaccination controversial NGO Law and it entered into plan was published, it did not include a force on 21 June. At least three appeals were protocol for Indigenous peoples. subsequently filed before the Constitutional VIOLENCE AGAINST WOMEN AND GIRLS Court in relation to elements of the law that could allow for serious violations of the rights In March, after two decades of struggle for to freedom of expression and association, justice by the family of María Isabel Veliz including vaguely worded clauses that could Franco, a 15-year-old girl killed in 2001 Amnesty International Report 2021/22 182

whose body showed signs of sexual violence, one was brought to justice for the 28 a national court sentenced a man to 30 September 2009 massacre. Sexual violence years’ imprisonment for her murder. persisted. Guatemala had been condemned by the BACKGROUND Inter-American Court of Human Rights in 2014 for failing to diligently investigate her Following the arrest of Alpha Condé on 5 death and prevent violations of her rights. September after an assault led by the SEXUAL AND REPRODUCTIVE RIGHTS Guinean special forces, the National Committee of Reconciliation and In December, Congress started discussing a Development (CNRD) led by Mamadi legislative initiative (5940) which, if passed, Doumbouya dismissed the Constitution and would violate the rights of transgender the government. A Transition Charter was children and adolescents. issued on 27 September, announcing the RIGHT TO TRUTH, JUSTICE AND elaboration of a new Constitution and the REPARATION organization of elections. Mamadi Doumbouya was sworn in as president before In May, the security forces arrested 11 retired the Supreme Court on 1 October. After 12 military and police officers suspected of weeks in detention without official charge, involvement in abductions, enforced Alpha Condé was allowed to reside at his disappearances, extrajudicial executions and spouse’s house. other crimes under international law and The Ebola outbreak that emerged in mid- human rights violations against at least 183 February was declared over in June. The people considered political opponents curfew imposed to combat the Covid-19 between 1983 and 1985 in the case known pandemic was lifted on 21 October. as “Diario Militar”. At least eight were ARBITRARY DETENTION detained awaiting trial at the end of the year. After several months in arbitrary detention, 1. “Guatemala: International organizations demand end to dozens of opposition members and criminalization of justice officials and human rights defenders”, 8 supporters and civil society activists who June denounced the candidacy and/or the re- 2. “Guatemala: Amnesty International delivers 27,957 signatures election of former president Alpha Condé for demanding release of Bernardo Caal”, 7 July a third term were released. 3. “Guatemala: La pandemia no puede ser un pretexto para negar On 8 May, more than 40 people who called protección internacional”, 30 March for or participated in 2020 demonstrations to denounce Alpha Condé’s candidacy or re- election for a third term were released after GUINEA charges were dropped. On 7 September, following orders by the CNRD, 79 activists Republic of Guinea and opposition members and supporters who Head of state: Mamadi Doumbouya (replaced Alpha had also been arrested were released. Condé in October) Among them, Oumar Sylla, one of the leaders Head of government: Mohamed Béavogui (replaced of the National Front for the Defence of the Ibrahima Kassory Fofana in October) Constitution, was sentenced on 28 January to 11 months in prison for “participating in a Dozens of people arbitrarily arrested in the prohibited assembly likely to disturb public context of the 2020 protests against former order.” He had been held in Conakry's main president Alpha Condé’s candidacy and re- prison since his arrest on 29 September election for a third term were released. 2020 while mobilizing against Alpha Condé’s Several people were killed during protests candidacy for a third term. In another case, on issues around mining exploitation. No on 10 June Conakry’s Court of Appeal Amnesty International Report 2021/22 183

sentenced Oumar Sylla to three years’ honouring its commitments to employ local imprisonment for ‘‘communication and inhabitants. dissemination of false information, threats of On 11 September, all demonstrations were violence and death” after he denounced forbidden by the CNRD until further notice. arbitrary arrests on the radio. INHUMANE DETENTION CONDITIONS Amadou Diouldé Diallo, a reporter for state- owned radio and TV broadcaster Radio Mamadou Oury Barry, who had been in Télévision Guinéenne, spent nearly three pretrial detention in Conakry’s main prison months in pretrial detention on charges of since 5 August 2020 for “assault and insulting former president Alpha Condé. He battery”, died on 16 January. According to was freed on 19 May after a court in Conakry the Ministry of Justice, he died “a natural fined him 5 million Guinean francs (€420) for death linked to a bowel obstruction and “insulting the head of state”. anaemia” in hospital. The public prosecutor EXCESSIVE USE OF FORCE AND did not allow the body to be returned to the FREEDOM OF ASSEMBLY family until 2 February, after a request was made by a lawyer on 19 January. In the Several people were reportedly killed by weeks before, three other detainees, defence and security forces in at least three including supporters of the opposition party localities during demonstrations, some of the Union of Democratic Forces of Guinea, which turned violent, around issues related to died, soon after one of them had been mining exploitation. released and the two others had been On 22 April at least two people were shot hospitalized in very poor health. The dead by defence and security forces and authorities attributed the deaths to natural several wounded in Kouroussa town, Kankan causes without carrying out thorough region, after a mob attacked the town hall investigations. Families of the detainees had and the Prefect’s residence; there had been a not been able to visit them in prison or conflict looming between small-scale gold hospital. miners and a mining company over the DEATH PENALTY exploitation of a gold mining site. In Gaoual town, Boké region, on 22 June, at Although the death penalty was removed least two people were killed and several from the Criminal Code in 2016, several wounded when the army was deployed prisoners were still under sentence of death, during demonstrations and riots against the including some of those sentenced in 2011 alleged involvement of members of the after inter-communal clashes in Galakpaye defence and security forces in the town, N’Zérékoré region. management of small-scale gold mines. IMPUNITY According to witnesses, soldiers intentionally knocked one of the two victims off a bridge. Despite several announcements of In July, in Siguiri region, suspected Donzo investigations into the killings of protesters in hunters shot at gendarmes who had come to 2019 and 2020 during demonstrations enforce a court order about a dispute against the change of Constitution and the between two villages over the operation of a election of former president Alpha Condé for small-scale mine. Thirteen gendarmes were a third term, very little information was made injured, according to the authorities. available. The minister of justice reported in On 17 August, in Foulata town, Kankan June that due to lack of evidence the Court of region, defence and security forces allegedly First Instance of Mamou had acquitted those shot and wounded several people and burnt accused of the killing of a 20-year-old man in down homes and stores, following protests Kégnéko town, Mamou region, on 22 March against a mining company for allegedly not 2020. On 23 October, a delegation from the CNRD met with families of those killed by Amnesty International Report 2021/22 184

defence and security forces during Alpha massive human rights violations, abductions Condé’s rule, telling them they would receive and generalized violence. Human rights justice. defenders and journalists were at Twelve years after 157 people were killed by heightened risk, impunity remained defence and security forces at a stadium in endemic and tens of thousands of Haitians Conakry on 28 September 2009 and over sought international protection. 100 were victims of sexual violence, the trial BACKGROUND had still not opened, even though the investigation ended in November 2017. The killing in July of Haitian president VIOLENCE AGAINST WOMEN AND GIRLS Jovenel Moïse was a shocking indicator of the massive human rights violations and violence The Office for the Protection of Gender, that Haiti has been facing for years.1 Childhood and Morals recorded 331 cases of Following an earthquake in August, the UN rape by mid-December, against 393 cases in estimated that some 800,000 people needed 2019 and 374 in 2020. Despite the assistance. As of August, the US State authorities’ and NGOs’ efforts in recent years Department advised against all travel to Haiti to promote access to justice for victims of due to “kidnapping, crime, civil unrest, and sexual violence, the practice of negotiating COVID-19”. out-of-court settlements between the HUMAN RIGHTS DEFENDERS AND suspected perpetrator and the victim continued to hinder prosecutions.1 JOURNALISTS RIGHT TO HEALTH Human rights defenders and journalists were increasingly at risk of attack and human The vaccination campaign against Covid-19 rights violations. was launched on 5 March, targeting primarily There was little progress in the investigation health workers, people over 60, people with into the killing of journalist Diego Charles, a strategic jobs, and religious leaders. reporter for Radio Vision 2000 and co- On 10 August, President Alpha Condé founder of the website Larepiblik Magazine, ordered the government to ensure that all and Antoinette Duclaire, a political and civil servants were vaccinated against human rights activist, vocal government critic Covid-19. As of 29 December, according to and co-founder of Larepiblik Magazine. They the National Agency of Health Security, were murdered just a week before President 1,983,124 people had received their first Moïse. The authorities failed to protect their vaccination, and 911,780 had received their families, who were subjected to death threats second one (out of an estimated population and intimidation.2 of around 13 million). IMPUNITY 1. “Guinea: Horrific cases of rape and murder of girls must urge Civil society organizations continued to raise authorities to strengthen their efforts to prevent and combat sexual concerns about chronic impunity and judicial violence”, 15 December dysfunction in Haiti. In April, the Observatoire Haïtien des Crimes contre l’humanité and Harvard Law HAITI School’s International Human Rights Clinic issued a report alleging Haitian government Republic of Haiti complicity in three massacres targeting Head of state and government: Ariel Henry (acting, impoverished neighbourhoods between 2018 replaced Jovenel Moïse in July) and 2020. The report pointed to evidence that the attacks, carried out by gangs, were The political and economic situation supported by state actors and alleged these continued to deteriorate, facilitating Amnesty International Report 2021/22 185

acts could amount to crimes against 2. “Haiti: Authorities must protect relatives of murdered journalist and humanity. activist from death threats”, 6 August 3. Mexico: Mass Deportations Must Stop (Index: AMR 41/4790/2021), 30 September REFUGEES’ AND MIGRANTS’ RIGHTS During the year, tens of thousands of Haitians 4. USA: Stop US Abuses against Haitian People (Index: AMR made their way overland, often taking 51/4773/2021), 23 September dangerous routes, including through the 5. Haiti: Stop US Deportations and Abuse against Haitians on the Move: Darien Gap jungle, to reach Mexico and the An Urgent Step Towards Creating Just Policies for Haitians (Index: AMR 36/5101/2021), 15 December USA. However, both countries implemented 6. Haiti: Not Safe Anywhere: Haitians on the Move Need Urgent policies and practices that limited access to International Protection (Index: AMR 36/4920/2021), 28 October international protection, and continued mass 7. “Where do you go when nowhere will welcome you?: States must detentions and unlawful forced returns to protect thousands of Haitians on the move. This is how”, 16 Haiti, Mexico and Guatemala, placing the December lives and physical integrity of thousands of Haitians at risk.3 In September, images HONDURAS emerged of US border authorities on horseback abusing and taunting Haitians, which provoked widespread condemnation.4 Republic of Honduras However, between 19 September and 10 Head of state and government: Juan Orlando November alone the US government sent Hernández nearly 9,000 Haitian migrants and asylum seekers to Haiti, largely without providing Human rights defenders continued to face access to the US asylum system or protection attacks and unfounded criminal 5 screenings, exacerbating the crisis. proceedings. Authorities blocked access to In September, UN agencies also jointly safe abortions and same-sex marriage. called on states across the Americas to adopt Impunity for excessive use of force by law a comprehensive regional approach for enforcement persisted. Haitians on the move and to provide them BACKGROUND with protection measures including asylum “or other legal stay arrangements for more General elections were held on 28 November effective access to regular migration and the newly elected president Xiomara pathways”. Castro was due to take office in January In October, a resolution adopted by the 2022. The creation of Employment and Inter-American Commission on Human Economic Development Zones, which Rights addressed the regional need to benefited from tax exemptions and special increase the protection of Haitans on the security arrangements, sparked protests over move. Despite this, during the year, states the lack of free, prior and informed consent across the region largely failed to shield of Indigenous peoples and Afro-descendant Haitians from a range of human rights communities. Thousands of Hondurans violations in host countries, including affected by hurricanes Eta and Iota, violence detention and unlawful pushbacks, extortion, and poverty were forced to leave the country anti-Black racism, gender-based violence by and headed north. armed groups, and destitution, leaving many IMPUNITY AND EXCESSIVE USE OF Haitians with restricted access to protection 6 FORCE measures including asylum and nowhere safe to go.7 Keyla Martínez died of asphyxia in February in police custody after being arrested for 1. “Haiti: Investigation urged into killing of Haitian president and grave breaking the curfew imposed to curb the spread of Covid-19. There were reports of human rights violations under his watch”, 7 July Amnesty International Report 2021/22 186

police repression of the protests over her SEXUAL AND REPRODUCTIVE RIGHTS 1 death. In January, Congress passed a constitutional Victims of the 2017-2018 crackdown on reform making it harder to remove the bans 6 post-electoral protests faced ongoing criminal on abortion and same-sex marriage. A proceedings, including Jhony Salgado,2 constitutional action challenging the total ban Edwin Espinal and Raúl Álvarez. However, on abortion was pending before the Supreme state agents were not held accountable for Court at the end of the year. the human rights violations committed by In June, the Inter-American Court of Human security forces during the protests. Rights found that Honduras had violated the Several prosecutors of the Specialized rights to life and personal integrity of Vicky Prosecutorial Unit Against Corruption Hernández, a transgender woman, sex Networks were subjected to disciplinary and worker and activist killed during the 2009 criminal proceedings that could be aimed at coup. hindering their work. HUMAN RIGHTS DEFENDERS 1. “Honduras: Death of Keyla Martínez demands prompt, exhaustive and impartial investigation”, 9 February Honduras ranked second in the world 2. “Honduras: Prosecutor Óscar Chinchilla must drop the charges regarding the number of killings of land and against Jhony Salgado Fuentes”, 9 August environmental defenders per capita, 3. “Honduras: Conviction of David Castillo is a step towards justice, but according to the NGO Global Witness. full truth must be uncovered”, 5 July Nevertheless, Honduras had yet to sign the 4. Honduras: Further information: Indigenous Activists Still Regional Agreement on Access to Missing (Index: AMR 37./4671/2021), 2 September Information, Public Participation and Justice 5. “Honduras: Amnesty International urges authorities to immediately in Environmental Matters in Latin America release eight prisoners of conscience”, 9 December and the Caribbean (Escazú Agreement). 6. Honduras: Attack on Sexual and Reproductive Rights (Index: AMR In July, David Castillo, former manager of 37/3594/2021), 28 January the company Desarrollos Energéticos and chief of the Agua Zarca hydroelectric project, was convicted of being co-author of the HUNGARY killing in 2016 of Berta Cáceres. He was awaiting sentencing at the end of the year.3 Hungary The whereabouts of four Indigenous Head of state: János Áder Garifuna members of the Black Fraternal Head of government: Viktor Orbán Organization of Honduras (OFRANEH) forcibly disappeared in July 2020 remained In June, parliament adopted a homophobic unknown.4 and transphobic law. Hungary was involved Defenders of the land, territory and in the Pegasus spyware scandal. The environment continued to face unfounded European Court of Human Rights ruled criminal charges. Eight members of the against Hungary’s placement of asylum Municipal Committee for the Defence of seekers in transit zones and its practice of Common and Public Assets detained in 2018 pushbacks. The right to freedom of peaceful and 2019 remained in prison at the end of assembly was restricted until 23 May and 5 2021. an existing state of emergency was In October, Congress approved a number of extended until 1 June 2022. The reforms that could restrict the exercise of government resisted putting in place freedom of assembly and association, human effective measures to protect judges’ rights defence, guarantees of transparency, freedom of expression and other rights from access to information and the effective undue interference. investigation and prosecution of corruption. Amnesty International Report 2021/22 187

BACKGROUND The reluctance of employers to provide Hungary’s Constitutional Court upheld a six- flexible working arrangements, combined month ban on assemblies and with the traditional allocation of care duties demonstrations in a retrospective decision within the family to women, exacerbated the made in July. A new restrictive asylum negative impact of the Covid-19 pandemic on system was introduced under the state of gender equality. emergency. The Equal Treatment Authority, ROMA an established human rights protection body, Discrimination against Roma persisted. was abolished in January without Children from Roma families living in poverty consultation and its functions transferred to continued to be separated from their families the Office of the Commissioner for and placed in long-term state care, even Fundamental Rights. In September, the though this practice is forbidden by the Global Alliance of National Human Rights Hungarian Child Protection Act. Institutions recommended downgrading the Alarm about the prevalence of racist hate status of the Commissioner from “A” to “B”, speech against Roma and other minorities in accordance with the Paris Principles, as and about hate crimes was raised by the the office had not engaged with or addressed Human Rights Council Working Group that all human rights issues in Hungary. Hungary met from 1 to 12 November. took over the Presidency of the Council of RIGHT TO PRIVACY Europe’s Committee of Ministers in May for six months. More than 300 Hungarian nationals were DISCRIMINATION identified as possible targets for the Pegasus spyware produced by surveillance technology LGBTI PEOPLE firm NSO Group. Media groups identified the Hungary adopted a homophobic and Hungarian authorities as a potential client of transphobic law in June 2021, banning the company. Experts from Amnesty access by those under 18 to material that International were able to confirm, through promotes or portrays “divergence from self- technical evidence, several cases where the identity corresponding to sex at birth … or spyware was successfully installed on homosexuality”. The new law violated the phones, some of them belonging to rights to freedom of expression, non- journalists. The Hungarian National Security discrimination and education.1 The European Services Act remained in violation of Article 8 Commission launched an infringement of the European Convention on Human procedure against Hungary in July. Rights, according to a European Court of WOMEN Human Rights (ECtHR) judgment in the case The government was still reluctant to ratify of Szabó and Vissy v. Hungary in 2016. the Council of Europe Convention on In a unanimous ruling in July in the case of preventing and combating violence against Vig v. Hungary, the ECtHR found that women and domestic violence (Istanbul enhanced police checks used in 2013 when Convention) that it signed in 2014, alleging Dávid Vig – then a lawyer and academic – that the convention promoted “gender was stopped and searched under the ideology” and “illegal migration”.2 provisions of the Police Act, were in violation Women continued to experience of the right to privacy. widespread gender-based discrimination. Many government policies and REFUGEES’ AND MIGRANTS’ RIGHTS communications actively reinforced gender The European Border and Coast Guard stereotyping, promoting women’s domestic Agency (Frontex) suspended its operations in roles while downplaying the importance of Hungary in January after the government gender equality. failed to address a December 2020 ruling by the Court of Justice of the EU (CJEU) against Amnesty International Report 2021/22 188

its asylum law and practices. The court ruled (€55,000). NGOs expressed concern that that large-scale pushbacks introduced by these new provisions could lead to arbitrarily legislation in 2016 violated Hungary’s selective and intimidatory audits by the obligation to ensure effective access to authorities. international protection for asylum seekers. In In its decision on 16 November 2021 about 2021, more than 71,000 pushbacks took the LexNGO 2018 (“Stop Soros”), the CJEU place at the Serbian-Hungarian border. found that Hungary had violated both the In March, the ECtHR ruled that detaining Procedures and Reception Directives of the asylum seekers in areas known as “transit EU by introducing an inadmissibility ground zones” qualified as unlawful detention. The to quasi automatically reject the asylum case concerned an Iranian-Afghan family of applications of those arriving in Hungary five (including a pregnant mother with three through a “safe transit country”. The court minors) who were held in the Röszke transit also found that Hungary had unlawfully zone in unsuitable conditions without food or criminalized the activities of those who proper medical treatment, which amounted provided assistance to asylum seekers. to inhuman and degrading treatment. This, RIGHT TO A FAIR TRIAL combined with the lack of a statutory basis for detention and its duration, also amounted Despite a 2016 ECtHR judgment that the to unlawful detention. After an initial rejection dismissal of the president of the former of their asylum application, the applicants Hungarian Supreme Court, András Baka, were recognized as beneficiaries of violated the right to a fair trial and the right to subsidiary protection. freedom of expression, Hungary continued to In July, the ECtHR ruled on pushbacks for fail to implement the decision or take general the first time in the case of Shahzad v. measures to protect judges’ right to freedom Hungary, concerning the denial of access to of expression and other rights from undue the asylum procedure and the violent interference. Hungary failed to submit an deportation of a Pakistani national by updated action plan by December 2021. Hungarian police officers in 2016. The court In a more positive development, Hungary’s found that Hungary violated the prohibition of Constitutional Court ruled in March that the collective expulsion and the right to an provision allowing for unlimited pretrial effective remedy. The practice nevertheless detention pending a first decision was continued. unconstitutional as it violated the right to FREEDOM OF EXPRESSION, liberty, and that pretrial detention should ASSOCIATION AND ASSEMBLY have an absolute limit. The provision was accordingly repealed in September. The law on “the transparency of civil society The European Commission’s annual Rule of organizations capable of influencing public Law report identified problems severely life” (the new LexNGO) came into force on 1 threatening the rule of law in Hungary. The July, leading to further control and Commission was not able to identify any 3 stigmatization of NGOs. New legislation had substantial improvements as compared to the been needed following a June 2020 CJEU findings of the 2020 report. Hungary’s system ruling that the 2017 law on NGO of checks and balances, as well as the transparency introduced discriminatory and transparency and quality of the legislative unjustified restrictions to freedom of process, remained a source of concern. association. However, while repealing the previous law, parliament introduced new 1. Hungary: The Russian-style Propaganda Law Violates Human Rights regulations that once again unduly restricted and Threatens LGBTI People (Index: EUR 27/4492/2021), 22 July the right to freedom of association. The law 2. “Open Letter: Human rights violations in Hungary ahead of its prescribed annual audits of NGOs whose Presidency of the Council of Europe Committee of Ministers”, 20 May total assets exceeded HUF20,000,000 Amnesty International Report 2021/22 189

3. Hungary Repeals Controversial Laws Restricting the Right to were threatened and intimidated through the Association but Concerns Remain (Index: EUR 27/4526/2021), 29 July misuse of over-broad financial laws. On 28 July, multiple offices of the Dainik INDIA Bhaskar group, a Hindi-language news daily, were raided by tax authorities. Dainik Bhaskar had reported on the mass dumping Republic of India of bodies of Covid-19 victims along the river Head of state: Ram Nath Kovind Ganges due to high cremation costs. Head of government: Narendra Modi Between 10 and 16 September, the offices of media outlets NewsClick and Newslaundry, The authorities used repressive laws to as well as the house of actor-philanthropist silence critics by curbing freedom of Sonu Sood and the offices of human rights expression both offline and online. Human activist Harsh Mander, were raided on rights defenders, including activists, alleged charges of tax evasion and diversion journalists, students, lawyers and actors, of funds for “religious conversion”. continued to face intimidation and The Foreign Contribution Regulation Act harassment. Independent investigations (FCRA) was misused by government revealed a massive unlawful surveillance agencies to silence NGOs. In June, the apparatus being used by the government Ministry of Home Affairs suspended the against human rights defenders, violating FCRA licence of the Commonwealth Human their rights to privacy, non-discrimination Rights Initiative, a human rights organization and data protection. The foreign working on access to information and justice. contribution law was misused to crack down The Ministry also cancelled the registration of on human rights NGOs. Police and security 10 international NGOs working on forces used excessive force against environment, climate change and child members of minority communities and labour issues, and placed more than 80 farmers protesting peacefully against laws philanthropic and human rights agencies on on farming. Courts undermined the right to a “Prior Reference Category” list without a fair trial and delayed hearing crucial cases citing any reason. Funds are only disbursed involving violations of human rights. In the to or from the organizations on this list after context of Covid-19, lack of transparency clearance from the Ministry of Home Affairs, over the distribution of funds increased and seriously curtailing their work. the right to health was undermined. In July the Pegasus Project, an international Significant sectors of the population investigative journalism initiative, exposed the suffered from shortages of hospital beds unlawful and arbitrary surveillance of Indian and oxygen during the second wave of citizens through the government’s alleged use Covid-19 infections. Caste-based of Pegasus spyware. At least 300 telephone discrimination and violence against Dalits numbers of human rights defenders, and Adivasis continued unabated. Vigilante journalists, lawyers, government officials and cow protection groups attacked minority opposition politicians were potentially communities, adversely affecting their compromised. The spyware, as examined by livelihoods. Amnesty International, enabled government FREEDOM OF EXPRESSION AND agencies to monitor all phone activity, ASSOCIATION including emails, files, contact lists, location information and chat messages. It also Unlawful and politically motivated restrictions enabled governments to secretly record audio were placed on freedom of expression and and video using a phone’s built-in assembly. Outspoken journalists, media microphone and camera. The ruling outlets, actors and human rights activists Bharatiya Janata Party (BJP) stalled all attempts by opposition leaders in parliament Amnesty International Report 2021/22 190

to initiate an investigation into the allegations. Sudha Bharadwaj; writer Gautam Navlakha; On 27 October, the Supreme Court ordered activists Rona Wilson, Arun Ferreira, Vernon the formation of a three-member committee Gonsalves and Sagar Gorkhe; and two to conduct an independent investigation into members of the cultural group Kabir Kala the use of Pegasus spyware for unlawful Manch: Ramesh Gaichor and Jyoti Jagtap. surveillance. They were arrested between 2018 and 2020 The names of many human rights by the National Investigation Agency (NIA), defenders, including lawyers and academics, India’s main counterterrorism agency, for were added to the government’s Union War their alleged involvement in violence during Book as “enemies of state” requiring the Bhima Koregaon celebrations near the “surveillance at all times”. The book is a city of Pune in 2018. colonial-era document which compiles The government cracked down on social information related to security threats. media and internet use by resorting to In May, the government enforced the arbitrary arrests. In February, climate activist Information Technology (Intermediary Disha Ravi was arrested for “sedition” and Guidelines and Digital Media Ethics Code) “spreading disharmony between Rules without the necessary public communities” for sharing a social media consultation and despite pending litigation in toolkit intended to help farmers protest various courts. The Rules regulate so-called against three contentious farming laws. More Over-the-Top (OTT) platforms such as than 183 people were arrested for protesting television streaming services, as well as news against the three laws, which were passed by media platforms. They allow for the blocking parliament in 2020 with minimal and censoring of content without any consultation. The laws were repealed in legislative backing. The introduction of the December. Rules also mandated the identification of the On 9 March, Hidme Markam, a human originator of certain information on social rights activist from the Adivasi Indigenous media, effectively breaking end-to-end community, was arrested under the UAPA for encryption and violating the right to privacy. highlighting sexual violence against women India witnessed 38 government-mandated by state security forces. On 8 April, various internet shutdowns during the year. UN Special Rapporteurs wrote to the Indian Residents of Jammu and Kashmir suffered government questioning the charges against the longest internet shutdown on record from her. The government refused to share the 4 August 2019 to 5 February 2021. The legal basis for her arrest. region continued to suffer repeated internet On 21 September, Aakar Patel, a human shutdowns over concerns for national rights activist and Chair of Amnesty security and public order. The shutdowns International India, was arrested and charged caused economic loss and adversely with “creating communal disharmony” after impacted education and other service tweeting about hostility towards the Ghanchi provision. They also put human rights Muslim community, including from the ruling defenders at heightened risk of surveillance BJP. The complaint was filed by a sitting by government agencies. member of the legislative assembly who was ARBITRARY ARRESTS AND DETENTIONS affiliated to the BJP. Hundreds of members of the Muslim Fourteen human rights activists continued to Tablighi Jamaat movement, who were be detained under the Unlawful Activities arbitrarily arrested by 11 state governments (Prevention) Act (UAPA) anti-terror for allegedly violating visa terms and legislation. They were academics Anand intentionally disregarding Covid-19 Teltumbde, Shoma Sen and Hany Babu; guidelines, were acquitted by the courts. The tribal rights activist Mahesh Raut; poet Sudhir court judgments called the prosecution Dhawale; lawyers Surendra Gadling and “malicious” and held that the state Amnesty International Report 2021/22 191

governments abused their power and tried to In July, an 84-year-old Jesuit priest, Father make “scapegoats” of the accused. Stan Swamy, died after being repeatedly In October, several opposition politicians denied bail despite suffering from Parkinson’s were arbitrarily detained or put under house disease and contracting Covid-19 in jail. He arrest by the Uttar Pradesh Police for had been arrested in October 2020 by the showing their support for four protesting NIA for his alleged involvement in violence farmers who were killed by a speeding car during the Bhima Koregaon celebrations near owned by the junior home minister. the city of Pune in 2018. Father Swamy had CASTE-BASED DISCRIMINATION AND been a vocal supporter of tribal peoples. HATE CRIMES At least 28 people were killed in targeted attacks in Jammu and Kashmir by members Dalits and Adivasis continued to face of armed groups. The Indian government widespread abuses. According to official failed to address the human rights and safety statistics released in September, more than concerns of the people of Jammu and 50,000 crimes against members of Kashmir. Scheduled Castes and 8,272 crimes against EXCESSIVE USE OF FORCE Scheduled Tribes were reported in 2020. Dalit and Adivasi women faced sexual There were numerous incidents of excessive violence by men from dominant classes. use of force by police and security officers. In Many faced discrimination in accessing August, Haryana Police charged on public services. peacefully protesting farmers in the city of In June, a 17-year-old Dalit boy was shot Karnal, Haryana, beating them with lathis dead by dominant-caste men in the city of (batons), and seriously injuring at least 10 Bijnor, Uttar Pradesh. The victim had farmers. Prior to the lathi-charge, the sub- previously lodged a complaint with local divisional magistrate of Karnal was seen police after the men objected to him entering ordering police officers to “break the heads of a temple, but the police had not taken any protesters” in a video shared on social media. action. In September, Assam Police In August, a nine-year-old Dalit girl was indiscriminately fired on members of the allegedly raped and murdered by four men Bengali Muslim community in a forced including a Hindu priest in a Delhi eviction drive in the village of Sipajhar, crematorium, and then cremated without her Assam, killing a man and a 12-year-old boy. family’s consent. A photojournalist was seen stamping on the In September, Arbaaz Aftab was murdered, body of the murdered man in the presence of allegedly at the behest of his Hindu police officers who did not prevent the act, in girlfriend’s parents, who opposed their a video shared on social media. After intense daughter’s interfaith relationship. public outrage, the photojournalist was Despite legislation in various states arrested. criminalizing acts of lynching, Dalit and In October, the central government Muslim men were assaulted or beaten to extended the jurisdiction of the Border death by vigilante cow protection groups in Security Force in states sharing international Assam, Bihar, Jammu and Kashmir, borders, and gave them increased powers of Meghalaya, Rajasthan, Uttar Pradesh, Tripura search, seizure and arrest. In the past, the and Uttar Pradesh. Border Security Force has been accused of IMPUNITY grave human rights violations including unlawful use of force, extrajudicial killings, Enforced disappearances and torture and and torture and other ill-treatment. other ill-treatment were committed with impunity on a widespread and systematic basis. Amnesty International Report 2021/22 192

RIGHT TO A FAIR TRIAL FREEDOM OF RELIGION AND BELIEF In June, the Supreme Court granted bail to In April, stringent amendments were made to students and human rights activists Natasha an anti-conversion law in the state of Gujarat. Narwal, Devangana Kalita and Asif Iqbal The amendments punish religious conversion Tanha, who were arrested under the UAPA with up to 10 years in prison, and nullify the for allegedly orchestrating the 2020 Delhi marriages of those who have converted. The riots. However, it barred this judgment from burden of proof is reversed, and the woman’s being used as a precedent in similar cases, testimony that she converted of her own effectively preventing courts from granting volition is insufficient. Her husband and his bail to other students and human rights family must prove that she was not coerced activists languishing in jail for peacefully to change her religion. In the past, similar protesting against the Citizenship laws were enacted in Uttarakhand, Himachal Amendment Act. The Supreme Court also Pradesh, Uttar Pradesh and Madhya delayed hearing crucial cases related to the Pradesh. In August, the Gujarat High Court constitutional validity of the Citizenship suspended certain provisions of the law, Amendment Act as well as to sedition and holding them to be unconstitutional. the abrogation of Article 370 of the DISCRIMINATION Constitution. It also delayed hearing the challenges to the three laws on farming that In June, the BJP-led state government in were passed with minimal consultation in Assam introduced a two-child policy, which 2020 and resulted in long-standing protests barred those with larger families of more than by farmers. two children from contesting local elections, RIGHT TO HEALTH applying for government jobs and getting subsidies from government welfare schemes. In 2020, the government set up the PM The BJP-led government in the state of Uttar CARES Fund to deal with emergency Pradesh introduced a similar draft law. situations including the Covid-19 pandemic. However, there was a lack of transparency over the distribution of huge grants collected INDONESIA by the fund. The central government exempted the fund from audit by the Republic of Indonesia Comptroller and Auditor General, calling it a Head of state and government: Joko Widodo “public charitable trust”. Despite the high number of reported Human rights defenders, academics, Covid-19 cases, the central government journalists and students were among those allowed religious congregations like the prosecuted and harassed for their legitimate Kumbh Mela and election rallies to go ahead. activities. The Electronic Information and Prime Minister Modi personally appealed to Transaction Law was widely used to restrict citizens to attend. It later emerged that these the right to freedom of expression online. events contributed to a second wave of Political and labour rights activists and Covid-19 infections, during which there was Indigenous peoples were among those an acute shortage of hospital beds and arrested and prosecuted, including for oxygen to treat patients. participating in peaceful protests, and Community health workers, including the excessive force was used to disperse all-female Accredited Social Health Activists protesters. At least 28 prisoners of (ASHA workers) who operate in rural areas, conscience remained imprisoned. Security were not given adequate wages or PPE. forces committed unlawful killings in Papua and West Papua, largely with impunity. There was a continued pattern of Amnesty International Report 2021/22 193

discrimination against members of the disrupted by spam intrusions and other 2 Ahmadiyya religious community. digital interruptions. BACKGROUND INDIGENOUS PEOPLES’ RIGHTS A sharp increase in Covid-19 infections in There was an ongoing pattern of violence and mid-2021 threatened access to healthcare, intimidation throughout 2021 towards with many hospitals unable to provide beds Indigenous peoples seeking to protect their or oxygen for treatment. Economic challenges lands and traditions from commercial and dissatisfaction with the government’s activities. response to the pandemic contributed to On 27 February, three leaders of the Dayak growing discontent and increased public Modang Long Wai Indigenous people in East protest. Kalimantan province were arrested during a HUMAN RIGHTS DEFENDERS protest against a palm oil plantation company that was operating on their customary lands. At least 158 physical assaults, digital attacks, In April, members of the Sakai Indigenous threats and other forms of attack against 367 people in Riau province were met with human rights defenders were reported during violence when attempting to stop eucalyptus the year. trees being planted on their lands by private In February, father and son Syamsul Bahri security officers employed by a timber and Samsir from the Nipah Farmer company with which they had a longstanding community in North Sumatra province were dispute over land rights. Community accused of assault, arrested, and detained members attempting to block the operation for 14 days following an incident in were pushed, dragged and thrown to the December 2020 when Syamsul Bahri, the ground by the security officers. community chairman, questioned two people In a similar incident in May, members of the who were taking photographs of them Huta Natumingka Indigenous people in North working on a mangrove rehabilitation project Sumatra province were violently assaulted in the area. Local NGOs believed that the when protesting against the arrival of assault charges were linked to the men’s hundreds of private security officers sent by a activities to conserve and defend access to pulp and paper company to plant eucalyptus their community lands. They were convicted trees on the land they inhabited. Dozens of on 31 May and sentenced to two months’ community members suffered injuries in the suspended prison sentence and four months’ two incidents. probation. On 18 August, the Medan High FREEDOM OF EXPRESSION Court upheld the ruling after an appeal by the prosecutor seeking the imprisonment of Authorities continued to limit the right to 1 Syamsul Bahri and Samsir. They remained freedom of expression both online and under probation at year’s end. offline. The Electronic Information and On 17 May, following their public criticism Transaction (EIT) Law was used against of the dismissal of 75 employees of individuals for their legitimate criticisms of Indonesia’s Corruption Eradication official policies or actions in at least 91 cases Commission (KPK), Busyro Muqoddas and involving 106 victims. These included Saiful Bambang Widjojanto, both former KPK Mahdi, a lecturer at the Syiah Kuala commissioners, and at least six members of University in Aceh province, who began a the NGO Indonesian Corruption Watch (ICW), three-month prison sentence on 2 September reported that unidentified parties had hacked after being found guilty of criticizing the their messaging app accounts. The hacks university’s hiring process in a WhatsApp occurred ahead of an ICW press conference group in 2019. He was released on 12 criticizing the dismissals, which was also October after being granted an amnesty by the president. Amnesty International Report 2021/22 194

On 22 September, the coordinating minister and eight months. The charge related to an for maritime and investment affairs accused incident in June 2020 when Aan Aminah had Haris Azhar and Fatia Maulidiyanti of been attempting to speak to company bosses “spreading false information” in connection about the termination of contracts of several with a YouTube video they hosted in August workers when she defended herself against 2020 in which they reported allegations that forcible removal by security guards.5 She was the minister and members of the military acquitted on 6 July, but the prosecutor were involved in the mining industry in appealed against the decision. No decision Papua. The two video hosts were sent had been made on the appeal by the end of subpoenas on 26 August and 2 September the year. by the minister under the EIT Law and faced On 1 May, police arrested dozens of criminal investigation. students who were participating in peaceful In August, the police interrogated several protests to mark International Labour Day in individuals suspected of making murals and the capital, Jakarta, and the city of Medan. posters featuring messages critical of the The police reportedly claimed that only government that appeared in several cities.3 manual workers were permitted to take part On 13 September, at least seven students of in Labour Day events. Universitas Sebelas Maret in Surakarta in EXCESSIVE USE OF FORCE Central Java were arrested after unfurling posters during a visit to the campus by Peaceful protests against the renewal of and President Widodo. The posters contained revisions to the Special Autonomy Law for appeals to the president to support local Papua, passed by Indonesia’s House of farmers, address corruption and prioritize Representatives on 15 July, were met with public health during the pandemic.4 disproportionate force including beatings, FREEDOM OF ASSOCIATION AND water cannon and baton rounds. ASSEMBLY Protests took place in Jakarta and Papua against the extension of the special autonomy Authorities continued to arbitrarily arrest and status of Papua, and against new provisions detain political activists in the regions of introducing additional central government Papua and Maluku where there was a history powers over Papuan affairs and removing the of pro-independence movements. At year’s right of Papuans to form political parties. On end, at least 15 Papuan prisoners of 14 July, at least four students were injured in conscience and 11 from Maluku were still Jayapura after clashes with security forces. imprisoned. All were charged with or found Police reportedly beat protesters using their guilty of makar (rebellion) provisions of fists, guns and rubber batons. Indonesia’s Criminal Code. On 15 July, police dispersed protesters in On 9 May authorities in Jayapura, the front of the House of Representatives capital of Papua, arrested Papuan pro- building in Jakarta. At least 50 people were independence activist Victor Yeimo who was arrested. One protester described being peacefully protesting against racial beaten, punched, stamped on and racially discrimination. He was charged with violating abused by members of the security forces Article 106 on treason and Article 110 on before being pulled into a truck and taken to conspiracy to commit treason under the the Jakarta police headquarters. On 16 Criminal Code. His trial was pending at the August, during another protest in Jayapura, end of the year. security forces used water cannons, rubber Individuals supporting workers’ rights were batons, and baton rounds to disperse detained. On 22 February, Aan Aminah, the protesters. head of the Militant Trade Unions Federation, was detained on charges of assault, which carries a prison sentence of up to two years Amnesty International Report 2021/22 195

UNLAWFUL KILLINGS forces on 7 May in a hospital committee There were reports of 11 incidents of room. suspected unlawful killings by security forces FREEDOM OF RELIGION AND BELIEF involving 15 victims during the year. All took place in Papua. Five involved members of the The Ahmadiyya religious community Indonesian military, two were attributed to the continued to face discrimination and its police, and four implicated both military and members were denied the right to carry out police officers. Authorities claimed that they religious activities in several provinces. In had initiated investigations into four of the 11 Sintang Regency, West Kalimantan province, incidents, but no one had been brought to local authorities issued a “Joint Agreement justice in connection with any of the killings Letter” on 29 April forbidding the local by the end of 2021. Ahmadiyya community from practising their On 4 June, Denis Tabuni and Eliur Kogoya religion. On 13 August the Ahmadiyya were shot by a member of the military in a mosque was closed down following pressure market in the town of Wamena in Jayawijaya from a local Islamist group. The following Regency. Denis Tabuni died and Eliur Kogoya month, a group of unidentified assailants sustained a gunshot wound to his leg. attacked the mosque and burnt down an Instead of an investigation, a “peace adjacent building. Authorities who were 8 agreement” was signed between the alleged present took no action to prevent the attack. perpetrator and Eliur Kogoya’s family.6 On 6 May, police officers stopped On 16 August, police shot dead Ferianus construction work on an Ahmadiyya mosque Asso who was participating in a protest in in Garut Regency, West Java province, and Yahukimo Regency, Papua, to demand the sealed off the site. The action was reportedly release of Papuan pro-independence activist taken under an order from the Garut Regent 9 Victor Yeimo. following protests from local residents. Ahmadiyya community representatives were WORKERS’ RIGHTS excluded from discussions between the local The disbursement of incentive payments to leaders and residents prior to the work on the health workers in recognition of their work mosque being halted. Their request to during the Covid-19 pandemic was delayed discuss the issue with the police was also by data inconsistencies and bureaucratic rejected. hurdles. The incentive system was introduced in March but as of July at least 1. Indonesia: Further information: Environmental Human Rights 21,424 health workers across 21 provinces Defenders Free: Syamsul Bahri and Samsir (ASA 21/4871/2021), 12 had experienced delays or even cuts to October payments to which they were entitled. 2. “Indonesia: Hacking the accounts of anti-corruption activists is a According to LaporCovid-19, an independent form of stifling freedom of expression”, 18 May (Indonesian only) citizen-based reporting platform, many health 3. “Indonesia: Freedom of expression: 404 not found”, 20 August workers had to go in person to the Ministry of (Indonesian only) Health in Jakarta to ensure that their data 4. “Indonesia: Excessive, police action arrests poster bearers”, 14 was accurately recorded; this was not always September (Indonesian only) possible, especially for those working in more 5. “Indonesia: Bandung - Free the head of Sebumi Federation Aan remote areas.7 Aminah”, 25 February (Indonesian only) A former volunteer health worker at the 6. “Indonesia: Unlawful killings cannot be solved only by peace Wisma Atlet Emergency Hospital in Jakarta agreement”, 25 June (Indonesian only) was subjected to intimidation by the security 7. “Indonesia: Ensure health workers are paid on time and in full as forces after planning a press conference to Covid crisis continues”, 6 August publicize delays in the delivery of incentive 8. “Indonesia: The state must protect Ahmadiyya citizens in Sintang”, 3 payments. She said that she was interrogated September (Indonesian only) for approximately five hours by security Amnesty International Report 2021/22 196

9. “Indonesia: Repeal joint ministerial decree and protect Ahmadiyya’s running, and threatened to prosecute anyone rights”, 7 May (Indonesian only) encouraging election boycott. Ongoing US sanctions, Covid-19 and IRAN corruption deepened Iran’s economic crisis, characterized by high inflation, job losses and low or unpaid wages. Strikes and rallies Islamic Republic of Iran punctuated the year as authorities failed to Head of state: Ali Khamenei (Supreme Leader) prioritize adequate wages, housing, Head of government: Ebrahim Raisi (President, healthcare, food security and education in replaced Hassan Rouhani in August) public budgets. Environmental experts criticized the Thousands of people were interrogated, authorities’ failure to address Iran’s unfairly prosecuted and/or arbitrarily environmental crisis, marked by loss of lakes, detained solely for peacefully exercising rivers and wetlands; deforestation; water their human rights, and hundreds remained pollution from raw sewage and industrial unjustly imprisoned. Security forces waste; and land sinking. unlawfully used lethal force and birdshot to Iran continued to provide military support to crush protests. Women, LGBTI people and government forces in the armed conflict in ethnic and religious minorities faced Syria (see Syria entry). entrenched discrimination and violence. In February, a Belgian court sentenced Legislative developments further Iranian diplomat Assadollah Asadi to 20 undermined sexual and reproductive rights, years’ imprisonment for his role in a thwarted the right to freedom of religion and belief, bomb attack against a rally by an exiled and access to the internet. Torture and Iranian opposition group in France in 2018. other ill-treatment, including denying In March, the UN Human Rights Council prisoners adequate medical care, remained renewed the mandate of the Special widespread and systematic. Authorities Rapporteur on Iran. The authorities denied failed to ensure timely and equitable access him, other UN experts and independent to Covid-19 vaccines. Judicial punishments observers entry to Iran. of floggings, amputations and blinding were FREEDOM OF EXPRESSION, imposed. The death penalty was used ASSOCIATION AND ASSEMBLY widely, including as a weapon of repression. Executions were carried out after unfair The authorities continued to heavily suppress trials. Systemic impunity prevailed for past the rights to freedom of expression, and ongoing crimes against humanity association and assembly. They banned related to prison massacres in 1988 and independent political parties, trade unions other crimes under international law. and civil society organizations, censored BACKGROUND media and jammed satellite television channels. The former head of Iran’s judiciary, Ebrahim In January, the authorities added Signal to Raisi, rose to the presidency in June instead the list of blocked social media platforms, of being investigated for crimes against which included Facebook, Telegram, Twitter humanity related to the mass enforced and YouTube. Security and intelligence disappearances and extrajudicial executions officials carried out arbitrary arrests for social of 1988, reflecting systemic impunity in Iran.1 media postings deemed “counter- Presidential elections were held in a revolutionary” or “un-Islamic”. repressive environment with a markedly low The authorities imposed internet shutdowns turnout. Authorities barred women, members during protests, hiding the scale of violations of religious minorities and critics from by security forces. In July, parliament fast- tracked preparations for a bill that is Amnesty International Report 2021/22 197

expected to be adopted in 2022 and which scores of people, including children, being would criminalize the production and blinded or sustaining other serious eye distribution of censorship circumvention tools injuries. and intensify surveillance. Over 700 petrochemical workers were Several thousand men, women and children unjustly dismissed for participating in were interrogated, unfairly prosecuted and/or nationwide strikes in June. arbitrarily detained solely for peacefully TORTURE AND OTHER ILL-TREATMENT exercising their rights to freedom of expression, association and assembly. Torture and other ill-treatment remained Among them were protesters, journalists, widespread and systematic, especially during dissidents, artists, writers, teachers and dual interrogation. Torture-tainted “confessions” nationals. Also among them were human were broadcast on state television and rights defenders, including lawyers; women’s consistently used to issue convictions. rights defenders; defenders of LGBTI Prison and prosecution authorities, working people’s rights, labour rights and minority under the judiciary, held prisoners in cruel rights; environmentalists; anti-death penalty and inhuman conditions characterized by campaigners; and bereaved relatives overcrowding, poor sanitation, inadequate demanding accountability, including for mass food and water, insufficient beds, poor executions and enforced disappearances in ventilation and insect infestation, and denied the 1980s. Hundreds remained unjustly many of them adequate medical care, imprisoned at the end of the year. placing them at greater risk of Covid-19. The decade-long arbitrary house arrest of Increasingly, the authorities transferred former presidential candidates Mehdi women prisoners of conscience to squalid Karroubi and Mir Hossein Mousavi, and the conditions in prisons far from their families in latter’s wife, Zahra Rahnavard, continued. reprisal for continuing to denounce human Dissidents and journalists based abroad rights violations while imprisoned. faced intensified threats, and their families in Leaked surveillance footage from Tehran’s Iran were interrogated and/or arbitrarily Evin prison in August showed prison officials 2 detained in reprisal for their work. In July, beating, sexually harassing and otherwise US prosecution authorities charged four torturing or ill-treating prisoners.4 Iranian agents for conspiring to abduct At least 24 prisoners died in suspicious Iranian-US journalist Masih Alinejad from US circumstances involving allegations of torture soil. In August, intelligence officials or other ill-treatment, including the denial of 5 interrogated the relatives of exiled Kurdish adequate medical care. human rights defender Arsalan Yarahmadi The Penal Code retained punishments and threatened him with death. Iranian- violating the prohibition of torture and other Swedish dissident Habib Chaab and Iranian- ill-treatment, including flogging, blinding, German dissident Jamshid Sharmahd, who amputation, crucifixion and stoning. In had previously been abducted abroad and February, Hadi Rostami was flogged 60 times returned to Iran, remained at risk of the in Urumieh prison in reprisal for his hunger death penalty. strikes against repeated threats that his Security forces deployed unlawful force, amputation sentence would be implemented. including live ammunition and birdshot, to Hadi Atazadeh died in Ahar prison in crush mostly peaceful protests. In July, at September after being flogged. least 11 people were shot dead during In October, a court in Tehran sentenced a protests over water shortages in Khuzestan man to be blinded in one eye under the and Lorestan provinces and scores were principle of “retribution-in-kind” (qesas) for 3 injured. On 26 November, security forces assault. fired metal pellets to disperse protests over water mismanagement in Esfahan, leading to Amnesty International Report 2021/22 198

At least 152 people were sentenced to at a younger age. According to official figures, flogging, according to the Abdorrahman between March 2020 and March 2021, the Boroumand Center. marriages of 31,379 girls aged between 10 DISCRIMINATION and 14 were registered, representing a 10.5% increase over the previous year. WOMEN AND GIRLS LGBTI PEOPLE Women faced discrimination in law and The murder in May of Alireza Fazeli practice, including in relation to marriage, Monfared, who self-identified as a non-binary divorce, employment, inheritance and gay man, highlighted how the criminalization political office. of consensual same-sex sexual conduct and Discriminatory compulsory veiling laws led gender non-conformity with punishments to daily harassment, arbitrary detention, ranging from flogging to the death penalty torture and other ill-treatment, and denial of perpetuated violence and discrimination access to education, employment and public against LGBTI people.6 spaces. At least six women’s rights defenders State-endorsed “conversion therapies” remained imprisoned for campaigning amounting to torture or other ill-treatment against compulsory veiling. remained prevalent, including against Parliament further undermined the right to children. sexual and reproductive health by adopting Gender non-conforming individuals risked the bill “Youthful population and protection of criminalization unless they sought a legal the family” in November which, among other gender change, which required gender things, bans state-funded facilities from reassignment surgery and sterilization. providing birth control free of charge; The military continued to characterize requires pharmacies to sell contraception homosexuality as a “perversion”. Military only with a prescription; bans vasectomy and exemption cards issued to gay and tubectomy except when pregnancy would transgender individuals indirectly disclosed endanger a woman’s life or lead to serious their sexual orientation or gender identity physical harm or unbearable hardship during without their consent, putting them at risk of pregnancy or after labour; and suppresses violence. access to prenatal screening tests. ETHNIC MINORITIES The parliamentary Social Commission Ethnic minorities, including Ahwazi Arabs, approved the long-standing bill “Defending Azerbaijani Turks, Baluchis, Kurds and dignity and protecting women against Turkmen, faced discrimination, curtailing violence” in July after regressive their access to education, employment and amendments by the judiciary. The bill, which political office. Despite repeated calls for awaited final approval, contains welcome linguistic diversity, Persian remained the sole provisions, including the establishment of language of instruction in primary and special police units, safe houses and a secondary education. national working group to devise strategies to Ethnic minorities remained tackle violence against women and girls. disproportionately affected by death However, it fails to define domestic violence sentences imposed for vague charges such as a separate offence, criminalize marital as “enmity against God”. The authorities rape and child marriage, or ensure men who secretly executed those convicted of such murder their wives or daughters face charges and refused to return their bodies to proportionate punishments. In cases of their families, as in the cases of four Ahwazi domestic violence, the bill prioritizes Arab men in March and a Kurdish man, reconciliation over accountability. Heidar Ghorbani, in December.7 At least 20 The legal age of marriage for girls stayed at Kurdish men remained on death row after 13, and fathers could obtain judicial being convicted of such charges. permission for their daughters to be married Amnesty International Report 2021/22 199

The authorities refused to cease and In January, parliament further undermined provide accountability for the unlawful killing the right to freedom of religion and belief by of scores of unarmed Kurdish cross-border introducing two articles to the Penal Code couriers (kulbars) between the Kurdistan that prescribe up to five years’ imprisonment regions of Iran and Iraq, and of unarmed and/or a fine for “insulting Iranian ethnicities, Baluchi fuel porters (soukhtbar) in Sistan and divine religions or Islamic denominations” or Baluchestan province.8 for engaging in “deviant educational or More than 200 Kurds, including dissidents proselytizing activity contradicting … Islam”. and civil society activists, were swept up in In July, three Christian converts were two waves of arbitrary arrests in January and sentenced to lengthy imprisonment on this July-August.9 Most were released after weeks basis. or months of being forcibly disappeared or Several Gonabadi Dervishes remained detained incommunicado, while several unjustly imprisoned, including in connection remained in prison and several others were with a peaceful protest that authorities sentenced to imprisonment. violently quashed in 2018. One of them, RELIGIOUS MINORITIES Behnam Mahjoubi, died in custody on 21 Religious minorities, including Baha’is, February following months of torture and Christians, Gonabadi Dervishes, Jews, other ill-treatment, including deliberate denial Yaresan and Sunni Muslims, suffered of adequate medical care. discrimination in law and practice, including Authorities continued to raid house in access to education, employment, child churches. adoption, political office and places of RIGHT TO HEALTH worship, as well as arbitrary detention, and torture and other ill-treatment for professing The authorities’ response to Covid-19 was or practising their faith. marked by a lack of transparency and failure People born to parents classified as Muslim to address shortages of vaccines, hospital by the authorities remained at risk of arbitrary beds, oxygen supplies and nurses. detention, torture or the death penalty for Iran launched its Covid-19 vaccination “apostasy” if they adopted other religions or programme in February, but given the atheist beliefs. Supreme Leader’s January decision to ban Members of the Baha’i minority suffered vaccines produced in the UK and USA, by widespread and systematic violations, August less than 6% of the population had including arbitrary detention, torture and been vaccinated. The ban was lifted in other ill-treatment, enforced disappearance, August and over 80% of the population had forcible closure of businesses, confiscation of received the first dose of the vaccine by the property, house demolitions, destruction of end of the year. cemeteries, and hate speech by officials and The authorities failed to devise a national state media, and were banned from higher strategy to ensure timely and equitable education. In April, authorities prevented access to Covid-19 vaccines for thousands of Baha’is from burying their loved ones in undocumented Afghan nationals, with local empty plots at a cemetery near Tehran, officials in some provinces establishing insisting they bury them between existing special vaccination centres for this group graves or at the nearby Khavaran mass grave from October. site related to the 1988 prison massacres; In some cities, mobile vaccination teams authorities lifted the ban after a public were dispatched to informal settlements and outcry.10 In June, security forces demolished areas where people experiencing around 50 Baha’i homes in the village of Ivel homelessness were living, but outreach in Mazandaran province as part of a long- remained uneven nationally. standing campaign to expel them from the The vaccination of prisoners did not start region. until August. Amnesty International Report 2021/22 200

Six people were arbitrarily arrested in down of Flight 752 by the Revolutionary August and tried on spurious national Guards, which killed 176 people, and security charges in October solely for meeting harassed, arbitrarily detained, tortured or to discuss possible legal action over the otherwise ill-treated bereaved relatives for authorities’ failure to ensure access to seeking justice. In November, the Covid-19 vaccines. prosecution of 10 low-ranking officials before DEATH PENALTY a military court in Tehran started behind closed doors amid grievances by victims’ The death penalty was imposed after unfair relatives about the impunity afforded to top trials, including for offences not meeting the military and executive officials. threshold of the “most serious crimes” such as drug-trafficking and financial corruption, 1. “Iran: Ebrahim Raisi must be investigated for crimes against and for acts not internationally recognized as humanity”, 19 June crimes. Death sentences were used as a 2. Iran: Rights Groups: Iranian Dissidents Remain at Risk Worldwide weapon of repression against protesters, Without International Action (Index: MDE 13/4480/2021), 19 July dissidents and ethnic minorities. 3. “Iran: Security forces use live ammunition and birdshot to crush Yousef Mehrdad and Saadollah Fazeli in Khuzestan protests”, 23 July; “Iran: Security forces use ruthless force, Arak were sentenced to death for “insulting mass arrests and torture to crush peaceful protests”, 11 August 4. “Iran: Leaked video footage from Evin prison offers rare glimpse of the Prophet”. Sajad Sanjari, arrested when aged 15, and cruelty against prisoners”, 25 August Arman Abdolali, arrested when aged 17, 5. “Iran: A decade of deaths in custody unpunished amid systemic were executed in August and November, impunity for torture”, 15 September respectively. Over 80 people remained on 6. Iran: Murder of 20-year-old Gay Man Highlights Urgent Need to death row for offences that occurred when Protect LGBTI Rights (Index: MDE 13/4129/2021), 17 May they were children. 7. Iran: Four Ahwazi Arab men secretly executed (Index: MDE 13/3864/2021), 18 March IMPUNITY 8. “Iran: Unlawful killings of destitute fuel porters must be The authorities continued to cover up the independently investigated”, 2 March number of those killed during November 9. Iran: Joint Statement: Urgent International Action Needed to Secure Release of Kurdish Activists and Others Arbitrarily Detained in Iran 2019 protests, dismissed complaints by (Index: MDE 13/3624/2021), 3 February victims’ families, and praised security forces 10. “Iran: Stop destruction of mass grave site and allow dignified burials for the crackdown. Throughout the year, of persecuted Baha’is”, 29 April security forces dispersed peaceful gatherings of relatives seeking justice and beat and temporarily detained them. Manouchehr IRAQ Bakhtiari, the father of a killed protester, was detained in April and sentenced to Republic of Iraq imprisonment in July for denouncing Head of state: Barham Ahmed Salih impunity. Head of government: Mustafa Al-Kadhimi The trial of Hamid Nouri, arrested in Sweden for alleged involvement in prison State-affiliated armed actors targeted, massacres in 1988, began in August under threatened, abducted and extrajudicially the principle of universal jurisdiction. executed dissidents and activists as well as Consistent with long-standing patterns of their families, leading survivors to flee into denial and distortion, Iran’s foreign affairs hiding. Iraqi authorities arrested and ministry described the trial as a “plot” prosecuted individuals for some of these concocted by “terrorists” that relied on “fake attacks, but tens of people remained documentation and witnesses”. disappeared. The Kurdistan Regional The authorities continued to conceal the Government (KRG) cracked down on dissent truth surrounding the January 2020 shooting and sentenced activists and journalists Amnesty International Report 2021/22 201

under national security and cybercrime laws security forces, leaving at least two people for acts related to freedom of expression. dead and over 100 injured. In apparent KRG security and intelligence forces retaliation, three drone attacks were carried violently dispersed and arrested protesters. out on Prime Minister Mustafa Al-Kadhimi’s Measures to contain Covid-19, coupled with home on 7 November; no one was killed. droughts, adversely affected the economic Iraq’s Supreme Court upheld the election welfare of Iraqis. Armed actors continued to results on 27 December but a new obstruct internally displaced people from government had not been formed by the end accessing their human rights, and Iraqi of the year. authorities closed all but two camps and In Erbil, capital of the Kurdistan Region of subjected thousands to secondary Iraq (KR-I), rocket attacks on the airport displacement and collective punishment. where US personnel are based, and on the Gender-based violence increased US embassy in Baghdad’s Green Zone, were dramatically during the pandemic, and attributed to PMU factions. central and regional authorities failed to Hundreds of families returned to Iraq from address protection of women and girls in Syria; they had fled the country during the the home. The armed group Islamic State conflict involving Islamic State. continued to target and kill civilians and Turkey increased air attacks on areas in the members of Iraqi security forces in northern KR-I, mainly in Duhok and Erbil and central Iraq. Courts in Iraq continued to governorates, targeting the Kurdistan Workers hand down death sentences for a range of Party. criminal acts and carried out executions. In November and December, heavy rainfall BACKGROUND caused flash floods, destroying at least hundreds of homes in Erbil, displacing Humanitarian actors reported significant thousands of people and killing at least community transmission of Covid-19 seven. throughout the country, but Iraqi authorities EXTRAJUDICIAL EXECUTIONS AND opted for restrictive measures such as ENFORCED DISAPPEARANCES curfews, restricted hours and closing shopping centres instead of full lockdowns In several southern governorates, armed due to the adverse impact on the economic actors, including PMU members, welfare of Iraqis. extrajudicially killed or attempted to kill tens The initial results of parliamentary elections of activists who rose to prominence during on 10 October were disputed after factions of protests that began in October 2019 against the Popular Mobilization Units (PMU) militias government corruption and for improved job – which are affiliated to the central authorities opportunities and public services. Most and were designated as part of the Iraqi victims were killed late at night, often as they armed forces in 2016 – disputed the results were returning home from protests, mainly by in which they lost 48 seats. They cited voter armed men on motorcycles or in vehicles fraud, vote tampering, “foreign interference” with blacked-out side windows. Shots were and made threats of violence against election usually fired at the head or chest. committee staff and independent monitors. In July, the authorities announced the arrest On 24 October, at least 1,500 supporters of of one suspected perpetrator of these killings these factions attempted to storm the but no further information was provided. In International Zone (Green Zone) in the capital October and November, relying on the 2005 Baghdad but were stopped by Iraqi security Anti-Terrorism Law, courts sentenced to forces. In response, a manual recount of death individuals who had been convicted of votes was conducted. On 5 November, targeting and killing activists and journalists supporters of the factions again attempted to in Baghdad and Basra in 2019 and 2020. storm the Green Zone and clashed with However, beyond the limited information Amnesty International Report 2021/22 202

provided on these cases, no further extracted under duress, failure to provide in a information was given, including as to timely manner the case documents to whether any steps were taken to provide defence lawyers, and failure to order redress to any of the victims’ families. investigations into the defendants’ claims of PMU members also threatened activists and torture. The KRG denied in a letter to their families with violence and in some cases Amnesty International that the convictions extrajudicially executed people. Jaseb were related to the individuals’ work as Hattab, the father of human rights lawyer Ali journalists, but Amnesty International’s review Jaseb who was forcibly disappeared by a of the evidence on which they were convicted PMU faction in Amarah city in south-east found that it consisted entirely of social Iraq in October 2019, was killed in March in media messaging for journalistic work. retaliation for his campaign for justice for his FREEDOM OF ASSEMBLY son. Members of security forces and PMU Protests continued throughout 2021 even factions threatened activists and their families though the Covid-19 pandemic interrupted with violence in Baghdad and the southern and subdued many of them. cities of Basra, Nasriya and Diwaniya, forcing By April, KRG security forces had arrested tens of individuals to flee into hiding. A local over 100 individuals in the Badinan area in monitoring group reported that in Basra, north-west Duhok governorate for taking part security forces had tortured at least three in protests against government corruption activists to death in detention in July and and non-payment of civil servants’ salaries, August. including those of teachers and health The fate of tens of activists and protesters workers. Many were released shortly after abducted by unidentified gunmen and PMU arrest, but dozens remained detained at the members in 2019 and 2020 remained end of the year. KRG authorities also issued unknown. arrest warrants for relatives of activists and FREEDOM OF EXPRESSION critics, leading many to flee their home towns with their families. Between late November The KRG used national security reasons to and early December, security forces in justify systematically targeting critics, Sulaimaniya governorate in the KR-I journalists, human rights defenders and other responded to student protesters with tear civil society activists through prosecutions. gas, water cannons, rubber bullets and live KRG security forces arbitrarily arrested tens ammunition, killing at least eight protesters. of people for social media posts, news In February, KRG security forces and articles or reporting on demonstrations. Parastin intelligence forces (a branch of the In February, a court in Erbil sentenced five security forces under the sole command of activists and journalists to six years’ the leading political party in the KRG) imprisonment each for acts related to their arrested dozens of people protesting outside use of social media and journalistic work, the UN office in Erbil to demand the release deeming these to be prejudicial to the of their relatives. All of those arrested were security and sovereignty of the KR-I. All were held for seven to 10 hours in crowded cells charged under laws – including National with no access to food or water.1 Security Law 2003, the Law to Prevent the Between January and May, Iraqi security Misuse of Telecommunications Equipment forces in Nasriya, Babylon and Najaf used and Articles 430-433 of the Penal Code – excessive force, including tear gas and live that criminalize vaguely defined actions that ammunition, to disperse protesters are not internationally recognized as crimes. demanding the release of activists and justice The trial was marred by serious violations of for others who were killed and injured in the fair trial standards, including convictions context of the protests. based on statements or “confessions” Amnesty International Report 2021/22 203

ECONOMIC, SOCIAL AND CULTURAL men and children homeless or in secondary RIGHTS displacement, and without access to housing Iraq ranked among the countries worst hit by and essential services such as healthcare the Covid-19 pandemic, registering over 2 and education. At the end of the year, over 1 million cases by the end of the year. In million people remained displaced. March, the country rolled out its national In the last pushes to close camps in vaccination plan, which identified priority February and March, Iraqi security forces groups including health workers, front line threatened and forced internally displaced security forces, older people and the people to evacuate camps in Ninewa without internally displaced. However, execution of specifying where they should go, while the plan was slow and badly organized, banning their return to anywhere outside except in relation to internally displaced their home governorate. Internally displaced people as this was overseen by humanitarian people returning to their home areas organizations. This, combined with vaccine continued to face blocks, evictions and hesitancy and some people paying for confiscation and destruction of their homes vaccines outside the plan, led to fluctuating due to their perceived affiliation to Islamic rates of vaccination. By the end of the year, State. Security forces deliberately denied just over 20% of the population had received them the right to access civil status two doses of the vaccine. documents, vital for freedom of movement as Measures to contain Covid-19 such as well as access to healthcare and educational movement restrictions and lockdowns services. adversely impacted the economic welfare of PMU fighters prevented thousands of families, including increased levels of internally displaced people from returning to unemployment and acute poverty. The their areas of origin in Jurf al-Sakhr, south of pandemic also compounded the effects of Baghdad, citing alleged “Islamic State the lowest rainfall witnessed in Iraq in four sympathizing” as a reason. Notably, in May, a decades that, together with extended PMU leader in Diyala governorate called for electricity blackouts, especially in Erbil, the forced displacement of Sunni returnees Baghdad and several towns and cities in the following several Islamic State attacks. south of Iraq, increased food insecurity and In late October, Iraqi authorities reported shortages of drinking water, triggering further that at least 227 families had been displaced protests in these areas. from their village in Diyala governorate. This Fires broke out in the Covid-19 wing of a took place after individuals in cars marked hospital in Baghdad in April and in a hospital with PMU insignia attacked the village, in the southern city of Nasiriya in July, setting several buildings on fire in what leading to tens of deaths and injuries in both appeared to be retaliation for an Islamic State hospitals. The fires were attributed to attack earlier in the month that killed at least mismanagement of oxygen tanks that 11 people. Iraqi authorities allocated financial exploded, and were followed by protests aid to the affected families, but this did not demanding an end to corruption. lead to returns. By the first week of INTERNALLY DISPLACED PEOPLE’S November, the number of displaced families RIGHTS had reached 300 as PMU commanders called for the implementation of “the Jurf al- By the end of March, Iraqi authorities had Sakhr example”. closed and consolidated all camps for the GENDER-BASED VIOLENCE internally displaced, leaving only one operating in Ninewa and one in Anbar, while Gender-based violence in the domestic and 26 camps remained open in the KR-I. The public spheres increased, according to move by the central authorities rendered international and national NGOs. In March, a thousands of internally displaced women, women’s rights international NGO estimated Amnesty International Report 2021/22 204

that during Covid-19 lockdowns, the prevalence of gender-based violence IRELAND increased by at least 75% across Iraq. There was also a rise in child marriages precipitated Ireland by the deteriorating economic situation. Head of state: Michael D. Higgins While central Iraqi and KRG authorities Head of government: Micheál Martin arrested some men who had killed or abused their female relatives, both authorities failed The state failed to secure truth, justice and to take adequate steps to address the full reparation for survivors of human rights scale of the violations, or the sharp rise in abuses in “mother and baby homes”. There gender-based domestic violence during were concerns over the adequacy and lockdowns. The Iraqi parliament also failed to affordability of housing, barriers to prioritize passing a law to combat domestic accessing abortion services, and violence despite mounting pressure and criminalization of sex workers. The advocacy from civil society. government proposed a human rights- Unknown assailants subjected female compliant accommodation system for candidates running for Iraq’s parliamentary asylum seekers. elections in October to smear campaigns and IMPUNITY threats of violence, and destroyed and defaced their campaign materials with In January, the final report of the Commission impunity. of Investigation into Mother and Baby Homes ABUSES BY ARMED GROUPS – established by the government in 2015 following years of campaigning by survivors Throughout the year, Islamic State carried out and their allies – was published. It confirmed serious human rights abuses in several long-standing reports of ill-treatment of governorates, notably Kirkuk, Diyala, Salah women and children in these state-funded al-Din, Ninewa and Anbar. These included institutions, which, from the 1920s to the deliberate attacks on civilians, abductions 1990s, were operated by religious orders as a and summary killings of captives, use of facility where “unmarried mothers” were sent improvised explosive devices and rocket- to give birth. Findings included high child propelled grenades to target civilians, firing at mortality rates, poor conditions, physical and civilians, and setting agricultural land on fire. emotional abuse, adoptions without women’s Iraqi authorities completed the excavation of informed consent, and vaccine trials on a mass grave in Anbar governorate and children without adherence to regulatory or identified the victims as individuals who ethical requirements. Islamic State had summarily killed in 2014. However, there were many serious gaps in DEATH PENALTY the information, findings and analysis presented by the Commission. For example, Courts continued to hand down death no findings were made of forced or illegal sentences in cases of individuals suspected adoptions, arbitrary detention or forced of links to Islamic State or of extrajudicially labour, despite evidence from survivors’ killing activists, and for offences related to the testimonies. Proposals made by the use and distribution of prohibited government on assessing redress for substances, kidnappings and assassinations. survivors were severely deficient. RIGHT TO HOUSING 1. Kurdistan Region of Iraq: Authorities Must End Protests-Related A report published in September by the Repression (Index: MDE 14/4233/2021), 15 June Irish Human Rights and Equality Commission and Economic and Social Research Institute found “persistent Amnesty International Report 2021/22 205

problems in relation to housing access”. The criminalize sex workers directly and report found that some groups, including indirectly. Of particular concern was the lone parents, people with a disability and offence of “brothel-keeping”, whereby two or migrants, were particularly impacted by more sex workers risked prosecution if housing quality, overcrowding or affordability working together in a premises for safety, as issues, while housing affordability also this was considered a “brothel”. A disproportionately impacted children and government-commissioned review of the young people. It found “significant operation of the law, launched in 2020, was disadvantage in terms of adequate housing”, not completed by the end of the year. including cultural adequacy, for the Traveller community. REFUGEES’ AND MIGRANTS’ RIGHTS A constitutional referendum on housing In February, the government published a promised in the 2020 Programme for White Paper in which it proposed replacing Government was not scheduled. It also the widely criticized “direct provision” system remained unclear whether the government of accommodating asylum seekers with a would propose a constitutional right to human rights-compliant model by 2024. It housing in line with international human conceded that the current system did not rights standards, as recommended in 2014 respect the dignity and human rights of by a government-established Constitutional individuals. A detailed implementation plan Convention. was not published, however. Also unclear SEXUAL AND REPRODUCTIVE RIGHTS was how the rights and welfare of people remaining in this system would be In September, the Abortion Rights Campaign safeguarded during the transition. published research into users’ experiences of RIGHT TO HEALTH abortion services in Ireland since access was expanded in 2019. It found negative impacts Public inquiries recommended in 2020 by a of the mandatory three-day waiting period for parliamentary committee set up to review the access to services on request up to 12 weeks government’s handling of the Covid-19 of pregnancy, and barriers to access on pandemic – including an inquiry into the high lawful grounds in later pregnancy. It revealed level of deaths of older people in nursing lack of access in cases of severe homes – were not established. The fetal impairment, which the law permits only government stated that its own review of its where the fetus will die before 28 days post- efforts would not take place until the birth. It found uneven availability of abortion pandemic ended. services around the country, difficulties in accessing information about abortion care, and negative attitudes and obstruction from some healthcare providers. Despite government commitments made in 2018, and reports of ongoing intimidation and harassment outside maternity hospitals and clinics providing abortion services, legislation was not introduced to create safety zones to protect the rights of people seeking abortion care. WORKERS’ RIGHTS Legislation enacted in 2017 that retained offences and doubled criminal penalties for aspects of sex work continued to Amnesty International Report 2021/22 206

transferred 5,000 Covid-19 doses to the ISRAEL AND THE Palestinian authorities, it sent thousands of OCCUPIED doses to diplomatic allies. BACKGROUND PALESTINIAN Prime minister Benjamin Netanyahu lost parliamentary elections on 23 March after 12 years in office marred by corruption. A new TERRITORIES coalition government was approved on 13 June, bringing to power Jewish supremacist, State of Israel centrist and left-wing parties in alliance with Head of state: Isaac Herzog (replaced Reuven Rivlin in an Islamist party. July) Armed conflict erupted between Israel and Head of government: Naftali Bennett (replaced Palestinian armed groups in the Gaza Strip Benjamin Netanyahu in June) between 10 and 21 May. It was the fifth Israel-Gaza conflict in 15 years. In Israeli Armed conflict between Israel and towns where both Jewish and Palestinian Palestinian armed groups in the Gaza Strip citizens live, inter-ethnic violence led to in May entailed apparent war crimes and killings, clashes and damage to property. possible crimes against humanity. The murder rate involving Palestinian Disproportionate and reckless strikes by citizens of Israel was proportionally 25 times Israeli forces killed 242 Palestinians in higher than cases involving Jewish citizens of Gaza. Unlawful attacks by Israel included Israel, who constitute about 80% of the targeted strikes on medical facilities and population. According to the NGO Aman, personnel. Israel maintained its illegal criminals killed 110 Palestinian citizens of blockade on the Gaza Strip, inflicting Israel in 2021, the highest number in collective punishment on residents and decades. exacerbating the humanitarian crisis there, The housing ministry promoted plans for and Palestinians’ freedom of movement was construction of illegal settlements south-west arbitrarily restricted in the West Bank. of Bethlehem, east of Jerusalem and south of Israeli authorities subjected Palestinians to Ramallah in the OPT. forced evictions, arbitrary detention, torture Climate change adaptation policies were in and other ill-treatment, all committed with place but not fairly distributed between almost total impunity. Israel’s Jewish and Palestinian citizens of Israel. An discriminatory system of governing unprecedented heatwave in August caused Palestinians in Israel and the Occupied extensive forest fires. Palestinian Territories (OPT) constituted In July, authorities visited the offices of NSO apartheid, a crime under international law. Group in response to the Pegasus Project The Ministry of Defense labelled six investigation that revealed that the company’s Palestinian civil society organizations as spyware had been used to target human “terrorist” in October. Conscientious rights workers and journalists around the objectors to military service were world.1 imprisoned. Divorce and other personal UNLAWFUL ATTACKS status laws governed by religious courts continued to discriminate against women, ISRAEL-GAZA ARMED CONFLICT and domestic violence rose during the During the armed conflict in May, Israel Covid-19 pandemic. The authorities denied committed apparent war crimes and possible 2 asylum seekers access to a fair and prompt crimes against humanity in the Gaza Strip. refugee status determination process, and According to the OHCHR and the WHO, 242 to economic support. While Israel Palestinians were killed, including 63 Amnesty International Report 2021/22 207

children, and some 9,000 were injured. More Israeli settlers committed acts of violence than 74,000 Palestinians were displaced. with impunity. There were 118 settler attacks According to the World Bank, the housing on Palestinians in 2021, up from 84 in 2020. needs of 4,000 families, including 7,000 On 17 August, settlers threw stones at six children, whose homes were damaged or Palestinian boys having a picnic in Silat al- destroyed had not been met by December. Daher, a village near Jenin city in the West On 10 May, Israel bombed the seawater Bank. They then rammed their car into 15- desalination plant in north Gaza, cutting year-old Tareq Zbeidi and, according to his water supplies to more than 250,000 people testimony to Israeli human rights organization until it was temporarily repaired on 23 May. B’Tselem, beat him and tied him to the car’s Around midnight on 14 May, Israeli air bonnet. Israeli soldiers arrived and strikes hit the al-Atar family’s building in Beit transferred the unconscious boy to a Lahia city, killing Lamya al-Atar and her three Palestinian ambulance that his family had children aged between eight months and called. No arrests were made. seven years. RIGHT TO TRUTH, JUSTICE AND On 12 May, Israel banned foreign reporters REPARATION from entering Gaza, impeding independent coverage. On 15 May, an Israeli missile On 3 March, ICC Prosecutor Fatou Bensouda struck the building housing the Associated initiated an investigation into the situation in Press and Al Jazeera; journalists had been Palestine, including events since mid-June given 60 minutes to evacuate. Israel said 2014 in the OPT. Israel stated that the ICC there was a combatant command centre in had no authority and that it would not engage the basement, which the media organizations with the investigation. denied. On 27 May, the UN Human Rights Council Israeli missiles hit medical facilities and established an international commission of killed medical personnel. On 16 May, attacks inquiry into violations in the OPT and Israel. launched without warning on al-Wehda The Israeli representative to the UN district of Gaza City killed Dr Ayman Abu al- immediately announced that Israel would not Ouf, director of the Covid-19 response and cooperate. head of internal medicine at Al-Shifa hospital, FREEDOM OF MOVEMENT Gaza’s main hospital; Dr Mooein al-Aloul, a psychiatric neurologist; and at least 33 other Israeli authorities arbitrarily restricted civilians. Israel said they were unintended Palestinians’ freedom of movement. casualties of an attack on an underground GAZA STRIP military objective. On 17 May, an Israeli The blockade continued to impose collective attack hit Al-Rimal clinic, the central punishment, as it had since 2007, by laboratory for Covid-19 in Gaza, badly preventing the movement of people and affecting testing and vaccination goods. programmes. The WHO reported that 30 During the May conflict, Israel heavily health facilities were damaged in the conflict. restricted entry of trucks carrying WEST BANK humanitarian supplies. Only five fuel tankers In the occupied West Bank, including East were allowed to enter and no fuel was Jerusalem, Israeli forces killed 75 and injured allowed through the Israeli-controlled Kerem 14,679 Palestinians, according to the UN Shalom pipeline for Gaza’s power plant. OCHA-OPT, some during arrests in Israel’s Erez passenger crossing remained Palestinian homes, others during protests closed. Around 600 patients could not that were mainly against Jewish Israeli settler receive treatment outside Gaza in May. Israel activities. allowed 25,630 truckloads of construction material into Gaza, down from 45,359 in 2020. Amnesty International Report 2021/22 208

WEST BANK ARBITRARY DETENTION, AND TORTURE In the West Bank, 175 permanent military AND OTHER ILL-TREATMENT checkpoints and other roadblocks, as well as Palestinian prisoners were subjected to unfair scores of temporary irregular barriers, trials before military courts, prolonged solitary continued to prevent Palestinians’ access to confinement and inadequate medical essential services while Israelis could use the treatment, and illegal transfer from the OPT same roads freely. Israel’s fence/wall in the to prisons in Israel. According to Addameer, a West Bank continued to impact agricultural Palestinian prisoner support organization, livelihoods of 150 Palestinian communities. It 500 were administratively detained without also trapped more than 11,000 Palestinians charge or trial at the end of 2021, and 170 outside the fence/wall while accommodating children were incarcerated. A survey by Save Israeli settlements. the Children found that officers beat over FORCED EVICTIONS 80% of child detainees, and denied access to a lawyer to 47%. Israeli authorities demolished buildings in the Zakaria Zubeidi suffered broken ribs and OPT, including East Jerusalem, making more jaw while in handcuffs, and Mohammed Al- than 1,000 Palestinian residents homeless in Arida was beaten on the head, after their areas designated for Israeli settlers. Among capture by Israeli police on 11 September, those forcibly evicted, women were according to the men’s lawyers. The men had disproportionately affected as their homes escaped from Gilboa Prison in northern Israel also served as their places of work and five days earlier. income generation, especially in shepherding DISCRIMINATION communities. Israel’s army demolished Humsa village in the Jordan Valley in the OPT Israel’s system of governing Palestinians in February and July, destroying or through oppression and domination confiscating animal pens, residential shelters, constituted apartheid, a crime under water cisterns and food reserves. international law. Palestinians faced routine In August, the Israeli Supreme Court and systematic discrimination, and therefore adjudicated on the eviction of seven human rights violations, in the context of their Palestinian families from their homes in rights to nationality, freedom of movement, Sheikh Jarrah neighbourhood in occupied the highest attainable standard of health, East Jerusalem. This followed several years of family life, education, work and participation eviction attempts, harassment by Israeli in public life. settlers and use of excessive force by Israeli Palestinian citizens of Israel were police. Seven families in Silwan, another prosecuted under incitement laws, but neighbourhood of East Jerusalem, also politicians and groups of Jewish remained at risk of forced eviction.3 supremacists continued to incite racially In the Negev/Naqab in southern Israel, motivated violence with almost total impunity. authorities repeatedly demolished buildings Police used excessive force against in seven villages, affecting 100 Palestinian Palestinian citizens of Israel demonstrating citizens of Israel. On 2 September, police against evictions in East Jerusalem and demolished the village of al-‘Araqib. The military strikes on Gaza, and carried out mass village had been demolished more than 150 arrests of organizers and participants of times since July 2010. Al-‘Araqib is one of 35 protests. Most of those arrested were charged excluded, officially unrecognized, Bedouin with misdemeanours unrelated to violence. villages in the area. On 12 May, special forces in a Nazareth police station beat at least eight bound Palestinian detainees who had been arrested at a protest.4 Amnesty International Report 2021/22 209

The Citizenship and Entry into Israel law WOMEN’S RIGHTS (temporary amendment), which since 2003 Divorce and other personal status laws had forbidden family unification of governed by religious courts continued to Palestinian spouses with different legal discriminate against women. According to statuses, was not renewed in July. However, Mavoi Satum, an Israeli women’s rights the interior minister maintained the policy. organization, courts forced some 1,700 HUMAN RIGHTS DEFENDERS women to remain in abusive marriages every year. Laith Abu Zeyad, an Amnesty International On 30 June, the State Comptroller reported campaigner, was banned from travelling insufficient funding and inadequate policies outside the West Bank. The reason for the for protecting at-risk women and families. ban, imposed in October 2019, remained Sixteen women were killed in domestic 5 secret. violence, according to the Israel Observatory Shatha Odeh, director of the Palestinian on Femicide. Health Work Committees, was arrested on 7 July and remained in military detention. LGBTI PEOPLE’S RIGHTS Charges against her alleged her support for On 11 July, the Supreme Court ruled in the Popular Front for the Liberation of favour of equality in same-sex couples’ and Palestine, a political party with a military wing single men’s access to assisted reproduction that Israel has banned. services, bringing their access in line with On 13 October, Druze leader Salman that for heterosexual couples and single Awwad was arrested after peacefully women. demonstrating against the Israeli occupation of the Golan Heights. He was charged with REFUGEES’ AND MIGRANTS’ RIGHTS organizing an illegal demonstration, closing a According to UNHCR, the UN refugee road and inciting violence. agency, Irael hosted some 41,327 refugees On 19 October, the Israeli government and asylum seekers. Most were Eritrean and declared six Palestinian civil society Sudanese nationals from conflict areas. Only organizations in the OPT “terrorist 1% were granted refugee status. Asylum organizations”.6 Two days earlier, the human seekers had no access to prompt and fair rights NGO Front Line Defenders had found status determination procedures, nor means that the mobile phones of six human rights of economic support. defenders from these organizations had been 7 RIGHT TO HEALTH hacked using Pegasus spyware. On 18 October, the Israeli minister of interior notified Israel purchased some 30 million doses of French-Palestinian lawyer Salah Hammouri, Covid-19 vaccines and vaccinated 64% of one of the six, of the revocation of his citizens of Israel, residents of East Jerusalem, Jerusalem residency and deportation on the migrant workers and Palestinian prisoners basis of alleged “breach of allegiance to the with two doses by October; administered State of Israel”. third doses to more than 4 million citizens; and started vaccinating five-year-olds in CONSCIENTIOUS OBJECTORS’ RIGHTS November, according to Israel’s health Conscientious objectors to military service ministry. Israel transferred 5,000 doses to the were imprisoned. Among them were Palestinian Authority in March and April, teenagers Shahar Perets and Eran while it had sent thousands of doses to Aviv, who served 88 and 114 days diplomatic allies Guatemala, Honduras and respectively in military prison for refusing to the Czech Republic in February, according to serve in the Israeli army. press reports. Amnesty International Report 2021/22 210

and private workplaces. The measure 1. “Massive data leak reveals Israeli NSO Group’s spyware used to sparked demonstrations in some cities. In target activists, journalists, and political leaders globally”, 18 July Rome, protests turned violent when 2. “Israel/OPT: Pattern of Israeli attacks on residential homes in Gaza hundreds of people led by the leaders of a must be investigated as war crimes”, 17 May far-right party ransacked the national 3. “Israel/OPT: Scrap plans to forcibly evict Palestinian families in headquarters of the main left-wing trade Silwan”, 25 May 4. “Israeli police targeted Palestinians with discriminatory arrests, union. torture and unlawful force”, 24 June 5. “Israel/OPT: ‘Chilling repercussions’ of travel ban on Amnesty WORKERS’ RIGHTS Health and care workers who raised campaigner must be a wake-up call for all”, 6 April 6. “Israel/OPT: Designation of Palestinian civil society groups as concerns about poor and unsafe working conditions in care homes during the Covid-19 terrorists a brazen attack on human rights”, 22 October 7. “Devices of Palestinian human rights defenders hacked with NSO pandemic were subjected to unfair Group’s Pegasus spyware”, 8 November disciplinary proceedings and feared reprisals from their employers. Instead of addressing their concerns over the use of PPE and the ITALY true number of Covid-19 cases in care homes, employers used unfair dismissals and 1 Italian Republic anti-union measures to silence them. Head of state: Sergio Mattarella In May, an employment tribunal in Milan Head of government: Mario Draghi (replaced Giuseppe ruled as unfair the dismissal of an outsourced Conte in February) worker who had reported health and safety violations in March 2020 in a private care Employers silenced health and care workers home. The court acknowledged his who raised concerns about working revelations were of public interest to prevent conditions in care homes during the deaths. Covid-19 pandemic. Older people in care RIGHT TO HEALTH homes were denied meaningful contact with the outside world. Violence against women The rights of care homes’ older residents to a persisted and obstacles to accessing private and family life continued to be abortion were not addressed. Parliament violated, with prolonged isolation causing a failed to extend protection against hate deterioration in residents’ physical and crimes to people attacked because of their mental health. Although visits by family gender, gender identity or sexual members holding a Covid-19 certificate were orientation. Migrants with an irregular allowed to resume in May, and the so-called status remained vulnerable to exploitation “green pass” legislation in September and abuses. Cooperation with Libya on recognized the right to daily visits, many migration continued, despite abuses. The private and public care homes continued to authorities continued to criminalize deny older people meaningful contacts with solidarity with refugees and migrants at the outside world. borders. Torture remained a concern. A commission of inquiry on the authorities’ BACKGROUND response to Covid-19 in care homes had not been established by the end of the year. In July, the government extended the state of VIOLENCE AGAINST WOMEN AND GIRLS emergency to combat the Covid-19 pandemic until the end of the year. In Levels of violence against women remained September, it also made it obligatory to have high. A total of 102 women were killed in a “Covid-19 green pass” showing proof of domestic violence incidents, 70 of whom by vaccination, recovery from Covid-19 or a partners or ex-partners. In December, the negative test result in order to access public government approved a bill to strengthen Amnesty International Report 2021/22 211

measures to prevent violence against women migrants on arrival in hotspots and reception and domestic violence. These included centres. access to early provisional compensation Thousands of migrants continued to work in during criminal investigations for victims who exploitative conditions and to live in report the abuse and broader powers for the inadequate conditions in informal authorities to adopt surveillance and coercive settlements. They were also vulnerable to measures against perpetrators. racist and xenophobic attacks. In April, three SEXUAL AND REPRODUCTIVE RIGHTS African workers driving near their homes in Rignano, Foggia, were shot at by people in Access to abortion continued to be another car. Two of them were injured, one obstructed due to a persistently high number seriously. The authorities opened an of doctors and other healthcare providers investigation. In October, following a visit, the refusing to provide abortion care. UN Working Group on Business and Human Rights noted that migrant workers employed LGBTI PEOPLE’S RIGHTS in agriculture and the garment and logistics In October, the Senate blocked a bill aimed at industries were trapped in a cycle of combatting discrimination and violence exploitation, debt bondage and human rights based on sex/gender, sexual orientation, abuses. gender identity and disability. The bill would In January, the Rome Civil Tribunal declared have extended to LGBTI people, women and illegitimate the expulsion of a Pakistani people with disabilities the same protections national to Slovenia and later to Croatia and available to victims of hate speech and hate Bosnia and Herzegovina. The judge found crimes based on racist, religious, ethnic and the practice of so-called “informal nationalist motives. readmissions”, carried out on the basis of a bilateral agreement with Slovenia, to be in REFUGEES’ AND MIGRANTS’ RIGHTS breach of national and international human By the end of the year, it was estimated that rights law. at least 300,000 migrants remained without Following the seizure of power by the documentation, making it hard for them to Taliban in Afghanistan, Italy evacuated 4,890 enjoy their rights and leaving them vulnerable Afghan nationals. to abuses. The regularization measure In April, the National Guarantor for the launched in 2020, aimed at ensuring people Rights of Persons Detained or Deprived of with irregular status could obtain residence Liberty published a damning report on his and work permits and access health services visits to 10 centres for repatriation between during the pandemic, achieved limited 2019 and 2020. The Guarantor criticized results; according to the latest data available legislative and regulatory gaps hindering the at the end of the year. As of August about protection of people and the gravely 60,000 people had obtained some inadequate detention conditions. documentation, about a quarter of the In May, Moussa Balde from Guinea killed 230,000 who applied, while tens of himself while detained in the repatriation thousands of applications remained pending. centre of Turin – the sixth death in such In May, a grassroots trade union called a centres since June 2019. The authorities national strike of migrant agricultural workers prioritized his expulsion procedure over his to protest about the inadequacy of the health, notwithstanding the fact that he had regularization measure. just survived a violent attack by three Italian Many people with an irregular status nationals. The isolation ward where he was remained unvaccinated, despite some held was closed in September on the authorities’ measures to reach out to them. In recommendation of the Guarantor. September, the government announced a plan to vaccinate, voluntarily, refugees and Amnesty International Report 2021/22 212

COOPERATION WITH LIBYA In September, Mimmo Lucano, former By the end of the year, 32,425 refugees and mayor of Riace, Calabria, was sentenced by migrants had been captured at sea by Libyan the Locri tribunal to 13 years and two coastguards, supported by Italy and the EU, months’ imprisonment for maladministration and returned to Libya, by far the highest and embezzlement, notwithstanding figure on record. Italy continued to support prosecutors acknowledging he did not profit the Libyan authorities in containing refugees from his conduct. For many years, he had and migrants in Libya, despite widespread organized a welcoming reception system for evidence of continuing abuses against them. refugees, asylum seekers and migrants. The Italy’s evacuation programmes from Libya sentence was nearly double that requested continued to benefit very few asylum seekers, by the prosecutors. with 45 people transferred to Italy in June Court cases against rescue NGOs continued and 93 in November. in Sicily. Prosecutors indicted 21 people The deployment of Italian military and belonging to the crews of Iuventa and of civilian personnel in Libya to assist Libyan Médecins Sans Frontières and Save the border control authorities was extended for Children’s ships for “facilitation of irregular another year in July. The Italian authorities migration” in connection with rescue 2 continued to provide Libya with resources operations conducted in 2016 and 2017. instrumental to maritime interceptions, The authorities continued to use Port State including a new maritime coordination centre Control powers to hinder rescue NGOs’ delivered in December. activities and seize their ships. Despite this, by the end of the year, 67,477 TORTURE AND OTHER ILL-TREATMENT people (including 9,699 unaccompanied children) had reached Italy by sea, mostly Concerns about torture and other ill- from Libya and Tunisia, an increase over the treatment of people in prison and police 34,154 arrivals in 2020. Deaths at sea of custody persisted and several judicial refugees and migrants in the Mediterranean proceedings against suspected perpetrators also increased, reaching 1,553 by the end of were ongoing. the year, compared with 999 in 2020. In September, prosecutors laid charges of In October, a court in Naples sentenced the torture and other ill-treatment against 120 captain of the Asso Ventotto, a merchant prison officers and senior prison ship, to one year’s imprisonment. In 2018, he administration officials for a mass beating in had rescued over 100 people, including the prison of Santa Maria Capua Vetere, children, and unlawfully returned them to the Campania, in April 2020, which affected 177 Libyan coastguard. detainees and led to the death of one of In December, the Cassation Court them. overturned the conviction of two African men who had protested against an attempt by the 1. Italy: Muzzled and Unheard in the Pandemic: Urgent Need to Address crew of the Vos Thalassa, the merchant Concerns of Care and Health Workers in Italy (Index: EUR vessel that had rescued them, to return them 30/4875/2021), 22 October to Libya. The court ruled that their behaviour 2. Italy: A Slippery Slope for Human Rights: The Iuventa Case (Index: was justified by the need to protect EUR 30/4475/2021), 4 August themselves and the other 65 people rescued. CRIMINALIZATION OF SOLIDARITY The authorities continued to suppress the activities of individuals and organizations that assist refugees and migrants at borders, using both criminal law and administrative measures. Amnesty International Report 2021/22 213

conservative LDP lawmakers about the JAPAN proposed addition. Following a public outcry at the remarks, an executive member of the Japan LDP announced that they would not submit Head of government: Fumio Kishida (replaced the bill to Japan’s National Diet. It was still Yoshihide Suga in October) 1 pending at the end of the year. The government took no steps towards the Ethnic minorities and LGBTI people legal recognition of same-sex marriage. continued to experience stigma and However, in March, the Sapporo District discrimination. Legislation allowing for the Court ruled in a lawsuit brought by three indefinite detention of undocumented same-sex couples that the government’s foreign nationals remained in place. failure to recognize same-sex marriage was Detainees were denied the right to adequate unconstitutional. The plaintiffs were among medical care. 13 couples who had filed similar lawsuits on 2 BACKGROUND Valentine’s Day in 2019. A total of 141 local municipalities had introduced ordinances or Japan hosted the delayed Olympic Summer guidelines that acknowledged same-sex Games 2020 against a background of rising unions by the end of the year. numbers of Covid-19 cases and hostile Pressure increased from civil society to public opinion. On 3 September Yoshihide reform the Act on Gender Identity Disorder by Suga announced his resignation as prime removing requirements that contravene rights minister amid public anger at the under international law for individuals government’s handling of the pandemic. seeking to change their legal gender. Under DISCRIMINATION the Act, anyone wishing to change their legal gender was required to be unmarried, aged Long-standing discrimination continued over 20, without minor children, and towards Japan’s ethnic Korean minority, sterilized or otherwise unable to reproduce. especially those deemed to be aligned with They were also obliged to undergo surgery so North Korea. In July, the Supreme Court that their genitalia more closely resembled dismissed a claim for damages filed by a that of their new legal gender and were Pyongyang-related school and some of its required to undergo psychiatric assessment graduates over the government’s decision to and receive a diagnosis. exclude such Pyongyang-related Korean schools from a programme to provide tuition REFUGEES’ AND MIGRANTS’ RIGHTS subsidies for high schools. Four cases on the Authorities continued to subject asylum same issue had previously been rejected by seekers and irregular migrants to indefinite other courts. detention and ill-treatment including inadequate medical care in immigration LGBTI PEOPLE’S RIGHTS detention facilities. In March, a 33-year-old In May, after intense negotiation between the Sri Lankan woman, Ratnayake Liyanage ruling and opposition parties, a statement Wishma Sandamali, died while in immigration that “discrimination on the basis of sexual detention. An investigative report released by orientation and gender identity is the government’s Immigration Services unacceptable” was added to the ruling Agency in August admitted flaws in the Liberal Democratic Party’s (LDP) proposed medical care system. bill to promote public awareness of sexual Authorities continued to use the orientation and gender identity. However, Immigration Control and Refugee Recognition during the LDP’s internal process of Act to indefinitely detain undocumented approving the cross-party bill, many foreign nationals, including irregular migrants discriminatory remarks were made by and asylum seekers, until their deportation. Amnesty International Report 2021/22 214

In February, the government submitted an 3. “Japan: Abhorrent executions crush hopes of progress under new amendment bill to the Act. The bill prime minister”, 21 December maintained the presumption of detention, and proposed amendments did not provide JORDAN for maximum periods of detention and continued to deny due process to individuals by failing to allow for judicial review of Hashemite Kingdom of Jordan detention orders. Moreover, despite very low Head of state: Abdullah II bin al-Hussein rates of acceptance of asylum applications – Head of government: Bisher al-Khasawneh under 1% annually since 2012 – the bill included provisions that allowed the Freedom of peaceful assembly continued to authorities to deport detained asylum seekers be curtailed, including under sweeping after a limited appeals procedure. The emergency legislation introduced in 2020. government withdrew the bill in May following The authorities also restricted freedom of domestic criticism and international pressure. expression, both online and offline. Gender- In September, the Tokyo High Court found based violence increased in the context of that a decision to deport two Sri Lankan men worsening economic conditions and the day after their asylum claims were Covid-19 restrictions, as well as due to the rejected was unconstitutional. It ruled that continuing lack of legal protection against the immigration authorities had essentially such crimes. Jordan continued to host over deprived the men of the right to appeal and 2.7 million refugees, all of whom were ordered the state to pay ¥600,000 eligible for free Covid-19 vaccinations, but (approximately US$5,300) in compensation. food insecurity among refugees rose sharply. DEATH PENALTY BACKGROUND Three death row inmates – Yasutaka Jordan began its Covid-19 vaccine roll-out in Fujishiro, Mitsunori Onogawa and Tomoaki January and, according to UNHCR, the UN Takanezawa – were hanged on 21 December, refugee agency, was one of the first countries in the first executions since 2019. All three to offer free vaccinations to all, including men had been found guilty of murder. refugees and asylum seekers. Yasutaka Fujishiro suffered from a personality In April, former crown prince Hamzah bin disorder. Mitsunori Onogawa and Tomoaki al-Hussein was placed under house arrest, Takanezawa were waiting for the results of accused of planning a coup, which he requests for retrial at the time of their denied. execution.3 In June, King Abdallah ordered the Iwao Hakamada, who spent 47 years on formation of a 92-member royal committee to death row and endured long periods of “modernize the legislative system”. solitary confinement having been found guilty Jordan’s economic situation continued to of murder in 1968, remained out of prison on deteriorate, partly due to the impact of temporary release awaiting a retrial following Covid-19 measures. In September, the a Supreme Court decision in 2020. His case government reopened the country, but and original trial highlighted ongoing maintained the sweeping emergency law concerns about the use of torture by the enacted at the start of the pandemic in 2020. police to extract “confessions”. FREEDOM OF ASSEMBLY 1. “Japan: Government must deliver an LGBTI bill that ensures zero The authorities continued to curtail freedom of peaceful assembly, including by arbitrarily tolerance of discrimination”, 1 June 2. “Japan: Judicial ruling marks groundbreaking step towards equality”, arresting people protesting against the 17 March government’s Covid-19 measures. Amnesty International Report 2021/22 215

In March, protests erupted in the cities of On 25 March, authorities effectively banned Irbid, Salt, Aqaba and Karak after at least 10 Clubhouse, a social media audio app used to Covid-19 patients died because of a shortage discuss topics, including civil and political of oxygen in a government hospital in Salt. rights. In response, several human rights Protesters demanded accountability for the organizations published tips on using specific deaths and a halt to Covid-19 restrictions virtual private networks (VPNs) to access the such as night curfews that they criticized as app, which the authorities subsequently ineffective. In December, five individuals blocked. were sentenced to three years in prison after Several human rights organizations and being found responsible for the patients’ workers told Amnesty International about deaths. The protesters also blamed the internet disruptions in March, including government for worsening economic banning Facebook Live to limit coverage of conditions and called for an end to the protests. emergency law, known as the defence law, In April, in the aftermath of the alleged which was used to limit civil and political planned coup, a two-day internet shutdown rights. Security forces met demonstrators affected parts of western Amman. Several with force, including heavy use of tear gas. organizations reported to Amnesty To mark the 10th anniversary of the 24 International that this adversely affected the March Movement, a 2011 youth-led vaccination programme and businesses. On movement calling for reform, protests were 6 April, the public prosecutor issued a set to happen in Amman and the northern gagging order on traditional and social media cities of Irbid, Mafraq and Ramtha to call for regarding investigations into the alleged the end of the defence law and the cabinet’s planned coup. The gagging order remained resignation. However, security forces in force at the end of the year. prevented individuals from joining the Between 24 June and 15 July, the protests and arrested dozens of others. The Telecommunications Regulatory Commission, interior minister stated that the government in coordination with the Ministry of “would not tolerate protests that would Education, disrupted messaging apps to worsen the health crisis.” All those arrested “preserve the integrity” of examinations were released shortly afterwards. taking place. May witnessed several days of protests in On 1 July, Ahmad Tabanjieh Kinani was solidarity with Palestinians in East released on bail after being held for almost a Jerusalem’s Sheikh Jarrah neighbourhood. year for peacefully showing solidarity with the On 14 May, Jordanian riot police used tear teachers’ syndicate. He had been detained in gas and fired live ammunition in the air to August 2020, accused of acts criminalized by disperse protesters near the King Hussein the Counter Terrorism Law. Bridge in the Jordan Valley. On 30 June, authorities arrested members WORKERS’ RIGHTS of the teachers’ trade union, including its The economic crisis led to an unprecedented head Nasser al-Nawasrah, hours before a spike in unemployment, rising to 25% in the planned march in solidarity with teachers first quarter and up to 50% for young people. forced into early retirement. Authorities had A total of 146 teachers were forced into also arrested teachers protesting about the early retirement in 2021, including several same issue in early January. All those members and/or board members of the detained were released soon after arrest. teachers’ syndicate, a development widely FREEDOM OF EXPRESSION believed to be retribution for their participation in protests in 2019 and 2020. Civic space continued to shrink as authorities Early retirement pushed families already tightened arbitrary restrictions on online and under strain because of Covid-19 measures offline expression. further into poverty. Amnesty International Report 2021/22 216

On 28 March, the prime minister issued deportation if they did not give up their Defence Order 28 ending the practice of asylum-seeking certificate before applying for imprisoning individuals for debt and work permits. In November, Syrian journalist providing for a travel ban instead. Thousands Ibrahim Awad was arbitrarily arrested and of people fled Jordan fearing imprisonment subsequently detained in the al Azraq for debt. On 14 July, minister of justice refugee camp 100km east of Amman. Ahmad al-Zeyadat submitted a draft law In May, the government announced it would offering indebted individuals more flexibility allow all refugees with expired documents to in paying off their debts, but the law had not renew their papers at UNHCR until the end been enacted by the end of 2021. of the year, and that expired documents would not prevent their access to services, WOMEN’S RIGHTS including healthcare and schooling. Gender-based violence continued, with legal By June, according to UNHCR, more than protections and accountability for such half of eligible refugees in Jordan had crimes remaining weak. received at least one Covid-19 vaccination. In the first half of 2021, several women’s In July, the World Food Programme rights organizations, as well as the UN, announced that 21,000 Syrian refugees in reported that incidents of gender-based Jordan would no longer receive food violence had increased by over 50% assistance due to a shortage of funds, and compared to the previous year. By the end of that food insecurity among refugees had September, 14 women had been killed due to doubled in the past year to reach 25%. domestic violence according to the Nearly two in three refugees were on the Sisterhood is Global Institute in Amman. brink of food insecurity. Gender-based violence increased in the DEATH PENALTY context of worsening economic conditions largely exacerbated by Covid-19 measures. Authorities continued to hand down death However, the gradual reopening of services sentences; no executions were carried out. and the removal of movement restrictions improved survivors’ access to gender-based violence specialized services. Gender-based KAZAKHSTAN violence agencies continued to provide their services remotely and in person, and Republic of Kazakhstan increased the capacity of their hotlines. Head of state: Kassym-Jomart Tokayev Head of government: Askar Mamin REFUGEES’ AND MIGRANTS’ RIGHTS As of 30 September, according to UNHCR, The rights to freedom of expression and Jordan was hosting 670,637 Syrian, 66,665 peaceful assembly remained severely Iraqi, 12,866 Yemeni, 6,013 Sudanese and limited and human rights organizations and 696 Somali refugees. It was also hosting trade unions faced restrictions. Torture and 1,453 refugees from 52 other countries other ill-treatment remained widespread. registered with UNHCR, in addition to over People with disabilities continued to face 2 million Palestinian refugees registered with challenges in claiming their basic human the UN Relief and Works Agency. rights. LGBTI people faced high levels of In March, at least four Yemeni asylum discrimination and abuse. Asylum seekers seekers were deported to Yemen without due fleeing human rights abuses in China faced process; they had applied for work permits imprisonment and discrimination. and were detained for over a month before BACKGROUND their deportation. As of April, eight others faced deportation orders. Humanitarian In parliamentary elections held on 10 workers reported that asylum seekers faced January, the ruling Nur Otan party won 71% Amnesty International Report 2021/22 217

of the vote. The OSCE election monitoring 373 and 375 of the Criminal Code. Only one mission found that voter choice was limited of the defendants took part in the hearing via by “undue restrictions on fundamental WhatsApp and the others only heard of the freedoms of association, peaceful assembly decision via the media in October. and expression”. On 15 September, parliament approved On 10 June, President Tokayev published a amendments to laws intended to protect Plan of Priority Measures for Human Rights children from cyberbullying. The which specifically mentioned the rights of amendments require foreign internet people with disabilities, elimination of platforms and messenger applications to discrimination against women and the rights register and have representatives in to freedom of association and expression but Kazakhstan, or face being blocked. Human omitted the right to freedom of peaceful rights defenders criticized these legislative assembly. changes as a means of unduly restricting the According to the WHO, by December there right to freedom of expression and access to had been 1,060,125 confirmed cases of information. Covid-19 and 17,972 deaths, and On 7 October, an ambulance driver, 16,813,018 vaccine doses had been Kenzhebulat Esimseitov, was detained and administered. On 6 September, compulsory questioned by police under Article 274 of the vaccination was introduced for workers in Criminal Code for “distribution of knowingly retail, sport, culture, health and local false information”. He was among 24 government organizations. Those not ambulance drivers who had signed a letter to vaccinated were required to take weekly officials complaining about conditions at the tests. Ambulance Service, including the failure to On 14 October, Kazakhstan was elected to pay drivers the additional sum due to them the UN Human Rights Council. because of the Covid-19 pandemic. At the On 29 December, President Tokayev signed end of the year the case had not been off a law abolishing the death penalty and closed, but was not being actively thus fulfilling the requirements for ratification investigated. of the Second Optional Protocol to the EXTREMISM LEGISLATION ICCPR. There was a rise in the number of people FREEDOM OF EXPRESSION convicted under Article 405 of the Criminal Code for membership of an “extremist” The authorities sought to silence criticism of organization. By October, there had been 47 the government using restrictive legislation. convictions, compared to 14 in 2020. All of Even though libel was decriminalized in those convicted had simply expressed 2020, the Criminal Code retains articles criticism of the government or supported the criminalizing “Public insults and other opposition movements Democratic Choice of attacks on the honour and dignity of the First Kazakhstan and Koshe Partiyasi, which had President” (Article 373) and “Attacks on the been arbitrarily declared “extremist” in honour and dignity of the President” (Article closed court sessions in 2018 and 2020, 375). respectively. On 10 August, a court in Taldykorgan ruled, On 11 October, Askhat Zheksebaev was in civil proceedings, that Serik Kulmyrza and sentenced to five years in prison for eight other people should remove social belonging to an “extremist party”. He was media posts because they insulted “the First one of the founders of Koshe Partiyasi and President of Kazakhstan” (Nursultan had been in detention since August 2020. He Nazarbayev) and “created a negative image was among 13 opposition activists convicted of the human rights situation in the country”. in a politically motivated trial. The court recommended that prosecutors On 4 February, prisoner of conscience Maks should open a criminal case under Articles Bokaev was released from detention after Amnesty International Report 2021/22 218

serving a five-year sentence. He remained WORKERS’ RIGHTS subject to three years of “administrative Despite reforms in 2020 that made supervision”, which restricts his rights to registration of trade unions easier, some freedom of peaceful assembly, expression still faced disproportionate bureaucratic 1 and association. hurdles. On 5 February, the Specialized Inter- district Economic Court in Shymkent RIGHT TO PRIVACY suspended the independent Industrial Trade Union of Fuel and Energy Workers for six The mobile devices of at least four months for failing to register in accordance Kazakhstani activists were targeted and with the restrictive trade union law. infected with NSO Group’s Pegasus spyware TORTURE AND OTHER ILL-TREATMENT from June. The four were members of the 2 youth movement Oyan, Qazaqstan. According to the report of the National FREEDOM OF ASSEMBLY Preventative Mechanism (NPM) for the prevention of torture published in 2021, 63 Requests to hold demonstrations were reports of torture were registered in 2020 and frequently denied under overly restrictive 13 individuals were sentenced. The NPM legislation. According to human rights also noted the poor conditions in detention monitors, between July 2020 and October facilities. Many facilities were inadequately 2021, 133 applications to local authorities in heated during the winter, food was 22 cities were arbitrarily refused. Of those, inadequate and there was a severe shortage 103 were in 2021. Peaceful demonstrators of medical staff, who continued to be were subjected to ill-treatment and “kettling”, employed by the Penitentiary Administration. amounting to arbitrary detention by law On 15 October, a court in Öskemen enforcement officers. sentenced seven prison guards to between On 10 January, a group of about 12 five and 10 years’ imprisonment for torturing peaceful demonstrators were surrounded by 25-year-old Andrei Kondratenko. He died in police officers and forced to stand outside in prison on 18 July 2019 after being tortured sub-zero temperatures for over nine hours by prison guards. A witness testified that before being released. They were not given guards held his head underwater and access to a toilet or food and drink. One deprived him of sleep; the witness also woman was taken to hospital suffering from testified that guards then forced other hypothermia. prisoners to take Andrei Kondratenko’s body FREEDOM OF ASSOCIATION to the punishment cell and make it appear that he had hanged himself. In January, three NGOs – the Kazakhstani RIGHTS OF PEOPLE WITH DISABILITIES International Bureau for Human Rights, the International Legal Initiative and Echo, an People with mental disabilities continued to election monitoring group – were arbitrarily be deprived of legal capacity by the courts, suspended for three months, and NGO and thereby of their human rights, including Erkindik Kanaty was fined under restrictive the rights to education, a private life, to vote tax regulations. All had been notified in and to stand for office. In July, the OSCE November 2020 that they had purportedly recommended that all restrictions on the right violated Article 460-1 of the Code on to vote and stand for office should be lifted Administrative Violations for failing to properly and that Kazakhstan introduce laws and report on foreign funds each had received, in policies allowing people with disabilities to some cases dating back to 2018. access support in exercising their legal capacity rather than being deprived of it. Amnesty International Report 2021/22 219

LGBTI PEOPLE’S RIGHTS LGBTI people faced discrimination, KENYA marginalization and physical attacks from state and non-state actors. Republic of Kenya In May, Zhanar Sekerbayeva and Gulzada Head of state and government: Uhuru Muigai Kenyatta Serzhan, founders of the queer feminist collective, Feminita, were physically attacked Police used excessive and sometimes lethal and abused by an angry mob when they force to break up protests; they unlawfully attempted to hold a human rights conference killed 167 people, including some of those at a hotel in Shymkent. Police officers failed arrested for violating Covid-19 restrictions, to protect their right to peaceful assembly and forcibly disappeared 33 people. and forcibly detained them, later claiming Incidents of gender-based violence, that they were detained for their own primarily against women and girls, protection. After the hotel cancelled their increased. Courts affirmed the right to booking, they moved to a nearby cafe where housing, but government agencies flouted a an angry mob of men attacked them and presidential moratorium on evictions during punched Zhanar Sekerbayeva in the face. the pandemic. A group of LGBTI refugees Police officers were in the mob and in video and asylum seekers were attacked in footage can be seen forcing the two activists Kakuma refugee camp. No one was brought into police cars. In Karaganda on 28 July, to justice for the killing of environmental both activists were again attacked by an activist Joannah Stutchbury in July. angry mob when they tried to hold a women’s BACKGROUND rights conference. Neither incident had been investigated by the police by the end of the The government continued to impose a year. curfew and restrictions on movement and public gatherings to curtail the spread of REFUGEES’ AND MIGRANTS’ RIGHTS Covid-19. Ethnic Kazakhs fleeing Xinjian in China faced The authorities granted citizenship to 1,649 criminal prosecution and imprisonment for members of the Shona community in July, crossing the border irregularly, as well as ending decades of statelessness. The Shona discrimination, inadequate protection, and migrated to Kenya from Southern Africa in administrative hurdles, including needing to 1959 as missionaries but, following Kenya’s renew their documents annually and not independence in 1963, were never registered having the right to travel abroad. In April, as citizens. An additional 1,200 people of three ethnic Kazakhs who had fled from Rwandan descent, who migrated to Kenya for Xinjiang were denied citizenship on the work during the colonial period, and 58 grounds that they had crossed the border people of Asian descent, were also granted irregularly. citizenship. In September, parliament recognized the Pemba community as an 1. Kazakhstan: Prisoner of Conscience Maks Bokaev Released but Indigenous community. These steps added to Restrictions Must be Lifted (Index: EUR 57/3625/2021), 4 February progress already made by Kenya over several 2. “Kazakhstan: Four activists’ mobile devices infected with Pegasus years to end statelessness for everyone. In 2016, 1,500 members of the Makonde spyware”, 9 December community, who migrated from Mozambique, were also granted citizenship. EXCESSIVE USE OF FORCE The brutal response by police officers to protests resulted in human rights violations against demonstrators. While Covid-19 Amnesty International Report 2021/22 220

regulations prohibited protests and public against women and girls, since the beginning assemblies, there were several spontaneous of the Covid-19 outbreak, identifying, in demonstrations against containment particular, physical assault, rape and measures and the police responded using attempted rape, murder, “defilement”, excessive force. Alex Macharia Wanjiku was physical harm, and psychological violence. shot in Kahawa West, an informal settlement The upsurge occurred in the context of in Nairobi County, while police dispersed a prolonged lockdown periods, growing demonstration against the Nairobi inequality and lack of mental health support. Metropolitan Services. Investigations into the RIGHT TO HOUSING AND FORCED EVICTIONS incident by the Independent Policing Courts, including the Supreme Court, Oversight Authority (IPOA), an independent affirmed the right to housing and condemned civilian body, were not concluded by the end forced evictions in several pre-pandemic 3 of the year. cases. In January, the Supreme Court ruled FREEDOM OF EXPRESSION that, in the absence of accessible and adequate housing, the government must SOCIAL MEDIA ACTIVISTS protect the rights and dignity of those in Activists continued to use social media informal settlements. In July, it finally ruled platforms to raise governance issues. on the 2013 eviction of residents from City Although online expression was largely Carton, an informal settlement in Nairobi, by unrestricted, the police arrested Edwin the Moi Educational Centre and the Inspector Mutemi wa Kiama, a human rights defender, General of Police. It held that their forced on 6 April for criticizing on Twitter eviction violated fundamental rights to government borrowing.1 He was released on inherent human dignity, security of the bail of KES 500,000 (about US$4,488) on 7 person, and to accessible and adequate April, ordered to report daily to the housing guaranteed under the Constitution. Directorate of Criminal Investigation (DCI) Government agencies breached a pending investigation, and not to comment presidential moratorium on evictions during on social media about Kenya’s debt the pandemic. Furthermore, the evictions sustainability. On 20 April, he was released were carried out without regard to due unconditionally due to insufficient evidence process requirements, including adequate that he had violated Section 22 of the notice. In February, 3,500 residents of Kibos, Computer Misuse and Cyber Crimes Act of Kisumu County, were violently evicted by 2018. Kenya Railways Corporation officers, without ENVIRONMENTAL ACTIVISTS adequate notice. Armed police used tear gas In July, 67-year-old Joannah Stutchbury, a to force residents from their homes. A two- well-known environmental activist, was shot year-old boy who had been trapped under dead at her home in Kiambu County on the debris died during the evictions. In August, 2 outskirts of the capital, Nairobi. She had the High Court ruled that the Kenya Railways received death threats apparently linked to Corporation had violated the community’s campaigns against construction of buildings rights and failed to follow fair administrative in the Kiambu Forest. Although the president procedures. The decision barred future ordered the DCI to expedite investigations forced evictions against the community into her death, no suspects were arrested or where alternative resettlement options are not prosecuted. provided. The residents belonged to the DISCRIMINATION minority Nubian community who were resettled in Kibos in 1938. Since then, the GENDER-BASED VIOLENCE state made no attempt to guarantee their In May, the Ministry of Public Service, security of tenure there, and for decades they Gender and Youth Affairs reported a five-fold have struggled to obtain recognition of their 4 increase in gender-based violence, mainly tenure. Amnesty International Report 2021/22 221

In October, police supervised evictions in million) only 15% were fully vaccinated. Deep Sea and Mukuru kwa Njenga, informal While commercial vaccine supplies remained settlements in Nairobi, to pave the way for a challenge to Kenya, the government made the construction of roads, leaving hundreds no commitment to allocate sufficient of residents homeless. While authorities resources for vaccinations in the 2021-2022 claimed to have given sufficient notice, the annual budget. government did not appear to provide UNLAWFUL KILLINGS AND ENFORCED adequate alternative settlements or DISAPPEARANCES compensation for the residents and did not meet its obligation to ensure access to During the year, 167 people were killed and housing as directed by the courts. 33 were forcibly disappeared by the police. REFUGEES’ AND MIGRANTS’ RIGHTS Only 28 prosecutions were initiated against In March, citing increased insecurity and suspected perpetrators of unlawful killings sustenance costs, the government issued a and enforced disappearance. In April, a 14-day ultimatum to UNHCR, the UN youth known as Collins from Mathare, an refugee agency, saying that if it did not close informal settlement in Nairobi, was arrested the Kakuma and Dadaab refugee camps, and killed by a police officer already steps would be taken to return refugees to suspected of multiple killings. His body was their countries of origin.5 The camps hosted taken to the Nairobi City mortuary. The around 512,000 refugees, around half of authorities did not investigate the crime. them from Somalia. Refugees, including In June, 28-year-old Erick Achando, a LGBTI people, expressed their fear of motorcycle taxi driver, was arrested in Kisii returning to countries from which they had County for violating the curfew. He died a few fled to seek safety in Kenya. On 30 April, the days later in a police cell after failing to pay a Kenyan government, following a meeting with fine of KES 8,000 (around US$71). The UNHCR, postponed the closure of the police claimed that he had died of an illness. Dadaab refugee camp to June 2022, Two police officers were arrested and retracting its initial position of immediate charged with his murder following an closure.6 investigation by the Internal Affairs Unit of the There were around 1,000 LGBTI refugees in National Police Service and an autopsy report the Kakuma and Dadaab camps who were that confirmed he died of severe head inadequately protected from homophobic injuries after being hit by a blunt object. attacks. In late March, unidentified people Following an inquest,8 Police Constable attacked the LGBTI refugee shelter in David Kibet Rono was arrested and charged Kakuma camp, throwing a petrol bomb at the in July with the murder in 2015 of 20-year- LGBTI refugees’ houses. Two LGBTI refugees old Nura Malicha Molu who died after being suffered second degree burns on about 50% shot in Nairobi’s Huruma estate. His alleged of their bodies and were evacuated for killer claimed to have acted in self-defence specialized medical attention in Nairobi. One but the inquest found that he had not posed of them, 22-year-old Chriton Atuhwera died any danger to the officer. The decision came on 12 April. Chriton Atuhwera, also known as five years after the IPOA began investigating Trinidad, had fled to Kenya from Uganda the killing and found inconsistencies, where he had been persecuted because of including in the various testimonies from 7 his sexuality. police officers. For example, material RIGHT TO HEALTH evidence, including a weapon said to belong to Nura Malicha Molu, was not presented by Although the cost of vaccinating the adult officers for analysis. population against Covid-19 was equivalent In August, the bodies of brothers Benson to 1% of the country’s annual budget Njiru Ndwiga and Emmanuel Mutura, aged (KES 38,329,600,000, around US$350 22 and 19 respectively, were found in Embu Amnesty International Report 2021/22 222

Level 5 Hospital mortuary, two days after they domestic violence continued. A hydropower were arrested by officers from Manyatta company withdrew its lawsuits aimed at police station for allegedly breaking the silencing activists. curfew. Six police officers suspected of BACKGROUND involvement in the murders were arrested and charged on the IPOA’s recommendation. Following snap elections in February, the They were released on bail of KES 3,000,000 Vetëvendosje (Self-determination Movement) (about US$26,291) on 4 November and party won power, replacing the government of barred from entering Embu County to guard Avdullah Hoti. The parliament elected Vjosa against any potential interference with Osmani as president. evidence and witnesses. RIGHT TO TRUTH, JUSTICE AND REPARATION 1. “Kenya: Release and cease attacks on Edwin Mutemi wa Kiama”, In September, the trial began of Salih 5 October 2. “Kenya: Statement on Joannah Stutchbury’s murder”, 16 July Mustafa, commander of a Kosovo Liberation 3. “Kenya: Kibos land and demolition case: High court finds Kenya Army unit, indicted on charges of arbitrary Railways Corporation and the Ministry of Interior and Coordination of detention, cruel treatment, torture and National Government guilty of gross human rights violations”, murder. Pristina Basic Court sentenced 1 September former reservist policeman Goran Stanišić to 4. “Kenya: Press statement on the forceful mass eviction of the Nubian 20 years’ imprisonment for war crimes community of Kibos, Kisumu County”, 8 February against ethnic Albanians committed in 1999. 5. “Kenya: Amnesty International statement on the proposed closure of Dadaab and Kakuma refugee camps”, 6 April ENFORCED DISAPPEARANCES 6. “Kenya: Clarification on our statement on revised roadmap for the More than 1,600 people remained missing. closure of Kakuma and Dadaab refugee camps”, 30 April In June, 11 bodies of Kosovo Albanians were 7. “Kenya: Amnesty International statement on the killing of Ugandan exhumed from a mass grave at the Kiževak refugee Chriton ‘Trinidad’ Atuhwera” 13 April mine in Serbia. In September, the remains of 8. “Kenya: Fix loopholes that facilitate unlawful killings”, 9 August seven Kosovo Albanians were returned to Kosovo authorities. Kosovo authorities KOSOVO* returned the remains of three Serbs to Serbian authorities. Kosovo* WARTIME SEXUAL VIOLENCE Head of state: Vjosa Osmani (replaced Glauk Konjufca In Kosovo’s first conviction for wartime sexual in April) violence, Pristina Basic Court sentenced Head of government: Albin Kurti (replaced Avdullah former Kosovo Serb police officer Zoran Hoti in March) Vukotić to 10 years’ imprisonment for raping *This designation is without prejudice to positions on a 16-year-old girl in 1999. status, and is in line with UN Security Council As of December, a government commission Resolution 1244 and the International Court of Justice had granted the status of survivor of wartime Advisory Opinion, Accordance with International Law of the Unilateral Declaration of Independence in Respect sexual violence to 1,048 of 1,618 applicants, of Kosovo. although over 4,500 rape survivors had been counselled by the NGO Medica Gjakova. Proceedings continued at the Kosovo VIOLENCE AGAINST WOMEN AND GIRLS Specialist Chambers established in The Hague in 2016. Journalists faced indirect Impunity for cases of institutional negligence pressure and online violence. Kosovo courts in addressing domestic violence continued. issued their first conviction for wartime The murders of two women, Sebahate Morina sexual violence. Impunity for cases of and Marigona Osmani, both victims of institutional negligence in addressing femicide, sparked public protests against Amnesty International Report 2021/22 223

gender-based violence. The Ombudsperson LGBTI PEOPLE’S RIGHTS found the state institutions responsible for The government approved a draft Civil Code violating Sebahate Morina’s right to life allowing same-sex civil unions, to be because they neglected a domestic violence regulated by a special law. report filed by her daughter days before she DISCRIMINATION was murdered by her ex-husband. Kosovo courts handed down one life sentence and a ROMA, ASHKALI AND EGYPTIAN PEOPLE 25-year sentence in femicide cases. A judge Roma, Ashkali and Egyptian people and a prosecutor faced disciplinary continued to face barriers to accessing proceedings for convicting the rapist of a 15- drinking water and employment, as well as year-old girl to only eight months’ accessing online education for children imprisonment. during Covid-19 school closures. FREEDOM OF EXPRESSION Following a civil society petition, the government awarded €20,000 in damages to Three doctors were penalized for speaking to the family of Kujtim Veseli, an 11-year-old the media about practices in a public hospital Ashkali child who was repeatedly raped and cardiology clinic “without permission and finally murdered in 2019. Months before the damaging the image of the institution”. Two murder, Kujtim’s abuser had confessed to the of them were prohibited from promotion or police that he had raped Kujtim but he was salary raises for three years, and one not arrested or detained. The Ombudsperson received a 40% pay cut for three months. found a violation of Kujtim’s right to life. JOURNALISTS Journalists faced threats, indirect pressure, 1. “Kosovo: Defamation lawsuits seeking to silence environmental obstruction, online violence and attacks. In activists must be withdrawn”, 28 June February, journalist Visar Duriqi was injured by unidentified people. In October, journalists were attacked by protesters while covering a KUWAIT police action in Mitrovica. In December, Pristina Basic Court ordered the house arrest State of Kuwait of two people for threatening journalist Vehbi Head of state: Nawaf al-Ahmad al-Jaber al-Sabah Kajtazi. Head of government: Sabah al-Khaled al-Hamad al- HUMAN RIGHTS DEFENDERS Sabah Amnesty International called on Austrian hydropower company Kelkos Energy to The authorities detained and prosecuted withdraw defamation lawsuits against activists government critics under legal provisions Shpresa Loshaj and Adriatik Gacaferi, who criminalizing speech deemed offensive to had criticized the environmental impact of its the head of state. Members of the stateless 1 Kosovo operation. Kelkos withdrew the Bidun minority continued to face lawsuits in October. discrimination. Courts continued to hand down death sentences; no executions were REFUGEES’ AND MIGRANTS’ RIGHTS reported. The government agreed to provide shelter BACKGROUND and grant temporary protection to up to 2,000 Afghan evacuees waiting to be In February, the Emir suspended parliament resettled in other host countries. Afghans for a month, stating it was in a bid to defuse hosted in the camps enjoyed no freedom of tensions between the government and movement outside and visits by media and parliament. Reasons for the tensions other observers inside the camps were included a proposed general amnesty bill to restricted. pardon a group of former opposition members of parliament (MPs) convicted in Amnesty International Report 2021/22 224

relation to their participation in a 2011 vaccination campaign, which began in protest, as well as the sentencing of a group December 2020 and was free of charge. of men following an unfair trial on charges Foreign nationals and migrant workers, who that included “spying for Iran and Hizbullah”. comprise up to 70% of the population, were On 8 November, the Emir granted pardons denied access to vaccines for the first half of and reduced the sentences of 35 men, the year until July, when vaccines were made including 11 former MPs. available to everyone. FREEDOM OF EXPRESSION AND DISCRIMINATION ASSEMBLY BIDUN The authorities detained and prosecuted Stateless Bidun people remained unable to government critics and activists under access a range of public services. provisions in the Cybercrime Law and Penal Draft laws on the Bidun issue were Code, including for speech deemed offensive proposed in parliament but none were voted to the Emir. on. In May, five MPs submitted a proposal for In April, the government approved granting the Bidun basic socio-economic amendments to the Kuwaiti Code of Criminal rights, including access to education, Procedure that mean the authorities can no healthcare and work. In September, the longer order pretrial detention in cases speaker of parliament tabled a bill on the related to freedom of expression. However, same draft law proposed in 2019 that, if individuals can still be prosecuted and enacted, would make Bidun individuals’ ultimately imprisoned for voicing their access to services conditional on opinion. relinquishing their claims to nationality. At the end of June, Jamal al-Sayer, a poet, posted tweets on his account addressing the MIGRANTS’ RIGHTS Emir and criticizing him for the tensions On 1 January, a decision to ban the renewal between the government and parliament. On of visas for migrants over the age of 60 and 5 July, a number of State Security officers not holding a university degree came into dressed in plain clothes arrested him as he force. In October, a legislative advisory body was returning home in his car. He was nullified the decision, which could have released nine days later pending charges of provided grounds for the expulsion of “insulting the Emir, spreading false news with thousands of people, including many who the aim of undermining the state, and misuse have lived in Kuwait for decades. of his phone”. On 9 November, a criminal Controversial new regulations were then court acquitted him. introduced, allowing renewal of visas for an ARBITRARY DETENTION expensive annual fee in addition to private health insurance. Palestinian nationals, At the beginning of November, in the first children of Kuwaiti women, and those born in such case reported in 2021, the State Kuwait are exempt from the fees. Security Agency arbitrarily detained 18 men, During the Covid-19 pandemic, Kuwait including 10 Kuwaiti nationals, accusing imposed an entry ban on foreign nationals, them of sending money to Hizbullah in including migrant workers with valid 1 Lebanon. Many were interrogated for several residency permits. On 1 August, the ban was days without access to a lawyer. At the end of lifted on condition of a valid residency permit the year, the detainees had yet to be formally and recognized double Covid-19 vaccination. charged. In a rare case in which a perpetrator of RIGHT TO HEALTH abuse against a migrant worker had been held to account, the Appeal Court overturned Until April, Kuwait in late May the death sentence that had been prioritized Kuwaiti nationals for its Covid-19 imposed on a Kuwaiti woman accused of Amnesty International Report 2021/22 225

killing her employee, Filipina domestic worker Jeanelyn Villavende, and reduced her 1. “Kuwait: Authorities must release arbitrarily detained individuals”, sentence to 15 years in prison. The court 14 December upheld the four-year sentence against her Kuwaiti husband. KYRGYZSTAN WOMEN’S RIGHTS Kyrgyz Republic In early February, Kuwaiti women launched Head of state: Sadyr Japarov (replaced Talant Mamytov their own #MeToo movement against sexual in January) harassment under the name Lan Asket (“I Head of government: Ulukbek Maripov (replaced Artem will not be silenced”). Novikov in February) During the year, at least two women were murdered, including a Bidun woman at the Survivors of domestic violence faced hands of her brother. In one of the cases, in difficulties in reporting abuse and accessing January, Farah Hamza Akbar was abducted support. Peaceful demonstrators faced and held briefly by Fahad Subhi Mohieddin violence and the new Constitution Mohammed, who had been harassing her. undermined the right to freedom of She lodged a complaint while he remained peaceful assembly. Journalists and activists free, having signed a pledge not to harm her, critical of the government faced attacks on and the case went to trial on abduction social media and unjust prosecution. charges. In mid-April, Fahad Mohammed Torture and other ill-treatment remained killed her. He was sentenced to death on widespread, as did impunity. 6 July for murder and on 26 July he was BACKGROUND additionally sentenced to 15 years in prison for abduction. He appealed against both A new Constitution was passed by sentences. referendum and enacted in May. The Council In May, two women, a Kuwaiti national and of Europe’s Venice Commission and the a Bidun, were arrested for placing street OSCE expressed concerns over the “overly signs bearing the initials of female victims of prominent” role of the president, the male violence and the manner of their weakened role of the parliament and deaths. They were later released. “potential encroachments on judicial independence”. LGBTI PEOPLE’S RIGHTS Clashes between local residents on the On 3 October, a criminal court convicted Kyrgyz-Tajik border in April-May left at least Maha al-Mutairi, a transgender woman, 36 Kyrgyzstanis dead. under the 2014 Communications Law and The Covid-19 pandemic continued to affect Article 198 of the Penal Code which the economy. The vaccination programme criminalizes “imitat[ing] the other sex in any was delayed by a shortage of vaccines and way,” and sentenced her to two years in hampered by inefficient distribution of prison and a fine based on her online humanitarian aid, but by September over 1 activities in 2021. She was incarcerated in million people had had at least one Kuwait Central Prison for men. She lodged an vaccination. In June vaccination was made appeal against her sentence. compulsory for all health workers and later DEATH PENALTY for other categories, causing controversy, although sanctions for those refusing were Courts continued to hand down death unclear. sentences; no executions were reported. Amnesty International Report 2021/22 226

GENDER-BASED VIOLENCE AND consciousness’’, without defining these DISCRIMINATION concepts. Activists expressed concerns that Domestic violence remained widespread. this could be used to unduly restrict the right Survivors remained discouraged from to freedom of peaceful assembly. reporting abuse, due to economic In March, municipal authorities in the dependence on the perpetrator and social capital, Bishkek, obtained a court order stigma. banning all assemblies in the centre of There were no comprehensive or unified Bishkek for two months on the grounds that statistics on domestic violence and figures rallies disturb local residents “resulting in varied across different government bodies. negative feelings and concerns about By September, the Ministry of Internal Affairs personal safety”. The ban was overturned by had registered 7,665 incidents, a 30% a court in April following an appeal by a civil increase compared to 2020. society movement. Women with disabilities faced greater In April, a peaceful rally against violence barriers in reporting domestic violence. In against women in Bishkek was disrupted by February Almira Artykbek-kyzy was finally about 200 men who harassed the able to leave the family home with the participants. Police took no action to protect assistance of her brother and report the years the peaceful demonstrators. of sexual and physical abuse perpetrated FREEDOM OF EXPRESSION against her by some family members. Almira Artykbek-kyzy, who suffers from cerebral Journalists and civil society activists critical of palsy, had been denied an education, the authorities faced harassment, deprived of legal capacity and kept a virtual intimidation, and in some cases unfounded prisoner in the family home. A criminal case criminal charges. brought against her relatives was ongoing at In February, the civil defamation case the end of the year. against two leading independent media outlets, Radio Azattyk and Kloop, and a WOMEN’S RIGHTS journalist, brought by the family of a former In July, the president approved a new top customs official, was dropped, after the “concept on spiritual-moral development and official was found guilty of corruption in physical education of individuals”. This calls criminal proceedings. on state bodies to promote traditional values In March, civil society activist Tilekmat and recommends that media outlets Kurenov was detained and later charged with propagate the values of a traditional society “calling for mass riots” (through his posts on [and] the ideals of the family. social media) and for the “violent overthrow On 16 November, Altyn Kapalova, a feminist of the government”. In April, he was artist and writer, lost a final appeal at Bishkek transferred to house arrest and on 20 August City Court in her case against the State he was convicted and sentenced to one and Registration Service in favour of putting a half years in prison. He had been among matronymics instead of patronymics in the the organizers of a peaceful rally against the passports of her three children. new Сonstitution. FREEDOM OF ASSEMBLY Also in March, officers from the State Committee for National Security (SCNS) Protesters demonstrating peacefully against questioned Aprel TV journalist, Kanat the new Constitution and in favour of gender Kanimetov, about his coverage of a previous equality were subjected to intimidation by investigation carried out by the SCNS. In state and non-state actors. April, his relatives in his family home in Article 10 of the new Constitution allows Balykchy were questioned and threatened restrictions on events that contradict “moral with being searched. and ethical values’’ or “the public Amnesty International Report 2021/22 227

In August, the Law on Protection from False IMPUNITY and Inaccurate Information was signed by In May, the State Penitentiary Service closed the president, amid concerns that it unduly its investigation into the death in 2020 of restricted the right to freedom of expression prisoner of conscience Azimjan Askarov from and could prevent criticism of public figures. Covid-19-related complications. A human It empowered unnamed state bodies to shut rights NGO, Bir Duino, successfully down or block websites for publishing “false appealed against the decision and petitioned or inaccurate” information, on the basis of a the Prosecutor’s Office to transfer the complaint by a private individual or a legal investigation to the State Committee for entity. National Security to avoid a conflict of TORTURE AND OTHER ILL-TREATMENT interest. Azimjan Askarov, an ethnic Uzbek human rights defender, had been sentenced Torture and other ill-treatment by law to life imprisonment in September 2010, enforcement officials continued to be following an unfair trial and torture. widespread and ineffectively investigated. Numerous international demands for his According to a survey published in July by release, and concerns over his deteriorating the NGO Coalition against Torture, 35% of health, had been ignored. survivors were tortured during questioning as suspects, 28% while being questioned as witnesses and 24% while the police were LATVIA checking their identity. The UN Human Rights Committee ruled in Republic of Latvia March in the case of Sharobodin Yuldashev Head of state: Egils Levits that Kyrgyzstan had failed to carry out a Head of government: Arturs Krišjānis Kariņš prompt, efficient and impartial investigation into his torture allegations. Sharobodin Border guards used force to pushback Yuldashev, an ethnic Uzbek, was tortured by refugees and migrants at the border with police officers in July 2011 to force him to Belarus. Women and girls faced difficulties “confess” to crimes during the ethnic accessing sexual and reproductive health violence in southern Kyrgyzstan in 2010. In services. There remained no legal bar to December 2011, the four police officers who discrimination on grounds of sexual had tortured him were charged with abuse of orientation and gender identity. power and unlawfully entering his house. Statelessness remained high. Some They were acquitted in 2012. Sharobodin children were discriminated against in Yuldashev was sentenced to 16 years’ access to education. imprisonment for participating in mass riots, BACKGROUND destroying property, robbery and taking hostages. The state of emergency in response to the In July, a new Criminal Procedural Code Covid-19 pandemic ended in April but many was adopted alongside other laws. Human restrictions remained. rights defenders expressed concerns that it Latvia acceded to the Optional Protocol to impeded the work of lawyers while delaying the Convention against Torture in December. their access to suspects. Furthermore, it reintroduced an additional check before the REFUGEES’ AND MIGRANTS’ RIGHTS opening of criminal investigations which had Under a state of emergency beginning in existed before 2017 and prevented prompt August, Latvian border guards used force to investigations into torture allegations. summarily return people arriving at the border with Belarus in search of asylum in Latvia. The emergency law provided for food and medical assistance in compliance with Amnesty International Report 2021/22 228

measures ordered by the European Court of The ILGA-Europe index ranked Latvia the Human Rights, but concerns were raised that second worst EU country in which to be an the needs of asylum seekers were not being LGBTI person, referring to bias-motivated met. In November, Latvia installed a speech, violence and other forms of temporary 37km fence on its border with discrimination. Belarus. In December, the EU Commission RIGHT TO A NATIONALITY proposed allowing Latvia, Lithuania and Poland extended timescales to register and Despite legislative changes in 2020, process asylum claims, as well as simplified statelessness remained high. Close to and quicker return procedures, weakening 200,000 people held the status of “non- EU asylum procedures. By year’s end some citizens”, facing discrimination in accessing 4,045 people had been intercepted at the economic, social, cultural and other rights. border and pushed back to Belarus and RIGHT TO EDUCATION around 446 detained for entering the country irregularly. The CESCR noted an increase in the number of Roma students completing compulsory WOMEN’S RIGHTS primary education but expressed concern In June, the Constitutional Court found the about discrimination against children Council of Europe Convention on preventing belonging to minority groups and and combating violence against women and undocumented migrant children, the domestic violence (Istanbul Convention) to be exclusion of people with disabilities from in compliance with the Latvian Constitution, mainstream education, and the but no further progress towards its ratification disproportionately high number of Roma was made. children enrolled in special needs SEXUAL AND REPRODUCTIVE RIGHTS programmes. Women and girls faced difficulties accessing sexual, reproductive and other essential LEBANON health information and services. The UN’s Committee on Economic, Social and Cultural Republic of Lebanon Rights (CESCR) noted in particular the Head of state: Michel Aoun limited access to free contraception for Head of government: Najib Mikati (replaced Hassan adolescent girls and young women. Diab in July, who replaced Saad Hariri in July) LGBTI PEOPLE’S RIGHTS The authorities’ response to Lebanon’s After being cancelled in 2020 due to the deepening economic crisis failed to ensure Covid-19 pandemic, Baltic Pride took place residents’ right to health and even their in August. In March, the CESCR raised right to life during the most acute moments concerns that the legislative framework of fuel and medicine shortages, as it lifted continued to omit sexual orientation and subsidies while failing to roll out an gender identity as grounds for discrimination. effective social protection scheme to help Parliament failed to legislate to recognize and mitigate the impact of these policies. protect the rights of same-sex couples, Impunity continued to protect perpetrators despite consecutive Constitutional Court of murder, torture and the devastating rulings confirming this obligation was explosion in 2020 at the port in the capital, enshrined in the Constitution. In December, Beirut. Authorities used terrorism-related the Supreme Court concluded that charges to prosecute protesters in Tripoli administrative courts may temporarily provide demanding socio-economic rights. Migrant such recognition and protection pending workers, particularly women domestic legislation. workers, continued to have their rights Amnesty International Report 2021/22 229

abused under the discriminatory kafala RIGHT TO HEALTH (sponsorship) system. Women still faced Throughout the year, access to health discrimination in law and in practice. services remained severely impacted by the Authorities continued to deport Syrian economic crisis. According to a September refugees back to Syria, despite risks of UN study, the percentage of households egregious human rights abuses there. deprived of healthcare increased from 9% in Allegations of torture of Syrian refugees 2019 to 33%, equivalent to approximately documented since 2014 were still not 400,000 households out of 1.2 million, and investigated, even when raised in courts. the number of people unable to obtain BACKGROUND medicine more than doubled. In July and August, acute fuel and medicine Lebanon’s economic crisis ranked in the top shortages endangered lives, including the 10 most severe crises globally since the ability of hospitals to ensure adequate mid-19th century, according to the World healthcare. Authorities failed to prioritize Bank. By the end of the year, the Lebanese hospitals and other critical services in their lira had lost 95% of its value since late 2019 redistribution of fuel seized from smugglers and annual food inflation stood at 357.95% and hoarders. In September, the directors of as of November 2021. The World Food three of Lebanon’s largest hospitals told Programme said in September that 22% of Amnesty International that they had been Lebanese people, 50% of Syrian refugees unable to secure enough fuel to sustain and 33% of refugees of other nationalities operations for even one month, leaving them 1 were food insecure. According to a UN study, reliant on UN donations. 82% of the population were living in On 26 August, cancer patients gathered multidimensional poverty in September. outside the UN offices in Beirut protesting In January, the UN Human Rights Council against the medicine shortage, following the reviewed Lebanon’s human rights record as government's failure to pay pharmaceutical part of the UPR. suppliers as part of a subsidy programme. On 15 July, the prime minister designate, The health ministry partially blamed the Saad Hariri, resigned and was replaced on shortages on hoarding by traders, yet the 26 July by Najib Mikati, who successfully authorities took no action to prevent or formed a cabinet that was endorsed by punish such hoarding. parliament on 20 September. The Mikati On 9 November, the government lifted government operated only for 20 days then pricing subsidies on most medications, froze its cabinet meetings due to political except for cancer, dialysis and mental health feuds over the investigation into the Beirut treatments. Throughout the year, drugs port explosion of 4 August 2020. remained unavailable and unaffordable to On 11 August, the Central Bank started most of the population. lifting fuel import subsidies, prompting critical By the end of the year, 35.15% of the shortages of petrol and diesel, exacerbated population, both nationals and residents, had by smuggling and hoarding, which in turn led received their first Covid-19 vaccination and to dozens of people being killed or injured by 28% their second. While refugees in Lebanon explosions of stockpiled fuel in residential had access to vaccination via teams deployed areas. by UNHCR, the UN refugee agency, the After months of delays, in December the proportion of refugees vaccinated remained government launched a “ration card” disproportionately low. programme for 500,000 families, but the IMPUNITY funding for this card remained uncertain at the end of the year. Lebanese officials responsible for human rights violations continued to enjoy impunity for murder, torture and the port explosion Amnesty International Report 2021/22 230

alike. Authorities repeatedly obstructed the reported that he had been tortured or investigation into the Beirut port explosion, otherwise ill-treated. On 19 February, the taking numerous steps to shield politicians military prosecutor filed terrorism-related and officials from the investigative judge’s charges against at least 23 detainees, 2 summonses and even prosecution. including two minors, in what Amnesty In June, a group of 53 Lebanese and International considered to be an attempt to international rights groups, including harass protesters.4 If convicted, those Amnesty International, as well as 62 survivors charged could face the death penalty. The and families of victims and firefighters, called detainees were released on bail after weeks 5 on the UN Human Rights Council to create a of detention. fact-finding investigative mechanism into the On 11 August, parliamentary police as well explosion.3 In July, Lebanese authorities as unidentified armed men attacked relatives rejected the second investigative judge’s of the victims of the port explosion and repeated requests to lift immunity for journalists.6 members of parliament (MPs) and to Security services continued to summon for question senior members of the security interrogation activists, artists and journalists forces. The MPs filed more than a dozen in relation to their online expression critical of complaints accusing the judge of political the authorities. On 4 October, the General bias and causing four suspensions of the Security (GS) summoned theatre director investigation. The judiciary dismissed most of Awad Awad for interrogation over an these complaints, but a complaint filed in improvised play, accusing him of criticizing December suspended the investigation to the president and failing to obtain GS 2022. censorship bureau approval to stage the play, The investigation into the 4 February as required under Lebanese law. He was fatal shooting of intellectual and activist subsequently released. Lokman Slim in his car in southern Lebanon had yielded no results by the end of the year. WOMEN’S RIGHTS FREEDOM OF EXPRESSION Women continued to face discrimination in law and practice. Women’s rights groups AND ASSEMBLY continued to advocate for various personal Throughout the year, small protests took status and political rights, including the right place across Lebanon in reaction to fuel and to equal custody of children and for women medication shortages, and against the rising to pass on their nationality to their husband cost of living and government inaction on the and children when married to a foreign economic crisis. national. The authorities for the most part allowed In its third examination before the UN these protests to go ahead; however, in Human Rights Council, Lebanon rejected January, security forces used live several recommendations to lift its ammunition, tear gas and water cannons reservations to CEDAW, including adopting a against protesters in the northern city of unified personal status law, but partially Tripoli, after clashes with protesters who accepted a recommendation to amend its burnt municipality buildings. One protester discriminatory nationality law. was killed and 300 injured, while security forces said that over 40 of their members MIGRANTS’ RIGHTS were injured. Between 25 and 31 January, Migrant domestic workers in Lebanon, 99% 35 people were detained incommunicado in of them women, continued to suffer connection with the protests. After his discriminatory practices under the kafala release, one detainee bore signs of severe system. The economic crisis coupled with the beatings all over his body, with significant pandemic meant many migrant domestic injuries to his head, shoulders and neck, and workers were dismissed without pay, their Amnesty International Report 2021/22 231

belongings or passports. By October, the international airport. Following mounting International Organization for Migration said pressure to stop the men’s forcible that about 400,000 mostly Asian and African deportation, the GS released them in migrant and domestic workers living in October. The men had fled ongoing hostilities Lebanon were stranded without work or the in Daraa governorate in southern Syria. means to return home. DEATH PENALTY In its UPR, Lebanon failed to commit to abolishing kafala and refused the Courts continued to hand down death recommendation to sign and ratify the sentences; no executions were carried out. In International Convention on the Protection of the UPR process, Lebanon rejected the Rights of All Migrant Workers and recommendations to abolish the death Members of Their Families. penalty. REFUGEES’ RIGHTS 1. “Lebanon: Authorities violating right to health and endangering lives Lebanon continued to host the largest by failing to provide fuel to hospitals”, 6 September number of refugees per capita globally, with 2. “Lebanon: One year on from devastating Beirut explosion, authorities an estimated 1.5 million Syrian refugees, shamelessly obstruct justice”, 2 August including 879,529 registered with UNHCR as 3. “Lebanon: UN Human Rights Council must establish probe into Beirut of September. blast”, 15 June In March, Amnesty International released a 4. “Lebanon: Authorities step up repression through use of terrorism report documenting an array of violations charges against protesters”, 8 March committed primarily by Lebanese military 5. Lebanon: Open Letter to Human Rights Committee of the Lebanese intelligence against 26 Syrian refugees, Parliament Regarding Violations of Rights During Protests in Tripoli including four children, held on terrorism- in January 2021 (Index: MDE 18/3733/2021), 22 February related charges between 2014 and early 6. “Lebanon: Parliament police take part in vicious attack on families of 2021. Among the violations were unfair trial Beirut blast victims and journalists”, 12 August and torture, which included beatings with 7. Lebanon: “I Wished I Would Die” – Syrian Refugees Arbitrarily metal sticks, electric cables and plastic Detained on Terrorism-Related Charges and Tortured in Lebanon (Index: MDE 18/3671/2021), 23 March pipes. Authorities failed to investigate the 8. “Lebanon: General Security must halt imminent deportation of six torture claims, even when detainees or their Syrians”, 8 September lawyers told a judge in court that they had been tortured.7 Lebanon continued to forcibly deport LESOTHO refugees back to Syria, despite the risks of egregious violations upon return. On 28 Kingdom of Lesotho August, army intelligence officers arrested six Head of state: Letsie III Syrian men outside the Syrian embassy in Head of government: Moeketsi Majoro Baabda District after the men had received calls from the embassy inviting them to No one was brought to justice for the collect their passports. The men were murder of Lipolelo Thabane and the accused of entering the country illegally and attempted murder of Thato Sebolla in handed over to the GS, which issued a 2017. The Appeal Court awarded damages deportation order on 5 September. The six to a man who had been tortured by the men were held incommunicado for 46 days. police in 2015. The Covid-19 pandemic led Following pressure for their release, the GS to an increase in gender-based violence. It cancelled the deportation order on 8 had a devastating effect on the healthcare September and released all the men on 12 system and led to greater economic 8 October. hardship for many. In another incident in September, the GS detained three Syrian men at Beirut Amnesty International Report 2021/22 232

IMPUNITY Commissioner for failing to prevent such Former prime minister Thomas Thabane was crimes. In November 2020, the Chief Justice charged for the 2017 murders of Lipolelo in the high court had awarded Tšolo Tjela Thabane, his estranged wife, and the LSL400,090 (around US$28,000) which was attempted murder of her acquaintance, reduced by the appeal court. Thato Sebolla. He was informed of the GENDER-BASED VIOLENCE charges by the high court on 30 November. He and his current wife, and former First Gender-based violence, including domestic Lady Maesaiah Thabane, are the main violence, continued to rise in the context of suspects in the case. In February 2020, Covid-19, especially in rural areas where Maesaiah Thabane was charged with murder, more women and girls lost their jobs and had attempted murder and conspiracy to murder. to rely on their male partners for survival. The high court in Maseru, the capital, Access to legal remedies for women in these granted her bail but in July 2020 she was re- areas was limited, partly owing to lack of arrested when her bail was revoked and information. In March, UNAIDS reported that released again on bail of LSL10,000 (around one in three women had been abused by an US$700). In February 2020, Thomas intimate partner, and less than 40% of Thabane had sought immunity from women who experienced violence reported it prosecution as a sitting prime minister but or sought help. the case was abandoned when he stood ECONOMIC, SOCIAL AND CULTURAL down the following May. In August 2021, RIGHTS Nqosa Mahao, who had been removed from his post as law and justice minister in April, According to an economic survey carried out revealed that, following police investigations by the World Bank, Covid-19 lockdown during his tenure, enough evidence had been measures resulted in job and income losses gathered to arrest and charge Thomas affecting people in urban and rural areas. Thabane with his late wife’s murder. The global economic slowdown led to a However, the Director of Public Prosecutions reduction of remittances sent home by decided not to pursue the charges. In Basotho who worked abroad, especially in September, police sources told the Lesotho South Africa where many were employed as Times newspaper that political interference domestic workers or in mining. This resulted and other forms of obstruction of justice in increasing economic hardship. continued to hinder progress. RIGHT TO HEALTH FREEDOM OF ASSEMBLY The effects of the Covid-19 pandemic The government used Covid-19 as a continued to put the already inadequate justification for its ban on protests, denying healthcare system under strain. Early in the people their right to peaceful assembly. year, Lesotho emerged from a second wave TORTURE AND OTHER ILL-TREATMENT of infections. Vaccines were still in short supply by mid-year, and the vaccination drive In May, the Court of Appeal awarded struggled to gain momentum. By the end of LSL250,000 (about US$17,500) in damages the year, only 30.2% of the population had to Tšolo Tjela for the torture he was subjected been fully vaccinated while around 30.5% to in police custody in Mafeteng city in 2015. had received one dose; 31,106 Covid-19 According to the judgment, the cases and 683 related deaths had been compensation covered “shock and suffering, recorded since the beginning of the contumelia and medical expenses”. The pandemic. Sinopharm in China, foreign Court said the torture of suspects by police corporate companies and multinational officers was responsible for making “the corporations continued to donate Covid-19 country… lawless” and blamed the Police vaccines and PPE to Lesotho. Amnesty International Report 2021/22 233

BACKGROUND LIBYA The UN-mediated process led to the swearing-in of the Government of National State of Libya Unity (GNU) in March, tasked with preparing Head of state: Mohamed al-Menfi (replaced Fayez al- for presidential and parliamentary elections. Sarraj in March) Political divisions persisted and the Libyan Head of government: AbdelHamid al-Dbeibeh (replaced Arab Armed Forces (LAAF), an armed group, Fayez al-Sarraj in March) retained effective control over large parts of eastern and southern Libya. Militias, armed groups and security forces On 22 December, presidential elections continued to arbitrarily detain thousands of scheduled to begin on 24 December were people, some for over a decade, without postponed after authorities failed to confirm a allowing them to challenge the lawfulness list of eligible candidates. Disagreements over of their detention. Scores of journalists, the eligibility of candidates and the politicians, government employees and civil constitutional and legal basis for elections society activists were abducted, forcibly persisted, with various political constituencies disappeared and tortured or otherwise ill- dismissing electoral laws announced by treated on the basis of their actual or parliament’s spokesperson as invalid because perceived political, regional or tribal of the absence of a parliamentary vote, affiliation and/or activism connected to procedural irregularities and breaches of the planned elections. Militias and armed UN-backed roadmap. For a period in groups killed and wounded civilians and December, after AbdelHamid al-Dbeibeh destroyed civilian property during sporadic, announced his candidacy in elections, localized clashes. Attacks by armed groups deputy prime minister Ramadan Abu Janah on water infrastructure undermined access assumed the role of prime minister. to clean water for millions of people. Despite an August agreement by GNU and Authorities continued to integrate into state LAAF representatives on the gradual institutions and fund militias and armed withdrawal of foreign fighters, thousands groups responsible for war crimes and remained in the country. serious human rights violations. Authorities Libya’s economy showed signs of recovery, failed to protect women, girls and LGBTI in part due to the resumption of oil people from sexual and gender-based production. However, failure to adopt a violence or to address discrimination. national budget and unify the Central Bank Ethnic minorities and internally displaced curtailed the population’s enjoyment of socio- people faced barriers in accessing economic rights and led to repeated delays in education and healthcare. Militias and wages for public sector workers. security forces used unlawful lethal force In October, the UN Human Rights Council and other violence to arbitrarily arrest extended the mandate of the Fact-Finding thousands of migrants and refugees, while Mission to investigate crimes under EU-backed Libyan coastguards intercepted international law committed in Libya since at sea thousands of others and forcibly 2016. returned them to detention in Libya. ARBITRARY DETENTION AND UNLAWFUL Detained migrants and refugees were DEPRIVATION OF LIBERTY subjected to torture, unlawful killings, sexual violence and forced labour. Military The GNU and LAAF announced the release courts convicted scores of civilians in of scores of prisoners, including al-Saadi al- grossly unfair trials. Gaddafi, son of former ruler Muammar al- Gaddafi. However, militias, armed groups and security forces continued to arbitrarily detain Amnesty International Report 2021/22 234

thousands of people; some had been held for Libyan legislation retained corporal over 10 years without charge or trial. punishments, including flogging and Throughout the year, men and women were amputation. arrested for their actual or perceived political In June, a Tripoli military court sentenced a or tribal affiliation or activism in connection to soldier to 80 lashes for drinking alcohol; elections, and subjected to enforced military police carried out the flogging. disappearances or held incommunicado for up to seven months.1 UNLAWFUL KILLINGS In March, the Internal Security Agency, an The bodies of at least 20 individuals were armed group affiliated with the LAAF, found following their abduction by militias abducted Haneen al-Abduli from a street in and armed groups. Some had marks of Benghazi and detained her in al-Kouwifyia torture or gunshot wounds. prison until 28 June, after she had publicly In August, the body of Abdelaziz al-Ogali, a called for accountability for the murder of her 56-year-old man abducted in November mother, lawyer Hanan al-Barassi, who was 2020 by armed men believed to be affiliated gunned down in 2020.2 with the LAAF, was found in Benghazi. Military courts in LAAF-controlled areas FREEDOM OF ASSOCIATION AND convicted dozens of civilians in grossly unfair 3 EXPRESSION trials. The right to adequate defence, a reasoned judgment and genuine review were Throughout the year militias and armed routinely flouted. groups in areas controlled by the GNU and In September, the LAAF released journalist LAAF threatened and ordered dozens of Ismail al-Zway, who was serving a 15-year activists and politicians to cease their prison sentence imposed by a military court activism and political involvement in the due to his media work. elections, arresting at least 20 men. TORTURE AND OTHER ILL-TREATMENT After the National Youth League, a state body, called for protests against the Militias and armed groups systematically postponement of the elections, armed men tortured and otherwise ill-treated detainees in abducted its director Imad al-Harati from his official and unofficial places of detention with Tripoli office in September and held him impunity. Beatings, electric shocks, mock incommunicado for nine days. executions, flogging, waterboarding, In October, parliament passed a cybercrime suspension in contorted positions and sexual law that severely limits free expression online, violence were reported by prisoners held by allows for government surveillance and the Special Deterrence Force, Stability censorship, and punishes with imprisonment Support Apparatus, Brigade 444, Public the dissemination of content deemed Security Agency and the Security Directorate “immoral”. Support Force militias, as well as by armed Militias and armed groups continued to groups including the Internal Security target journalists and social media users Agency, Tareq Ibn Zeyad and the 128th and through arbitrary arrest, detention and 106thbrigades. threats, simply for expressing critical views or Prison officials, militias and armed groups carrying out their work. held detainees in cruel and inhuman In October, unidentified armed men in conditions, characterized by overcrowding, military uniform abducted journalist Saddam denial of healthcare and lack of hygiene, al-Saket during his coverage of a sit-in by exercise and sufficient food. At least two men refugees in Tripoli. His whereabouts died in custody after being denied adequate remained unknown. healthcare. NGO registration, funding and activities were subject to opaque and lengthy procedures. A case against undue Amnesty International Report 2021/22 235

restrictions to the right to freedom of Several countries, including Russia, Turkey association in Decree No. 286/2019 and the United Arab Emirates (UAE), violated regulating NGOs, remained pending at a the UN arms embargo established since Tripoli administrative court. 2011 by retaining foreign fighters and military Humanitarian actors reported increased equipment in Libya. Verified videos showed access restrictions to Libya and communities militias using UAE-manufactured and in need. exported armoured vehicles in a raid against UNLAWFUL ATTACKS migrants and refugees in Tripoli in October, which were likely seized by GNA-affiliated While the national ceasefire in place since militias (the previous Government of National October 2020 held, militias and armed Accord) from the LAAF during the 2020 groups violated international humanitarian hostilities in Tripoli. law during sporadic, localized armed clashes, IMPUNITY including indiscriminate attacks and destruction of civilian infrastructure and Officials and members of militias and armed private property. groups responsible for crimes under In June, clashes involving machine guns international law enjoyed near total impunity. between the Criminal Investigations Unit, a Authorities continued to fund abusive armed militia based in al-Zawiya city, and a militia groups and militias without vetting and to led by Mohamed al-Shalfoh, based in the integrate them into state institutions. neighbouring city of al-Agiliat, left two women In January, Abdel Ghani al-Kikli, and one man dead and damaged civilian commander of the Abu Salim Central property. Security Force militia, was appointed head of In October, a boy was killed in the southern the newly created Stability Support Authority city of Sebha during clashes between Brigade tasked with law enforcement and intelligence, 116, an armed group affiliated with the LAAF despite credible reports about his militia’s but nominally commanded by the GNU, and involvement in war crimes since 2011. a local armed group. Libyan officials and those with de facto Landmines planted by LAAF-affiliated non- control of territory ignored ICC arrest state actors before their withdrawal from warrants, with Saif al-Islam al-Gaddafi, who Tripoli in 2020 killed and wounded at least 24 had been indicted by the ICC on charges of civilians, including children. In March, a man crimes against humanity, running for the and a boy were killed in two separate presidency. landmine explosions in Tripoli’s southern In February, Al-Tuhamy Khaled, wanted by outskirts. the ICC for crimes against humanity and war Armed groups repeatedly attacked the Great crimes, died at liberty in Egypt. In March, Man-Made River (GMMR) infrastructure, a Mahmoud al-Werfalli, wanted by the ICC for network of waterpipes that transports water the murder of 33 people in Benghazi and from aquifers in the south to coastal areas, surrounding areas, was assassinated in limiting access to water for millions of people. Benghazi. In August, armed men affiliated with the In April, the GNU released Abdelrahman Magarha tribe forced the GMMR Milad, also known as Bidja, following a administration to cut water supplies to decision by the public prosecutor citing lack western Libya for a week, demanding the of evidence. He remained under UN Security release of their tribal leader Abdallah al- Council sanctions, imposed in June 2018, Senussi, a former intelligence chief who was over his involvement in human trafficking. He sentenced to death in 2015. resumed his role as head of the Libyan Coast In June, the Islamic State armed group Guard-Western Branch in al-Zawiya. Osama claimed a suicide attack on a police al-Kuni remained director of al-Nasr checkpoint that killed six civilians in Sebha. detention centre in al-Zawiya, despite being Amnesty International Report 2021/22 236

added to the UN Security Council sanctions In September, a transgender man fled Libya list in October for his role in crimes against after an armed group affiliated with the LAAF detained migrants and refugees. threatened to kill him and his friend in In June, the LAAF claimed that members of Benghazi. the Tareq Ibn Zeyad armed group killed DISCRIMINATION Mohamed al-Kani, a commander of the al- Kaniat armed group, while he was resisting ETHNIC MINORITIES AND INDIGENOUS COMMUNITIES arrest. Hundreds of mass graves containing Some Tabu and Tuareg, especially those bodies of men, women and children believed without national identity cards, faced to have been unlawfully killed by al-Kaniat discrimination in southern Libya in accessing were uncovered in Tarhouna after al-Kaniat’s essential services, including healthcare and withdrawal from the city in June 2020. education, as well as sports clubs. In al- Although authorities announced Kufra, Tabus were unable to access the investigations, no suspected perpetrators south-eastern city’s only university as it is were brought to justice. located in an area controlled by rival armed In October, the Fact-Finding Mission found groups. In September, the prime minister that all parties to the conflict had violated announced the establishment of a committee international law, and that abuses against to review contested Libyan citizenship claims refugees and migrants may amount to crimes mainly by ethnic minorities. against humanity. INTERNALLY DISPLACED PEOPLE SEXUAL AND GENDER-BASED VIOLENCE Nearly 200,000 people remained internally displaced, some for over 10 years. Libyan authorities failed to protect women, Thousands of internally displaced people girls and LGBTI individuals from sexual and from eastern Libya were unable to return gender-based violence as well as killings, home due to fear of reprisals by armed torture and unlawful deprivation of liberty, by groups and destruction of their property. militias, armed groups and other non-state Thousands of residents of Tawergha city, actors. Women and girls faced barriers to forcibly displaced since 2011, were unable to seeking justice for rape and other sexual return to their homes due to lack of security violence, including the risk of prosecution for and essential services. engaging in sexual relations outside marriage, Internally displaced people faced barriers criminalized in Libya, and revenge by curtailing their access to education, perpetrators. Women activists and politicians, healthcare, housing and employment due to including Najla al-Mangoush, GNU’s minister the failure of successive governments to of foreign affairs, and presidential candidates prioritize their rights, including in national Laila Ben Khalifa and Huneida al-Mahdi, budgets, and to protect them from arbitrary faced misogynistic abuse and threats online. detention, threats of eviction and other In February, following a family dispute, attacks by armed groups and militias. student Widad al-Sheriqi was abducted by armed men led by her father, tortured and REFUGEES’ AND MIGRANTS’ RIGHTS held captive in a private location in al-Zawiya Refugees and migrants were subjected to until she escaped in March. widespread and systematic human rights In July, the Special Deterrence Force violations and abuses at the hands of state captured and forcibly returned a girl survivor officials, militias and armed groups with of parental domestic violence to her family. impunity. Armed groups and militias continued to EU-backed Libyan coastguards endangered attack, harass and arrest LGBTI people. the lives of refugees and migrants crossing Consensual same-sex sexual relations the Mediterranean by shooting or otherwise remained criminalized. deliberately damaging their boats, leading to loss of life (see Italy entry). They intercepted Amnesty International Report 2021/22 237

and forcibly returned 32,425 refugees and groups did not vaccinate people in their migrants to Libya, where thousands were custody. By the end of the year, only 12% of detained indefinitely in harsh conditions in Libyans and less than 1% of foreign nationals facilities overseen by the Directorate for were fully vaccinated. Combating Illegal Migration (DCIM).4 The health sector struggled due to limited Thousands of others were forcibly and damaged infrastructure and equipment, disappeared following disembarkation. leading to the closure of several Covid-19 Refugees and migrants were also arbitrarily isolation centres. Armed men abducted and arrested in their homes, on the streets and at violently attacked healthcare and checkpoints. In October, Libyan security humanitarian workers. forces and Tripoli-based militias used DEATH PENALTY unlawful lethal force and other violence to round up over 5,000 men, women and Libyan law retained the death penalty for a children from Sub-Saharan Africa.5 wide range of offences not limited to Guards and militia subjected those in their intentional killing, and death sentences custody to torture and other ill-treatment, continued to be passed. No executions were including sexual and gender-based violence, carried out. forced labour and other exploitation, In May, the Supreme Court quashed the including at the al-Mabani DCIM detention conviction and death sentence against Saif centre opened in January in Tripoli. Guards in al-Islam al-Gaddafi and eight others, citing the Shara’ al-Zawiya DCIM centre in Tripoli fair trial concerns, and ordered a retrial. raped migrant women and girls and coerced them into sex in exchange for food. 1. “Libya: Authorities must address violations after elections DCIM authorities in eastern Libya expelled postponed”, 22 December at least 2,839 refugees and migrants to 2. “Libya: Government of National Unity must not legitimize militias and Chad, Egypt and Sudan without any due armed groups responsible for harrowing abuses”, 6 August process. 3. “Libya: Military courts sentence hundreds of civilians in sham, Libyan authorities prevented departures of torture-tainted trials”, 26 April several resettlement and evacuation flights 4. “Libya: Horrific violations in detention highlight Europe’s shameful for refugees and asylum seekers out of Libya. role in forced returns”, 15 July Guards, men in military uniforms and militia 5. “Libya: Unlawful lethal force and mass arrests in unprecedented unlawfully shot at refugees and migrants in migrant crackdown”, 8 October DCIM centres or during escape attempts, killing at least 10 and injuring dozens in al- Mabani detention centre and Abu Salim- LITHUANIA controlled detention centres in separate incidents in February, April, July and October. Republic of Lithuania RIGHT TO HEALTH Head of state: Gitanas Nausėda Head of government: Ingrida Šimonytė The Covid-19 vaccine rollout began in April, but was marred by delays, initial exclusion of Migrants were forcibly returned to Belarus. undocumented people, and failure to Parliament voted against legalizing same- prioritize health workers and other at-risk sex unions. Domestic violence remained groups. Libyan authorities failed to procure widespread. Lithuania had still not ratified sufficient vaccines, raise awareness or the Istanbul Convention, nor implemented ensure accessibility to at-risk groups. the European Court of Human Rights’ ruling Migrants, refugees and internally displaced regarding Abu Zubaydah. people faced additional barriers in accessing the vaccine due to nepotism and discrimination, while militias and armed Amnesty International Report 2021/22 238

event by Lithuania’s Supreme Administrative REFUGEES’ AND MIGRANTS’ RIGHTS Following a significant increase in the Court. number of migrants arriving at the border ARBITRARY DETENTION from Belarus in August, Lithuania declared a state of emergency in November, which was Abu Zubaydah, a Palestinian national extended until January 2022. detained in Guantánamo Bay, submitted a By the end of the year, Lithuanian border petition in April to the UN Working Group on guards had reportedly forcibly returned over Arbitrary Detention, and in November to a US 8,000 migrants to Belarus since August. federal court, calling for his release. In 2018, Migrants were held in poor conditions in the European Court of Human Rights had camps.The prime minister announced plans ruled against Lithuania for its deliberate to build a barrier separating Lithuania and facilitation of Abu Zubaydah’s enforced Belarus. Construction began in November. disappearance and torture in a secret CIA On 1 December, the European Commission prison that it hosted between 2005 and published proposals allowing Lithuania to 2006. By the end of the year, Lithuania had derogate from EU rules for six months. The still not yet fully implemented the court’s measures allow Lithuania to extend the decision. registration period for asylum application and simplify returns, thereby weakening asylum protections. MADAGASCAR On 23 December, parliament voted to increase the six-month detention limit, Republic of Madagascar introduced in July, to one year for migrants Head of state: Andry Rajoelina entering Lithuania from Belarus. Head of government: Christian Ntsay WOMEN’S RIGHTS The severe drought in southern Madagascar The issue of Lithuania’s ratification of the had a devastating impact on a wide range of Council of Europe Convention on preventing human rights, including the rights to life, and combating violence against women and health, food, water and sanitation. At least domestic violence (Istanbul Convention) was 2,747 prisoners were pardoned but excluded from the parliamentary session in detention facilities remained overcrowded, March. and conditions poor. Media workers were GENDER-BASED VIOLENCE harassed for reporting on subjects such as the Covid-19 pandemic. Gender-based Domestic violence remained widespread and violence, particularly against women and was exacerbated during the Covid-19 girls, was widespread and abortion pandemic. In March, the parliamentary remained criminalized. LGBTIQ+ people Ombudsman’s Office published its 2020 continued to face discrimination. annual report, which concluded that BACKGROUND provision of assistance to victims of domestic violence was insufficient. In June, the security forces said they prevented an alleged assassination attempt LGBTI PEOPLE’S RIGHTS on President Andry Rajoelina and other In May, parliament narrowly voted against members of the government, including the debating a bill – the “partnership law” – to then minister of interior and decentralization, legalize same-sex unions. the minister of national defence and the In September, the city of Kaunas held its minister of communication and culture. first LGBTQ+ march. The local authorities, Dozens of people, including national police which had refused to issue a permit, lost an and military personnel, were investigated for appeal and were ordered to authorize the Amnesty International Report 2021/22 239

their involvement in the alleged assassination children who had served at least half their attempt. sentence. HUMAN RIGHTS IMPACT OF CLIMATE FREEDOM OF EXPRESSION CHANGE MEDIA The southern region of Madagascar On 22 April, an inter-ministerial decision led experienced its worst drought in 40 years, to the banning of radio and audiovisual with more than 1 million people on the brink broadcasts in the regions of Analamanga, of famine and over 14,000 people living in Atsinanana, Sava, Boeny and Sofia as they famine-like conditions. were deemed to be “responsible for RIGHTS TO FOOD, WATER, EDUCATION AND SANITATION threatening public order and security and The severe drought affected the population of threatening national unity.” The decision was southern Madagascar, most of whom rely on reversed on 26 April after a backlash from subsistence agriculture, livestock and fishing civil society and media organizations. as their main sources of livelihood. Their The government used Law 91-011 of 1991 ability to enjoy the internationally recognized – intended to be applied only in exceptional right to a clean, healthy and sustainable circumstances – to limit the media’s ability to environment which is essential to the share information on the Covid-19 pandemic, enjoyment of many other rights, including the except for government sanctioned rights to life, health, water and sanitation, was information. Journalists who attempted to seriously undermined.1 report information not sanctioned by the Children and women were government were harassed and intimidated. disproportionately affected by the drought. On 30 May, the Madagascar Collective of Children dropped out of school to help their Journalists denounced harassment families to find food. Women had to engage against journalists. Police officers said in negative coping mechanisms, such as journalists were not allowed on the streets restricting adult family members’ food intake during the Covid-19 lockdown. Also in May, a to provide for children and preparing cheaper journalist from Basy Vava newspaper was and less nutritious food for their families. harassed and threatened with prosecution for Additionally, families increasingly migrated to public defamation after she published an other regions to escape hunger. article on alleged embezzlement of public funds by a former communications director DETAINEES’ RIGHTS in the president’s office. Conditions in detention facilities were poor SEXUAL AND GENDER-BASED and overcrowded. The prison administration’s DISCRIMINATION AND VIOLENCE statistics showed that by July, prisons with a maximum capacity for 10,645 inmates held SEXUAL AND REPRODUCTIVE RIGHTS 27,611 people, including 918 children, all of On 28 September, Nifin’Akanga, which whom suffered inhumane conditions. campaigns for decriminalization of abortion, Thousands of people continued to be published a report based on findings from its detained without trial. By July, around 45% of national survey. The report highlighted that the prison population, including 77% of child 52.5% of abortions took place in unhygienic prisoners, were in pretrial detention. conditions outside health facilities, such as in In June, President Rajoelina commuted the the homes of women and girls or of the sentences of 10,840 detainees and pardoned abortion practitioners; and that 31% of at least 2,747 sentenced prisoners, including abortions were performed by people with no people convicted of minor offences who had medical training. The report noted that up to three months left on their sentence; unsafe abortion increased the risks of severe women over 55 and men over 60 who had complications, including haemorrhage, been in prison for 10 years or more; and physical damage, psychological trauma and Amnesty International Report 2021/22 240

even death. The report also found that over Allegations of corruption involving the use 90% of women and girls were not using of Covid-19 funds, and vaccination contraceptive methods, due to lack of access shortages undermined the right to health. and lack of sexual education and were Despite steps to decongest prisons, they therefore not protected from the possibility of remained overcrowded, and conditions were unwanted pregnancies. poor. The Supreme Court of Appeal ruled On 19 October, proposed law 004-2021/PL that the death penalty was unconstitutional. to modify article 317 of the Penal Code to BACKGROUND decriminalize abortion was tabled before the National Assembly. The law aimed to Two million people in rural areas and decriminalize abortion where pregnancy 610,000 people in the cities of Lilongwe, presents a risk to the life of the pregnant Blantyre, Mzuzu and Zomba faced acute woman or girl, in cases of serious fetal food insecurity. impairment, and pregnancy resulting from VIOLENCE AGAINST WOMEN rape or incest. GENDER-BASED VIOLENCE Despite numerous interventions to curb Local organizations and the media reported violence against women, particularly in an increase in the number of domestic schools, cases of sexual, physical and violence cases during the pandemic and the emotional abuse, predominantly against resulting rise in the numbers of people in women and girls, escalated. The police poverty. recorded around 250 such cases each LGBTIQ+ PEOPLE’S RIGHTS month. Discrimination against and stigmatization of DISCRIMINATION people on grounds of their sexual orientation and gender identity remained widespread in PERSONS WITH ALBINISM Malagasy society. On 1 July, the interior Persons with albinism were murdered and ministry suspended an annual LGBT event faced other violent attacks and mutilations. In scheduled for 3 July in Antananarivo, the February, unidentified men murdered Dayton capital. The Director General for Culture Saidi in Mangochi; in the same month, explained the ministry’s decision, saying that unidentified assailants attempted to abduct a “homosexual-related activities are not yet 12-year-old girl in Machinga. The body of Ian permitted in Madagascar” and concluded Muhamba, aged 20, was found in August in that “the event will be cancelled as it harms Blantyre. Two suspects were arrested for his morality”. killing. Prosecutions against alleged perpetrators of such crimes were continually 1. Madagascar: It Will Be Too Late to Help Us Once We Are Dead: The delayed. Human Rights Impact of Climate Change in Drought-Stricken RIGHT TO HEALTH Southern Madagascar (Index: AFR 35/4874/2021), 26 October Reported cases of corruption impacted people’s ability to access health services. MALAWI Senior government officials were implicated in the mismanagement of Covid-19 funds. An Republic of Malawi audit report on Covid-19 funds during 2020 Head of state and government: Lazarus McCarthy was commissioned in February 2021 and Chakwera published in April. It revealed that government officials and private sector Gender-based violence against women and employees had abused about US$1.3 million girls escalated. Prosecutions for murder and of the funds. In April, police arrested 64 other violent attacks against persons with people for alleged misuse of Covid-19 funds, albinism were continually delayed. and the president fired the labour minister Amnesty International Report 2021/22 241

following his indictment on mismanagement investigated, arrested and prosecuted for of such funds. criticizing the government. The government The vaccination roll-out began in March used Covid-19 measures to restrict the with 512,000 doses. In May, the World Bank rights to freedom of expression and approved a US$30 million grant to help assembly. Further custodial deaths were Malawi acquire more vaccines. Thousands of recorded but no one was held to account. people were unable to receive their Covid-19 Immigration raids, detention and other vaccinations when, in June, health authorities forms of persecution against refugees, closed over half the country’s vaccination asylum seekers and migrant workers centres because of shortages. By August, continued. LGBTI people faced increased around 455,000 people had received their discrimination. first dose, and at least 139,000 had been BACKGROUND fully vaccinated. The government’s handling of the Covid-19 DETAINEES’ RIGHTS pandemic caused public protest and political Prisons were chronically overcrowded and instability. A state of emergency was imposed conditions were poor; facilities were from January to 1 August 2021 in response dilapidated and there was insufficient access to the pandemic under which the national to basic services. By April, overcrowding fell parliament and state legislative assemblies from 260% of prison capacity to 186% due were suspended. Prime Minister Muhyiddin to the Chilungamo Programme (an initiative Yassin resigned on 16 August after losing to improve justice and accountability in the majority support. His replacement, Ismail country). However, in Chichiri prison, the Sabri Yaakob, was sworn in one week later. largest in the Southern Region, cells with a FREEDOM OF EXPRESSION 60-person capacity continued to hold over 200 men. In February, news outlet Malaysiakini was DEATH PENALTY fined RM500,000 (approximately US$119,000) for contempt of court for In April, the Supreme Court of Appeal ruled comments posted by its readers criticizing a that the death penalty was unconstitutional court judgment. The Communications and and contrary to the right to life guaranteed Multimedia Act (CMA) and Sedition Act were under the Constitution. The Court ordered the used to criminalize dissenting voices. In re-sentencing of all convicts facing execution. March, the government enacted an However, following the retirement of Chief ordinance to combat “fake news” in relation Justice Dunstain Mwaungulu in August, the to Covid-19, which expired with the lifting of 1 remaining judges issued what they called a the state of emergency in August. perfected judgment, overturning the Activists, journalists and others faced declaration that the death penalty was investigation, prosecution and harassment for unconstitutional. criticizing the authorities. In July, refugee rights activist Heidy Quah was charged under the CMA for a comment posted on social MALAYSIA media in 2020 highlighting poor conditions at an immigration detention centre. Malaysia In July, police raided the offices of the Head of state: Abdullah makers of an animated film on police Head of government: Ismail Sabri Yaakob (replaced violence. On 29 July student activist Sarah Muhyiddin Yassin in August) Irdina Arif was detained under the Sedition Act and questioned for social media posts Human rights defenders, journalists, supporting “Lawan”, a movement protesting opposition leaders and others were Amnesty International Report 2021/22 242

against the government’s handling of deportations to countries where returnees Covid-19. were at real risk of human rights violations. In FREEDOM OF ASSEMBLY February, the government deported 1,086 migrants and asylum seekers to Myanmar in The Peaceful Assembly Act (PAA) and defiance of a court order and despite Covid-19 control laws and regulations were increased violence and threats of persecution used to prevent and disperse peaceful following the military coup there. protests. In March, police interrogated In June, hundreds of people were detained demonstrators following a protest calling for during a series of raids on areas with high the voting age to be lowered to 18.2 In May, numbers of undocumented migrants. protesters calling for parliament to be Crowded immigration detention facilities reconvened were investigated under the PAA. placed those detained at increased risk of 4 In July, police threatened to arrest doctors at contracting Covid-19. The government also one medical facility who were participating in disseminated anti-Rohingya posters and a nationwide hour-long strike in support of other anti-migrant messages online. better job security. The strike was called off In May, the Canadian government as a result. announced that it was investigating In the weeks preceding the resignation of allegations of forced labour in palm oil Prime Minister Muhyiddin Yassin, the plantations and glove factories in Malaysia. crackdown on the right to peaceful assembly intensified.3 Dozens of people were CRUEL, INHUMAN OR DEGRADING investigated in relation to a “Lawan” protest TREATMENT in the capital, Kuala Lumpur, on 31 July. At least 19 people died in police custody or Many others reported being harassed by shortly after release during the year. A 40- police in their homes. year-old man died in April after being On 2 August riot police blocked 107 hospitalized on release from police detention opposition members of parliament (MPs) the previous month. According to media from entering the parliament building, which reports, the autopsy found that A had been sealed off after the government Ganapathy’s death was due to injuries said Covid-19 cases had been detected. sustained while in police detention. The Police called in for questioning MPs who government claimed that investigations were were part of the protest that led to the ongoing, but no one was charged. According blockade and fined them for violating to government figures, 105 people died in Covid-19 control laws. police custody, prisons and immigration On 19 August, police dispersed a “Lawan” detention centres between January 2020 and vigil for Covid-19 victims and arrested and September 2021. fined 13 people for violating Covid-19 control laws. Two participants were charged under LGBTI PEOPLE’S RIGHTS the Police Act for behaving in “a riotous, The persecution of LGBTI people and indecent, disorderly or insulting manner.” activists continued. In January, the Organizers cancelled a subsequent “Lawan” government said it was considering increased protest. The police nevertheless obtained a penalties for “wrongdoings” by LGBTI people. court order barring 34 activists from entering In June, the government’s “anti-LGBTI task Kuala Lumpur and blocked roads leading to force” warned of action against those the city. “promoting the LGBTI lifestyle.” As of June, 1,733 individuals had been sent to REFUGEES’ AND MIGRANTS’ RIGHTS government “rehabilitation” camps run by The harsh treatment of refugees, asylum the Islamic Development Department (Jakim) seekers and migrant workers continued with with the aim of changing the “lifestyle” and immigration raids, arrests, detentions and “sexual orientation” of LGBTI people. In Amnesty International Report 2021/22 243

October, Nur Sajat, a transgender woman, of the most vulnerable countries to climate successfully claimed asylum in Australia. She change and this will in turn affect the rights alleged that she was sexually assaulted while of its citizens. in police detention in January. FREEDOM OF EXPRESSION AND INDIGENOUS PEOPLES’ RIGHTS ASSEMBLY Indigenous people in Kelantan state Throughout the year there were frequent protested plans to build a dam, with police crackdowns on protests, particularly community leaders alleging lack of free, prior those by opposition political groups. Media and informed consent. In July, an Indigenous personnel reporting on protests were also community filed a judicial review against the attacked or harassed by police. Police Selangor state government challenging a dispersed protesters, citing the Freedom of notice to evict them from their land to make Peaceful Assembly Act 2016 and health way for a tourism project. guidelines because of the Covid-19 DEATH PENALTY pandemic. The new Evidence Bill contained a worrying Progress towards the abolition of the death provision that would allow journalists to be penalty stalled although a moratorium on forced to reveal their sources, a contravention executions remained in place. Mandatory of media ethics and the right to freedom of death sentences continued to be imposed, expression. including for drug-related offences. On 6 May, an explosion targeted former President Mohamed Nasheed outside his 1. “Malaysia: Government must immediately withdraw draconian fake home. Mohamed Nasheed, the current Speaker of the Maldives’ Parliament, had news ordinance”, 15 March 2. “Malaysia: Drop investigations into the Undi18 protest”, 30 March previously spoken out against alleged 3. “Malaysia: PM’s resignation must restore respect for freedom of corruption and extremist groups operating in the Maldives. He was seriously injured in the expression and assembly”, 17 August 4. “Malaysia: Immigration raids on migrant workers during lockdown blast along with four others. According to media reports, the police stated that the 3.0”, 3 June explosion was orchestrated by “Islamic State sympathizers”. MALDIVES Investigations continued against the Maldivian Democracy Network (MDN), a Republic of Maldives widely respected NGO, which was de- Head of state and government: Ibrahim Mohamed Solih registered and banned by the authorities in November 2019 and had its bank accounts The space for freedom of expression and closed in 2020. The investigations concerned dissent shrank. The impunity enjoyed by allegations of blasphemy against Islam, in Islamist groups had a chilling effect on civil relation to a report published by MDN in society and opposition voices. 2016. By the end of the year there had been BACKGROUND no thorough, impartial and transparent investigation into MDN’s forced closure. The archipelago remained vulnerable to The government had yet to respond to the climate change and experienced increased targeting of the women’s rights organization flooding, erosion and fresh water shortages. Uthema by extremist groups in April 2020. The government of the Maldives committed The groups called for Uthema to be banned, to achieving net-zero emissions by 2030, labelling the organization “anti-Islam”. The subject to receiving the technical and authorities’ inaction was despite Uthema financial support required from the calling for the government to facilitate a international community. The Maldives is one dialogue with groups opposed to its work. Amnesty International Report 2021/22 244

FREEDOM OF RELIGION allegations of the torture of Ahmed Siraj in In May a bill was proposed in Parliament to police custody in 2020. criminalize hate speech. Media reports claimed the bill targeted conservative Muslim groups and that the MP who proposed it had MALI received threats from these groups. RIGHT TO TRUTH, JUSTICE AND Republic of Mali REPARATION Head of state: Assimi Goïta (replaced Bah Ndaw in May) On 15 January, President Solih appointed Head of government: Choguel Kokalla Maïga (replaced three Ombudspersons to the Office of the Moctar Ouane in June) Ombudsperson for Transitional Justice, established under the Transitional Justice Act Military forces and armed groups continued of 2020. According to the President’s Office, to commit human rights violations and the Act sought to end the culture of impunity, abuses against civilians, including war strengthen the rule of law, prevent future crimes. The intelligence services were abuses of authority and provide suspected of forcibly disappearing senior accountability and reparations for victims of officials. There were some developments in violations that occurred between 1 January investigations into the use of lethal force 1953 and 17 November 2018. during protests in 2020 but progress was On 24 April, protesters gathered to raise limited regarding justice for violations by concerns about the increase in cases of the military. The government failed to harassment and violence against women and protect citizens from discrimination based children in the country. This was in light of on social status. The Covid-19 vaccine roll- government failures to safeguard women and out was slow. children, and properly investigate cases of BACKGROUND harassment and violence against them. Protesters said they were threatened with Following a cabinet reshuffle in May, the arrest by the police. military arrested the transitional president In April, seven years after the and prime minister in the second coup in disappearance of journalist Ahmed Rilwan, nine months. There were clear signs that the the Presidential Commission on Investigation transitional government phase might extend of Murders and Enforced Disappearances beyond the February 2022 deadline. (DDCom) stated there were new ECOWAS suspended Mali following the coup developments in the case which would be and imposed sanctions against several shared with the Prosecutor General’s Office. transitional leaders. In October, the ECOWAS The trial of six men accused of involvement Special Representative in Mali was ordered to in the killing of blogger Yameen Rasheed in leave the country. 2017 faced severe delays. In February, Civilians bore the brunt of the continuing Yameen Rasheed’s family expressed concern armed conflict in the Mopti and Ségou about the carelessness and negligence of the regions. In June, the French authorities prosecutors’ handling of the trial. In April, announced plans for a phased reduction of DDCom called on the authorities to Operation Barkhane, their regional accelerate the trial. counterterrorist operation in the Sahel region. At the end of the year, there had yet to be Rumours that a Russian private military any transparent, thorough, independent and company would fill the void further strained impartial investigations conducted into the Franco-Malian relations. death on 13 September of Mohamed Aslam, a prisoner at Hulhumalé prison, and Amnesty International Report 2021/22 245

ABUSES BY ARMED GROUPS ill-treatment of dozens of marketgoers in The Group for the Support of Islam and April. Muslims (GSIM) and the Islamic State in the On 2 April, Malian soldiers extrajudicially Greater Sahara (ISGS) committed war crimes executed four people on the outskirts of and other abuses against civilians. Diafarabé town, according to the victims’ The GSIM blockaded many villages and relatives. The victims, who lived near an army communities, restricting residents’ free camp, were accused of harbouring people movement and access to their farmland and who had attacked the camp that day. water, to force them to cease collaboration In October, Malian soldiers arrested at least with the army. Farabougou village in Ségou 30 people in Sofara on market day. A video region was blockaded for six months until documenting the arrests showed soldiers April. torturing an elderly man to force him to Between April and August, the GSIM confess to belonging to an armed group. blockaded Dinagourou in the Mopti region, Later that month, the army announced it was denying villagers access to their lands during investigating the torture and that the soldiers the rainy season. responsible had been suspended. The same In August, ISGS attacks in the Ansongo communiqué announced that “22 presumed Cercle killed 51 civilians in the Ouattagouna, terrorists” had been arrested in Sofara and Karou and Daoutegeft communes of the held in the gendarmerie’s custody. Ménaka region. ARBITRARY ARRESTS AND DETENTIONS VIOLATIONS OF INTERNATIONAL In March, the Appeal Court of Bamako HUMANITARIAN LAW dismissed all charges, due to lack of Military operations in the Mopti region led to evidence, against several individuals serious human rights violations which could arbitrarily arrested in December 2020. The in some cases amount to crimes under detainees, including popular radio host international law. Mohamed Youssouf Bathily - also known as On 3 January, the French military killed 22 “Ras Bath” - and five senior civil servants people who had gathered for wedding had been accused of plotting to “destabilize celebrations, in an airstrike on Bounti village. the institutions of the transition” with former The airstrike occurred in the context of prime minister Boubou Cissé, who was Franco-Malian military operations between 2 accused but never arrested. They were and 20 January. An investigation by released from custody in April; however, in MINUSMA (the UN mission in Mali) May, Ras Bath was arbitrarily detained again concluded that most of the guests were for a week after he denounced the judiciary’s civilians from Bounti and nearby villages, complicity in the “sham” investigation against including 19 of those killed, while three were him. possibly members of Katiba Serma, a GSIM- Following the coup in May, the military affiliated group. It recommended that the arbitrarily arrested and detained the former Malian and French authorities conduct an president, Bah Ndaw, and prime minister independent, credible and transparent Moctar Ouane without charge at the investigation into the attack and possible Soundiata Keita military camp in Kati; after a violations of humanitarian law. few days, Bah Ndaw was transferred to Camp Following an attack on a Malian military A in Bamako, and Moctar Ouane placed position in Boni (Mopti region) in February, under house arrest in Bamako. The military local residents said Malian armed forces justified their detention on security grounds. committed violations in retaliation, including In August, both were released and allowed to the enforced disappearance of 17 bus move freely. travellers in March and the torture and other Two civil servants were forcibly disappeared for two months, allegedly by the Sécurité Amnesty International Report 2021/22 246

d’État, before being transferred to Bamako in Bamako and paraded him through the central prison. Kalilou Doumbia, Permanent streets. Oumar Samaké returned voluntarily Secretary to the Presidency under Bah Ndaw, to pretrial detention after the government was arrested on 6 September according to gave him an ultimatum. Human Rights Watch, and his family was DISCRIMINATION unable to obtain information as to his whereabouts or his fate. On 10 September, Discrimination and violence continued Moustapha Diakité, a police commissioner against people based on social status arising based in Kayes, was also disappeared after from their descent. In September, one person he was summoned to a meeting with the was killed and many others injured in a mob National Police high command.It was not attack in Tomora against an Independence until 5 November that the whereabouts of Day procession of people belonging to a both men became known when, along with caste perceived to be inferior. Colonel Kassoum Goïta, former head of the RIGHT TO HEALTH Sécurité d’État, and four other individuals, they were charged with criminal conspiracy In February Mali received its first batch of and plotting against the government. 396,000 Covid-19 vaccines through COVAX. RIGHT TO TRUTH, JUSTICE AND By December, 963,968 doses were REPARATION administered, with 349,000 (1.7% of the population) having received two doses. In April, the Bamako Assizes Court heard 12 Vaccinations were mainly concentrated in trials on terrorism charges, leading to the urban centres due to the lack of security in conviction of 28 people who were given life the central and northern regions and poor sentences, and the acquittal of one. In medical infrastructure made it difficult to October, another Special Assizes session in conserve doses for delivery to remote areas. Bamako heard 47 additional cases under terrorism charges. In some cases, violations of the right to a fair trial were documented MALTA with illegal pretrial detention by intelligence services and a lack of legal representation Republic of Malta during preliminary investigations. In June, the Head of state: George Vella Assizes Court of Mopti tried 12 people for the Head of government: Robert Abela unlawful killings of 39 civilians from Koulogon-Peul in January 2019. The An independent inquiry into the killing of accused, who had been provisionally journalist Daphne Caruana Galizia found released by the court, were convicted in their that the state had failed to protect her and absence and sentenced to life imprisonment had created a climate of impunity that on charges including murder. facilitated her killing. A total ban on There was limited progress in investigations abortion remained in place. Asylum seekers into crimes under international law and migrants continued to be unlawfully committed by the military. detained in appalling conditions. Three In September, the commander of the asylum seekers remained on trial for Special Anti-Terror Force, Oumar Samaké, opposing their unlawful pushback to Libya was arrested and charged with “murder, after surviving a shipwreck. aggravated assault, lethal assault and BACKGROUND complicity in murder”, in relation to the deaths of 14 protesters in 2020 following the In June, the intergovernmental Financial use of excessive force by security forces. His Action Task Force placed Malta on the so- arrest led to spontaneous protests by police called “grey list” of countries with weak officers, who freed him from the main prison safeguards against money-laundering and Amnesty International Report 2021/22 247

the financing of terrorist activities, effectively sea and for instructing private vessels to discouraging international investment. return rescued people to Libya. RIGHT TO TRUTH, JUSTICE AND In May, the OHCHR also expressed concern REPARATION about the lives of people at sea being endangered by Malta and other EU states In July, the final report of the independent delaying rescues and shifting responsibilities inquiry into the 2017 killing of journalist for rescue onto Libyan authorities, resulting in Daphne Caruana Galizia was published. The people being returned to abuse in Libya. inquiry found that the authorities had failed to Asylum seekers continued to be detained recognize the imminent risks to her life and arbitrarily in sub-standard, unsanitary to take steps to protect her; and that the conditions. Both the CoE Commissioner and prime minister and other officials at the the European Committee for the Prevention highest levels had created a climate of of Torture (CPT) expressed concerns over the impunity which facilitated her killing. The legality and length of detention for numerous inquiry recommended the continuation of asylum seekers. In March, the CPT published investigations into all aspects of the killing the report of the visit it carried out in various and systemic reforms to strengthen the rule centres, including the Hermes Block and Safi of law and the protection of journalists. In Detention Centre, in September 2020. The August, a former businessman suspected of CPT described a system of “institutional ordering her killing was indicted. Two men mass neglect”, inhuman and degrading accused of planting the bomb which killed treatment, and reports of ill-treatment and her were awaiting trial, while a third, who excessive use of force. It urged Malta to pleaded guilty, was sentenced in February to reconsider its immigration detention policy. In 15 years’ imprisonment. October, the CoE Commissioner for Human SEXUAL AND REPRODUCTIVE RIGHTS Rights also visited Safi Detention Centre. She urged the authorities to immediately ensure A total ban on abortion remained in place, dignified conditions there and to consider preventing people from accessing the alternatives to immigration detention. procedure even in cases where their health In March, the European Court of Human was at risk. In May, a member of parliament Rights, in the case of Feilazoo v. Malta, found presented a bill to decriminalize abortion, the that Malta had violated the rights of a first time such a proposal had been tabled in Nigerian national by holding him in prolonged parliament. However, opponents of the isolation in inadequate conditions and proposal prevented its discussion from taking detaining him unnecessarily with people in place. Covid-19 quarantine. In March, the European Commission REFUGEES’ AND MIGRANTS’ RIGHTS against Racism and Intolerance expressed By the end of the year, 832 refugees and concern that Malta had no plans to introduce migrants reached Malta by sea, many after a form of regularization for people who had being rescued by the Maltese armed forces. resided there for many years and could not By the end of September, when arrivals by be returned to their countries of origin. sea had reached 464 people, a quarter of The survivors and the relatives of some of them were unaccompanied children and those who died during the so-called “Easter most were Syrian, Sudanese and Eritrean Monday” pushback to Libya, carried out in nationals. In 2020, 2,281 people had April 2020 by a merchant vessel contracted reached Malta by sea in search of safety. by the Maltese government, sued Malta for In March, the Council of Europe (CoE) denying their right to asylum. At a hearing in Commissioner for Human Rights criticized May, a former senior official confirmed Malta for ignoring or responding slowly to organizing several pushbacks, including the distress calls from refugees and migrants at “Easter Monday” one. Amnesty International Report 2021/22 248

In October, 32 men sued the government presidential administration continued to for their unlawful detention in ferry boats, deploy the largest number of military positioned outside territorial waters to personnel in the streets since the beginning circumvent human rights obligations, of the “war on drugs” in 2006, according to between late April and early June 2020. They official data released following freedom of were among over 400 people detained by the information requests. It also presented a bill government in boats unequipped for long to formally incorporate the National Guard stays, without being provided with legal into the armed forces. The National Guard grounds for their detention. was the security force with most complaints Three asylum seekers remained on trial for filed against it before the National Human opposing their unlawful return to Libya, with Rights Commission, with an increase over 100 other people, by the captain of the in complaints received compared to the ship that rescued them at sea. Witnesses previous year. described how the young men, known as the A truth and justice commission was “El Hiblu 3”, were only trying to mediate established in relation to grave human rights between the survivors and captain. They violations committed during the “Dirty faced charges, including under counter- War” (1960s to 1980s). Civil society terrorism legislation, punishable by life organizations praised the inclusion of victims imprisonment.1 in the process yet highlighted the need to guarantee collaboration from the army in 1. Malta: The El Hiblu 3 Case – Update. The Long Wait for Justice (Index: making historic archives available. EUR 33/3884/2021), 26 March The independence of the judiciary was put at risk by a legislative reform to extend the term of the Chief Justice of the Supreme MEXICO Court and the counsellors of the Federal Judiciary; it was declared unconstitutional by United Mexican States the Supreme Court in November. Head of state and government: Andrés Manuel López In June, the Supreme Court declared Obrador unconstitutional articles of the General Health Law prohibiting the recreational use of The government continued to make public cannabis. statements attacking civil society In October, the Supreme Court ruled organizations, the media, human rights unconstitutional some articles of the National defenders and academics, as well as women Law on the Use of Force and asked Congress protesting against gender-based violence. to legislate on several principles that were left There were repeated reports of excessive out of the law. However, it did not rule on the use of force by police officials when creation of an external police observatory, as detaining people or policing protests and by ruled by the Inter-American Court of Human members of the National Migration Institute Rights, regarding the serious human rights (INM) and the National Guard against violations committed in San Salvador Atenco migrants. Women and girls continued to in May 2006. face high levels of gender-based violence ENFORCED DISAPPEARANCES AND and criminal investigations for feminicides IMPUNITY remained inadequate. The Supreme Court issued a historic ruling decriminalizing Authorities registered at least 7,698 cases of abortion. missing and disappeared persons during BACKGROUND 2021, of which 69% were men and 31% were women. This brought the total number Despite international recommendations, as of reports of missing and forcibly disappeared part of its public security strategy, the people in Mexico since 1964 to over 97,000 Amnesty International Report 2021/22 249

by the end of the year. Impunity largely In August, 23-year-old José Eduardo Ravelo prevailed on this issue, with just 35 died of multiple injuries inflicted by police convictions for the crime of enforced officers in the state of Mérida. The National disappearance. According to official figures, Human Rights Commission concluded that the bodies of more than 52,000 people his death was the result of excessive force remained unidentified, most of them in mass and torture during his detention. By the end graves. Several people searching for their of the year, no one had been brought to missing relatives were killed during the year; justice for these crimes. no one had been brought to justice for the In September, two former state and federal killings by the end of the year. police commanders were arrested, accused In April, authorities arrested 30 marines of responsibility in the repression of a accused of a series of enforced teachers’ protest in 2016 in Nochixtlán, state disappearances in Nuevo Laredo, Tamaulipas of Oaxaca, that left at least six people dead state, in 2018, 12 of whom were and more than 100 injured. subsequently released by administrators of ARBITRARY ARRESTS AND DETENTIONS justice on procedural grounds. In July, the navy offered a public apology for the In May, the cases of Daniel García Rodríguez disappearance of 47 people in the same and Reyes Alpizar Ortíz reached the Inter- incidents and pledged to cooperate with American Court of Human Rights. The two ongoing investigations. men had been held in pretrial detention since In June, the Attorney General's Office 2002. announced the identification of the remains In June, police in the city of León, state of of Jhosivani Guerrero, the third of the 43 Guanajuato, detained dozens of people for students from Ayotzinapa who went missing not wearing masks, without taking measures in 2014 to have been identified. After to prevent Covid-19 infection during the 1 considerable delays, in September, the arrests. Several were held for several hours President sent a letter to the Prime Minister before being brought before a judge. of Israel, emphasizing the importance of the TORTURE AND OTHER ILL-TREATMENT extradition of Tomás Zerón, accused of torture in the Ayotzinapa case and currently In August, the President issued a decree, in seeking asylum in Israel. Parents of the line with provisions of pre-existing national Ayotzinapa students reported that the laws, to release prisoners held in prolonged Ministry of Defence hindered the progress of pretrial detention who were elderly or victims the investigations in the case. of torture. However, the decree did not adopt The UN Committee on Enforced recommendations from civil society Disappearances (CED) visited Mexico in organizations and restricted the threshold for November and noted the challenge of proving torture to people who had had a tackling disappearances as “immense” and medical examination based on the Manual on called on authorities to redouble efforts to the Effective Investigation and combat structural impunity and ensure Documentation of Torture and Other Cruel, coordination between different government Inhuman or Degrading Treatment or ministries. Punishment (Istanbul Protocol). It also UNLAWFUL KILLINGS excluded prisoners accused of involvement in organized crime and kidnapping. The decree In March, several UN bodies and human resulted in approval of the release of more rights organizations condemned the death of than 682 prisoners and 4,233 files were Victoria Salazar, a Salvadoran refugee, at under review. hands of four police officers in Tulum, state of The UN Working Group on Arbitrary Quintana Roo, as a result of excessive force Detention called on Mexican authorities to during her arrest. immediately release Verónica Razo Casales, Amnesty International Report 2021/22 250

held in pretrial detention since 2011, and arrested a man as a suspected operator of convicted by a federal judge in December the espionage software. 2021. She had been arbitrarily detained and In response to student protests, police from tortured with rape by members of the Federal the Federal Protection Service took charge of Police. security at the Centre for Economic Research Authorities detained a former Federal Police and Teaching in December, a public commander accused of torture in the case of university in Mexico City, making it one of the French citizen Florence Cassez. She was very few academic institutions in the country 3 detained in 2007 and released in 2013 after to have a police presence on campus. being cleared of the crime of kidnapping. Her VIOLENCE AGAINST WOMEN AND GIRLS co-defendant, Israel Vallarta, also a torture victim, remained in pretrial detention, 15 The authorities registered 3,427 killings of years after his arrest. women in the country during the year, of The National Programme for the Prevention which 887 were under investigation as and Punishment of Torture and Ill-treatment feminicides. had still not been published by the end of the In the state of Mexico, the state with the year. highest number of feminicides in 2021, there were serious flaws in the criminal FREEDOM OF EXPRESSION AND investigations of these crimes.4 The ASSEMBLY authorities failed to properly safeguard the Authorities continued to stigmatize and evidence collected, examine all lines of repress feminist protests and to misuse the investigation and correctly apply a gender criminal justice system to discourage people perspective. As a result, it was left to families from taking part in them. Days before to invest time and money in pursuing International Women's Day demonstrations, investigations, which increased the likelihood the President and some other officials that these crimes would go unpunished. In described the protests as violent. In the addition, victims’ families continued to be states of Querétaro, Aguascalientes and threatened and mistreated by the authorities. Jalisco, the security forces detained at least These shortcomings were neither unique to 44 women protesters for allegedly damaging the state of Mexico nor new (they had already property, in some cases demanding large been observed in Ciudad Juarez, Chihuahua, sums of money to clear them of since the 1990s) but served to highlight responsibility. Mexico’s persistent failure to investigate and In May, during a protest by students from prevent violence against women. the Mactumactzá Rural Normal School in the In May, a statue in memory of Karla Pontigo state of Chiapas, the authorities detained 97 was installed in San Luis Potosí as part of the people. Of these, 74 were women, some of reparation for her killing. Her feminicide whom reported being subjected to sexual remained unpunished. violence by police officers. HUMAN RIGHTS DEFENDERS In June, a court handed down a second conviction against the former mayor of Human rights defenders continued to face Chínipas, state of Chihuahua, for the killing of high levels of violence and the vast majority journalist Miroslava Breach in 2017. of attacks remained unpunished. The organization Article 19 recorded at least Organizations reported an increase in seven killings of journalists during the year. violence against defenders of the land, An investigation revealed that the territory and environment. The government former government purchased Pegasus made statements calling into question the software to carry out secret surveillance of work of organizations and communities that dozens of journalists, activists and human opposed megaprojects promoted by the rights defenders.2 In November, authorities presidential administration. Amnesty International Report 2021/22 251

The whereabouts of human rights defenders mandatory criterion to be applied by judges Grisell Pérez Rivera, Claudia Uruchurtu Cruz in all states. and Irma Galindo, who disappeared in March Months earlier, Hidalgo and Veracruz joined and October in the states of Mexico and the list of states that authorized abortion up Oaxaca, remained unknown at the end of the to the 12th week of pregnancy; Baja year. In June, the OHCHR expressed concern California did so in October and Colima in about the disappearances and killings of December. By the end of the year abortion several leaders of the Yaqui Indigenous was legal in six states. people in Sonora state. The Supreme Court also invalidated the In November, the media reported that clause on conscientious objection to abortion instead of investigating the 2011 San by medical professionals contained in the Fernando massacre of 193 people, the health law and asked the legislature to Public Prosecutor’s Office opened criminal approve a new clause that guarantees that proceedings in 2016 for kidnapping and refusals to provide abortion care is exercised organized crime against a journalist and two without putting at risk the human rights of human rights defenders who had been others, especially the right to health. documenting and accompanying the families. The Interior Minister reported that by REFUGEES’ AND MIGRANTS’ RIGHTS October, 1,506 people were beneficiaries of Migrants, refugees and asylum seekers the Mechanism for the Protection of Human continued to face excessive use of force, Rights Defenders and Journalists, of whom arbitrary detention and unlawful returns by 1,011 were human rights defenders. He the authorities, as well as abductions and announced reforms to consolidate the killings by non-state actors. In January, the Mechanism and strengthen investigations burned bodies of 19 people, including 16 into attacks against defenders. Guatemalans, were found in a vehicle in By the end of the year, the Camargo municipality, Tamaulipas, an area recommendations of the OHCHR regarding where criminal gangs operate and migrants the creation of a comprehensive policy to often try to cross the border with the USA. By protect human rights defenders had yet to be November, authorities had detained 252,526 implemented. people in overcrowded immigration detention RIGHT TO HEALTH centres that did not comply with basic sanitary measures, despite the pandemic. During the year, 55.9% of the population Children were among those held, although received full Covid-19 vaccination. The the law expressly prohibits the detention of authorities ignored WHO standards by children. omitting private sector health professionals The country’s refugee agency received from the first stage of vaccination. 131,448 asylum applications in 2021, the One year on from his unfair dismissal after highest to date. For the first time, the largest he spoke out about poor working conditions, number of asylum seekers came from Haiti, Jorge Pérez, a 70-year-old cleaner in a public followed by Honduras. Tens of thousands of hospital, had not obtained justice or redress. people, mostly Haitians, were stranded in SEXUAL AND REPRODUCTIVE RIGHTS precarious conditions in Tapachula, state of Chiapas, for months as the asylum system In a landmark ruling, the Supreme Court collapsed due to high demand, and the INM determined in September that the initially refused to issue humanitarian visas criminalization of abortion in the state of allowing them to work or move to another Coahuila was unconstitutional. The Court state, as required by law.5 opened the way for decriminalization in the Local organizations reported that from rest of the country by establishing this as a August onwards the authorities carried out unlawful deportations at the border with Amnesty International Report 2021/22 252

Guatemala of Central Americans and Haitians FAILURE TO TACKLE CLIMATE CRISIS detained in the Mexican interior or at the US The government proposed a reform to the border. The Inter-American Commission on electricity and energy sector which experts Human Rights and OHCHR condemned the said posed risks to investment in the excessive use of force by the INM and the renewable energy sector. National Guard against thousands of Haitians Mexico’s new commitments on climate seeking to leave the state of Chiapas. The change presented at the Conference of authorities subsequently carried out raids in the Parties on Climate Change in November several states of the country to detain were criticized for being essentially almost Haitians. In October, the National Guard fired the same as its commitments of 2015. on a truck carrying migrants in Chiapas state, causing the death of two migrants. 1. “Mexico: Open letter from Amnesty International to the Governor of By November, authorities had sent back Guanajuato and the President of León Municipality”, 29 June 101,571 people, most from Central America. (Spanish only) Among them were thousands of 2. “Mexico: Pegasus in México: No to surveillance”, 28 July (Spanish unaccompanied children whose best only) interests the authorities failed to take into 3. “Mexico: The entry of the SPF into the CIDE to carry out security and 6 surveillance tasks has a chilling effect that inhibits the right to account. peaceful assembly and freedom of expression of people in that academic institution”, 31 December (Spanish only) LGBTI PEOPLE’S RIGHTS The state congresses of Baja California, 4. Mexico: Justice on Trial: Failures in Criminal Investigations of Femicides Preceded by Disappearance in the State of Mexico (Index: Guanajuato, Querétaro, Sinaloa, Sonora, AMR 41/4556/2021), 20 September Yucatán and Zacatecas approved same-sex 5. Haiti: Not Safe Anywhere: Haitians on the Move Need Urgent marriage, bringing the number of states that International Protection (Index: AMR 36/4920/2021), 28 October recognize same-sex marriage to 26 A reform 6. USA: Pushed into Harm’s Way: Forced Returns of Unaccompanied approved in the state of Mexico brought to 14 Migrant Children to Danger by the USA and Mexico (Index: AMR the number of states that have laws 51/4200/2021), 11 June guaranteeing recognition of gender identity and allow people to change the name and MOLDOVA gender on their birth certificates. Mexico had the second highest number of attacks against LGBTI people in the region. Republic of Moldova The National Observatory of Hate Crimes Head of state: Maia Sandu Against LGBT Persons recorded at least 72 Head of government: Natalia Gavrilița (replaced killings and disappearances during the year. Aureliu Ciocoi in August) INDIGENOUS PEOPLES’ RIGHTS Torture and other ill-treatment persisted. As in previous years, Congress failed to pass Impunity for grave past abuses by law a law to regulate Indigenous peoples’ right to enforcement agencies remained endemic. free, prior and informed consent, guaranteed Concerns over unfair trials continued. under ILO Convention 169, despite a 2020 Judicial oversight of surveillance and Supreme Court ruling. The President passed approval of pretrial detention was reported a decree to fast-track approval processes for to be weak. Little progress was made in infrastructure and megaprojects, overriding addressing domestic violence. In the environmental approvals and processes for breakaway Transdniestria region critics of consultation with Indigenous peoples. The the de facto authorities faced prosecution Supreme Court placed an injunction on the and concerns were raised about the right to decree following a constitutional challenge education. presented by the national transparency agency. Amnesty International Report 2021/22 253

BACKGROUND IMPUNITY A stand-off between the President and Impunity for major past human rights parliament following the Prime Minister’s violations by members of law enforcement resignation came to an end with early agencies, including mass torture and other parliamentary elections in July, resulting in ill-treatment of peaceful protesters in 2009, the formation of the first non-coalition remained endemic. government since 2009. No progress was reported in the case of the In September parliament voted to appoint a abduction and forcible return of seven new national human rights Ombudsperson, Turkish nationals by Moldovan security amid concern in some quarters that her role services in 2018, further to the limited as legal adviser to Maia Sandu in the 2020 investigation and a single conviction and non- presidential elections may create a potential custodial sentence in 2020. In March, the conflict of interest. Council of Europe’s Committee of Ministers The Covid-19 pandemic continued to affect considered implementation of the European the economy, resulting in falling standards of Court of Human Right’s decision in this case living for many, although government (Ozdil and Others v. Republic of Moldova) economists predicted a return to growth by and “firmly reiterated” the need to ensure the end of the year. Free Covid-19 effective oversight and accountability of the vaccination was made widely available, with a security services and "regretted the choice of vaccines, and promoted during authorities’ lack of a response” to its previous vaccination marathons in the capital, call. In October, Moldova submitted its Chisinau, and elsewhere. The uptake of free Updated Action Plan on the judgment which Western-supplied vaccines in the breakaway committed it to review past judicial decisions Transdniestria region was lukewarm, with and adopt legislation intended to increase the many residents preferring the Russian- accountability of its security services. produced Sputnik vaccine or resisting RIGHT TO A FAIR TRIAL vaccination altogether. TORTURE AND OTHER ILL-TREATMENT Concerns over unfair trials persisted. No progress was reported in the 38 criminal No visible progress was made in addressing cases in which the Prosecutor General had torture and other ill-treatment. Overcrowding, acknowledged political motivation and unsanitary and otherwise inadequate promised a review in 2020. In none was the detention conditions were regularly reported conviction quashed or criminal proceedings in adult, juvenile and mixed penitentiary terminated. In the most high-profile case, institutions. Veaceslav Platon, freed in 2020 pending a The National Ombudsperson for Children’s new investigation and retrial, left Moldova in Rights reported further adverse effects of the July. The Prosecutor General was widely Covid-19 pandemic on conditions for minors blamed for him leaving the country but in detention, with those from socially brushed aside criticism as “political disadvantaged families particularly affected. interference” with his work. The handling of Complaints of poor diagnostics and health these cases in light of persistent concerns provisions were commonplace, while medical over selective justice again exposed the staff remained part of penitentiary rather than weaknesses of the criminal justice system, its health authorities. vulnerability to political interference and the A riot at the Brănești penitentiary institution, need for reform. on 5 February, highlighted the issue of an RIGHT TO PRIVACY informal hierarchy and inter-prisoner violence, which the authorities chronically NGOs and defence lawyers continued to failed to address. express concern that judicial review of law enforcement agencies’ requests for Amnesty International Report 2021/22 254

wiretapping of private communications and Blaga Theoretical High School, the only for placing criminal suspects in pretrial Romanian-language school in the regional detention was insufficiently probing, and capital, Tiraspol, and suspended its resulted in near-total approval. Safeguards operations for at least three months. The envisaged in national law, such as the reasons were not reported. The de facto persons being wiretapped being compulsorily authorities reversed the decision to suspend informed, were not observed. the school in the same month, after At a press conference on 4 October, the intervention by the OSCE and other Prosecutor General accused a former international partners. colleague and several NGOs of plotting to unseat him, and claimed he had seen the content of their mobile communications. He MONGOLIA was arrested the following day on several charges, including abuse of authority. Mongolia GENDER-BASED VIOLENCE Head of state: Ukhnaa Khurelsukh (replaced Khaltmaa Battulga in June) On 14 October parliament approved Head of government: Luvsannamsrai Oyun-Erdene ratification of the Council of Europe Convention on preventing and combating Covid-19 restrictions were used to repress violence against women and domestic the rights to freedom of expression and violence (Istanbul Convention), which peaceful assembly. Health workers were Moldova signed in 2017. Little tangible threatened and assaulted for protesting progress was made, however, in addressing against poor working conditions. Authorities domestic violence, which predominantly failed to adequately address allegations of affected women. torture. TRANSDNIESTRIA REGION BACKGROUND FREEDOM OF EXPRESSION Over 200 protests took place during the year, Critics of the de facto authorities faced mainly against the negative impact on criminal prosecution. people’s livelihoods caused by government In July, pensioner Mikhail Yermuraki was measures in response to the Covid-19 convicted of “insulting the President” and pandemic. fined the equivalent of US$600. Two other FREEDOM OF EXPRESSION AND charges against him, “denying the positive ASSEMBLY role of Russian peacekeepers” and “inciting national, racial, religious hatred”, were Restrictions introduced to control the spread dropped. of Covid-19 that prohibited demonstrations In the same month, activist Gennadiy were used to as a pretext to arbitrarily and Chorba was sentenced to three years and sometimes forcibly disperse peaceful three months’ imprisonment, for the same protests. Some protest organizers were 1 offence of insulting the President as well as arrested, detained and fined. on charges of “extremism” in connection with a peaceful picket a year earlier which he had WORKERS’ RIGHTS attended. The de facto authorities accused The Covid-19 pandemic exposed long- him of inciting people to protest, as well as of standing weaknesses in the healthcare making derogatory comments about medical system. Frontline health workers were personnel during the pandemic. subjected to harassment by the authorities RIGHT TO EDUCATION and physical assaults by frustrated and In August, the de facto Transdniestrian desperate patients. Protests about health authorities refused to reregister the Lucian workers' treatment, including poor working Amnesty International Report 2021/22 255

conditions and exhaustion, were met by RIGHT TO HOUSING threats from the prime minister. The government continued to block the Many health workers continued to work establishment of “Citizens’ Representative despite their own poor health for fear of Organisations”. Provided for in the Law on losing their jobs. As of October, approximately Urban Redevelopment, these bodies ensure one in five health workers had been infected the participation of communities in decisions with Covid-19. relating to the projects affecting their land RIGHT TO EDUCATION and housing. In October, the Supreme Court dismissed the case of Davaanyam Puntsag Government-imposed school closures in and his family who were forcibly evicted in response to Covid-19 severely impacted 2018 when a property developer demolished access to education for children of herders their home in the Bayangol district of the and other children living in rural areas or capital, Ulaanbaatar. areas with limited or no access to the internet and television. Schools reopened in LGBTI PEOPLE’S RIGHTS September after almost two academic years. Online discriminatory comments posted by HUMAN RIGHTS DEFENDERS the Deputy Mayor of Ulaanbaatar in September led to an increase in threats and In July, the Law on the Legal Status of hate speech against LGBTI people, activists Human Rights Defenders entered into force. and organizations. It consolidated legal protections for human rights defenders but also contained 1. “Mongolia: The right to freedom of assembly and expression is being provisions that could be interpreted to suppressed”, 12 May (Mongolian only) arbitrarily restrict human rights defenders’ 2. “Mongolia: The real situation of human rights defenders is a voices and put them at risk of prosecution. problem,” 25 May Rights activists, including herders working on environmental and land rights issues and advocates, continued to face threats, MONTENEGRO intimidation and prosecution for their 2 legitimate activities. Republic of Montenegro TORTURE AND OTHER ILL-TREATMENT Head of state: Milo Đukanović Head of government: Zdravko Krivokapić There was no progress towards setting up a national mechanism for the prevention of Impunity persisted for crimes under torture, which was provided for under the international law and attacks on journalists. 2020 revised law on the National Human Misogynist hate speech increased, while Rights Commission of Mongolia, despite ethnic division and religious intolerance Mongolia’s acceptance of relevant deepened. The government failed to deliver recommendations during its UPR. promised reforms. Torture survivors and victims’ families BACKGROUND remained unable to access full and effective reparation. Investigations into allegations of The shaky multi-ethnic coalition government torture were generally flawed and those began to address past violations, including suspected of being responsible were rarely political control of the police, prosecution and brought to justice. According to statistics judiciary, and complicity with organized published by the Prosecutor General’s Office crime. in October, 53 alleged torture cases had been reviewed, but only three resulted in prosecutions. Amnesty International Report 2021/22 256

RIGHT TO TRUTH, JUSTICE AND Orthodox Church. Police responded with tear REPARATION gas and rubber bullets. The NGO Human Rights Action urged the GENDER-BASED VIOLENCE new Supreme State Prosecutor to revise the unimplemented 2015 War Crimes Strategy In April, NGOs called for a law on sexual and adopt measures ending impunity. harassment after misogynistic hate speech Investigations opened into one case, was directed at the Minister of Health, female transferred from Bosnia and Herzegovina. politicians and other women. Judgment remained pending after the The increase in domestic violence, European Court of Human Rights (ECtHR) attributed to the pandemic, continued. Few concluded its consideration of Montenegro’s criminal prosecutions took place and shelter failure to provide justice to relatives of capacity remained inadequate. Bosniak refugees transferred in 1992 by DISCRIMINATION Montenegrin police to Bosnian Serb forces and subsequently murdered. In June the Council of Europe warned of The Minister of Justice and Human Rights growing ethnic division. Montenegrins and was dismissed in June for refusing to accept Serbs were prosecuted for inciting ethnic a government resolution recognizing the hatred. Albanians and Bosniaks claimed that Srebrenica genocide. Covid-19 measures to close cafes in Tuzi TORTURE AND OTHER ILL-TREATMENT were discriminatory. In November Bosniak activist Sabina Talović was injured in a The ECtHR awarded €7,500 to both Momčilo racially-motivated attack. Baranin and Branimir Vukčević, finding that Around 30% of Roma and Egyptians living their ill-treatment by police during anti- in Podgorica did not receive Covid-19-related government protests in October 2015 had not social and economic assistance. Bijelo Polje been effectively investigated. However, the municipality failed to provide adequate ECtHR considered Milorad Martinović’s alternative housing to 26 Roma families in complaint terminated, as Montenegro had advance of road-widening, instead offering an prosecuted two police officers and awarded inadequate payment to leave. The authorities compensation. Video footage showed failed to assist undocumented Roma and Martinović being attacked by around 20 Egyptians at risk of statelessness. unidentified riot police. In July, police wearing balaclavas and without visible identification LGBTI PEOPLE’S RIGHTS were again filmed ill-treating an individual. In March, two women were the first of five FREEDOM OF EXPRESSION couples to be married under the Law on Life Partnership of Same-Sex Partners. In March, In April, police and prosecutors participated a transgender member of LGBT Forum for the first time in the Commission for Progress was attacked by unknown assailants Monitoring Violence against the Media. and seriously injured. In December parliament adopted amendments to the Criminal Code strengthening protection for journalists and media workers. Twenty-five journalists reported physical or verbal attacks, including death threats. FREEDOM OF RELIGION AND BELIEF In September, former government supporters and others attempted to prevent the enthronement of the new head of the Serbian Amnesty International Report 2021/22 257

still not access Western Sahara and Polisario MOROCCO/ camps. On 21 October, the government announced WESTERN SAHARA that a vaccine pass would be necessary to enter places of work, restaurants and for all Kingdom of Morocco travel inside and outside of Morocco. The Head of state: Mohamed VI union of café and restaurant owners, the Head of government: Aziz Akhannouch (replaced Saad- lawyers’ union and some rights organizations Eddine El Othmani in October) criticized the move, saying the pass was unconstitutional, arbitrary or a danger to the The authorities continued to use the 2020 economy. Protests against the decision were health emergency decree-law to arbitrarily held across Morocco on 31 October. restrict freedom of expression and Between January and December, the king assembly, including of journalists, activists issued royal pardons affecting 4,127 and workers. The authorities continued to prisoners. violate the rights of pro-independence In September, Algeria cut diplomatic ties Sahrawi activists through arbitrary house with Morocco. arrests, ill-treatment and harassment. The FREEDOM OF EXPRESSION AND government introduced a Covid-19 vaccine ASSOCIATION pass necessary for anyone to enter their places of work, public and private Human rights defenders, journalists, social administrations, restaurants and to travel media users, academics and activists inside and outside Morocco. Protests continued to face repression of the legitimate against the pass were held in several cities exercise of their freedom of expression. At and were met by force at least once. The least seven were arrested and/or prosecuted Feminist Action Union recorded monthly for freedom of expression-related offences. increases in domestic violence cases in On 23 March, academic and human rights almost every city in Morocco. Parliament defender Maati Monjib was provisionally passed a new law that allows for gender released from El Arajat prison near the capital reassignment for those born Rabat. In October, he was prevented from “hermaphrodites”, which was criticized by travelling to France for a medical LGBTI communities for its vagueness and appointment and to see his family, due to an lack of reference to transgender people. arbitrary travel ban imposed since October Migrants and asylum seekers were 2020. arbitrarily detained and, in areas close to In July, Omar Radi, an independent border crossings, the authorities raided the journalist who was often critical of the lodging places of sub-Saharan nationals, authorities, was sentenced to six years in sometimes burning their belongings or prison on charges of espionage and rape forcibly evicting them. after a trial that did not meet international fair BACKGROUND trial standards. Among other things, he was denied the right to see and challenge each Government measures to support the piece of evidence used against him. economy during the second year of the In September, the Marrakesh Court of First pandemic included compensating those who Instance sentenced Jamila Saadane to three could not work, although this only applied to months in prison for videos she posted on those in formal jobs. YouTube accusing the Moroccan authorities In October, the UN Mission for the of covering up prostitution networks and Referendum in Western Sahara (MINURSO) human trafficking in Marrakesh. She was was renewed, but still lacked a human rights convicted of “insulting institutions” and mandate. Human rights organizations could “spreading false information”. Amnesty International Report 2021/22 258

The Moroccan authorities continued to status” and “offending public officials”. Their 1 violate the rights of pro-independence trial was ongoing at the end of the year. Sahrawi activists throughout the year, through In July, Noureddine Aouaj, an activist and ill-treatment, arrests and harassment. In May, human rights campaigner, was sentenced to the authorities arrested Essabi Yahdih, a two years’ imprisonment. He was arrested in Sahrawi journalist and director of the online June after joining a peaceful rally supporting Algargarat Media company, at his workplace jailed journalists Omar Radi and Suleiman in Western Sahara. They interrogated him Raissouni, and charged with “insulting about his journalistic work and accused him constitutional institutions, principles and of filming military barracks in Dakhla, a city in symbols of the kingdom”, “denouncing Western Sahara. On 29 July, he was fictitious crimes” and “undermining judicial sentenced to one year in prison and a fine. In authority”. Dakhla prison he was denied medical TORTURE AND OTHER ILL-TREATMENT attention for pre-existing hearing and sight conditions. Some prisoners were held in harsh RIGHT TO PRIVACY conditions, including prolonged and indefinite solitary confinement, in violation of In July, together with the coalition Forbidden the prohibition of torture and other ill- Stories, Amnesty International revealed that treatment. NSO Group’s Pegasus surveillance spyware Suleiman Raissouni, a journalist and editor was used extensively by the Moroccan of Akhbar Al Yaoum newspaper, remained in authorities. Journalists, activists and political solitary confinement since his imprisonment figures of French and Moroccan origin had in May 2020. He staged a 118-day hunger been targeted with the spyware. The devices strike from 8 April to protest against his of Hicham Mansouri, a Moroccan journalist solitary confinement. living in exile in France; Claude Mangin, the Mohamed Lamine Haddi, sentenced in partner of Naama Asfari, a Sahraoui activist connection with the Gdeim Izik protest, who is imprisoned in Morocco; and Mahjoub continued to be held in solitary confinement Maliha, a Sahraoui human rights defender, since 2017. In March, prison guards ended were infected with Pegasus software in his hunger strike held in protest at his ill- violation of their rights to privacy and freedom treatment by force-feeding him, which of expression. amounts to torture under international law. FREEDOM OF ASSEMBLY Members of the security forces raided the house of Sahrawi activist Sultana Khaya in On at least four occasions, the authorities Boujdour at least three times in 2021. She repressed peaceful protests demanding said that during a raid in May, members of improved working conditions and used the the security forces beat her and tried to rape health emergency decree-law to suppress her with batons, and attacked and raped her workers’ grievances. sister. On 15 November, members of the In April, police arbitrarily arrested 33 security forces broke into her house and teachers who were protesting peacefully in raped her and sexually abused her two 2 Rabat against education policies they sisters and 80-year-old mother. deemed harmful for public education and RIGHT TO HEALTH forcibly dispersed the protesters even though they were respecting Covid-19 safety In May, the Independent Syndicate of Public measures such as social distancing. The Sector Doctors held a 48-hour national strike, teachers were provisionally released after 48 excluding emergency services, to protest at hours but were still facing charges of the authorities’ inaction to their long-standing “incitement to unarmed gathering without an demands for improved pay and working authorization”, “breaching health emergency Amnesty International Report 2021/22 259

conditions and better resourced public In July, parliament passed Article 28 of the hospitals. 36.21 Civil Status Bill, which states that the By the end of the year, Morocco had fully gender assigned to “hermaphrodite” vaccinated about 67% of the country’s newborns can be changed later in life. While population against Covid-19. billed as an advancement in LGBTI rights in Morocco, the amendment was criticized by WOMEN’S AND GIRLS’ RIGHTS trans rights organizations who said they had A national pandemic fund was created in not been consulted and that many find the 2020 to compensate those forced to leave term “hermaphrodite” offensive. work. However, Moroccan NGO the Feminist Furthermore, the law continues to assign Action Union found that women were less intersex people to either male or female able than men to benefit from the scheme as genders, does not extend to allowing they are less likely to be in regular work transgender people to transition and focuses Implementation of the 2018 Law 103-13 for on the appearance of genitals without the prevention of violence against women reference to chromosomes or hormones. remained weak. Contrary to claims by the There remained no mention of transgender Public Prosecution Office that domestic people in law. violence cases decreased by 10% compared In February, gender non-conforming artist to previous years, the Feminist Action Union Abdelatif Nhaila was released after serving a recorded monthly increases in domestic four-month prison sentence imposed in violence cases from January to April in 2020. Police arrested him after he visited a almost every city in Morocco. police station to report death threats and In May, the Minister of Justice announced homophobic harassment he had received as that the number of child marriages had part of a widespread social media smear reduced since 2019. UN Women disputed campaign begun in April 2020, and this, saying the figures do not provide subsequently prosecuted him for “violating information on the forms of customary the state of health emergency” and “insulting marriage involving children, nor do they an official”. consider the impacts of the Covid-19 pandemic on mobility and access to public REFUGEES’ AND MIGRANTS’ RIGHTS administrations. Article 19 of the Family Code The authorities arrested and arbitrarily sets the marriage age at 18, but Articles 20 detained migrants and asylum seekers during and 21 give judges in charge of family issues the year, deporting some to their country of the right to authorize requests for child origin and expelling others to southern areas marriages. of Morocco and the Western Sahara. In areas In January, former police officer Wahiba close to border crossings or on migratory Kharchich relocated to the USA after routes to Europe, including Nador, Oujda and suffering defamation when media company Laayoune, the authorities raided the housing ChoufTV published a video alleging to show and encampments of sub-Saharan nationals, her having an extra-marital affair in sometimes burning their belongings or December 2020. She had filed a complaint in forcibly evicting them from their makeshift 2016 about sexual harassment by her boss shelters, according to the Moroccan Aziz Boumehdi, head of El Jadida police unit, Association for Human Rights. which was never followed up. In addition to refugees and migrants from sub-Saharan Africa or Middle Eastern and LGBTI PEOPLE’S RIGHTS North African countries, most of the 8,000 or Article 489 of the Penal Code continued to more individuals who crossed from Morocco criminalize consensual same-sex sexual into the Spanish enclave of Ceuta in late May relations. (see Spain entry) were Moroccans and included at least 2,000 unaccompanied Amnesty International Report 2021/22 260

children.3 Between April and May, at least Development Community (SADC), he three unidentified migrants and nine relented to the call for the deployment of Moroccan men died during attempts to reach foreign troops to the region where, by the end the Spanish enclaves of Ceuta and Melilla of the year, Mozambican, SADC and from Moroccan territory. Rwandan troops were fighting insurgents. Morocco continued to cooperate with the The “hidden debt” trial exposed, to a limited EU to prevent the irregular entry of migrants extent, the corruption scheme which drove from its territory into Europe. In June, a group the country into economic crisis, further of 15 Sudanese and Chadian asylum deepening the unpopularity of the governing seekers, including two minors, were party, the Mozambique Liberation Front. sentenced to six months in prison for VIOLATIONS OF INTERNATIONAL attempting to enter Melilla from Morocco. HUMANITARIAN LAW 1. “Morocco: Drop charges against teachers who peacefully protested Civilians were caught between three armed forces in the conflict in Cabo Delgado, in over workers’ rights”, 19 May 2. Morocco/Western Sahara: Further Information: Sahrawi Activist which more than 3,000 people have died Raped by Moroccan Forces: Sultana Khaya (Index: MDE since the conflict began. Fighters in the 29/5058/2021), 30 November armed rebel group, known locally as al- 3. “Spain/Morocco: People ‘being used as pawns’ as political games Shabaab (not thought to be related to al- turn violent”, 19 May Shabaab in Somalia) killed civilians using the most gruesome methods, looted their property, burned their homes, and kidnapped MOZAMBIQUE women and children. The Mozambican security forces abused people they were Republic of Mozambique meant to protect through harassment, Head of state and government: Filipe Jacinto Nyusi extortion, torture, enforced disappearances and extrajudicial killings. The Dyck Advisory The armed group known locally as al- Group, a private military company hired by Shabaab, government security forces and the government as a rapid reaction force, private military operatives continued to fired machine guns and dropped explosives commit war crimes and other serious indiscriminately from helicopters, often failing human rights violations. The authorities to distinguish between civilian and military mishandled the humanitarian crisis in Cabo targets. The death toll continued to rise 1 Delgado, seriously undermining rights to throughout the year. food, water, education, housing and health. INTERNALLY DISPLACED PEOPLE’S Violence against women and girls continued RIGHTS unchecked. Expectant mothers were treated inhumanely, and were beaten, insulted and Nearly 1 million people (primarily women, humiliated in public maternity wards. The children and older people) were internally authorities stifled activity within civic space displaced in the homes of families and through intimidation, harassment and friends and in camps in relatively secure threats against civil society activists and settlements in the south of Cabo Delgado journalists. province, where they lacked adequate access BACKGROUND to food, water, education, health and housing. Food scarcity primarily affected The armed conflict in Cabo Delgado province women and children, putting their health at remained the most critical issue, with risk. The authorities responsible for food aid President Nyusi facing criticism about his distribution demanded sexual favours from mishandling of the conflict. Under mounting displaced women in exchange for pressure from the Southern African registration, documentation and food aid. The Amnesty International Report 2021/22 261

displaced people settled in locations without and midwives in some public maternity adequate water and sanitation in wards. Pregnant women dreaded the overcrowded dwellings without privacy or prospect of delivering their babies in public proper ventilation, putting their health at risk. hospitals and clinics due to obstetric The settlements offered few health and violence. The abuse often took place at night education services, and large numbers of in the absence of staff supervisors. children did not attend school. Significant numbers of women who had VIOLENCE AGAINST WOMEN AND GIRLS delivered babies in maternity wards said they were expected to pay bribes to midwives and Violence against women and girls remained nurses to be treated with respect and dignity. rampant, with few measures taken to hold When they failed to do so, they were left perpetrators accountable. Although such unattended as their waters broke and at the violence was prevalent prior to the Covid-19 point of their baby’s birth, forcing them to outbreak, it was, according to local women negotiate the payment of bribes at the height human rights defenders and organizations, of their fear and physical pain. Despite further aggravated during the restrictive repeated calls by women’s rights groups, the measures taken to control the virus.2 Mozambican authorities made no apparent In June, revelations emerged that, for years, attempts to address the problem by bringing the wardens of the Ndlavela Women’s Prison perpetrators to justice or compensating the in Maputo province had created an elaborate survivors. scheme for sexual abuse and exploitation of FREEDOM OF EXPRESSION, prisoners. ASSOCIATION AND ASSEMBLY In March, in Beira, Sofala province, a man brutally killed his wife with an iron bar, The authorities restricted activity within civic alleging that she had been drinking beer with space. On various occasions the police a male neighbour. In April, in Balama, Cabo prevented activists from exercising their civic Delgado province, a man beat his wife to rights, including their right to peaceful death because he suspected she had had an assembly. affair. In Nampula province, in July, a man In May, the police dispersed students who tied up his wife, poured petrol on her and set were peacefully protesting against a new law fire to her because he suspected her of giving parliamentary workers benefits which infidelity; and in September, a school janitor the protesters considered to be excessive. In sexually assaulted a 16-year-old girl on her June, they prevented activists from the way to school, after threatening her with Centre for Democracy and Development from physical violence. In all these cases the submitting a list of their concerns to the perpetrators remained in police custody. In Administrative Tribunal. The activists were August, a human resources manager at a protesting at the construction of urban toll primary school in Murrupula district, gates on the Maputo circular road. In Nampula province, was found sexually September, police officers beat and arbitrarily assaulting a 14-year-old schoolgirl with arrested six journalists in Nampula province autism. The police dismissed the case, for covering a peaceful protest against forcing the girl’s family to take the case to the government delays in paying Covid-19 district Public Prosecutor, who assigned the subsidies. In October, the police prevented case to the investigative police unit. medical doctors from peacefully protesting in SEXUAL AND REPRODUCTIVE RIGHTS solidarity with another doctor who was among a group of people who had been abducted. Local women’s organizations heard The mayor of Maputo claimed that he had testimonies from dozens of women who not authorized the event, even though the described being subjected to physical constitution requires organizers only to aggression, insults and humiliation by nurses inform, not ask permission from, the Amnesty International Report 2021/22 262

authorities four days ahead of any planned protests, and public and private sector gathering. employees participated in a mass civil disobedience movement. 1. “What I Saw Is Death”: War Crimes in Mozambique’s Forgotten Cape The Committee Representing Pyidaungsu (Index: AFR 41/3545/2021), 2 March Hluttaw (CRPH), a group of NLD-led elected 2. “Treated Like Furniture”: Gender-Based Violence and Covid-19 members of Myanmar’s parliament, formed a Response in Southern Africa (Index: AFR 03/3418/2021), 9 February National Unity Government. It was led by Duwa Lashi La as acting president in place of the imprisoned U Win Myint. The National MYANMAR Unity Government, which also included some representatives of ethnic minority groups, Republic of the Union of Myanmar was declared a terrorist group by the military. Head of state: Myint Swe (replaced U Win Myint in On 5 May, the National Unity Government February) announced the establishment of the People’s Head of government: Min Aung Hlaing (from August) Defence Force (PDF) to counter SAC “violence against the public and its military The human rights situation deteriorated offensives”. On 7 September, the National dramatically after a military coup in Unity Government declared a “people’s February. Security forces killed over 1,000 defensive war”, which was followed by people and detained many thousands of escalating violence throughout Myanmar. others who opposed the military takeover. Fighting between the military government’s Widespread torture of detainees was forces and ethnic armed organizations reported. Armed conflict, including (EAOs) also escalated. indiscriminate attacks and attacks against REPRESSION OF DISSENT civilians and civilian objects by the military, forcibly displaced tens of thousands of The military government violently cracked people. Similar vast numbers remained down on those who opposed its February displaced as result of past conflict or coup, widely using rubber bullets, tear gas, violence. People in areas affected by armed water cannons, live rounds of ammunition conflict lacked basic services, and in some and other lethal force against protesters. areas the military blocked the delivery of According to the NGO Assistance Association humanitarian aid. Women and girls were for Political Prisoners (Burma) (AAPP), as of subjected to sexual violence by the military. 31 December the military government’s Children were denied the right to education. security forces had killed at least 1,384 Dozens of people were sentenced to death people, including 91 children, and arrested by military tribunals in their absence. 11,289. BACKGROUND Those killed included protesters and bystanders. On 10 March, after examining The military staged a coup on 1 February and more than 50 video clips of the ongoing arrested State Counsellor Aung San Suu Kyi crackdown, Amnesty International concluded and President U Win Myint, along with other that the military had used lethal tactics and senior leaders from the ruling National weapons appropriate only for battlefield use League for Democracy (NLD). The military against peaceful protesters in cities and formed the State Administrative Council towns across the country.1 On 2 May, for (SAC) to govern the country led by General example, there were reports of security forces Min Aung Hlaing, who was also appointed as throwing grenades into a crowd of protesters prime minster when the role was re- in northern Kachin State. Soldiers were also established in August. witnessed indiscriminately firing live Following the military takeover, thousands of ammunition in urban areas on multiple people throughout the country took part in occasions. Amnesty International Report 2021/22 263

Thousands of doctors and other healthcare communications, including those concerning workers joined the protests and refused to human rights violations committed by work under the military government, although security forces, as well as negatively many provided medical care to injured impacting humanitarian operations. protesters and to Covid-19 and other patients The military authorities closed at least five outside state hospitals. As of 31 December, independent news publications and revoked at least 12 health workers had been killed, the licences of eight media outlets. At least and 86 remained in detention. 98 journalists were arrested following the The military authorities also attacked trade coup, including three foreign journalists. One unionists, workers and civil servants who journalist, Ko Soe Naing, died while in joined protests demanding a return to custody. democracy. Workers were intimidated and At the end of the year, at least 46 journalists threatened into returning to work, and trade and other media workers remained in union leaders and workers were among those detention. This included 13 who had been arrested and killed. convicted and sentenced to terms of FREEDOM OF EXPRESSION AND imprisonment. ASSOCIATION In early December, a court sentenced Aung San Suu Kyi to four years’ imprisonment, The military government announced later reduced to two, on bogus charges of amendments to the Penal Code that inciting dissent and breaking Covid-19 rules. criminalized both the intent to criticize and Verdicts in relation to other charges against actual criticism of government actions. These Aung San Suu Kyi were postponed.2 included the addition of Section 505(a) which TORTURE AND OTHER ILL-TREATMENT criminalized comments that “cause fear” and spread “false news”, as well as criminalizing According to the AAPP, at least 8,338 of individuals “committing or agitating, directly those arrested since 1 February remained in or indirectly, a criminal offense against a detention as of 31 December, including 196 government employee”. As of 31 December, children. In addition to journalists, these 189 people had been convicted under included NLD party members and their Section 505(a). According to AAPP, at least relatives, peaceful protesters, members of the another 1,143 detained individuals were civil disobedience movement and other awaiting sentencing and warrants for 1,545 activists, as well as bystanders. Relatives who others had been issued, including under were able to visit family members in Section 505(a) which carries a sentence of detention reported seeing physical injuries up to three years’ imprisonment. and other signs of torture or ill-treatment. The New provisions were also introduced in the UN also documented the widespread use of Criminal Procedure Code to allow searches, torture by security forces against detainees, seizures, arrests, surveillance and in some cases resulting in death. interception of communications to take place Sexual violence and threats of sexual without warrants. violence by the security forces against The military authorities periodically imposed women, girls and in some instances men nationwide internet and telecommunications arrested during protests, were documented shutdowns, violating the right to freedom of by the UN and others, including in the expression. In areas where there were context of interrogations. Detained LGBTI military operations, such as in Hpakant people who participated in the protests, often township in Kachin State, Chin State and the under rainbow flags, were also reported to regions of Sagaing, Magway and Mandalay, have been subjected to torture including internet and WiFi services were suspended sexual violence. and, in some instances, mobile phone networks cut. This severely obstructed Amnesty International Report 2021/22 264

ATTACKS ON CIVILIANS There were reports of rape and other sexual The military used its “Four Cuts” strategy to violence by the military against women and cut off EAOs and People’s Defence Force children in conflict-affected areas. According (PDF) units from funding, food, intelligence to media reports, soldiers gang-raped a and recruits with devastating consequences woman in front of her husband during a for civilians. The military launched air strikes, military raid in Aklui village close to Tedim shelling and arson attacks against towns and township in Chin State in November. The villages in the ethnic states of Kayah, Kayin, victim’s pregnant sister, who lived in the Kachin and Chin, and in the regions of same village, was also reportedly raped. Sagaing, Magway and Thanintharyi. The UN According to the same source, the military Special Rapporteur on the situation of human also raped a 62-year-old woman in Kutkai rights in Myanmar reported that, as of township, northern Shan State. September, 200,000 people had been INTERNALLY DISPLACED PEOPLES’ forcibly displaced in a bid to escape attacks RIGHTS by the military. In May, following assaults by a newly formed As of 9 December, indiscriminate attacks and PDF unit, the Chinland Defence Force (CDF), attacks directed against civilians and civilian the military laid siege to the town of Mindat in objects, primarily by the military, and fighting Chin State using heavy artillery fire and between the military, EAOs and PDFs, had cutting off essential services. According to displaced more than 284,700 people, the UN, around 15 villagers, including a including over 76,000 children. pregnant woman, were used by the military Around 336,000 people were already as human shields and others were trapped internally displaced prior to the military without water or electricity. As clashes takeover. These included 130,000 people between the military and the CDF escalated living in camps in Kachin, northern Shan in October, there were also reports of arson State and parts of the south-east, and more attacks by the military. In the town of than 90,000 people in Rakhine and Chin Thantlang alone, at least 160 houses and states displaced by fighting between the four churches were reportedly destroyed in Arakan Army and the military before late October. hostilities between them ceased in November From May to November, the military 2020. There were concerns about lack of launched retaliatory attacks on villages in humanitarian access to many of the sites in Kayah and Southern Shan states in response which they were living. to attacks by the Karenni Nationalities At least 126,000 Rohingya Muslims Defence Force, a joint PDF and EAO force, remained effectively interned in camps in on police and military facilities in Demoso Rakhine State since violence in 2012. After and Loikaw townships in Kayah State and the coup, local authorities reinstated a Pekon townships in southern Shan State. At directive that further restricted the freedom of least 55 civilians were killed and churches movement of Rohingya communities living in reportedly destroyed during successive northern Rakhine. These communities military attacks in these areas. continued to have very limited access to In December, reports of the killing by the basic services, including healthcare and military of at least 35 civilians in eastern education. The rapidly deteriorating human Kayah State, including four children and two rights situation in Myanmar failed to provide humanitarian workers from Save the an enabling environment for voluntary Children, prompted condemnation by the UN repatriations of Rohingya refugees in Security Council and renewed calls for a Bangladesh who fled atrocities in Rakhine global arms embargo on the Myanmar State in 2016 and 2017. military government. Amnesty International Report 2021/22 265

DENIAL OF HUMANITARIAN ACCESS opened fire to disperse people queuing for The military authorities restricted oxygen cylinders in Yangon. humanitarian access to internally displaced Women and girls faced difficulties in people in Kayah, Chin and Shan states. accessing sexual and reproductive There were reports of roads being blocked healthcare, especially in armed conflict and aid convoys being turned back by the areas. There were reports of displaced soldiers. In June, the military destroyed an women giving birth without access to basic ambulance and burned stockpiles of rice and medical services. In several reported cases in medicine intended for displaced people in Kayah and Shan states, newborn babies of Pekon township, Shan State.3 In other areas, displaced families died due to lack of including Kachin and Rakhine states, the adequate healthcare and shelter. military authorities imposed additional RIGHT TO EDUCATION requirements on humanitarian organizations in order to obtain travel authorizations that Almost 12 million children and young people severely delayed the delivery of aid to had no access to formal education due to the vulnerable populations. combination of Covid-19-related school, ABUSES BY ARMED GROUPS college and university closures, armed conflict and the actions of the military In July and September, fighting erupted authorities. Teachers who participated in the between the Restoration Council of Shan civil disobedience movement were among State, the Shan State Army-North, and the those arrested and at least 139 teachers had Ta’ang National Liberation Army, three EAOs been detained as of the end of November. in Shan State. These groups reportedly Schools and other educational facilities were abducted villagers and subjected them to bombed or otherwise attacked by unknown forced labour. actors. In May alone, at least 103 such RIGHT TO HEALTH attacks were reported. The military occupied schools and university campuses across The health system effectively collapsed in the Myanmar. aftermath of the military takeover as health DEATH PENALTY workers joined the civil disobedience movement and a third wave of Covid-19 hit Military courts sentenced dozens of people, the country. Health workers clandestinely including several children, to death after providing medical care, including to injured unfair trials. Many were tried in their protesters, were attacked and arrested by the absence. security forces. According to the WHO, more than 286 attacks on healthcare facilities and 1. “Myanmar: Vast arsenal and notorious troops deployed during personnel took place during the year, nationwide ‘killing spree’ protest crackdown”, 11 March accounting for over one third of attacks on 2. “Myanmar: Unbridled destruction of freedoms as Aung San Suu Kyi healthcare globally. The majority of attacks sentenced”, 6 December were attributed to the military, although bomb 3. “Myanmar: After coup, Myanmar military puts chokehold on people’s attacks by unknown assailants against basic needs”, 17 December military-run hospitals were also reported. At least 26 health workers were killed and 64 injured during the year. NAMIBIA The military government further undermined the Covid-19 response by Republic of Namibia confiscating personal protective equipment Head of state and government: Hage Geingob and already severely limited oxygen supplies in Chin, Kayin and Yangon for use by the Police repeatedly used excessive force. The military. In July security forces reportedly use of prolonged and indefinite pre-trial Amnesty International Report 2021/22 266

detention was exacerbated under Covid-19 was subjected to transphobic harassment restrictions. Gender-based violence while in custody. remained widespread and LGBTI people ECONOMIC, SOCIAL AND CULTURAL faced discrimination. There was a shortage RIGHTS of Covid-19 vaccine supplies. Oil and gas exploration threatened the environment and RIGHT TO HEALTH Indigenous peoples’ livelihoods. A In July, Namibia experienced a third wave of commission recommended that the Covid-19 infections, exacerbated by government enact legislation to protect insufficient vaccine supplies and slow ancestral land rights. The president was vaccine uptake. During the pandemic, implicated in corruption allegations. access to sexual and reproductive health EXCESSIVE USE OF FORCE services was further disrupted. RIGHT TO ANCESTRAL LANDS In April, a man with disabilities was assaulted In January, the Commission of Inquiry into by police officers before he and his sister-in- Claims of Ancestral Land Rights and law were arrested for violating Covid-19 Restitution published a report supporting the curfew regulations in Khorixas town. In June, restitution of ancestral land rights. The a police officer shot and injured three pre- commission concluded that land claims trial detainees at Rundu police station. In demanded by groups and individuals as August, a police officer shot and killed two restitution fell under the broader concept of people, including a police officer, in Lüderitz reparations under international and human town. rights law. In light of this, it recommended that parliament enact an ancestral land rights DETAINEES’ RIGHTS claim and restitution law within the next two The use of prolonged and indefinite pre-trial years, on condition that the process and its detention was exacerbated as a result of outcome be consistent with constitutional, Covid-19 restrictions. Several detainees had international and human rights law. their hearings postponed as correctional ENVIRONMENTAL DEGRADATION authorities imposed a lockdown in prisons; In August, UNESCO’s World Heritage conditions in detention centres and police Committee registered its concern about oil holding cells remained poor. exploration licences being granted in DISCRIMINATION environmentally sensitive areas in the Kavango river basin, in north-eastern WOMEN’S AND GIRLS’ RIGHTS Namibia, to Canadian-based mining The tier four Covid-19 lockdown made life company ReconAfrica. This followed the especially difficult for those women and girls government’s confirmation that drilling who were forced to self-isolate with their operations had been successfully concluded abusers. In February, the Chief Justice on the 6-1 well. Environmental activists and announced that domestic violence court local people organized several petitions and cases had increased sharply in 2020. Child other protests against drilling during the year, marriage persisted and in January it was but drilling continued. The operations reported that a four-year-old’s parents had threatened the fragile environment and the married her to a 25-year-old man when she livelihoods of local Indigenous peoples. was only two. IMPUNITY LGBTI PEOPLE’S RIGHTS LGBTI people remained subject to In April, the president was implicated in widespread discrimination. In April, a allegations of corruption involving the transgender woman was accused by police of country’s lucrative fishing industry. Officials faking her identity to avoid prosecution and were accused of engaging in corrupt practices for which they enjoyed impunity. Amnesty International Report 2021/22 267

particularly targeted those critical of the NEPAL government and of the leaders of the ruling party. Federal Democratic Republic of Nepal In February, the Ministry of Communication Head of state: Bidya Devi Bhandari and Information Technology drafted social Head of government: Sher Bahadur Deuba (replaced media guidelines that would give the Khadga Prasad Sharma Oli in July) government sweeping powers to regulate social media content and criminalize users’ Federal legislation limiting the rights to activities, including the ability to hold people freedom of expression and privacy remained liable for liking, sharing and commenting on pending, while provincial governments posts. Several bills threatening the rights to drafted new bills threatening media freedom of expression and privacy remained freedom. Protesters were detained and pending in the federal parliament, and the security forces continued to use provincial governments in Bagmati, Gandaki unnecessary and excessive force to disperse and Lumbini provinces drafted bills that protests. The government failed to deliver would limit freedom of expression, especially justice, truth and reparations to victims of media freedom. the 1996-2006 conflict. Thousands died of In May, the Office of the Registrar of the Covid-19 amid a severe shortage of vital Supreme Court summoned two journalists, infrastructure and lack of an adequate pressuring them to divulge their sources and response by the government. Gender-based to apologize for reporting on an alleged discrimination continued in law and meeting between Prime Minister Oli and practice. The authorities failed to carry out Chief Justice Cholendra Shumsher Rana. credible and independent investigations In June, 20 civil society leaders were into several deaths in custody, mostly of arrested while peacefully protesting against people from marginalized communities. political interference in the Medical BACKGROUND Education Commission. In October, police detained 13 activists who Amid disputes within the ruling party, Prime were peacefully demanding impartial Minister Oli dissolved the lower house of the investigations into the death of one woman parliament in May. Calling it an and the disappearance of another in Banke “unconstitutional move”, in July the Supreme district. Ruby Khan, one of the protesters, Court reinstated the dissolved lower house was detained by police on trumped-up and ordered the appointment of Sher charges of “polygamy” before the Supreme Bahadur Deuba as the new prime minister. Court ordered her release. In October, unseasonal rainfall linked to Also in October, four men died when climate change led to floods and landslides, security forces opened fire to evict protesters resulting in more than 100 deaths and in Rupandehi district. displacing more than 1,100 families. The RIGHT TO TRUTH, JUSTICE AND rains affected farmers’ livelihoods and REPARATION threatened food security, destroying more than 325,000 tonnes of paddy crops, the The government continued to fail to deliver highest losses on record. The government’s truth, justice and reparations to tens of mitigation and relief support was inadequate. thousands of victims of crimes under FREEDOM OF EXPRESSION AND international law and other grave human ASSEMBLY rights violations committed during the 1996-2006 conflict. The Truth and The authorities continued to use the Reconciliation Commission and the Electronic Transactions Act 2006 to arbitrarily Commission of Investigation on Enforced detain individuals, including journalists. They Disappeared Persons, which had respectively Amnesty International Report 2021/22 268

collected more than 60,000 and 3,000 Sunsari and Kailali District Police Offices complaints from victims, failed to resolve a respectively. single case. By the end of the year, the The government failed to implement the government had still not amended the National Human Rights Commission’s Investigation of the Enforced Disappeared (NHRC) recommendations to hold those Persons, Truth and Reconciliation responsible for human rights violations to Commission Act of 2014, as ordered by the account. In July, the government promoted a Supreme Court in 2014 and 2015, to bring it police officer whom the NHRC had in line with Nepali and international human recommended for prosecution over an rights standards. In July, the government extrajudicial killing. extended the terms of the two Commissions. RIGHT TO HEALTH INDIGENOUS PEOPLES’ RIGHTS The government failed to reform the National The second wave of Covid-19, which began Parks and Wildlife Conservation Act 1973, in April, caused the collapse of the country’s which does not meet international standards. fragile healthcare system, resulting in more Indigenous people, evicted from their than 7,000 deaths. The situation was ancestral lands during the establishment of exacerbated by a severe shortage of national parks and conservation areas, vaccines, medical facilities and vital hospital remained landless and continued to live in supplies including oxygen, ventilators and informal settlements facing risks of further other life-saving medical equipment, and a forced evictions. The authorities failed to lack of adequate preparation by the allow their return, or provide them with government. People from marginalized alternative land and livelihoods, groups such as Dalits and people living in compensation, or access to protected areas poverty, including daily wage earners, were for fishing, grazing and gathering food, also hit by the worsening socio-economic medicinal herbs and firewood. Farmers situation resulting from the pandemic and whose lands came within the boundary of the related restrictions. Bardiya National Park as a result of the TORTURE AND OTHER ILL-TREATMENT Geruwa river changing its course continued to be denied access to their lands some three Torture and other ill-treatment were decades later. widespread in pretrial detention to extract GENDER-BASED DISCRIMINATION “confessions” and intimidate detainees. By the end of the year, there had yet to be any Gender-based discrimination continued and convictions under the 2017 Criminal Code, the government did not reform constitutional which criminalized these practices. provisions which denied women equal Several deaths in custody were reported citizenship rights. The restrictive provision for during the year – mostly of detainees from statutory limitations for rape in the Criminal marginalized Dalit and Madhesi Code continued to allow impunity for communities. No independent investigations perpetrators. were carried out. In February, the Department of Immigration In July, Paltu Ravidas was found dead in the proposed introducing a policy requiring toilet of the Dhanusha District Police Office women below the age of 40 to obtain after being detained by police. In August, a permission from their families and a police officer on duty at the time of Paltu recommendation from the local government Ravidas’ death was suspended for six before travelling internationally. Following months. In September, Bhim Kamat died in widespread public backlash, the Department the custody of Morang District Police. In of Immigration issued a clarification stating October, Mohammad Hakim Sah and Dhan that the provision, which had been suggested Bahadur Rana died in the custody of the to prevent trafficking, would only apply to Amnesty International Report 2021/22 269

women travelling to the Gulf and African suggestion that the bill may not be states for the first time. The policy had not implemented until 2024. come into force by the end of the year. DISCRIMINATION ALGORITHMS NETHERLANDS The tax authorities were exposed as utilizing a discriminatory algorithmic system to detect Kingdom of the Netherlands inaccurate and potentially fraudulent Head of state: Willem-Alexander applications for childcare benefits. Tens of Head of government: Mark Rutte thousands of people were falsely accused of fraud and were compelled to repay large Legislation excluding certain documents as sums of money. This led to devastating evidence in applications for international problems for the families, ranging from debt protection was ruled in violation of EU law. and unemployment to forced evictions and A new bill defining all forms of involuntary health issues. In particular, people with a sexual penetration as rape was published. migrant background and from low-income The tax authorities used a discriminatory households were disproportionately affected algorithmic system to detect potential fraud as information on whether an applicant had in childcare benefits. A court ruled that Dutch nationality was used as a risk factor in border police could continue to use racial the algorithmic system and the algorithms profiling. The National Coordinator for assigned people on lower incomes a higher 2 Counterterrorism and Security was revealed risk score. as having illegally monitored activists on RACIAL PROFILING social media for years. Law enforcement agencies continued to use racial profiling, although the government REFUGEES’ AND MIGRANTS’ RIGHTS denounced the practice in principle. In In June, the European Court of Justice ruled September the District Court of The Hague that Dutch legislation – which automatically ruled that ethnicity could be used along with dismissed subsequent applications for other criteria in deciding whether to stop an protection as inadmissible when the individual against whom there was no documents submitted were not authenticated suspicion of any wrongdoing. A civil society – was not in line with EU law. This ruling coalition including Amnesty International had makes it possible for rejected applicants for filed the lawsuit seeking to challenge racial international protection to submit new profiling.3 applications, with the authorities no longer RIGHT TO PRIVACY able to refuse to examine such documents. People seeking international protection in In April, journalists revealed that the National Curaçao, one of the constituent countries of Coordinator for Counterterrorism and Security the Netherlands, were detained in inhumane had been monitoring activists on social media conditions, subjected to ill-treatment and for years. The Coordinator collected, analysed denied their right to seek protection.1 and shared their personal data without a legal VIOLENCE AGAINST WOMEN AND GIRLS basis or the activists’ consent, using fake profiles. After the revelations, the Minister of In March the Minister of Justice and Security Justice proposed a controversial and far- published a new draft of the Sexual Offences reaching bill through which the government Act which proposed that all involuntary urgently sought to continue online sexual penetration would be defined as rape. surveillance. Amnesty International urged the By year’s end the proposal had still not been ministry to address the human rights impact submitted to parliament, however, and civil of such surveillance and enshrine human society expressed concern at the minister’s rights protection in law. Amnesty International Report 2021/22 270

Reports into Auckland Women’s 1. Netherlands: Still no Safety: Venezuelans Denied Protection in Correctional Facility detailed serious human Curaçao (Index: EUR 35/4724/2021), 11 October rights concerns. In February, a District Court 2. “Netherlands: Dutch childcare benefit scandal an urgent wake-up Judge found the practice of requiring call to ban racist algorithms”, 25 October prisoners to lie down on the floor in order to 3. “Netherlands: Court allows racial profiling”, 22 September receive meals was “excessive, degrading and fundamentally inhumane”. The judge also NEW ZEALAND found the use of pepper spray against a woman alone in her cell, unarmed and faced by six officers in full body armour, to be New Zealand excessive use of force. Following this case, Head of state: Elizabeth II, represented by Cynthia Kiro the Minister of Corrections issued an official (replaced Patricia Lee Reddy in October) public apology in March and ordered a Head of government: Jacinda Ardern programme of work, largely focused on Criminal detention facilities continued to be women’s prisons. used to detain people seeking asylum. In October, a report by the Office of the Official investigations highlighted ongoing Inspectorate into women in prisons stated, concerns about conditions in detention and among other concerns, that “generally, prison facilities. Following evidence of women’s prisons are not therapeutic human rights violations in a women's environments conducive to rehabilitation and prison, the government issued an apology reintegration”. and ordered improvements. Reviews of childcare and protection services continued. CHILDREN’S RIGHTS In April, the Waitangi Tribunal reported on the REFUGEES’ AND MIGRANTS’ RIGHTS significant disparity between the number of Asylum seekers continued to be detained Māori and non-Māori children being taken solely on immigration grounds. Research into state care, and that these disparities revealed that asylum seekers experienced a were a direct consequences of Crown number of human rights violations while intrusion. The Tribunal recommended that 1 detained. In July, the government “the Crown steps back from further intrusion announced an independent review into the into what was reserved to Māori under Te practice of detaining asylum seekers in Tiriti [o Waitangi] / the Treaty [of Waitangi], criminal detention facilities solely on and allow Māori to reclaim their space”. immigration grounds. In June, the Office of the Children’s Commissioner released reports raising DETAINEES’ RIGHTS serious concerns about the safety and well- Prisoners at a high security facility at being of children in the Epuni childcare and Waikeria Prison held a protest which ended protection residence. in January. The detention conditions in this prison had caused concern for many years. 1. Aotearoa New Zealand: Please Take Me to a Safe Place: The In May, the Chief Ombudsman announced Imprisonment of Asylum Seekers in Aotearoa New Zealand (Index: ASA an investigation into the Department of 32/4113/2021), 18 May Corrections’ response to repeated calls for reform to improve conditions for detainees. In June, the Office of the Ombudsman published inspection reports of Christchurch Men’s Prison and Whanganui Prison highlighting the “undignified and barren conditions of prisons”. Amnesty International Report 2021/22 271

The newspaper La Prensa was raided and NICARAGUA its property seized in August. The general manager was detained on money laundering- Republic of Nicaragua related charges. The NGO Reporters Without Head of state and government: Daniel Ortega Saavedra Borders called for his immediate release, however, he remained in jail at the end of the Nicaragua’s human rights crisis persisted. year. Journalists, human rights defenders and During the year, the hostile environment health workers continued to face a hostile and the continuous attacks by authorities environment. Political activists, human also led a number of journalists to flee the rights defenders and journalists were country. frequently arbitrarily detained. Violence HUMAN RIGHTS DEFENDERS against Indigenous peoples persisted. The government failed to provide accurate Human rights defenders and NGOs information about the Covid-19 pandemic. continued to face an extremely hostile BACKGROUND environment. During the year, the legal registration of at President Ortega’s fourth consecutive term of least 45 NGOs was rescinded. NGOs whose office was announced following elections in registration had been cancelled since 2018 November that were widely condemned by by the National Assembly were not reinstated the international community due to the and their confiscated assets were not severe restrictions on civil and political returned. rights. In November, Nicaragua denounced Human rights defenders were criminalized the OAS Charter. and arbitrarily detained; some remained held FREEDOM OF EXPRESSION at the end of the year. Women human rights defenders reported suffering police In May, authorities began a legal investigation harassment, criminalization, smear into the Violeta Barrios de Chamorro campaigns and threats. Foundation, one of the main organizations At least two human rights defenders were working on press freedom, for money charged under the Special Law on laundering-related charges. In June, the Cybercrimes and others were reportedly director of the Foundation, a presidential subjected to harassment, surveillance and hopeful, was arrested; she remained in threats. detention at the end of 2021. ARBITRARY DETENTION The headquarters of the online magazine Confidencial and the television programme Arbitrary detentions remained part of the Esta Semana were raided in May and the state strategy of repression. By December, director was forced back into exile. In June, local organizations reported that 160 people two journalists, Miguel Mora and Miguel detained solely for exercising their rights Mendoza, were arrested; they remained held since the 2018 protests started remained in at the end of the year. prison . Precarious detention conditions, ill- As of August, the Public Prosecutor's Office treatment and incommunicado detention had summoned for questioning more than 25 were reported by detainees’ relatives who media workers who had collaborated with the were unable to see them regularly. Women´s Violeta Barrios de Chamorro Foundation. rights organizations reported that some of the Several journalists reported being threatened women detained during the year were during interviews with criminal charges, arrested with violence sometimes in front of including under the Special Law on their children, and remained detained in very Cybercrime. precarious conditions. Some relatives of detainees reported harassment, including Amnesty International Report 2021/22 272

barriers to travelling abroad and criminal RIGHT TO HEALTH prosecution. In February, the OHCHR expressed concern The Inter-American Court of Human Rights about the lack of disaggregated data granted provisional measures in favour of a regarding Covid-19 infection among number of detainees and ordered their Indigenous peoples and Afro-descendant release. However, authorities failed to comply communities and of information on specific with the Court’s rulings. measures to protect them. Authorities arbitrarily detained, forcibly In August, the Pan American Health disappeared and prosecuted political Organization reported that it could not assess opponents and presidential hopefuls.1 Days the state of the pandemic in Nicaragua before and during the elections, the Inter- because of the lack of official information. American Commission on Human Rights Ignoring international guidelines from the (IACHR) received information on increased WHO, Nicaragua did not prioritize health police harassment, threats and arbitrary workers at the start of its Covid-19 detentions against opposition leaders, human vaccination programme. Some media reports rights activists, members of civil society stated that government supporters were 2 organizations and journalists. prioritized for vaccination, regardless of their 4 ENFORCED DISAPPEARANCES risk profile for Covid-19. Harassment and threats against health Between the end of May and November, workers who criticized government policies or authorities detained at least 39 people they informed the public about the pandemic considered government opponents, including continued. In July, the Vice-president publicly seven presidential hopefuls. Some were called them “fake doctors” and some were victims of enforced disappearance – their fate forced to flee the country for their own safety. or whereabouts were unknown for weeks or months.3 1. “Nicaragua: Strategy of repression in the run-up to elections continues relentlessly”, 6 July INDIGENOUS PEOPLES’ RIGHTS 2. “Nicaragua: Announcement of Ortega’s re-election augurs a terrible Local NGOs and communities reported the new cycle for human rights”, 8 November presence of and attacks by non-Indigenous 3. Nicaragua: Where Are They?: Enforced Disappearance as a Strategy of settlers on their lands. Some of the attacks Repression (Index: AMR 43/4631/2021), 25 August resulted in the deaths of Indigenous people. 4. “‘Prison, economic ruin, repression and exile’: the price Nicaragua’s During August, an attack by non-Indigenous health workers pay for doing their jobs”, 14 September settlers against a community in the Mayangna Sauni As territory resulted in the deaths of at least nine Indigenous people. NIGER In September, the IACHR detailed a number of reports of Indigenous communities on the Republic of Niger northern Caribbean coast being the victims of Head of state: Mohamed Bazoum (replaced kidnappings, killings, sexual assaults, threats Mahamadou Issoufou in April) and arson attacks on their homes. Head of government: Ouhoumoudou Mahamadou In October, the UN Committee on (replaced Brigi Rafini in April) Economic, Social and Cultural Rights expressed concern regarding allegations that Armed groups continued to commit human authorities had promoted the creation of rights abuses, including war crimes. The parallel governments to supplant the chosen Islamic State in the Greater Sahara representatives of Indigenous peoples. launched several attacks against civilians in Tillabéri region, while humanitarian access to communities was restricted by administrative measures. The lack of Amnesty International Report 2021/22 273

security further affected women’s and Niger, and 79% of attacks targeting civilians children’s rights, the right to education and during the first half of the year. the right to health, while the rights of In August, unidentified gunmen attacked refugees and migrants continued to be the village Darey Dey (Tillabéri region), killing violated. Internet shutdowns and other 37 people, including 14 children. violations of freedom of expression were Armed groups also destroyed state documented. infrastructure and burned granaries. BACKGROUND CHILDREN’S RIGHTS The election of President Mohamed Bazoum Children’s rights were seriously affected in in February was followed over several days by Niger due to lack of security, among other widespread protests, at times violent. factors. By September, at least 60 children Self-defence groups emerged in northern had been killed during attacks on villages by Tillabéri and eastern Tahoua (Tillia commune) ISGS and other armed groups. The Group for in response to killings by the Islamic State in the Support of Islam and Muslims (GSIM) the Greater Sahara (ISGS). recruited children in several communities in The humanitarian situation remained Torodi department (Tillabéri region). critical, due to continued situations of armed In May, an attack by a faction of the ISGS in conflict mainly in the Lake Chad and the Tillia (Tahoua region) led to mass Tillabéri regions. By December, UNHCR, the displacement and the kidnapping of four refugee agency, had established that boys. 264,257 people were internally displaced RIGHT TO EDUCATION due to the violence, along with 249,816 refugees from neighbouring countries. Armed groups including Boko Haram, the ABUSES BY ARMED GROUPS ISGS and the GSIM continued to prohibit “Western” education and to commit war The conflict in the west of Niger escalated, crimes by attacking schools, denying children with a surge of attacks by the ISGS and other the right to education. By May, around 700 armed groups against civilians mainly in the teachers were no longer at their posts in Tillaberi region. The attacks targeting civilians Tillabéri region, and by June, 377 schools or carried out indiscriminately constitute war had closed nationwide. At least 31,728 1 crimes. pupils, including 15,518 girls, were not On 2 January, the ISGS attacked the villages attending school, according to UNICEF and of Tchoma Bangou and Zaroum Darey government sources. (Tillabéri region), killing at least 103 civilians. According to UNICEF, as of June over 50% ISGS launched another attack on 15 March of children aged seven to 16 were not against traders between Banibangou and enrolled in school in Niger. Sinégodrar (Tillabéri region), resulting in 58 deaths. This was followed on 21 March by WOMEN’S AND GIRLS’ RIGHTS attacks against villagers and Malian refugees The rights of women and girls continued to in the Tillia commune (Tahoua region), in be routinely violated, particularly in the which 137 people were killed, according to context of the armed conflict. The influence the government. Among these victims, 29 of customary law meant that child marriage were children, including three girls. continued to remain prevalent. ISGS officially claimed these attacks in May, In April, members of the Chadian justifying them by the emergence of pro- contingent of the G5 Sahel threatened several government militias in these communes. women and girls and raped three of them, According to the Armed Conflict Location and including an 11-year-old girl in Tera (Tillabéri Event Data Project, ISGS was responsible for region). The soldiers were repatriated and an 66% of all deaths from organized violence in Amnesty International Report 2021/22 274

investigation was announced by the G5 the conflict. In March, the ISGS attacked Sahel. settlements inhabited by Malian refugees in GSIM and ISGS continued to restrict the Intikane (Tahoua region), killing dozens of freedom of movement of women and girls in people. the departments bordering Mali and Burkina After around 10,000 people were displaced Faso, and pressured women and girls in from the Anzourou department in Tillabéri these communities to marry. city due to attacks and threats by the ISGS, EXCESSIVE USE OF FORCE they were blackmailed by the authorities into returning to their settlements in May. In November, a French military convoy was According to humanitarian sources, the stopped in Tera by protesters challenging authorities threatened them with the denial of French military presence in the Sahel. At humanitarian aid if they stayed away. least three protesters were killed and more RIGHT TO HEALTH than 12 injured when shots were fired to disperse the crowd. An investigation was The conflict significantly undermined announced by the Nigerien authorities people’s access to healthcare in Tillabéri following the incident. region. Armed groups looted health facilities IMPUNITY and the authorities restricted movement by civilians, impeding their access to aid. The judicial authorities failed to investigate Immunization rates plummeted and diseases and prosecute the enforced disappearances such as measles were on the rise, according and extrajudicial executions by the military of to humanitarian sources. 72 civilians in Ayorou department (Tillabéri As of December, a total of 971,636 vaccine region) in March/April 2020. This was despite doses against Covid-19 had been an investigation by the National Human administered and 464,000 people had Rights Commission which concluded that the received two doses (1.9% of the population). military was responsible for these crimes. FREEDOM OF EXPRESSION AND OF DENIAL OF HUMANITARIAN ACCESS PEACEFUL ASSEMBLY Authorities imposed military escort on In reaction to post-electoral protests by the humanitarian convoys, especially in opposition in Niamey, the authorities imposed departments bordering Mali and Burkina an internet shutdown for several weeks in Faso. Convoys were sometimes turned back February/March. by the authorities citing security reasons. The authorities continued to judicially In May, a new decree was promulgated harass journalists reporting on public affairs. giving increased powers to regional Moussa Aksar, an investigative journalist and authorities in determining the conditions for editor of L’Évènement newspaper, was humanitarian access and aid delivery in convicted of defamation in May after a series departments where armed groups operated of articles from September 2020 that covered and contributed to improvements in the the misappropriation of public funds from the delivery of aid. Ministry of Defence between 2017 and 2019. In May, the UN Office for the Coordination He was fined 200,000 XOF (US$362) and of Humanitarian Affairs said that 500,000 ordered to pay 1 million XOF (US$1,810). people in Tillabéri region needed The authorities continued to target journalist humanitarian assistance. Samira Sabou after she reposted a March REFUGEES’ AND INTERNALLY report by the Global Initiative Against Transnational Organized Crime, which alleged DISPLACED PEOPLE’S RIGHTS that a drug seizure made by the authorities in The rights of refugees and internally Niger, had been returned to members of a displaced people were violated by parties to narcotics cartel a few weeks later. She was Amnesty International Report 2021/22 275

prosecuted in September for “defamation” The authorities forcibly evicted thousands and “diffusing information to disturb public of people from their homes. order” under the 2019 Cybercrime law. BACKGROUND In December, five members of the civil society organization Tournons La Page-Niger The armed groups Boko Haram and the (TLP-Niger) were arrested for illegal gathering Islamic State of West Africa Province (ISWAP) after the group organized a taxi caravan to ambushed, injured and killed many members raise awareness about the human rights of Nigeria’s security forces. At least 31 situation in Niger. All five were provisionally soldiers were killed by ISWAP on 26 April in released two days later. Mainok, Borno state. Inter-communal violence, mostly between 1. Niger: “I have nothing left except myself”: The worsening impact on herders and farming communities, as well as children of conflict in the Tillabéri region of Niger (Index: AFR attacks by bandits escalated, resulting in 43/4627/2021), 13 September more than 3,494 deaths and thousands of displacements. Over 5,290 people, including foreign nationals working on quarry sites, NIGERIA were abducted for ransom by bandits and other gunmen. More than 93 people were Federal Republic of Nigeria killed on 12 June by gunmen who attacked Head of state and government: Muhammadu Buhari Kadawa village, Zurmi Local Government Area (LGA), Zamfara state. Armed groups and the security forces Educational institutions were also targeted continued to commit crimes under by gunmen, forcing school closures in the international law and serious human rights north. At least 855 students were abducted violations in north-eastern Nigeria. Armed for ransom in seven states in 10 separate groups abducted and killed hundreds of attacks. Most of the students were freed after civilians. Government forces also carried ransoms were paid; however, some were out indiscriminate attacks against civilians killed by their abductors and others died in during counter-insurgency efforts. crossfire during attacks. Throughout the year, the Borno state Throughout the year, some nationwide governor carried out forced resettlements of Covid-19 restrictions remained in place. internally displaced people (IDPs) and VIOLATIONS OF INTERNATIONAL closures of IDP camps. More than 3,494 HUMANITARIAN LAW people died in inter-communal violence and bandit attacks, and more than 5,290 ABUSES BY ARMED GROUPS people were abducted for ransom by Armed groups, including Boko Haram and bandits and other gunmen. The rights to ISWAP, continued to commit war crimes and freedom of expression and peaceful crimes against humanity in North East assembly and association were routinely Nigeria, killing and abducting civilians, violated. Journalists and activists were looting property, and committing rape and arrested or questioned for exercising their other sexual violence against women and right to freedom of expression. Law girls. They carried out at least 30 attacks, enforcement agents used excessive force to causing more than 123 civilian deaths. disperse protests, sometimes leading to On 3 January, at least 50 people including deaths. Hundreds of people who an aid worker were abducted while travelling demonstrated against the security forces in along the Maiduguri-Damaturu way. On 23 2020 remained in detention. The right to February, at least 16 people were killed and health was undermined by the authorities 47 injured when Boko Haram fired rocket- and health workers resorted to strike action. propelled grenades on parts of Maiduguri, Borno state. Amnesty International Report 2021/22 276

Boko Haram targeted recently resettled FREEDOM OF EXPRESSION, families, killing at least eight returnees and ASSOCIATION AND ASSEMBLY injuring 14 on 30 August in Ajiri, Mafa LGA, On 4 June, the authorities suspended Twitter Borno state. after the site deleted a controversial tweet Aid workers and humanitarian facilities were from President Buhari for violating its targeted by armed groups during attacks. On community rules. President Buhari had 3 March at least seven aid workers were threatened to deal with troublemakers in abducted and their offices burnt by ISWAP in Nigeria using “the language they Dikwa LGA, Borno state. Those abducted understand,” referencing the 1967-1970 civil were released on 14 June, alongside other war in which millions of Nigerians were killed. civilians. Twitter and other social media platforms were On 11 April the UN suspended its aid then ordered to register in Nigeria and operations in Damasak, Borno state, because comply with local regulations before they are of attacks on aid workers and humanitarian licensed to operate. facilities. About 65,000 people, including At least eight people were killed on 28 internally displaced people and locals, fled September during a crackdown by security Damasak following the renewed attacks by forces on members of the Islamic Movement ISWAP in April. of Nigeria who were embarking on the SECURITY FORCES Arba’een, an annual symbolic religious trek, The Nigerian security forces intensified in the capital, Abuja. counter-insurgency operations in North East In September, the Ebonyi state government Nigeria. Gross human rights violations and signed the state Cybercrime Prohibition bill crimes under international law – including into law. In October, Godfrey Chikwere, a extrajudicial executions, enforced journalist, was arrested by the police for disappearances, arbitrary arrests and social media posts that allegedly violated the incommunicado detentions – were recorded state’s Cybercrime Prohibition Law. during the security forces’ response to threats ACTIVISTS AND PROTESTERS by Boko Haram and ISWAP. On 12 June, police fired tear gas and shot On 15 September, nine people were killed live bullets into the air to disperse protesters and several injured during a military air strike in Lagos and Abuja. in Buwari village, Yunusari LGA, Yobe state. On 4 July, activists Larry Emmanuel, Anene The military said it had hit the village Victor Udoka, Samuel Gabriel, Henry Nwodo accidentally. and Ben Mannaseh were arbitrarily arrested On 14 July, 1,009 Boko Haram suspects and detained for 30 days by Nigeria’s secret who had been detained incommunicado police, the Department of State Services were cleared and released to the Borno state (DSS). They had been beaten by private government pending resettlement. security officers at a church in Abuja for Following the death of Boko Haram leader wearing t-shirts with the slogan Abubakar Shekau on 19 May, thousands of #BuhariMustGo, and were subsequently Boko Haram members, including teenagers, handed over to the DSS. voluntarily surrendered to security forces Prisoners of conscience Agba Jalingo, alongside their families. On 28 July, one of Omoyele Sowore and Olawale Bakare the remaining Chibok schoolgirls, abducted continued to face trumped-up charges and in 2014, returned to the custody of the prolonged trials for organizing peaceful Nigerian military with her children and protests to demand good governance in husband. Another abducted Chibok Nigeria. schoolgirl returned on 14 August with her two Mubarak Bala, president of the Humanist children. Association of Nigeria, remained in detention following his arrest by Kano state Police Command officers in 2020 on allegations that Amnesty International Report 2021/22 277

he had insulted the Prophet Muhammad on TORTURE AND OTHER ILL-TREATMENT Facebook. Yahaya Sharif-Aminu, a musician, Torture and other ill-treatment remained remained in detention following a death pervasive within the criminal justice system. sentence for blasphemy handed down in The police, military and DSS continued to 2020 by the Upper Shari’a Court in Kano. subject detainees to torture, as well as other JOURNALISTS cruel, inhuman or degrading treatment. On 7 July, Nigeria’s media regulatory agency Kubiat Akpan was tortured to death within the National Broadcasting Commission asked hours of his arrest by police on 29 August in broadcast stations in Nigeria not to report the Uyo, Akwa Ibom state. details of attacks by bandits and insurgents ENFORCED DISAPPEARANCES in the country. On 12 July, media organizations in Nigeria staged a campaign In the course of the year, Amnesty tagged “Information Blackout” to protest International received credible reports that against the proposed National Press Council security agencies, including officials from the bill and the application of some parts of the police and DSS, carried out arbitrary existing National Broadcasting Commission detentions and kept detainees (Media) Act. The two pieces of legislation, incommunicado. At least 200 people – which were under consideration by the including former militants from the Niger National Assembly, threatened to tighten Delta region, members of IPOB, #EndSARS regulation and undermine access to protesters and security suspects – were information. believed to have been subjected to On 28 August the DSS summoned television unresolved enforced disappearance during hosts Chamberlain Usor and Kayode Okikiolu the year. for questioning in relation to comments made EXCESSIVE AND UNNECESSARY USE OF by Samuel Ortom, governor of Benue state, FORCE during a live interview on Channels Television. The authorities alleged that the Security agencies used excessive force to governor’s comments were “inciting, divisive disperse peaceful protests and assemblies. and unfair”. On 20 September, Davou Bulus Bashi was ARBITRARY ARRESTS AND DETENTIONS shot dead by security officials while peacefully protesting with other students of At least 300 protesters remained in detention Plateau state Polytechnic, Barkin Ladi LGA, a year after the #EndSARS protest against the against the postponement of their exams. Nigerian security forces. Kemisola Ogunniyi, On 13 February, police arrested around 20 an 18-year-old woman who gave birth during protesters at Lekki Toll Gate in Lagos after her eight-month detention, was granted bail activists staged a protest against the on 25 June. reopening of the toll gate following the killing Three Israeli film makers, Rudy Rochman, of protesters at the venue in October 2020. Noam Leibman and David Benaym, were EXTRAJUDICIAL EXECUTIONS arrested and detained by the DSS for 20 days without trial in inhumane conditions after Nigerian security forces killed at least 115 they were accused of having links with the people and committed numerous other banned group Indigenous People of Biafra human rights violations and crimes under (IPOB). international law in response to increasing Despite a court order granting her bail, violence and killings of their officers in south- Gloria Okolie remained in detention following eastern Nigeria. Their repressive campaign her arrest by the police on 17 June on also included mass arrests, excessive and suspicion of being the friend of a wanted unlawful force, and subjecting detainees to man. Her lawyers and family alleged that she torture and other ill-treatment. was ill-treated in detention. Amnesty International Report 2021/22 278

In May, DSS operatives stormed the house CHILDREN’S RIGHTS of Sunday Ighoho, a Yoruba activist, killing Access to education was limited for tens of two of his supporters and arresting 13 others. thousands of children due to the authorities’ FORCED EVICTIONS ongoing failure to protect schools from attacks by insurgents and other armed Forced evictions continued unabated despite groups. Further mass abductions of the Covid-19 pandemic. On 10 and 13 July, schoolchildren resulted in hundreds of more than 400 homes in Iddo Sarki children killed, raped, forced into community, Abuja, were demolished by staff “marriages” or forced to join Boko Haram. of the Federal Capital Development Authority Children were abducted from Kagara, and personnel from the police, army, Security Jangebe, Afaka, Kasarami, Tegina and other and Civil Defence Corps and other security communities across northern Nigeria, agents. Residents were tear-gassed by resulting in hundreds of schools being security agents. University of Abuja students closed, with serious consequences for young who were renting apartments in the people in a region already facing extreme community returned from lessons to find insecurity. their accommodation and belongings in VIOLENCE AGAINST WOMEN AND GIRLS ruins. The homes were demolished without genuine consultation with affected In August, a Federal High Court in Abuja communities, adequate written notice, or delivered judgment in favour of women who provision of alternative accommodation. were subjected to sexual and gender-based On 11 and 12 August, hundreds of houses violence by agents of the Federal Capital in Mpape community, Abuja, were Territory Administration in the so-called demolished by staff of the Federal Capital “Abuja raids”. Damages were awarded to the Territory Ministerial Committee on City survivors. The court also issued an injunction Sanitation, personnel from the police, army, restraining law enforcement agencies from Nigeria Security and Civil Defence Corps and further acts of violence against women. other security agents, without following In September, state governor Ahmad Fintiri human rights and procedural safeguards for signed the Violence Against Persons evictions. The demolitions not only violated Prohibition Bill into law in Adamawa state. In people’s right to adequate housing but also December, Imo and Cross River state negatively impacted their livelihoods. Threats governors signed into law their states’ of further forced evictions by the authorities Violence Against Persons Prohibition Bills. remained in communities across the country. The Akwa Ibom state House of Assembly passed a bill to provide free medical care for WORKERS’ RIGHTS survivors of sexual abuse. HEALTH WORKERS Lagos state governor Babajide Sanwo-Olu Resident doctors in government-owned upgraded the Lagos state Domestic and hospitals went on strike over their welfare, Sexual Violence Response Team (DSVRT) unfair remuneration, poor working conditions, into an agency. The DSVRT is charged with inadequate health infrastructure and combating sexual and domestic violence in equipment, and unpaid salaries, among other Lagos state. concerns. On 24 June, doctors in government-owned LGBTI PEOPLE’S RIGHTS hospitals in Ondo state embarked on a three- The Taraba state House of Assembly passed month industrial action. On 2 August, the Violence and Discrimination Against resident doctors embarked on a nationwide Persons Prohibition Bill (2021) into law. It industrial action which was suspended on 4 included a provision for life imprisonment for October. transgender people. Amnesty International Report 2021/22 279

INTERNALLY DISPLACED PEOPLE’S draconian restrictions were imposed, RIGHTS ostensibly to prevent the spread of Covid-19. In October, the governor of Borno state The country did not participate in the announced a plan to close all IDP camps by Olympic Games in Japan due to the 31 December. During the year, some IDP pandemic. camps in Maiduguri were forcefully closed Despite ongoing strict economic sanctions and internally displaced people were and UN prohibitions, North Korea continued resettled in areas that continued to suffer to test missiles, firing a long-range cruise attacks from Boko Haram. missile in September and submarine- DEATH PENALTY launched ballistic missiles in October. Relations with South Korea remained tense. Courts continued to issue death sentences; Serious flooding in South Hamgyong no executions were carried out. In February province in August and unusually high the Jigawa state governor signed into law a temperatures in July compounded an already bill allowing death sentences to be handed precarious food security situation. down for rape cases. The newly passed Malnutrition remained a concern. Taraba state law on Violence and FREEDOM OF MOVEMENT Discrimination Against Persons included a provision imposing the death penalty for the North Korea remained effectively sealed off rape of a child. from the outside world throughout 2021, the In July, the minister of the interior called on second consecutive year in which the state governors to sign the death warrants of government closed borders to prevent the the 3,008 prisoners awaiting execution, as spread of Covid-19. The train service part of measures to reduce prison between North Korea and China was populations nationwide. suspended both for passengers and freight. Security on North Korea’s long land border with China remained tight. An order allowing NORTH KOREA security forces to “unconditionally” shoot anyone attempting to cross the border without authorization remained in effect. Democratic People’s Republic of Korea Head of state: Kim Jong-un By the end of the year, at least 63 North Head of government: Kim Tok-hun Koreans (23 women, 40 men) had defected to South Korea, the lowest number since Freedom of movement, both internationally 2003 when official records were first made and domestically, was almost completely public. curtailed by the government’s response to Domestic travel became increasingly the Covid-19 pandemic. Widespread difficult due to Covid-19; in addition to pre- shortages of medicine and food negatively existing restrictions, special permits were affected the right to health. Other required for travelling between provinces. fundamental rights, including freedom of RIGHT TO HEALTH expression, remained severely limited. The government increased its participation in Regular statistics provided by the government international forums by sending to the WHO indicated that there were no representatives to global events, particularly Covid-19 infections and no deaths during the those concerning economic, social and year. However, this was contradicted by cultural rights. unofficial sources who reported high BACKGROUND numbers of infections and deaths, and cremations taking place before the cause of North Korea remained effectively cut off from death could be determined. The true the rest of the world after ever more situation remained unclear. Amnesty International Report 2021/22 280

The COVAX initiative made repeated offers REPRESSION OF DISSENT to provide vaccine assistance. An initial offer Freedom of expression, including open in March of 2 million doses was turned down, criticism of the authorities or leadership, was 5 apparently for fear of possible side effects. non-existent. In October, the UN Special The North Korean leadership also suggested Rapporteur on the situation of human rights that other countries had a greater need. In in the Democratic People’s Republic of Korea November, a further offer of more than 4 reported on a “widespread awareness that million doses was made. According to the anyone believed to be a political threat to the WHO, as of November North Korea was one current political system and the leadership... of only two countries globally with no continues to be sent to Kwanliso [political vaccination programme in operation. prison camps].” Restrictions imposed by the government to Severe punishments, including years of curb the spread of Covid-19 led to families “reform through labour”, were imposed on being quarantined at home for several weeks those who broke the Reactionary Thought with no support from the authorities to ensure and Culture Denunciation Law, issued in adequate food supply.1 December 2020. The law criminalized those Medicines became more scarce than usual who “encountered illegal foreign culture”, due to border closures and sanctions. The including South Korean dramas, films and WHO and UNICEF were permitted to ship songs. Unconfirmed reports indicated that some medicines into North Korea. several people were executed after viewing The national healthcare system remained and distributing films and other culture from fragile and unable to meet people’s medical abroad, and that death sentences continued needs.2 Despite government warnings of to be imposed and executions carried out punishment, there were reports of people widely. using illicit drugs such as methamphetamine Mobile phone subscribers increased to 6 and opium to deal with chronic pain.3 million (out of a population of about 25 RIGHTS TO FOOD, WATER AND million). Surveillance also increased, SANITATION particularly in border areas, to identify those accessing international mobile phone Food insecurity remained a serious problem, services including China’s communication exacerbated by closed borders and extreme networks to make international calls, 4 weather events. In June, leader Kim Jong-un including to South Korea. Internet access acknowledged difficulties meeting grain remained restricted to a very small ruling production targets. elite. After border closures and the cutting of all ARBITRARY ARRESTS AND DETENTIONS train links with China, food imports reportedly disappeared, both through government- Despite several reports that human rights controlled trading and the unofficial “grey” violations had partially reduced in some market. Prices for staples such as rice, corn detention facilities, treatment of detainees still and oil tripled in some areas. appeared to be harsh.6 According to UNICEF’s 2021 child nutrition Beatings and other torture or ill-treatment report, almost one in five North Korean during investigations continued to be children suffered from moderate to severe reported in detention facilities under the growth stunting. While this was an Ministry of State Security. Conditions in improvement on previous years, concerns detention facilities under the Ministry of remained that food insecurity would reverse Social Security remained poor, with reports of this trend. forced labour, inadequate food and medical care, and verbal abuse. Amnesty International Report 2021/22 281

KWANLISO 3. “Drugs have become a part of everyday life in North Korea” (Korean Four Kwanliso were known to remain in only), 31 October operation although their existence was 4. “North Korea’s food shortage and the right to food”, (Korean only), 30 denied by the authorities. Up to 120,000 July detainees were believed to be held and 5. “Silent society – Suppressed freedom of political expression in North subjected to forced labour, torture and other Korea”, (Korean only), 31 December ill-treatment. 6. “Blind spots for human rights, detention facilities in North Korea”, (Korean only), 30 June ECONOMIC, SOCIAL AND CULTURAL 7. “Poor labour rights in North Korea”, (Korean only), 10 February RIGHTS WORKERS’ RIGHTS NORTH MACEDONIA Wages in state-run factories remained very low. Some workers in state-run factories and other enterprises, where the pay is Republic of North Macedonia significantly lower than the cost of living, Head of state: Stevo Pendarovski resorted to bribing officials in an effort to Head of government: Dimitar Kovačevski (designate) exchange their designated working hours for (replaced Zoran Zaev in December) better paid work elsewhere, including in the Former government officials were brought to grey economy.7 account. Conditions for detainees and RIGHT TO FREE CHOICE OF EMPLOYMENT prisoners failed to meet international The “Songbun” system of “ascribed status” standards. Hate speech was directed at remained in place, dictating educational, ethnic minorities and LGBTI people, as well political and professional mobility for all North as women and girls, who were not protected Koreans. Children of farmers were often from gender-based violence. Discrimination obliged to take over their parents’ jobs. Some persisted against Roma and Albanians. parents reportedly resorted to bribery or BACKGROUND powerful contacts to give their children the opportunity to change careers. The country’s efforts towards EU membership CHILD/FORCED LABOUR were blocked by Bulgaria, in a dispute over State media claimed that orphans language, culture and Macedonia’s failure to “volunteered” en masse to take jobs in recognize Bulgarian ethnicity. This – along unpopular and dangerous manual labour with the failure to implement domestic professions, including mining. reforms and poor local election results – INTERNATIONAL ENGAGEMENT contributed to Zoran Zaev’s resignation in North Korea participated in several December. international forums related to economic, ACCOUNTABILITY social and cultural rights. In July, it participated in the UN High-level Political Investigations continued into alleged serious Forum and presented a Voluntary National crimes, including human rights violations, by Review for the first time, effectively agreeing former government ministers and officials. to implement the Sustainable Development Sašo Mijalkov, former head of the secret Goals. In November, North Korea participated police, and 10 former police officers and in the COP26 UN Climate Change employees were convicted in February for Conference. offences arising from widespread unlawful wire-tapping revealed in 2015. 1. “Isolation and human rights violations in North Korea's response to In June, the former parliamentary speaker and two ministers were convicted for their infectious diseases”, (Korean only), 31 May 2. “Recent health care in North Korea”, (Korean only), 30 September role in organizing the April 2017 storming of parliament, when 100 people, including members of parliament, were injured. Amnesty International Report 2021/22 282

TORTURE AND OTHER ILL-TREATMENT REFUGEES’ AND MIGRANTS’ RIGHTS In February, the European Court of Human Almost 19,000 refugees and migrants Rights (ECtHR) struck out two complaints of transited through the country. Between suspicious prison deaths in 2017, after the January and September 388 people, government agreed a €12,000 settlement including children, were arbitrarily detained with the parents of a Roma man and with the in immigration detention centres as witnesses sister of another. In both cases, ill-treatment in 24 proceedings brought against was suspected. smugglers. Between January and March In May the European Committee for the alone, an estimated 4,000 refugees and Prevention of Torture, following their 2020 migrants were pushed back into Greece, visit, highlighted the chronic ill-treatment of often after registration, many reporting abuse suspects by police officers and other and ill-treatment. One asylum seeker was violations of detainees’ rights. They also granted subsidiary protection. criticized the authorities’ persistent failure to From September, 407 Afghan citizens address systemic failings in prisons, evacuated from Kabul arrived in North including ill-treatment and inhumane and Macedonia prior to resettlement in the USA degrading conditions. or Canada. They were granted a three-month FREEDOM OF EXPRESSION visa and accommodated in hotels. By December, 76 Afghans had been resettled to In December journalists and media workers Greece, France and Ireland. urged the government to adopt measures DISCRIMINATION announced in July increasing penalties for the increasing number of attacks on In June, the Helsinki Committee reported a journalists and reducing fines for defamation. 49% increase in both incidents and FREEDOM OF ASSEMBLY prosecutions for ethnically motivated hate speech. The Commission for Prevention and During a protest calling for accountability for Protection from Discrimination was not fully the deaths of 14 people in a fire in a functional. Covid-19 unit in Tetovo hospital on 8 ROMA September, five ethnic Albanians were In April a gynaecologist was appointed to the detained for public order offences, two of clinic in Šuto Orizari, a Roma suburb in the them for “participation in a mob”. After 38 capital, Skopje, following a complaint by 58 days’ detention they were sentenced to one Roma women (assisted by the European year’s probation. Roma Rights Centre) who had been denied VIOLENCE AGAINST WOMEN AND GIRLS access to reproductive healthcare for over a year. The Law on Prevention and Protection from In June the Skopje Basic Court ruled that Violence against Women and Domestic the Ministry of Health had discriminated Violence was adopted in January. against Roma drug users who were minors, Misogynistic hate speech increased. Police mandating a specialized health unit to failed to investigate complaints by women provide them with appropriate treatment and and girls whose images were, without their rehabilitation. consent, among 7,000 shared by men on the In June, the ECtHR found the authorities social media platform Telegram. Proceedings had failed to investigate a racially motivated for child pornography opened against two assault by several police on a Roma man men in July. In April NGOs recommended a during a raid in Topana, Skopje, in 2013, support package for women following requiring Macedonia to provide €3,000 domestic violence, and called for femicide to compensation. be a specific criminal offence. Amnesty International Report 2021/22 283

Cooperation and Development (OECD) LGBTI PEOPLE’S RIGHTS Proposed amendments to the Civil Status Guidelines for Multinational Enterprises. The Registration Act enabled transgender people legislation required larger enterprises (a total to register their chosen gender. The Helsinki of around 9,000 companies) to carry out due Committee reported a 31% increase in diligence with respect to human rights and homophobic hate speech prior to the Skopje decent working conditions in relation to their Pride in June. own operations, their supply chain and all business relationships within the value chain. It obliged companies to disclose key findings NORWAY – as well as preventive measures taken to avoid adverse impacts – on an annual basis Kingdom of Norway and to respond to specific enquiries within a Head of state: Harald V three-week time limit. Head of government: Jonas Gahr Støre (replaced Erna VIOLENCE AGAINST WOMEN AND GIRLS Solberg in October) In October, the new government announced The annual resettlement quota for refugees its intention to amend the Penal Code and to was continued but the government made define sexual intercourse without consent as clear that it could use its legal scope to rape, in line with the Council of Europe refer asylum seekers back to other “safe Convention on preventing and combating countries”. Parliament adopted a new law violence against women and domestic obliging larger companies to ensure respect violence (Istanbul Convention), which it for human rights and decent working ratified in 2017. conditions throughout their operations and supply chains. Plans were announced to redefine rape as sexual intercourse without OMAN consent. Sultanate of Oman REFUGEES’ AND MIGRANTS’ RIGHTS Head of state and government: Haitham bin Tariq In July, the government announced that it would stop all deportations to Afghanistan. The government continued to detain and The new government, elected in September, prosecute critics, activists and peaceful continued the annual resettlement quota demonstrators. Migrant workers remained commitment to accept 3,000 refugees. insufficiently protected against exploitation. Separately, however, it announced that it Women continued to face discrimination in would consider the possibility of using the law and practice. The death penalty “room for manoeuvre” in current legislation remained in force. to “refer” asylum seekers back to so-called BACKGROUND “safe countries” outside Europe if they had come to Norway via those countries. This Authorities pursued their Omanization policy meant that it could deprive asylum seekers of to replace foreign workers with nationals. In their right to apply for and receive asylum in May, the sultan announced directives to Norway – something that would represent a create up to 32,000 jobs in the public sector serious setback in national refugee practice. following protests over unemployment. CORPORATE ACCOUNTABILITY In June, Oman, which had the slowest Covid-19 vaccination roll-out in the Gulf, In June, the parliament adopted a corporate accelerated its immunization drive. The due diligence law based on the UN’s Guiding Ministry of Health announced that persons Principles on Business and Human Rights with disabilities could receive the vaccine at and the Organisation for Economic home. Amnesty International Report 2021/22 284

The government extended an amnesty conditions in May and June with arrests and scheme allowing free exit to migrant workers use of force. In May, protests took place in with illegal status until the end of August, several cities, including Sohar and Salalah. without which they could face criminal and Videos posted online showed a heavy financial liabilities. presence of security and military forces firing FREEDOM OF EXPRESSION tear gas at protesters and arresting scores. Many were released the same day but others Freedom of expression remained severely remained in custody for several days, curtailed. In February, the Internal Security including activist Ibrahim al-Baluchi. They Service arrested four environmental activists were released after being made to sign – Ahmed Issa Qatan, Salem Ali al-Maashani, pledges not to participate in future Amer Bait Saeed and Salem Tabuk – for demonstrations. commenting on Twitter against a In August, authorities arrested Talal al- governmental decision banning camel Salmani after he submitted a request to grazing in the plain of Dhofar governorate, in organize a demonstration calling for the prelude to construction of housing shutdown of liquor stores and posting online complexes. The Court of First Instance in a related video. In October, a court of first Salalah city sentenced Salem al-Maashani to instance sentenced him to a suspended six- a suspended one-month prison term and a month prison term and he was released. fine, Ahmed Qatan to a suspended six-month prison term and a fine, and Salem Tabuk to WOMEN’S RIGHTS two months in prison and a fine, for Women continued to be denied full rights in “publishing information that harms public law and in practice. Under the UPR process order”. Amer Saeed was acquitted. in January, Oman rejected recommendations In March, Oman blocked the social network to withdraw its remaining reservations to app Clubhouse citing “lack of proper CEDAW, including those granting women licence”. The app had gained traction during equal rights with men in matters relating to lockdown and become popular among the nationality of children, marriage, divorce activists. and other family matters. It also rejected the In July, security forces arrested online recommendations to criminalize marital rape. activist Gaith al-Shebli, who initiated online Furthermore, in the World Bank’s Women, discussions on Twitter on atheism, religion Business and the Law index for 2021, which and freedom of speech. At least two others, a ranks women’s economic opportunities, man and a woman, were arrested for Oman ranked lower than the regional engaging with him on Twitter and then average, scoring 35.5 out of 100. It noted released after signing pledges to stop such that women in Oman were especially activity. In August, authorities detained disadvantaged in terms of mobility, Khamis al-Hatali for posting a video online parenthood and marriage. criticizing the sultan and calling him an MIGRANTS’ RIGHTS “oppressor”. In December, the Ministry of Information Migrant workers continued to face abuse and shut down the radio programme All exploitation due to insufficient protection, Questions following an interview with a including poor living conditions, forced labour member of the Shura Council (Consultative and human trafficking. Domestic workers, Assembly) who criticized the performance of mostly women, faced long working days, the head of the council. home confinement and unpaid wages. FREEDOM OF ASSEMBLY During the UPR process, Oman rejected recommendations to ratify the International Authorities responded to protests against Convention on the Protection of the Rights of unemployment and deteriorating economic Amnesty International Report 2021/22 285

All Migrant Workers and Members of Their “green Eurobond” to finance dam Families. construction. However, the country’s most In June, the government extended its climate-vulnerable populations did not seem Covid-19 vaccination campaign to migrant to benefit from these measures, and workers; before this they had to pay for assistance to cope with extreme weather vaccines. remained elusive. Pakistan fulfilled its DEATH PENALTY commitment to submit its updated and enhanced National Determined Contributions Courts continued to hand down the death ahead of the 26th Conference of the Parties penalty. No executions were reported. (COP26), stating the intention to cut Pakistan’s carbon emissions by 50% by 2030. While a welcome development, no civil PAKISTAN society groups were consulted in the decision-making process. Islamic Republic of Pakistan The unfolding crisis in neighbouring Head of state: Arif Alvi Afghanistan brought new security Head of government: Imran Khan implications for Pakistan, with the rise of Taliban-affiliated armed groups in Pakistan. While some legislative progress was made, Pakistan closed its borders to Afghans freedom of expression and dissent travelling without documents following an continued to be restricted through new laws influx of refugees. and harsher punishments. Police used FREEDOM OF EXPRESSION excessive force against protesters. Accountability for enforced disappearances Restrictions on the right to freedom of remained elusive, despite the government expression intensified, with journalists and taking some steps to criminalize the human rights defenders coming under practice. A series of highly publicized cases increased scrutiny. highlighted the ongoing problem of violence Retired Professor Muhammad Ismail was against women. Thousands of people were detained in February, following the made homeless following forced evictions. cancellation of his bail. He was targeted by BACKGROUND the authorities in connection with his daughter’s human rights advocacy. Despite The Senate unanimously passed the his ill health, hearings to grant him bail were Prevention of Torture and Custodial Death repeatedly delayed until he was released in Bill, an overdue but encouraging step for the April. campaign to criminalize torture. The Journalist Absar Alam was shot and injured Supreme Court banned the death penalty for outside his home in April. Although the prisoners with mental health disabilities. government was quick to denounce the There remained a strong emphasis on attack, the investigation remained ongoing at tackling climate change, with Pakistan the end of the year. hosting the 2021 virtual World Environment In May, three men, at least one of whom Day. Prime Minister Khan continued to was armed, broke into the home of journalist prioritize climate change mitigation both Asad Toor and physically attacked him. Days domestically and in foreign policy, and the after the attack, he was summoned for development of a National Adaptation Plan questioning by the Federal Investigation was announced. Other existing adaptation Agency for “defaming” Pakistan. Journalist and mitigation measures continued, Hamid Mir was taken off the air by his including a mass tree planting drive, broadcaster – allegedly because of pressure protection of wetlands, expanding mangrove from the state – after he called for forest cover, an electric vehicle policy and a accountability for Asad Toor’s attack. The Amnesty International Report 2021/22 286

Minister of Information, Fawad Chaudhry, custody. An eight-year-old Hindu boy was tweeted that the government had nothing to charged with blasphemy in August for do with the decision. urinating in a Madrassah library, where In September, the Pakistan Media religious texts were stored. Following the Development Authority Ordinance was charge, locals attacked and destroyed a proposed, which effectively enabled press Hindu temple in the same area. The child censorship by bringing all media under one was detained for a week before charges regulator, granting the government against him were dropped. Authorities unchecked powers to punish journalists restored the temple within a week. A video of through steep fines, special “media a man bullying a boy from the Hindu tribunals” and appointing government community went viral in July, which led to a officials to key positions. Petitions were filed swift intervention from President Alvi, leading in the Islamabad High Court against the to the arrest of the suspected perpetrator. draconian Removal and Blocking of Unlawful After several delays, the Lahore High Court Online Content (Procedure, Oversight and acquitted Christian couple Shagufta Kausar Safeguards) Rules – legislation which would and Shafqat Emmanuel in June. The couple censor online content. Consultations with civil had been on death row for seven years on society did not lead to meaningful changes false blasphemy charges. Their acquittal and the rules were enacted. Social media followed nationwide protests held by religious app TikTok was blocked by the Pakistan political group Tehreek-e-Labaik Pakistan Telecommunication Authority three times (TLP); a continuation of demonstrations that during the year after the High Courts of began in November 2020. Authorities Peshawar and Sindh imposed bans for arrested the TLP leader, Saad Rizvi, and the “vulgarity”. ensuing violence resulted in the deaths of FREEDOM OF RELIGION AND BELIEF four police officers and hundreds injured, and led to the group being banned. On 18 Blasphemy cases continued to be registered April, the TLP took six police officers hostage against the beleaguered Ahmadi Muslim in Lahore to pressure the government into community in Pakistan, putting them at risk releasing Saad Rizvi. of danger or even the death penalty. At least There were continued reports of forced 10 places of worship for Ahmadi Muslims conversions to Islam of young Hindu and were desecrated – often by the police or with Christian girls. The Ministry of Human Rights their acquiescence. In January, the Pakistan drafted an Anti-Forced Conversion Bill, but Telecommunications Authority banned this was rejected by a parliamentary body in access to the US-based website October. trueislam.com, which documents the FREEDOM OF ASSEMBLY activities of the Ahmadi community in the USA – part of a broader pattern of Protests were violently dispersed. In January, discrimination and state overreach, which students protesting in-person exams during has included issuing notices to Google and the Covid-19 pandemic were met with Wikipedia to remove “sacrilegious content”. excessive force and five of the leaders were There were sporadic reports of Ahmadi held incommunicado for five days. In March, graves being desecrated. In June, a group of Aurat March, the country’s largest women’s men prevented the burial of an Ahmadi movement, faced hostility and threats from woman in a local graveyard in the city of various actors, including private citizens, Sheikhupura. journalists, political parties and an armed In May, a crowd of people violently attacked group, who opposed Aurat March’s work a police station in the capital, Islamabad, in defending women’s rights. Following the an attempt to lynch a man accused of movement’s fourth annual International blasphemy, who was already in police Women’s Day march, videos of the event Amnesty International Report 2021/22 287

were doctored by non-state actors to levy particularly for wealthy perpetrators and blasphemy allegations against the organizers those with political connections. and participants. This resulted in threatening The lack of accountability was exemplified letters being sent to Aurat March from armed by the shortening of the prison sentence for groups. In August, Aurat March’s chapter in Shah Hussain from five years to three years the city of Faisalabad was barred by the and six months. He had been imprisoned for authorities from holding a protest calling for stabbing Khadija Siddiqui in the neck 23 justice for the murder of Noor Mukkadam times in 2016 after she rejected his (see below), citing Covid-19 restrictions. advances. EXCESSIVE USE OF FORCE In February, a transgender woman, Paras, began receiving threatening messages from a Law enforcement agencies cracked down on man she had rejected, and later from his demonstrations by the Pashtun Tahaffuz friends as videos of her began to be shared Movement, which campaigns against the widely. The man forced her to record a video racial profiling, discrimination and of herself asking for his forgiveness at his extrajudicial executions of Pashtuns. In April, feet. The Human Rights Commission of scores of protesters were injured and at least Pakistan drew attention to her case, one killed in the town of Janikhel. prompting the accused to be arrested for In August, police used excessive force criminal intimidation. He was released on against health workers and students bail; no trial had been scheduled by the end protesting a new qualification exam in of the year. Lahore. At least 20 of the participants were In April, parliament passed the Domestic injured. During the protests, an unidentified Violence (Prevention and Protection) Bill spray was deployed by the police, which 2021. However, in July, an adviser to the acted as a skin irritant and caused respiratory Prime Minister, Babar Awan, asked for the and vision difficulties. bill to be reviewed by the Council of Islamic SEXUAL AND GENDER-BASED VIOLENCE Ideology – an advisory body – to allay the concerns of conservative parties about the A series of cases of sexual and gender-based law being misaligned with Pakistan’s “social violence were reported, underscoring the lack values”. The government denied any official of protection for women and igniting renewed request had been made, and any feedback calls for redress, accountability and reform. provided by the Council was not made In June, months after the assault took place, public. The draft legislation was referred back a video surfaced of business owner Usman to parliament, after the review of the Senate Mirza harassing a woman and her partner, Standing Committee on Human Rights, threatening her with gang rape if she did not where it remained pending. have intercourse in front of him. He was arrested and charged, along with his six ENFORCED DISAPPEARANCES accomplices. Thirteen families seeking information on their In July, Quratul Ain was murdered by her loved ones’ whereabouts were met by the husband in front of her four children in the Minister of Human Rights in April, followed city of Hyderabad. A week later, Zahir Jaffer by a meeting with Prime Minister Khan, who was arrested for the murder of Noor publicly assured them that information would Mukkadam, whom he had held hostage at be provided. In July, the Prime Minister also his home for more than 36 hours. Forensic met with Amina Masood Janjua, a long-time investigations found that he had tortured, campaigner against enforced raped and shot Noor Mukkadam before disappearances. Days later, two formerly beheading her. Countrywide protests called disappeared men were freed, including for accountability, which remained elusive Hasan Qambrani whose release came one Amnesty International Report 2021/22 288

year after his abduction by intelligence activists calling on it to stop the demolitions. agencies. There were also reports of some anti- In June, a bill proposing amendments to the demolition organizers being abducted or Pakistan Criminal Penal Code to criminalize arrested. enforced disappearances was presented before parliament by the Ministry of Human WORKERS’ RIGHTS Rights. It was sent to the Standing Committee The Senate Standing Committee on Human on Interior in the National Assembly, which Rights unanimously approved the Islamabad sent problematic feedback distinguishing Capital Territory Domestic Workers Bill 2021, between a “legal” and “unlawful” which ensures protection and welfare, disappearance. The most recent amendment including set working hours, entitlement to bill did not meet the minimum requirements leave and a minimum wage for domestic of international law. Civil society groups staff. The sector was previously almost reported that they had not been consulted on entirely unregulated, leaving domestic the proposed bill. Just weeks after the bill workers with little to no protection against was presented, political activist Seengar abuse. Noonari was abducted by law enforcement RIGHT TO HEALTH agencies for protesting against alleged illegal land grabs. He was released without charge Covid-19 remained a serious concern in and returned to his family after a five-week Pakistan’s overcrowded prisons. The disappearance. provincial government of Sindh released 64 Younis Anwar, general secretary of the prisoners as a preventative measure, but Gwadar Fisherfolk Alliance, was abducted appeared to be the only province to do so. allegedly by security agencies in August, days Prison authorities in Punjab and Khyber before protests were held in Islamabad by Pakhtunkhwa stopped reporting infection families of victims of enforced numbers in prisons. disappearance. Pakistan’s Covid-19 vaccine uptake was In December, there were unconfirmed bolstered by penalties for the unvaccinated in reports of Idris Khattak being declared guilty August, including blocked cell phone service, of espionage after a secret trial by a military and barred access to most public spaces and court. He had been abducted by state public transport. Access to vaccines was authorities in November 2019 and remained subject to vaccine availability which, owing to imprisoned in Adiala Jail, Rawalpindi. His donations from China and the COVAX family had no information about the status of initiative, remained steady. Vaccines were his case or sentencing. reportedly administered to prisoners as a Also in December, Prime Minister Khan met priority group. with the family of missing journalist Mudassar Naru after a vigorous online campaign, and REFUGEES’ AND MIGRANTS’ RIGHTS ordered a “complete report” of his After the fall of the Afghan capital, Kabul, in whereabouts. August, thousands of Afghan people fled to FORCED EVICTIONS Pakistan to escape the newly-installed Taliban regime. More than 2,400 people were Thousands were left homeless in the city of illegally deported back to Afghanistan, Karachi after houses in the Gujjar Nala according to media reports, although the neighbourhood were razed by the Karachi authorities did grant some visas to legally exit Metropolitan Corporation. The state offered the country. Authorities cited a lack of no resettlement plan nor compensation, and additional capacity in existing refugee camps, media reports estimated that the forced and Pakistan’s national security adviser evictions put 21,000 children out of school. stated at a press conference that “Pakistan is The Supreme Court rejected a petition from in no condition to accept any more refugees”. Amnesty International Report 2021/22 289

of Hamas’s political bureau. Independent PALESTINE (STATE monitors did not observe the internal Hamas elections. OF) In June, the West Bank-based Palestinian authorities replaced elected municipal State of Palestine councils with caretaker committees Head of state: Mahmoud Abbas supervised by the Ministry of Local Head of government: Mohammed Shtayyeh Government. Israel’s blockade on Gaza since 2007 Palestinian authorities in the West Bank forbade the import of materials it deemed a and the Hamas de facto administration in security threat, including spare mechanical the Gaza Strip repressed dissent, resorting parts and chemicals, some of which were to arbitrary detention, torture and other ill- brought in through irregular and unsafe treatment, and use of excessive force tunnels under the Gaza-Egypt perimeter. against protesters. In Gaza, civilians were Tunnels were also used to bypass taxes tried before military courts. Palestinian collected by Hamas on consumables from armed groups fired indiscriminate rockets Egypt. On 18 April, the Egyptian army said it into Israel. Vaccine distribution in the West had destroyed five tunnels. Bank favoured high-ranking officials over On 30 August and 28 December, President health workers. Women enjoyed fewer rights Abbas met the Israeli defense minister as than men in relation to divorce, custody of part of confidence-building measures. children and inheritance, and violence In October, Fatah and Hamas against women increased. representatives participated in talks in Egypt BACKGROUND to form a unity government. Armed conflict between Israel and FREEDOM OF EXPRESSION, Palestinian armed groups in Gaza erupted ASSOCIATION AND ASSEMBLY from 10 to 21 May, the fifth conflict in 15 On 24 June, political critic Nizar Banat died years. in the custody of Palestinian Preventive Palestinian governing factions remained Security forces after they arrested and split territorially – Fatah in charge in the West tortured him in Hebron, southern West 1 Bank and Hamas in the Gaza Strip. Bank. This triggered demonstrations for Palestinians in both territories remained freedom of expression in other Palestinian 2 under Israeli military occupation and towns, which the authorities met with discriminatory rule that constituted apartheid. excessive and unnecessary force. On 15 January, President Abbas announced Demonstrators and bystanders were arrested a 2021 schedule for parliamentary elections, and allegedly tortured. According to presidential elections and elections to the Addameer, a Palestinian prisoner support Palestinian National Council, but on 30 April organization, Palestinian security forces took cancelled them all. The last elections were at least 15 protesters, journalists and human held in 2006. Budget allocations to political rights defenders to a detention facility in parties, governmental departments, security Jericho city in the West Bank known as “the personnel and tenders for natural resource slaughterhouse” in late June and early July, management were corrupt, according to in the context of the protests. An Addameer Aman, a Palestinian think tank advocating for lawyer said they were accused of “inciting transparent governance. sectarian and racial strife”. On 10 March, Yahya Sinwar, a former During demonstrations on 26 and 27 June commander of a Palestinian armed group, in Ramallah city in central West Bank, was re-elected head of Hamas in Gaza. On 1 security forces in civilian clothes attacked August, Ismail Haniyeh was re-elected leader Amnesty International Report 2021/22 290

women protesters, broke equipment and body. Fourteen low-rank officers of Preventive confiscated phones of eight journalists. Security forces in Hebron were put on trial in On 21 and 22 September, police entered September. Azhar university campus in Gaza City and On 22 May, Tarek Khudairi, a political critic, beat 15 students at an induction event, was arrested at an event in Ramallah. He told according to the Independent Commission Amnesty International that he was slapped on for Human Rights (ICHR), the Palestinian the face, shoved against a wall during national human rights institution. The ICHR interrogation, kept in stress positions and recorded 129 complaints of arbitrary denied medical care for two days. detention in the West Bank and 80 in Gaza, RIGHT TO A FAIR TRIAL many related to freedom of expression and association. Presidential decrees on 11 January HUMAN RIGHTS DEFENDERS appointing members of the Transitional High Judicial Council, which replaced the High A presidential decree on 2 March required Judicial Council and dissolved the High Court NGOs to submit their annual plan to the in in 2019, further undermined the government for approval. independence of the judiciary. Around 12 people were arrested ahead of a On 21 October, the Hamas-run Authority for planned peaceful protest on 5 July. Among Military Justice in Gaza announced the them was Ubai Aboudi, who worked for sentencing of 13 men convicted of drug Bisan, a Palestinian NGO working for trafficking. The defendants, all civilians, were economic and social rights. He was charged tried in military courts without access to legal with “participating in an illegal gathering”. On advice, and some said they were tortured to 30 November, the Magistrates Court in extract “confessions”, according to the Ramallah acquitted him and seven other Palestinian Centre for Human Rights. One activists of all charges for lack of evidence. defendant was sentenced to death, 10 were On 4 July, Mohannad Karajah, director of sentenced to between 10 and 18 years of Lawyers for Justice, a Palestinian human hard labour, and two were acquitted. rights group, was arrested while working. The ABUSES BY ARMED GROUPS Prosecutor-General questioned him on 10 November on charges of “slandering the Between 10 and 21 May, Palestinian armed Palestinian Authority”, “participating in an groups in the Gaza Strip fired thousands of illegal gathering” and “inciting sectarian rockets towards Israel, most of which were strife”. Mohannad Karajah said that he was intercepted by Israel’s “Iron Dome” told that the General Intelligence Service’s technology. The firing of indiscriminate complaint against him and Lawyers for rockets is a war crime. Thirteen people in Justice related to their media campaign Israel died as a result of rocket attacks, against the illegal detention of political including Khalil Awad and his 16-year-old activists. daughter Nadine on 12 May when a rocket TORTURE AND OTHER ILL-TREATMENT hit their home’s yard in Dahmash near Lod town in central Israel. The rockets also Widespread use of torture by Palestinian caused at least 20 deaths and 80 injuries in authorities continued. The ICHR received the Gaza Strip, according to Al Mezan, a 104 complaints of torture and other ill- Palestinian human rights organization. Bara treatment against authorities in the West al-Gharabli, aged six, and Mustafa Bank and 104 against authorities in Gaza. On Mohammad Al-Aabed , aged 14, were killed 6 September, prosecutors completed an on 10 May in Jabalya city in northern Gaza investigation into the torture and death in Strip, according to Defense for Children custody of Nizar Banat. An autopsy found International-Palestine. fractures, bruises and abrasions all over his Amnesty International Report 2021/22 291

The UN Relief and Works Agency for were not distributed fairly and transparently, Palestine Refugees in the Near East and that only 5,533 out of 40,000 eligible (UNRWA) discovered a tunnel apparently hardship cases in the Gaza Strip had used by Palestinian armed groups under its received payments. Zaitoun schools in Gaza City, which was hit by Israeli missiles on 13 and 15 May. WOMEN’S AND GIRLS’ RIGHTS RIGHT TO TRUTH, JUSTICE AND Women continued to have fewer rights than REPARATION men in relation to divorce, custody of children and inheritance. Relatives attacked On 3 March, ICC prosecutor Fatou Bensouda women who refused to give up their initiated an investigation into the situation in inheritance or sued for other rights relating to Palestine. On 27 May, the UN Human Rights personal status, with inadequate protection Council established an international from the authorities. commission of inquiry led by Navi Pillay to Violence against women increased in the investigate violations in the Occupied context of Covid-19 measures and the Palestinian Territories (OPT), and in Israel. worsening economic crisis. According to the The Palestinian leadership welcomed the Women’s Centre for Legal Aid and establishment of the commission. Both Counselling, 28 women and girls were killed investigations aimed to cover alleged by domestic violence. On 16 June, a woman violations and crimes by the Palestinian was killed by a male relative striking her head authorities and armed groups, as well as following a dispute over inheritance in Gaza. those by Israeli authorities (see Israel and the On 8 September, representatives of OPT entry). government, civil society and UN agencies ENFORCED DISAPPEARANCES pledged increased support for countering gender-based violence. After women’s The fate of six men subjected to enforced shelters were closed during Covid-19 disappearance by the Palestinian authorities lockdowns, Palestinian hospitals opened safe in the West Bank in 2002 remained rooms for women. unknown, and the authorities took no steps to DEATH PENALTY investigate. Two Israeli citizens with mental health The Hamas de facto administration passed conditions, Avera Mengistu and Hisham Al- death sentences in Gaza. No executions were Sayed, remained missing since they entered carried out. the Gaza Strip in 2014 and 2015 FAILURE TO TACKLE CLIMATE CRISIS respectively. Hamas used their detention in negotiations for the release of Palestinians While olive and grape harvests suffered for held by Israel. Hamas provided no consecutive years due to climate change, the information on the men’s health or on their Palestinian authorities did not implement ability to communicate with their families in proposals for low-resource climate adaptation Israel. farming solutions. RIGHT TO HEALTH ENVIRONMENTAL DEGRADATION The health ministry in the West Bank In the Palestinian-controlled areas of the confirmed on 2 March that it had distributed West Bank, a third of solid waste went to about 1,200 Covid-19 vaccines to high- informal landfills that lacked environmental ranking officials rather than to health protections, and only 1% of solid waste was workers. recycled. On 14 October, a West Bank-based governmental audit found that welfare payments for people affected by Covid-19 Amnesty International Report 2021/22 292

about the virus and the vaccine programme 1. “Palestine: Investigation into death in custody of Palestinian activist through languages and formats that were must be transparent, effective”, 24 June accessible to all segments of the population. 2. “Palestinian security forces escalate brutal campaign of repression”, Healthcare workers were attacked by 7 July members of the public and also remained at high risk of contracting Covid-19. In October PAPUA NEW in the city of Lae, health workers who were administering Covid-19 and polio vaccines GUINEA had rocks thrown at them.1 GENDER-BASED VIOLENCE Independent State of Papua New Guinea The police failed to adequately protect Head of state: Elizabeth II, represented by Robert women from violence in the home and in the Dadae community. Violent attacks against women Head of government: James Marape accused of sorcery were reported throughout the year. In one case in March, a woman and Lack of capacity in the healthcare system her 19-year-old daughter were physically and insufficient information about assaulted and thrown off a bridge by vaccination programmes limited people’s community members in Goroka after being access to adequate healthcare. Gender- accused of sorcery following the death of the based violence remained pervasive, woman’s husband from Covid-19. Local including in the context of a growing human rights organizations reported that number of violent attacks against women sorcery-related violence and domestic following accusations of sorcery. violence increased in the context of the Development and environmental destruction pandemic. negatively impacted the lives and A Special Parliamentary Committee on livelihoods of Indigenous peoples. Gender-based Violence established in 2020 Continued intercommunal violence killed commenced hearings in May, with further dozens of people. Incidents of arbitrary hearings postponed until 2022. arrests and police brutality occurred. In June, male students at the University of BACKGROUND Papua New Guinea disrupted a protest by female students and staff against allegations The government and Bougainville leaders of widespread sexual harassment at the reached an agreement on the timetable to university. Journalists covering the event were finalize the terms of secession of Bougainville also attacked, but no serious injuries were from Papua New Guinea following the 2019 reported. independence referendum. Under the agreement, Bougainville will assume INDIGENOUS PEOPLES’ RIGHTS independent sovereign powers by 2027. In January, Indigenous people in New Ireland RIGHT TO HEALTH province staged a sit-in protest after the government failed to pay agreed In October, following a renewed surge in compensation for the development of Covid-19 infections, hospitals in at least three Kavieng Airport on their lands. provinces reported shortages of medical In July, the Indigenous people known as supplies and healthcare workers. “shark callers”, also from New Ireland Less than 3% of the population were fully province, held a cultural festival to protest vaccinated against Covid-19 by the end of against the impacts of deep-sea mining for the year. Authorities failed to effectively minerals and metals on their livelihoods and combat widespread vaccine hesitancy, or to culture. The government declined to join the provide accurate and timely information increasing number of states, NGOs and civil Amnesty International Report 2021/22 293

society groups calling for a ban on deep-sea mining. PARAGUAY RIGHT TO LIFE Republic of Paraguay Intercommunal violence continued with 38 Head of state and government: Mario Abdo Benítez people killed in two separate incidents in Hela and Eastern Highlands provinces in Police responded with unnecessary and February and April respectively. The lack of excessive use of force to protests over the an effective and adequately resourced police government's management of the Covid-19 service contributed to challenges in pandemic and alleged corruption. Several addressing such violence and other law and protesters were arrested and faced criminal order concerns in remote areas. charges. The health system collapsed as the DEATH PENALTY pandemic intensified. There was no significant progress regarding several cases On 31 July, the Supreme Court revoked of human rights violations in previous years, orders issued by the National Court in 2017 including cases of torture and violations of that had temporarily stayed executions, LGBTI and Indigenous rights. There were pending the establishment of clemency high numbers of cases of sexual abuse of procedures under the Constitution. children and adolescents and violence ARBITRARY ARRESTS AND DETENTIONS against women. The country was shaken by forced evictions, especially of rural and In April, a lawyer, Laken Lepatu Agilio, was Indigenous communities. assaulted and arrested by police after filing a BACKGROUND corruption complaint against the governor of Enga province. The corruption allegations The UPR of Paraguay’s human rights record related to a compensation scheme by the resulted in more than 200 recommendations Canadian-owned Porgera gold mine, for of which seven were rejected and two were human rights violations including forced partially accepted. The Inter-American Court evictions, rape and other sexual violence by of Human Rights found Paraguay responsible police and private security personnel at the for violating judicial independence and legal mine. A police officer was subsequently protections in the case of two former disciplined for the lawyer’s arbitrary arrest. Supreme Court justices dismissed in 2003 and the UN Human Rights Committee found REFUGEES’ AND MIGRANTS’ RIGHTS Paraguay responsible for violating the rights The Papua New Guinea and Australian of an Indigenous community. governments ended the offshore processing FREEDOM OF ASSEMBLY agreement between the two countries in October. However, it was unclear what In March, thousands of people throughout protections or resettlement options would be the country took to the streets to protest available to the 88 refugees and 36 asylum against alleged corruption in the pandemic seekers remaining in Papua New Guinea at response as well as the collapse of the health year end. system. There were multiple complaints of excessive use of force by police. Vivian Genes 1. Papua New Guinea: Health in Crisis, Amnesty International and other student protesters were arrested, Submission for the Universal Periodic Review, 39th Session, UPR charged and accused of involvement in a fire Working Group (ASA: 34/4020/2021), 23 April at the premises of the ruling party, the National Republican Association. The authorities announced that they would acquiesce to the facts presented before the Inter-American Court of Human Rights Amnesty International Report 2021/22 294

regarding the killing of the journalist Santiago INDIGENOUS PEOPLES’ RIGHTS Leguizamón in 1991, acknowledging their The state failed to return the ancestral lands responsibility. Deliberations regarding to the Tekoha Sauce community of the Avá reparations continued. Guaraní people. They had been evicted on RIGHT TO HEALTH two occasions in previous years, one of them to allow the construction of a hydroelectric 1 The health system collapsed as the Covid-19 power plant in Itaipú. pandemic intensified and thousands of In October, the UN Human Rights people were unable to access intensive care Committee issued a resolution holding units or receive adequate healthcare. Paraguay responsible for violating the human Implementation of the Covid-19 vaccination rights of the Campo Agua'e Indigenous plan was initially intermittent and slow. There community through contamination by toxic were allegations of corruption and strong agrochemicals on their lands. criticism of mismanagement regarding the LGBTI PEOPLE´S RIGHTS purchase of vaccines. As the vaccination roll- out progressed, the number of deaths and No progress was reported in the criminal infections decreased. cases concerning attacks on LGBTI people Covid-19 claimed the lives of over 14,367 during a Pride march in 2019 in the city of people in 2021, more than six times as many Hernandarias. The Hernandarias municipality as in 2020. The pandemic further exposed had banned the march in part as “contrary to historic underfunding of the health system public morals”. A lawsuit against the and the resulting inadequate access to public municipality´s decision filed by Amnesty healthcare, particularly for those with limited International in October 2019 also remained resources. stalled. TORTURE AND OTHER ILL-TREATMENT HUMAN RIGHTS DEFENDERS No progress was made in investigations into Despite a commitment made during a the alleged torture of 35 people at a naval previous UPR review, the authorities did not base in the city of Ciudad del Este in 2020. identify a mechanism for the protection of By the end of the year, more than 18 months human rights defenders and did not after the incident, no one had been charged disseminate the Declaration on Human in the case. Rights Defenders. ECONOMIC, SOCIAL AND CULTURAL CHILDREN´S RIGHTS RIGHTS The authorities did not implement sufficient By the end of the year, Paraguay had not and effective measures to prevent, identify ratified the Optional Protocol to the ICESCR and address cases of sexual exploitation and or the Regional Agreement on Access to abuse of children and adolescents. Information, Public Participation and Justice The Ministry for Childhood registered 3,850 in Environmental Matters in Latin America cases of mistreatment and sexual abuse of and the Caribbean (the Escazú Agreement). children between January and October. Of The number of forced evictions increased, these, 1,345 related to sexual abuse and several of them affecting Indigenous exploitation. The Public Prosecutor's Office communities. Many evicted groups had no received 2,284 complaints of child sexual guarantees of effective judicial remedies and abuse in the first 10 months of the year. the evictions were carried out without The authorities did not guarantee the sexual granting them any resettlement alternatives, and reproductive rights of girls. By among other irregularities. September the Ministry of Public Health and Social Welfare had registered 357 births to 2 girls aged between 10 and 14. However, in Amnesty International Report 2021/22 295

December, a technical working group was set up to address the problem and a single 1. Paraguay: Indigenous Community at Risk of Eviction (Index: AMR comprehensive care route was finally 45/0614/2019), 2 July. approved. 2. Paraguay: They Are Girls, Not Mothers: Steps to Ending Sexual The authorities failed to shed light on the Violence against Children and Adolescents and Forcing Girls into Motherhood in Paraguay (Index: AMR 45/5031/2021), 1 December circumstances surrounding the deaths of two 11-year-old Argentine girls during an operation by the Joint Task Force in the PERU department of Concepción in September 2020. There were also no answers regarding Republic of Peru the flawed investigation by the Public Head of state and government: José Pedro Castillo Prosecutor's Office and the authorities failed Terrones (replaced Francisco Rafael Sagasti to establish a special commission to Hochhausler in July) investigate the incident or to seek the assistance of the Inter-American Commission Peru recorded the highest number of on Human Rights, as requested by civil Covid-19 deaths per million people. society organizations. Concerns remained about impunity for WOMEN´S RIGHTS excessive use of force by law enforcement officials. Formal criminal charges were In November, a sentencing court found a brought in cases of forced sterilization and priest responsible for the sexual harassment proceedings in other cases of systematic charges brought by Alexa Torres, and he sexual violence resumed. The authorities faced a suspended sentence of one year had yet to adequately address the health imprisonment. crisis experienced by Indigenous peoples A bill declaring femicides a national due to environmental contamination by emergency was passed in the context of an toxic substances. Cases of gender-based increasing number of killings of women. violence increased, as did the number of Congress also discussed another bill which missing women. would define cases as family violence even BACKGROUND where the perpetrator and victim are not cohabiting. The Supreme Court of Justice During the first half of the year, presidential approved the protocol for dealing with cases and congressional elections were held. The of domestic violence against women and the campaign was marked by discrimination and Ministry of Public Health and Social Welfare racism towards voters from rural and issued a manual on support services for Indigenous peoples’ communities. victims of domestic violence. EXCESSIVE USE OF FORCE The Public Defender’s Office reported in mid-November that a record 2,312 women Investigations by the Attorney General’s Office had been assisted in the first six months of into the deaths of Inti Sotelo and Bryan the year within the framework of Law 5777. Pintado, two young men killed by police The National Police and Ministry of Women during a protest in November 2020, made SOS helpline registered 4,469 cases of slow progress. Although the government domestic violence in the same period. granted the families economic, health and A bill to prevent, punish and eradicate educational assistance, their right to truth gender-based political violence against and justice had not been fulfilled by the end women was before Congress at the end of the of the year. year. The 2020 Police Protection Law, which includes a presumption in favour of the police about the reasonableness of the use of Amnesty International Report 2021/22 296

lethal force, contrary to international human metals in Espinar, had yet to be adequately 2 rights law, remained in force. consulted with the communities. HUMAN RIGHTS DEFENDERS Thanks to the efforts of the National Platform of Persons Affected by Toxic Metals, Although the Ministry of Justice approved an a special multisectoral plan to ensure Intersectoral Mechanism for the Protection of medical care for those affected was approved Human Rights Defenders in April, three at the end of the year. defenders were killed during the year. According to the NGO Global Witness, Peru WOMEN’S RIGHTS was the third most lethal country in South Despite the approval of the Gender Parity America for human rights defenders. Law for Political Participation in 2020, the Congress had yet to ratify the Regional composition of the new government’s cabinet Agreement on Access to Information, Public was 87% male, compared to 58% under the Participation and Justice in Environmental previous government. Matters in Latin America and the Caribbean The pandemic exacerbated economic (Escazú Agreement) by the end of the year. inequality by increasing the burden of unpaid RIGHT TO HEALTH care work shouldered by women. According to the National Statistics Institute, economic According to official figures, since the recovery favoured men more than women; beginning of the pandemic, 2,301,177 paid employment increased by 15% for men, people had been infected with Covid-19 and while for women it increased by only 8%. almost 202,741 deaths had been recorded, VIOLENCE AGAINST WOMEN AND GIRLS making Peru the country with the highest number of deaths per million people. Lack of According to the Ministry of the Interior’s oxygen and insufficient hospital capacity Missing Persons Register, 12,984 women meant that care could not keep up with were reported missing in 2021, compared to demand. Despite initial scandals over 11,828 in 2020. Women represented 64% of corruption and the failure by government the total number of missing persons, but this officials to respect prioritization in the was not recognized by the government as a vaccination programme, the process form of gender-based violence. continued with clear prioritization criteria and According to the Ombudsperson’s Office, in in accordance with international standards. 2021 146 women were victims of femicide, By the end of the year more than 80% of the compared to 136 in 2020. target population (those over 12 years of age) SEXUAL AND REPRODUCTIVE RIGHTS has been vaccinated. Victims of forced sterilizations more than 25 INDIGENOUS PEOPLES’ RIGHTS years earlier were still seeking truth, justice In July, the Cusco Regional Health Authority and reparation. In March, the Public shared its Action Plan with Amnesty Prosecutor's Office finally brought charges International and environmental health against former president Alberto Fujimori and specialist Fernando Serrano of Saint Louis several health ministers under his 1 University. The plan had been ordered by a administration as the “indirect perpetrators”. December 2020 court ruling to address the In December, the judiciary ordered a judicial health crisis caused by toxic substances investigation against them. However, the among Indigenous communities in the executive had yet to grant reparations to the mining area of Espinar. By the end of 2021, victims, despite the fact that the official the plan, which is not based on specific registry of victims of forced sterilizations analysis of the risks to human health and the contained more than 7,000 registered cases. environment related to exposure to toxic During the pandemic, the number of births to girls under 10 years of age was Amnesty International Report 2021/22 297

nearly three times higher than in 2019 (rising On 27 September, the trial resumed of from nine to 24), and there were 1,149 births members of the Peruvian military accused of to girls under of 14, according to the Ministry systematically raping scores of women in of Health. According to the United Nations Manta (Huancavelica province) more than 35 Population Fund, four girls under 15 years of years earlier, raising hopes that victims of age gave birth every day in Peru during the human rights violations might finally obtain year. truth, justice and reparation. LGBTI PEOPLE’S RIGHTS 1. Peru: Authorities Must Redesign and Consult on Action Plan to Draft bills were submitted by a group of Address Health Crisis Caused by Toxic Substances in Espinar (Index: members of congress on legal recognition of AMR 46/4767/2021), 23 September gender identity for transgender people and 2. Failed State of Health: Health Emergency in Indigenous Peoples of marriage equality for same-sex couples. Espinar, Peru (Index: AMR 46/3829/2021), 18 May However, these bills had not been approved by the end of the year. PHILIPPINES REFUGEES’ AND MIGRANTS’ RIGHTS Peru hosted more than half a million asylum Republic of the Philippines seekers and more than 1.2 million Head of state and government: Rodrigo Roa Duterte Venezuelan nationals in 2021, 43% of whom were in an irregular situation, preventing Lack of accountability continued to them from accessing rights such as facilitate unlawful killings and other human healthcare. rights violations under the government’s The processing of asylum applications was “war on drugs” campaign. The International suspended in February 2020 due to Covid-19 Criminal Court (ICC) announced an restrictions; the suspension remained in investigation into crimes against humanity. place until the end of 2021. Human rights defenders, political activists In January, the Peruvian government and politicians were subjected to unlawful militarized its borders to restrict the arrival of killings, arbitrary arrest and detention, and asylum seekers and migrants. This led to harassment. Indigenous peoples were the several incidents of intimidation by the target of attacks by the authorities and Peruvian military, such as shooting into the unknown assailants. Inadequate access to air to disperse groups of Venezuelans at the healthcare worsened as Covid-19 infection border. rates rose. Maria Ressa, journalist and critic Two regularization processes for migrants of the “war on drugs”, won a Nobel Peace and asylum seekers were opened, but were Prize but continued to face decades in jail marked by bureaucratic hurdles, prohibitive for pending cases brought against her costs, or arbitrarily not allowing regularization including by the government. of certain groups, such as children and BACKGROUND adolescents in family groups. In December, the regularization process was started for Restrictions remained in place in response to more than 3,000 children and adolescents. the Covid-19 pandemic that RIGHT TO TRUTH, JUSTICE AND disproportionately affected people living in REPARATION poverty. Preparations began for the May 2022 presidential elections. According to the Ombudsperson’s Office, EXTRAJUDICIAL EXECUTIONS AND only 20% of the bodies of more than 21,000 IMPUNITY people on the National Register of Forced Disappearances related to the internal armed Extrajudicial executions and other human conflict (1980-2000) had been recovered. rights violations continued under the Amnesty International Report 2021/22 298

government’s ongoing “war on drugs”. arrested and killed. Allegations by the President Duterte continued to incite violence security forces that firearms and explosives against people suspected of using or selling were seized during the raids, and that those drugs. In his State of the Nation Address in killed were resisting arrest, were denied by 4 July, he also called on Congress to legislate the groups involved. In a speech given two for free legal assistance for members of the days before the raids, President Duterte said 1 security forces accused of unlawful killings. that he had ordered the police and military to In October, the Department of Justice “kill” communist rebels. In December, the released partial information from its review of Department of Justice recommended the just 52 of the thousands of cases involving filing of murder charges against 17 law killings by police during anti-drug operations. enforcement officials for the death of labour Although the review was woefully inadequate leader Emmanuel Asuncion during the raids. and failed to meet international standards, its Opposition to the Anti-Terrorism Act (ATA), limited findings contradicted police claims which granted the government broad powers that lethal force had been justified, and to detain perceived enemies of the state, confirmed violations documented by local continued. In December, the Supreme Court, 2 and international human rights groups. acting on petitions challenging the In September, the ICC’s pre-trial chamber constitutionality of the ATA struck down two authorized an investigation into crimes, portions of the law, including parts of Section including the crime against humanity of 4 that vaguely and broadly defined acts of murder committed in the context of the “war terror, which the Court found to be on drugs”, throughout the country between “overbroad and violative of the freedom of 2016 and 2019, and killings in the Davao expression”. However, the law remained 3 5 area between 2011 and 2016. The flawed and open to abuse. In July, a court in government said it would not cooperate with Olongapo city in Central Luzon dismissed the investigation. In November, the ICC charges against two members of the announced that it had temporarily suspended Indigenous Aeta community as a case of the investigation, following a request by the mistaken identities. The case was believed to Philippine government. be the first brought under the ATA since it UN experts and human rights groups was introduced in July 2020. repeated calls for the UN Human Rights Prisoner of conscience Senator Leila de Council (UNHRC) to set up an international Lima, one of the first opposition politicians investigation into killings and other human targeted by the Duterte administration, spent rights violations, amid concerns that the joint her fifth year in detention. In February, a UN capacity-building and technical court dismissed one of three politically- assistance programme established under a motivated charges against her – that of 2020 UNHRC resolution was failing to conspiracy to commit illegal drug trading. advance justice and protect human rights. REPRESSION OF DISSENT INDIGENOUS PEOPLES’ RIGHTS Attacks persisted against Indigenous peoples The linking of organizations and individuals to and Indigenous peoples’ rights activists. In communist groups by the authorities, known January, the Cordillera police chief issued an as “red-tagging”, led to killings and order to “shoot-to-kill” Windel Bolinget, a harassment of human rights defenders, prominent Indigenous peoples’ rights political activists and others. On 7 March, advocate, if he resisted a warrant for his security forces killed nine people and arrest. A politically motivated murder charge arrested six others in simultaneous raids against Windel Bolinget was dismissed in against “red-tagged” groups in Southern July.6 Tagalog. Environmental activists and urban On 28 February, unknown assailants shot poor community leaders were among those dead Julie Catamin, the chief of Roosevelt Amnesty International Report 2021/22 299

village in Tapaz municipality, Capiz province. recommended that perjury charges be filed She had been a witness in a case relating to against senior executives of a company that a police raid in December 2020 in which had been awarded PPE procurement community leaders from the Tumandok contracts, Pharmally Pharmaceutical Indigenous people were arrested and others Corporation, and several former government killed. On 3 March, masked assailants aides. stabbed and seriously injured Angelo Karlo FREEDOM OF EXPRESSION AND Guillen, the lawyer for the Tumandok ASSOCIATION community leaders, in Iloilo City. In February, security forces raided a school In October, journalist Maria Ressa was in Cebu City in which students from awarded the Nobel Peace Prize, jointly with Indigenous communities displaced by armed Russian journalist Dmitry Muratov, in conflict were living. Seven people, including recognition of her fight for press freedom in students, teachers and a community elder, the Philippines. In June and August, two were arrested without warrants and charged charges of cyber libel against her were with kidnapping and human trafficking. They dismissed, but she continued to face other were detained for three months before the charges for which she could face up to 60 9 charges were dismissed. years in prison if found guilty. ARBITRARY DETENTION AND UNFAIR In April, authorities “red-tagged” individuals TRIALS and groups involved in running “community pantries” that provided food to those in need In March, the House of Representatives because of unemployment during the passed a bill amending the Dangerous Drugs pandemic. Act of 2002. The bill contained provisions that could encourage arbitrary arrests and WORKERS’ RIGHTS would violate the right to fair trial, including In August, a report documented abuses of the presumption of innocence of people workers’ rights in the nickel mining sector on 7 accused of using or selling drugs. The bill Dinagat Island, including employment remained before the Senate at year end. without contracts, delayed payment of wages 10 RIGHT TO HEALTH and non-payment of compulsory benefits. In April, a sharp increase in Covid-19 cases DEATH PENALTY and deaths was recorded, leading to On 2 March, the House of Representatives accusations of government mishandling of passed House Bill 7814 to amend the 8 the pandemic. The already inadequate Comprehensive Dangerous Drugs Act of healthcare system lacked sufficient hospital 2002, which would reintroduce the death beds and health workers to treat Covid-19 penalty for drugs-related offences. The bill patients. The government began a Covid-19 remained pending before the Senate at year’s vaccination programme in March, but there end. Several other bills to reintroduce the were concerns about slow implementation, death penalty also remained pending before uneven geographical distribution and the House of Representatives and the discriminatory access to vaccines. Senate. In August, a report by the independent statutory body, the Commission on Audit, LGBTI PEOPLE’S RIGHTS revealed deficiencies in the Department of On 18 September, eight LGBTI individuals Health’s handling of funds allocated to the were injured when an improvised explosive Covid-19 response, including irregularities in device went off during a volleyball the transfer of funds between government tournament in Maguindanao province. The departments. The findings prompted a Bangsamoro parliament condemned the Senate Committee investigation, which Amnesty International Report 2021/22 300

incident as a hate crime and called on the RIGHT TO A FAIR TRIAL authorities to investigate. The government continued to target judges and prosecutors who raised concerns over 1. “Philippines: Widespread killings, rampant impunity show real state the lack of independence of the judiciary. In January, the National Prosecutor transferred of nation”, 26 July 2. Philippines: Government Review a Woefully Insufficient Response to seven prosecutors to new posts within 48 hours and hundreds of kilometres away from Victims Of “War on Drugs” (Index: ASA 35/4911/2021), 22 October 3. “Philippines: ICC launches probe in deadly “war on drugs”, seeks to their place of residence. Six of the prosecutors were members of an association end impunity”, 16 September 4. “Philippines: Brutal government crackdown against activists must defending the rule of law. NGOs criticized the end now”, 8 March transfers as punitive. 5. “Philippines: Anti-Terror Act remains dangerous and fundamentally International concern over the erosion of 1 flawed”, 9 December judicial independence continued. In March, 6. Philippines: End Attacks Against Indigenous Peoples (Index: ASA the European Commission (EC) referred 35/3677/2021), 11 February Poland to the EU Court of Justice over its 7. Philippines: Amendments to Dangerous Drugs Act an alarming 2020 law on the judiciary, which prevents kneejerk reaction to PNP-PDEA shootout”, 3 March courts in the country from submitting 8. “Philippines: Country faces health and human rights crisis one year requests to the Court of Justice for into the Covid-19 pandemic”, 26 April preliminary rulings in relation to disciplinary 9. “Philippines: Maria Ressa and Dmitry Muratov’s Nobel Peace Prize proceedings against judges. In July, the Court win is a victory for press freedom Globally”, 8 October of Justice ruled that the Disciplinary Chamber 10. Philippines: Undermining Workers’ Rights: Labour Rights Abuses in of Poland’s Supreme Court lacked the Nickel Supply Chains (Index: ASA 35/4389/2021), 26 August independence and impartiality required by EU law. POLAND In response, Poland’s Constitutional Tribunal held that such rulings were not compatible with the Constitution and asserted Republic of Poland the primacy of Polish law over EU law. In Head of state: Andrzej Duda November, the Constitutional Tribunal Head of government: Mateusz Morawiecki declared Article 6 (the right to a fair trial) of the European Convention on Human Rights The authorities continued to erode the incompatible with the Constitution. In independence of the judiciary and the December, the EC launched another European Court of Human Rights (ECtHR) infringement procedure against Poland over ruled that two of Poland’s high judicial the rulings of the Constitutional Tribunal. bodies did not meet fair trial standards. The ECtHR also ruled that Poland’s There was a further rollback of sexual and Constitutional Tribunal and the Supreme reproductive rights. Criminal charges used Court’s Disciplinary Chamber failed to meet to curtail freedom of expression were fair trial requirements. In May, in Xero Flor v dropped, or the activists acquitted. Several Poland, the ECtHR held that the actions of regional councils withdrew anti-LGBTI the legislature and the executive amounted to declarations but violations of LGBTI rights unlawful external influence in the election of continued. Border guards pushed asylum three judges of the Constitutional Tribunal in seekers back to Belarus. Poland did not 2015. In July, in Reczkowicz v Poland, the implement the ECtHR ruling regarding Abu ECtHR held that the Disciplinary Chamber Zubaydah, who remained held in the US was not an independent tribunal as detention facility in Guantánamo Bay, irregularities in the appointment of its judges Cuba. severely compromised its legitimacy. In April, the ECtHR formally requested a response from Poland about alleged Amnesty International Report 2021/22 301

violations in the case of Judge Paweł protesters to stations outside Warsaw, which Juszczyszyn, who had been suspended by hindered their access to lawyers. the Disciplinary Chamber in 2020 after he FREEDOM OF EXPRESSION questioned the independence of the National Council of the Judiciary. In March, the District Court in Płock Judge Igor Tuleya, an outspoken critic of acquitted three activists who faced charges of government interference with judicial “offending religious beliefs” for possessing independence, continued to face criminal and distributing posters and stickers proceedings after the Disciplinary Chamber depicting the Virgin Mary with an LGBTI 2 removed his immunity in 2020. rainbow halo. An appeal by the prosecutor was pending at the end of the year. WOMEN’S RIGHTS In June, the police closed the investigation In October, the Group of Experts (GREVIO) into a charge of “theft and burglary” allegedly monitoring implementation of the Council of committed by two activists involved in a 2020 Europe Convention on preventing and poster campaign accusing the government of combating violence against women and manipulating Covid-19 statistics. domestic violence (Istanbul Convention) In November, a district court in Warsaw urged Poland to fully incorporate the notion convicted journalist Ewa Siedlecka of criminal of freely given consent, as required by the defamation for articles she wrote in 2019. Istanbul Convention, and to ensure She had exposed a hate campaign linked to appropriate sanctions for all non-consensual the then deputy justice minister, which sexual acts. GREVIO also criticized Poland for targeted judges opposing “reforms” which the lack of action on domestic violence. undermined judicial independence. SEXUAL AND REPRODUCTIVE RIGHTS LGBTI PEOPLE’S RIGHTS There was a further rollback on sexual and In response to continuing violations of LGBTI reproductive rights.3 In January, the people’s rights, the European Commission Constitutional Tribunal published a ruling that launched infringement procedures. In the law permitting abortions in cases of September it requested that five regional severe fetal impairments was councils withdraw anti-LGBTI declarations unconstitutional. Hospitals in Poland stopped adopted in 2019, making it a condition of providing abortion services in cases of such receipt of EU funding. In response, also in impairments to avoid medical staff facing September, four regional councils withdrew criminal liability. In July, the ECtHR formally such resolutions. requested a response from Poland in the cases of 12 individuals who claimed that the REFUGEES’ AND MIGRANTS’ RIGHTS country’s abortion legislation violated their Border guard officials admitted pushing back right to a private and family life and the asylum seekers to Belarus. Between 18 and prohibition of torture and other ill-treatment. 19 August a group of 32 asylum seekers from FREEDOM OF ASSEMBLY Afghanistan, who had entered from Belarus, was pushed back to the Belarussian side of The publication of the Constitutional Court the border. All 32 tried to seek international ruling banning abortions in cases of severe protection in Poland but Polish border guards fetal impairments triggered protests in would not allow them to access Polish January and February. During territory. Despite two orders by the ECtHR, demonstrations held on 27 January in Poland failed to provide the group with food, Warsaw, the police arrested 20 protesters water, shelter, medical assistance and access 4 and filed 250 cases alleging administrative to lawyers. offences. The police took the arrested In October, parliament adopted amendments to the Law on Foreigners and Amnesty International Report 2021/22 302

the Law on Granting Protection to Foreigners under which those who cross the border PORTUGAL “irregularly” must leave the territory of Poland and are banned from re-entry. The law thus Portuguese Republic makes it generally impossible for people who Head of state: Marcelo Rebelo de Sousa Head of government: António Costa enter “irregularly” to seek asylum in Poland. On 2 September, the President declared a state of emergency on the border with A decade-old procedure that infringed the Belarus, which prohibited access to the rights of protesters in Lisbon was exposed. border area by journalists, media workers Migrant agricultural workers continued to and NGOs, and barred lawyers from live in overcrowded and substandard accessing asylum seekers.5 On 1 December, conditions, leaving them vulnerable to an amendment to the law on border Covid-19. Racism within the police protection banned entry into the border area remained a concern. High levels of violence without time limits. against women persisted. TORTURE AND OTHER ILL-TREATMENT FREEDOM OF EXPRESSION AND In April, Abu Zubaydah, a Palestinian ASSEMBLY national detained in Guantánamo Bay, In June, it emerged that since 2011 Lisbon’s submitted a petition to the UN Working municipal authorities had been passing Group on Arbitrary Detention calling for his personal information to foreign embassy release. Abu Zubaydah had been held in a officials about protesters who demonstrated secret detention site in Poland between 2002 in front of their embassies. The authorities and 2003, and Poland again failed to agreed to conduct risk assessments to implement fully the ECtHR ruling and carry ensure the rights to privacy and peaceful out an effective investigation of the case. assembly. RIGHT TO PRIVACY REFUGEES’ AND MIGRANTS’ RIGHTS In December Ewa Wrzosek, a Warsaw district The government took measures to facilitate prosecutor and member of Lex Super Omnia, access to Covid-19 vaccination for people an association defending the rule of law, was with irregular immigration status. notified by Apple that her phone had been In May, a Covid-19 outbreak among 13,000 targeted by Pegasus spyware from migrant agricultural workers in Odemira surveillance company NSO Group. exposed their poor living conditions in substandard, overcrowded houses or 1. Poland: Briefing on the Rule of Law and Independence of the container dwellings. The workers, mostly Judiciary in Poland in 2020-2021 (Index: EUR 37/4304/2021), 17 from south and south-east Asia, were June temporarily rehoused to prevent further 2. Poland: Third-party Intervention to the European Court of Human infections. Rights in the Case of Igor Tuleya (Index: EUR 37/3548/2021), 20 Following the Taliban seizure of power in January Afghanistan, Portugal resettled 764 Afghan 3. Poland: Roll Back of Reproductive Rights is Dark Day for Polish nationals seeking safety. Women, 27 January In May, three officials of the Foreigners and 4. Poland: Digital Investigation Proves Poland Violated Refugees’ Borders Service (SEF) were sentenced to Rights, 30 September between seven and nine years’ imprisonment 5. Poland: State of Emergency Risks Worsening Already Dire Situation for the assault, aggravated by unintentionally for 32 Asylum Seekers at Border, 2 September causing his death, of a Ukrainian national who had died in SEF custody in March 2020. In December, on appeal, the sentence was increased to nine years’ imprisonment for all. Amnesty International Report 2021/22 303

DISCRIMINATION those with no family or other support In March, the Council of Europe (COE) network. Commissioner for Human Rights expressed concern about racism in the police. She recommended recruitment procedures PUERTO RICO promoting access for people from minority groups and the establishment of a fully Commonwealth of Puerto Rico independent police complaints mechanism. Head of state: Joseph Biden (replaced Donald Trump in She also noted the rise of racially motivated January) hate crimes and hate speech, especially Head of government: Pedro Rafael Pierluisi targeting Roma and people of African Urrutia (replaced Wanda Vázquez Garced in January) descent. In March, the Ministry of Home Affairs The government declared a state of introduced a Plan for the Prevention of emergency on domestic violence. The Manifestations of Discrimination in the authorities repressed the right to protest of Security Forces. environmental defenders. Child poverty VIOLENCE AGAINST WOMEN AND GIRLS increased. The legislature presented bills that, if passed, would result in violations of In March, the COE Commissioner for Human the rights of LGBTI people. Rights expressed concern at the persistence CHILDREN´S RIGHTS of high levels of violence against women. She called for domestic violence to be more The Administration for the Comprehensive effectively prosecuted and punished and for Care and Development of Childhood in further amendments to the definition of rape Puerto Rico released a report in March noting in the Criminal Code so that it is entirely that child poverty had increased by 62.7% based on the absence of free consent of the during the previous two years, largely due to victim. the 2017 hurricane season and the Covid-19 In August, a new law entered into force to pandemic. In the first nine months of 2021, strengthen protection for children who the government received 10,390 complaints witness or are exposed to domestic violence. of child abuse, an increase of 3,167 cases in RIGHT TO HOUSING comparison to the same period the previous year. By November child abuse referrals had In March, the European Commission Against risen to 12,109. Racism and Intolerance (ECRI) welcomed the RIGHT TO HOUSING adoption, in 2019, of the Basic Housing Law, in which the right to adequate housing was In August, a study by Ayuda Legal Puerto recognized and safeguards against evictions Rico reported that, almost four years after the were strengthened. However, ECRI noted that devastation of hurricanes Irma and María, it had not received sufficient information to housing had yet to be repaired and people assess the implementation or impact of the were still living in homes with temporary law on people at risk of forced eviction. tarpaulin roofs (blue tarps). According to a separate report on the Action Plan for DETAINEES’ RIGHTS Mitigation Funds, between 15,000 and Substandard conditions persisted in several 18,000 properties still had blue tarp roofing. prisons, aggravated by the pandemic. In May, According to official data, 1,640 houses had the Ombudsperson criticized a plan for the been repaired or reconstructed. social reintegration of inmates released According to data from the Court during the pandemic to avoid overcrowding Administration Office, by August there had because it failed to prevent homelessness for been 676 eviction cases on the archipelago Amnesty International Report 2021/22 304

without any suitable alternative 2013 in relation to use of force and internal accommodation offered. procedures. VIOLENCE AGAINST WOMEN AND GIRLS In June, a report by the NGO Kilómetro 0 stated that at least 23 people had died as a In January, the Governor declared a state of result of police violence in the previous two emergency on gender-based violence and years. ordered measures to prevent and eradicate it. FREEDOM OF ASSEMBLY By May, 511 cases of domestic violence had been filed, a sharp increase compared to the In September, the American Civil Liberties same period in 2020. In September, the Union denounced civil rights violations Governor signed Law 40, which recognizes against environmental defenders. The police and establishes criteria for classifying certain department sought to repress protests, homicides as femicides and trans femicides. including by deploying the security forces During the year, there were 53 gender-based and arbitrarily detaining environmental killings of women, a decrease of seven cases defenders. compared to 2020, according to Gender Equality Observatory, a civil society LGBTI PEOPLE’S RIGHTS organization. In June, the Federal Bureau of Investigation SEXUAL AND REPRODUCTIVE RIGHTS arrested three men linked to the death of Alexa, a transgender woman killed in 2020. None of the seven bills discussed that could In July, human rights defenders denounced limit the right to abortion had been approved targeted operations by municipal police by the end of the year. Authorities approved against establishments frequented by LGBTI an educational curriculum that introduces people. In August, the federal government the concept of a gender perspective; it was ordered the protection of students with due to be taught in schools beginning in transgender and other sexual identities in 2022. There were protests against the schools. The legislature presented several curriculum's implementation. bills that threatened the dignity and rights of FAILURE TO TACKLE CLIMATE CRISIS LGBTI people by prohibiting hormonal treatments and banning trans athletes in The government invested resources in female sports; none had been approved by creating the Committee of Experts and the end of the year. A bill seeking to prohibit Advisers on Climate Change to help define conversion therapies was defeated in the public policy on climate change. The Senate. At the end of the year, a bill was Department of Natural Resources issued before the Senate to create a Bill of Rights for several construction permits, allegedly by LGBTI people. means of procedural irregularities, that threaten marine and coastal systems as well as putting lives at risk due to rising sea levels QATAR and risks of hurricanes. The legislature considered pushing forward a law that could State of Qatar eventually limit excessive construction in Head of state: Tamim bin Hamad bin Khalifa Al Thani Puerto Rican coastal areas. Head of government: Khalid bin Khalifa bin Abdulaziz EXCESSIVE USE OF FORCE Al Thani The Office of the Federal Police Monitor Despite government reforms, migrant published a report in March which concluded workers continued to face labour abuses that various police units had not complied and struggled to change jobs freely. with the requirements of the Police Reform of Curtailment of freedom of expression increased in the run-up to FIFA World Cup Amnesty International Report 2021/22 305

2022. Women and LGBTI people continued The system continued to yield powers to to face discrimination in law and practice. employers who oversee the entry and BACKGROUND residence of migrant workers in Qatar, enabling abusive employers to cancel The Gulf diplomatic crisis that started in residency permits or file cases accusing their 2017, pitting Saudi Arabia, the United Arab employee of absconding, jeopardizing Emirates, Bahrain and Egypt against Qatar, migrant workers’ legal presence in the ended in January. country. In July, the emir ratified a law paving the In May, the Ministry of Labour launched a way for the first legislative elections of the digital platform intended to enable workers to Shura Council (Consultative Assembly) to submit complaints. elect 30 of its 45 members. However, the law Despite the introduction of a new minimum excluded Qataris whose grandfathers were wage, as well as measures to monitor not born in Qatar from voting or standing for payment of wages, migrant workers election on the basis of the discriminatory continued to fall victim to wage theft by their nationality law. The election was held on 2 employers without effective recourse to October. No women were elected. justice. Indeed, access to justice for migrant In October, the emir reshuffled the cabinet workers remained largely slow and, when it and demerged some ministries. did occur, did not often lead to an effective Covid-19 vaccines were made available to remedy. The support fund set up to help all citizens and residents aged 12 and above workers recoup their money if they win their without discrimination, including foreign cases before the Committees for the residents. By October, 77% of the population Settlement of Labour Disputes worked on an had been fully vaccinated. ad hoc basis and it remained unclear to workers if and when they could collect their unpaid wages from the fund.1 MIGRANT WORKERS’ RIGHTS In April, workers from a company supplying Despite its stated commitment, the security guards went on strike to protest government failed to implement and enforce against their employer’s failure to honour the reforms, enabling abusive practices to new minimum wage. State-aligned media resurface and reviving the worst elements of reported that the government had kafala (the sponsorship-based employment investigated and found the company’s pay system). did meet the legal requirement. The Migrant workers continued to face authorities continued to fail to investigate sometimes insurmountable bureaucratic properly the deaths of migrant workers, barriers and requirements when seeking to thousands of whom have died suddenly and change jobs without the permission of their unexpectedly in Qatar in the past decade employers, even though permission was no despite passing mandatory medical tests longer a legal requirement. In December, the before travelling to the country. This failure, government reported that 242,870 migrant which precluded any assessment of whether workers had been able to change jobs the deaths were work-related, meant Qatar following the reforms in September 2020; failed to protect a core element of the right to however, it did not report how many workers life. It also denied the workers’ bereaved managed to do so without securing the families the opportunity to receive permission of their employer – information compensation from the employer or that is key to measuring progress. authorities.2 The situation remained even more difficult TRADE UNION RIGHTS for live-in women domestic workers on Migrant workers continued to be barred from account of their isolation in their employer’s forming or joining trade unions. Instead, house, which is also their workplace. authorities introduced joint committees, an Amnesty International Report 2021/22 306

initiative led by employers to allow workers’ came while he was appealing a five-year representation. The initiative fell far short of prison sentence handed down after an unfair the fundamental right of workers to form and trial based on a “confession” that was join trade unions. extracted under duress, and which he made without a lawyer present.4 On 15 December, FREEDOM OF EXPRESSION AND a court rejected his appeal and sentenced ASSEMBLY him to three years in prison. Authorities continued to curtail freedom of WOMEN’S RIGHTS expression using abusive laws to stifle critical Women continued to face discrimination in voices. law and practice. Under the guardianship On 4 May, authorities forcibly disappeared system, women remained tied to their male Malcolm Bidali, a Kenyan security guard, guardian, usually their father, brother, blogger and migrant workers’ rights activist. grandfather or uncle, or for married women, They held him in solitary confinement for a to their husband. Women continued to need month and denied him access to legal their guardian’s permission for key life counsel. On 14 July, the Supreme Judiciary decisions to marry, study abroad on Council fined him under the controversial government scholarships, work in many cybercrime law for publishing “false news government jobs, travel abroad until certain with the intent of endangering the public ages, and receive some forms of reproductive system of the state”. The criminal order was healthcare. passed without Malcolm Bidali being formally Family laws continued to discriminate charged, brought before a court or informed against women by making it difficult for them of the criminal charges he faced. He left to divorce. Divorced women remained unable Qatar on 16 August after paying the heavy to act as their children’s guardian. 3 fine. In March, the government disputed the In early August, members of tribes, mainly findings of a Human Rights Watch report on the al-Murra tribe, protested against their discrimination against women in Qatar, and exclusion from the Shura Council elections. pledged to investigate and prosecute anyone On 8 August, the Interior Ministry stated that who had breached the law. By the end of the seven men had been arrested and referred to year, no such investigations had taken place. the public prosecution, accused of “using Noof al-Maadeed, a 23-year-old Qatari social media to spread false news and stir up woman who sought asylum in the UK citing racial and tribal strife”. Some were released family abuse, decided to return to Qatar after but others remained in detention without seeking reassurances from the authorities. access to their lawyers. She started documenting her journey on In November, two Norwegian journalists social media but was last heard from on 13 investigating the situation of migrant workers October after she reported threats from her were detained for trespassing and filming on family to the police. Despite reassurances private property, accusations the journalists from the authorities that she was safe, her refuted. They were questioned about their whereabouts remained unknown, raising reporting and had all their equipment fears about her safety. confiscated. They were released 36 hours later without facing any legal charges. LGBTI PEOPLE’S RIGHTS Earlier in their trip, the two journalists had “Sodomy” or same-sex sexual conduct been due to interview Abdullah Ibhais, the between men remained an offence under the former communications director for Qatar’s Penal Code, punishable by up to seven years’ 2022 World Cup organizers, but he was imprisonment. Article 296 states that arrested on 15 November hours before the “leading, instigating or seducing a male in planned interview. His arbitrary detention any way to commit sodomy or dissipation” Amnesty International Report 2021/22 307

and “inducing or seducing a male or a accession pledges to tackle corruption and female in any way to commit illegal or meet EU benchmarks to ensure a fair legal immoral actions” is a crime. system, including safeguards against political In February, Mashrou’ Leila, a Lebanese interference. In June, the European rock band whose lead singer is openly gay, Commission (EC) reported a positive trend in cancelled its planned appearance at relation to judicial reforms and the fight Northwestern University’s Doha campus for against corruption. “safety concerns” after an anti-gay online FREEDOM OF EXPRESSION, backlash. ASSOCIATION AND ASSEMBLY DEATH PENALTY In June, dozens of civil society organizations In February, the emir halted the execution of wrote to the Minister of Justice expressing a Tunisian man convicted of murder. No their wish to be fully involved in a government execution was reported. review of the regulatory framework for associations and foundations. They called for 1. Reality Check 2021: A Year to the 2022 World Cup, the State of simplified procedures to be balanced with Migrant Workers’ Rights in Qatar (Index: MDE 22/4966/2021), 16 adequate safeguards against discretionary November decisions that could threaten NGOs. 2. “In the Prime of Their Lives”: Qatar’s Failure to Investigate, Remedy In August, Bucharest Pride’s organizers and Prevent Migrant Workers’ Deaths (Index: MDE 22/4614/2021), 26 were fined after more than the permitted 500 August people joined the march. The NGO Accept 3. Joint Statement: Kenyan Labour Rights Activist Leaves Qatar After contested the fine arguing that Covid-19 Paying Hefty Fine for Publishing “False News” (Index: MDE restrictions on attendance were 22/4626/2021), 19 August disproportionate. In July, NGOs had raised 4. “Qatar: Ensure fair trial for Abdullah Ibhais”, 19 November concerns that pandemic-related restrictions on protests were not similarly applied to ROMANIA sport, cultural, religious or family events. Reporters investigating alleged irregularities and corruption in the use of public funds Republic of Romania were questioned by the Directorate for Head of state: Klaus Iohannis Investigating Organized Crime and Terrorism Head of government: Nicolae Ciucă (replaced Florin in May, after a mayor lodged a criminal Cîțu in November) complaint accusing them of organizing a A statute of limitations on torture, among criminal group and blackmail – both crimes other crimes, was removed. NGOs raised punishable by up to five years in prison. concerns around the exercise of the rights NGOs warned that a dangerous precedent to freedom of association, peaceful had been set, which could undermine the assembly and expression. Healthcare right to freedom of expression. Prosecutors workers demanded increased protection closed the complaint against the reporters in against Covid-19. The media exposed June. violent pushbacks of refugees and migrants A draft law on the protection of whistle- at borders. Roma and LGBTI people blowers in the public interest – excluding continued to face systemic discrimination. whistle-blowers in private sector – remained An investigation into the unlawful CIA pending in Parliament. The Ministry of rendition and torture of Abd al-Rahim Al- Justice was criticized for overlooking several Nashiri was closed. amendments proposed by NGOs, including BACKGROUND on legal aid provision and the ability of whistle-blowers to report directly to the press. In May, the European Court of Justice (CJEU) ruled that Romania must abide by pre-EU Amnesty International Report 2021/22 308

RIGHT TO HEALTH September, the European Parliament asked The Covid-19 pandemic put immense the EC to address Romania’s failure to pressure on an already underfunded and comply with a 2018 CJEU decision on the overstretched health system. In March 2021, need to harmonize national legislation to healthcare workers held demonstrations guarantee freedom of movement and calling for an increased health budget, better residence for same-sex couples. protection from Covid-19, increased wages TORTURE AND OTHER ILL-TREATMENT and lower retirement ages. By end of the year, 40% of the population In March, authorities closed an investigation had been fully vaccinated and vaccine into Abd al-Rahim al-Nashiri’s unlawful uptake had plateaued. Romania registered rendition, secret detention and torture at a the highest rate of mortality due to Covid-19 CIA black site in Romania. In 2018, the in the region and one of the highest in the ECtHR had found that Romania hosted the world. secret facility and was complicit in Abd al- Rahim al-Nashiri's torture and enforced REFUGEES’ AND MIGRANTS’ RIGHTS disappearance. Authorities continued in their In October, an investigation by Lighthouse refusal to acknowledge complicity or Reports exposed how authorities in Romania recognize the ECtHR judgment. Abd al- – as well as in other EU countries – had Rahim Al-Nashiri remained detained in violently rounded up migrants and asylum Guantánamo Bay without trial and at risk of seekers and summarily returned them to facing the death penalty. countries outside the EU. DISCRIMINATION RUSSIA ROMA RIGHTS In January, a new law criminalizing hate Russian Federation crimes against Roma came into force. Roma Head of state: Vladimir Putin continued to experience harassment, in both Head of government: Mikhail Mishustin online and public spheres, and to face discrimination, including segregation, in The Covid-19 pandemic continued to education, housing and employment. exacerbate the dire state of healthcare LGBTI PEOPLE’S RIGHTS services. The rights to freedom of LGBTI people continued to face systemic expression, association and peaceful discrimination. In January, the European assembly were routinely violated. Public Court of Human Rights (ECtHR) ruled that assemblies organized by the political Romania violated the rights of two opposition were almost completely transgender people by refusing to recognize prohibited. Legislation on “foreign agents” their identities, on the basis that they had not and “undesirable organizations”, together undergone gender reassignment surgery. It with prosecutions on trumped-up charges considered that the legal framework was not and other forms of pressure, were widely clear and consistent in this area. used to suppress dissent. Threats and In June, the ECtHR ruled that authorities attacks against journalists, human rights had failed in their duty to protect individuals defenders and other activists were from far-right militants who stormed an perpetrated with impunity. Persecution of LGBTI film screening in October 2013 Jehovah’s Witnesses intensified. Torture and shouting threats and homophobic abuse. other ill-treatment in places of detention In July, NGOs raised concerns that remained endemic and prosecutions of politicians intended to propose anti-LGBTI perpetrators rare. Enforced disappearances legislation. Same-sex marriage and were reported in Chechnya. The authorities partnership remained unrecognized. In failed to address domestic violence. LGBTI Amnesty International Report 2021/22 309

people continued to face discrimination. encountered difficulties, with many having to Arbitrary deportations of refugees and pay for their vaccination. asylum seekers persisted. FREEDOM OF ASSEMBLY BACKGROUND Public assemblies organized by the The parliamentary election in September was opposition were mostly prohibited, including accompanied by unprecedented pressure on under the pretext of public health restrictions, independent opposition candidates, including unlike pro-government mass events. through barring them from running on Individuals staging single-person pickets spurious grounds. A record number of were routinely arrested and prosecuted, in violations were reported by independent violation of an unduly restrictive law.1 election monitors over three days of voting. Rallies in support of opposition leader Corruption remained pervasive. Aleksei Navalny resulted in unprecedented 2 Low Covid-19 vaccine uptake and a rapid numbers of mass arbitrary arrests and growth in the infection rate led all regional administrative and criminal prosecutions on 3 governments to introduce mandatory spurious charges. In Moscow, facial vaccination for certain groups of workers. The recognition technologies were reportedly government repeatedly announced fully paid used to identify and reprimand peaceful “non-working days” to halt the pandemic’s protesters. spread, forcing businesses to pick up the Police enjoyed impunity for the unlawful use cost with limited government support. of force, including with stun guns, against 4 Unprecedented wildfires raged in Siberia peaceful protesters. and the Far East following record-breaking Around 10 criminal cases for “repeated heat and drought. Toxic smoke spread widely, violation of public assembly regulations” were further reducing the already poor air quality opened. In October, environmental activist in large cities. Vyacheslav Egorov was sentenced to 15 Russia continued to occupy Crimea and months’ imprisonment for organizing a other territories. peaceful protest. RIGHT TO HEALTH FREEDOM OF ASSOCIATION Soaring Covid-19 infection and death rates Civil society organizations suffered further exacerbated problems in healthcare, already reprisals and restrictions due to newly dismal in some places. Worn-out amended legislation on “foreign agents” and infrastructure, negligent use of equipment “undesirable organizations”, which widened and underfinancing, for example, were cited their scope (for instance, outlawing among the reasons for a cut in oxygen supply cooperation with “undesirable organizations” in a North Ossetian hospital in August, abroad) and increased respective resulting in the deaths of at least nine administrative and criminal sanctions. patients on life support. Despite a shortage of In July, the Council of Europe’s Venice healthcare workers reported across the Commission sharply criticized the new country, the government adopted further cuts amendments to the “foreign agents” to the health budget. The large number of legislation noting that “they constitute serious hospitalized Covid-19 patients led to delays in violations of basic human rights”. It urged planned medical care. Russia to “abandon” this special regime or The vaccination of homeless people and alternatively revise “the entire body of the undocumented migrants against Covid-19 legislation”. The government ignored these was complicated by a requirement for recommendations. identification documents and medical A further eight NGOs were added to the list insurance, often unavailable to such groups. of “foreign agents”, including the Documented migrant workers also independent health workers’ union, Doctors’ Amnesty International Report 2021/22 310

Alliance, and 18 more listed as and two other journalists faced searches “undesirable”, including the International under a libel case. Partnership for Human Rights and European Journalist Elena Milashina received thinly Network of Election Monitors. Authorities veiled death threats after her newly published continued penalizing those on the list of investigation into extrajudicial executions and “foreign agents” with heavy fines. torture by the Chechen police. The threats In July, the human rights group Team 29 were not effectively investigated. announced its closure after its website was In August, a BBC Moscow correspondent blocked for alleged publication of materials was barred from Russia indefinitely as “a by a Czech NGO newly designated as threat to national security”. “undesirable”. The group deleted all its In April, four journalists from the student online publications and web archive to magazine DOXA were placed under travel prevent prosecutions. restrictions as criminal suspects, and In August, the election watchdog Golos accused of “involving minors in dangerous became the first entity to be designated as an activities” in relation to a video that called on unregistered “public association – ‘foreign students to brave threats of expulsion for agent’” under the amended legislation, participation in peaceful protests. Their trial followed by five more groups. In December, started in December. the country’s oldest and most influential Dissenting musicians faced cancelled human rights groups, International Memorial concerts. In October, poet and journalist and Human Rights Centre Memorial, were Tatyana Voltskaya’s concert was cancelled ordered to close down, on grounds of their because of her newly imposed “foreign alleged violations of the “foreign agents” agent” status. legislation. The organizations appealed Arbitrary and extrajudicial blocking of against the ruling. websites continued, while the scope of Persecution of the NGO Open Russia as respective related legislation was widened. In “undesirable” continued, including after its July, over 40 websites associated with Aleksei disbanding in May to protect its activists. In Navalny’s anti-corruption and political February, Anastasia Shevchenko received a activities were blocked under the pretext that four-year suspended sentence, reduced to they were used “for prohibited extremist three on appeal in August.5 In May, its former activities”. executive director Andrey Pivovarov was In September, the Moscow Arbitration Court arrested after boarding an international flight, ordered Google and Yandex to delete “Smart for cooperation with an “undesirable Voting” from their search engine results. organization” due to his Facebook posts. His Google and Facebook were repeatedly fined trial started in November. for not removing “prohibited content”. FREEDOM OF EXPRESSION Journalist Igor Khoroshilov was sentenced twice to 10 days’ administrative detention for Authorities used laws on “foreign agents” and “propaganda of extremist insignia” after “undesirable organizations” to curb the right mentioning “Smart Voting” on Facebook. to freedom of expression and silence In September, the Federal Security Service independent media, journalists and activists. published an extensive list of unclassified Fines were introduced for non-inclusion of topics, ranging from crimes in the army to the mandatory headline-style “foreign delayed space programmes, the monitoring agents” disclaimer in relevant publications. of which would render an individual a Fourteen media outlets and 70 people were “foreign agent”. A veteran human rights designated “foreign agents”, while the NGO, the Soldiers’ Mothers of St Petersburg, investigative Project Media was outlawed as declared in response that it would end its “undesirable”. In June, its founder, Roman work on human rights violations in the army. Badanin, later designated as “foreign agent”, Amnesty International Report 2021/22 311

In October, Dmitry Muratov, editor of the masterminds behind her killing had not been independent newspaper Novaya Gazeta, was identified. awarded the Nobel Peace Prize in recognition REPRESSION OF DISSENT of his contribution to freedom of expression in an increasingly repressive media climate. Reprisals against opposition activists and HUMAN RIGHTS DEFENDERS dissenters intensified as the authorities and the ruling United Russia party were Reprisals against human rights defenders confronted by increasingly critical public were widespread and egregious. opinion in the run-up to parliamentary In April, Ivan Pavlov, a human rights lawyer elections. and founder of Team 29, was arbitrarily In February, prominent opposition activist charged with “divulging the results of a Aleksei Navalny was sentenced in a politically preliminary investigation”. He left Russia in motivated trial to 32 months’ imprisonment September and was subsequently placed on for violating the terms of his probation in a “wanted” list. He was also at risk of being relation to an unfounded prosecution in stripped of his lawyer’s licence. In November, 2014. The same month, the ECtHR ordered Ivan Pavlov and four of his colleagues were his immediate release as interim measures designated “foreign agents”. related to his physical safety, but Russia The trial of feminist and LGBTI activist Yulia refused to comply. Aleksei Navalny Tsvetkova, who was accused of complained of inhuman and degrading “disseminating pornography” for sharing treatment, including denial of essential online her body-positive drawings of female healthcare. In June, his movement’s regional bodies, started in Komsomolsk-on-Amur in offices and two NGOs associated with him April and was ongoing at the end of the year. were declared “extremist” and banned by a Prominent human rights defender Ernest court. In September, Russia ignored a call by Mezak faced trumped-up charges of the Council of Europe to release him and contempt of court in June for his critical overturn his convictions. Instead, in October, remarks on social media on the role of judges the authorities announced five new criminal 6 in the prosecution of peaceful protesters. cases against him and his associates. In October, Galina Arapova, lawyer and Other associates and supporters of Aleksei director of the Mass Media Defence Centre Navalny faced persecution across Russia, (placed on the “foreign agents” register in including unfounded criminal and 2015), was designated as an “individual – administrative proceedings. In April, Andrey ‘foreign agent’”. Borovikov, in Arkhangelsk, was sentenced to IMPUNITY over two years’ imprisonment for “disseminating pornography” in relation to a Impunity for crimes committed against videoclip by the German band Rammstein human rights defenders and journalists that he had shared on social media in 2014 persisted. Numerous crimes, past and and long since deleted. In July, Violetta ongoing, remained unsolved with Grudina, in Murmansk, was confined to a investigations unopened or manifestly stalled. hospital for 19 days on a false Сovid-19 In August, the European Court of Human related pretext. This also prevented her from Rights (ECtHR) held that the Russian running as an independent candidate in the authorities had failed to properly investigate local election. Ufa activist Lilia Chanysheva the abduction and murder of Natalia faced 10 years’ imprisonment on Estemirova in 2009, but did not find them “extremism” charges for her role as a directly responsible for the murder. regional coordinator in Aleksei Navalny’s In October, the 15-year statute of limitation organization. in the murder of prominent investigative Other dissenting voices were also repressed. journalist Anna Politkovskaya expired. The In May, Nikolay Platoshkin, leader of the For Amnesty International Report 2021/22 312

New Socialism movement, was given a five- In October, Maksim Ivankin, sentenced to year suspended sentence and an extortionate 13 years’ imprisonment for alleged fine for purported “calls to mass participation in a fictitious “terrorist” disturbances” and dissemination of organization named Network, told his lawyers “knowingly false information”. He had that he had “confessed” to a double murder criticized the authorities, including their under torture while being transferred to a response to Covid-19, and planned peaceful penitentiary in another region. protests. Smuggled graphic videos of inmates’ Mikhail Iosilevich, an activist from Nizhnii torture, including rape, in Saratov prison Novgorod, was falsely accused of cooperation hospital and other penal institutions were with an “undesirable organization” and made public in October by activists from the threatening a witness, and spent over six Gulagu.net group. In response to widespread months in pretrial detention. He was released media coverage and a public outcry, the in August under restrictions pending trial. His authorities initiated criminal investigations trial started in December. and sacked some prison officials. Threats Siberian shaman Aleksandr Gabyshev, who against the whistle-blower who procured the had vowed in 2019 to “purge" President footage, Sergei Savelyev, forced him to leave Putin from the Kremlin, was violently arrested Russia. by some 50 police officers at his home in ENFORCED DISAPPEARANCES Yakutsk. In July, a court confined him indefinitely to a psychiatric hospital for There were new reports of enforced compulsory treatment. In October, he was disappearances, particularly from Chechnya. moved to a specialized psychiatric institution The fate and whereabouts of Salman in Novosibirsk, thousands of kilometres from Tepsurkayev, moderator of Telegram channel his home. 1ADAT, remained unknown. A critic of the TORTURE AND OTHER ILL-TREATMENT authorities, he was seen being tortured in a video that was anonymously published after Torture and other ill-treatment in custody his disappearance in 2020. In October, the remained endemic and prosecutions of ECtHR found Russia responsible for his perpetrators rare. arbitrary, unacknowledged detention and Those arrested during pro-Navalny rallies torture, and for the failure to effectively complained of inhuman and degrading investigate his torture. conditions in detention, including severe FREEDOM OF RELIGION AND BELIEF overcrowding at the Sakharovo detention facility for migrants, outside Moscow, and Persecution of Jehovah’s Witnesses elsewhere. intensified after the organization’s arbitrary Although several criminal investigations designation as “extremist” in 2017, with were initiated into multiple allegations of intrusive home searches and criminal cases torture, including rape, of prisoners in Irkutsk initiated across the country and in occupied region in 2020, they were stalled with victims Crimea. At least 105 people were convicted, and witnesses complaining of threats and with those imprisoned sentenced to intimidation. increasingly long terms. In February, brothers Salekh Magamadov In October, a court in Astrakhan sentenced and Ismail Isaev were abducted by police in Olga Ivanova to three-and-a-half-years’ Nizhnii Novgorod and taken to Chechnya imprisonment, and Rustam Diarov, Sergei where they were remanded on false charges Klikunov and Evgenii Ivanov to eight years’ of aiding an armed group. They complained imprisonment, the longest sentences issued of torture and other ill-treatment, but the to Jehovah’s Witnesses yet. Chechen authorities refused to open a criminal investigation. Amnesty International Report 2021/22 313

VIOLENCE AGAINST WOMEN AND GIRLS 6. “Russian Federation: Prosecution of human rights defender must In August, a study by the Women’s NGOs’ stop” 14 July (EUR 46/4469/2021) Consortium found that 66% of women murdered from 2011 to 2019 had been RWANDA victims of domestic violence. Significant efforts to address the issue were absent, with the draft law on domestic violence, stalled Republic of Rwanda from previous years, still failing to make the Head of state: Paul Kagame parliamentary agenda. The situation of Head of government: Édouard Ngirente survivors continued to be exacerbated by pandemic-related restrictive measures. The authorities took measures to respond to In September, the ECtHR ruled in Volodina v the Covid-19 pandemic and to promote the Russia No. 2 that the authorities had failed to right to health. Ten girls and women were protect the applicant from cyberviolence, and pardoned for abortion-related offences. to effectively investigate and bring the Violations of the rights to a fair trial, perpetrator to justice. The Court concluded freedom of expression and privacy that the ensuing impunity “was enough to continued, alongside enforced shed doubt on the ability of the State disappearances, allegations of torture and machinery to produce a sufficiently deterrent excessive use of force. People suspected of effect to protect women from cyberviolence”. genocide were prosecuted and convicted. LGBTI PEOPLE’S RIGHTS BACKGROUND Discrimination against LGBTI people The Ministry of National Unity and Civic remained widespread, spearheaded by the Engagement was created in July, replacing homophobic “gay propaganda” legislation. the Genocide Survivors Support and Assistance Fund, the National Commission REFUGEES’ AND MIGRANTS’ RIGHTS for the Fight against the Genocide, the Refugees and asylum seekers continued to National Unity and Reconciliation face refoulement. Commission and the National Itorero In September, Valentina Chupik, a refugee Commission. from Uzbekistan and a human rights Also in July, armed forces were deployed to defender working on migrants’ rights, was Mozambique to fight an armed group known detained in Sheremetyevo airport transit zone locally as “Al-Shabaab”. With Mozambican on returning to Russia, stripped of her forces, they regained several key towns in the refugee status, banned from entering the north-eastern Cabo Delgado province. country for 30 years and faced a forcible RIGHT TO HEALTH return to Uzbekistan. Only following a widespread outcry, was she allowed to leave The government continued to impose for Armenia in October. restrictions to reduce the spread of Covid-19, including a nationwide curfew, mass testing, 1. Russia: No Place for Protest (Index: EUR 46/4328/2021), 12 August and localized lockdowns in January, February and July in Kigali and other districts. Rwanda 2. “Russia: Human rights crisis deepens as Navalny supporters arrested was one of only 15 African countries to meet en masse” 22 April the global goal of 10% vaccination by the end 3. “Russia: Detention of Navalny associate on ‘extremism’ charges a of September. By December, 40% of the forewarning of mass reprisals”, 11 November 4. Russian Federation: Assaulted Peaceful Protester Denied Justice: country’s population was fully vaccinated. Margarita Yudina (Index: EUR 46/3695/2021), 12 February SEXUAL AND REPRODUCTIVE RIGHTS 5. “Russia: Prisoner of conscience Anastasia Shevchenko convicted, In July, President Kagame pardoned 10 girls given suspended prison sentence” 18 February and women serving prison sentences for Amnesty International Report 2021/22 314

abortion-related offences. Abortion remained After being repeatedly summoned by the illegal in most circumstances, although the Rwanda Investigation Bureau, academic 2018 Penal Code introduced exceptions in Aimable Karasira was arrested in May and cases of rape, incest or forced marriage. charged with denying and justifying the RIGHT TO A FAIR TRIAL genocide, instigating division and fraud. A genocide survivor, he had posted videos in Paul Rusesabagina was convicted of which he said that Rwandan Patriotic Front terrorism offences in September, following a soldiers had killed members of his family in trial and pretrial period marred by serious fair 1994. trial violations. Alongside 20 co-accused, he In October six people, including journalist was tried in relation to attacks by the National Theoneste Nsengimana and members of the Liberation Forces, a group he had previously opposition political party DALFA-Umurinzi pledged support for. After his unlawful (Development and Liberty for All), were transfer from Dubai to Kigali on 28 August arrested, accused of “spreading rumours to 2020, he disappeared for four days, during cause unrest among the population”. Two which time, according to his lawyers, he was days earlier, Theoneste Nsengimana had tortured. He was then held in posted a video of a woman calling on people incommunicado detention for three days. The to celebrate “Ingabire Day” (named for lawyer appointed by his family was denied DALFA-Umurinzi leader Victoire Ingabire) to access to him for his first six weeks of honour jailed, abducted and killed opposition detention, during which time he was figures. represented by two pro bono lawyers. The RIGHT TO PRIVACY prison authorities inspected and confiscated privileged and confidential documents In July, the Pegasus Project revealed that the brought to him by his lawyers. This practice phone of Paul Rusesabagina’s daughter, continued despite a court ruling that Carine Kanimba, was infected with the NSO documents related to the case should not be Group’s Pegasus spyware. Rwanda is confiscated (although other documents believed to be an NSO Group client. More unrelated to the case could first be than 3,500 phone numbers, including those inventoried by the prison authorities). This of activists, journalists, political opponents, ruling was the only action taken by the court foreign politicians and diplomats of interest to to attempt to remedy the fair trial violations. Rwanda, had been selected as potential 2 From 12 March onwards, Paul Rusesabagina targets for the spyware. did not attend hearings because he believed his fair trial rights would not be respected.1 RIGHT TO TRUTH, JUSTICE AND REPARATION FREEDOM OF EXPRESSION In March, a French commission, established Several bloggers and commentators active on to review state archives concerning France’s YouTube were arrested and prosecuted. role and engagement in Rwanda between Yvonne Idamange was arrested in February 1990 and 1994, published its final report. after posting a video in which she claimed The Duclert Commission found that, although that the president was dead and called on not an accomplice to the genocide, France people to march to his office. She also bore responsibility for its blindness to the criticized lockdown measures and policies preparation for a genocide and its slowness around genocide commemoration. She was to break with the regime responsible for it. convicted in September and sentenced to 15 President Macron acknowledged France’s years in prison, on charges including responsibility and sought forgiveness from “inciting public disorder”, “disposing of or the Rwandan people. In April the Muse degrading evidence or information relating to Report, commissioned by the Government of genocide” and “publication of rumours”. Rwanda, went further, stating that France Amnesty International Report 2021/22 315

bore “significant responsibility for having director Cassien Ntamuhanga was arrested enabled a foreseeable genocide”. by Mozambican police; they have since In March, the Prosecutor of the denied any knowledge of his detention. International Residual Mechanism for Unconfirmed reports say he was handed over Criminal Tribunals filed a second amended to the Rwandan embassy in June. He had indictment against Félicien Kabuga, been convicted alongside Kizito Mihigo (see acknowledged as a chief financier of the below, Right to life) in Rwanda and escaped 1994 genocide. He was charged with from prison in 2017. genocide, incitement and conspiracy to RIGHT TO LIFE commit genocide, and three counts of crimes against humanity: persecution on political No independent investigation was carried out grounds, extermination and murder. into the death in custody of popular musician In July, the High Court Special Chamber for Kizito Mihigo in 2020 despite renewed calls International and Transnational Crimes by civil society.4 convicted Jean-Claude Iyamuremye of In September popular rapper Joshua genocide and sentenced him to 25 years in Tusyishime, also known as Jay Polly, died in prison. He was accused of being a leader of custody. He was arrested in April for hosting the Interahamwe militia in Kicukiro during the a party at his home in violation of Covid-19 genocide. regulations. Genocide suspect Beatrice Munyenyezi was Although in 2020 the president and minister extradited from the USA to Rwanda in April to of justice had publicly condemned the use by stand trial. The same month, Marcel individual police officers of excessive force, Hitayezu, a Rwandan priest living in France and committed to holding perpetrators was arrested on genocide charges. Another accountable, reports of police using genocide suspect Venant Rutunga was excessive and at times lethal force, including extradited from the Netherlands in July. In in implementing Covid-19 restrictions, September, two investigating judges in Paris continued. ordered that Philippe Hategekimana be tried in France for genocide and crimes against 1. Rwanda: Ensure Remedy after Fair Trial Violations in Paul humanity among other crimes. In October, Rusesabagina Case (Index: AFR 47/4753/2021), 20 September genocide convict Oswald Rurangwa was 2. “Pegasus Project: Rwandan authorities chose thousands of activists, deported from the USA to Rwanda. journalists and politicians to target with NSO spyware”, 19 July Théoneste Bagosora, a former army colonel, 3. Rwanda: Consideration of UPR Reports (Index: AFR 47/4370/2021), 9 died in September in Mali where he was July serving a 35-year sentence for his role in 4. Rwanda: Call for Independent Investigation into Rwandan Singer masterminding the genocide. Kizito Mihigo’s Death (Index: AFR 47/3799/2021), 8 March ENFORCED DISAPPEARANCES Rwanda backtracked on its previous SAUDI ARABIA commitments and rejected recommendations received during the Universal Periodic Kingdom of Saudi Arabia Review (UPR) process to ratify the Head of state and government: Salman bin Abdulaziz Convention against Enforced Disappearance. Al Saud During two previous UPR reviews, it first supported and then provisionally supported The crackdown continued on the rights to 3 recommendations to ratify the Convention. freedom of expression, association and Suspected enforced disappearances were assembly. The Specialized Criminal Court reported and disappearances from previous handed down heavy prison terms to years remained unresolved. In May, individuals for their human rights work and Rwandan asylum seeker and former radio expression of dissenting views. Among Amnesty International Report 2021/22 316

those arbitrarily detained, prosecuted or government or opinions contrary to those of sentenced were human rights defenders, the government about socio-economic or government critics and other political political developments in the country. The activists. Women human rights defenders SCC sentenced people to heavy prison terms were subjected to judicially imposed travel for their human rights work and expression of bans following conditional release from dissenting views, including on Twitter. It also prison. Courts resorted extensively to the imposed restrictive conditions on individuals death penalty and people were executed for released after serving their sentences, a wide range of crimes. Migrant workers including travel bans and ordering the continued to be vulnerable to abuse and closure of their social media accounts. exploitation under the country’s sponsorship In March, the SCC increased by a total of system, and tens of thousands were three years the 14-year prison sentence that arbitrarily detained and subsequently Mohammad al-Otaibi, a founding member of deported. Prison authorities violated the the Union for Human Rights, an independent right to health of human rights defenders human rights organization, was already and others imprisoned after grossly unfair serving. His sentence was based solely on his trials. human rights work, including forming a BACKGROUND human rights organization. In April, the SCC sentenced Abdulrahman In January, the foreign minister announced al-Sadhan, who works at the Saudi Arabian an end to the rift that had pitted Saudi Red Crescent Society in the capital Riyadh, to Arabia, Bahrain and other states against 20 years in prison and a subsequent travel Qatar since 2017, and that Saudi Arabia ban of equal duration. The evidence would restore diplomatic ties with Qatar. presented against him consisted of satirical In July, the European Parliament strongly and critical tweets about the government’s condemned the ongoing use of the death economic policies and form of governance, penalty in cases of child offenders and called for which he was charged with, among other for the immediate and unconditional release things, “preparing, storing and sending what of human rights defenders. On 27 would prejudice public order and religious September, Saudi Arabia and the EU had values” and “offending state institutions and their first human rights dialogue, which was officials and spreading false rumours about held in Brussels, Belgium. The EU expressed them”. its concerns about freedom of expression in HUMAN RIGHTS DEFENDERS Saudi Arabia and raised several cases of individual Saudi human rights defenders. Human rights defenders continued to be The Saudi Arabia-led coalition in the long- detained arbitrarily, sentenced after grossly running armed conflict in Yemen continued unfair trials or silenced following conditional to be implicated in war crimes and other release. serious violations of international law (see In February, prominent women human Yemen entry). rights defender Loujain al-Hathloul was conditionally released after serving her prison FREEDOM OF EXPRESSION AND term.1 In June, women human rights ASSOCIATION defenders Nassima al-Sada and Samar Following a brief lull in prosecutions of Badawi were also conditionally released. The human rights defenders and dissidents conditions imposed included judicially during the G20 summit chaired by Saudi imposed bans on travel, public speaking, Arabia in November 2020, the authorities resumption of human rights work and use of resumed punitive trials, particularly before social media, which violate their rights to the Specialized Criminal Court (SCC), of freedom of expression, association and anyone who expressed views critical of the Amnesty International Report 2021/22 317

peaceful assembly in the country and MIGRANTS’ RIGHTS freedom of movement outside the country. The Ministry of Labour introduced limited Between January and July, the SCC unjustly reforms to its sponsorship (kafala) system in sentenced five human rights defenders to March, easing restrictions on some migrant prison terms ranging from six to 20 years. workers in relation to transferring jobs without Some of them had recently finished serving the permission of their employers under lengthy prison terms from previous cases on certain conditions. The conditions include similar charges related to their peaceful non-payment of salary for three consecutive exercise of human rights.2 For example, in months; expiry of the employee’s work April, the SCC sentenced Mohammad al- permit; and when an employer fails to attend Rabiah, a human rights defender, writer and two litigation hearings if a labour dispute has outspoken advocate for women’s rights, to six arisen. The reforms also include allowing years in prison to be followed by a six-year migrant workers to request an exit permit travel ban when he had already served without the permission of their employer, but almost three years in prison after his May did not abolish the exit permit. Under these 2018 arrest as part of the crackdown on conditions, migrant workers continued to be women human rights defenders. tied to their employers, who retained DEATH PENALTY considerable control over their rights and freedom of movement. Domestic migrant In January, the authorities announced major workers continued to be excluded from reforms in relation to the death penalty, protections under the country’s labour law. including a moratorium on executions for Throughout the year, the authorities drug-related crimes, but took no formal steps continued their crackdown on migrants to amend the Saudi Drugs and Narcotics accused of violating residential, border Control Law or clarify how the moratorium will security and labour regulations and laws take effect . through mass arbitrary arrests. The Ministry In February, in a positive development in of Interior announced that in November and the cases of Ali al-Nimr, Abdullah al-Zaher December alone, at least 117,000 men and and Dawood al-Marhoun, three young men women were arrested for violating these arrested as children, the SCC commuted regulations, and over 2,400 individuals – their death sentences and re-sentenced them most of them Ethiopian and Yemeni migrants to 10-year prison terms inclusive of time – were arrested for crossing the border into served.3 The re-sentencing followed an order Saudi Arabia without valid visas. Some by the public prosecutor in August 2020 to 73,000 men and women were subsequently review the death sentences of the three men. deported to their home country. Ali al-Nimr and Abdullah al-Zaher were In April, Amnesty International documented released in October and November, the detention of at least 41 Sri Lankan respectively, after finishing 10-year prison women, all migrant domestic workers, for up terms. to 18 months at the Exit 18 Deportation The judiciary resumed handing down Detention Centre in Riyadh, awaiting discretionary (ta’zir) death sentences against repatriation. Many of the women had been individuals convicted of crimes not detained due to their migration status under punishable by death under sharia (Islamic the kafala system. Reasons included expiry of law). On 15 June, the authorities executed their work permit, their employer’s failure or Mustafa al-Darwish, a young Saudi Arabian refusal to obtain an exit permit, and their man from the Shi’a minority who was attempted escape from an abusive employer convicted of charges related to his alleged to travel back to their countries without an participation in violent anti-government exit permit. Following international and protests.4 national attention, all the women were 5 repatriated by May. Amnesty International Report 2021/22 318

In July, a state-aligned media outlet one case, Mohammad al-Qahtani, a human announced that Qiwa, a platform run by the rights defender and founding member of the Ministry of Human Resources, had set a now disbanded Saudi Civil and Political maximum quota for the hiring of Indian, Rights Association (ACPRA), was detained Bangladeshi, Yemeni and Ethiopian incommunicado and was not allowed to nationals. While this decision stated that it speak to his family for 14 days after he tested only applied to newly hired workers, or positive for Covid-19 in April.6 workers who had shifted their permits to new Individuals in urgent need of medical care entities, Reuters and Human Rights Watch continued to be imprisoned without adequate reported that the Saudi authorities had medical attention or treatment. effectively terminated contracts or stopped Mohammad al-Khudari, an 83-year-old renewing the contracts of tens of Yemenis Palestinian man and retired surgeon, already employed in institutions in the politician and writer, whose health was country. deteriorating in prison, was deprived of adequate medical treatment for multiple WOMEN’S AND GIRLS’ RIGHTS health issues, including cancer, On 8 February, Crown Prince Mohammad bin incontinence, herniated discs, bone fragility Salman announced on Saudi Arabia’s official and general frailty. The SCC sentenced him press agency major legislative developments, on 8 August to 15 years in prison (with half of including a new personal status law. The the term suspended because of his age) after authorities made no further announcements a mass trial that included his son. The regarding this legislative reform and it sentence was reduced following an appeal remained unclear when the new law would session on 28 December to six years in come into effect. Women continued to face prison (with a three-year suspension). The serious discrimination in marriage, divorce, trial was marred by serious due process 7 inheritance and child custody. violations. In May, a state-aligned media outlet Religious cleric Salman Alodah remained in reported that the Shura Council renewed solitary confinement since his arrest in discussions to amend the nationality law to September 2017. According to his son, his give permanent residency, without any fee or health had deteriorated in detention, leading lengthy procedures, to the children of Saudi him to lose part of his vision and hearing. Arabian women married to foreign nationals. Charged with offences punishable by death, RIGHT TO HEALTH Salman Alodah had faced over 10 trial sessions since his trial began in August As of September, according to the Ministry of 2018, including three sessions in 2021 Health, at least 42 million doses of Covid-19 alone, all of which were postponed for vaccines had been administered. According months with no clear reason given, exacting a to Reuters, this represented about 61% of huge mental and emotional toll on him and the country’s population, assuming each his loved ones. person had received two doses. DEATH IN CUSTODY A state-aligned media outlet reported that as of April, about 68% of detainees in state In October, cleric Musa al-Qarni was attacked security prisons had been vaccinated against and killed in detention by another inmate in Covid-19, and that work to vaccinate the his cell in Dhahban prison near Jeddah. remaining prisoners who had consented was According to sources, his face, skull and ribs ongoing. In cases where prisoners tested were smashed and fractured, and he positive for Covid-19, prison authorities suffered bleeding in the brain. The authorities isolated them in individual cells. However, failed to carry out an investigation into his 8 prisoners were also denied contact with their death. families for the duration of their isolation. In Amnesty International Report 2021/22 319

RIGHT TO PRIVACY The authorities arbitrarily detained In July, the Pegasus Project investigation opposition and civil society figures, revealed the leak of 50,000 phone numbers disrupted the internet, and shut down TV of potential surveillance targets of NSO stations. Security forces fired at protesters. Group’s Pegasus spyware, including those of The right to health was undermined in the Saudi journalists, human rights defenders context of the Covid-19 pandemic. Forced and relatives of dissidents. Amnesty evictions continued. International’s forensic evidence confirmed ARBITRARY DETENTION that family members of Saudi journalist Jamal Khashoggi were targeted with Pegasus In January, Boubacar Seye, president of the software before and after his murder in NGO Horizons Sans Frontières, was arbitrarily Turkey on 2 October 2018 by Saudi detained on his arrival at Dakar airport. He operatives, despite repeated denials by NSO was charged with “disseminating fake news”; Group. Pegasus spyware was installed on the this was because of an October 2020 phone of Jamal Khashoggi’s fiancée Hatice interview, in which he denounced the lack of Cengiz four days after his murder. His wife, transparency in the government's use of Hanan Elatr, was repeatedly targeted with the funds provided by the EU for programmes on spyware between September 2017 and April youth employment and fighting irregular 2018, and his son Abdullah was also migration to Europe. He was provisionally 9 selected for potential targeting. released after 20 days. In February, the government arbitrarily 1. “Saudi Arabia: Release of women’s rights defender Loujain al- arrested several opposition and civil society figures who had been critical of the Hathloul long overdue”, 10 February 2. Saudi Arabia’s Post-G20 Crackdown on Expression: Resumption of government’s role in a criminal affair linked to Crackdown on Free Speech, Human Rights Activism and Use of the a rape accusation involving the opposition Death Penalty (Index: MDE 23/4532/2021), 3 August leader Ousmane Sonko, president of the 3. “Saudi Arabia: Withdrawal of death sentences for three Shi’a Pastef party (full name: Pastef-Les Patriotes). activists arrested as teenagers a welcome move”, 8 February Among people arrested were members of the 4. Saudi Arabia: Further Information: Young Saudi Executed After Pastef party, including Birame Souleye Diop Grossly Unfair Trial: Mustafa al-Darwish (Index: MDE 23/4453/2021), and Abbas Fall, accused of “criminal 14 July conspiracy and complicity in the 5. “Saudi Arabia: Dozens of Sri Lankan women wrongfully detained for dissemination of content contrary to good months due to abusive kafala system”, 15 April morals, threat of assault and violence”. 6. “Saudi Arabia: Fears for health of imprisoned human rights defender Seventeen female Pastef militants, including held incommunicado”, 16 April their leader Maimouna Dieye, were also 7. Saudi Arabia: 83-Year-Old Detainee Needs Urgent Medical Care: Dr. arrested and detained in Rebeuss prison Mohammed al-Khudari, Dr. Hani al-Khudari (Index: MDE 23/4758/2021), 22 September despite not being accused or charged with 8. Saudi Arabia: Impunity for Cleric Death in Custody Illustrates any criminal offence. The activist Guy-Marius Disregard for Prisoner Rights (Index: MDE 23/5105/2021), 15 Sagna was also arrested and accused of December “criminal conspiracy”, “participating in an 9. “Massive data leak reveals Israeli NSO Group’s spyware used to insurrection” and “threatening to disturb target activists, journalists, and political leaders globally”, 18 July public order” after he accused the police of torture and other ill-treatment of supporters SENEGAL of the Pastef party arrested in February. They were all freed in April. Ousmane Sonko was also arbitrarily detained in March accused of Republic of Senegal disturbing public order, while, accompanied Head of state and government: Macky Sall by his militants, he was on his way to court, responding to a summons for the rape allegations. He was freed six days later. Amnesty International Report 2021/22 320

EXCESSIVE USE OF FORCE and lead to criminal charges against the Fourteen people, including three children, organizers. were killed in March when security forces RIGHT TO HEALTH used live ammunition to disperse nationwide protests – some of which had turned violent – Beginning in March, Senegal rolled out its in Dakar, Bignona, Kaolack and Diaobé, Covid-19 vaccination campaign, with the following the arrest and detention of support of COVAX. A shortage of vaccines in Ousmane Sonko. At least 400 people were July coincided with a new wave of Covid-19, injured. and a 44% increase in cases. During the protests in Dakar, armed people As of December, 1.9 million Covid-19 were seen operating in support of the police vaccinations had been administered, with and attacking protesters in several 593,000 individuals fully vaccinated, neighbourhoods. The Senegalese representing 5.6% of the population. government described these individuals as police officers wearing civilian clothes. DETAINEES’ RIGHTS The independent commission announced The health of detainees was seriously put at by the authorities in April to investigate the risk by prison overcrowding. The system violent incidents during the protests had not implemented by the prison authorities to been put in place. The president announced monitor Covid-19 cases led to overcrowding in December that a judicial investigation had in the CapManuel prison in Dakar, with been opened. detainees unable to even lie down. This FREEDOM OF EXPRESSION AND prison was indeed chosen by the authorities ASSEMBLY to receive all new detainees, as a triage and quarantine facility, before they were In March, the national broadcasting regularity eventually dispatched to other detention authority suspended Walf TV and Sen TV for facilities. 72 hours because of their live broadcasts of FORCED EVICTIONS the protests, which it described as “incitement to violence” and “irresponsible Rural communities continued to challenge coverage”. Protesters also vandalized their forced evictions, which were carried out property belonging to the Groupe Futurs to make room for business interests. In Media press holding and the newspaper Le Dougar (a city to the east of Dakar), 21 Soleil for their perceived association with the people were arrested in May during protests government. against the allocation of 72 hectares of land In the same month, the authorities to a private company. According to the disrupted access to the internet and social communities affected, the XOF100 million media ahead of a planned protest in Dakar. (US$178,000) compensation offered, based In June, the National Assembly amended on a 1973 compensation scale, did not the terrorism-related chapters of the Criminal reflect the current cost of living. Code and the Code of Criminal Procedure, in WORKERS’ RIGHTS a move that seriously restricted the rights to freedom of expression and peaceful In August, the authorities warned private assembly. Terrorism, which has an overly employers against suspending and firing broad definition, encompassed acts linked to workers who were not vaccinated against disturbing public order, criminal association, Covid-19, calling such measures infractions linked to new technologies of discriminatory. information and communication, and “incitement to terrorist acts”. Protests that LGBTI PEOPLE’S RIGHTS turn violent could fall under this definition There were several public physical attacks against LGBTI people in Dakar and Amnesty International Report 2021/22 321

Ziguinchor during the year, many of them Court, mostly based on indictments videoed by the attackers. In May, several transferred from the Bosnia and Herzegovina conservative groups organized a large protest (BiH) state prosecutor, held Bosnian Serb in Dakar, calling for the criminalization of defendants accountable for war crimes, homosexuality in Senegal’s Criminal Code. including torture, murder, rape and sexual exploitation. Proceedings related to CHILDREN’S RIGHTS Srebrenica and Štrpci were delayed for over a Senegal failed in its obligation to protect year. children from ill-treatment. Hundreds of In January, the Court of Appeal acquitted thousands of Quranic students continued to two defendants accused of the inhumane be forced to beg for their sustenance, despite treatment, torture and murder of 69 civilians, the existence of a 2005 law against forced and the wounding of 12 in Lovas, Croatia, begging and child trafficking, and a 2018 bill and reduced the sentences of six others to to modernize Quranic teaching. below the legal minimum. In September, the same court upheld judgments awarding compensation to the SERBIA families of 193 prisoners of war and civilians murdered by the Yugoslav Army at Ovčara, Republic of Serbia Croatia, in 1991. However, compensation fell Head of state: Aleksandar Vučić below levels awarded at the European Court Head of government: Ana Brnabić of Human Rights. In August, following retrial, the International There was negligible progress in bringing to Residual Mechanism for Criminal Tribunals justice those suspected of criminal sentenced former state security officials responsibility for past crimes under Jovica Stanišić and Franko Simatović to 12 international law. Police enjoyed impunity years’ imprisonment for aiding and abetting for ill-treatment. Media workers and NGOs murder as a war crime; and for murder, were attacked by the government and pro- deportation, forcible transfer and persecution government media. Discrimination against as crimes against humanity in BiH in April women, Roma and other ethnic minorities, 1992. LGBTI people and the socially vulnerable ENFORCED DISAPPEARANCES was widespread. BACKGROUND In April, the Croatian president cautioned that Serbia needed to clarify the fate of missing The Serbian Progressive Party (SNS) Croats before joining the EU. Only seven strengthened its power in parliament, with no bodies of persons missing from Kosovo were effective opposition to curtail its dominance. returned, and neither party opened their The EU-US sponsored dialogue on Serbia’s military archives, as requested by families of normalization of relations with Kosovo stalled the missing in 2020. after resuming in June. Tensions rose in TORTURE AND OTHER ILL-TREATMENT September when Kosovo enforced their prohibition on Serbian number plates. In July, the Belgrade Centre for Human RIGHT TO TRUTH, JUSTICE AND Rights reported no progress in criminal REPARATION complaints by 40 people injured by police during demonstrations in July 2020, due to The European Commission in October the police’s failure to identify the officers contrasted Serbia’s weak record in responsible. addressing impunity against the support and In December the UN Committee against privileges the state afforded to convicted war Torture urged the authorities to implement criminals. Prosecutions at Belgrade High legal safeguards protecting detainees’ rights Amnesty International Report 2021/22 322

and to end impunity for torture and ill- funding for support services for victims of treatment by ensuring all complaints were violence until 2024. independently investigated. Several allegations of sexual abuse or FREEDOM OF ASSEMBLY harassment were made by girls and women against men in senior political, educational or A draft internal affairs law was withdrawn in professional positions. While some criminal September following concerns about its investigations were opened, there were no potential impact on the rights to protest and convictions. privacy. In October, the requirement for advance notification for holding assemblies REFUGEES’ AND MIGRANTS’ RIGHTS was increased to 20 days under a new Over 39,675 migrants and refugees environmental law regulating noise levels. In (predominantly from Afghanistan and Syria) November police used excessive force entered Serbia, of whom 2,306 expressed against environmental protesters. their intention to seek asylum. Some 158 FREEDOM OF EXPRESSION applied, yet out of 65 substantive decisions by the end of November only six people NGOs and independent media were vilified received refugee status and six subsidiary by politicians and media close to the protection, including two relatively high- government. In March, Aleksandar profile figures. Martinović, SNS parliamentary leader, Investigative journalists alleged that state accused the CRTA – an NGO monitoring the officials were complicit in smuggling parliament – of involvement in an earlier migrants. coup and attempted murder of President In January, the Constitutional Court Vučić. In August, when the government concluded that in 2017 police had intensified its campaign against NGOs and inhumanely treated 17 Afghan nationals, who independent media, over 70 organizations had already registered their intention to seek called on the Ministry of Human Rights for asylum when police pushed them back into protection. In October-November NGO Bulgaria. Women in Black’s offices were twice spray- In mid-December UNHCR, the UN refugee painted with misogynist and nationalist agency, reported 210 pushbacks into North graffiti. Macedonia from Serbia, (probably an JOURNALISTS AND MEDIA WORKERS underestimate) and 27,892 collective In March, five media organizations left the expulsions from EU countries (Hungary, Working Group for the Security and Croatia and Romania) and BiH into Serbia. Protection of Journalists following RIGHT TO HOUSING government-orchestrated campaigns against independent media, including accusations Following a complaint by the A11 Initiative, that the Crime and Corruption Reporting an NGO, and six Romani people forcibly Network (KRIK) was complicit with organized evicted in 2019 from an informal settlement crime. Four former state security officials in Vinca, Belgrade, the European Bank for were convicted in December for their part in Reconstruction and Development agreed to the murder of journalist Slavko Čuruvija in facilitate negotiations with the city authorities 1999. to ensure their rights, including to affordable VIOLENCE AGAINST WOMEN AND GIRLS alternative housing. In March, a homeless couple successfully Thirty women were killed, 20 through family appealed against a fine imposed for breaking or partner violence; five deaths were still to the Covid-19 curfew. During the pandemic, be investigated. NGOs expressed concern shelters were closed and some homeless that the new Law on Gender Equality delayed people were sentenced to 50 days’ imprisonment. Amnesty International Report 2021/22 323

RIGHT TO HEALTH Sierra Leonians denounced poor sanitation In October, cases of Covid-19 rose in hospitals, and maternal and infant dramatically; human rights organizations mortality rates were high. continued to urge the government to act to BACKGROUND protect the right to physical and mental health. In many cases unvaccinated In January, 246 prisoners, including political employees were forced to work indoors opponent Alfred Paolo Conteh, were released without face-coverings. following a presidential pardon. Restrictive Environmental activists highlighted the measures used to control the Covid-19 detrimental health impacts of coal-fired pandemic intensified. Sierra Leone accepted power plants and a copper mine run by a 216 of 274 recommendations made under Chinese company, and the development of a the UN Universal Periodic Review (UPR) lithium mine by Rio Tinto. process. LGBTI PEOPLE’S RIGHTS DEATH PENALTY The draft law on same-sex partnership, On 23 July, parliament voted unanimously to opposed by the president, was not adopted. abolish the death penalty for all crimes and The draft allowed the registration of same-sex passed the Abolition of the Death Penalty Bill, partnerships and afforded a range of rights which was signed by the president on 8 but prohibited others, including the right to October. adoption. The September Pride called for its EXCESSIVE USE OF FORCE introduction, action against hate crimes and hate speech, and progress in gender On 12 April, students at the Institute of recognition. In October, the Commissioner for Public Administration and Management the Protection of Equality called on local participated in a protest against the authorities to implement gender recognition institution’s release of an incomplete regulations. graduate list which omitted hundreds of IRRESPONSIBLE ARMS TRANSFERS would-be graduates. The police violently dispersed protesters, beating and stripping a In August, armed groups operating in the woman of her shirt. Sahel were observed with Serbian small arms Three days later, a police officer shot dead a and light weapons, highlighting the high risk young man in Hastings over a private land of diversion of Serbia’s ongoing arms’ dispute. Following an internal investigation, 1 transfers to Burkina Faso. five officers were dismissed and the officer who fired the gun was arrested and charged 1. “Sahel: Amnesty identifies Serbian weapons in stockpiles of brutal with murder. Recommendations to strengthen the armed groups”, 24 August Independent Police Complaints Board went before the ministry of internal affairs as the SIERRA LEONE basis for a proposed Act of Parliament to regulate police violence. Republic of Sierra Leone FREEDOM OF EXPRESSION Head of state and government: Julius Maada Bio During the UPR process, the government The president signed the Abolition of the accepted a recommendation to enact a law to Death Penalty Bill into law. The police used protect human rights defenders. By the end excessive force against protesters and other of the year, the legislative process to do so people. The government failed to protect had not yet started. the rights of LGBTI people. Sexual and gender-based violence remained prevalent. Amnesty International Report 2021/22 324

With a limited number of oxygen plants in LGBTI PEOPLE’S RIGHTS Consensual sexual relations between men the country, hospitals struggled to respond to remained a criminal offence under the the third Covid-19 wave. By the end of Offences Against the Person Act and carried September, more than 396,505 adults had a maximum penalty of life imprisonment. received their first Covid-19 vaccine and LGBTI people continued to face more than 89,902 had received a second discrimination and stigma and the dose. government rejected all recommendations Mental health services failed to meet the made during the UPR process to protect their needs of those suffering trauma from the rights and dignity. recent conflict, and of Ebola survivors who lived with the after-effects of the virus. A lack WOMEN’S AND GIRLS’ RIGHTS of government spending, insufficient donor Early and forced marriage and female genital support and a shortage of skilled mental mutilation (FGM) were still prevalent. health professionals, among other factors, According to a Save the Children report prevented them from receiving adequate published in March, Sierra Leone had the care. There were only two practising 18th highest child marriage rate in the world. psychiatrists and a visiting psychiatrist to 1 The report also stated that girls often join serve the entire population. secret societies upon puberty, such as the ENVIRONMENTAL DEGRADATION “Bondo Society”, where FGM is part of the In July, a report by the special select initiation process. committee tasked by parliament to The Rainbo Initiative, a national organization investigate alleged contamination of the Taia/ fighting sexual violence, recorded 1,691 Jong River disclosed that water pollution had cases of sexual and gender-based violence, been caused by extensive mining activities mostly against women, of which 1,522 were along the Pampana River and its tributary sexual assault cases and 169 were physical streams in Tonkolili District, and Hugy River assaults, in the cities of Freetown, Bo, in Valunia Chiefdom, Bo District, which finally Makeni, Kenema and the district of Kono emptied into the Taia/Jong River. The report between January and June. In July, the further revealed that the mining activities had minister of gender and children’s affairs an adverse impact on farming, fishing and reaffirmed the government’s commitment to drinking water supplies. Seventeen deaths end such violence by 2030. were caused by waterborne diseases. The In October, the government introduced the committee recommended that all artisanal Gender Empowerment Bill in parliament and illegal mining activities in the region be which aimed to increase women’s access to put on hold. finance and to reserve 30% of parliamentary seats and cabinet positions for women. 1. Sierra Leone: “They Are Forgetting About Us”: The Long-Term Mental RIGHT TO HEALTH Health Impact of War and Ebola in Sierra Leone (AFR 51/4095/2021), 25 May Maternal and infant mortality rates remained high. Sierra Leonians used social media to denounce the lack of sanitation in two of the SINGAPORE main public hospitals in Freetown, Connaught Hospital (the main referral Republic of Singapore hospital) and the Princess Christian Maternity Head of state: Halimah Yacob Hospital (PCMH). On 13 April, junior doctors Head of government: Lee Hsien Loong announced a strike, demanding, among other things, a clean working environment at Defamation suits and repressive laws were the Connaught Hospital and a running water used against human rights defenders and supply for PCMH. government critics resulting in steep fines Amnesty International Report 2021/22 325

and prison sentences. A new law further Covid-19 restrictions continued to confine limited rights to freedom of expression, low-income migrant workers to cramped peaceful assembly and association. dormitories and workplaces. In November, FREEDOM OF EXPRESSION the UN CERD Committee reviewed the government’s report and recommended Political leaders continued to use defamation stronger protections for migrant workers, suits to silence critics. In February, blogger including female domestic workers. and activist Leong Sze Han was ordered to pay SGD133,000 (US$99,000) in damages LGBTI PEOPLE’S RIGHTS after being sued by the Prime Minister. Leong In January, a transgender student alleged Sze Han had shared a news article on social that the Ministry of Education prevented her media linking Lee Hsien Loong to a from receiving prescribed hormone corruption scandal. In September, Terry Xu replacement therapy. Three students, who and Rubaashini Shunmuganathan from the were arrested in January for protesting independent news site,The Online Citizen, against discrimination against LGBTI+ people were also found guilty of defamation against in schools, were released on bail. In the Prime Minister and ordered to pay November, they and three others were issued SGD210,000 (US$156,138). Later that with police warnings for staging a protest month, The Online Citizen was forced to without a permit.3 close its website and social media accounts DEATH PENALTY after the government accused it of failing to declare its funding sources. In November, There was international outcry against the Terry Xu and Daniel de Costa were found planned execution in November of Malaysian guilty of defamation against cabinet members national Nagaenthran Dharmalingam who and were awaiting sentencing at year’s end. was sentenced to the mandatory death In October, parliament passed the Foreign penalty for drug trafficking. He was assessed Interference (Countermeasures) Act (FICA) to have intellectual disabilities. His appeal 4 giving the government sweeping new powers, was still pending at year’s end. including to remove or block access to online content if “foreign interference” is suspected. 1. “Singapore: Foreign interference law is a tool for crushing dissent”, 5 The law also introduced harsh penalties for October media outlets and others considered as 2. “Singapore: Quash conviction and sentence of human rights defender 1 “foreign agents”. Jolovan Wham”, 15 February FREEDOM OF ASSEMBLY 3. Singapore: Cease Investigation of Peaceful Activists and Respect Transgender Rights (ASA 36/3643/2021), 8 February In February, human rights defender Jolovan 4. “Singapore: Halt ‘despicable’ and unlawful execution of Malaysian Wham was convicted of breaching the Public national”, 4 November Order Act and the Vandalism Act for peaceful protests in 2017 against violations of human 2 rights. He served 22 days in prison. In SLOVAKIA August, Jolovan Wham appeared in court again on charges related to an incident in Slovak Republic 2018 when he took a photo of himself Head of state: Zuzana Čaputová holding a poster outside a court where Terry Head of government: Eduard Heger Xu and Daniel de Costa were on trial. The authorities continued to impose MIGRANTS’ RIGHTS mandatory quarantines on Roma A woman was sentenced to 30 years’ settlements in response to Covid-19. There imprisonment in June for starving, torturing were ongoing concerns over an investigation and killing her domestic worker in 2016. into excessive use of force against Roma Amnesty International Report 2021/22 326

people. Parliamentarians attempted to EXCESSIVE AND UNNECESSARY USE OF FORCE adopt amendments that would restrict In April, the European Court of Human Rights access to abortion. Slovakia had not yet ruled in M.B. and Others v. Slovakia that ratified the Istanbul Convention. Slovakia had failed to investigate allegations BACKGROUND that police officers ill-treated six Roma boys in a police car after arresting them in 2009 in In April, the Constitutional Court decided to the city of Košice. carry out an inquiry into the lawfulness of the In May and June, the District Court in restrictions of the right to liberty during the Košice terminated the criminal proceedings Covid-19 pandemic. against five out of six Roma who had lodged DISCRIMINATION complaints about ill-treatment during a police operation in Moldava nad Bodvou in 2013. The authorities subjected Roma to The police claimed that the men had falsely widespread discrimination. accused them of wrongdoing. In December, RIGHT TO HEALTH the District Court also terminated the The authorities continued to impose proceedings also against the sixth quarantines on Roma settlements, raising complainant. In June, the government concerns over proportionality and lack of apologized for the human rights violations adequate socio-economic support. Regional during the police action but provided no health authorities in several parts of Slovakia justice or reparations to the Roma victims. introduced mandatory quarantines in dozens RIGHT TO EDUCATION of Roma settlements after some of the In April, the NGO eduRoma published a residents tested positive. The quarantines report estimating that as many as 70% of were enforced by the police. On 23 February, Roma children in Slovakia did not participate the Government Plenipotentiary for Roma in remote online learning during the first Communities raised concerns over the wave of the Covid-19 pandemic in 2020. A widespread practice of mandatory lack of internet access was one of the key quarantines. The authorities failed to carry factors that hindered home schooling. out an adequate assessment whether these Slovakia continued to face infringement were proportionate or necessary. In proceedings initiated by the European December, the Constitutional Court declared Commission for systematically discriminating the law providing for mandatory quarantines against and segregating Roma children in unconstitutional, due to the lack of limits to education, breaching the EU’s equality restrictions on human rights. legislation. Throughout the year, there were concerns FORCED STERILIZATIONS over unequal access of Roma to Covid-19 In June, Roma women who had been victims vaccines, resulting in low vaccination rates in of unlawful sterilizations met parliamentarians Roma settlements. By the end of August, to urge the state to ensure justice and only 7% of residents of Roma settlements remedy for the harm they had suffered. The had been vaccinated against Covid-19, Public Defender of Human Rights and the compared to 43% of general population. Centre for Civil and Human Rights NGO Before April, when an amendment to the law reiterated the call for adequate entered into force, foreigners and people with compensation. In November, the government arrears on health insurance had not been officially apologized for the unlawful eligible for Covid-19 vaccines. This sterilization of thousands of Roma women. disproportionately affected people from However, it had yet to put in place an disadvantaged socio-economic backgrounds, effective compensation mechanism. including Roma. Amnesty International Report 2021/22 327

GENDER-BASED VIOLENCE were summarily returned to neighbouring Ten years after signing the Council of Croatia, based on a bilateral readmission Europe’s Istanbul Convention on Violence agreement, enabling informal returns which Against Women, Slovakia had still not ratified circumvent the usual asylum procedures. it. Drawing on the data of helplines for victims The Ombudsman’s Office criticized the of domestic violence, a report by the Institute practice, saying that it deprived people of for Labour and Family Research highlighted legal remedies to address potential human an increase in cases during the Covid-19 rights violations. pandemic. In 2020, there was a 49% In April, the Supreme Court upheld the increase in calls to helplines in comparison earlier Administrative Court ruling that the with 2019. authorities violated the right of a In April, the prime minister allocated €3 Cameroonian national to seek asylum when million to centres for victims of domestic he was deported without formal procedure to violence to increase the financing of shelters. Croatia and then on to Bosnia and SEXUAL AND REPRODUCTIVE RIGHTS Herzegovina. Courts in Italy and Austria also found that Slovenia’s practice of expelling In June and November, parliamentarians asylum seekers based on bilateral unsuccessfully attempted to adopt agreements was in breach of international amendments that would restrict access to law and subjected the victims to so-called abortion. The proposals, which were rejected chain pushbacks, which resulted in people by parliament, aimed to restrict access to being further expelled to Croatia and Bosnia legal abortion. and Herzegovina. In December, two people trying to cross to Slovenia drowned in the REFUGEES’ AND MIGRANTS’ RIGHTS Dragonja river, including a ten-year-old In August, Slovakia announced that it would Kurdish girl from Turkey. only accept 10 Afghan evacuees. The party Changes to the Law on Foreigners and the leaders of the government coalition stated Law on International Protection were adopted that the country would not be open to accept in March, further restricting asylum seekers’, a “larger number” of refugees. refugees’ and migrants’ access to protection and rights, and allowing the possibility of complete border closure in case of a SLOVENIA “complex migration crisis”. NGOs argued that the amendments violated Slovenian and EU Republic of Slovenia law and put people at risk of torture. Head of state: Borut Pahor VIOLENCE AGAINST WOMEN AND GIRLS Head of government: Janez Janša In June, the Slovenian Parliament adopted Asylum seekers were denied access to amendments to the Criminal Code that asylum and forcibly returned to Croatia. The recognized that sex without consent is rape, definition of rape in the Criminal Code was bringing the legislation in line with brought into line with international international law and standards.1 Under the standards. Media freedom deteriorated. new law, coercion, or the use or threat of Freedom of peaceful assembly was further force, will no longer be required as conditions restricted. for the crime to be considered rape. REFUGEES’ AND MIGRANTS’ RIGHTS RIGHT TO HEALTH Slovenia continued to deny access to asylum In December, the parliament adopted the law to potential asylum seekers irregularly on long-term care for older people to address entering the country. The vast majority of insufficient care services for the growing people apprehended on Slovenian territory elderly population. Amnesty International Report 2021/22 328

In June, the Constitutional Court declared as unconstitutional the parts of the 1. Slovenia: Recognition that sex without consent is rape is a “historic Communicable Diseases Act that the victory for women”, 4 June government had used as a basis for imposing restrictive measures during the Covid-19 SOMALIA pandemic, and gave parliament two months to amend the act. The proposed Federal Republic of Somalia amendments failed to gain the necessary Head of state: Mohamed Abdullahi Mohamed majority in parliament in July, leaving the (Farmaajo) unconstitutional legal provision in force for Head of government: Mohamed Hussein Roble the time being. FREEDOM OF EXPRESSION, All parties to the armed conflict carried out ASSOCIATION AND ASSEMBLY indiscriminate attacks killing hundreds of civilians. The right to freedom of expression The prolonged blanket ban on public was suppressed; two journalists were killed assemblies, originally introduced in October and others were beaten, threatened, 2020 as part of the Covid-19 mitigation harassed and intimidated, and subjected to measures, remained, except for a 12-day arbitrary arrest. The government’s response hiatus, in place until 19 April. The authorities to the Covid-19 pandemic remained imposed heavy fines on protesters who defied inadequate and only 5.1% of the population the ban. In June, the Constitutional Court had been vaccinated by December; health ruled that the government’s decisions to workers were particularly exposed to prohibit public gatherings and limit the infection risks and suffered poor and unsafe number of protesters were unconstitutional working conditions. Hundreds of thousands and represented a disproportionate of people were displaced. In Somaliland, infringement of human rights. the authorities continued to censor critics Media freedom continued to deteriorate, and journalists and carried out large scale with journalists – particularly, female forced evictions and transfer of people in journalists – being the target of frequent Las Anod town. online harassment and threats, including by BACKGROUND the prime minister Janez Janša and other senior politicians. Government officials took Heightened political tensions between federal measures to weaken public media services authorities, regional authorities and by labeling them as “anti-government” or, in opposition leaders rose to new levels, leading case of the Slovenian Press Agency, by to the postponement of presidential and withholding their funding until November. parliamentary elections. Political infighting Slovenia’s ranking in the World Press between Somalia’s president and his prime Freedom Index dropped from 32nd in 2020 minister prevented the implementation of to 36th place. necessary judicial, constitutional and human Government officials also frequently rights reforms. Their public disagreement engaged in smear campaigns against NGOs about the apparent enforced disappearance and other critical voices. The Council of of a woman officer in the National Europe’s Human Rights Commissioner Intelligence and Security Agency (NISA) warned that the toxic and hostile environment threatened to create political divisions for media and civil society organizations had including within the security forces. a chilling effect on freedom of expression and In May, Somaliland held long-delayed human rights work. parliamentary and local council elections for 82 members of the House of Representatives and Councillors in 21 districts. On 5 June, the opposition won 52 of the 82 Amnesty International Report 2021/22 329

parliamentary seats, none of which were held ENFORCED DISAPPEARANCES by women, a fact which further undermined On 12 July, a woman announced in the women’s voices at the legislative level. media that her 25-year-old daughter, Ikran INDISCRIMINATE ATTACKS Tahlil Farah, an officer with the NISA, had been missing since 26 June when she was All parties to the armed conflict continued to abducted by unidentified people in a car commit crimes under international law with outside her residence in Mogadishu. The impunity. According to the UN there were family alleged repeatedly that NISA officers 536 civilian casualties (241 deaths and 295 were behind the abduction and injuries) between February and July, 68% of disappearance because she was taken from which were the result of indiscriminate a secure location near the heavily guarded attacks by the armed group Al-Shabaab, NISA headquarters, accessible only to while the rest were attributed to state security screened visitors and NISA personnel. On 2 forces, clan militias, and international and September, an announcement was made in regional forces including the African Union state media saying that Ikran Tahlil Farah had Mission in Somalia (AMISOM). been kidnapped and killed by Al-Shabaab, a Al-Shabaab launched repeated attacks claim immediately denied by the group. against civilians and civilian infrastructure, A public outcry prompted the prime including restaurants and hotels. The group minister to replace the NISA director, also carried out targeted killings of people following which the president appointed the with perceived links to the government, and former NISA director as his National Security journalists, among others. On 2 March, Al- Advisor. The prime minister referred the Shabaab members killed at least 20 people disappearance to the Military Court and injured 30 others in the popular Luul Prosecutor for investigation. On 21 Yemeni restaurant in the capital, Mogadishu, November, the Chief Prosecutor announced in a suicide car bombing. On 25 September, that preliminary investigations found no at least eight people were killed in another evidence that NISA was involved in Ikran such attack in Mogadishu. Among the dead Tahlil Farah’s alleged disappearance. was Hibaq Abukar, an adviser on women and FREEDOM OF EXPRESSION human rights affairs in the prime minister’s office. Two journalists were killed and others faced On 10 August, allegations emerged that beatings, threats, harassment and AMISOM soldiers had targeted and killed intimidation, arbitrary arrests and prosecution seven civilians in a retaliation attack against as a means to silence them. Al-Shabaab in Golweyn town, in the Lower On 22 February, Puntland police arrested Shabelle region. On 21 August, AMISOM said freelance journalist Ahmed Botan Arab in it constituted a Board of Inquiry to investigate Bosaso town after he posted interviews on the incident. On 21 October, the Board made Facebook showing Bosaso residents public its findings, admitting that “the seven commenting on the Puntland president’s people killed were civilians and the conduct speech about regional political developments of the personnel involved was in breach of and a stalemate on the implementation of an the AMISOM Rules of Engagement.” On 13 electoral agreement between regional and November, AMISOM announced that a federal leaders. He was detained at Bosaso Ugandan court martial in Mogadishu had police station and released two days later found five Ugandan soldiers guilty of the without charge after clan elders intervened. killings, two of whom were sentenced to On 1 March, independent journalist Jamal death and three to 39 years in prison, and Farah Adan was shot dead by unidentified that they would serve their sentences in armed men at a shop in Galkayo town, Uganda. Mudug region. Al-Shabaab claimed responsibility for the killing. Before his death, Amnesty International Report 2021/22 330

Jamal Farah Adnan said he had received according to government records, 15,294 anonymous threats and that an attempt had people had contracted the virus and 798 been made on his life by an Al-Shabaab people had died since the beginning of the member. On 6 March, the President of pandemic. However, given the limited testing Puntland said that the authorities had capacity, and under-reporting and registration arrested suspects in Galkayo and of deaths, the real figure was expected to be investigations into the circumstances of the much higher. Over the last four years, the killing were underway. The outcome of the budget allocated to health was on average investigations was not made public by the 2% as compared to the 31% devoted to the end of the year. security sector. On 20 November, radio journalist Abdiaziz The government’s response to the Mohamud Guled, also known as Abdiaziz pandemic was wholly inadequate. There was Africa, was killed in a suicide bomb attack, almost no capacity to test, treat and manage and two of his colleagues were injured. Al- Covid-19 cases and patients’ access to health Shabaab claimed responsibility for his killing. facilities remained severely limited. For much On 3 March, Kilwe Adan Farah, a freelance of the year, only one hospital in Mogadishu journalist, was sentenced to three months in handled all Covid-19-related cases across jail by a military court in Puntland. He had south-central regions, which lacked essential been arrested and detained in December medicines and basic equipment like 2020 by the Puntland Intelligence Agency, a ventilators and oxygen. From August, two day after he covered protests in Garowe town more hospitals, also in Mogadishu, were able against the government’s perceived to manage Covid-19 patients. Access to mismanagement of local currency. He was emergency transportation and ambulance charged with five offences, including services in Mogadishu and the regional states “publication of false news and bringing the was almost non-existent and the city had only nation or the state into contempt”. He was two ambulances which operated free of released from Garowe Central Prison on 22 charge for Covid-19 patients and served 1 March following a presidential pardon. nearly 3 million people. On 3 July, NISA officers in Balad Hawo Access to vaccines was severely limited. town, Gedo region, arrested Mohamud Only 5.1% of the population was fully Mohamed Sheikh also known as Lafagari, a vaccinated by December at which point journalist for the Star Media Network. The almost all the vaccines donated through next day, he was transferred to a detention COVAX and by China had been used. Limited facility in Dollow town where he was detained public awareness compounded by a lack of for three days and released without charge public information about the virus and without being provided with any contributed to people’s hesitancy to get explanation for his arrest and detention. vaccinated, even among health workers. On 5 September, a group of journalists HEALTH WORKERS covering a protest in Mogadishu were beaten Many health workers contracted Covid-19. and their equipment confiscated by Somali They faced multiple challenges during the Police Force officers. Following the incident, pandemic and put their own health and lives a video circulated on social media showed at risk. Some of them said they had not been police beating and dragging Bashir given enough appropriate training on Mohamud, a Goobjoog Media producer, handling Covid-19 patients and the impact along the ground. on their own health; they worked prolonged RIGHT TO HEALTH hours. In many cases, the payment of their salaries was delayed. The Covid-19 pandemic highlighted a range of pre-existing weaknesses in Somalia’s public healthcare system. By August, Amnesty International Report 2021/22 331

INTERNALLY DISPLACED PEOPLE’S related to his criticizing the president on RIGHTS Facebook. The impact of drought and floods driven by FORCED EVICTIONS AND TRANSFER OF POPULATION climate change, conflict and the loss of On 2 and 3 October, Somaliland authorities livelihoods exacerbated the protracted forcibly evicted, rounded up and transferred humanitarian crisis. In addition to more than over 7,000 men, women and children from 2.6 million people who were already internally Las Anod town and its surrounding areas in displaced in previous years, 573,000 people the Sool region to locations in Puntland. The fled their homes between January and Somaliland government said those targeted August, according to the UN. Of those, over for this exercise were “non-locals” from 70% were fleeing conflict, including around southern Somalia who posed a security threat 207,000 who were temporarily displaced in to Somaliland. Some of the families had lived Mogadishu due to election-related violence in in Las Anod for 20 years and have since lost April. Around 50% of all those displaced in their property, business assets and 2021 were women and girls who faced an livelihoods. According to the UN, the majority increased risk of sexual violence and of those displaced initially arrived in Galkayo, harassment. Humanitarian access to most of Puntland, most of whom proceeded to those affected was restricted because of Hirshabelle and Banadir in the South West insecurity, severely limiting their access to State, and were in need of urgent protection food, water, sanitation, housing and and humanitarian assistance. Somaliland healthcare. authorities neither gave notice to the families SOMALILAND nor allowed them to take their belongings with them. FREEDOM OF EXPRESSION Authorities in Somaliland severely restricted 1. Somalia: “We Just Watched Covid-19 Patients Die”: Covid-19 freedom of expression, particularly targeting Exposed Somalia's Weak Healthcare System but Debt Relief Can individuals perceived to be promoting unity Transform It (Index: AFR 52/4602/2021), 18 August with Somalia. The Human Rights Centre, a local human rights organization, reported that 42 individuals were arrested in Borama town, SOUTH AFRICA and 15 in Las Anod town, on 26 June and 16 July, respectively, for wearing outfits made Republic of South Africa from the Somali flag. They were released Head of state and government: Matamela Cyril without charge. Ramaphosa On 19 August, the authorities in Burao town arbitrarily arrested independent journalist Incidents of gender-based violence Abdimalik Muse Oldon for the second time in increased dramatically and women’s access two years. He was held in connection with an to sexual and reproductive healthcare was altercation over social media with the restricted. Children faced significant president when he alleged that the inequalities in the public education system, management of Barwaaqo University was exacerbated by Covid-19: up to 500,000 spreading Christianity. On 12 October, he was children dropped out of school during the charged with offences including “spreading pandemic. There were numerous cases of false information and anti-national alleged corruption in provincial health propaganda”, and “criminal defamation”. His departments. Millions of people did not trial was ongoing at the end of the year and have access to adequate sanitation and he remained in detention. In 2020, he had water. Foreign-owned businesses were been released from prison following a targeted in xenophobic attacks, and presidential pardon having served one year of undocumented migrants were excluded a three-and-a-half-year sentence on charges from the vaccine roll-out. Security forces Amnesty International Report 2021/22 332

continued to use excessive force against cases was attributed to low reporting during peaceful protesters and hundreds of people the Covid-19 lockdown period, the numbers died as a result of police action. Violent during 2021 were still higher than those unrest across two provinces, which was recorded in the pre-pandemic era. triggered by former president Jacob Zuma’s Parliament adopted three new bills in arrest, resulted in at least 360 deaths as September to strengthen protection against well as job losses, further entrenching gender-based violence. inequalities. The authorities failed to ensure There were at least 117 cases of femicide in that the mining industry complied with the first half of the year. In August, the killing standards to prevent human rights of Nosicelo Mtebeni by her boyfriend led to a violations against communities. Evidence public outcry. Nosicelo Mtebeni was a 23- emerged of South Africa’s complicity in war year-old law student in her final year at Fort crimes committed in Yemen. Hare University in the Eastern Cape province Environmentalists feared that a proposed oil when she was murdered. Her body was exploration project would threaten marine dismembered and placed in a suitcase and wildlife. in plastic bags. Her boyfriend was sentenced BACKGROUND to 25 years in prison for her murder. In July President Ramaphosa authorized the SEXUAL AND REPRODUCTIVE RIGHTS deployment of 1,495 troops to Mozambique, Many women and girls were unable to access to deal with insecurity in Cabo Delgado in the sexual and reproductive health services north-east (see Mozambique entry). during Covid-19 lockdown restrictions. In the The Commission of Enquiry into State Gauteng province, 23,226 teenage Capture continued to hear testimonies in pregnancies were recorded between April relation to allegations of corruption and other 2020 and March 2021. Of this number, 934 abuses known as “state capture” under the concerned girls between the ages of 10 and presidency of Jacob Zuma who was 14. The high rate of teenage pregnancy was imprisoned for contempt of court for refusing partly attributed to difficulties with accessing to appear before the commission. He was contraceptives. A survey of young women released on medical parole after serving two aged between 15 and 24, conducted by the months of his 15-month prison sentence. South African Medical Research Council, The first part of the commission’s report was revealed that 21% of the respondents to be released in January 2022 and to focus reported challenges in getting condoms on corruption in key state-owned entities, because of Covid-19 measures. including South African Airways. Parts two RIGHT TO EDUCATION and three were expected to be released in February 2022. The education system was ridden with systematic failures during the Covid-19 GENDER-BASED VIOLENCE 1 pandemic. The National Income Dynamics Official crime statistics published in August Coronavirus Rapid Mobile Survey, a showed an increase in some forms of gender- collaboration of over 30 South African based violence. Despite the adoption by the researchers from several universities and government of the National Strategic Plan on research organizations, found that up to Gender-Based Violence and Femicide in 500,000 additional children dropped out of 2019 to strengthen its response to the high school during the pandemic. The drop-out incidence of gender-based violence, the rate reached approximately 750,000 by May, statistics revealed a 72.4% increase in rape over three times the pre-pandemic number of cases, a 77.6% increase in other forms of 230,000. According to the Department of sexual assault, and a 74.1% increase in all Basic Education, one in three pregnant girls sexual offences. While the dramatic rise in Amnesty International Report 2021/22 333

aged between 10 and 19 did not return to REFUGEES’ AND MIGRANTS’ RIGHTS school. There were over 153,000 outstanding asylum Many schools were underfunded and applications. The government and UNHCR, sanitation conditions were poor. As of 12 the UN refugee agency, signed a US$9.6 April, 5,167 schools still used pit latrines, million agreement in March to clear the which contravened health and safety backlog and revamp the asylum legislation. management system by 2024. In May, the RIGHT TO HEALTH Western Cape High Court ruled that the Cape Town Refugee Reception Office (RRO), which South Africa remained the country worst had been closed in 2012, be reopened. This affected by Covid-19 in Africa, in terms of followed the Department of Home Affairs’ both reported cases and deaths. In July, failure to comply with a 2017 court order healthcare facilities were struggling to cope issued by the Supreme Court of Appeals to with the third wave. In the Gauteng province reopen the RRO by March 2018. Since its alone, about 91% of private and public closure, asylum seekers living in Cape Town hospital beds were occupied. There were had to travel to Durban, Musina or Pretoria about 8.4 million fully vaccinated people by every few months (1,455km, 1,633km and September in a population of almost 60 1,923km, respectively) to renew their million. Undocumented migrants were permits. excluded from the vaccine roll-out. There were sporadic xenophobic attacks The Health Sector Anti-Corruption Forum throughout the year, with businesses owned and the Special Investigating Unit took on by migrants targeted in Durban. numerous cases of alleged corruption in EXCESSIVE USE OF FORCE provincial health departments. Former health minister Zweli Mkhize resigned in August South African police continued to use after being implicated in the irregular excessive force against peaceful protestors procurement of a Covid-19 related resulting in deaths and injuries. The communication services tender which Independent Police Investigative Directorate resulted in the alleged misappropriation of (IPID), an official oversight body of the police, ZAR150 million (over US$10 million). received 6,122 new complaints by the end of RIGHTS TO WATER AND SANITATION the 2021 financial year on 28 February. Of these, 4,228 were assault cases, 353 were Communities still struggled with access to cases of death as a result of police action, water and sanitation. According to the 256 were cases of torture, and 80 were rapes Department of Water and Sanitation, an by a police officer. estimated 5.3 million households did not IPID received 74 complaints during the July have access to safe and reliable drinking unrest in parts of the Gauteng and KZN water and 14.1 million people did not have provinces (see below, Right to life and access to safe sanitation. In some security of the person). Of these, the majority municipalities only 50% of residents enjoyed – 26 – were cases of deaths resulting from adequate sanitation facilities. Protests over police action, while there were 25 complaints access to water and sanitation continued of assault, and four deaths in police custody. throughout the year, disrupting voter Two cases involving torture were filed. registration for the 2021 local government UNLAWFUL KILLINGS elections. In September, residents of In March, Mthokozisi Ntumba was shot and Khayelitsha in Cape Town, the legislative killed by members of the South African Police capital, protested over blocked drains and Service while passing a student-led protest in sewage running down their streets and into Braamfontein in Johannesburg. The their homes, compromising their health. University of Witwatersrand students were protesting the university’s exclusion of Amnesty International Report 2021/22 334

learners with outstanding fees. The trial of ENVIRONMENTAL DEGRADATION four police officers in connection with In July, the National Disaster Management Mthokozisi Ntumba’s killing was postponed Centre, an official body, declared a drought until 2022. disaster in the Eastern Cape, Northern Cape RIGHT TO LIFE AND SECURITY OF THE and Western Cape provinces. The country’s PERSON first comprehensive legal framework for climate change was tabled in parliament in In July, violent looting and destruction of November. Also in November, the property erupted in parts of Gauteng and government joined France, Germany, the UK, KZN provinces following the imprisonment of USA and EU to support a just transition to a Jacob Zuma. The unrest spread to residential low carbon economy. In December, the areas and in the absence of a clear police energy minister supported Shell’s plans to presence many communities turned to conduct seismic oil exploration on the Wild vigilantism. The South African National Coast which environmentalists said would Defence Force was deployed to support threaten marine wildlife. The high court in police on the ground.2 At least 360 people Makhanda in the Eastern Cape issued an died during the week of unrest. Some died in interdict on 28 December to temporarily halt stampedes and others from live ammunition the exploration until the second part of the or rubber bullets shot at close range. interdict proceedings. CORPORATE ACCOUNTABILITY The Department of Mineral Resources and 1. South Africa: Failing To Learn the Lessons: The Impact of Covid-19 on a Broken and Unequal Education System (AFR 53/3344/2021), 15 Energy continued to fail to meet its annual February target of inspecting mines to ensure they 2. “South Africa: Investigate loss of life during unrest and looting spree complied with its Social and Labour Plans and ensure accountability”, 22 July (SLPs). Strict adherence to SLPs would go some way to ensuring that the negative socio- economic ramifications of mining are SOUTH KOREA remedied, and human rights violations prevented. Republic of Korea IRRESPONSIBLE ARMS TRANSFERS Head of state and government: Moon Jae-in In March, a research report by Open Secrets, Abortion was decriminalized. Gender-based an organization which exposes private sector violence continued. Transgender people economic crimes, revealed South Africa’s suffered hatred and discrimination. The links to alleged war crimes committed in National Human Rights Commission found Yemen. Rheinmetall Denel Munitions, one of that mandatory Covid-19 testing for foreign the state-owned enterprises, and other South workers was discriminatory. Government African companies had regularly supplied the measures aimed at tackling the climate Saudi Arabia and UAE-led coalition in the emergency were criticized as being too armed conflict in Yemen with weapons such unambitious. as bombs and shells, before and since the DISCRIMINATION conflict started (see Yemen entry). In June, the Pretoria High Court ordered South African MIGRANT WORKERS’ RIGHTS arms companies that supplied weapons In March, the National Human Rights found to have been used against civilians in Commission of Korea (NHRCK) found as the Yemen conflict to be made public. discriminatory the administrative orders by some local governments, including Seoul and Gyeonggi province, which made Covid-19 tests mandatory for foreign workers already in Amnesty International Report 2021/22 335

the country. The central government life after suffering sexual harassment. In the subsequently ordered the Seoul city same month, it was confirmed that a female government to amend its order on the non-commissioned officer attempted suicide; grounds that it was discriminatory to foreign she had been stalked and molested by a nationals. superior in the army. In August, a female In September, migrant workers on Navy chief petty officer, who had complained temporary visas in the lowest income bracket of abuse by a senior colleague, was also were once again excluded from Covid-linked found dead at her base in a suspected exceptional financial support from the suicide. It was alleged that her superiors government. Almost 2 million migrant failed to take adequate steps to protect her workers may have been affected, many of from further abuse by the same perpetrator. whom remained jobless due to Covid-19 restrictions. LGBTI PEOPLE’S RIGHTS GENDER AND SEXUAL ORIENTATION In February, the results of a survey Further parliamentary bills were submitted commissioned by the NHRCK into the with the aim of passing a comprehensive situation faced by transgender people were anti-discrimination act. The proposed law published. They revealed that transgender would include crucial protection against people are “exposed to hatred and discrimination for reasons of sexual discrimination in all places”. The report orientation and gender identity. Existing criticized the lack of laws, institutions and legislation did not protect all groups.1 policies guaranteeing the rights of transgender individuals and called on the WOMEN’S AND GIRLS’ RIGHTS government to establish a comprehensive law Abortion was decriminalized in January banning discrimination. following an earlier Constitutional Court At least three transgender people died in decision which declared the previous circumstances suggesting suicide. Lee Eun- abortion ban unconstitutional. Parliament did yong, a playwright, was found dead in their not take action to revise the abortion law as home on 8 February. The body of Kim Ki- ordered by the Constitutional Court in 2020. hong, a former candidate for the Green Party Several bills remained pending in the and one of two transgender candidates to run National Assembly, including those for office in 2020, was found on 24 February prescribing specific time limits for abortion at their home on Jeju island. Former staff access as well as some calling for full sergeant Byun Hui-su died in March in decriminalization. This prolonged legislative Cheongju, North Chungcheong province. Her vacuum caused confusion among medical death was treated as suicide. Byun Hui-su’s providers. gender reassignment surgery was classified In a landmark ruling on 8 January, the by the military as a “disability”, and she was Central District Court in the capital, Seoul, discharged from the military after requesting ordered the Japanese government to a transfer to the female corps. After her compensate 12 women who had been forced death, a district court ruled in October that into the Japanese military sexual slavery there were “no mental or physical disability system before and during World War II. In a grounds for dismissal” and ordered her separate ruling in April, the district court discharge to be posthumously cancelled. ruling dismissed similar claims brought In a significant decision for transgender 2 against Japan by another group of survivors. rights, a transgender man who had not Gender-based violence continued, as undergone sterilization was granted gender evidenced by several cases of alleged abuse recognition by an appellate court in October. of authority and sexual harassment and The current Supreme Court guidelines on violence in the military. In May, a female gender reassignment include the master sergeant in the Air Force took her own requirement of sterilization. Amnesty International Report 2021/22 336

Authorities continued to prevent In October, a large-scale strike was transgender individuals from serving in the organized in Seoul by the Korean military. Confederation of Trade Unions to protest CRIMINALIZATION against poor labour conditions and inequality. A case challenging the constitutionality of A police complaint was filed against the Article 92-6 of the Military Criminal Act, organizers and participants for violating the which criminalizes same-sex sexual activity in ban on assemblies to prevent the spread of the military, remained pending at the Covid-19; 34 people were investigated. Constitutional Court. FAILURE TO TACKLE CLIMATE FREEDOM OF EXPRESSION, EMERGENCY ASSOCIATION AND ASSEMBLY At COP26 in November, South Korea’s The authorities continued to defend the Anti- Carbon Neutrality Committee announced a Leaflet Law, which came into effect in March new nationally determined contribution to reduce tensions with North Korea. The law (NDC) target to cut emissions by 40% from bans the delivery of printed materials and 2018 levels by the year 2030. This falls short other goods across the border from South of the figure needed to keep the rise of global Korea. Civil society groups claimed that the temperatures below 1.5˚C. law threatened freedom of expression and In August, the National Assembly passed a provided disproportionate penalties, such as Framework Act on Carbon Neutral Green a prison sentence of up to three years or a Growth, enshrining in law carbon neutrality fine of up to 30 million won (US$27,000) for by 2050. The new Act was criticized by groups in South Korea sending leaflets and environmental and other civil society groups USB drives to North Korea.3 for goals considered too unambitious. In An amendment bill on the Press Arbitration October, an appeal was filed with the Law was widely criticized both within and Constitutional Court by civil society groups outside the country due to the vague wording and several political parties, which claimed that would impose punitive damage on that the new Act failed to protect people’s journalists and media organizations for fundamental rights. alleged “fake news”. The bill remained Supplemental briefs by youth activists were pending in the National Assembly at the end added during the year to a further case of the year. before the Constitutional Court on climate The government ratified three core ILO litigation, which remained pending. The Conventions in February: No. 29 (Forced original briefs argued in part that under the Labor), No. 87 (Freedom of Association and Constitution the state is obliged to protect the Protection of the Right to Organise) and No. health, life and environmental rights of the 98 (Right to Organise and Collective people and that these rights were infringed Bargaining). The conventions were due to by 2019 amendments to the climate change enter into force in South Korea in April 2022. law which failed to set effective emission reduction targets. WORKERS’ RIGHTS A committee formed to prevent the deaths of 1. “South Korea: Lawmakers Must Seize Chance to Pass Landmark Anti- delivery workers from exhaustion and discrimination Act”, 9 August overwork expressed concerns about working 2. “South Korea: Disappointing Japan Ruling Fails to Deliver Justice to conditions in e-commerce companies, ‘Comfort Women’”, 21 April highlighting high demand and competition 3. “Controversy over Anti-Leaflet Law – Amnesty International’s between companies and the absence of approach” (Korean only), 17 May protections. One company, Coupang, was criticized for numerous instances of abuse. Amnesty International Report 2021/22 337

The SPLA-IO split in August led to inter-group SOUTH SUDAN fighting in the north. Fighting continued between government forces and the National Republic of South Sudan Salvation Front (NAS), a non-state armed Head of state and government: Salva Kiir Mayardit group, in Central and Western Equatoria State. Hundreds of thousands of people fled their In May, the UN Security Council renewed homes because of conflict. Humanitarian the arms embargo and set five benchmarks assistance was impeded or blocked. All against which the embargo will be reviewed parties to the conflict perpetrated serious in 2022.1 violations of international human rights and In July, the People’s Coalition for Civil Action humanitarian law, including the (PCCA) was formed. It called for mass indiscriminate and targeted killing of peaceful protests demanding that the civilians, the recruitment and use of country’s leadership step down. children, acts of sexual violence and VIOLATIONS OF INTERNATIONAL destruction of property. At least 52 people, HUMANITARIAN LAW including children, were extrajudicially executed. Impunity for human rights From June to October local groups, affiliated violations remained the norm and the to the SSPDF on the one hand, and the government failed to establish the Hybrid SPLA-IO on the other, waged a campaign of Court for South Sudan (HCSS). The security terror on the civilian population of the forces continued to use unlawful Balanda and Azande communities in surveillance to target government critics, in Tambura county. According to local some cases arbitrarily arresting and government figures, around 300 people were detaining them. They responded to calls for killed. Fighters from both sides summarily peaceful protests with a wave of repression. killed civilians by shooting them or cutting Death sentences were imposed and their throats; they abducted civilians; executions carried out. The government mutilated bodies; set fire to neighbourhoods; continued to fail in its obligation to respect and looted and destroyed civilian property, and protect the rights to health and schools and health facilities. The fighting education. displaced more than 80,000 people BACKGROUND according to UN-verified government figures. Families were separated as they fled, and In July, South Sudan celebrated 10 years of some were unable to reunite, even months independence. later. Displaced people in camps and host Extreme flooding continued and, according communities lacked food, medicine and 2 to the UN, affected eight out of 10 states, adequate shelter. creating and exacerbating a humanitarian Fighting between government and crisis. opposition forces and the NAS persisted for Violence persisted in various pockets across the fourth year. According to the UN, NAS the country, setting parties to the conflict, as members attacked a hospital and subjected well as local groups aligned with them, at least three people to sexual violence in against each other. Months of tension addition to other human rights violations. culminated in fighting in June in Tambura In other areas, fighting between ethnic county in Western Equatoria State between groups, clans and sub-clans continued, competing local groups aligned with forces resulting in at least 441 incidents involving affiliated to the government’s South Sudan human rights violations, including arbitrary People’s Defence Forces (SSPDF) on the one killings, injuries, abductions, conflict-related hand, and the Sudan People’s Liberation sexual violence, arbitrary arrests and Army-In Opposition (SPLA-IO) on the other. detention, torture and other ill-treatment, and Amnesty International Report 2021/22 338

the looting and destruction of civilian RIGHT TO EDUCATION property, according to the UN. The right to education for children remained Attacks by armed youths on clearly marked severely restricted. According to UNICEF, humanitarian vehicles persisted. The UN more than 2 million children, most of them reported that at least five humanitarian girls, were out of school due to Covid-19 and workers were killed and two were arbitrarily other challenges which hindered their access detained. to education, including financial barriers and DENIAL OF HUMANITARIAN ACCESS flooding. In November, only eight of 53 schools in According to the UN, an estimated 8.3 Tambura county were open, severely million people needed humanitarian restricting the right to education for months. assistance. Despite the dire need for such SSPDF-affiliated fighters used a primary assistance, the denial of, and restrictions to, school in Tambura town as their barracks for humanitarian access continued. According to several weeks during the fighting until late UN OCHA, humanitarian actors reported 542 October when government officials finally impediments to access and government coaxed them into leaving. Such use of authorities continued to impose bureaucratic schools by armed actors runs contrary to the obstacles. global Safe Schools Declaration, which the EXTRAJUDICIAL EXECUTIONS government endorsed in 2015, and undermines international human rights and The UN Mission in South Sudan (UNMISS) humanitarian law. reported that between March and November GENDER-BASED VIOLENCE at least 52 people, including children, were extrajudicially executed in the Warrap and High levels of conflict-related sexual violence Lakes states. According to the UN and gender-based violence remained a Commission on Human Rights in South concern. According to the UN, state security Sudan, state security forces either carried out forces and non-state armed actors committed or were “present within the vicinity of the at least 63 incidents of sexual violence in executions” in almost all cases. Individuals, conflict, affecting 89 women, girls and men, including children, were lined up and aged between two and 50, including rape, publicly executed by firing squad in a gang rape and forced nudity. marketplace. According to UNMISS, some IMPUNITY individuals were tied to trees before being executed; and government officials defended Impunity for crimes under international law the executions as a necessary deterrence and other gross human rights violations and mechanism in the absence of rule of law abuses persisted. In January, the Council of institutions. Ministers approved a Ministry of Justice plan to establish the HCSS, the Commission for CHILDREN’S RIGHTS Truth, Reconciliation and Healing (CTRH), According to the UN, the SPLA-IO, armed the Compensation and Reparation Authority groups and government security forces and other justice-related provisions in the committed grave violations and abuses peace agreement. At the end of the year, against 124 children – 28 girls and 96 boys. however, the government had only These included killing, maiming, abduction, reconstituted the technical committee for the sexual violence, forced recruitment and use establishment of the CTRH, and a UN of children in combat and supportive roles agency had begun training committee like porters, cooks and spies. The actual members. The government seemingly numbers are likely to be higher. prioritized truth over trials, continuing to delay and block the establishment of the HCSS which, if operational, would be Amnesty International Report 2021/22 339

mandated to investigate and prosecute also closed a radio station and an academic 3 crimes under international law. think-tank, both of which resumed operations The 2008 Penal Code had still not been in September and November, respectively. amended to include crimes under On 29 August, the eve of the planned international law. While the Gender Based protests, internet disruptions were reported Violence and Juvenile Court remained which lasted until late afternoon on 30 operational, no conflict-related sexual August. There were indications that the violence cases were brought to trial. shutdown may have been a deliberate attempt by the authorities to derail the ARBITRARY ARRESTS AND DETENTIONS 5 protests. Throughout the year, the National Security After the failed protests, security forces Service (NSS) continued to arbitrarily arrest continued to harass civil society members in and detain real or perceived government the capital, Juba, Yei, Bor and Wau. Some of opponents and critics for prolonged periods, them suspected that the security forces had including journalists and civil society put them under surveillance. Several human members. Between 2 and 30 August, rights activists were forced into exile. government actors arbitrarily arrested at least On 6 October, the Bank of South Sudan 14 people nationwide in relation to calls for directed all commercial banks to freeze the peaceful protests. In Yei, two civil society accounts of three civil society organizations, a members, as well as a bishop and a student, think-tank, four activists and a politician, who were detained in a military intelligence were either members, or suspected of being 6 detention facility with limited or no access to members, of the PCCA. At the end of the their lawyers for almost two months. Kuel year, all but the think-tank’s accounts Aguer Kuel, one of the PCCA founders, was remained frozen. arrested by NSS officers on 2 August and remained in Juba Central Prison4 at the end RIGHT TO PRIVACY of the year (see below, Freedom of The government conducted communications expression, association and assembly). surveillance, with the likely support of The 2014 NSS Act remained in force, telecommunication companies. The NSS also despite clear obligations under the 2018 conducted physical surveillance using a Revitalized Agreement on the Resolution of widespread cross-border network of the Conflict in the Republic of South Sudan informants and agents, penetrating all levels to amend it by February 2020. It continued to of society and daily life; they monitored grant NSS officers police-like powers of arrest media and social media, and required event and detention, in violation of the service’s organizers to seek permission before holding constitutional mandate to gather intelligence, any form of public gathering. The NSS used and in contravention of international human these forms of surveillance, in breach of rights standards. rights to privacy, to arbitrarily arrest and FREEDOM OF EXPRESSION, detain individuals outside the law, infringing ASSOCIATION AND ASSEMBLY on rights to freedom of expression and assembly. In one case, on 17 July, they broke The rights to freedom of expression, up a civil society workshop on the association and assembly remained restricted constitution-making process on grounds that and media continued to be censored. the organizers had not sought permission In August and September, calls for peaceful from the NSS to proceed. The cumulative protests by the PCCA were met with a wave effect of these measures created a pervasive 7 of repression. The authorities deployed high climate of fear and led to self-censorship. numbers of security forces to the streets in major towns and arrested civil society activists and a politician, among others; they Amnesty International Report 2021/22 340

DEATH PENALTY 2. “South Sudan: Survivors describe killings, mass displacement and Death sentences continued to be handed terror amid fighting in Western Equatoria”, 9 December down and executions were carried out. On 12 3. Letter of Appeal for Truth and Trials in South Sudan (Index: AFR February, the Supreme Court upheld the 65/4305/2021), 7 June Court of Appeal’s 2020 decision to quash the 4. South Sudan Must Respect the Right to Freedom of Peaceful death sentence against Magai Matiop Ngong, Assembly (Index: AFR 65/4760/2021), 23 September and also ordered an age assessment and 5. “South Sudan: End new wave of repression against peaceful retrial. Magai Matiop Ngong was 15 at the protests”, 3 September time of the incident and conviction. 6. South Sudan: Unfreeze Civil Society and Political Activist’s Bank Accounts (Index: AFR 65/5017/2021, 19 November) RIGHT TO HEALTH 7. South Sudan: “These Walls Have Ears”: The Chilling Effect of Surveillance in South Sudan (Index: AFR 65/3577/2021), 2 February The right to health remained under serious 8. “Address the Access Issue and the Pandemic Will Be Managed threat and public health facilities were under- Tomorrow”: Global Vaccine Inequity’s Impact in East Africa (Index: resourced. South Sudanese continued to die AFR 04/5084/2021), 14 December in high numbers of preventable diseases, and other conditions, due to inadequate health services, and attacks on healthcare facilities. SPAIN In Tambura county, armed men ransacked and looted health facilities, depriving civilians Kingdom of Spain of crucial care and violating international law. Head of state: Felipe VI In November, 13 out of 20 medical facilities Head of government: Pedro Sánchez across the county were rendered unusable after being vandalized, and those that The authorities failed to ensure adequate remained were barely functional. access to health during the pandemic. At the end of the year, only 1.52% of the Violence against women persisted, although population was fully vaccinated due to factors steps were taken to strengthen legal including the unequal distribution of vaccines safeguards. Women continued to face globally; insufficient supplies and challenges in accessing abortion. The right unpredictable arrival times; short shelf life of to housing was not sufficiently protected. vaccines; and obstacles to reaching some Undue restrictions on the rights to freedom 8 areas due to flooding and conflict. of expression and peaceful assembly MENTAL HEALTH continued unamended in law. Excessive use Access to mental health services was of force by law enforcement officials severely limited and healthcare providers persisted. The authorities failed to ensure were unable to meet the widespread and adequate reception conditions and a fair significant needs. There were just three and effective asylum procedure for people psychiatrists serving the entire country, who arriving irregularly in the Canary Islands. were also responsible for providing training The government approved a bill on rights for and supervision to health staff. Juba victims of the Civil War and Francoism, Teaching Hospital was the only public while the courts continued to deny them medical facility providing in-patient access to justice. psychiatric care, and demands exceeded BACKGROUND beds available for psychiatric patients. The availability of psychotropic drugs was both The final state of emergency to contain the sporadic and limited. spread of Covid-19 ended in May. In July, following a complaint filed by VOX, a far-right 1. South Sudan: UN Security Council’s Extension of Arms Embargo on political party, the Constitutional Court issued South Sudan a Welcome Step but Weak Benchmarks a Let-Down a controversial ruling regarding the first such (Index: AFR 65/4291/2021), 24 June state of emergency. It found that the government should have used a different Amnesty International Report 2021/22 341

form of state of emergency, known as a “state OLDER PEOPLE of exception”, which would have required a Thanks to the vaccination campaign, death vote in parliament. In October, the rates in care homes and as percentage of the Constitutional Court found the second state of total Covid-19 deaths decreased dramatically. emergency had also breached constitutional Throughout the year, relatives of people who rules. had died of Covid-19 in care homes In September, Carles Puigdemont, the demonstrated against insufficient former President of the Catalan government, investigations to hold the authorities was arrested in Italy on a warrant issued by accountable for decisions which may have the Spanish Supreme Court for his contributed to their deaths. involvement in the 2017 referendum in SEXUAL AND GENDER-BASED VIOLENCE Catalonia and subsequent declaration of independence. The Italian authorities Violence against women persisted. Forty- released him the following day and three women were killed by their partners or suspended the extradition proceedings, ex-partners. Seven children were killed by pending decisions on his parliamentary their fathers to punish their mothers. immunity by EU courts. In May, parliament passed the Law for RIGHT TO HEALTH comprehensive protection against violence for children and adolescents. This extends The Covid-19 pandemic continued to place the time for initiating investigations in cases the national healthcare system under of serious sexual offences against children unprecedented pressure. However, the and provides for the statute of limitation to authorities failed to put in place adequate start only once the victims reach the age of measures to guarantee everyone’s right to 35. health.1 Older people, people with chronic In July, parliament began discussing a bill to illnesses and those with mental health strengthen protection for victims of sexual conditions faced the greatest difficulties in violence. The bill includes a proposal to accessing care and treatment. Migrant redefine rape as based solely on lack of women were particularly affected by a consent. The bill was pending at the end of weakened primary care service as they the year. Sex-worker-led and other shouldered the greater burden of caring for organizations were concerned that proposed the sick with a less accessible healthcare reforms in the same bill to address system.2 exploitation in the sex industry risked During the Covid-19 vaccination campaign, undermining sex workers’ rights and had non-nationals, in particular people with an been approved by the government without irregular migration status, encountered meaningful consultation and their greater barriers to accessing the health participation. service and vaccines due to a lack of clear SEXUAL AND REPRODUCTIVE RIGHTS protocols regarding identification and access to information for these groups. Abortion for girls between 16 and 18 years of There was an increase in mental health age still required parental permission. The needs during the pandemic, which exposed persistently high number of “conscience- the lack of adequately resourced mental based refusals” from healthcare providers health services. Healthcare workers were continued to limit women’s access to abortion particularly impacted by increases in stress- in the national health system. related illnesses, due to working conditions RIGHT TO HOUSING and care overload. In October, the government announced the adoption of a Despite the pandemic, between January and Mental Health National Strategy after seven June, there were 22,536 evictions. Nearly years without one. 5,400 concerned people who were unable to Amnesty International Report 2021/22 342

pay their mortgages and nearly 16,000 police officers. It also noted that the practice people who could no longer afford their rents. of mechanical fixation of people to a bed The government did, however, extend the persisted, including for juvenile detainees, suspension of evictions for economically and recommended its abolition. vulnerable people until 28 February 2022. FREEDOM OF EXPRESSION AND In March, the UN Committee on Economic, ASSEMBLY Social and Cultural Rights upheld a complaint that Spain had violated the right to The 2015 Law on Public Security and housing of a family evicted without the provisions of the Criminal Code which unduly provision of alternative, adequate restrict the rights to freedom of expression accommodation. Over 100 other complaints and peaceful assembly were not amended concerning the right to adequate housing and continued to be enforced. against Spain remained pending before this In February, the rapper Pablo Hasél began Committee. serving a nine-month prison sentence for the EXCESSIVE USE OF FORCE criminal offences of “glorification of terrorism” and “insulting the crown and state Instances of unnecessary and excessive use institutions”, following a conviction in 2018 of force by the security forces continued. In for the content of some tweets. February, a law enforcement official used a In June, Jordi Cuixart and Jordi Sànchez, firearm against protesters during civil society leaders of the movement for demonstrations in Linares (Andalucía) after a Catalonia’s independence, were released man and his daughter were assaulted by two from prison following a government pardon. off-duty police officers. An internal They had spent almost four years in investigation concluded that no individual detention, following an unjust conviction on agent could be identified as the shooter. In sedition charges in connection with peaceful June, the Ministry of the Interior rejected an protests and the 2017 referendum on Ombudsman’s recommendation to adopt Catalan independence. mechanisms to prevent misallocation of ammunition and to ensure that agents can be REFUGEES’ AND MIGRANTS’ RIGHTS identified. The government evacuated 2,026 Afghan Also in February, a woman lost her eye, nationals following the Taliban seizure of allegedly because of the impact from a foam power in Afghanistan. For the first time, the bullet fired by the Catalan police during government allowed Afghan nationals to protests following the detention of the rapper apply for asylum in the Spanish embassy in Pablo Hasél. A judicial investigation was Pakistan. Some 48 people were subsequently initiated. transferred to Spain in October. In April, law enforcement officials fired A total of 22,200 asylum seekers and rubber balls at migrants to quell a protest in a migrants arrived by sea in the Canary Islands. reception centre in the Canary Islands. Eight At least 955, including at least 80 children, migrants were detained, and at least 10 died at sea while attempting the journey from required medical assistance. west African coasts. Poor management and Investigations into allegations of unlawful lack of reception capacity on the islands use of force by law enforcement officials resulted in unnecessary suffering for the during the October 2017 protests in Catalonia refugees and migrants, including many remained open at the end of the year. unaccompanied children, due to avoidable TORTURE AND OTHER ILL-TREATMENT overcrowding and sub-standard conditions in reception facilities. The authorities also failed In November, the European Committee for to ensure access to a fair and efficient the Prevention of Torture noted numerous asylum procedure. Asylum seekers could not credible reports of ill-treatment by prison and access adequate information about their Amnesty International Report 2021/22 343

rights and the authorities did not ensure the In September, the Constitutional Court timely registration and processing of asylum rejected an appeal by a victim of torture claims. By September, around 1,000 during the late Franco period, stating that unaccompanied children were awaiting Spain had no obligation under international assessment of their cases and law to investigate and prosecute the case documentation. because the prohibition of crimes against In May 8,000 people, including 2,000 humanity could not be applied retroactively. unaccompanied children, entered the Spanish enclave of Ceuta from Morocco 1. “Spain: The other pandemic. Between abandonment and irregularly, while Moroccan guards waved dismantling: right to health and primary care in Spain”, 26 February them in past their checkpoints. Shortly (Spanish only) afterwards, the Spanish authorities illegally 2. “Spain: NGOs demand that vulnerable populations have guaranteed and collectively returned 2,700 people to access to Covid-19 vaccines in Spain”, 29 April (Spanish only) Morocco. There were reports of excessive use of force. In August, the authorities illegally returned SRI LANKA 55 unaccompanied children to Morocco. Spanish courts deemed the returns unlawful Democratic Socialist Republic of Sri Lanka and suspended them. Soon afterwards, Head of state and government: Gotabaya Rajapaksa however, the Prime Minister reiterated the government’s intention to continue expelling The government continued its crackdown on unaccompanied children to Morocco. dissent, targeting multiple groups. Impunity In October, the government reduced the continued in a number of emblematic time needed for unaccompanied children to cases. Excessive use of force and brutality obtain a residence permit and relaxed the by law enforcement officers were widely requirements for renewing work and reported, and there were deaths in custody. residence permits after the age of 18 to The UN Human Rights Council set up a prevent them losing their regularized status. mechanism to consolidate evidence of IMPUNITY serious human rights violations for future prosecutions after the Sri Lankan In September, the government presented in government withdrew its support for parliament a bill to ensure the rights to truth, transitional justice. Existing transitional justice and reparations of the victims of the justice mechanisms did not progress. The Civil War and Francoism. The UN Special Prevention of Terrorism Act continued to be Rapporteur on the Promotion of the Right to used to target critics from minority Truth, Justice and Reparation and the UN communities through arbitrary arrests and Committee on Enforced Disappearances prolonged detention without judicial called on parliament to strengthen some oversight. New regulations issued under the areas before its adoption. Act would effectively deny suspects a In February, the Supreme Court delivered its judicial hearing and force them to attend second judgment on the crimes of the Civil mandatory “rehabilitation”. Discrimination War and Francoism, following its 2012 and marginalization of the Muslim landmark ruling. It reiterated that the Spanish community increased because of judiciary could not investigate these past government policies specifically targeting human rights violations, due to the expiry of them. The government failed to prioritize the deadline within which the investigations health workers, older populations, people should have been initiated and because they with comorbidities or marginalized groups would breach the principle of legality and the during its Covid-19 response. 1977 Law on Amnesty. Amnesty International Report 2021/22 344

FREEDOM OF EXPRESSION, opening the investigation. Without publicly ASSOCIATION AND ASSEMBLY providing reasons for its decision, the The crackdown on dissent continued. The Attorney General’s Office decided not to government targeted human rights proceed with charges against Wasantha defenders, journalists, lawyers, members of Karannagoda, a former Navy commander, the opposition and criminal investigators and over his alleged role in the enforced expanded its scope to include university disappearance of 11 Tamils in 2008 and students, academics, trade unionists and 2009. The Sri Lankan Navy is alleged to have social media commentators. In May, the been responsible for the forcible Secretary to the Ministry of Health issued an disappearance of the so-called “Navy 11”. order threatening disciplinary action against The UN Human Rights Council passed health sector employees who spoke to the resolution 46/1 with a view to advancing media about difficulties in tackling the accountability in Sri Lanka. The resolution Covid-19 pandemic. established an international mechanism for There were protests over long-standing OHCHR to collect, consolidate, analyse and salary issues for teachers and principals. preserve information and evidence and to Demonstrators also called for the withdrawal develop strategies for future accountability of a controversial education bill; some processes for gross violations of human rights activists were arrested, in some cases or serious violations of international spending more than 75 days in detention. humanitarian law. In an online meeting organized by the Sri Under the leadership of the controversial Lanka Judges Institute in August, judicial former Supreme Court judge Upali officers were given instructions by non- Abeyratne, the Office on Missing Persons judicial officers on controlling public (OMP) opened a new office in the North and gatherings during the Covid-19 pandemic. announced plans to “verify” the 21,374 The instructions followed widespread protests cases collated by its former members. By the by trade unions, and the judicial officers end of the year, the OMP’s official caseload reportedly felt pressured to deliver court stood at 14,988, with no clear explanation for orders preventing such protests. having dropped more than 6,000 missing The government announced law reform persons cases. New members were initiatives to regulate the work of NGOs, appointed; there was lack of clarity over potentially hindering the right to freedom of whether the leadership changed. association. The cabinet of ministers approved policies RIGHT TO TRUTH, JUSTICE AND and guidelines produced by the Office for REPARATION Reparations, which related to reparations for victims of the armed conflict and civil or In emblematic cases which implicated political unrest. The document was not made members of the military or government public by the end of the year. Law supporters, either the suspects were enforcement officers brought court orders acquitted or the cases were withdrawn by the against war-related memorialization initiatives Attorney General. Other cases failed to under the guise of Covid-19 restrictions, and progress. The trial relating to the enforced arrested those taking part. disappearance in 2010 of journalist Prageeth ARBITRARY ARRESTS AND DETENTIONS Eknaligoda was postponed multiple times, owing in part to Covid-19 restrictions. The authorities continued to detain hundreds Suspects in the 2005 assassination of Tamil of Muslims arrested in connection with MP Joseph Pararajasingham, including those bombings in April 2019, under the from a government-aligned political party, Prevention of Terrorism Act (PTA). were acquitted and the Attorney General’s Activist and lawyer Hejaaz Hizbullah, who Office did not indicate any interest in re- was also arbitrarily arrested under the PTA in Amnesty International Report 2021/22 345

April 2020, remained in detention without harassment, and at least three cases of access to bail. He was indicted in March and torture in prison. his trial was scheduled for 2022. Poet Ahnaf The Minister for Public Security announced Jazeem, who had remained in prolonged his intention to introduce legislation to detention following his arrest in May 2020 in dismiss human rights cases against police connection with his writings, was released on officers if they are not heard “in a timely bail in December. He was indicted under the manner”. PTA in November. The PTA was also used to The Minister for Prison Management and target, arrest and arbitrarily detain numerous Prisoner Rehabilitation, Lohan Ratwatte, journalists, particularly from the North. Both forcibly entered a state prison in the city of Ahnaf Jazeem and Hejaaz Hizbullah were Anuradhapura in September. The Minister repeatedly denied due process safeguards. held at gunpoint and threatened to kill Tamil They were not informed of the reason for prison inmates, who were incarcerated under their arrest, and they were both held in the PTA. The incident highlighted impunity prolonged administrative detention without for criminal behaviour at the highest levels of judicial oversight to monitor their wellbeing, government. Lohan Ratwatte had not been or access to legal counsel or family. In held to account for his actions and remained March, President Rajapaksa issued new a government minister at the end of the year. regulations under the PTA which would allow DISCRIMINATION for the referral of people suspected of an offence under the PTA or Emergency Sri Lanka’s minority Muslim community faced Regulations to a “rehabilitation” programme. increased marginalization and discrimination The new regulations raised many human as the government targeted Muslims with rights concerns, including the use of overly new policies and laws. broad, subjective language to describe In March, Public Security Minister Sarath offences, and the concern that rehabilitation Weerasekera stated that the government was and detention under the regulations deprived planning to ban more than 1,000 madrasas suspects of due process, access to family (Islamic education institutions) which were and the ability to challenge their detention in operating outside the national education court. Such violations would also place those policy. If authorized, the move would likely arrested at risk of torture and other ill- amount to discrimination on religious treatment. grounds, and may also violate the freedom to EXCESSIVE USE OF FORCE AND manifest one’s religion or belief through EXTRAJUDICIAL EXECUTIONS worship. In April, the cabinet approved a proposal by the same minister to ban the Incidents of deaths in police custody and wearing of face veils. police brutality were widely reported in the In March, the Ministry of Defence stated media. There was no apparent criminal that Islamic books brought into Sri Lanka liability or accountability for law enforcement would only be released following analysis and or government officers in such cases. Civil review by the Ministry, as an alleged society recorded numerous alleged incidents “counter-terrorism measure”. The during the year, including three shootings by government directive discriminates solely on the police, 40 incidents of police violence, 10 the grounds of religion and violates the rights deaths in police custody (some attributed to to religion and belief and to seek, receive and suicide), at least 30 prison deaths (in some impart information and ideas. cases attributed to suicide or Covid-19), at Ahead of sessions of the UN Human Rights least 16 incidents of violence by security Council, Sri Lankan authorities finally moved forces, 24 incidents of violence by to change the policy of forced cremations of government officials including sexual Muslim victims of Covid-19, which began in March 2020. The policy had remained in Amnesty International Report 2021/22 346

place despite WHO guidance that allowed for populations, people with comorbidities, and burial or cremation. The guidelines affected marginalized and minority groups. the final burial rites of the Muslim community, violating the right to freedom of religion and belief. Although the forced SUDAN cremation policy was reversed, the government continued to insist on Muslim Republic of Sudan victims of Covid-19 being buried in remote Head of state: Abdel Fattah al-Burhan areas, limiting access by family members and Head of government: Abdalla Hamdok discriminating solely on the grounds of religious belief. The transitional government’s modest GENDER-BASED DISCRIMINATION AND progress towards improving the human VIOLENCE rights situation suffered a major setback after the October military coup. Security Despite pledges made to amend the Muslim forces used excessive and even lethal force, Marriage and Divorce Act of 1951, which and other repressive measures, including allowed girls to be married from 12 years of reported cases of gender-based violence, to age, the Act remained unchanged. counter protests and opposition to the Women’s rights groups sought, among other takeover. At least 53 people were killed and reforms, for women to be eligible to be hundreds injured in demonstrations appointed as Quazis (judges in the Quazi following the coup. Military authorities used court, an unofficial religious mediation body); prolonged arbitrary detention, arresting for polygamy to be abolished; and for consent dozens of civilian political leaders and to be obtained from both parties when activists, holding them in incommunicado registering a marriage, to prevent forced detention. Internet and telecommunication marriages. services were regularly disrupted and LGBTIQ people and women from ethnic journalists were attacked. Previous promises minorities and Indigenous communities faced to investigate and prosecute crimes increased abuse and domestic violence while committed by security forces remained forced to remain at home during Covid-19 unfulfilled. Civilians in the western region lockdowns. of Darfur continued to be inadequately Same-sex sexual relations continued to be protected by security authorities from criminalized in Sri Lanka. In a video shared unlawful attacks by militias in which on social media, a counsellor at a police hundreds of civilians died. While the training programme was seen making government increased health expenditure, malicious and discriminatory remarks about hospitals lacked essential resources. the LGBTIQ community. An NGO pressured Women protested against the rise in gender- the Court of Appeal to serve notice preventing based violence and discriminatory laws. A the police from conducting trainings that fresh wave of refugees fleeing conflict in marginalize and violate the rights of LGBTIQ Ethiopia’s Tigray region arrived in Sudan. people. BACKGROUND RIGHT TO HEALTH Following former president Omar al-Bashir’s Sri Lanka struggled to effectively respond to deposition in 2019, a power-sharing the surge in Covid-19 cases without a compromise between military and civilian communicated national vaccination plan, and leaders led to the formation of a transitional amid difficulties in procuring vaccines from government. The government made some manufacturers owing to vaccine hoarding by advances in terms of long overdue reforms, rich and powerful states. The government including by criminalizing female genital failed to prioritize health workers, older Amnesty International Report 2021/22 347

mutilation and reforming laws on corporal RIGHT TO TRUTH, JUSTICE AND punishment. REPARATION However, ongoing power struggles between The government took some positive steps the military and civilian wings of government, towards enabling justice and accountability including over economic and security sector for human rights violations, by ratifying the reforms, erupted and on 25 October 2021 UN Convention against Torture and the the army seized power, dissolving the civilian International Convention against Enforced government and imposing a nationwide state Disappearance on 10 August. of emergency. However, perpetrators of human rights On 21 November, the army signed an violations continued to enjoy impunity. Over agreement that reinstated the ousted prime one decade since the ICC issued arrest minister but the deal failed to defuse the warrants against Omar al-Bashir, Ahmad crisis. Despite UN-mediated efforts to end Harun and Abdel Raheem Muhammad the crisis, public resentment against the Hussein, the transitional government military’s actions grew. continued to fail in its obligation to transfer Key economic reforms resulted in Sudan the suspects to the Hague court to answer securing US$20.5 billion in debt relief from charges of crimes against humanity, international financial institutions. Many genocide and war crimes in Darfur. international organizations suspended The National Investigation Committee, economic assistance programmes following appointed in October 2019 to investigate a the coup, putting recent developments at brutal attack in which the RSF, the National risk. Intelligence and Security Service and the EXCESSIVE USE OF FORCE police killed over 100 protesters and subjected others to sexual violence and other Security forces continued to use excessive, torture and ill-treatment in Khartoum in June and sometimes lethal, force against 2019, was yet to release its findings. No one protesters. On 11 May, they shot dead at was held accountable by the end of the year. least two protesters and injured dozens at a The modest progress made to improve demonstration in the capital, Khartoum. The human rights protection during a period of demonstration was held to demand justice in almost three years since Omar al-Bashir’s connection with an attack by security forces deposal suffered a major setback after the on peaceful demonstrators in June 2019 October military coup. Despite the prime when over 100 people were killed and minister’s pledge in November that the 1 hundreds injured (see below, Right to truth, killings of those protesting the takeover would justice and reparation). be investigated, there was no evidence of any Violence by security forces spiked after the progress in the matter. military takeover in October and hundreds of ARBITRARY DETENTION thousands of people took to the streets in frequent protests. All branches of the security On 10 July, Muammar Musa Mohammed establishment, including the army, police and Elgarari and Mikhail Boutros Ismail Kody the Rapid Support Forces (RSF), participated (opposition activists and members of the in the violent repression and dispersal of the Future Movement Group) were released on protests.2 At least 53 people were killed and bail after being held in prolonged arbitrary hundreds injured in demonstrations. Security detention without charge since June 2020. forces reportedly subjected women to They were held at a police station in gender-based violence to counter their Khartoum North, for harassing members of growing participation in protests, including the Committee for Removal of Empowerment two reported rapes in December. which was established to dissolve the former ruling National Congress Party and to confiscate its property. Amnesty International Report 2021/22 348

After the October army takeover, security old Saber Ishaq and 47-year-old Arbab authorities arbitrarily arrested and detained Khamis. A third man, Abdulhafiz Yahia dozens of civilian political leaders, including Ismaeil, aged 53, was seriously injured. cabinet members, and Prime Minster According to the West Darfur State Doctors’ Hamdok who was held for two days before Committee, at least 144 people were killed being put under house arrest for almost a and 232 injured during the clashes. month. Other political prisoners, who were Also in West Darfur, 200 people died as a held for nearly one month in incommunicado result of intercommunal fighting between detention without access to their families or October and November, according to the legal counsel, were released after the 21 Darfur Bar Association. November accord. However, security forces RIGHT TO HEALTH continued to arrest and charge protesters. FREEDOM OF EXPRESSION Government expenditure on health was significantly greater than in previous years. The right to freedom of expression was The Ministry of Finance allocated SDG99 severely restricted. Internet and billion (about US$242 million) – 9% of the telecommunications were repeatedly budget – to the healthcare system for life- disrupted from 25 October, limiting people’s saving medicines; Covid-19 treatment; the ability to access timely and accurate rehabilitation and construction of rural information, infringing on their ability to hospitals, reproductive and other health express political views and restricting centres; and nutrition and health reporting on human rights violations. programmes. Military authorities also targeted press who However, in the midst of the third Covid-19 covered anti-army protests. On 30 December wave in the first half of the year, hospitals security forces attacked the offices of two TV faced multiple challenges, including a lack of stations in Khartoum, assaulting journalists medicine and oxygen, and a shortage of and firing tear gas into their offices after they doctors and other medical personnel due to broadcast footage of security force violations low salaries and poor working conditions. against protesters. Between March 2020 and May 2021, 89 UNLAWFUL ATTACKS AND KILLINGS Sudanese doctors, including 11 women, died after contracting Covid-19. The premature withdrawal of the United The country continued to face a shortage of Nations-African Union Hybrid Operation in Covid-19 vaccines. On 3 March, it received Darfur in December 2020, and the Sudanese over 800,000 doses of the AstraZeneca security forces’ repeated failure to protect vaccine from the COVAX initiative and began civilians, resulted in continued indiscriminate its vaccination programme on 9 March violence against civilians, particularly in the through the government’s National West Darfur region. RSF members Deployment and Vaccination Plan for participated in some militia attacks against Covid-19 Vaccines. The plan first prioritized civilians. frontline healthcare workers across Sudan In January 2021, at least 163 people, and older people with comorbidities. By the including three women and 12 children, were end of the year, Sudan had received 5.25 killed and 217 injured during a revenge million Covid-19 vaccine doses and 1.23 attack by militias on the Krinding camp in El million people had been fully vaccinated, Geneina, West Darfur State’s capital, and representing 2.8% of a population of around home to thousands of internally displaced 43.85 million people, according to 3 Massalit people. government figures. In 2021, there were On 3 April, armed men, said to be Arabs, 47,443 confirmed Covid-19 cases and 3,340 triggered four days of deadly violence when related deaths, according to the Ministry of they shot three Massalit men, killing 28-year- Health. Amnesty International Report 2021/22 349

WOMEN’S AND GIRLS’ RIGHTS On 8 April, hundreds of women joined a SWEDEN demonstration in Khartoum to protest against the increased domestic and other gender- Kingdom of Sweden based violence in the context of Covid-19 Head of state: Carl XVI Gustaf restrictions, as well as to denounce Head of government: Magdalena Andersson discriminatory laws and patriarchal restrictions on women’s rights. Some of the Immigrant communities continued to be restrictions highlighted included laws among the hardest hit by Covid-19. forbidding women from working outside the Development projects in the north home without the permission of their proceeded without the consent of affected husband or father as well as inequality in the Sami Indigenous communities. The home and workplace. The protesters government promised new legislation on launched the “Feminist Manifesto”, legal gender recognition based on self- produced in April after two years of identification. There were concerns about consultations with various grassroots proposals to increase police surveillance women’s organizations and gender rights powers and expand the mandate of private advocates. It urged the authorities to lift security firms to use force. Refugees and numerous legal obstacles to equality and to migrants applying for family reunification challenge existing social norms that result in faced new restrictions. Charges were women’s and girls’ oppression. brought against representatives of the oil Later that month, the Council of Ministers company Lundin Energy in relation to war ratified CEDAW (with reservations entered to crimes in South Sudan. articles 2, 16 and 29/1), and the African BACKGROUND Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Gun violence, particularly involving young Protocol). men, escalated in areas with high rates of crime and social exclusion. In September, REFUGEES’ AND MIGRANTS’ RIGHTS women from affected communities organized According to UNHCR, the UN refugee a protest calling for more efforts to address agency, Sudan continued to host one of the social inequality and poverty. largest refugee populations in Africa, with RIGHT TO HEALTH South Sudanese making up the majority of the over 1.1 million refugees and asylum Public health studies showed that immigrants seekers. It also hosted at least 55,000 continued to suffer disproportionately high refugees who fled the conflict in Ethiopia’s levels of critical illness and death as a result Tigray region in 2021. of Covid-19; the studies noted socioeconomic factors including crowded housing as well as 1. “Sudan: Speed up investigations into 2019 Khartoum massacre”, 3 lower vaccination rates. June RIGHT TO EDUCATION 2. “Sudan: Investigate the killings of people after military crackdown In November, the government-appointed against protesters”, 24 November 3. “Sudan: Horrific attacks on displacement camps show UN Corona Commission found that the education system had become less equitable during the peacekeepers still needed in Darfur”, 1 March pandemic as distance learning approaches were less effective for students in a vulnerable situation. Amnesty International Report 2021/22 350

resettlement quota; 1,311 Afghans came to INDIGENOUS PEOPLE’S RIGHTS Projects to extract minerals, increase logging Sweden as quota refugees in 2021. and develop wind power proceeded in the CORPORATE ACCOUNTABILITY north despite, in many cases, having failed to obtain consent from the Sami Indigenous In November, the Swedish Prosecutor people of affected regions. Several projects brought formal charges against two risked devastating effects on reindeer-herding representatives of the oil company Lundin Sami communities. Energy (formerly Lundin Oil AB) for In September, the government presented a complicity in war crimes in South Sudan. The legal proposal on the right to consultation for trial had not started by the end of the year. the Sami people on matters potentially . affecting them. The proposal did not incorporate the principle of free, prior and informed consent and included exceptions to SWITZERLAND the obligation to consult. Swiss Confederation LGBTI PEOPLE’S RIGHTS Head of state and government: Guy Parmelin In November, the government presented a draft bill on legal recognition of gender A government-commissioned investigation identity based on self-identification. The bill, into the ill-treatment of asylum seekers by which separated the process of changing private security staff in federal asylum one’s legal gender from the medical centres found some cases of excessive use procedure, had been revised following of force, and made recommendations for criticism from the Council on Legislation in reform. Parliament tightened control of 2018. arms exports to countries in conflict. MASS SURVEILLANCE Activists protesting with tactics involving civil disobedience faced prison sentences. In November, the government announced Following a popular vote, same-sex couples proposals giving police powers to use camera were granted the right to equal marriage. surveillance, interception and house Another two referendums, however, searches without suspicion of crime. Another confirmed draconian anti-terrorism laws and proposal included provisions expanding the a ban on full-face veils in public. mandate of private security guards to use BACKGROUND force in upholding law and order. There were concerns that this proposal lacked In September, following a 20-year campaign procedural safeguards for individuals and by civil society, parliament accepted a increased the risk of racial profiling. government proposal to create a national human rights institution (NHRI). Details of REFUGEES’ AND MIGRANTS’ RIGHTS the institution’s statute and financing were In July, changes to the Aliens Act entered still to be drafted, and the NHRI is expected into force, imposing new requirements that to take up its work in 2023. greatly restricted the ability of refugees and migrants to exercise family reunification REFUGEES’ AND MIGRANTS’ RIGHTS rights – one of the few safe and legal Amnesty International research exposed pathways to protection in Sweden. abuses by private security staff against Also in July, authorities halted forcible people housed in federal asylum centres, and returns to Afghanistan. In August, the identified systemic failures in the running of government temporarily changed the rules to the centres.1 Fourteen asylum seekers enable people in Afghanistan to be part of the interviewed, including two children, described abuses including beatings and Amnesty International Report 2021/22 351

denial of medical treatment. The government couples the right to equal marriage, including commissioned internal and external access to sperm donation for lesbian 5 investigations, which found disproportionate couples. use of force in at least three out of seven CORPORATE ACCOUNTABILITY cases investigated. The external investigation recommended reviewing the privatization of After the rejection of the Responsible security services, but failed to clearly Business Initiative by a majority of cantons in recommend protection for whistleblowers and 2020, the parliament adopted a much the creation of an independent complaints weaker counter-proposal focusing mainly on mechanism.2 non-financial reporting. The legislation, due CHILDREN’S RIGHTS to enter into force in January 2022, was The UN Committee on the Rights of the Child criticized by civil society and looked unlikely found that Switzerland violated 10 different to fully guarantee respect for human rights by 6 articles of the Convention on the Rights of the Swiss companies. Child when it deported a mother and her son 3 RIGHT TO A FAIR TRIAL to Bulgaria. IRRESPONSIBLE ARMS TRANSFERS In June, the country voted in favour of a new counter-terrorism law providing Federal In September, parliament passed a law Police with far-reaching powers, mostly regulating the export of arms. It prohibits without prior judicial control and due process transfers to States involved in internal armed guarantees. The measures – including use of conflict and to those that seriously and foot shackles, no-contact orders, zone bans systematically violated human rights. and preventive house arrest – risked violating FREEDOM OF ASSEMBLY the right to liberty and security of the person, the right to a fair trial and the rights of On 1 April, police cleared a protest camp children. Many of the measures could be near Eclépens. Of 150 environmental applied to children from 12 years of age.7 activists temporarily arrested, 43 were RIGHT TO PRIVACY charged. The imposition of prison sentences on some protesters following acts of civil In a welcome development for the protection disobedience unduly restricted their rights to of the right to privacy, in November, motions freedom of expression, conscience and were introduced in the local parliaments of 4 peaceful assembly. Zurich and Lausanne calling for a ban on the use of facial recognition technologies.8 DISCRIMINATION WOMENS’ RIGHTS 1. Switzerland: “I ask that they treat asylum seekers like human Parliament continued revising the criminal beings” – Human rights violations in Swiss federal asylum centres code provisions on rape. The public (EUR 43/4226/2021) 19 May consultation process showed an 2. “Switzerland: Moving Forward to Fight Violence in Federal Asylum unprecedented mobilization for a new rape Centres”, 18 October (French and German only) law based on consent. 3. “Children’s Rights: Switzerland criticized by UN Committee”, 21 In March, a referendum seeking to ban full- December (French and German only) face veils was accepted by a narrow margin, 4. “Switzerland: Prison sentences against environmental HRDs: despite concerns that the ban discriminated disproportionate and not confirming with human rights law”, 8 against a single religious community and September (French and German only) violated women’s rights, freedom of 5. “Switzerland: A milestone for equality”, 26 September (French and expression and religion. German only) 6. “Switzerland: Instructions for looking the other way”, 1 July (French LGBTI PEOPLE’S RIGHTS and German only) In a September referendum, a large majority of the population agreed to grant same-sex Amnesty International Report 2021/22 352

7. “Switzerland: Dangerous “Yes” vote gives police sweeping powers to the spread of Covid-19 and blocked access target people including children without charge or trial”, 13 June to medical care for thousands in south and 8. “Switzerland: No to facial recognition”, 18 November (French and north-east Syria. Tens of thousands of German only) internally displaced people were at risk of contracting Covid-19 due to dire living SYRIA conditions. Some European countries investigated and prosecuted individuals suspected of committing crimes under Syrian Arab Republic international law in Syria through their Head of state: Bashar al-Assad national courts under the principle of Head of government: Hussein Arnous “universal jurisdiction”. The death penalty remained in force and executions were Parties to the conflict continued to commit reported. with impunity serious violations of BACKGROUND international humanitarian law, including war crimes, crimes against humanity and On 12 April, the Organisation for the other gross human rights abuses. Prohibition of Chemical Weapons (OPCW) Government forces carried out direct reported that there “were reasonable attacks on civilians and civilian grounds” to believe that the Syrian infrastructure, including hospitals and gas government had conducted a chlorine attack facilities, and indiscriminate attacks on Saraqib city in Idlib governorate in 2018. through aerial bombing and artillery shelling As a result, the OPCW suspended “certain in Idlib governorate and western Aleppo rights and privileges” of Syria’s membership. countryside. They also besieged civilians in On 26 May, Bashar al-Assad was elected southern Syria and restricted and denied president for a fourth term. Only people living civilian access to humanitarian aid across in government-controlled areas and the the country. Security forces arbitrarily Syrian diaspora in some countries were subjected refugees returning to their homes allowed to vote. to unlawful detention, torture and other ill- In June, hostilities between the government, treatment, and enforced disappearance. supported by Russia, and Hay’at Tahrir al- Government authorities continued to Sham escalated in Idlib governorate and arbitrarily detain tens of thousands of Aleppo countryside as government forces people, including peaceful activists, tried to regain full control of the M4 and M5 humanitarian workers, lawyers and highways. In July, the government launched journalists, subjecting many to enforced a military offensive against armed opposition disappearance. The Syrian National Army groups in Daraa al-Balad city, which ended (SNA), supported by Turkey, continued to with a ceasefire agreement around mid- subject civilians in the northern cities of September. Afrin and Ras al-Ayn to arbitrary detention, Between July and August, unidentified torture and other ill-treatment, and armed groups detonated improvised abduction. In the north-east, the explosive devices in Afrin and Ras al-Ayn, two Autonomous Administration led by the cities under the control of pro-Turkey armed Democratic Union Party (PYD) arbitrarily groups, killing and injuring many civilians detained children in al-Hol camp and and damaging civilian infrastructure. In transferred them to prisons where they were August, unknown groups shelled al-Bab, a detained with adults. In the north-west, the city in northern Aleppo countryside controlled opposition armed group Hay’at Tahrir al- by pro-Turkey armed groups, causing civilian Sham arbitrarily detained and harassed casualties and destroying homes. activists and journalists. The government failed to provide a robust response to curb Amnesty International Report 2021/22 353

Israel continued air attacks targeting Syrian no access to food, electricity and enough government, Iranian and Hizbullah forces in water for more than 60 days. Syria. The government continued to block UN aid Factors including corruption, currency to Rukban camp in the isolated area between depreciation and Covid-19 measures the Syrian and Jordanian borders known as increased food insecurity and poverty. “the berm”, where tens of thousands of UNLAWFUL ATTACKS people still lived in harsh conditions without access to healthcare, sanitation or clean In early 2021, the government, supported by water. The government denied UN agencies Russian government forces, intensified aerial access to Menbij and Kobani, towns in north- and ground attacks on north-west Syria east Syria, forcing residents to rely mainly on under the control of Hay’at Tahrir al-Sham, support from international humanitarian including Idlib governorate and Aleppo organizations and the Autonomous countryside, according to the UN. The Administration, which were unable to meet attacks targeted civilians and civilian their needs. infrastructure including hospitals on the UN On 9 July, the UN Security Council deconfliction list, residential buildings and conditionally renewed for six months the markets, killing and injuring several civilians. authorization of Bab al-Hawa crossing point According to the Independent International for the delivery of UN humanitarian aid from 2 Commission of Inquiry on the Syrian Arab Turkey to north-west Syria. Republic (UN Commission of Inquiry), the The closure of al-Yarubiyah border crossing government launched guided missiles and in 2020, which ended UN delivery of aid artillery towards a hospital in Atareb in from Iraq, exacerbated the humanitarian western Aleppo countryside early on 21 crisis in north-east Syria. Due to the March, killing at least eight civilian patients government’s bureaucratic impediments and and injuring 13 others, including five medical restrictions on access, UN agencies and their workers. The report added that later that day, implementing partners could not deliver the government launched air strikes at a gas enough aid, especially medical aid. facility, destroying 18 trailers parked near ARBITRARY DETENTION AND ENFORCED Bab al-Hawa crossing point. As a result, DISAPPEARANCES humanitarian organizations operating at the border area had to temporarily suspend their SYRIAN GOVERNMENT operations. The government continued to subject tens of DENIAL OF HUMANITARIAN ACCESS thousands of people, including journalists, human rights defenders, lawyers and political Government forces besieged civilians and activists, to enforced disappearance, many blocked their access to food, water and for up to 10 years. essential services and continued to impede Between January and April, the government access to UN humanitarian agencies in the arbitrarily arrested 400 individuals, including south and north. judges, lawyers, journalists and public sector Between 24 June and mid-September, the employees, for their online criticism of the government besieged thousands of civilians government’s handling of the economic in Daraa al-Balad to pressure armed crisis. In a rare move, on 11 May, two weeks opposition forces to surrender and evacuate. ahead of the presidential election, the Throughout the siege, government forces government released them. prevented humanitarian organizations from Government forces subjected refugees, delivering food, medical supplies and other including children, who returned to Syria life-saving aid.1 A resident said that the only between mid-2017 and April 2021, to bakery in the neighbourhood had stopped arbitrary detention; torture and other ill- working after the flour ran out and there was treatment, including rape and other sexual Amnesty International Report 2021/22 354

violence; and enforced disappearance – and freedom of expression and assembly by interrogated them in connection with their arbitrarily detaining and harassing media 3 perceived opposition to the government. Five activists and journalists for criticizing the refugees subjected to enforced armed group’s rule and ideology. For disappearance died in detention. example, in September, it banned Orient SNA News Channel from broadcasting. The SNA, a pro-Turkey coalition of armed PYD-LED AUTONOMOUS ADMINISTRATION groups, continued to commit a range of On 18 May, Syrian Democratic Forces (SDF), abuses against civilians, predominately the Autonomous Administration’s military Syrian Kurds, in Afrin and Ras al-Ayn. The force, killed at least seven people while abuses included arbitrary detention, dispersing a protest in al-Hasakeh abduction, and torture and other ill- governorate against increased fuel prices. On treatment. 31 May, the SDF fired at a protest in Menbij According to the UN Commission of Inquiry, to disperse protesters calling on the the SNA tortured detainees during Autonomous Administration to end the forced interrogation to extract “confessions”. military conscription of men aged between 18 Detainees were also denied legal and 21. One protester was killed. representation and access to their families RIGHT TO HEALTH while held in informal detention centres. PYD-LED AUTONOMOUS ADMINISTRATION As in 2020, the government failed to provide The Autonomous Administration continued to a robust response to the spread of Covid-19, hold tens of thousands of people suspected including by failing to provide transparent of affiliation to the Islamic State armed group, and consistent information about the including children, in al-Hol camp in squalid outbreak in areas under its control. Public conditions and without access to due hospitals lacked sufficient beds, oxygen process. Women and children in the annex of tanks, ventilators and PPE, putting hundreds al-Hol camp, where third-country nationals of patients and health workers at risk. were held, were denied freedom of As of November, only 4.2% of Syria’s movement. This impacted their access to population had received at least one dose of healthcare in the camp due to multiple the Covid-19 vaccine through COVAX and checkpoints and security checks by the bilateral donations across Syria, according to Asayish, the Autonomous Administration’s the WHO. police force. Due to the government’s restrictions on The Asayish arbitrarily detained boys as humanitarian aid delivery and lack of support young as 12 in the annex, separating them to the health sector, people living in north- from their mothers and caregivers, solely on east Syria suffered the impact of severe suspicion of the boys’ potential future shortages of testing products, oxygen tanks “radicalization” and without any evidence of and ventilators as well as insufficient funding wrongdoing. The Asayish transferred the boys to humanitarian organizations supporting to detention centres described as facilities treating Covid-19 cases. Aid workers “rehabilitation centres” outside al-Hol camp, said NGOs had been unable to ensure a which lacked adequate access to food, water continuous supply of critical medication to and healthcare and where diseases such as treat diabetes, cardiovascular disease and tuberculosis and scabies were rampant. bacterial infections, as well as post-rape FREEDOM OF EXPRESSION AND treatment and reproductive health kits – ASSEMBLY supplies had previously been provided cross- border by the WHO and the UN Population HAY’AT TAHRIR AL-SHAM Fund. Hay’at Tahrir al-Sham, which controlled parts One health worker in Menbij, where the of north-west Syria, continued to repress Syrian government blocked UN access, said Amnesty International Report 2021/22 355

they were unable to provide treatment for all living. The camps’ populations had limited those suffering from cancer, thalassemia and access to humanitarian aid, especially food diabetes, and were forced to choose which and water, and health services. Children patients to treat due to short supplies. continued to face inadequate access to During the siege of Daraa al-Balad, education and healthcare. government forces blocked medical All displaced people in camps across Syria evacuations of patients with chronic health were at increased risk of contracting and conditions to hospitals in government- being severely affected by Covid-19 due to controlled areas. They also blocked the entry the lack of precautionary measures such as of medical aid and medication. According to social distancing, sufficient water and health workers, these actions caused the sanitation facilities, and access to healthcare, death of injured and sick people. as well as underfunded humanitarian REFUGEES’ AND INTERNALLY organizations. DISPLACED PEOPLE’S RIGHTS RIGHT TO TRUTH, JUSTICE AND By the end of the year, the number of people REPARATION internally displaced in Syria since 2011 had While the failure of the UN Security Council reached 6.7 million, while 5.6 million people to refer the situation in Syria to the ICC had sought refuge outside the country. continued, at least four European states Worsening humanitarian conditions in investigated and prosecuted individuals neighbouring countries, leading to suspected of committing war crimes or other administrative and financial obstacles to crimes under international law in Syria obtaining or renewing residency permits, through their national courts. continued to drive refugees back to Syria On 24 February, the Higher Regional Court where some of them faced detention, torture in Koblenz, Germany, sentenced a former and other ill-treatment, and enforced Syrian security officer to four-and-a-half years disappearance. in prison for crimes against humanity for his In July, the military offensive on Daraa al- role in aiding and abetting the torture of Balad displaced at least 36,000 civilians. detained protesters in Damascus. Most of them were hosted by friends and On 15 July, the German federal prosecutor’s relatives but some lived in collective shelters office charged a Syrian doctor, who fled Syria such as mosques and schools with to Germany in 2015, with crimes against insufficient access to food and medical aid. humanity, for torturing people in military Between June and August, the escalation in hospitals in Homs and Damascus. hostilities in north-west Syria led nearly On 16 July, a court in the Netherlands 100,000 people to flee their homes, the sentenced a former commander of an armed largest displacement since a ceasefire was opposition group, who sought asylum in agreed in March 2020. Most displaced 2014, to 20 years in prison for committing people lived in overcrowded, makeshift war crimes in Syria. camps and collective shelters with On 26 August, the Higher Regional Court of inadequate access to aid, essential services, Düsseldorf, Germany, sentenced two Syrian clean water, hygiene, food, healthcare, nationals. One, a media activist, was education and livelihood opportunities. sentenced to nine years in prison for filming Al-Hol and al-Roj camps in al-Hasake the execution of a Syrian government soldier governorate continued to host more than by al-Nusra Front, an armed opposition 60,000 people, including refugees and group. The other was sentenced to life internally displaced people from Syria and imprisonment for “shielding the execution” Iraq, the majority of them women and and membership of a “foreign terrorist children. The camps were overcrowded and organization”. did not provide an adequate standard of Amnesty International Report 2021/22 356

DEATH PENALTY In September, the Supreme Administrative The death penalty remained in force for Court revoked the extension of the Asia many offences. The authorities disclosed little Cement Corporation’s mining permit in information about death sentences passed Taroko people’s traditional territory. After and rarely provided information on litigation lasting four years, the court found executions. However, on 21 October, the that the Taroko people living near to the Ministry of Justice announced the execution mining site had not been adequately of people accused of involvement in igniting consulted on the project. However, concerns the wildfires that ravaged Syria in 2020. remained that existing legislation provided inadequate protection for Indigenous peoples 1. “Syria: Government must lift deadly siege of Daraa al-Balad and against mining and other commercial activities. Among the problems was Article 13 allow humanitarian aid to flow”, 27 August 2. “Syria: Russian threat to veto renewal of last aid corridor leaves of the Mining Act, under which existing mining permits remained valid and mining millions at risk of humanitarian catastrophe”, 25 June 3. Syria: “You’re Going to Your Death”: Violations Against Syrian could continue while mining companies Refugees Returning to Syria (Index: MDE 24/4583/2021), 7 applied for permit extensions.1 September LGBTI PEOPLE’S RIGHTS The Taipei High Administrative Court issued a TAIWAN judgment in May on transnational same-sex marriage that allowed a Taiwan-Macau same- Taiwan sex couple to marry in Taiwan. However, the Head of state: Tsai Ing-wen judgment only applied to same-sex couples Head of government: Su Tseng-chang where the Macau citizen is a long-term resident of Taiwan. In the meantime, the Certain restrictions on Indigenous peoples’ Ministry of Interior’s interpretation of the hunting rights were found to be relevant article in the Act Governing the unconstitutional. Legal protection for Choice of Law in Civil Matters Involving Indigenous peoples remained inadequate, Foreign Elements remained valid. Under this including against mining and other interpretation, transnational same-sex commercial operations. Despite a court marriage between Taiwanese citizens and ruling permitting the marriage of a Taiwan- foreigners was only permitted where the Macau same-sex couple, limitations on spouse was from a country where same-sex 2 same-sex marriage remained in place. unions had been legalized. Covid-19 orders discriminated against migrant workers. MIGRANTS’ RIGHTS In June, following an outbreak of Covid-19 INDIGENOUS PEOPLES’ RIGHTS cases among migrant workers, the Miaoli In May, the Constitutional Court ruled that the County government issued an order confining Controlling Guns, Ammunition and Knives all migrant workers in the county to their Act and the Wildlife Conservation Act were dormitory buildings except during working partly unconstitutional as they hours. The order, which affected more than disproportionately restricted the cultural and 22,000 people, discriminated against migrant hunting rights of Indigenous peoples. workers by severely limiting their freedom of 3 However, the court found that other movement. It was lifted after three weeks. restrictions on hunting were constitutional, DEATH PENALTY such as the requirement that Indigenous people obtain approval from the authorities In September, the Prosecutor-General made days before any hunting activities. an extraordinary appeal against a court decision not to sentence convicted arsonist Amnesty International Report 2021/22 357

Tang Jing-Hua to death. The appeal argued Afghanistan had passed through Tajikistan that the court’s reference to Taiwan’s and all were resettled in third countries. In obligations under the ICCPR as a reason not September the Minister of the Interior stated to impose the death penalty in this case was that Tajikistan did not have the infrastructure a misinterpretation of that document. There to host many refugees. A further 200 Afghan was no progress towards abolition of the nationals tried to enter Tajikistan in death penalty during the year and courts September but only 100 women and children continued to impose death sentences. were admitted. RIGHT TO HEALTH 1. Taiwan: A victory! The Government of Taiwan should fulfil the consent The authorities tightly controlled the narrative rights of Indigenous people, 17 September (Chinese only) 2. Taiwan: The Taipei High Administrative Court pronounces a ground around the Covid-19 pandemic, underplaying breaking judgment on transnational same-sex marriage, 6 May its real impact, which resulted in late and less (Chinese only) effective measures to limit its spread and 3. Taiwan: The Covid-19 preventive measures should avoid protect public health. On 26 January, the discrimination on the specific ethnic groups, 10 June (Chinese only) President told parliament that there were no more Covid-19 cases in Tajikistan. Media reports alleged pressure on medical workers TAJIKISTAN not to diagnose the virus, and at least one doctor was reportedly fired after returning a Republic of Tajikistan positive test. On 21 June, the Prime Head of state: Emomali Rahmon Minister’s office announced that some cases Head of government: Kokhir Rasulzoda had been detected and blamed the public’s failure to comply with protection measures. The government’s premature claims that Compulsory vaccination of all adults was Covid-19 transmission had ended, and tight introduced, but no information was given as control over information released, to how it would be enforced. Over 4 million undermined measures to protect public vaccine doses had been administered by the health during the pandemic. Survivors of end of the year. In September, the domestic violence continued to face government announced that there had been challenges in accessing justice. Torture and 17,000 cases of Covid-19 and 124 deaths other ill-treatment remained widespread but since the start of the pandemic, but under-reported. The government unduly independent media claimed that the rates restricted freedom of expression, sentencing were much higher based on their own opposition activists and government critics reporting. to lengthy prison terms on politically VIOLENCE AGAINST WOMEN AND GIRLS motivated charges. BACKGROUND Survivors of domestic violence continued to face many challenges in accessing support, On 28 April, fighting broke out on a disputed protection and justice. The 2013 law on section of the border between Tajikistan and domestic violence provides for survivors to Kyrgyzstan, triggered by a dispute between report abuse to law enforcement officers but local inhabitants on both sides over access to does not compel the relevant agencies to water. The Tajikistani authorities claimed that take appropriate steps to investigate by the time the violence ceased on 1 May, 19 complaints, issue protection orders and open people had been killed and 87 injured on the a criminal case. A new draft of the Criminal Tajikistani side. In July the government Code, containing an article specifically announced its readiness to accept 100,000 criminalizing domestic violence, was refugees from Afghanistan. In August, media discussed in parliament. It fails, however, to reported that 2,000 refugees from cover all types of violence notably Amnesty International Report 2021/22 358

psychological violence, marital rape and the Tajikistani authorities had placed him on sexual assault. an Interpol wanted list. Sadi Rakhmatov had TORTURE AND OTHER ILL-TREATMENT been charged in Tajikistan with “facilitating mercenaries”, a crime which carries a 15- In February, an Action Plan introduced as year sentence. part of a new strategy to reform the criminal On 25 March, independent lawyer and justice system came into force. It provides for Chairman of the Tajik Centre in Moscow, Izzat independent monitoring of detention Amon (also known as Izatullo Kholov), went facilities, as well as improved complaint missing. Two days later the Tajikistani Interior mechanisms for people in penitentiary Ministry announced that he was in detention institutions and the development of in the capital, Dushanbe, having been independent investigation mechanisms for extradited from Russia. Izzat Amon had deaths in custody. repeatedly criticized the Tajikistani Only a small number of torture and other ill- government for failing to protect the rights of treatment cases continued to be reported to Tajikistani migrants in Russia. In October the the authorities. In March the legal assistance Dushanbe City Court sentenced him to prison group of the NGO Coalition against Torture for nine years for fraud. reported that it had documented at least 38 On 1 June, Mirzo Hojimuhammad, a former cases of torture and other ill-treatment in the member of the arbitrarily banned Islamic course of 2020, noting that this represented Renaissance Party of Tajikistan (IRPT), was a fraction of the actual number of cases. sentenced to five years in prison for In June, three police officers were “membership of a banned extremist sentenced to between 10 and 13 years’ organization”. He had been working as a imprisonment for the torture of Hasan doctor in Russia for the past two years and Yodgorov in 2017. He “confessed” to a returned to Tajikistan in February for a visit. murder after being tortured with beatings and He was first placed under travel restrictions electric shocks for several days by police in and then arrested in May. His conviction was Tursunzoda, western Tajikistan. He spent six reportedly based on unspecified posts on months in pre-trial detention before the social media. In 2020 he had delivered a charges were dropped and he was released media interview criticizing the authorities’ late in May 2018, when another suspect was recognition of the Covid-19 pandemic. arrested. Hasan Yodgorov reported the In January, independent journalist Daler torture the day after his release. Two of the Sharipov was released on the expiry of his police officers fell under amnesties and their sentence. In April 2020, he had been found sentences were shortened as a result. guilty of “inciting religious discord” and FREEDOM OF EXPRESSION sentenced to one year’s imprisonment for unofficially publishing and disseminating his The authorities continued to suppress dissertation on Islam. opposition activists and government critics by In October, Buzurgmekhr Yorov’s sentence sentencing them to lengthy prison terms on was reduced by four years under an amnesty th politically motivated charges, often requesting declared to celebrate the 30 anniversary of their extradition from countries of exile and the country’s independence. Buzurgmekhr harassing their relatives in Tajikistan and Yorov, a lawyer, was sentenced to 28 years’ abroad. imprisonment for having represented several On 13 January, Sadi Rakhmatov, the members of the banned IRPT. brother-in-law of Sharofiddin Gadoev, the deputy leader of the arbitrarily banned opposition movement Group 24, was released from prison in Greece after spending two months in detention because Amnesty International Report 2021/22 359

recommendation from a national task force TANZANIA set up in May by the incoming president to inform state response to the pandemic. The United Republic of Tanzania taskforce recommended that the authorities Head of state and government: Samia Suluhu Hassan implement preventive measures to tackle the (replaced John Pombe Magufuli in March) spread of the virus. In August, the government started providing electronic post- Following the sudden death of President vaccination certificates as proof of Magufuli, the incoming president vaccination, fulfilling international established a task force to improve the requirements. According to the WHO, authorities’ response to the pandemic, Tanzania had administered over 2,431,769 marking a shift in her predecessor's policy Covid-19 vaccine doses by the end of the of Covid-19 denial. The government year, representing 4% of the population. continued to limit the rights to freedom of expression, association and peaceful REFUGEES’ AND MIGRANTS’ RIGHTS assembly by implementing draconian Burundian refugees in Tanzania continued to measures targeting political dissidents and live in fear. UN human rights experts said opposition, human rights defenders, that in 2021 the police and intelligence journalists and media outlets. The services, in cooperation with the Burundian authorities continued to pressure Burundian intelligence services, continued to use refugees into returning to Burundi. The violence, arbitrary arrests, strict encampment government lifted a ban on pregnant girls policies and threats of deportation to attending regular schools. pressure the refugees to leave the country. BACKGROUND The government also continued to implement refugee returns facilitated by UNHCR, the Samia Suluhu Hassan was sworn in as UN refugee agency. Government and Tanzania’s first female president on 19 UNHCR sources estimated that, at the end of March. She pledged to improve human December, there were 162,711 Burundian rights, but many of the commitments were refugees in Tanzania, representing about yet to be acted upon at the end of the year. 65% of the country’s refugee population; and RIGHT TO HEALTH UNHCR and other partners in Tanzania had supported more than 20,000 Burundian Public health prevention measures were refugees to return to their country, many of largely absent in the earlier part of the year. whom left Tanzania because of pressure from President Magufuli, who died in March, had the Tanzanian government. downplayed the scale of the pandemic, including by publicly dismissing the use of WOMEN’S AND GIRLS’ RIGHTS face masks, social distancing and vaccines. On 24 November, the government Until May, the government withheld announced it had lifted a 2017 ban on information relating to Covid-19, disregarding pregnant girls, and girls with children, from WHO guidelines on how to respond to the attending regular schools. Since 2017, the 1 pandemic. In February and March, religious authorities had implemented the ban under leaders reported a surge in the number of the Education Regulations Act 2002 which Covid-19-related deaths, including of nurses, states that students can be expelled if they priests and nuns. The new president’s are married or commit a criminal offence. administration reversed her predecessor’s In August, the president made sexist and approach, strengthening measures to control other offensive comments about women the virus. On 28 July, the government rolled footballers, describing some of them as “flat- out its Covid-19 vaccination programme, chested” and suggesting that their physical which prioritized health workers, following a appearance would prevent them from Amnesty International Report 2021/22 360

marrying. The comments were made while another person” and “failure to report change she addressed guests at a function to of ownership of a SIM card” – were dropped celebrate the victory of a men’s football team after the Director of Public Prosecution (DPP) in a regional competition. failed to prosecute the case. ARBITRARY ARRESTS AND DETENTIONS On 22 September, a court dismissed a sedition case against the Chadema deputy In the early hours of 21 July, police officers party leader, Tundu Lissu, and four Mawio raided a hotel in Mwanza town, arresting newspaper employees, after the DPP Freeman Mbowe, leader of the main withdrew the charges. Since 2016, the five opposition Party of Democracy and Progress, had been in court repeatedly, following the commonly known as Chadema, and 11 party state’s claim that they published seditious officials. He was about to convene a meeting content in the Mawio newspaper. calling for constitutional reform.2 Later that day, three other men associated with FREEDOM OF EXPRESSION Chadema were arrested in Mwanza. Freeman The Information Services Department, an Mbowe was taken to the Oysterbay police official body in the Ministry of Information, station in Dar es Salaam, presented at court Culture, Arts and Sports which has the more than five days later and charged with authority to license newspapers, continued to offences relating to economic crimes and use repressive media laws to target and financing terrorist activities, based on suppress independent reporting and restrict allegations dating back to the period between the media. The authorities imposed Section May and August 2020. The move appeared 59(2) of the Information Services Act 2016, to be a tactic to silence him. He was then which gives the minister of information transferred to Ukonga prison where he powers to ban any newspaper and to censor remained at the end of the year. The 14 media outlets. others were accused of gathering illegally and On 6 April, the president instructed contravening Covid-19 prevention measures, authorities to allow media outlets banned although such restrictions had not been under her predecessor’s administration to made public. Eleven of them were released resume operations. The director of the on police bail on 24 July and the remaining Information Services Department (also the three on 25 July. department’s Chief Government On 3 August, police arrested 22 women Spokesperson), backtracked on the order, from BAWACHA (the women’s wing of announcing on Twitter that the president had Chadema), ahead of planned protests against “directed the ban to be lifted for online Freeman Mbowe’s detention. The arrests took television only” and therefore newspapers place in multiple regions, including the remained subject to the ban “according to capital, Dar es Salaam, Mara and Mwanza. the laws”. They were held in police detention for On 11 August, the authorities suspended for between four and 15 days before being 14 days Uhuru, a newspaper owned by released on bail. Uhuru Publications Limited and established RIGHT TO A FAIR TRIAL by Chama Cha Mapinduzi (CCM), the ruling party. The authorities claimed that it had On 17 August, a court dropped criminal published a false report carrying the charges against Idris Sultan, a Tanzanian headline: “I have no intention of running for actor, comedian and radio host, who was the presidency in 2025 – Samia”. The CCM arrested in May 2020 for alleged “cyber- Secretary General responded by saying that bullying” after he distributed a video on social the newspaper’s board had suspended three media in which he mocked the late senior managers, including the CEO, over the president. The charges against him – “failure story and that they were conducting to register a SIM card previously owned by Amnesty International Report 2021/22 361

investigations as to why it was published. On 20 April, the Tanzania Human Rights Uhuru resumed publication on 27 August. Defenders Coalition (THRDC), made up of On 5 September, the Information Services more than 160 members, including human Department suspended Raia Mwema rights defenders and NGOs, announced that newspaper for 30 days, on allegations it its bank accounts had been unfrozen. The repeatedly violated professional journalistic police had ordered a commercial bank in standards and broke the law by publishing Tanzania to freeze the accounts in August reports that were misleading and amounted 2020, claiming it had failed to submit to the to incitement to violence. Office of the Treasury Registrar its contractual On 23 September, the police arrested agreements with donors, leading the THRDC cartoonist Optatus Fwema at his home in the to suspend operations during that period. Bunju area of Dar es Salaam after he posted a caricature of the president on social media. 1. “Tanzania: President’s new Covid-19 taskforce a positive move but He was detained at Oysterbay police station the work starts now”, 26 April where he was denied access to a lawyer, 2. “Tanzania: Release opposition leader and party members”, 21 July including during interrogation. Optatus 3. Tanzania: A chance to Prioritize Human Rights: Amnesty International Fwema was released on bail on 8 October Submission for the UN Universal Periodic Review, 39th Session of the after he was arraigned in a Dar es Salaam UPR Working Group, November 2021 (Index: AFR 56/3885/2021), 25 court and charged with publishing false March information online. He was facing trial at the end of the year. On 2 October, Harold Shemsanga, a THAILAND journalist for Mgawe TV, and six women members of Chadema were arrested while Kingdom of Thailand out jogging. They were charged with illegal Head of state: Maha Vajiralongkorn assembly and held at Mbweni police station Head of government: Prayut Chan-O-Cha in Dar es Salaam before being released on 4 October without being brought before a court. The government redoubled its efforts to HUMAN RIGHTS DEFENDERS restrict the rights to freedom of expression and peaceful assembly. Police used The authorities subjected human rights excessive force against protesters. defenders to arbitrary arrest and detention, Authorities judicially harassed and prosecution, intimidation, harassment and arbitrarily detained pro-democracy activists threats. On 5 January, a court in Dar es and human rights defenders. Proposed Salaam released human rights lawyer Tito legislation on torture and enforced Magoti, and his co-accused Theodory Giyani. disappearance did not comply with They had been arrested in December 2019 Thailand’s international human rights in connection with social media activities and obligations. Authorities increased the use of charged under the Economic and Organized lèse-majesté laws and criminally accused at Crimes Control Act 1984 for offences that do least 100 people, including children, of not allow for bail, and other charges under defaming the monarchy. the Cybercrimes Act 2015 and the Anti- BACKGROUND Money Laundering Act 2007. Their court case was adjourned more than 10 times Student-led protests gathered in strength and before they were finally released after number over the course of the year. entering a plea-bargain agreement with the Authorities imposed lockdown measures in DPP under which they were ordered to pay a parts of the country in response to surges in joint fine of TZS17.3 million (about Covid-19 infections. The government was 3 US$7,400). criticized for its slow vaccine roll-out, and the Amnesty International Report 2021/22 362

economy continued to suffer under Covid-19- the draft as containing prohibitions on related restrictions. operations of NGOs that are too broad and FREEDOM OF ASSEMBLY include most of their legitimate and protected activities. If the draft is passed, NGOs would Despite severe restrictions imposed by also be subjected to overly broad reporting authorities on public gatherings, ostensibly to and disclosure requirements and authorities curb the spread of Covid-19, 1,545 protests would be able to exert undue control over took place over the course of the year in funds received by groups from foreign different parts of the country. Calls by entities. Other provisions of concern included protesters included amendments to the disproportionate fines and penalties for non- Constitution, dissolution of parliament, reform profit-organizations that would have a chilling of the monarchy and the release of arbitrarily effect on individuals wishing to organize their detained protest leaders. They also own groups. demanded improvements in the FREEDOM OF EXPRESSION government’s handling of the pandemic. Authorities filed multiple charges against Authorities continued to use legislation protest leaders and participants for violating including the Emergency Decree, sedition restrictions on gatherings. and defamation laws, the Computer Crimes Riot police used excessive force during the Act and laws relating to contempt of court protests, indiscriminately firing rubber bullets and insulting the court to unduly restrict the and tear gas canisters at short range towards right to freedom of expression. During the protesters, bystanders and journalists. Many year, criminal and civil proceedings were described being kicked, hit with batons and initiated against at least 1,460 individuals, restrained for hours in tight plastic wrist cuffs, including children and student activists, for both on arrest and while in detention. expressing views perceived to be critical of Authorities often did not disclose where government actions. Protest leaders Parit individuals were detained and delayed their Chiwarak, Anon Nampa, Panusaya 1 access to lawyers. Sitijirawattanakul and Panupong Chadnok, Live ammunition was used against along with many others, faced sentences up protesters outside a police station in the to life imprisonment if convicted. The capital, Bangkok, in August. Although police authorities repeatedly arbitrarily detained and denied using live rounds, a 15-year-old-boy denied bail to other government critics. was shot in the neck and left paralyzed for In July, Prime Minister Chan-O-Cha issued a three months before he died. Two other boys, regulation that provided for up to two years’ aged 14 and 16, also suffered gunshot imprisonment for dissemination of “fake injuries.2 news” that “could spread fear and unrest, From August to September, at least 270 and harm national security”. However, in children, including a 12-year-old boy, were August, the Civil Court suspended a charged as a result of their participation in regulation allowing internet censorship and protests. Some of them were prosecuted suspension of media organizations, finding under lèse-majesté or other provisions of the that it excessively restricted rights. Criminal Code, and others under the Authorities threatened Facebook and other Emergency Decree on Public Administration platforms with legal action to force them to in Emergency Situations related to the restrict content perceived to be insulting the Covid-19 response. monarchy. Authorities also blocked access to FREEDOM OF ASSOCIATION the website Change.org after it hosted a petition signed by more than 130,000 people In December, the government approved a calling for King Maha Vajiralongkorn to be draft Act on the Operations of Not-for-Profit declared persona non grata in Germany. Organizations. Civil society groups criticized Amnesty International Report 2021/22 363

After a two-year pause, authorities resumed arrested by authorities for entering the using lèse-majesté laws. At least 116 people, country illegally. Border officials pushed back including at least three children, were into Myanmar approximately 2,000 Karen charged with lèse-majesté between January villagers who fled to Thailand to escape and November. Among them was “Anchan”, military air strikes. In November, authorities a former civil servant, who was sentenced to forcibly returned refugees to Cambodia. 87 years’ imprisonment for sharing audio files RIGHT TO HEALTH on social media. The sentence was halved after she pleaded guilty. In March, police Thailand was hit by a third wave of Covid-19 arrested and charged two girls, aged 14 and infections in April, with the government’s slow 15, for burning pictures of the King. vaccine roll-out cited as a significant In July, five people, including an Amnesty contributory factor to this and other surges in International staff member, were fined after infections during the year. Government they took part in a panel discussion on the records showed more than 20,000 people fate of Thai activists abducted in died from the virus. Approximately 87,000 neighbouring countries since 2016. The cases were reported in prisons, exacerbated panellists raised concerns about the lack of by poor hygiene and overcrowded conditions. investigation into the enforced disappearance At least 185 prisoners died as a result. of pro-democracy activist Wanchalearm Satsaksit in Cambodia in June 2020, as well INDIGENOUS PEOPLES’ RIGHTS the failure of the Thai authorities to establish In February, ethnic Karen people protested in the fate or whereabouts of eight other exiled front of the Government House in Bangkok activists who remained missing. demanding to be allowed to return to their TORTURE AND OTHER ILL-TREATMENT ancestral lands in Jai Pan Din village in Kaeng Krachan National Park, where they In August, Jiraphong Thanapat died after had lived for decades prior to being forcibly being tortured at Muang Nakhon Sawan evicted in 2011. In March, 22 Karen villagers police station. Video evidence showed police were arrested and detained in Kaeng officers suffocating him by placing a plastic Krachan National Park for trespassing. bag over his head until he collapsed. Lawyers were not allowed to be present ENFORCED DISAPPEARANCES during their interrogations. In September, parliament agreed an initial SEXUAL AND REPRODUCTIVE RIGHTS draft of a law that would criminalize both In February, parliament amended the torture and enforced disappearances for the Criminal Code, making abortion legal up to first time. However, the draft failed to include the first 12 weeks of pregnancy. The term of important elements, in line with international imprisonment for women convicted of standards, such as: the inclusion of “persons terminating their pregnancy after the first or groups of persons acting with the trimester was also reduced from three years authorization, support or acquiescence of the to six months, but abortion after 12 weeks State” among perpetrators of an enforced remained a criminal offence. disappearance; the inclusion of cruel, inhuman or degrading treatment by law 1. Thailand: "My Face Burned as if on Fire": Unlawful Use of Force by enforcement personnel as punishable Police During Public Assemblies (ASA 39/4356/2021), 2 July offences; and provisions on the continuous 2. “Thailand: Urgent investigation needed after live rounds fired at nature of the crime. child protesters”, 18 August REFUGEES’ AND MIGRANTS’ RIGHTS After the February military coup in Myanmar, three journalists who fled to Thailand were Amnesty International Report 2021/22 364

saying, among other things, “Faure TOGO Gnassingbé will have a tragic end if he does not act quickly to hand over power to the real Togolese Republic winner”, and claiming that Agbéyom Messan Head of state: Faure Gnassingbé Kodjo was the real winner of the 2020 Head of government: Victoire Tomegah Dogbè presidential election. On 9 December the Supreme Court The right to freedom of expression was overturned an HAAC decision to suspend La violated; sanctions were imposed on media Symphonie newspaper for two months, after outlets. A draft freedom of association bill it criticized an HAAC sanction against The threatened to violate human rights. Guardian newspaper. Detainees suffered overcrowding. Health Ferdinand Ayité, editor of L’Alternative, and workers denounced violations of the right to Joël Egah, editor of Fraternité were detained health. Discrimination including violence on 10 December for contempt of public against women continued. officials, and “dissemination of false news”, FREEDOM OF EXPRESSION according to their lawyer, after journalists criticized two ministers during broadcasting. Several cases of judicial harassment against They were provisionally released on 31 journalists, media outlets and activists were December and the presenter, Isidore reported. Kouwonou, was placed under judicial On 3 February, three journalists were supervision. arrested for interviewing a local authority On 11 December activist Fovi Katakou, a chief perceived to be critical of the known government critic, was arrested and government. They were released the same charged with “incitement to revolt against the day. authority of the state”, among other things. On 9 March, L’Alternative newspaper was He was provisionally released on 20 suspended for four months, after the December and placed under judicial Supreme Court’s administrative chamber supervision. upheld the suspension imposed in February MASS SURVEILLANCE by the High Authority of Audiovisual Communication (HAAC). The sanction A major investigation into the leak of 50,000 followed a complaint by a minister regarding phone numbers of potential surveillance an article which alleged that he falsified targets of Pegasus spyware, revealed more documents. than 300 Togolese phone numbers on the The administrative chamber also upheld a list. Numbers included those belonging to January HAAC decision to order activists, political opponents and journalists – L'Indépendant Express newspaper to cease including Ferdinand Ayité – who were all activities after it reported on an alleged potential targets for surveillance by the theft by two ministers. The HAAC decision authorities. said the article “seriously violated rules of FREEDOM OF ASSOCIATION professional conduct and ethics”. On 27 August, Paul Missiagbeto, special On 26 July, the authorities announced the adviser to government opponent and former suspension until further notice of the granting presidential contender AgbéyomMessan and renewal of NGO licences in order to Kodjo, was sentenced to 48 months in “update the regulatory framework” and prison, 24 of which were suspended, by the “strengthen the results of NGO interventions Court of First Instance of Lomé, for “death by aligning them with government priorities”. threats, insults against representatives of For the first time since 2012, the Ministry of public authority, and dissemination of false Territorial Administration did not renew the news”. He had sent WhatsApp messages Amnesty International Report 2021/22 365

licence of the Association of Victims of insufficient Covid-19 care centres, the Torture in Togo. shortage of scanners and other medical In August, four UN Special Rapporteurs equipment, as well as health workers’ unpaid wrote to the authorities expressing concern salaries. about provisions in a freedom of association RIGHT TO SOCIAL SECURITY bill which violated international human rights On 12 October, Parliament adopted a law standards. establishing universal health insurance, with TORTURE AND OTHER ILL-TREATMENT the stated purpose of ensuring access to quality healthcare for everyone. Yakoubou Abdoul-Moutawakilou, secretary general of the Pan African National Party, Kpalimé section, died on 26 August a month TRINIDAD AND after he was temporarily released from Lomé prison for health reasons. Arrested in January TOBAGO 2020 and detained until July 2021, he was accused of attempting to conspire against Republic of Trinidad and Tobago state interior security in the “Tiger Head of state: Paula-Mae Weekes Revolution” case, in which dozens of people Head of government: Keith Christopher Rowley were arrested and accused of destabilizing state institutions in the context of the Authorities continued to restrict access to presidential elections. In 2020, at least four international protection for asylum seekers. of them died after being transferred from Women asylum seekers remained at Lomé prison to healthcare facilities. The heightened risk of gender-based violence. Committee for the Release of All Political The government failed to abolish the Prisoners denounced the ill-treatment of mandatory death penalty or provide detainees in this case. protection in law for LGBTI people. In May, there were 4,906 people held in 14 BACKGROUND prisons which had a capacity for 2,886; 2,762 of them were pre-trial detainees. A state of emergency, including restrictions on freedom of movement and a curfew, were WOMEN’S RIGHTS put in place during much of the year to curb In July, the UN Human Rights Committee the spread of Covid-19. adopted its concluding observations on Togo’s fifth periodic report, noting that several REFUGEES’ AND MIGRANTS’ RIGHTS national laws still contained provisions which As of August, over 20,800 refugees and discriminated against women; a lack of asylum seekers had been registered with measures – particularly in terms of protection UNHCR the UN refugee agency; 86% were – to allow rape victims access to justice from Venezuela and 7% from Cuba. without fear of discrimination, stigmatization Trinidad and Tobago remained one of the or reprisals; and the continued use of female few countries in the Americas to have no genital mutilation despite its being national legislation on asylum. In practice, criminalized. this meant that people who applied for RIGHT TO HEALTH protection or were granted refugee status by UNHCR, which processes asylum claims in WORKERS’ RIGHTS the country, continued to have limited access In September, health unions organized a sit- to many of the rights granted under the UN in in several cities to denounce the Refugee Convention and its Protocol, to dysfunctional health system in the context of which Trinidad and Tobago is party. the Covid-19 pandemic. They highlighted the Most Venezuelans continued to arrive lack of medical staff in intensive care units, irregularly by boat as most legal routes of Amnesty International Report 2021/22 366

entry were closed to them. However, irregular LGBTI PEOPLE’S RIGHTS entry continued to be criminalized, leaving The Attorney General also announced many asylum seekers, including children, at national consultations on legislation which risk of detention and/or refoulement, in criminalizes same-sex sexual relationships. A contradiction to international human rights JCPC ruling which could have implications law and standards. for LGBTI rights, was still pending at the end In a positive development, authorities of the year. granted migrants and asylum seekers access to Covid-19 vaccines. 1. Trinidad and Tobago: Protect People Fleeing: Amnesty International VIOLENCE AGAINST WOMEN AND GIRLS Submission for the UN Universal Periodic Review, 39th Session of the UPR Working Group, 1-12 November 2021 (Index: AMR Women and girls continued to be at risk of 49/4554/2021), 5 August gender-based violence and discrimination. Venezuelan women seeking international TUNISIA protection reported that they had been frequent targets of harassment and sexual 1 Republic of Tunisia violence during 2020. In August 2021, according to news reports, a Venezuelan Head of state: Kaïs Saïed woman was kidnapped and threatened with Head of government : Najla Bouden (replaced Hichem rape. Mechichi in September) Venezuelan women remained afraid to report attacks, including because of fear that Tunisia's Covid-19 vaccination programme perpetrators would report them to the police was initially slow and failed to prioritize the or the immigration authorities and, under the most vulnerable, but it improved from July. current legal framework, that they could be In July, the President claimed exceptional detained or deported. powers to legislate and govern. Security Venezuelan women continued to experience forces continued to respond to peaceful a range of crimes associated with trafficking protests with arbitrary arrests and excessive into the sex sector, including deprivation of force with impunity. The military justice their liberty by traffickers, rape and other system increased prosecutions of civilians, forms of sexual violence, labour exploitation including four people for publicly criticizing and debt bondage. However, there remained the president. The authorities imposed insufficient resources for anti-trafficking arbitrary travel bans on at least 50 programmes, including safe shelter, Tunisians and placed at least 11 under healthcare and counselling. arbitrary house arrest. Freedom of Some women seeking asylum sold sex as a expression was curtailed under vague and way to support their livelihoods but often had repressive laws. A refugee was returned to to work long hours in exploitative work Algeria where he was imprisoned. Domestic conditions and had debts to pay off related to violence against women increased. Security their passage to the country. forces assaulted and harassed LGBTI DEATH PENALTY activists. In November, the Attorney General BACKGROUND announced national consultations on the In March, parliament approved a bill to mandatory death penalty, which remained in facilitate the creation of a constitutional court, force and was pending a judgment from the which the President rejected on the grounds Judicial Committee of the Privy Council that the constitutionally mandated deadline (JCPC) in the UK, Trinidad and Tobago’s for creating the court had expired. highest appellate court. Since September 2020, there were at least 718,561 officially recorded Covid-19 cases Amnesty International Report 2021/22 367

and more than 25,000 deaths in a population The decree-law obliged employers to of about 11.7 million. In mid-July 2021, suspend without pay public sector and confirmed daily deaths per million were the salaried private sector workers who lacked a second highest in the world. vaccine pass. On 25 July, the President suspended FREEDOM OF ASSEMBLY parliament and dismissed Prime Minister Hichem Mechichi, citing emergency powers Despite frequent bans on public gatherings under Article 80 of the Constitution. In as part of the government’s Covid-19 September, he issued Decree-Law 2021-117, measures, people staged protests throughout which suspended most of the Constitution the year, often in relation to socio-economic and granted him total control of most aspects rights. Police arrested more than 1,500 of governance, including the right to legislate people during the January wave of through decrees and to regulate the media, demonstrations. civil society and courts. On 11 October, the That month, one police union responded to President announced a new government. peaceful protests by announcing a ban on The economic crisis deepened, with the “all unauthorized protests” in the capital, fiscal deficit forecasted to reach 7.6% by the Tunis, and threatened to file complaints end of the year; unemployment rates had against all demonstrators “who humiliated reached 18.4% by the third quarter of 2021. the police”. In November, the International Monetary After 25 July, security forces responded to Fund resumed technical discussions with the demonstrations in different ways. For authorities that had stopped in July about a instance, they used excessive force against a potential finance programme to overcome the demonstration in Tunis on 1 September economic crisis. calling for the reopening of the investigation In September, the nationwide curfew into the 2013 political assassinations of two imposed in October 2020 to curb Covid-19 opposition politicians, but did not disperse was lifted. protests in support of the president in RIGHT TO HEALTH downtown Tunis on 26 September and 10 October. In March, the government launched its EXCESSIVE AND UNNECESSARY USE OF Covid-19 vaccination campaign which FORCE proceeded slowly and unevenly due to lack of vaccines and poor management; only 6% of During protests in January and February, the population had been vaccinated by mid- police used excessive force, including July. While authorities prioritized older people beating peaceful protesters and firing tear and frontline health workers in line with WHO gas canisters recklessly.2 recommendations, they failed to prioritize On 18 January in Sbeitla city, police fired other at-risk groups, notably people with tear gas canisters in residential disabilities, those living in extreme poverty, neighbourhoods, with some landing inside prisoners and people experiencing homes. Haykal Rachdi and Aymen homelessness.1 Mahmoudi were struck on the head by tear In July, the president secured significant gas canisters fired at close range. Haykal vaccine donations from abroad and Rachdi died from his injuries a week later.3 transferred oversight to the military. By the On 8 June, Ahmed Ben Amara died in end of the year, at least 46% of the hospital shortly after his violent arrest by population had been vaccinated. In police in the Sidi Hassine neighbourhood of December, a decree-law mandated vaccine Tunis. His death sparked clashes to which passes for everyone aged 18 and over to the security forces responded using unlawful enter many public spaces, and for Tunisian force, including beatings. The police attacked citizens aged 18 and over to travel abroad. 15-year-old Fedi Harraghi, stripping off his Amnesty International Report 2021/22 368

trousers, kicking him repeatedly and beating Authorities placed at least 11 people under him with batons. The interior ministry first house arrest between July and October, in denied the incident, but subsequently some cases without a clear explanation. All suspended three officers. None of the officers the orders had been lifted by the end of the 4 was held to account before a court. year. UNFAIR TRIALS FREEDOM OF EXPRESSION MILITARY TRIALS OF CIVILIANS Authorities continued to cite vaguely worded From July, the military justice system laws criminalizing insult, defamation and investigated and prosecuted at least ten incitement to violence to investigate and civilians, including four for criticizing prosecute people for non-violent speech, President Saïed, a significant increase from including before military courts. previous years. In January, amid protests over poverty and A military court investigated six members of police violence, police in Tunis arrested parliament (MPs) from the Al Karama party, Ahmed Ghram for Facebook posts critical of along with a lawyer from Tunis, over an police repression and alleged official altercation in March with the police at Tunis corruption, accusing him of inciting looting. international airport. He was detained for 11 days before a court In July, a military court jailed MP Yassine acquitted him. Police in Tunis also arrested Ayari for two months for a 2018 conviction activist Hamza Nasri Jerridi while he was under Article 91 of the Military Code of protesting peacefully, accusing him of Justice, which criminalizes insulting the insulting a police officer. He was detained for army. After 25 July, he faced a new trial three days before a judge ordered his release before a military court on various charges, pending trial. including further accusations of insulting the In April, the health ministry barred all but a army and offending the president, after he selected list of public sector health workers criticized President Saïed for staging what he from speaking publicly about the Covid-19 described as “a military coup”. The court pandemic in Tunisia, threatening them with 5 acquitted him on 27 October. Also in disciplinary action or criminal prosecution if 7 October, a military court investigated they did not comply. television presenter Amer Ayad and Al On 26 July, police in plain clothes raided Al Karama MP Abdellatif Aloui under Penal Jazeera's office in Tunis and confiscated staff Code provisions that criminalize offending the phones and office keys. president, seeking to change state structure, In October, the media regulator ordered the inciting violence or defaming a public official. closure of Zitouna TV, a private television FREEDOM OF MOVEMENT station, three days after police arrested a presenter and an MP for their on-air criticism From August, airport police arbitrarily barred of President Saïed. The regulator said the at least 50 Tunisians from travelling abroad, station was operating without a licence. The without providing a court order, time frame or same month, police closed down private 6 explanation. Under Tunisian law, only stations Nessma TV and Al-Quran radio, judicial authorities may order travel bans. saying they were operating without a licence. President Saïed said on 16 August that the bans were part of efforts to prevent people REFUGEES’ AND MIGRANTS’ RIGHTS suspected of corruption or posing a security UNHCR, the UN refugee agency, registered threat from fleeing the country. By the end of 3,920 refugees and asylum seekers during the year, this practice ceased after the 2021, a 21% increase from 2020. While president called on security forces not to Tunisia’s Constitution guarantees the right to impose them without a judicial order. seek political asylum, its law does not provide Amnesty International Report 2021/22 369

a legal and procedural framework for asylum In March, a Tunis court sentenced women’s seekers. rights and LGBTI activist Rania Amdouni to On 25 August, unidentified men abducted six months in prison for “insulting a public Algerian Amazigh activist and Christian official”, under Article 125 of the Penal Code, convert Slimane Bouhafs from his home in after she went to a police station to report 9 Tunis. A refugee registered with UNHCR, he police harassment due to her activism. At was forcibly returned to Algeria, where he the station, eight officers insulted and was imprisoned. By the end of the year, threatened her because of her gender Tunisian authorities had not issued formal expression, while refusing to register her comment on the matter.8 complaint. When she protested against her WOMEN'S RIGHTS treatment outside the station, officers arrested her. Impunity for violence against women In October, two police officers in Tunis continued. In May, Refka Cherni was fatally insulted and violently assaulted LGBTI activist shot by her husband two days after filing a Badr Baabou, who heads the prominent complaint against him with police for Tunisian LGBTI rights group DAMJ. As he lay frequent physical abuse. After she made on the ground, the officers stole his laptop repeated complaints, police referred the case and mobile phone, and told him the beating to a prosecutor but did not arrest or issue a was retaliation for filing complaints against protection order against her husband, a police and “defending whores” and gay police officer. The prosecutor also failed to people, about whom they used homophobic order any measures to protect Refka Cherni language. from potential violence, saying that she had IMPUNITY decided to drop the complaint. In October, trial proceedings began against No judgments or verdicts were delivered in MP Zouhair Makhlouf for sexual harassment, 10 trials against members of security forces after his parliamentary immunity was lifted. for excessive use of force and other abuses Protests against his crimes were led by against civilians during Tunisia’s December feminist groups in front of the court in Nabeul 2010 to January 2011 revolution. The trials, town. In November, he was sentenced to one which opened in 2018, were held before year in prison. specialized courts and based on referrals by the Truth and Dignity Commission created 10 LGBTI PEOPLE’S RIGHTS after the revolution. LGBTI activists continued to be arrested and DEATH PENALTY prosecuted under laws that criminalize consensual same-sex sexual relations, Death sentences were handed down; there “indecency” and acts deemed “offensive to were no executions. public morals”. Violent attacks against and harassment of them by the police increased 1. Tunisia: COVID-19 Vaccination Plan Must Be Fair and Transparent in 2021. (Index: MDE 30/4459/2021), 15 July Transgender people faced arrest under 2. “Tunisia: Authorities must refrain from using unnecessary and vague “public decency” articles of the Penal excessive force against protesters”, 18 January Code, including Article 226bis. 3. “Tunisia: Investigate circumstances of a young man’s death following In February, security forces assaulted, reckless tear gas use by police”, 28 January threatened and verbally harassed LGBTI 4. “Tunisia: Death following violent arrest highlights cycle of police activists during protests and harassed them impunity”, 18 June online, including by posting activists’ 5. Tunisia: Parliamentarian Convicted by Military Court: Yassine Ayari addresses, phone numbers and sexual (Index: MDE 30/4718/2021), 14 September orientation on social media. 6. “Tunisia: President must lift arbitrary travel bans”, 26 August Amnesty International Report 2021/22 370

7. “Tunisia: Rescind ministerial order censoring health workers over 12 executives of the Ankara Bar Association. Covid-19”, 20 April They were accused of “insulting a public 8. “Algerian refugee deported from Tunisia now imprisoned in Algeria”, officer” for criticizing homophobic and 3 September discriminatory remarks made by the 9. “Tunisia: Release prominent LGBTI rights activist jailed for insulting president of the Directorate for Religious police”, 16 March Affairs during a Friday sermon in 2020. In 10. “Tunisia: Struggle for justice and reparation continues for victims 10 April, the Ankara court accepted the years after the revolution”, 14 January indictment. In July, the same permission was granted for the investigation against members TURKEY of the Istanbul and Izmir bar associations for “insulting religious values”. The investigations Republic of Turkey and prosecutions were ongoing at the end of Head of state and government: Recep Tayyip Erdoğan the year. In July, parliament approved an omnibus Deep flaws in the judicial system were not bill extending emergency powers for another addressed. Opposition politicians, year and allowing the dismissal of public journalists, human rights defenders and servants, including judges and prosecutors, others faced baseless investigations, for having alleged links to “terrorist” prosecutions and convictions. Turkey organizations without the possibility of judicial withdrew from the Istanbul Convention. review. Government officials targeted LGBTI people REPRESSION OF DISSENT with homophobic rhetoric. Freedom of peaceful assembly was severely curtailed. A In January, the Ankara court accepted a new law unduly restricted freedom of 3,530-page indictment for the prosecution of association for civil society organizations. 108 people, including former and present Serious and credible allegations of torture members of the People’s Democratic Party and other ill-treatment were made. Turkey (HDP) and its former co-leader Selahattin hosted 5.2 million migrants and refugees, Demirtaş. The indictment contained 29 but thousands of asylum seekers were separate charges including “intentional denied entry. Physical attacks against killing” and “disrupting the unity and refugees and migrants increased in the territorial integrity of the state.” They were context of rising anti-refugee rhetoric. accused of mobilizing masses to commit BACKGROUND violence during protests on 6-8 October 2014 under the instructions of the Kurdistan The new Human Rights Action Plan and two Workers Party (PKK). Dubbed the “Kobani Judicial Reform Packages prepared by the trial”, proceedings were ongoing at the end of Ministry of Justice failed to address deep the year. flaws in the judiciary. In March, human rights defender and In October, parliament extended the opposition parliamentarian Ömer Faruk mandate for military operations in Syria and Gergerlioğlu was stripped of his immunity Iraq for another two years. A threat by the and imprisoned after the Court of Cassation president to expel 10 Western ambassadors upheld his two-and-a-half-year prison after they called for the immediate release of sentence for sharing a tweet in 2016. He was civil society leader Osman Kavala was released after almost three months in custody withdrawn after several days. following a ruling in July by the Constitutional STATE OVERREACH Court that his rights to liberty and to participate in political life had been violated. JUDICIARY AND LAWYERS In April, in another case against Selahattin In January, the Ministry of Justice granted Demirtaş, the Court of Cassation upheld his permission to open an investigation against four years and eight months’ prison sentence Amnesty International Report 2021/22 371

for “making propaganda for a terrorist Şimşek had been tortured and violently organization”. In September and December, pushed back by Greek border forces. the Council of Europe’s Committee of In October, in the landmark decision Vedat Ministers monitoring the implementation of Şorli v Turkey, the ECtHR found that Article the December 2020 Demirtaş v Turkey 299 of the Criminal Code, which criminalizes decision by the European Court of Human insulting the president, was incompatible with Rights (ECtHR), reiterated its call for his the right to freedom of expression, and urged immediate release. the government to align the legislation with In September, the Eruh Criminal Court of Article 10 of the European Convention on First Instance sentenced Zana Aksu, a Human Rights. conscientious objector and former director of HUMAN RIGHTS DEFENDERS the Human Rights Association’s (IHD) Siirt branch, to 18 months’ imprisonment and a In January, the Istanbul Regional Appeals fine of 10,000 TL (€700) for “desertion”. The Court overturned the February 2020 case was pending before the Diyarbakır acquittals of Osman Kavala and eight other Regional Appeals Court at the end of the civil society figures in the Gezi Park trial. In year. Zana Aksu had previously been February, judicial authorities merged Osman convicted on the same charge in 2018 and Kavala’s prosecution for “attempting to acquitted in a separate case in 2020 on the overthrow the constitutional order” and grounds of double jeopardy. “espionage” with the Gezi Park prosecution FREEDOM OF EXPRESSION for “attempting to overthrow the government”. In August, it was further In April, the ECtHR ruled that the rights to decided to merge these combined freedom of expression and to liberty and prosecutions with the retrial in the unrelated security of journalist Ahmet Altan had been Çarşı case, in which 35 football supporters violated. The following day, the Court of were prosecuted for their alleged Cassation overturned the verdict but ordered participation in the 2013 Gezi Park protests. his immediate release based on the excessive Although all 35 had been acquitted in length of his imprisonment. The verdict for December 2015, in March the Court of his co-defendant, Nazlı Ilıcak, was also Cassation overturned the acquittals, overturned. Their case was returned to the recommending the merger of the case with lower court for retrial. In December, the the Gezi Park trial. In December, the Council ECtHR similarly found that Nazlı Ilıcak's of Europe’s Committee of Ministers formally rights to liberty and security and freedom of notified Turkey of its intention to initiate expression had been violated. infringement proceedings for its failure to In September, a Diyarbakır court sentenced comply with the ECtHR judgment to release human rights lawyer Nurcan Kaya to a Osman Kavala. suspended sentence of one year and three In February, human rights lawyer and months’ imprisonment for “making defender Eren Keskin was sentenced to six propaganda for a terrorist organization” years and three months’ imprisonment for concerning a tweet about the Islamic State “membership of a terrorist organization” in siege of Kobani in 2015. the Özgür Gündem newspaper trial, for In October, the Malatya court sentenced participating in a solidarity campaign. The Kurdish writer and Kurdish Pen member case was pending appeal at the end of the Meral Şimşek to one year and three months’ year. imprisonment for “making propaganda for a The retrial of Şebnem Korur Fincancı and terrorist organization”, relating to her writings, Erol Önderoğlu for their one-day editorial the awards she received and the content of support of Özgür Gündem restarted in wiretapped conversations. In July, Meral February after their 2019 acquittals were overturned on appeal. Amnesty International Report 2021/22 372

In March, Öztürk Türkdoğan, co-chair of the into force on 1 July. According to IHD, was arrested during a police raid in his independent women’s rights organizations, home on suspicion of “membership of a 280 women were killed during the year as a terrorist organization”. He was released the result of gender-based violence and 217 same day with judicial control measures. women were found suspiciously dead. In March, the prosecutor at the Court of Cassation issued his opinion asking for the LGBTI PEOPLE’S RIGHTS conviction of Taner Kılıç, the former Chair of In a tweet in January, the minister of interior Amnesty International Turkey, to be upheld referred to four Boğazici University students without justification, while requesting that the as “LGBT perverts”. He was commenting on convictions of Özlem Dalkıran, Idil Eser and the students’ arrest in relation to a campus Günal Kurşun be overturned. The case was art exhibition depicting a religious site with pending before the Court of Cassation at the symbols of the LGBTI community. end of the year. In March, the government attempted to In September, Raci Bilici, former chair of justify the withdrawal from the Istanbul the IHD’s Diyarbakır branch, was retried after Convention by claiming that the Convention the Regional Appeals Court overturned his was instrumentalized to “normalize conviction in December 2020. The Diyarbakır homosexuality” and that this was court again sentenced Raci Bilici to six years “incompatible with Turkey’s social and family and three months’ imprisonment for values”. membership of a terrorist organization. The FREEDOM OF ASSEMBLY case was pending on appeal at the end of the year. Police used unnecessary and excessive force In October, human rights defender Mehmet while detaining hundreds of students during Selim Ölçer was sentenced to two years and peaceful assemblies protesting at the one month’s imprisonment for “supporting a presidential appointment of Professor Melih terrorist organization” based on his Bulu as rector of Boğaziçi University. At least membership of the Diyarbakır-based 11 students were remanded in pretrial Sarmaşık Association, a civil society detention and 31 others put under house organization fighting against poverty which arrest, along with hundreds subjected to was closed down by executive decree in judicial controls and prosecutions for violating 2016. the Law on Meetings and Demonstrations. The trial of three police officers and an Seven students faced prosecution on charges alleged member of the armed PKK accused of “inciting the public to enmity and hatred”, of killing human rights lawyer Tahir Elçi and prison sentences of up to three years in continued in Diyarbakır. The officers faced relation to the Boğazici campus exhibition. By charges of gross negligence manslaughter. the year’s end, two students had been remanded in pretrial detention for protesting WOMEN’S AND GIRLS’ RIGHTS against the new rector who replaced Melih On 20 March, by presidential decision, Bulu in August. Turkey withdrew from the Council of Europe In March, the trial began of 46 individuals, Convention on combating and preventing including human rights defenders, political violence against women and domestic activists, journalists, and relatives of victims violence (Istanbul Convention), depriving of enforced disappearances dubbed the women and girls of a vital instrument of “Saturday Mothers/People.” The defendants protection from all forms of violence, without faced charges under the Law on Meetings discrimination. The announcement coincided and Demonstrations for refusing to disperse with a surge in domestic violence cases during their 700th weekly vigil on 25 August during the Covid-19 pandemic, and sparked 2018. The case remained pending. countrywide protests. The withdrawal entered Amnesty International Report 2021/22 373

Seventeen women participating in the Night the HDP and a five-year political ban for its March marking International Women’s Day 451 executives and members. The HDP was on 8 March were detained and later released accused of becoming the focus point of under judicial control measures for “insulting actions contrary to the state’s integrity, based the president” and violating the Law on on criminal prosecutions and convictions Meetings and Demonstrations. In August, an against 520 individuals under overly broad Istanbul court accepted the indictment anti-terrorism laws. requesting that each receive up to eight TORTURE AND OTHER ILL-TREATMENT years’ imprisonment. In April, the gendarmerie responded with In January, a Diyarbakır criminal peace tear gas to a protest by villagers in İkizdere, in judgeship rejected an appeal by Mehmet the province of Rize, against the decision to Sıddık Meşe against the decision not to open a stone mine in the village which they prosecute allegations that he was severely argued would destroy the environment and beaten by guards in Diyarbakır T-type Prison pollute drinking water. Some villagers were No.3 in December 2020. The Diyarbakır Bar detained and later released. Protests Association received similar torture continued despite banning orders by the Rize allegations from inmates of the same prison Governorship. throughout the year. The European In June, the annual Istanbul Pride march Committee for the Prevention of Torture was banned for the sixth consecutive year. visited the prison in January; their report had Police used unnecessary and excessive force not been published by the end of the year. to disperse protesters and detained at least In December, a criminal prosecution was 47 people, including the journalist Bülent initiated against Osman Şiban for Kılıç. All were released later that day. The first “membership of a terrorist organization”. He hearing in the prosecution of eight protesters was allegedly tortured by soldiers in Van in under the Law on Meetings and 2020. The prosecution of four journalists who Demonstrations was held in November. covered the torture case continued at the After two years on trial for taking part in a year’s end. Pride march on campus, 18 students and In December, Garibe Gezer, held on one academic at the Middle East Technical terrorism-related charges in Kandira prison, University in Ankara were acquitted in was found dead in an alleged suicide in her October. The prosecutor appealed against the cell while in solitary confinement. She had decision. The case was pending appeal at the reported being systematically tortured and end of the year. sexually assaulted by prison guards prior to FREEDOM OF ASSOCIATION her death. The prosecutor’s office had dismissed an investigation into the The new Law on the Prevention of the allegations. Financing of the Proliferation of Weapons of ENFORCED DISAPPEARANCES Mass Destruction negatively affected the work of civil society organizations. In October, Hüseyin Galip Küçüközyiğit, former legal the Financial Action Task Force added Turkey adviser at the Prime Ministry accused of links to its “grey list” for increased monitoring. It with the Fettullah Gülen movement, cited Turkey’s failure to address serious reappeared in Ankara prison in September, deficiencies in its efforts to combat money nine months after he was forcibly laundering and financing terrorism, including disappeared. The authorities had denied that its failure to apply a risk-based approach to he was in official custody. Details of his fate supervision of the not-for-profit sector. and whereabouts during those months In June, the Constitutional Court accepted remained unknown at the end of the year. the indictment by the Chief Prosecutor of the Court of Cassation requesting the closure of Amnesty International Report 2021/22 374

The fate and whereabouts of Yusuf Bilge Syrian journalist Majed Shamaa was among Tunç, missing since August 2019, remained those targeted for arrest. unknown at the end of the year. REFUGEES’ AND MIGRANTS’ RIGHTS TURKMENISTAN According to Turkish immigration authorities, as of November Turkey hosted around 5.2 Turkmenistan million refugees and migrants, including 3.7 Head of state and government: Gurbanguly million Syrians with temporary protection Berdymukhamedov status. In July, the authorities announced the Turkmenistan’s human rights record extension of the existing wall at the border remained abysmal. Critics of the with Iran. In the same month, the Van government were subjected to arbitrary Governorship announced that 34,308 people detention and conviction under politically had been prevented from entering the motivated criminal charges. Freedom of country at that border since January. Reports expression was severely limited as was emerged that Turkey continued to push back freedom of religion. Consensual sex to Iran Afghans attempting to enter the between men remained a criminal offence. country irregularly. In August, following the Forced labour during the cotton harvest Taliban takeover of Afghanistan, the Turkish continued. The fate and whereabouts of at authorities declared they would not allow least 120 prisoners subjected to enforced arrivals of large number of Afghans. disappearance remained unknown. In August, 145 Afghans were rounded up in BACKGROUND police raids and transferred to a return centre in the district of Tuzla in Istanbul. In the same Turkmenistan remained effectively closed to period, 30 Afghans were arrested in Ankara human rights and other international and detained by immigration authorities monitors. The authorities continued to deny pending deportation. the occurrence of any Covid-19 cases, yet in In September, immigration authorities July they introduced a mandatory vaccination terminated the registration of Syrians for programme for all adults. The economic temporary protection in Ankara and crisis of the previous three years continued, announced the deportation of irregular leading to increased food prices and migrants without protection status or shortages of basic foods. In mitigation, the residence permits. government distributed subsidized food Violent attacks targeting Syrians increased. packages to all households. In September, In August, a large crowd attacked the homes the frequency of these packages was and properties of Syrians in the Altındağ reduced from three times to once per month, district of Ankara following the fatal stabbing which proved inadequate for those most in of a young Turkish national during a street need. fight between Turkish and Syrian youths. REPRESSION OF DISSENT In October and November, immigration authorities arrested and detained, for the The authorities continued to stifle peaceful purpose of deportation, 45 Syrian refugees expression of dissent or criticism. for taking part in a social media trend At the end of June, blogger Murat involving sharing videos of themselves eating Dushemov filmed an interview with a doctor bananas. The trend, which emerged as a in a state clinic, in which he asked about the reaction to a viral video in which a Syrian real situation concerning Covid-19 in the woman was berated by locals claiming they country. On 7 July, he was stopped by police could not afford bananas, was described by at a checkpoint and asked to show proof of a the authorities as being wilfully provocative. negative Covid-19 test. When he asked for Amnesty International Report 2021/22 375

the legal grounds for the request, he was forced to swear on the Qur’an that they would held at the checkpoint for four hours then not use VPNs to access the internet. sentenced to 15 days’ administrative detention after he blocked the road with his LGBTI PEOPLE’S RIGHTS car in protest. Murat Dushemov was further Consensual sexual relations between men charged with assault for purportedly attacking remained a criminal offence punishable by his cell mates – a charge he denied. On 16 up to two years’ imprisonment, and at least August, he was sentenced to four years’ one case was reported of a man being imprisonment for “intentional medium bodily arrested and charged in August in the city of harm” and “intimidation”, and for having Turkmenabat. attempted to bribe a doctor. In Turkmenistan’s Third Periodic Report to The authorities attempted to stop protests the UN Human Rights Committee published abroad by putting pressure on in 2020, the government had undertaken to demonstrators. On 1 August, a legal protest consider decriminalizing consensual sexual outside the Turkmenistani consulate in relations between men, but no progress was Istanbul, Turkey, was disrupted when made towards this. consulate staff called police claiming that the FREEDOM OF RELIGION AND BELIEF protesters were terrorists. Ten were detained for five days. Farhad Durdiev, a blogger and Freedom of religion remained severely activist, described how two men offered him restricted and conscientious objectors faced a lift to the protest in a car with Turkmenistani criminal prosecution. In January, six licence plates but then threatened him and Jehovah’s Witnesses were convicted and drove him to the back entrance of the imprisoned. A further conviction in March consulate where he was beaten by them and brought the total number of Jehovah’s Turkmenistani diplomats. He was released a Witnesses imprisoned for conscientious few hours later when Turkish police objection to 16. On 8 May, all 16 – who were intervened. serving sentences of between one and four FREEDOM OF EXPRESSION years – were released under an amnesty. There remained no genuine civilian On 15 July the case of Khursanai alternative to military service. Ismatullaeva – a doctor who had been The NGO Forum 18 reported that on 21 attempting to gain redress for being unjustly July, the first day of the Muslim festival of Eid dismissed from her job at a neonatal clinic in al-Adha, state security officers raided homes the capital, Ashgabat, in 2017 – was raised at in at least four towns in the eastern Lebap an event organized by the EU Region and confiscated all Muslim religious parliament. She was arrested the following literature except the Qur’an. day and subjected to an enforced FORCED LABOUR disappearance for two weeks until it was revealed that she was being held in a pre-trial At an International Labour Conference in detention centre. She was charged with fraud May-June, the ILO Committee of Experts in connection with the sale of the apartment expressed “deep concern at the continued of a man she had cared for, and whose family practice of forced labour in the cotton sector” had agreed to pay her US$600 for looking and urged the government to eliminate its after him. use. In response, the government denied the Access to the internet remained severely use of forced labour. restricted and the authorities blocked However, in a report published in March, numerous sites including Facebook, turkmen.news and the NGO Turkmen YouTube, Twitter and those offering virtual Initiative for Human Rights documented the private networks (VPNs). Internet users use of forced labour, including child labour, reported in August that they were being during the cotton harvest in 2020. Women Amnesty International Report 2021/22 376

were at particularly high risk as they were sexual relations. Uganda continued to host more likely to be in poorly paid jobs and the largest refugee population in Africa. unable to participate in the practice of paying BACKGROUND for other pickers to take their place. Children aged between 10 and 16 were often hired in In 2020, dozens of people were killed in the place of adults. Furthermore, according to context of electoral campaigning ahead of the media reports in September, schoolchildren, January 2021 general election, most of them teachers, public sector workers and others by police and other security forces. On 16 were forcibly sent to pick cotton for the 2021 January, two days after polling day, the harvest. Electoral Commission of Uganda declared ENFORCED DISAPPEARANCES Yoweri Museveni, who had served as president for 35 years, the presidential The fate and whereabouts of at least 120 winner with 58.6% of the votes. His leading prisoners subjected to enforced opponent, Robert Kyagulanyi, head of the disappearance remained unknown. Some National Unity Platform (NUP) party, received were imprisoned after an alleged 34.8% of the votes and disputed the results, assassination attempt on then President filing a legal challenge with the Supreme Saparmurat Niyazov in November 2002. Court. He withdrew this on 22 February, claiming the judges were biased. UGANDA ENFORCED DISAPPEARANCES On 4 March, the NUP claimed that 458 of its Republic of Uganda followers had been abducted by security Head of state and government: Yoweri Kaguta forces in connection with the January Museveni elections and that their whereabouts remained unknown. On 14 February, the Security forces used intimidatory tactics to Ministry of Information and Communications suppress political opposition members and Technology and National Guidance supporters in the context of the January announced that President Museveni had elections, including arbitrary arrests, instructed the police and the Uganda abductions, prolonged incommunicado Peoples’ Defence Forces (UPDF) to provide detention, enforced disappearances and detailed updates about anyone they had prosecutions. The rights to freedom of arrested in the run up to, during and after the expression, peaceful assembly and elections. On 24 February, the then speaker association were severely restricted; the of parliament instructed the Minister of authorities targeted organizations working Internal Affairs to present to parliament “a full on human rights and shut down the internet list of all those in custody, whether under the for five days. The High Court lifted the UPDF or police”. On 4 March, the minister house arrest of the main opposition leader. presented 177 names of people who were The vaccination roll-out was slow. The alleged to be missing, 171 of whom he government ordered agribusiness companies confirmed were detained under charges to halt the evictions of thousands of people, including participating in riots, possessing and the Constitutional Court found that military stores, and involvement in meetings Indigenous peoples had been illegally to plan post-election violence; the other six evicted from their ancestral land. The had already been released on bond. At the president refused to assent to legislation end of the year, the state had not publicly which, if enacted, could provide greater disclosed official data on the numbers of all protection for survivors of sexual violence those still in detention in relation to the but criminalized consensual same-sex elections. Amnesty International Report 2021/22 377

FREEDOM OF ASSOCIATION The court ruled that if the state had evidence On 20 August, the NGO Bureau, an official against them, it should charge them in court body responsible for regulating NGOs, rather than detain them “unjustifiably”. The ordered the immediate suspension of 54 police spokesman said that Robert organizations, claiming that they had failed to Kyagulanyi had been placed under comply with NGO legislation, including by “preventive arrest” because he had “planned operating under expired permits, or by failing to disrupt public order” but did not specify 3 to file accounts or registering with the what was being planned. Bureau. The independent Uganda National Prior to the ruling, security personnel NGO Forum said that most of the blocked access to Robert Kyagulanyi and his organizations were not informed of the family even when they ran out of food. The Bureau’s decision or given an opportunity to US embassy in Uganda said that on 18 respond.1 January, their ambassador was prevented Also, on 20 August, the NGO Bureau from visiting the family. The same day, suspended the activities of the Africa Institute security forces raided the NUP party for Energy Governance. Between 6 and 13 headquarters. October, the police arrested four of its staff in ARBITRARY DETENTION AND UNFAIR Hoima city and Buliisa town in the west, and TRIALS in the capital, Kampala. They were all released the same day without charge. On 22 On 14 June, a military court in Kampala October, on the NGO Bureau’s instructions, released 17 NUP supporters and associates police in Kampala arrested another six on bail of UGX 20 million (about US$5,670) members of staff for operating without a after they had spent 166 days in military permit. They were released three days later. detention. They were among 126 NUP FREEDOM OF EXPRESSION supporters and staff arrested in December 2020 in Kalangala town, central Uganda. The On 9 January, Facebook shut down dozens of Chief Magistrate had granted them all bail on accounts it claimed were linked to the 4 January, but 17 of them were re-arrested ministry of ICT. The company said the the same day and held for several days. They ministry had used “fake and duplicate were charged with illegal possession of accounts”, to enhance its popularity ahead of ammunition and remanded at Kitalya prison the elections. On 12 January, President in Wakiso district. Museveni accused Facebook and others of On 10 September, the Director of Public interfering with the electoral process; and the Prosecutions withdrew trumped-up money- executive director of the Uganda laundering charges against Nicholas Opiyo, Communications Commission ordered executive director of human rights telecommunications companies to organization Chapter Four Uganda. He had “immediately suspend any access and use” been arrested on 22 December 2020, of social media and online messaging detained at the police Special Investigations platforms. Service providers such as Airtel Unit in Kireka, Kampala, and later remanded and MTN Uganda texted their subscribers to Kitalya prison.4 He was released on bail 2 announcing the suspension. The same day, eight days later. the government blocked the internet for five On 28 December, armed security operatives days. arrested author Kakwenza Rukirabashaija in FREEDOM OF MOVEMENT Kampala, after he posted online comments about the commander of the UPDF’s Land On 25 January, the High Court of Uganda Forces, also the president’s son. He lifted the house arrest of Robert Kyagulanyi remained in incommunicado detention at the and his wife, Barbara, after security forces end of the year. had surrounded their house on 14 January. Amnesty International Report 2021/22 378

RIGHT TO HEALTH practices” and the fact that they had On 5 March, the Ministry of Health received inhabited the forest for many generations. It the first batch of AstraZeneca Covid-19 directed that the evicted Batwa people vaccines from COVAX. It aimed to vaccinate should be given appropriate compensation to 49.6% of the population, about 22 million improve their situation following evictions, people, in stages by the end of the year, but saying that the government had not only 9,763,030 vaccine doses had been adequately compensated them, and had left administered by 31 December. In October, them a “landless, destitute… disadvantaged the health minister said that limited access to and marginalized people”. rural areas had hampered progress in the GENDER-BASED VIOLENCE AND vaccination programme. On 23 December, DISCRIMINATION the government announced it had approved the use of a Covid-19 vaccine booster shot. In August, President Museveni refused to RIGHT TO EDUCATION give his assent to the Sexual Offences Bill 2021 on grounds that it should be reviewed Intermittent Covid-19 lockdowns led to full or to address redundant provisions already partial school closures. Despite a phased provided for in other legislation. The bill, reopening for some grades in February, which was passed by parliament in May, schools were closed again in June although proposed several provisions for the the government announced plans to reopen prevention of sexual violence, including them in January 2022. The National Planning greater punishment for sexual offenders, and Authority predicted that more than 30% of the protection of survivors during trials learners would not return to school.5 concerning sexual offences and other crimes. FORCED EVICTIONS The proposed law, however, criminalized consensual same-sex sexual relations, sex Between 2017 and January 2021, security work and HIV transmission and provided for forces had forcibly evicted more than 35,000 a sex offenders’ register that would include people (over 2,300 families) from their people accused, even retrospectively, of homes in the western Kiryandongo district, to consensual same-sex sexual relations and make way for industrial farming projects.6 sex work. Between 12 February and the end of the In September, Cleopatra Kambugu year, at least 22 residents were arrested and announced on social media that she had released on bond or bail in connection with become the first trans woman to obtain a protests against evictions and land disputes. Ugandan national identification card and In April, the Minister of Lands, Housing and passport which recognized her female Urban Development ordered two gender. multinational agribusiness companies to halt any further evictions affecting 10,000 REFUGEES’ AND MIGRANTS’ RIGHTS residents from a 5,155-hectare piece of land According to the Office of the Prime Minister in Kiryandongo’s Ndoi village, pending a and UNHCR, the UN refugee agency, decision on whether due process had been Uganda was hosting 1,563,604 refugees at followed. the end of the year, the largest refugee In August, Uganda’s constitutional court population in Africa. These included 953,630 found that the Uganda Wildlife Authority had people from South Sudan, about 61% of the illegally evicted the Batwa Indigenous people country’s refugee population; and 452,287, from their ancestral land in the Mgahinga almost 29%, from the Democratic Republic forest in the south-west. The court ruled that of the Congo; people from other countries, the Batwa people owned the whole or part of including Burundi, Eritrea, Ethiopia, Rwanda, the area on which the forest is located “in Somalia and Sudan made up about 10%. accordance with their customs and/or Amnesty International Report 2021/22 379

On 17 August, the government announced cache of data on secretive offshore deals, plans to welcome 2,000 refugees from named the current President as a former Afghanistan following the Taliban takeover in beneficiary of offshore companies, along with August (see Afghanistan entry). 37 other Ukrainian politicians. In October, parliament replaced the speaker after he 1. Uganda: End Repression of Civil Society: Joint Statement on Uganda’s opposed the swift passing of legislation to NGO Bureau Suspension of 54 NGOs in the Country (Index: AFR limit the influence of oligarchs. In December, 59/4652/2021), 27 August former President Petro Poroshenko was 2. “Uganda: Authorities must lift social media block amid crackdown named as a criminal suspect in a state ahead of election”, 13 January treason case. 3. “Uganda: End politically motivated detention of Robert Kyagulanyi Vaccination against Covid-19 was widely and his wife”, 20 January and freely available, but the uptake was low, 4. “Uganda: Museveni’s latest government must reverse decline on covering only around a fifth of the adult human rights”, 12 May population in government-controlled territory. 5. “Address the Access Issue and the Pandemic Will Be Managed In May, parliament adopted changes to the Tomorrow”: Global Vaccine Inequity’s Impact in East Africa (Index: Criminal and Criminal Procedure Codes to AFR 04/5084/2021), 14 December align them with international criminal law, 6. Uganda: 13 Years in Limbo: Forced Evictions of the Benet in the extending the definition of aggression, crimes Name of Conservation (Index: AFR 59/4138/2021), 8 November against humanity and other specific war crimes, lifting their statute of limitation and UKRAINE providing for universal jurisdiction. The President did not sign these changes into law Ukraine by year’s end, however, and the Rome Head of state: Volodymyr Zelensky Statute of the International Criminal Court Head of government: Denys Shmyhal remained unratified. Government forces and Russia-backed Impunity for torture remained endemic. armed groups in Donbas repeatedly traded Gender-based violence remained accusations of ceasefire violations. Russia widespread, although a new law removed refused to extend the OSCE Special legal obstacles to prosecuting military Monitoring Mission’s mandate at two border personnel and police for domestic violence. crossings it controlled, and repeatedly Homophobic attacks by groups advocating massed its troops near Ukraine’s border discrimination and violence continued. The prompting concerns of Russian invasion. The investigation of attacks against journalists territory of Crimea remained under Russian and human rights defenders was slow and occupation. often ineffective. A draft law on the security TORTURE AND OTHER ILL-TREATMENT services envisaged additional powers of surveillance without legal safeguards. The Some progress was reported in prosecutions crackdown on dissent and human rights relating to deaths during the EuroMaydan defenders in occupied Crimea continued. protests in 2014, including the trial of several Violations of international humanitarian law titushki (agents working for the police) and of by both sides in eastern Ukraine remained a handful of former police officers (some in uninvestigated. absentia). However, justice remained elusive BACKGROUND for most victims of police abuses during these events. The economy made a partial recovery after Impunity for torture and other ill-treatment losses in 2020 caused by the Covid-19 in general remained endemic. Investigations pandemic and the ongoing conflict in the into more recent allegations remained slow Donbas region. Concerns over corruption and often ineffective. The Prosecutor persisted: the Pandora Papers, a leaked General’s Office (PGO) reported opening 79 Amnesty International Report 2021/22 380

new cases of alleged torture and 1,918 of individuals for domestic violence from alleged abuse of authority by law January to June. enforcement officers, from January to In July, a new law was enacted, which December, resulting in 51 individuals being removed the legal obstacles that had charged with relevant crimes. effectively exempted military personnel and In January, two young men were assaulted police officers from administrative and in Zhytomyr Region by a mob who accused criminal prosecution for domestic violence; it them of car theft. A police officer arrived at also strengthened the provisions the scene and joined the assailants, underpinning emergency protection orders. subjecting one of the victims to a mock The law extended to six months the statute of execution with his pistol. In July, prosecutors limitation for domestic violence as an submitted to court charges of torture against administrative offence, and introduced new the police officer and three other persons; penalties including compulsory labour and another police officer was charged with false detention for up to 10 days. testimony. However, an investigation into allegations by In March, the PGO reported that the Lieutenant Valeria Sikal – who in 2018 was European Court of Human Rights (ECtHR) the first Ukrainian ex-servicewoman to report had to date ruled in the applicants’ favour, sexual harassment by a commanding officer and against Ukraine, in 115 cases regarding in the Armed Forces – was ineffective, and conditions of detention amounting to torture further delayed by its referral to the State or other ill-treatment, of which 71 under the Investigation Bureau of Khmelnitsky Region supervision of the Committee of Ministers of where no further investigative activities took the Council of Europe remained place. unaddressed; 120 cases were awaiting a decision. LGBTI PEOPLE’S RIGHTS In May, in the case of Debelyy and Others v. A draft bill tabled in parliament in May Ukraine, the ECtHR found that police in proposed expanding the definition of hate Ukraine had subjected the three applicants – crimes to cover those motivated by sexual Andrey Debelyy, Roman Korolev, and orientation and gender identity. However, Oleksandr Rafalsky – to inhuman and homophobic attacks by groups advocating degrading treatment. discrimination and violence continued GENDER-BASED VIOLENCE throughout the year with the perpetrators rarely held accountable. Gender-based violence and discrimination – In March, four individuals daubed the particularly against women – and domestic community centre of the NGO Sphere with violence remained widespread. Support mud; in August, the centre’s façade was services for the survivors as well as legislative vandalized with homophobic graffiti. and policy measures intended to combat At least four such attacks took place in May domestic violence, although improved in alone. On 27 May, a mob smashed the recent years, remained insufficient. No window of the venue where the KyivPride progress was made in ratification of the group had organized a film screening, and Council of Europe Convention on combating threw a flare and a gas canister inside. Police and preventing violence against women and opened a criminal investigation into domestic violence (Istanbul Convention). “hooliganism” but failed to qualify the From January to December, the authorities incident as hate crime. opened 2,432 criminal investigations into On 29 May, a mob attacked the community domestic violence, designated 2,176 centre of the LGBTI group Insight in the individuals criminal suspects and submitted capital, Kyiv. The same day in Odessa, a mob 2,136 cases to court. Administrative disrupted and ended a feminist lecture by proceedings were opened against 54,890 Insight’s leader Olena Shevchenko; elsewhere Amnesty International Report 2021/22 381

in the city, seven masked men in black threw announced that they had thereby been fired stones at the office of the LGBTI association for their independent journalism. LIGA and damaged one of its CCTV cameras. Commentators alleged that pressure on the Police refused to open a criminal owner by the Presidential Administration had investigation into either incident until activists led to his decision. filed a complaint about police inaction. The investigation of attacks – including The six perpetrators of the 2018 attack killings – against journalists and human rights against human rights defender Vitalina Koval defenders was slow and often ineffective. – in which she was doused with red paint Court hearings continued in the high-profile causing chemical burns to her eyes – case against three persons accused of continued to enjoy impunity. In March, a planting a car bomb that killed Belarusian- court ruled that the statute of limitation had Russian-Ukrainian journalist Pavlo Sheremet expired on the charge of “causing minor (Pavel Sharamet) in July 2016. bodily harm” against two female attackers, Commentators and journalists raised doubts and closed the relevant proceedings. A over the credibility of the investigation. The parallel investigation into a hate crime defendants denied the charges, insisting that (“violation of citizens’ equality”) was pending they were politically motivated. In January, but apparently stalled. No charges were ever evidence was published suggesting that the brought against four male co-attackers. killing had been planned by the Belarusian FREEDOM OF EXPRESSION authorities. Prominent Belarusian exile Vital Shyshou, The media were generally free and diverse, head of the Belarusian House in Ukraine, although a handful of outlets were selectively was found hanged in a park in Kyiv on the targeted by the authorities in connection with morning of 3 August. He had previously their perceived pro-Russian editorial policies, complained to his colleagues of being and accused by the Security Service of followed and threatened with reprisals by 1 Ukraine (SBU) of waging an “information Belarusian security services. The Ukrainian war” against Ukraine. authorities investigated his death as The National Security and Defence Council suspicious, although no outcome was (an advisory state body) introduced so-called reported by year’s end. “personal sanctions” against parliamentarian FREEDOM OF ASSEMBLY Taras Kozak, which targeted his commercial assets including three TV channels that were While the right to freedom of peaceful stripped of broadcasting licences. The assembly was generally enjoyed without decision, approved by the President, drew constraint, LGBTI activists and others criticism over its extrajudicial nature and targeted by violent groups had to rely on the arbitrary focus on media enterprises – as well authorities’ willingness to protect peaceful as its application, against a Ukrainian demonstrators during and after their rallies. national and his Ukraine-based businesses, On 8 March, violent counter-protesters of a law intended for sanctioning foreign attacked participants of the International commercial entities. Women’s Day march in Kyiv. After the rally, Unfounded criminal proceedings against unidentified individuals pushed and verbally former prisoner of conscience, journalist Vasil insulted women’s rights activists, and tried to Muravitskyi, were ongoing. The risk of snatch away their posters. The activists imprisonment and physical harm by groups complained to the police who refused to open advocating discrimination and violence proceedings until lawyers stepped in. A forced him to leave Ukraine. formal investigation was still ongoing at year’s In November, the owner of the independent end. Kyiv Post newspaper suspended its Annual rallies in support of LGBTI rights publication with immediate effect. The staff took place from July to September in several Amnesty International Report 2021/22 382

cities, including Kryvyi Rih, Odessa, Kharkiv CRIMEA and Kyiv. They proceeded peacefully under REPRESSION OF DISSENT effective protection by the police, despite an The de facto authorities continued a ongoing atmosphere of intimidation and crackdown on free expression and all homophobic attacks and the risk that vestiges of dissent. Free media were individuals leaving the rallies would be suppressed, and those working for them assaulted. On 30 July, LGBTI activists held a faced severe reprisals. pride event outside the Presidential Office in Freelance reporter Vladyslav Yesypenko was Kyiv. arrested on 10 March by the Russian Federal DISCRIMINATION Security Service (FSB), on allegations of spying and carrying ammunition. On 18 In July, the government approved a national March, a Russian state TV channel in Crimea strategy to 2030 to address discrimination broadcast an “admission” by him that he had against the Roma community. However, the shared his media footage with Ukrainian ongoing Covid-19 pandemic had a intelligence services. He was denied access disproportionate effect on this community as to an independent lawyer for 27 days, until a many relied on the informal economy for remand court hearing where Vladyslav irregular earnings. Yesypenko alleged that a grenade had been Past attacks against Roma were not planted by his captors in his car and that he effectively investigated, including the had been subjected to torture and other ill- destruction of a campsite and physical treatment to extract his “confession” on violence against Roma at Lysa Hora park in video. Kyiv in August 2018. In August, the According to human rights monitors, access Prosecutor General’s Office informed to at least 27 online media was completely Amnesty International that it had overruled a blocked in Crimea, along with access to the decision to halt the investigation, but no websites of organizations arbitrarily banned further progress was reported. as “extremist” in Russia. These included the RIGHT TO PRIVACY Mejlis (representative assembly) of the Crimean Tatar People and the Jehovah’s A draft law on reform of the SBU was Witnesses; any association with them was a approved at its first reading. While addressing criminal offence. some of the long-standing issues of concern In April, a court fined Bekir Mamutov, – for instance, removing its investigative activist and editor-in-chief of the Crimean function by 2025 – the bill confirmed the Tatar-language newspaper Qirim, for agency’s wide powers of arrest, detention and “abusing media freedom” under the Russian interrogation of individuals, and the use of Code of Administrative Offences. He had lethal force, without introducing new and published the UN Secretary-General’s 2020 more effective accountability mechanisms. report on the situation regarding human The bill also gave the SBU additional powers rights in Crimea, which mentioned the Mejlis, of surveillance, including intercepting and but failed to insert the mandatory disclaimer storing public and private communications under Russian law that the organization was and information from individuals and deemed “extremist” in Russia. organizations, without due legal safeguards to Other remaining critical voices in Crimea prevent abuse and ensure the right to were also prosecuted and jailed. In privacy. It also granted the power to block September, Nariman Dzhelyal, a Crimean online resources extrajudicially in some Tatar rights activist and previously the most cases. senior member of the banned Mejlis remaining in Crimea, was arbitrarily detained in connection with purported damage to a gas pipeline. Amnesty International Report 2021/22 383

Crimean Tatar human rights defenders and RIGHT TO HEALTH prisoners of conscience, Emir-Usein Kuku The continuing lack of independent and Server Mustafayev, remained behind information from and access to the territories bars in Russia, as did dozens of other victims controlled by armed groups in Donbas of politically motivated prosecutions by the de hampered attempts to control Covid-19 facto Crimean authorities – often in inhuman infections. The Ukrainian government made and degrading conditions. free vaccination available to visitors from ENFORCED DISAPPEARANCES across the conflict line, including through Not a single case of enforced disappearance vaccination centres at crossing checkpoints. from 2014 – the start of the Russian However, the de facto authorities continued occupation of the territory – was effectively to impose arbitrary restrictions on travel into investigated. The fate and whereabouts of government-controlled territories. They also those forcibly disappeared remained recognized and relied exclusively on Russian- unknown. supplied vaccines, deliveries of which were DONBAS reportedly greatly insufficient. A spike in patients requiring intensive care in Repression of dissent and restrictions on civil September reportedly overwhelmed the local society persisted in the territories of eastern medical facilities, which also suffered from a Ukraine controlled by Russia-backed armed profound shortage of medical personnel and groups. The UN Human Rights Monitoring supplies. Mission in Ukraine (UNMMU) reported an absence of the necessary services and 1. “Ukraine: Authorities must conduct effective investigation into support for survivors of domestic violence, suspicious death of prominent Belarusian exile”, 3 August and noted the personal risks, including of arrest and prosecution, faced by activists defending the rights of women. The UNMMU UNITED ARAB also reported arbitrary arrests and prolonged incommunicado detention, and ongoing EMIRATES unlawful imprisonment, of women and men by the de facto authorities. It was denied access to places of detention in non- United Arab Emirates government controlled territories despite “the Head of state: Khalifa bin Zayed Al Nahyan widespread and credible allegations of torture Head of government: Mohammed bin Rashed Al and ill-treatment in a number of facilities”. Maktoum The UNMMU also reported at least nine new The government continued to commit cases of arbitrary arrest of civilians by SBU serious human rights violations, including officers. arbitrary detention, cruel and inhuman IMPUNITY treatment of detainees, suppression of Numerous previously reported violations of freedom of expression, and violation of the international humanitarian law by both sides right to privacy. The right to health was to the conflict remained uninvestigated. partially fulfilled. The United Arab Emirates No progress was made in attaining justice (UAE) continued to deprive stateless for victims of enforced disappearance, torture individuals of the right to nationality, and unlawful detention by the SBU in eastern impacting their access to a range of Ukraine from 2014 to 2016, and the practice services. Courts passed death sentences of using secret prisons continued to be and executions were reported. officially denied. An ongoing investigation still BACKGROUND failed to identify a single alleged perpetrator. In January, the UAE announced it was ending an economic and travel blockade on Amnesty International Report 2021/22 384

Qatar, and restored trade links in subsequent on the UAE to end Ahmed Mansoor’s cruel months. The UAE continued to be involved and inhuman treatment. as a party to the conflict in Yemen, which saw In a rare move, in terms of scale, the a range of egregious violations of international authorities arbitrarily detained at least 375 humanitarian and human rights law (see African male and female migrant workers and Yemen entry). It also continued its took them to al-Wathba prison overnight on involvement with the conflict in Libya through 24/25 June. They were held incommunicado its support for the Libyan Arab Armed Forces, for up to six weeks in overcrowded cells which committed violations of international without enough beds or toilets, and deported humanitarian and human rights law (see without due process or legal representation. Libya entry). Following the previous year’s Police and guards mistreated at least 18 of controversial deal, UAE trade with Israel these detainees, including with racist insults reached over US$500 million. and forced nudity. Police beat and used ARBITRARY DETENTION tasers against detainees who resisted arrest, and placed leg shackles for a week on The UAE continued to arbitrarily detain women detainees who refused to eat. They Emirati and foreign nationals. In January, were deprived of their property upon authorities transferred the arbitrarily detained deportation, including personal identity Syrian national AbdelRahman al-Nahhass to documents. al-Wathba prison in Abu Dhabi emirate after FREEDOM OF EXPRESSION holding him incommunicado in pre-trial detention in an unknown location for 13 The government continued to exercise tight months. The Office of Public Prosecution and control over expression. At least 26 prisoners AbdelRahman al-Nahhass’s government- remained behind bars because of their assigned lawyer refused to give the charges peaceful political criticism. in writing to his family. The government website on “Enforcement The UAE continued to hold detainees past of law to contain the spread of Covid-19” completion of their prison terms based on continued to warn that publishing “rumours”, court orders under its “counter-extremism “fake news”, or “false” or “misleading health- counselling” law which cannot be appealed. related information” was punishable by law. Four out of 11 such prisoners were released In June, the government announced that under Ramadan pardons in April: Faisal Ali regulation of the media would be partially al-Shehhi (three years, 11 months after the transferred from the National Media Council end of sentence), Ahmed al-Molla (three to a new agency, the Media Regulatory Office years, 11 months), Saeed Abdullah al- under the Ministry of Culture and Youth. Buraimi (three years, one month) and When NGOs and journalists reported the Mansoor Hassan al-Ahmedi (one year, five arbitrary detention of hundreds of African months). The other seven remained in nationals (see above), the Ministry of Interior prison, despite having completed their called on the media “not to circulate or sentence. disseminate any information not published by CRUEL, INHUMAN OR DEGRADING the relevant authorities”. TREATMENT In April, the government sentenced prisoners Maryam al-Balushi and Amina al- Cruel, inhuman or degrading treatment Abdouli to three more years in prison for continued in prisons. Human rights defender “publishing information that disturbs the Ahmed Mansoor remained in solitary public order”, after they had released voice confinement since 2017 without any bedding recordings of their grievances about prison other than two thin, dirty blankets and conditions. without adequate personal hygiene items. In September, the European Parliament called Amnesty International Report 2021/22 385

RIGHT TO PRIVACY FAILURE TO TACKLE CLIMATE CRISIS In July, UAE was revealed as one of 11 The UAE lobbied for a rollback of oil countries that were clients of NSO Group, a production cuts agreed between global oil company specializing in cyber surveillance. producers during the pandemic, aiming to Amnesty International, as part of the Pegasus recapture market share that it had lost due to Project carried out cutting-edge forensic tests reduced petroleum use in 2020. Such on mobile phones to identify traces of expansion of production runs contrary to the Pegasus spyware.1 It found that Pegasus had conclusion of UN-sponsored research that been used to compromise the phone of David countries need to steadily cut oil production Haigh, a UK national in contact with Sheikha to meet the goals set by the Paris Agreement Latifa, a daughter of Dubai’s ruler, who was on climate change, to which the UAE is a captured at sea by Indian and Emirati party. commandos when she tried to flee the UAE SEXUAL AND REPRODUCTIVE RIGHTS in March 2018. In May, the UK High Court of Justice’s 2021 was the first year in which Article 356 Family Division found that the Emirati prime of the Penal Code did not criminalize minister had ordered NSO Group hacking of consensual sexual acts. However, vague the devices of his ex-wife and her two lawyers language criminalizing “scandalous act[s] in the UK. In September, the research offending modesty” remained under Article organization Citizen Lab confirmed that NSO 358. Unlike the previous year, there were no Group’s spyware was used against Emirati documented prosecutions of consensual dissident Alaa al-Siddiq, who died in a car sexual acts in 2021. crash in the UK in June. DEATH PENALTY RIGHT TO HEALTH Courts continued to issue new death The UAE offered an extensive roll-out of sentences, primarily against foreign nationals Covid-19 vaccines in 2021, available free of for violent crimes. New executions were charge to Emiratis and migrants with valid reported. Emirati IDs. However, until June, those with expired identity documents were ineligible, 1. Forensic Methodology Report: How to Catch NSO Group’s Pegasus denying migrants with expired visas and (Index: DOC 10/4487/2021), 18 July stateless people access to vaccines. In June, the government extended eligibility for free vaccination to everyone, including those with UNITED KINGDOM expired documents. DISCRIMINATION United Kingdom of Great Britain and Northern Ireland Head of state: Elizabeth II The estimated 20,000-100,000 stateless Head of government: Boris Johnson people born in the UAE but denied nationality continued to be deprived of equal access to The government promised an inquiry into its rights covered for Emirati citizens at state handling of the Covid-19 pandemic and expense, such as comprehensive healthcare, significantly cut a welfare benefit received housing and higher education, as well as jobs by 6 million people. The rights of refugees in the public sector. Stateless individuals only and migrants were routinely violated. A new became eligible for Covid-19 vaccinations in policing bill seriously endangered the rights June – six months after the beginning of the to freedom of peaceful assembly and non- campaign roll-out. discrimination. A bill on judicial review and a review of the Human Rights Act caused concern. Certain areas of Northern Ireland still lacked adequate access to abortion. Amnesty International Report 2021/22 386

Accountability for past violations in given adequate information before DNACPR Northern Ireland and for UK complicity in orders were put in place. the US-led secret detention programme RIGHT TO SOCIAL SECURITY remained unrealized. A court decision blocking Julian Assange’s extradition to the In October, the government withdrew a £20 USA was overturned on appeal. Detention per week increase to social security conditions in Scotland fell below necessary payments received by 6 million low-income standards. or unemployed people; it had been BACKGROUND introduced in April 2020 in response to the pandemic. It was estimated that the cut The Covid-19 pandemic escalated in 2021 would push 500,000 people into poverty with steep rises in cases and significant amid increasing energy and food prices. pressure on hospitals. The government imposed a national lockdown on 5 January REFUGEES’ AND MIGRANTS’ RIGHTS and parliament renewed Covid-19-related Amid an increase in people crossing the emergency powers twice. Most restrictions Channel by boat to seek asylum in the UK, imposed in response to the Covid-19 the government introduced changes to the pandemic were lifted in July and August. In UK’s Immigration Rules and proposed new late December, daily Covid-19 infections legislation that would make it harder to seek exceeded records and some restrictions were asylum in the UK. The Nationality and reimposed in Wales, Scotland and Northern Borders Bill includes provisions penalizing Ireland. asylum seekers based on how they arrive in RIGHT TO HEALTH the UK and when they claim asylum, and amendments further criminalizing people By December, the UK had recorded the seeking asylum. The bill will correct second-highest death toll from Covid-19 in discrimination that excludes many British Europe. Life expectancy for men fell for the people from citizenship rights, but also first time since records began due to the includes provisions that allow the government pandemic. By the end of the year, 82.4% of to deprive a person of their British citizenship the population aged 12 and over had been without notice. fully vaccinated against Covid-19. The UK The Home Office announced an increase in had a large surplus of vaccine doses by the government-chartered mass deportation end of the year, which were not sufficiently flights from July. People on these flights were redistributed to low and lower-middle income often deported before accessing adequate 1 countries in need of vaccines. legal advice and having their claims fully In May, the Prime Minister announced that considered. an independent public inquiry into the The government failed to adequately protect government response to the Covid-19 Afghans fleeing the human rights crisis in pandemic would not begin until the second Afghanistan. In addition to an existing quarter of 2022. Bereaved families, unions, scheme for Afghans employed by the UK health workers and other groups demanded government, the government announced the that the government launch the inquiry Afghan Citizens' Resettlement Scheme in immediately. August, but admitted in late October that the The widespread use of Do Not Attempt scheme was still not in operation, despite the Cardiopulmonary Resuscitation (DNACPR) urgency of the crisis.2 Official data showed orders during the pandemic was criticized in that of 1,055 Afghans whose asylum claims a report by an independent regulator in were determined in the year to September, March. Older people and people with only 484 were granted protection. disabilities were not sufficiently supported or People seeking asylum continued to be held in inhumane conditions, including in former Amnesty International Report 2021/22 387

army barracks where outbreaks of Covid-19 account for every observed disparity”. The occurred.3 UN Working Group of Experts on People of FREEDOM OF ASSEMBLY African Descent said the report “repackaged racist tropes and stereotypes into fact, In June, prosecutors decided not to twisting data and misapplying statistics and prosecute people who had participated in studies into conclusory findings”. Black Lives Matter protests in Belfast and The PCSC Bill contained provisions to Derry-Londonderry in June 2020. The Police extend the use of police stop-and-search Service of Northern Ireland also took steps to powers with newly proposed Serious Violence refund 72 fines for infringement of Covid-19 Reduction Orders and to criminalize “residing restrictions issued to the protesters. on land without consent in a vehicle”. A new The Police, Crime, Sentencing and Courts statutory duty to reduce serious violence Bill (the PCSC Bill) would drastically curtail would further empower police and ministers the right to freedom of peaceful assembly, to request information about individuals from including by expanding police powers to ban, public bodies, eroding existing safeguards on limit or impose undue restrictions on “noisy” data sharing. The government conceded that or “disruptive” protests, creating new these provisions were likely to impact Black offences of “locking on” and “being men and Gypsy, Roma and Traveller equipped for locking on”, and allowing courts communities disproportionately. to impose broad restrictions on individual In June, a police officer was found guilty of protesters. The bill also includes criminal the manslaughter of Dalian Atkinson, a Black penalties for people who unwittingly breach man, in 2016. The officer had fired a Taser at police-imposed conditions on protests and him for 33 seconds and kicked his head increases criminal penalties for organizers twice. Data released by the Independent 4 who disobey such conditions. More than Office for Police Conduct in August found 350 organizations condemned the proposals that Black people were Tasered with and thousands of people joined disproportionate frequency and more likely to demonstrations. be Tasered for prolonged periods by police. In March, police used unnecessary and RIGHT TO TRUTH, JUSTICE AND excessive force to disperse a vigil in the REPARATION capital, London, predominately attended by women, for Sarah Everard, who was raped In November, the Northern Ireland and murdered by a police officer. Police government agreed to establish an claimed that the gathering violated Covid-19- independent public inquiry, along with other related regulations. measures co-designed with survivors, into DISCRIMINATION “mother and baby homes”, Magdalene Laundries and work houses, which operated In February, a coalition of 17 organizations between 1922 and 1990. Many women and declared a boycott of the government’s review girls who became pregnant outside marriage of Prevent, its counter-radicalization strategy, were sent to these institutions and suffered after the appointment of William Shawcross arbitrary detention, forced labour, ill- as its chair despite his record of expressing treatment and the forced adoption of their Islamophobic views.5 babies.6 In March, the Commission on Race and In July, the government announced a plan Ethnic Disparities, appointed by the to address the legacy of the conflict in government after the 2020 Black Lives Northern Ireland. The plan included a statute Matter protests, published a report rejecting of limitations for all conflict-related incidents the existence of institutional racism in the UK and an end to all criminal, civil and coronial and arguing that there was a “repeated use judicial activity related to the period, and misapplication of the term ‘racism’ to Amnesty International Report 2021/22 388

amounting to a de facto amnesty for human treatment at secret CIA detention facilities rights violations during the conflict. between 2003 and 2006. In April, another In July, the government also introduced the Guantánamo Bay detainee, Abu Zubaydah, Judicial Review and Courts Bill, which filed a petition against the USA, the UK and contains provisions that would decrease the five other countries before the UN Working likelihood of victims obtaining effective Group on Arbitrary Detention. remedies for human rights violations through FREEDOM OF EXPRESSION legal challenges and remove proper judicial oversight over certain tribunal decisions The USA government appealed a UK court particularly impacting asylum seekers and decision, issued in January, to refuse its migrants. request to extradite Julian Assange. The USA A government-commissioned review of the successfully widened the scope of its appeal Human Rights Act 1998 ended in October. in August. In December, the High Court The government subsequently proposed far- granted the appeal and ordered Assange's reaching changes to the Act that would extradition, accepting diplomatic assurances significantly erode human rights protection in from the USA that Assange would not be held the UK, including by increasing deviation in solitary confinement. Assange appealed from European Court of Human Rights that decision in late December seeking 7 judgments and making it harder for people to review by the UK Supreme Court. Assange bring human rights claims. faced prosecution in the USA for the SEXUAL AND REPRODUCTIVE RIGHTS publication of disclosed documents as part of his work with Wikileaks. The ongoing failure to deliver fully In May, the European Court of Human commissioned and funded abortion services Rights ruled that the UK government’s bulk in Northern Ireland in line with the new interception of communications powers did legislative framework left access to healthcare not contain sufficient safeguards against in a fragile state and created a “postcode abuse, thus violating the rights to privacy and 8 lottery” for those needing early medical freedom of expression. abortion provision. Services were withdrawn In September, the Investigatory Powers in one health trust as a consequence of the Tribunal ruled in favour of an activist, Kate lack of commissioning. In July, the Secretary Wilson, who had been deceived into a long- of State for Northern Ireland directed the term sexual relationship with an undercover Northern Ireland health department to make male police officer spying on her and her abortion services available by 31 March associates’ peaceful political activities. Kate 2022. Wilson had been subjected to inhuman and IMPUNITY degrading treatment, sex discrimination and violations of her rights to private and family In April, the Overseas Operations (Service life, freedom of expression, peaceful Personnel and Veterans) Act 2021 assembly and association. A public inquiry introduced restrictions on legal proceedings into the infiltration of social justice and related to overseas military operations. It environmental groups by undercover police imposed time limits for civil claims against continued to hear evidence in April and May, the Ministry of Defence and introduced a including from other women deceived into presumption against prosecution for offences sexual relationships. committed over five years ago, other than INHUMANE DETENTION CONDITIONS certain serious crimes. In February, Guantánamo Bay detainee In August, the UK National Preventive Mustafa al-Hawsawi filed a complaint before Mechanism issued a report regarding the Investigatory Powers Tribunal regarding persistent issues in places of detention in UK complicity in his torture and other ill- Scotland, including overcrowding and Amnesty International Report 2021/22 389

detention in police custody for more than 24 of electoral irregularities, which destabilized hours. the peaceful transfer of power in January through the encouragement of violent 1. “Covid-19: Big Pharma fuelling unprecedented human rights crisis – political protests aimed at overturning the election results. New report”, 21 September 2. “UK: Afghanistan resettlement scheme is ‘too little, too late’”, 18 August LGBTI PEOPLE’S RIGHTS 3. “UK: Napier Barracks Covid outbreak shows Home Office ‘just doesn't The Biden administration took steps to repeal the previous administration’s discriminatory care’ about people seeking asylum”, 12 August 4. “UK: MPs should vote down ‘dystopian’ policing bill”, 4 July policies towards LGBTI people, including 5. “UK: NGOs condemn appointment of William Shawcross and overturning a ban on transgender people serving in the military and restoring announce civil society-led review of Prevent”, 16 February 6. “Northern Ireland: Mother and Baby Home public inquiry welcome protections for students against step towards truth and accountability”, 15 November discrimination based on sexual orientation 7. “US/UK: ‘Drop the charges, stop the extradition and free Julian and gender identity. Nonetheless, hundreds Assange,’ says Amnesty Head”, 25 October of state-level bills were introduced that would 8. “UK: Europe’s top court rules UK mass surveillance regime violated curtail the rights of LGBTI people. Multiple human rights”, 25 May states enacted anti-LGBTI rights laws, including a ban on gender-affirming healthcare for transgender minors in UNITED STATES OF Arkansas. AMERICA SEXUAL AND REPRODUCTIVE RIGHTS The Biden administration repealed the Global United States of America Gag Rule, a policy limiting US foreign aid to Head of state and government: Joseph Biden (replaced foreign organizations that provide Donald Trump in January) information, referrals or services for legal abortion. The Biden administration stated its State governments continued intensified intention to restore the US human rights efforts to curtail sexual and reproductive record, but the results in policy and rights by seeking to criminalize abortion and practice were mixed. While it re-engaged limit access to reproductive health services, with UN international human rights enacting more abortion restrictions in 2021 institutions and multilateral efforts to than in any other year. combat climate change, the administration In Texas, a law was enacted criminalizing failed to adopt human rights-respecting abortion as early as six weeks into pregnancy immigration and asylum policies on the – before most people know they are pregnant USA-Mexico border or realize its human – and privatizing enforcement against rights-related agenda on the domestic level. abortion providers or anyone “suspected” of assisting the person in obtaining an abortion.1 BACKGROUND In September, the US Supreme Court Domestic politics continued to hinder declined to enjoin the Texas law, and allowed effective government action to address it to enter into force. In December, the Court climate change, discriminatory attacks on heard oral arguments regarding a Mississippi voting rights, or unlawful state-level law which bans most abortions after 15 restrictions on rights, including the right to weeks, directly challenging existing federal freedom of peaceful assembly and protections of abortion rights under Roe v. 2 reproductive rights. Some opposition Wade. politicians continued to challenge the 2020 election results with unsubstantiated claims Amnesty International Report 2021/22 390

VIOLENCE AGAINST WOMEN providing them with adequate access to Indigenous women continued to experience asylum procedures or effective screenings for disproportionately high levels of rape and the harm they could face upon return.4 sexual violence and lacked access to basic ARBITRARY DETENTION post-rape care. Additionally, Indigenous women continued to experience high rates of Thirty-nine Muslim men remained arbitrarily disappearance and murder. The exact and indefinitely detained by the US military in number of Indigenous women victims of the detention facility at the US Naval Base in violence or who went missing remained Guantánamo Bay, Cuba, in violation of unknown as the US government did not international law. The authorities made little collect data or adequately coordinate with progress in closing the facility, despite the Tribal governments. Biden administration´s stated intention to do Rates of intimate partner violence showed so. no signs of slowing from their increases due In October, two detainees held in to the Covid-19 pandemic and ensuing Guantánamo Bay were approved for transfer lockdowns, yet the main legislative by the Periodic Review Board, bringing to 12 mechanism for funding violence response the number of detainees who remained at the and prevention remained lapsed as Congress facility after being cleared for transfer, some again failed to reauthorize the Violence for over a decade. Only two detainees had Against Women Act (VAWA). been transferred out of the facility since January 2017, including just one since REFUGEES’ AND MIGRANTS’ RIGHTS Joseph Biden took office. None of the Authorities continued to drastically limit remaining detainees had access to adequate access to asylum at the USA-Mexico border, medical treatment and those who survived resulting in irreparable harm to many torture and other ill-treatment by US agents thousands of people, including children, who were not given adequate rehabilitative were seeking safety from persecution or other services. serious human rights violations in their Ten of them faced charges in the military 3 countries of origin. commission system, in breach of Border control officials carried out international law and standards relating to fair unnecessary and unlawful pushbacks of trials, and could face the death penalty if nearly 1.5 million refugees and migrants at convicted. The use of capital punishment in the USA-Mexico border, both at and between these cases, after proceedings that did not official ports of entry, using as a pretext meet international standards, would public health provisions under Title 42 of the constitute arbitrary deprivation of life. US Code during the Covid-19 pandemic. The trials of those accused of crimes related Returnees were summarily expelled without to the 11 September 2001 attacks were access to asylum procedures, legal remedies, scheduled to begin on 11 January 2021, but or individual risk assessments. Upon his after the suspension of hearings in 2020 and resignation, a senior legal adviser to the US most of 2021, the cases were nowhere near Department of State denounced the mass ready for trial, following nine years of pretrial 5 expulsions of Haitian asylum seekers as hearings. constituting unlawful forced returns. FREEDOM OF ASSEMBLY Although the Biden administration exempted unaccompanied migrant children Authorities failed to adopt and implement from expulsions under Title 42, US Border significant police oversight and accountability Patrol misused an anti-trafficking law to measures promised by the Biden continue to summarily repatriate thousands administration in response to nationwide of unaccompanied Mexican children (over protests against police violence in 2020, 95% of those apprehended), without Amnesty International Report 2021/22 391

which were marked by widespread excessive providing a bipartisan set of proposals to use of force by law enforcement agencies. reform certain aspects of policing. Instead, lawmakers in at least 36 states and HUMAN RIGHTS DEFENDERS at the federal level introduced more than 80 pieces of draft legislation limiting freedom of The annual Country Reports on Human assembly, with nine states enacting 10 such Rights Practices issued by the US State bills into law in 2021. At the end of the year, Department were accompanied by public a further 44 such bills were pending in 18 recognition by the Secretary of State of the states. Proposed legal restrictions on freedom importance of, and risks faced by, human of assembly included increased penalties for rights defenders. The Biden administration acts of civil disobedience relating to also re-published its policy on US Support for infrastructure projects such as pipelines, Human Rights Defenders, which had been obstructing roads and defacing monuments. sidelined for several years. Other laws sought to prevent reductions to In May, news media revealed that US policing budgets by local governments and authorities tracked and harassed human remove civil liability for car drivers who hit rights defenders active in the USA-Mexico protesters blocking streets, among other border area during 2018 and 2019, including things. through an illegal US watchlist of activists, By contrast, the California state legislature detailed in Amnesty International’s 2019 enacted new laws providing broad report, ‘Saving Lives is not a Crime’: Politically protections to journalists reporting on public Motivated Legal Harassment against Migrant assemblies, who were often targeted for Human Rights Defenders by the USA. arrest and violence by law enforcement Human rights defenders and journalists officials in 2020, and creating statewide continued to report intimidation and standards and regulations for law harassment by authorities when crossing the enforcement’s use of kinetic impact projectile border or when conducting their work in weapons and chemical agents during public Mexico, which impacted both their ability to assemblies. do their work and their overall well-being. In EXCESSIVE USE OF FORCE September, the Office of Inspector General of the Department of Homeland Security issued At least 1,055 people were reported killed by a report confirming that agency officials police using firearms in 2021, a slight unlawfully harassed journalists and border increase from previous years. The limited activists without an appropriate legal basis public data available from 2015 to 2021 and, in some cases, apparently covered up suggested that Black people were their violations by destroying evidence of their disproportionately impacted by police use of communications and coordination with lethal force. The federal government’s Mexican authorities in those abuses. programme to track how many such deaths DEATH PENALTY occur annually remained unimplemented. In April, the Maryland state legislature In March, Virginia became the 23rd US state passed and overrode the governor’s veto of a to abolish the death penalty. use-of-force statute, leaving just six states During the final days of the Trump without such statutes to regulate police use of administration in January, the federal force. However, no state laws governing the government carried out three executions, use of lethal force by police – where such continuing the reversal since 2020 of a 17- laws exist – complied with international law year moratorium on federal executions. In and standards. July 2021, the US Department of Justice The US Senate failed to introduce the placed a moratorium on federal executions George Floyd Justice in Policing Act, a bill amid a review of department policies related to capital punishment. However, the federal Amnesty International Report 2021/22 392

government continued to pursue death noting that 23,000 un-serialized firearms sentences in certain cases. State executions (known as “ghost guns”) were reported to resumed in 2021 following a lull in 2020 due have been recovered by law enforcement to the ongoing Covid-19 pandemic as well as from potential crime scenes between 2016 the conclusion of litigation over the execution and 2020. protocols in certain states. In November 2021, the US Supreme Court TORTURE AND OTHER ILL-TREATMENT heard its first case regarding gun rights in over a decade. The eventual decision in this A decade after dozens of detainees were held case could determine whether individuals in a CIA-operated secret detention system – may carry a firearm in public without authorized from 2001 to 2009 – no one had demonstrating “proper cause” or meeting been brought to justice for the systematic licensing thresholds. human rights violations committed under that UNLAWFUL KILLINGS OF CIVILIANS programme, including enforced disappearance, torture and other ill- The US government repeatedly used lethal treatment. The Senate Intelligence force in countries around the world, including Committee’s report on CIA torture remained with armed drones, in violation of its classified, years after the limited obligations under international human rights investigations conducted into those crimes law and, where applicable, international were closed without charges being brought humanitarian law. NGOs, UN experts and the against anyone. news media documented how such strikes RIGHT TO LIFE AND SECURITY OF THE inside and outside zones of active armed PERSON conflict resulted in injuries or arbitrarily deprived protected individuals, including The US Congress did not pass any many civilians, of their right to life, in some regulations on access to firearms in 2021. cases constituting war crimes. The government’s ongoing failure to protect The US government weakened protections people from persistent gun violence for civilians during lethal operations, which continued to violate their human rights, increased the likelihood of unlawful killings; including the rights to life, security of the impeded the assessment of the legality of person and freedom from discrimination, strikes; and prevented accountability and among others. access to justice and effective remedies for A surge in gun sales during the Covid-19 victims of unlawful killings and civilian harm. pandemic, unfettered access to firearms, a The government continued to withhold lack of comprehensive gun safety laws information regarding the legal and policy (including effective regulation of firearm standards and criteria applied by US forces acquisition, possession and use), and a when using lethal force, despite calls by UN failure to invest in adequate gun violence human rights experts to clarify such points. prevention and intervention programmes, Authorities also failed to provide reparations perpetuated this violence. for civilian killings. The Biden administration At least 44,000 people were estimated to commenced a review of lethal force policies, have been killed by gun violence in 2020. yet failed to provide any information about During the Covid-19 pandemic in 2020 and how or whether those policies would change. 2021 some state government authorities Meanwhile, US forces continued to engage in exacerbated gun violence by designating gun drone strikes, resulting in the unlawful killing stores as “essential businesses”. and wounding of civilians. In May, the US Department of Justice RIGHT TO HOUSING proposed a regulation that would update the definitions of “firearm” and related firearm In March, the Biden administration accepted components for the first time since 1968, UPR recommendations by the UN Human Amnesty International Report 2021/22 393

Rights Council to guarantee the right to though noted that it only supported some housing and combat homelessness. recommendations in principle that it might However, as federal and state-level not implement, including closing the moratoriums on evictions during the Covid-19 Guantánamo Bay detention facility. pandemic began to expire in the second half In April, the government rescinded of 2021, the US Supreme Court struck down sanctions against ICC personnel imposed by efforts by the Biden administration to extend the previous administration, though it the federal moratorium on public health continued to reject ICC jurisdiction over grounds during the ongoing pandemic. alleged US war crimes in Afghanistan, Iraq or Simultaneously, some state and municipal elsewhere. governments ended temporary special In October, the USA rejoined the UN measures to house those experiencing Human Rights Council, three years after the homelessness and some cities resumed or preceding administration abandoned its seat expanded the demolition of homeless on the body, and issued a standing invitation encampments. to UN Special Procedures. In November, the Members of the US Congress reintroduced UN Special Rapporteur on Minority Issues the Housing is a Human Right Act to address conducted a country visit to the USA, which the root causes of homelessness and was the first such mission by a UN Special transition the growing number of people Procedure since 2017. experiencing homelessness into housing and other shelter. 1. “USA: Texas violently strips away right to abortion”, 1 September FAILURE TO PREVENT CLIMATE CHANGE 2. “USA: Senate must take action to protect human rights”, 1 December AND ENVIRONMENTAL DEGRADATION 3. Americas: Amnesty International Submission to the United Nations The Biden administration rejoined the Paris (UN) Special Rapporteur on the Human Rights of Migrants (Index: AMR 01/3658/2021), 8 February Agreement and sought to reverse hundreds 4. Pushed into Harm’s Way: Forced Returns of Unaccompanied Migrant of laws and policies passed during the Children to Danger by the USA and Mexico (Index: AMR preceding administration to deregulate the 51/4200/2021), 11 June environmental and energy sectors. Those 5. “Right the wrong: decision time on Guantánamo”, 11 January laws included the rolling back of rules on coal ash and coal-fired power plants. However, the administration did not successfully roll URUGUAY back all regressive measures and continued to approve oil drilling projects on federal land. Eastern Republic of Uruguay During 2021, frequent climate change- Head of state and government: Luis Alberto LacallePou related natural disasters across the USA resulted in destruction and death, including After initial delays, the Covid-19 record-breaking wildfires, hurricanes and vaccination programme made progress. flooding in coastal areas. Nevertheless, policies to address the INTERNATIONAL HUMAN RIGHTS pandemic were not able to reverse pre- MECHANISMS AND TREATIES existing structural inequalities, which were exacerbated and had a particular impact on The Biden administration took a number of the economic, social and cultural rights of positive measures during its first year in office the most vulnerable sections of the to endorse and support the international population. Record rates of imprisonment human rights framework and oversight often resulted in inhumane prison mechanisms. conditions. The year saw the highest In March, the administration accepted the number of deaths in prison in recent majority of recommendations by the Human history. Violence against women continued Rights Council following the USA’s third UPR, to escalate, with a rise in the number of Amnesty International Report 2021/22 394

reported femicides. Although several a backward step in terms of transparency military personnel were prosecuted for and freedom of information. crimes against humanity committed during Civil society organizations questioned official the civil-military regime (1973-1985), no statistics regarding crime and expressed substantive progress was made in clarifying concern that the reduction in crime rates was the fate of those forcibly disappeared under the result of public security policies that did that regime. There were obstacles to not take into account academic evidence accessing public information, particularly showing the impact of the pandemic in regarding sexual and reproductive health. lowering crime rates. BACKGROUND INHUMANE PRISON CONDITIONS The political and social agenda was Already harsh prison conditions deteriorated dominated during the year by social during the year. According to official data mobilization to collect sufficient signatures to provided by the Parliamentary Commissioner trigger a referendum to derogate 135 articles for the Penitentiary System, the prison of the Urgent Consideration Act population increased steadily, reaching (LUC),approved in 2020. National and 13,852 inmates in December. According international human rights organizations to the World Prison Brief, in 2021, Uruguay expressed concern about the impact of the had the highest rate of incarceration per Act’s broadly worded provisions, which could capita in South America. In the context of negatively impact human rights, in particular intense overcrowding and insanitary public security, the rights of prisoners and conditions, the number of people who died in freedom of expression. prison from natural causes rose by 154% in FREEDOM OF EXPRESSION 2021 compared to the previous year. Eight journalists faced legal actions for the RIGHT TO TRUTH, JUSTICE AND content of their reports, mostly initiated by REPARATION members of parliament or the government. Seventeen current or retired members of the In June, the House of Representatives military and police were convicted of torture, approved an “emphatic rejection” of a report, kidnapping and killing under the civil-military published by the German news network regime in the 1970s and 1980s. No Deutsche Welle, that alleged that freedom of substantive progress was made in the search the press was under threat in Uruguay and for victims of enforced disappearances that there were restrictions on the right of during that time as no new evidence was access to public information. found at the excavation zones and those RIGHT TO INFORMATION suspected of criminal responsibility did not provide any new information. Several public information requests received ECONOMIC, SOCIAL AND CULTURAL no or unsatisfactory responses. RIGHTS Information about sexual and reproductive rights, previously issued periodically, was not According to the Centre for Economic published in 2021. Research and the UN Economic Commission Authorities refused access to the contracts for Latin America and the Caribbean, the with the Covid-19 vaccine providers. policies adopted by the government were A bill to amend Law No.18.381 on access to insufficient to redress the impact of the public information was under consideration pandemic on poverty, employment and by parliament at the end of the year. If economic activity. In addition, decisions over approved, the amendments would put cuts in public spending, public wages and additional conditions on requests for, and so pensions led to lower real wages, and cuts in restrict access to, information and represent public spending had a significant impact on Amnesty International Report 2021/22 395

people’s well-being, especially those living in VIOLENCE AGAINST WOMEN AND GIRLS situations of vulnerability. According to the Observatory on Gender- RIGHT TO HEALTH Based Violence and Access to Justice, the number of femicides increased in 2021; 30 Although the roll-out of the vaccination femicides were recorded. Changes by the programme was delayed due to the late Ministry of the Interior in the way reports of purchase of supplies, it managed to reach gender-based violence are registered had a 78% of the population with at least with one direct impact on statistics, as repeated dose and 75% with two doses. This led to a offences by the same individuals were no lifting of restrictions and a reduction in the longer recorded as separate incidents, but number of patients in intensive care and rather as a single complaint. coupled with the country’s robust universal There were also obstacles to the health system, resulted in a positive health implementation of the law on gender-based situation as regards Covid-19 towards the violence (Law No. 19.580) because of the end of 2021. failure to allocate the resources needed to Public policy failed to address increasing establish multipurpose courts able to deal mental health needs, despite calls for with all matters related to gender-based improvements in this area by specialists. violence. According to the Ministry of Health, in 2021 there was a 20% increase in the suicide rate compared to the mean average of the UZBEKISTAN previous five years. SEXUAL AND REPRODUCTIVE RIGHTS Republic of Uzbekistan Head of state: Shavkat Mirziyoyev Pregnancies in girls under 15 remained a Head of government: Abdulla Aripov largely unacknowledged problem, despite 60 births and 47 abortions involving girls in that The rights to freedom of expression, age group in 2020, the latest year for which association and peaceful assembly statistics were available. remained tightly restricted. Major progress Although there was a protocol in place for was reported in the eradication of forced the care of children under 15 who are labour in the cotton sector. Some pregnant and a notification system for health safeguards against torture and other ill- teams dealing with such cases, public policy treatment were introduced, although reports in this area remained inadequate. In addition, of such abuse continued. Over 2,000 comprehensive sexuality education was not people remained imprisoned for their implemented in a comprehensive and peaceful religious beliefs. Violence against consistent manner. women remained widespread. Consensual The abortion law in Uruguay, which was sexual relations between men remained a changed in 2012, allows first trimester criminal offence. abortion on request. However, difficulties in BACKGROUND accessing abortion persisted in rural areas, where health centres were less accessible, Ongoing reforms slowed or were rolled back. and medical professionals refused to perform Political and civil activists complained of abortions on grounds of conscience. In harassment, surveillance and threats ahead addition, political figures made speeches of the presidential election, from which seeking to discourage abortion among people independent candidates were effectively living in poverty; such discriminatory barred. A new draft criminal code was statements could signal a major setback for published in February but not adopted before sexual and reproductive rights in the country. the end of the year. Amnesty International Report 2021/22 396

Lack of transparency in the disbursement of boycott; he remained in detention pending the government’s US$1 billion fund trial at the end of the year. designated to address the Covid-19 FORCED LABOUR pandemic, a budget which increased several- fold within months, raised concerns over In January, the ILO reported “major progress” corruption. Vaccination was made mandatory in the eradication of abusive practices in the for several categories of workers, military 2020 cotton harvest. With only isolated personnel and government officials, with instances of child labour reported, the employees threatened with suspension for number of people “subject to direct or refusing. perceived forms of coercion” declined by Other developments also took a further toll 33% compared to 2019, to 4% (of a total of 2 on the economy, including a drought. million cotton pickers, two-thirds of them The Taliban seizure of power in women). neighbouring Afghanistan reignited concerns TORTURE AND OTHER ILL-TREATMENT about radical Islam. FREEDOM OF EXPRESSION The draft criminal code aligned the definition of torture following UN bodies’ Restrictions on the right to freedom of recommendations, but left controversial expression continued. The draft criminal provisions allowing for a statute of limitations, code retained defamation and insult as amnesties and victim-perpetrator crimes, as well as the broadly defined “reconciliation”. Additional safeguards offences of production or dissemination of against torture were introduced in June, “materials containing ideas of religious including creating “public groups” under the extremism, separatism and fundamentalism”. Parliamentary Human Rights Ombudsman In March, insulting the president became a for independent monitoring of penitentiary crime punishable by five years’ and other closed institutions. imprisonment. However, independent human rights experts Media outlets exercised self-censorship and remained concerned that institutional faced new legislative restrictions and other problems were unaddressed and torture in constraints, with official pre-approval custody remained widespread, even if less reportedly expected before publication of often publicly reported. Of the reported sensitive material. Prosecution, fines and deaths in custody, allegations of torture in imprisonment of critical voices, typically two districts – from Nishan (May) and bloggers, served to intimidate others. Takhiatash (July) – were “checked” internally In May, anti-corruption blogger Otabek by the Interior Ministry and dismissed as Sattoriy was sentenced to six and a half unfounded. A similar report from Denau years’ imprisonment on questionable charges district (July) resulted in the arrest of two of slander and extortion. Following an police officers, but they were later cleared of argument with the judge over media charges. In December, two road traffic police coverage, three journalists and a officers from Samarkand region were each businesswoman who published a video of the sentenced to two years and 10 months’ dispute, were themselves convicted in imprisonment, for causing death by November of libel and insulting and negligence and abuse of authority, following disobeying the authorities. One journalist was the death of a driver in their custody. sentenced to three years’ imprisonment, the A human rights group reported in April that others received non-custodial sentences. the infamous Jaslyk prison, officially closed in Blogger Valijon Kalonov was detained in 2019, could still be holding up to 100 August and charged with insulting the prisoners. president, after he called for an election In May, the UN Working Group on Arbitrary Detention concluded that imprisoned former Amnesty International Report 2021/22 397

diplomat Kadyr Yusupov had been arbitrarily Obstacles to the registration of organizations deprived of his liberty and that his “credible remained. allegations of torture and ill-treatment” had NGOs and political parties in particular not been duly investigated. However, continued to face arbitrary denial of Uzbekistan ignored its call for his immediate registration for minor or questionable release and compensation. The authorities technical infringements. In August, the failed to respond promptly to complaints by Justice Ministry arbitrarily rejected the Kadyr Yusupov that he had been beaten by registration of Human Rights House, other prisoners in September and October. submitted by Agzam Turgunov and his International NGOs reported that men colleagues for the eighth time since 2019. In arrested for alleged consensual same-sex September, the group appealed the decision relationships were still being subjected to in court and resubmitted the application. forced anal examinations. GENDER-BASED VIOLENCE FREEDOM OF RELIGION AND BELIEF Violence against women, including domestic A new law On Freedom of Conscience and violence, remained widespread, but no Religious Organizations was enacted in July, comprehensive statistics were available. In without prior public consultation. It made January, the Interior Ministry released some improvements, such as simplifying information on the use of protective orders in registration of religious organizations and 2020, the year they were first introduced. A removing the administrative penalty for total of 14,774 women had received such wearing religious clothing in public. The orders, 73% of which had been granted on same month, however, five UN Special account of physical and other domestic Rapporteurs expressed concern at the violence. However, in June the Ministry continuing ban on missionary activities and rejected a request by the NGO NeMolchi for non-state-approved religious education, and information on prosecutions for violence effective censorship of religious literature. against women, claiming it was “to no The production and distribution of religious purpose”. materials was not included as a crime in the draft criminal code, but remained an LGBTI PEOPLE’S RIGHTS administrative offence. “Sodomy” remained a crime, including in the The US Commission on International draft criminal code. In response to a media Religious Freedom reported in October “that query from Qalampir.uz, in April the Interior over 2,000 individuals remain[ed] imprisoned Ministry reported that 49 individuals were by the Uzbekistan government for peacefully serving prison terms for this “crime” and practicing their religious beliefs”. receiving regular “psychological services” to FREEDOM OF ASSOCIATION AND prevent them committing this “offence” ASSEMBLY again. Forty-four individuals were convicted of “sodomy” between 2016 and 2020. In the draft criminal code, violating the unduly restrictive rules on public assemblies and the “unlawful formation of a public VENEZUELA association or religious organization” remained crimes punishable by Bolivarian Republic of Venezuela imprisonment. Head of state and government: Nicolás Maduro Moros In March, two policy documents were approved committing the government to The ongoing human rights crisis was provide administrative and financial support compounded by the effects of the Covid-19 to civil society organizations and to improve pandemic. The policy of repression the legal framework for their operation. implemented by the government of Nicolás Amnesty International Report 2021/22 398

Maduro continued, including further reports rights defenders and others perceived as of extrajudicial executions, excessive use of opponents of the Maduro government. force, arbitrary detentions and torture and Roland Carreño, a journalist and member of other ill-treatment against those perceived the Popular Will party arbitrarily detained in as critical of the government. Human rights October 2020, remained held charged with defenders, journalists and activists were “terrorism” and other offences under the subjected to intimidation, harassment, Organic Law on Organized Crime and attacks and detention. The humanitarian Financing of Terrorism. emergency worsened and violations of At least two people who had been arbitrarily economic, social, cultural and detained – Salvador Franco, a member of the environmental rights persisted, with an Pemon Indigenous people, and Gabriel increasingly weakened healthcare system Medina, who had had health problems for and shortages of water, fuel, food and over a month – died in detention without electricity. Impunity for human rights adequate medical attention, according to violations remained the norm. The UN Fact- Foro Penal. Finding Mission (FFM) on Venezuela The family and lawyer of Raúl Isaías Baduel, documented and condemned systemic who died in October, allegedly due to impunity, and the ICC Office of the Covid-19 complications, in the custody of the Prosecutor found there were grounds to Bolivarian National Intelligence Service believe that crimes against humanity had (SEBIN), called for a full investigation into the been committed in Venezuela and circumstances surrounding his death. announced the opening of a formal ENFORCED DISAPPEARANCES, investigation. TORTURE AND OTHER ILL-TREATMENT EXTRAJUDICIAL EXECUTIONS A new criminal investigation into the enforced The security forces, including the Special disappearance, arbitrary detention, torture Action Forces of the Bolivarian National and death of Rafael Acosta Arevalo in 2019 Police (FAES), continued to carry out failed to include any chain-of-command extrajudicial executions. In January, 14 responsibility. people were killed during a security operation In September, the FFM reported that the in the La Vega neighbourhood of Caracas, the authorities routinely failed to investigate capital, in circumstances suggesting that they allegations of torture. In 67 of the 183 cases 1 had been extrajudically executed. it documented, prisoners were brought to According to the UN Fact-Finding Mission court with visible signs of ill-treatment. In (FFM), by March, more than 200 people had some cases, torture allegations did not been killed by police forces. The FFM stated appear in the court records, while in others it would investigate the circumstances of the the Public Prosecutor’s Office was ordered to killings and FAES involvement. initiate a formal investigation. However, ARBITRARY DETENTION families and defence lawyers told the FFM that they were not aware of any progress in Politically motivated arbitrary detentions these proceedings. continued as part of a government policy of The FFM also documented the practice of repression. According to the human rights kidnapping or detaining the relatives of organization Foro Penal (Penal Forum), a people targeted as part of the strategy of further 44 people were detained, bringing the repression to force them to present total number of people held in politically themselves to the authorities (known as motivated arbitrary detention at the end of “Sippenhaft”). the year to 244. Among them were political Allegations of torture and other ill-treatment activists, students, military personnel, human during initial periods of enforced disappearance were common. Amnesty International Report 2021/22 399

EXCESSIVE USE OF FORCE extend beyond those directly affected and Several security operations against criminal impact society as a whole.” gangs took place in Caracas during which RIGHT TO TRUTH, JUSTICE AND police and military forces used unlawful and REPARATION unnecessary force. There were reports of several deaths caused by stray bullets in two Efforts to seek truth, justice and reparation operations in January and July. through international mechanisms, in the IMPUNITY absence of effective national remedies, continued to be thwarted by the authorities’ Impunity prevailed for human rights violations attempts to avoid international scrutiny. The 2 and crimes under international law. The Maduro government did not recognize the FFM expressed deep concern about the jurisdiction of the Inter-American Court of state’s willingness to prosecute those Human Rights or the oversight of the Inter- suspected of criminal responsibility for American Commission on Human Rights human rights violations, stating: “the State is (IACHR), despite several rulings and not taking tangible, concrete and progressive recommendations from both organizations. steps to remedy violations, combat impunity Although the OHCHR maintained the and redress the victims through domestic mandate for technical cooperation with investigations and prosecutions.” officials in the Maduro government and Authorities announced the establishment of oversight of the human rights situation, a commission for judicial reform. However, invitations to special rapporteurs and treaty the person appointed to lead this had been bodies such as the Special Rapporteurs on named by the FFM as probably responsible human rights defenders, on freedom of for crimes against humanity and was a assembly and on extrajudicial killings, and National Assembly representative, casting the Working Group on Arbitrary Detentions, doubt on his independence and impartiality. among others, to visit the country remained The military officer charged in connection pending. In February, the Special Rapporteur with the death in 2017 of David Vallenilla on the Negative Impact of Unilateral Coercive during a peaceful demonstration was Measures on the Enjoyment of Human Rights acquitted in September. However, the visited Venezuela. Attorney General Office appealed against this In November, the ICC Office of the and in October he was sentenced to 23 Prosecutor opened an investigation into the years. The command responsibility was yet to situation of Venezuela. In a visit to Caracas, be investigated. the Prosecutor signed a memorandum of UNFAIR TRIALS understanding with the authorities, who committed to fully cooperate with the Criminal proceedings and courts continued to investigations, although they did not agree be misused to silence dissent. The use of that the criteria had been met to move the military jurisdiction for civilians and special investigation forward. “terrorism” courts was common. Authorities REPRESSION OF DISSENT denied detainees visits from families and lawyers on the pretext of Covid-19 Political opponents, real and perceived, of restrictions, leaving many in incommunicado the Maduro government faced constant detention and without adequate time to attacks and harassment and were at risk of prepare their defence. arbitrary detention, torture and other human In its report, the FFM stated that the justice rights violations, as part of a long-standing system “played a significant role in the State’s policy of repression. repression of Government opponents. The In July, Freddy Guevara, a high-profile effects of the deterioration of the rule of law member of Popular Will, was arbitrarily detained in Caracas and held for over a Amnesty International Report 2021/22 400

month. Although the government Journalist Luis Carlos Díaz remained subject subsequently allowed him to join negotiations to severe restrictions and prosecution. between the Maduro government and the HUMAN RIGHTS DEFENDERS opposition in Mexico City, his detention was emblematic of the ongoing repression. The crackdown on and criminalization of civil Media outlets close to the governing party, society and human rights defenders such as the national TV programme Con El intensified. Mazo Dando, continued to stigmatize and In January, five members of Azul Positivo, a attack human rights defenders and others humanitarian organization, were arbitrarily perceived as government opponents. detained and charged with offences including FREEDOM OF EXPRESSION AND “terrorism”. They were conditionally released ASSEMBLY in February, but remained subject to restrictions and prosecution at the end of the According to the Venezuelan Observatory of year. Social Conflict, a local NGO, between January In March, the government approved an and June, there were 3,393 protests. These administrative regulation requiring local were largely over economic, social and NGOs to register with an “anti-terrorism” cultural rights, such as labour rights, oversight organization and disclose healthcare services, high food prices and confidential and sensitive information about lack of basic services, including fuel. At least victims of human rights violations and how 59 protests were attacked by the police, the NGOs are funded and function. Following military or pro-government armed groups, international pressure, the government resulting in the death of one protester and reversed some of these provisions. However, injuries to seven others. the regulation remained in place and local The Venezuelan NGO Espacio Público organizations risked criminalization under the (Public Space) reported that between Organic Law on Organized Crime and January and August there were more than Financing of Terrorism if they failed to 292 attacks on the press and journalists, register. National and international including harassment and intimidation, organizations viewed this administrative arbitrary detention, censorship and digital regulation as a clear crackdown on human attacks. These attacks compounded the lack rights defenders and humanitarian workers. of transparency regarding epidemiological In July, Javier Tarazona, Rafael Tarazona data on the Covid-19 pandemic. and Omar de Dios García, members of the The National Telecommunications local NGO FundaREDES, were arbitrarily Commission (Conatel) banned several detained by SEBIN officers. They were programmes, including Punto de Corte Radio charged with inciting hatred, treason and aired on Radio Fe y Alegría, and one of the “terrorism”. Despite numerous requests, their country’s main newspapers. chosen legal representatives were denied A court ruled against one of the main accreditation to appear before the court. All newspapers in Venezuela, El Nacional, which three were awaiting initial pre-trial hearings at was fined the equivalent of US$13 million the end of the year. Rafael Tarazona and after losing a court case for defamation Omar de Dios García were conditionally relating to Diosdado Cabello, a high-ranking released in October. Javier Tarazona, who government official. had a serious health condition that required In October, police raided the home of urgent attention, remained in detention. journalist Roberto Deniz, from the Armando According to the Centre for Human Rights Info portal; he and his family had been Defenders and Justice, in 2021 there were granted precautionary measures by the 743 attacks against human rights defenders, IACHR in 2020. an increase of 145% compared to 2020. Amnesty International Report 2021/22 401

Procurement Programme, suspended four REFUGEES’ AND MIGRANTS’ RIGHTS Despite border closures and restrictions on years earlier. movement due to the pandemic, the number The WHO registered a yellow fever of Venezuelans fleeing the country to escape outbreak. mass human rights violation continued to RIGHT TO FOOD rise, reaching 6 million by the end of the The OHCHR noted that a third of year. Many continued to use unofficial Venezuelans suffered from food insecurity. crossings, including by sea in precarious The Centre for Documentation and Analysis vessels and overland via hazardous routes, for Workers calculated the cost of the basic leading to reports of deaths at sea as well as basket of goods at US$260.77 a month in at border crossings. (For violations of the October, while the monthly minimum wage rights of Venezuelan refugees in Curaçao, see was US$1.66. Netherlands entry.) In July, the World Food Programme ECONOMIC, SOCIAL AND CULTURAL announced assistance for children under six RIGHTS in areas it identified as most affected by food insecurity. The complex humanitarian emergency in the The food distribution system, Local Supply country continued to intensify. and Production Committees, continued According to the OHCHR, access to basic operating but did not meet nutritional needs, services during the pandemic, including according to Bengoa Foundation. medical assistance, water, gas, food and According to the National Survey of Living gasoline, was limited and deteriorating. Conditions, 94.5% of the population was The UN Office for the Coordination of living in poverty while 76.6% was living in Humanitarian Affairs announced that 2.7 extreme poverty. million people had received aid of some kind RIGHT TO WATER by 31 August as part of the Humanitarian Failures in the supply of drinking water and Response Plan. sanitation continued, sparking protests in RIGHT TO HEALTH local communities. The infrastructure of the healthcare system In June, the National Assembly approved continued to deteriorate. the Draft Organic Water Law; there were Public data related to Covid-19 was unclear. concerns about the law’s lack of a human The local NGO Médicos Unidos (United rights perspective. Doctors) reported that more than 815 health SEXUAL AND REPRODUCTIVE RIGHTS professionals had died of Covid-19 since March 2020; authorities withheld detailed Lack of access to sexual and reproductive figures of deaths of health workers. health services remained a concern. Access to Covid-19 vaccines was one of the High costs and restrictions related to the main challenges, as well as the use of pandemic prevented access to contraception. vaccines that had not been deemed safe and The UN Population Fund carried out effective by objective and independent activities in some communities to help regulatory agencies. No national vaccination reduce maternal mortality and facilitate plan was published. Health personnel access to contraceptives. continued to demand protective equipment The IACHR urged Venezuela to eliminate as well as salary increases. barriers preventing access to sexual and The shortage of antiretrovirals stood at reproductive health services and to review its 58.68% between January and June, restrictive legislation on abortion. according to the NGO Acción Ciudadana Vannesa Rosales, a human rights defender Contra el SIDA (Citizen Action Against AIDS). in Merida state – arbitrarily detained in Civil society organizations continued to October 2020 for providing a 13-year-old girl, demand the reactivation of the Organ who was pregnant as a result of rape, with Amnesty International Report 2021/22 402

information on abortion – was released on 21 CEPAZ criticized the lack of state protection July after spending nine months detained, six for breast cancer survivors, requested by the 3 of them under house arrest. IACHR in 2020. INDIGENOUS PEOPLES INHUMANE DETENTION CONDITIONS The situation of the Orinoco Mining Arc and Lack of medical care, adequate food and illegal mining remained of concern and drinking water, unsanitary conditions, continued to seriously affect the rights of overcrowding and violence in prisons and Indigenous peoples, who were subjected to other detention centres persisted. abuses including labour exploitation and Malnutrition and tuberculosis were the main gender-based violence. causes of deaths in prisons, according to the Covid-19, malaria, tuberculosis, hepatitis Venezuelan Observatory of Prisons and A and gastrointestinal and respiratory diseases, Window to Freedom, two local NGOs. as well as a measles epidemic, were among According to the Venezuelan Observatory of the health issues affecting Indigenous Prisons, 94 detainees died in custody, most peoples during the year, according to civil due to malnutrition. society organizations. A Window to Freedom reported overcrowding in preventive detention centres 1. Venezuela: Impunity in the Face of Lethal Policy of Social Control of 292%, while the Venezuelan Observatory (Index: AMR 53/3632/2021), 18 February of Prisons pointed out that overcrowding in 2. Venezuela: Human Rights Lose Whilst Impunity Prevails: Amnesty other prisons reached 198% and that 56% of International Submission for the UN Universal Periodic Review, 40th the prison population was held in pre-trial Session of the UPR Working Group, January 2022 (Index: AMR detention. 53/4488/2021), 23 July 3. Venezuela: Urgent Action: Women and Girls’ Rights Defender is Free DISCRIMINATION (Index: AMR 53/4508/2021), 22 July LGBTI PEOPLE There was a lack of legislation and public VIET NAM policies guaranteeing the rights of LGBTI people. The IACHR called on the state to take effective measures to recognize the rights of Socialist Republic of Viet Nam LGBTI people and to eradicate Head of state: Nguyễn Xuân Phúc (replaced Nguyễn discrimination, violence and situations of Phú Trọng in April) vulnerability to which they are exposed. Head of government: Phạm Minh Chính (replaced WOMEN Nguyễn Xuân Phúc in April) The Attorney General’s Office announced that A severe crackdown on both online and there were 72 prosecutorial offices offline dissent occurred during the nationwide specializing in criminal Communist Party of Viet Nam (CPV) investigations into gender-based violence. National Conference and national elections. Local NGOs continued to report that Independent journalists, publishers and prosecutors, judges, police officers and other other government critics were arrested and officials remained ill-equipped to protect charged under repressive laws. Human women's rights and women were often re- rights defenders were subjected to victimized as a result of institutional violence. widespread harassment, unlawful digital The lack of detailed official data made it surveillance, arbitrary arrest and politically difficult to assess the situation of gender- motivated prosecution. Torture and other ill- based violence. However the Centre for treatment continued to be reported. Harsh Justice and Peace (CEPAZ) documented 235 lockdown measures to curb the spread of femicides in Venezuela between January and Covid-19 disproportionately impacted the October. most vulnerable and authorities meted out harsh penalties against those who violated Amnesty International Report 2021/22 403

Covid-19 regulations. Informal workers punishments. In early August, police arrested faced acute pandemic-related hardship due Trần Hoàng Huấn for sharing criticism of the to inadequate social assistance, and young government’s Covid-19 response on LGBTI people were at heighted risk of Facebook. On 2 September, police fined discrimination. Facebook user Nguyễn Thùy Dương 5 BACKGROUND million Vietnamese Dong (approximately US$210) after she shared an online post A new Party Central Committee and Politburo criticizing the authorities for neglecting Ho was elected at the 13th National Congress of Chi Minh City residents and allowing them to the CPV in January to lead the party and the go hungry during Covid-19 lockdowns. In country for the next five years. The election October, four people were arrested and results meant continuity of the ruling party’s charged under various articles of the Criminal repressive approach to dissent and human Code for posting comments on Facebook that rights. National Assembly elections followed were critical of the government’s response to on 23 May. They confirmed the formal Covid-19. They remained in detention at election of legislators and the re-election of year’s end. Prime Minister Phạm Minh Chính. HUMAN RIGHTS DEFENDERS FREEDOM OF EXPRESSION AND In February, an investigation by Amnesty REPRESSION OF DISSENT International revealed a campaign of unlawful Intolerance of dissent hardened further surveillance targeting human rights throughout the year and the right to freedom defenders conducted between February of expression continued to be restricted. 2018 and November 2020. The spyware Arbitrary arrests and prosecutions of attacks were attributed to a group known as journalists, publishers and others who Ocean Lotus, and targeted Vietnamese criticized the government or the CPV activists both inside and outside the country. increased. Among them was Bùi Thanh Hiếu, a blogger Before the National Assembly elections in and pro-democracy activist residing in May, the authorities initiated a crackdown on Germany. The Vietnamese Overseas Initiative independent election candidates and those for Conscience Empowerment (VOICE), a critical of the election process. In March, non-profit organization supporting political commentator Trần Quốc Khánh and Vietnamese refugees and promoting human citizen journalist Lê Trọng Hùng were rights in Viet Nam with offices in the USA and arrested under Article 117 of the 2015 the Philippines, was also targeted.2 Criminal Code, which criminalizes “making, Prominent journalist, author and human storing or spreading information, materials or rights defender Phạm Đoan Trang, who was items for the purpose of opposing the State of arrested in October 2020, was sentenced to the Socialist Republic of Viet Nam” and nine years’ imprisonment by The People’s carries a sentence of up to 20 years’ Court of Hanoi on 14 December 2021. She imprisonment. Both had applied to be was charged under Article 88 of the 1999 independent (or “self-nominated”) Penal Code for “storing, distributing or candidates for the National Assembly disseminating information, documents and elections. On 31 December, Lê Trọng Hùng items against the Socialist Republic of Viet was sentenced to five years in prison and five Nam”, in relation to articles she had written years’ probation. In March, police arrested about the environment and human rights, medical doctor Nguyễn Duy Hướng for and interviews she gave to foreign media writing articles on his Facebook account that outlets. Prior to her trial, Phạm Đoan Trang were critical of government policies.1 had been held in incommunicado detention Critics of the government’s response to the for over a year. Covid-19 pandemic also faced harsh Amnesty International Report 2021/22 404

Another prominent human rights defender, were several lockdowns in Ho Chi Minh City Nguyễn Thúy Hạnh, was arrested on 7 April under which residents were not permitted to and charged under Article 117 of the leave their homes for a total of 16 weeks. Criminal Code. She is the founder of the This included a four-week-long military- “50K Fund”, which fundraises to provide enforced lockdown starting in late August support for the families of unlawfully detained when, forced to rely on the military to deliver persons in Viet Nam, and she frequently food and other supplies, many people, discussed human rights issues on Facebook. especially the already vulnerable, were left in On 5 May, two land rights activists, Cấn Thị a position of severe food insecurity and Thêu and her son Trịnh Bá Tư, were hunger.4 convicted under Article 117 of the Criminal The authorities also imposed criminal Code and sentenced to eight years’ punishments against individuals who failed to imprisonment followed by three years’ abide by lockdown regulations. On 6 probation for their peaceful advocacy of land September, the People’s Court in Cà Mau rights. They had been arrested in June 2020 province sentenced Lê Văn Trí to five years’ together with Trịnh Bá Phương (another son imprisonment for breaking Covid-19 of Cấn Thị Thêu) and fellow land rights regulations and “spreading the virus”. On 30 activist Nguyễn Thị Tâm. The four had March, the People's Court of Ho Chi Minh spoken out about a high-profile land dispute City handed a two-year suspended prison in Đồng Tâm village near the capital, Hanoi, term to flight attendant Dương Tấn Hậu in which a clash during a police raid in under the same charge of “spreading January 2020 resulted in the deaths of an dangerous infectious diseases”. 84-year-old village leader and three police DISCRIMINATION officers. In December, Trịnh Bá Phương and Nguyễn Thị Tâm were sentenced respectively The Covid-19 pandemic affected all sectors to 10 years in prison with five years’ of Vietnamese society, but some groups were probation, and six years’ imprisonment with disproportionately affected, including LGBTI three years’ probation. Before his trial, Trịnh people, and women migrant workers Bá Phương was held incommunicado for 16 including informal sector workers. months, with all requests for family visits Some young LGBTI people reported denied by authorities. undergoing intense difficulties as a result of TORTURE AND OTHER ILL-TREATMENT being confined in their family homes during lockdowns, where they faced discrimination Reports of torture and other ill-treatment of and violence from relatives because of their prisoners remained widespread. In March, sexual orientation or gender identity. Amnesty International revealed that political Government-supported research revealed activist Nguyễn Văn Đức Độ, who was that women migrant workers from within Viet serving an 11-year prison sentence, had Nam, including street vendors, suffered been kept in solitary confinement since May especially severe economic effects. Many 2020 in inhumane conditions at Xuân Lộc reported experiencing food insecurity and prison in Đồng Nai province. His prolonged struggling to meet other basic needs because solitary confinement and ill-treatment by of a lack of work opportunities and prison guards severely affected his mental inadequate social assistance from the health.3 government. RIGHT TO HEALTH Responding to a surge in Covid-19 infection 1. “Viet Nam: Fresh crackdown as National Assembly election looms”, 1 April rates in late August, the authorities imposed 2. “Viet Nam: Click and Bait: Vietnamese human rights defenders harsh and disproportionate lockdown targeted with spyware attacks”, 24 February measures in the hardest-hit regions. There Amnesty International Report 2021/22 405

3. Viet Nam: Activist Tortured, Held in Solitary Confinement for Over 300 BACKGROUND Days (Index: ASA 41/3878/2021), 23 March The armed conflict continued throughout 4. “Viet Nam: As Ho Chi Minh City extends Covid-19 restrictions, 2021, markedly escalating in February and militarized response must respect human rights”, 13 September September when Huthi forces launched offensives against government forces in YEMEN Ma’arib, Dahle’, al-Bayda and Shabwa governorates. This resulted in unprecedented territorial gains for Huthi forces, who by the Republic of Yemen end of 2021 were closing in on Ma’arib city. Head of state: Abd Rabbu Mansour Hadi These and other fronts witnessed Head of government: Maeen Abdulmalik Saeed displacement of 573,362 people, according to the International Organization for All parties to the conflict in Yemen Migration. continued to commit violations of Fighting also continued in Aden, Abyan and international humanitarian and human Shabwa governorates, including in heavily rights law with impunity. The Saudi Arabia- populated areas, between the United Arab led coalition, supporting the internationally Emirates-backed STC and government recognized Yemeni government, and Huthi forces, between STC factions, and between forces continued to carry out attacks that STC forces and local tribes. Although STC unlawfully killed and injured civilians and and government representatives restated destroyed civilian objects, including food their commitment to the Riyadh power- infrastructure. Southern Transitional sharing agreement, it was still not fully Council (STC) forces carried out summary implemented and STC forces remained killings. Parties to the conflict carried out outside of government control. harassment, arbitrary detentions, enforced Despite promising signs of a breakthrough disappearances, torture and other ill- in political talks between the parties in 2020, treatment, and unfair trials, against by the end of 2021 the newly appointed UN individuals on the basis of their political, Special Envoy for Yemen noted that discord religious or professional affiliations, their between the parties was deepening. peaceful activism or their gender. All parties UNLAWFUL ATTACKS perpetrated gender-based violence and discrimination. The government and STC The Saudi Arabia-led coalition and Huthi used lethal violence to repress largely forces continued to conduct indiscriminate peaceful protests demanding measures to attacks, which killed and injured civilians and address the deteriorating economic destroyed and damaged civilian objects, situation. Parties to the conflict impeded including food distribution facilities. the flow of food, medicine, fuel and The Saudi Arabia-led coalition carried out humanitarian aid. The Huthi de facto air strikes that killed or injured civilians and authorities prevented Covid-19 damaged civilian objects. On 21 March, in vaccinations. Saudi Arabia and Bahrain Hodeidah governorate, two air strikes hit Salif lobbied state members of the UN Human grain port, damaging facilities and injuring Rights Council (HRC) against renewing the five employees. On 14 June, in Khamir Group of Eminent International and district, Amran governorate, two poultry farms Regional Experts on Yemen (UN GEE), were hit by missiles that the UN GEE forcing the termination of the only concluded were likely fired by the Saudi international, impartial investigative Arabia-led coalition. The UN GEE expressed mechanism for Yemen. All parties to the concern that the coalition was failing to take conflict contributed to environmental all feasible measures to protect civilians. degradation. Death sentences were handed Huthi forces continued to use imprecise down and executions carried out. heavy weaponry. Throughout March, they Amnesty International Report 2021/22 406

regularly fired such weaponry into the Meel, had started an investigation, found the police Tawasol and Kheir camps for internally were responsible and arrested 11 personnel. displaced people, close to Ma’arib city, Huthi de facto authorities continued to 1-3km from the front line. This killed six detain four journalists on death row. Amnesty women and three children. On 3 April, in International documented how journalists Rawda neighbourhood, Ma’arib city, a rocket from the same group of detainees, but who launched from a Huthi-controlled area killed were released in 2020 along with men from one boy and one man and injured three boys. the Baha’i community, were subjected to The UN GEE concluded that these attacks enforced disappearance and torture during amounted to war crimes. their detention, before being forced into exile 1 In Hodeidah, government forces occupied as a condition of their release. the Thabit Brothers food production facility, Huthi de facto authorities continued legal using it for military purposes and therefore proceedings targeted against Baha’i on the rendering it a military target. On 6 and 19 basis of their religion, and froze or June, Huthi forces shelled the facility, confiscated assets belonging to 70 members causing civilian casualties and damaging of the community. They also continued to food production and water supply. arbitrarily detain, since March 2016, a Jewish UNLAWFUL KILLINGS man on the basis of his religion, despite judicial rulings requiring his release. In Aden, a governorate controlled by STC STC FORCES forces, there were 38 assassinations or In early 2021, in Aden, STC forces arbitrarily attempted assassinations of civilians in 2021, detained two men for criticizing the STC. In according to SAM for Rights and Liberties. May, in Aden, STC counter-terrorism forces On 8 September, at al-Farsha checkpoint, detained a man whose fate remained unclear Tur al-Bahah, Lahij governorate, STC forces at the end of the year. In September, they stopped and killed a doctor. On 4 October, abducted four university students returning unidentified armed men at another from a trip abroad, while they were transiting checkpoint in Tur al-Bahah, in an area Aden airport. They were released at the end controlled by STC forces, stopped and killed of September. a nurse working for Doctors Without Borders. GENDER-BASED VIOLENCE AND ARBITRARY DETENTION, TORTURE AND DISCRIMINATION UNFAIR TRIALS All parties to the conflict continued to impose All parties to the conflict continued to detain, and exploit patriarchal gender norms, used forcibly disappear and torture individuals on gender-based violence and discrimination to the basis of their political, religious or further their objectives, and maintained a professional affiliations, their peaceful wide range of discriminatory and oppressive activism or their gender. customary and statutory legal provisions. HUTHI DE FACTO AUTHORITIES Yemen was ranked second to worst in the Huthi de facto authorities continued to 2021 Global Gender Gap Index. arbitrarily detain hundreds of migrant men, HUTHI DE FACTO AUTHORITIES women and children, mostly Ethiopian and Huthi de facto authorities continued their Somali nationals, in poor conditions for campaign of arbitrary detention and enforced indefinite periods in Sana’a city. On 7 March, disappearance of women and girls, detainees conducted a hunger strike in particularly women human rights defenders protest. Authorities responded by corralling and those perceived to be challenging Huthi- 350 detainees in a locked hangar and firing enforced gender norms. In 2021 alone, they projectiles into the building, igniting a fire that detained at least 233 women and girls in killed 46 detainees and injured 202 others. facilities in Sana’a, accusing them of The Huthi Ministry of Interior stated that they supporting the coalition, “sex work” or crimes Amnesty International Report 2021/22 407

of “immoral acts”. Women, girls and LGBTI government and STC violently repressed people in these facilities have in the past these protests, including with gunfire and been subjected to systematic torture, grenades. This resulted in STC forces in including rape and other forms of sexual Aden killing one man and injuring three boys, violence; cruel and inhuman treatment; and and government forces killing a man and a forced recruitment. boy and injuring another boy in Hadramout In February in Sana’a, Huthi de facto governorate, as well injuring a man in Ta’iz. authorities arbitrarily detained and forcibly The survivors all sustained life-changing disappeared actress and model Intisar al- injuries. 2 Hammadi. During her detention, she was RIGHT TO FOOD interrogated while blindfolded, and physically and verbally abused. On 5 May, Huthi de The economy continued to collapse. facto authorities asked her to take a “virginity Devaluation of the Yemeni rial resulted in a test”, which she refused. In November, she 36-45% rise in the cost of living. Prior to this was sentenced to five years in prison on rise, around 47,000 Yemenis were already charges of committing an “indecent act”. living in famine-like conditions, with 2021 In January, the Huthis restricted permission being the first time such conditions emerged to purchase contraceptives to “husbands”, since the beginning of the conflict. More than congruent with the stated aim of increasing 50% of the population – around 16.2 million the birth rate to serve their military cause. people – were estimated to be food insecure, GOVERNMENT OF YEMEN according to the World Food Programme. In January, the government’s political security All parties to the conflict continued to forces in Ma’arib arbitrarily arrested a woman impose siege-like conditions, blockades, because her brother had worked for the obstructions on imports and unnecessary Huthis and she later died in custody, bureaucracy or restrictions on movement, according to the Women’s Solidarity Network. which inflated the cost of food, impeded In July and August, government armed humanitarian aid and fuelled food insecurity. forces in Ta’iz harassed and assaulted two The actions undermined famine prevention women human rights defenders, one of them and contributed to famine-like conditions. living with disabilities, and accused them of Between March and June, the Saudi “prostitution” as well as working for the Arabia-led coalition denied entry to 13 Huthis. In September, according to Mwatana vessels carrying 350,000 tonnes of fuel for Human Rights, political security forces in derivatives. During 2021, two vessels carrying Ma’arib arbitrarily detained and forcibly fuel derivatives were left waiting for clearance disappeared another woman, a human rights for approximately 200 days. In addition to activist and humanitarian worker, for a contributing to fuel shortages, which month. impacted food production and distribution, FREEDOM OF EXPRESSION AND the loss of revenue threatened authorities’ ASSEMBLY capacity to pay public sector salaries. All parties continued to curtail free speech RIGHT TO HEALTH and assembly of human rights defenders, The health system continued to be severely journalists, political opponents and perceived impacted by the armed conflict, economic critics. and institutional crises, and exacerbated by Throughout September, peaceful protests Covid-19. Only 50% of health facilities were were staged against the government and STC fully functional and over 80% of the in Aden, Ta’iz and southern governorates, population faced difficulties in accessing demanding they address the economic crisis healthcare services. and deteriorating living conditions. According Restrictions by all parties to the conflict to Mwatana for Human Rights, the impeded access to medication and medical Amnesty International Report 2021/22 408

treatment, including Covid-19 vaccines and 2016 Saudi Arabia-led coalition air strike that treatment. The continued closure of Sana’a killed six civilians. airport by the Saudi Arabia-led coalition In August, lawyers filed a submission on denied Yemenis life-saving medical behalf of Yemeni complainants to the ICC, treatment. Covid-19 health surveillance was requesting an investigation into the criminal limited throughout Yemen, compounded by liability of the Saudi Arabia-led coalition Huthi authorities’ refusal to collect or leadership and mercenaries employed by a disseminate data on cases and deaths, US military contractor, for unlawful air strikes despite healthcare providers identifying that killed civilians, torture and murder. In waves of infections and deaths. Huthi October, they filed the same complaint to the authorities publicly denied the existence of UK’s Metropolitan Police. Covid-19 and spread disinformation about its ENVIRONMENTAL DEGRADATION seriousness. They refused to carry out vaccinations and rejected COVAX-initiative Parties to the conflict were responsible for vaccines allocated to them by the environmental degradation across Yemen government. through poor governance, cancelling The spread of Covid-19, and inaction or programming, neglect of legally protected mismanaged preventative measures by all areas, mismanagement of oil infrastructure, parties, compounded structural inequalities, and placing economic pressure on civilians. disproportionately impacting women, girls Yemenis resorted to environmentally and those from marginalized communities. damaging coping mechanisms, including Only 20% of maternal and child health reliance on charcoal, unsustainable fishing services were functioning, according to the and unsustainable development. This UN Population Fund, leaving 48,000 women resulted in increased pollution, deforestation, and girls at risk of death during pregnancy or soil erosion and loss of biodiversity, which childbirth. adversely impacted enjoyment of the rights to RIGHT TO TRUTH, JUSTICE AND health, food and water. REPARATION In June, at Bir Ali oil terminal, Shabwa governorate, mismanagement of oil Intensive Saudi-led lobbying throughout infrastructure led to a pipeline discharging oil 2021, as well as Bahraini-led opposition to into the sea for four days, close to the renewal of the UN GEE’s mandate at the an environmentally sensitive coastline. Also in HRC in October, resulted in the termination June, Huthi authorities refused to grant of the only international, impartial security assurances to the UN-led technical investigative mechanism for international assistance team for the tanker FSO Safer. humanitarian law violations in Yemen. The This left the tanker off the coast of Hodeidah final report of the UN GEE urged the UN at increasing risk of spilling its cargo of Security Council to refer the situation in 1.14m barrels of oil, which would have Yemen to the ICC, and called for the creation devastating consequences for the biologically of an international criminal investigative body sensitive Red Sea coastline, as well as water 3 on the conflict in Yemen. scarcity, health, and the food security and In January, the Italian government livelihoods of millions of Yemenis and permanently stopped issuing export licences Eritreans reliant on Red Sea fishing. for armaments to be used in Yemen, and DEATH PENALTY cancelled shipments to Saudi Arabia. The Rome Public Prosecutor recommenced Death sentences were handed down and investigations into the complicity of the Italian executions took place, including public National Authority for Export of Armaments executions. and arms manufacturer RWM Italia SpA in a Amnesty International Report 2021/22 409

suppress the human rights of perceived 1. Yemen: Released and Exiled: Torture, Unfair Trials and Forcible Exile political opponents. In April, PF supporters of Yemenis under Huthi Rule (Index: MDE 31/3907/2021), 27 May publicly called for the arrest of Sishuwa 2. “Yemen: Actress arbitrarily detained at risk of forced ‘virginity Sishuwa, a University of Zambia academic, testing’”, 7 May on sedition charges. The calls came after he 3. “Yemen: Saudi Arabia forces an end to mandate of only international published an article in online newspaper mechanism to investigate HR abuses”, 7 October News Diggers about the possibility of public unrest during the August elections. Later that ZAMBIA month, the university announced erroneously that he was not one of their employees. Republic of Zambia The state weaponized criminal defamation Head of state and government: Hakainde Hichilema laws to intimidate and silence government (replaced Edgar Chagwa Lungu in August) critics. In January, brothers Victor and Nicholas Sankisa from the Western Province Inter-party tensions escalated in the run-up were arrested for allegedly using insulting to the elections; party supporters subjected language against the president. The same their opponents to extreme violence and charges were brought against Chilufya Tayali, there were political killings. Police used live a leader of the Economic and Equity Party, in ammunition against pre-election protesters. May after he posted a video accusing the One police officer went on trial in president of encouraging turmoil ahead of the connection with the 2020 killing of two elections. unarmed protesters, but many others Fred Manyaa and Steven Phiri were continued to enjoy impunity. The authorities sentenced in April to a three and a one-year weaponized laws and state institutions to prison sentence, respectively, with hard restrict human rights and intimidate critics. labour, for insulting then President Lungu. Medical professionals were harassed and Their convictions related to incidents in prosecuted for protesting against poor March 2018 and March 2019, respectively. working conditions. Persons with albinism In March, the president enacted the Cyber suffered violent attacks. Girls were at Crimes and Cyber Security Act. It was widely particular risk of widespread gender-based criticized for containing provisions which may violence. be used to target government critics, BACKGROUND suppressing the right to freedom of expression, and allowing the policing of The United Party for National Development cyberspace. In April, five civil society (UPND), the main opposition party, defeated organizations petitioned the Constitutional the Patriotic Front (PF) in the 12 August Court, arguing that the law violated the general elections, breaking the PF’s 10-year human rights guaranteed under the rule. constitution. According to the Integrated Food Security The Permanent Secretary at the Ministry of Phase Classification, around 1.18 million Information and Broadcasting Services people faced acute food insecurity in the threatened to close down the internet ahead third quarter of the year. By September, of polling day. On election day, there was a Zambia’s external debt was US$12.91 billion. partial shutdown and social media apps like Inflation rocketed and, after the elections, the Twitter, Facebook, Instagram and WhatsApp Zambian kwacha appreciated. were disrupted. Civil society organizations FREEDOM OF EXPRESSION challenged the move and the high court ordered the restoration of internet services on POLITICAL OPPONENTS 13 August. The authorities continued to crack down on the right to freedom of expression and Amnesty International Report 2021/22 410

JOURNALISTS AND MEDIA strike action over poor working conditions The authorities continued to attack, and arrears in the payment of doctors’ intimidate and harass radio broadcasters that salaries and allowances. On 30 May, when hosted opposition figures, in some cases the strike began, police arrested Chikonde damaging their property. In February, PF Mukula, Secretary General of RDAZ, and cadres attempted to disrupt a Liberty Radio charged him with espionage. The charges programme which featured Harry Kalaba, the were later dropped after civil society activists leader of the Democratic Party, causing intervened. In June, Brian Sampa was damage to property. In the same month, they sacked from a government post by the disrupted a live Radio Luswepo programme Ministry of Health, for inciting doctors to which was hosting Harry Kalaba, again participate in a week-long go-slow. In the damaging the studio’s property. In March, same month, the Police Inspector General they fired tear gas into the Radio Chete studio threatened to arrest anyone attending Zoom in Nakonde for airing a programme which meetings, under the newly enacted cyber featured the UPND provincial chairman. In crimes law. June, unidentified people set fire to Tensions escalated ahead of the elections, Kalungwishi radio station in Chiengi district in with violence by both PF and UPND cadres. the early hours of the morning. Police used live ammunition and tear gas on The authorities continued to try and close 5 June in the Copperbelt Province to disperse leading private media outlets by using the unarmed UPND supporters who were Independent Broadcasting Authority (IBA) to escorting the party leader Hakainde intimidate, harass and threaten them with Hichilema’s convoy. On 15 June, the closure for hosting discussions with Electoral Commission of Zambia suspended opposition political parties, saying it was electoral campaigns for 14 days in the “unprofessional conduct”. The IBA issued Lusaka, Mpulungu, Nakonde and Namwala several warnings against Muvi TV and in May districts. it was given a final warning. In July, a Socialist Party council candidate In May, journalists Francis Mwiinga and was murdered by unidentified people who Nancy Malwele, who covered PF intra-party then set fire to his body. Later that month, factional disputes, were injured in an attack two PF youths were murdered in Kanyama by PF supporters, who also seized their township by suspected UPND supporters. equipment. In July, UPND cadres attacked Following their deaths, President Lungu journalist Victor Mwila, from Ikelen’gi district. deployed the army, air force and national The authorities later replaced the equipment service to assist police with law and order in that had been taken from him by his the election run-up. On election day, the PF attackers. Provincial Chairperson for the North West In August, the IBA granted Prime Television Province, Jackson Kungo, was murdered. His an operating licence, 16 months after killers were suspected to be UPND cadres. withdrawing it on “public interest” grounds. Several other people, accused of trying to rig FREEDOM OF ASSEMBLY the election in Solwezi, were manhandled and injured. Former police officer Jeyson Musonda was UNLAWFUL KILLINGS AND IMPUNITY arrested on 2 June for staging a one-man demonstration against the Inspector General In February, police constable Fanwell of Police and his use of police officers to Nyundu was arrested on two counts of abuse people. murder and went on trial in November. The The police threatened to arrest Brian charges related to the December 2020 killing Sampa, president of the Resident Doctors of two unarmed protesters after police Association of Zambia (RDAZ), after he opened fire on UPND supporters who had convened a meeting on 19 May calling for Amnesty International Report 2021/22 411

gathered in solidarity with Hakainde Hichilema in the capital, Lusaka. ZIMBABWE In June, the coroner found that the police were responsible for the unlawful killing of Republic of Zimbabwe 14-year-old Frank Mugala when he was on Head of state and government: Emmerson Dambudzo his way home from school in Lusaka in Mnangagwa February 2020. Although the court ordered action to be taken against the accused, no The human rights situation continued to one had been arrested at the end of the year. deteriorate, with the government RIGHT TO HEALTH demonstrating hostility to human rights defenders, protesters, political activists and The Zambia Medical Association disclosed journalists. They were harassed, arrested, that 16 doctors died of Covid-19 between prosecuted and subjected to prolonged January and March. Zambia faced difficulties pretrial detention; one activist was killed in receiving Covid-19 vaccines due to a allegedly by supporters of ZANU-PF, the global shortage, delaying the vaccination ruling party. The state weaponized Covid-19 programme which eventually began on 14 lockdowns to restrict political activity. April after the country received 228,000 Security forces carried out unlawful killings. doses. Frontline health workers were The Supreme Court quashed a 20-year prioritized for vaccination. The second batch prison sentence against two opposition of vaccines did not arrive until July during the supporters. Thousands were forcibly evicted pandemic’s third wave. from their land. Public hospitals remained DISCRIMINATION underfunded and poor healthcare infrastructure put women’s and girls’ health PERSONS WITH ALBINISM at risk. Many people were at risk of Persons with albinism continued to be becoming stateless. subjected to violent attacks and mutilation BACKGROUND due to superstitious misconceptions about albinism. In June, organized criminals posing The government enacted two constitutional as police officers attacked a home in the amendments which were heavily criticized for Senga district, mutilating a two-year-old child. undermining the judiciary’s independence. In In July, a nine-year-old boy from Chasefu April, parliament passed Constitution district had his finger chopped off by a Amendment 1 of 2017 allowing the president relative and another man. One of the men to appoint the Chief Justice, Deputy Chief fled and the other was arrested and detained Justice and High Court Judge President awaiting trial. without open selection processes. In May, it SEXUAL AND GENDER-BASED VIOLENCE passed Amendment 2 enabling the president to appoint sitting judges to vacancies in the According to a report by the Zambia Police higher courts, without open selection Service, there were 4,000 cases of gender- processes. based violence reported in the first half of the The cost of living increased and the year, of which 804 were sexual offences. Of government failed to meet its target to those, 590 were committed against girls and provide 1 million people with social protection there were 576 cases of “defilement”, 571 of and discontinued its Covid-19 social welfare which were against girls and five against package during the third wave from June to boys. August. In what appeared to be a politically FREEDOM OF EXPRESSION motivated case, a woman was raped on a bus going to Kafue by unidentified men who The authorities were increasingly hostile claimed to be punishing the PF government. towards people who expressed dissenting Amnesty International Report 2021/22 412

views. In October, Spenser Chiteera, a police lawyer intervened. The same month, two officer in Mount Darwin, underwent journalists were detained when they were disciplinary action for his online endorsing of covering the MDC-A anniversary Nelson Chamisa, president of the opposition commemorations in Bulawayo. Movement for Democratic Change-Alliance Eight community radio stations were (MDC-A), with the campaign slogan granted operating licences in September. “Ngaapinde Hake Mukomana” (“let the lad ARBITRARY ARRESTS AND DETENTIONS lead”). In the same month, police arrested Maxwell The authorities curtailed the right to protest Guvava, also a police officer, for insulting or by weaponizing Covid-19 regulations to target undermining the president’s authority after he political activists, human rights defenders told ZANU-PF supporters that “the country is and other people holding dissenting views. rotten” (“nyika yaora”). On 2 February, MDC-A activists Cecilia In August, the Cybersecurity and Data Chimbiri and Joanah Mamombe were Protection Bill was reintroduced to parliament arrested and detained at Chikurubi Maximum after errors were identified in its text. The Bill Security Prison, accused of undermining was substantively different from the gazetted police authority during a national lockdown version which had been presented to citizens under Section 11 of Statutory Instrument 83 during public hearings; the government was of 2020. They were granted bail on 8 criticized for disregarding the public February. consultation process in formulating the Makomborero Haruzivishe was arrested on legislation. 17 February after plain-clothed men shot at JOURNALISTS AND MEDIA WORKERS him. He was accused of inciting public At least 15 journalists were detained, arrested violence for blowing a whistle during a protest or assaulted by security forces while carrying in February 2020 outside the Zimbabwe out their work. In January, Michael Electoral Commission in the capital, Harare. Magoronga was arrested in Kwekwe for using In April, he was sentenced to 36 months in an expired accreditation card issued by the prison of which 16 were suspended. He Zimbabwe Media Commission. Samuel appealed against the sentence and in July Takawira of 263Chat online media forum was was given bail, which was promptly revoked assaulted in April by anti-riot police while he by a magistrate who ordered that he remain was covering the sentencing at the in detention pending other charges against Magistrates Court of Makomborero him. After Joanah Mamombe and Cecilia Haruzivishe, an MDC-A youth activist (see Chimbiri addressed a press conference in below, Arbitrary arrests and detentions). solidarity with him, they were re-arrested on 6 Freelance journalist Jeffrey Moyo was March. They were arrested at a police station arrested on 26 May for violating the where they had gone as part of their bail Immigration Act by helping two New York reporting conditions and accused of violating Times journalists to obtain media Covid-19 regulations. They were denied bail accreditations. He was denied bail but but released on 5 May. released on 15 June. In September, nine In March, police raided the house of civil journalists were arrested for covering an society activist Prosper Tiringindi in Masvingo MDC-A demonstration at the Zimbabwe in search of evidence of his involvement in Electoral Commission offices. Following legal spraying graffiti messages calling for a intervention, they were released without reversal of the 500% increase in inflation. He charge. was arrested and later released without Also in September, Gilbert Munetsi was charge. On 6 April, four armed security arrested and detained for violating a Covid-19 agents raided his house again in search of curfew when he was on his way home from him. work. He was released the next day after his Amnesty International Report 2021/22 413

Nine Masvingo Residents Forum members UNLAWFUL KILLINGS were arrested on 23 April for protesting about On 16 January, six soldiers shot at four the two-month water shortage affecting villagers on the outskirts of Gweru, killing one Masvingo. They were charged under Section and injuring others after the locals confronted 37 of the Criminal Law Codification with them for assaulting villagers during a search participating in an unlawful gathering with the for copper cable thieves. The six soldiers intent to promote public violence and were arrested, charged with murder and acquitted on 24 September. remanded on bail pending trial. Alice Kuvheya, director of Chitrest, a MDC-A supporter Nyasha Mawere died in residents’ trust, was arrested on 14 June and November after being beaten in Gutu by charged with “inciting participation in a suspected ZANU-PF supporters in October. gathering with intent to promote public His wife and other relatives were charged violence” and “incitement to commit public with defamation after they accused ZANU-PF violence”, after she had accused the local members of being responsible. No one was authority of colluding with the police to evict arrested for the killing. informal traders. Shortly before this, she had RIGHT TO A FAIR TRIAL won a court case which blocked the demolition of premises belonging to informal On 4 June the Supreme Court acquitted and traders. A court dismissed the charges on 28 ordered the immediate release of two MDC-A June and in November, respectively. supporters Last Tamai Maengahama and Forty war veterans, arrested on 26 October Tungamirai Madzokere from Chikurubi in Harare for protesting about meagre Maximum Security Prison. They had been monthly pensions of less than US$100, were sentenced to 20 years in prison in 2016 for charged with breaching the peace. They were the murder of a Zimbabwe Republic Police released on bail four days later. officer. FREEDOM OF ASSOCIATION RIGHT TO HOUSING On 30 June, the Provincial Development Thousands were made homeless as a result Coordinator for Harare metropolitan province of the authorities’ demolitions of homes built issued a directive requiring NGOs to submit on what the government termed “illegal work plans prior to carrying out activities in settlements”. Harare. On 3 August, the High Court ruled In rural areas many communities were that the directive was unconstitutional. threatened with forced eviction or evicted for On 5 November, an amendment to the resisting “economic investment” initiatives. Private Voluntary Organizations Act For example, thousands of villagers were regulations was published in the official driven off their land in Chisumbanje in gazette, allowing for the closure of Manicaland province and their crops organizations suspected of funding of or destroyed to make way for a fuel company to campaigning for politicians during elections. expand its sugar cane plantation. After the Covid-19 restrictions were lifted in In March, the government published September, Nelson Chamisa (see above, Statutory Instrument 72A of 2021, Freedom of expression) began his meet-the- withdrawing its plans for the imminent people tour in October. In Masvingo province evictions of 12,000 residents from their land and other places, ZANU-PF supporters in Chilonga to make way for a company to disrupted the tour, damaging vehicles and produce lucerne grass (alfalfa). It was beating villagers who came out to support introduced one day before the High Court him. They forced his supporters, including was due to hear the community’s challenge older people, to publicly denounce him. On to the evictions. The government submitted 20 October, his car was shot at in opposing papers to the court acknowledging Manicaland province. it had not properly consulted with the Amnesty International Report 2021/22 414

community and that it would not carry out charged with rape and obstructing justice, evictions until it had found ways to respectively. compensate them and provide them with Pregnant women and girls remained at risk alternative land. of life-changing childbirth-related injuries, RIGHT TO HEALTH including obstetric fistula, as many avoided public healthcare facilities in favour of home In January, the Zimbabwe chapter of the deliveries, due to inadequate health Media Institute of Southern Africa took the infrastructure, cultural practices and high government to court over its failure to hospital costs. disseminate comprehensive Covid-19 RIGHT TO A NATIONALITY information on private and public testing, isolation measures and treatment. Hundreds of thousands of Zimbabweans The vaccine shortage arising from the global were at risk of becoming stateless. They shortfall continued. Although 35,000 Covaxin waited months to receive national registration doses were donated by India, ongoing documents from the Registrar General’s shortages prevented some people from Office, due to a huge backlog of applications. receiving a second jab. In June, as the third wave began, the authorities wrote to Afreximbank, refusing receipt of three million doses of Johnson and Johnson vaccines, citing concerns about possible side effects and storage problems. Meanwhile, the authorities implemented a home-based care policy arguing that the majority of people with Covid-19 did not require hospitalization. Consequently, public hospitals turned away people with Covid-19 symptoms and treatment was increasingly privatized. Private hospitals charged between US$2,000 and US$5,000 for necessary care, an average of US$3,500 for each admission, far above the average monthly income of US$130-US$300. By August, 78 health workers had died after contracting Covid-19. In September, the government instituted a “Jabs for Jobs” policy. A month later, it issued a circular barring unvaccinated government workers from reporting to their place of work. They could face disciplinary action and no pay if they flouted the directive. WOMEN’S AND GIRLS’ RIGHTS In March, the government announced that in the first two months of the year, 4,959 girls had become pregnant, and that at least 1,774 girls got married before they reached 18. In July, a 14-year-old girl died after she gave birth at a church shrine in Manicaland province. Following a public outcry, her husband and father were arrested and Amnesty International Report 2021/22 415