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Côte d’Ivoire

Executive Summary

Cote d’Ivoire is a democratic republic governed by a president freely elected in 2015. Parliamentary elections held in 2016 were peaceful and considered inclusive and transparent, as were the country’s first-ever senatorial elections in March. Municipal and regional elections in October 2018, however, were marred by four elections-related deaths and numerous irregularities during the campaign period and on election day. Special elections in December 2018 were also marred by violence and allegations of fraud, despite the significant presence of security forces and international observers.

In August a cabinet reshuffle resulted in the division of functions previously managed by the Ministry of Interior and Security and the related establishment of a new Ministry of Security and Civil Protection and Ministry of Territorial Administration and Decentralization. The National Police (under the new Ministry of Security and Civil Protection) and National Gendarmerie (under the Ministry of Defense) are responsible for domestic law enforcement. The Coordination Center for Operational Decisions, a mixed unit of police, gendarmerie, and Armed Forces of Cote d’Ivoire (FACI) personnel, assisted police in providing security in some large cities. The FACI (under the Ministry of Defense) is responsible for national defense. The Directorate of Territorial Surveillance (DST), under the Ministry of Security and Civil Protection, is responsible for countering external threats. Military police and the military tribunal are responsible for investigating and prosecuting alleged internal abuses perpetrated by members of the security services. Civilian authorities at times did not maintain effective control over the security forces.

Significant human rights issues included arbitrary killings by police; arbitrary detention by security forces; harsh prison conditions; politically motivated imprisonment; lack of independence of the judiciary; restrictions on free expression, press, and internet; impediments to the rights of peaceful assembly and association; crimes of violence against women and girls, which the government took little action to prosecute; crimes involving violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and child labor.

The government did not always take steps to prosecute officials who committed abuses, whether in the security services or elsewhere in the government.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech and press, but the government restricted both rights. The National Press Authority, the government’s print media regulatory body, briefly suspended or reprimanded newspapers and journalists for statements it contended were false, libelous, or perceived to incite xenophobia and hate.

Freedom of Expression: The law prohibits incitement to violence, ethnic hatred, rebellion, and insulting the head of state or other senior members of the government. In January an opposition member of parliament was charged with the dissemination of false information and incitement to revolt via a tweet and was sentenced to one year in jail and a fine of 300,000 CFA francs ($500). In February an appeals court changed the verdict to a six-month suspended sentence.

Press and Media, Including Online Media: The independent media were active and expressed a wide variety of views. The law bans “detention of journalists in police custody, preventive detention, and imprisonment of journalists for offense committed by means of press or by others means of publication.” The law, however, provides “fines ranging from one million to three million CFA francs ($1,700 to $5,000) for anybody found guilty of committing offenses by means of press or by others means of publication.” Newspapers aligned politically with the opposition frequently published inflammatory editorials condemning the government or fabricated stories to defame political opponents. The High Audiovisual Communications Authority (HACA) oversees the regulation and operation of radio and television stations. Opposition groups and civil society criticized the government’s control over the main state-owned television station, claiming it does not allow opposition views to be broadcast. There were numerous independent radio stations. The law prohibits transmission of political commentary by community radio stations, but the regulation authority allows community radio stations to run political programs if they employ professional journalists.

In May, one local press watchdog organization said there was very little independent press in the country since most media outlets were directly reliant on political parties or politicians for funding.

Violence and Harassment: According to an August report by Amnesty International, 14 activists had been arrested since the beginning of the year in a crackdown on dissenting voices.

In April a journalist was summoned and questioned by Abidjan police for four hours after contacting an activist campaigning against the Central Bank of West African States’ common currency used in the country, the West African CFA franc.

Censorship or Content Restrictions: The government influenced news coverage and program content on television channels and public and private radio stations. In June the HACA censored a documentary film on child labor in the cocoa industry produced by a French media outlet. Although set to air, the station instead displayed a blank screen. Journalists with the state-owned media regularly exercised self-censorship to avoid sanctions or reprisals from government officials. NGOs reported legal intimidation had a chilling effect on media coverage of certain topics.

Libel/Slander Laws: Libel deemed to threaten the national interest is punishable by six months to five years in prison.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government sometimes restricted the freedom of peaceful assembly.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law do not specifically provide for freedom of movement, foreign travel, emigration, or repatriation, but the government generally respected these rights.

In-country Movement: There were reports of impediments to internal travel. Security forces and unidentified groups erected and operated roadblocks, primarily along secondary roads outside of Abidjan. Although some roadblocks served legitimate security purposes, racketeering and extortion were common. FACI occupied some checkpoints at border crossings, but fewer than in previous years. Discrimination against perceived foreigners and descendants of Burkinabe migrants, including difficulty obtaining nationality and identity documentation, remained an obstacle to free movement of stateless persons and those at risk of statelessness in the country.

f. Protection of Refugees

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

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

Durable Solutions: Refugee documents allowed refugees to move freely in the country, with refugees younger than age 14 included on their parents’ documents. Refugees also had access to naturalization, although UNHCR reported many refugees had been in the naturalization process for more than five years.

Temporary Protection: The government also provided temporary protection for individuals who no longer qualified as refugees under the relevant UN conventions. Persons awaiting status determination received a letter, valid for three months, indicating they were awaiting a decision on their status. The letter provided for temporary stay and freedom of movement only. Holders of the letter did not qualify for refugee assistance such as access to education or health care.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. Human rights organizations reported significant official corruption, with corruption in the judiciary, police, and security forces being areas of particular concern. Many members of the security forces, including senior army officers, continued to engage in racketeering and extortion to profit from the illicit exploitation of natural resources. In September the head of the High Authority for Good Government (HABG), a government anticorruption authority, issued a communique in which he announced measures to end unauthorized charges for the delivery of administrative documents. Civil society groups and government officials reported the HABG was not empowered to act independently or to take decisive action to tackle corruption. The HABG can make recommendations, but the public prosecutor must decide to take up a case.

A government ministry said it reinforced and decentralized its Office of the Inspector General to facilitate more expeditious internal investigation procedures. The government also facilitated international training of Ivoirian magistrates to counteract money laundering.

Corruption: NGOs reported government authorities awarded many large contracts to persons or businesses with close connections to the executive branch. Since neither the proposals nor the contracts were made public, civil society organizations questioned the fairness and transparency of the procurement process.

In July, following a West African Economic and Monetary Union recommendation, the government endorsed a new public procurement code to increase the transparency of the public procurement process.

Financial Disclosure: A presidential decree requires the head of state, ministers, heads of national institutions, and directors of administration to disclose their income and assets. Since 2015 the HABG requires public officials to submit a wealth declaration within 30 days of the beginning of their term in office. The declaration was confidential, but the list of those who declared their wealth was publicly accessible in the official government journal. Officials who did not comply or provided a false declaration faced fines equal to six months of their salary. The procedures for reviewing the declaration of assets were not included in the implementing decree. The law requires the HABG to retain declarations of assets for at least 10 years.

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

A number of international and domestic human rights groups operated in the country, investigating and publishing their findings on human rights cases. Government officials met with some of those groups, sometimes at very senior levels. While the government was somewhat cooperative and responsive to their views, depending on the topic or case, it was at other times defensive about more sensitive topics.

The United Nations or Other International Bodies: The government accepted 181 of the 186 recommendations in the report of the third cycle of the Universal Periodic Review of the UN Human Rights Council, which was published in May.

Government Human Rights Bodies: The Ministry of Justice and Human Rights is responsible for implementing and monitoring the government’s policy on human rights, but it was neither adequately funded nor effective. In January the National Commission for Human Rights became the National Council for Human Rights (CNDH), a change intended to provide the CNDH with more financial and operational autonomy as an advisory body that consults on, conducts evaluations of, and creates proposals to promote and defend human rights. Nevertheless, the organization remained fully dependent on funding from the government. The CNDH inherited the UN Operation in Cote d’Ivoire (UNOCI’s) human rights mandate upon UNOCI’s departure in 2017 but acknowledged it did not have UNOCI’s resources or its autonomy. As of October the CNDH had 31 regional commissions and seven thematically focused departments. The civilian-controlled Special Investigative Cell (Special Cell) within the Ministry of Justice and Human Rights was established in 2011 to investigate and try those responsible for human rights abuses committed during the postelectoral crisis. The Special Cell issued a number of indictments, although the government did not take steps to initiate trials against any of those indicted. The Special Cell has an indefinite mandate.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law, including related regulations and statutory instruments, provides for the right of workers, except members of police and military services, to form or join unions of their choice, provides for the right to conduct legal strikes and bargain collectively, and prohibits antiunion discrimination by employers or others against union members or organizers. The law prohibits firing workers for union activities and provides for the reinstatement of dismissed workers within eight days of receiving a wrongful dismissal claim. The law allows unions in the formal sector to conduct their activities without interference. Worker organizations were independent of the government and political parties. According to the International Trade Union Confederation, the law does not have any objective criteria to establish recognition of representative trade unions, which could allow public and private employers to refuse to negotiate with unions on the grounds they were not representative. Foreigners are required to obtain residency status, which takes three years, before they may hold union office.

The law requires a protracted series of negotiations and a six-day notification period before a strike may take place, making legal strikes difficult to organize and maintain. Workers must maintain a minimum coverage in services whose interruption may endanger the lives, security, or health of persons; create a national crisis that threatens the lives of the population; or affect the operation of equipment. Additionally, if authorities deem a strike to be a threat to public order, the president has broad powers to compel strikers to return to work under threat of sanctions. Striking workers may legally be subjected to criminal penalties, including forced labor. The president also may require that strikes in essential services go to arbitration, although the law does not describe what constitutes essential services.

Apart from large industrial farms and some trades, legal protections excluded most laborers in the informal sector, including small farms, roadside street stalls, and urban workshops.

Before collective bargaining can begin, a union must represent 30 percent of workers. Collective bargaining agreements apply to employees in the formal sector, and many major businesses and civil-service sectors had them. Although the labor code may allow employers to refuse to negotiate, there were no such complaints from unions pending with the Ministry of Employment and Social Protection.

Media reported three teachers in Bouake, the second largest city, were injured in February when unidentified persons attacked members of a teachers’ union and burned motorbikes belonging to the teachers.

There were no complaints pending with the Ministry of Employment and Social Protection of antiunion discrimination or employer interference in union functions.

In February teachers from public primary and secondary schools and one university went on a two-month strike to claim better pay and working conditions. As a result two university teachers were jailed for public disorder and released two weeks later. Others were facing disciplinary actions at year’s end.

b. Prohibition of Forced or Compulsory Labor

The constitution explicitly prohibits human trafficking, including forced labor and child labor. The law criminalizes all forms of human trafficking, including for the purposes of forced labor or slavery, and the worst forms of child labor. The law grants government officials the broad power of requisitioning labor for “national economic and social promotion,” in violation of international standards. The government engages in forced prison labor, and the law allows for forced labor for political prisoners.

The government did not effectively enforce the law. The government did not provide enough resources or conduct enough inspections to deter violations. Forced and compulsory labor continued to occur in small-scale and commercial production of agricultural products, particularly on cocoa, coffee, pineapple, cashew, and rubber plantations, and in the informal labor sector, such as domestic work, nonindustrial farm labor, artisanal mines, street shops, and restaurants. Children were subjected to forced begging and participation in drug trafficking.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 16 years although the minimum age for apprenticeships is 14. The minimum age for hazardous work is 18 years. Minors younger than age 18 may not work at night. Although the law prohibits the exploitation of children in the workplace, the Ministry of Employment and Social Protection did not enforce the law effectively outside the civil service and large national and multinational companies.

The National Monitoring Committee on Actions to Fight Trafficking, Exploitation, and Child Labor (CNS), chaired by First Lady Dominique Ouattara, and the Interministerial Committee for the Fight against Trafficking, Exploitation, and Child Labor (CIM) are responsible for assessing government and donor actions on child labor.

The law prohibits child trafficking and the worst forms of child labor. The government took active steps to address the worst forms of child labor. The government worked on implementing its 2018-2020 National Action Plan against Trafficking, Exploitation, and Child Labor, and strengthened its National Child Labor Monitoring System. This program was launched in 2013 as a pilot in several departments to enable communities to collect and analyze statistical data on the worst forms of child labor and to monitor, report, and coordinate services for children involved in or at risk of child labor. Beginning in 2014 the government implemented stricter regulations on the travel of minors to and from the country, requiring children and parents to provide documentation of family ties, including at least a birth certificate. In late 2016 basic education became compulsory for children six to 16, increasing school attendance rates and diminishing the supply of children looking for work.

The Department of the Fight against Child Labor within the Ministry of Employment and Social Protection, CNS, and CIM led enforcement efforts. The government’s 2018-2020 National Action Plan calls for efforts to improve access to education and health care for children, and income-generating activities for their families, as well as nationwide surveys, awareness campaigns, and other projects with local NGOs to highlight the dangers associated with child labor. The First Lady’s NGO, Children of Africa, in partnership with the government, operated a shelter for child victims of trafficking and forced labor in the central-west region of the country. The government engaged in partnerships with the International Labor Organization, UNICEF, and the International Cocoa Initiative to implement these measures.

The List of Light Work Authorized for Children Between 13 to 16 Years of Age introduces and defines the concept of “socializing work,” unpaid work that teaches children to be productive members of the society. In addition the list states that a child cannot perform any work before 7 a.m. or after 7 p.m. or during regular school hours, that light work should not exceed 14 hours a week, and that it should not involve more than two hours on a school day or more than four hours a day during vacation.

The government did not effectively enforce the law. Child labor remained a problem, particularly in artisanal gold and diamond mines, agricultural plantations (generally small plots), and domestic work. Within agriculture, the worst forms of child labor were particularly prevalent in the cocoa and coffee sectors. Inspections during the year did not result in investigations into child labor crimes. Penalties were seldom applied and were not a deterrent to violations. The number of inspectors and resources for enforcement were insufficient to enforce the law.

Children routinely worked on family farms or as vendors, shoe shiners, errand runners, domestic helpers, street restaurant vendors, and car watchers and washers. Some girls as young as nine years old reportedly worked as domestic servants, often within their extended family networks. Children in rural areas continued to work on farms under hazardous conditions, including risk of injury from machetes, physical strain from carrying heavy loads, and exposure to harmful chemicals. According to international organizations, child labor was noticed increasingly on cashew plantations and in illegal gold mines, although no official studies had been conducted.

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

d. Discrimination with Respect to Employment and Occupation

The constitution provides for equal access to public or private employment and prohibits any discrimination in access to or in the pursuit of employment on the basis of sex, ethnicity, or political, religious, or philosophical opinions.

The law does not prohibit discrimination based on sexual orientation. The law specifically prohibits workplace discrimination based on HIV/AIDS status but does not address other communicable diseases. The labor code includes provisions to promote access to employment for persons with disabilities. It stipulates that employers must reserve a quota of jobs for qualified applicants. The law does not provide for penalties for employment discrimination.

The government did not effectively enforce the law. Human rights organizations continued to report discrimination with respect to gender, nationality, persons with disabilities, and LGBTI persons. While women in the formal sector received the same pay and paid the same taxes as men, reports of a reticence to hire women persisted. The government updated its labor laws to prevent women from doing certain jobs deemed “work that exceeds the ability and physical capacity of women, or work that presents dangers which are likely to undermine their morality, for example, working underground or in the mines.” The government indicated that if a woman wanted to carry out any of the work on the “prohibited list,” she needed to contact an inspector at the Ministry of Labor.

While the law provides the same protections for migrant workers in the formal sector as it does for citizens, most faced discrimination in terms of wages and treatment.

e. Acceptable Conditions of Work

The minimum wage varied by sector. The minimum wage in all sectors exceeded the government estimate for the poverty income level. The Ministry of Employment and Social Protection is responsible for enforcing the minimum wage. The government did not effectively enforce the law. Labor unions contributed to effective implementation of the minimum salary requirements in the formal sector. Approximately 85 percent of the total labor force was in the informal economy, in which labor law is not uniformly enforced. Labor federations attempted to fight for just treatment under the law for workers when companies failed to meet minimum salary requirements or discriminated between classes of workers, such as women or local versus foreign workers. The government started paying back wages based on a 2017 labor agreement reached with public-sector unions.

The law does not stipulate equal pay for equal work. There were no reports authorities took action to rectify the large salary discrepancies between foreign non-African employees and their African colleagues employed by the same companies.

The standard legal workweek is 40 hours. The law requires overtime pay for additional hours and provides for at least one 24-hour rest period per week. The law does not prohibit compulsory overtime.

The law establishes occupational safety and health standards in the formal sector, while the informal sector lacks regulation. The law provides for the establishment of a committee of occupational, safety, and health representatives responsible for verifying protection and worker health at workplaces. Such committees are to be composed of union members. The chair of the committee could report unhealthy and unsafe working conditions to the labor inspector without penalty. By law workers in the formal sector have the right to remove themselves from situations that endanger their health or safety without jeopardy to their employment. They may utilize the inspection system of the Ministry of Employment and Social Protection to document dangerous working conditions. Authorities effectively protected employees in this situation. These standards do not apply in the informal sector. The law does not cover several million foreign migrant workers or workers in the informal sector, who accounted for 70 percent of the nonagricultural economy.

The government did not effectively enforce the law. Human rights organizations reported numerous complaints against employers, such as improper dismissals, uncertain contracts, failure to pay the minimum wage, and the failure to pay employee salaries. The failure to enroll workers in the country’s social security program and pay into it the amount the employer has deducted from the worker’s salary was also a problem. The government did not devote adequate resources or conduct adequate inspections to enforce applicable laws in the formal sector. Penalties for violations were insufficient to deter violations. Administrative judicial procedures were subject to lengthy delays and appeals.

The government enforced labor protections only for salaried workers employed by the government or registered with the social security office. Penalties were insufficient to deter violations. The Ministry of Employment and Social Protection employed insufficient labor inspectors to enforce the law effectively. Labor inspectors reportedly accepted bribes to ignore violations. While the law requires businesses to provide medical services for their employees, small firms, businesses in the informal sector, households employing domestic staff, and farms (particularly during the seasonal harvests) did not comply. Excessive hours of work were common, and employers rarely recorded and seldom paid overtime hours in accordance with the law. In particular, employees in the informal manufacturing sector often worked without adequate protective gear. Human rights organizations reported that working conditions in illegal gold mines remained very poor, including lack of fencing around mines, as well as large detonations and resulting deadly mudslides. According to a report released in April, there were 6,000 industrial accidents between 2015 and 2017, the most recent data available. According to government officials, the San Pedro region had an average of 400 industrial accidents per year over the past three years due to insufficient safety oversight.

Kenya

Executive Summary

Kenya is a republic with three branches of government: an executive branch, led by a directly elected president; a bicameral parliament consisting of the Senate and National Assembly; and a judiciary. In the 2017 general elections, the second under the 2010 constitution, citizens cast ballots for president, deputy president, and parliamentarians, as well as county governors and legislators. International and domestic observers judged the elections generally credible, although some civil society groups and the opposition alleged there were irregularities. The Independent Electoral and Boundaries Commission (IEBC) declared Jubilee Coalition Party candidate Uhuru Kenyatta had won re-election as president over opposition candidate Raila Odinga. The Supreme Court subsequently annulled the results for president and deputy president, citing irregularities, and the court ordered a new vote for president and deputy president that the opposition boycotted. The IEBC declared President Kenyatta winner of the new vote, and the Supreme Court upheld the results. Kenya held three by-elections in April after the courts nullified the 2017 election results in those constituencies due to irregularities.

The National Police Service (NPS) maintains internal security and reports to the Ministry of Interior and Coordination of National Government. The National Intelligence Service collects intelligence internally as well as externally and reports directly to the president. The Kenya Defense Forces report to the Ministry of Defense and are responsible for external security but have some domestic security responsibilities, including border security and supporting civilian organizations in the maintenance of order, including postdisaster response. Civilian authorities at times did not maintain effective control over the security forces.

Significant human rights issues included: unlawful killings, including extrajudicial killings by the government or on behalf of the government and by al-Shabaab; forced disappearances by the government or on behalf of the government; torture by the government; harsh and life threatening prison conditions; arbitrary arrest and detention by the government; arbitrary interference with privacy; censorship; widespread crimes of violence against women and girls, which the government took inadequate action to prevent or prosecute; widespread acts of government corruption; and the existence and use of laws criminalizing consensual same-sex sexual conduct between adults.

The governmental Independent Policing Oversight Authority (IPOA), established to provide civilian oversight of police, investigated numerous cases of misconduct. Impunity at all levels of government continued to be a serious problem. The government took limited and uneven steps to address cases of alleged unlawful killings by security force members, although IPOA continued to refer cases of police misconduct to the Office of the Director of Public Prosecution (ODPP) for prosecution. Impunity in cases of alleged corruption was also common.

On January 15, five al-Shabaab terrorists conducted a complex terrorist attack at the Dusit D2 Hotel in downtown Nairobi, killing 21 persons including one American. Al-Shabaab also staged deadly attacks and guerilla-style raids on isolated communities along the border with Somalia, targeting both security forces and civilians. Human rights groups alleged security forces committed abuses, including extrajudicial killings, while conducting counterterror operations.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Expression: In 2017 a branch of the High Court declared unconstitutional Section 132 of the penal code that criminalized “undermining the authority of a public officer,” ruling the provision violated the fundamental right of freedom of expression. Other provisions of the constitution and the law prohibiting hate speech and incitement to violence remained in force. The Judicial Service Commission, however, reported many cases were withdrawn due to failure of witnesses to appear in court or to facilitate mediation. Cases that did proceed often failed to meet evidentiary requirements. Authorities arrested members of parliament (MPs) on incitement or hate speech charges. In June authorities arrested MP Charles Kanyi for incitement to violence after Kanyi allegedly threatened foreigners operating businesses in Nairobi. In September the Milimani chief magistrate acquitted four serving and former MPs of hate speech charges related to statements made in 2016.

Press and Media, Including Online Media: The government occasionally interpreted laws to restrict press freedom, and officials occasionally accused the international media of publishing stories and engaging in activities that could incite violence. Two laws give the government oversight of media by creating a complaints tribunal with expansive authority, including the power to revoke journalists’ credentials and levy debilitating fines. The government was media’s largest source of advertising revenue, and regularly used this as a lever to influence media owners. Most news media continued to cover a wide variety of political and social issues, and most newspapers published opinion pieces criticizing the government.

Sixteen other laws restrict media operations and place restrictions on freedom of the press. In 2016 the president signed into law the Access to Information Act, which media freedom advocates lauded as progress in government transparency. The government, however, has not issued regulations required to implement the act fully, and civil society organizations reported government departments failed in some instances to disclose information.

Violence and Harassment: Journalists alleged security forces or supporters of politicians at the national and county levels sometimes harassed and physically intimidated them. The government at times failed to investigate allegations of harassment, threats, and physical attacks on members of the media.

In February, Kenya Forest Service rangers assaulted four journalists while they were covering a ceremony in Naro Moru Forest Station. The cabinet secretary for the environment ordered the suspension of five officers involved in the assault.

In June, two Kenya Television Network (KTN) journalists were attacked and seriously injured by students and faculty of St. Stephen’s Girls Secondary School in Machakos County. The school’s principal was charged with assault and inciting the students to attack the journalists. The principal allegedly opposed the journalists investigating a case of a missing student.

Censorship or Content Restrictions: The mainstream media were generally independent, but there were reports by journalists government officials pressured them to avoid certain topics and stories and intimidated them if officials judged they had already published or broadcast stories too critical of the government. There were also reports journalists avoided covering issues or writing stories they believed their editors would reject due to direct or indirect government pressure.

Journalists practiced self-censorship to avoid conflict with the government on sensitive subjects, such as the first family or assets owned by the Kenyatta family.

Libel/Slander Laws: In 2017 a branch of the High Court declared unconstitutional a portion of the law that defined the offense of criminal defamation. Libel and slander remain civil offenses.

National Security: The government cited national or public security as grounds to suppress views it considered politically embarrassing.

Police arrested and detained for 14 days prominent social media blogger Robert Alai in June for posting pictures of police officers who were killed in a terror attack. Despite taking down the pictures as requested by police, he was arraigned in court and charged with two counts of treachery and disclosure of information in relation to terrorist activities. He was released on bail.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation for citizens, and the government respected those rights, but it placed restrictions on movement for refugees.

In-country Movement: Refugees and asylum seekers require registration with the National Registration Bureau, and the law reiterates strict implementation of the encampment policy. The Interior Ministry’s Refugee Affairs Secretariat (RAS), responsible for refugee management in the country, continued to enforce the encampment policy requiring all refugees and asylum-seekers to reside in the designated refugee camps, despite a Court of Appeal decision to the contrary. RAS issues new arrival asylum seekers with registration documents and movement passes requiring them to report to the camps. Refugees needing to move outside the designated areas (Kakuma camp, Kalobeyei settlement, and the Dadaab refugee camp complex) must obtain a temporary movement pass issued by the RAS. Stringent vetting requirements and long processing times have delayed the issuance of temporary movement passes in the camps.

The law allows exemption categories for specific groups to live outside designated camp areas, including in protection and medical cases. The government granted limited travel permission to refugees to receive specialized medical care outside the camps, and to refugees enrolled in public schools. It made exceptions to the encampment policy for extremely vulnerable groups in need of protection. The government continued to provide in-country movement and exit permits for refugee interviews and departures for third-country resettlement.

Although there were no restrictions on movements of internally displaced persons (IDPs), stateless persons in the country faced significant restrictions on their movement (see section 1.g.).

f. Protection of Refugees

The government generally cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to IDPs, refugees, asylum seekers, and other persons of concern. In 2017 the country pledged to apply the UNHCR Comprehensive Refugee Response Framework to enhance refugee self-reliance, increase access to solutions, and improve conditions in countries of origin for safe and voluntary returns. Implementation, however, has been lacking.

In 2017 the High Court blocked the government’s plan to close the Dadaab refugee camp complex, ruling the plan violated the principle of nonrefoulement and refugees’ constitutional rights to fair administrative action. While the court’s 2017 decision eased pressure on Somalis who feared the camp would close by the government-imposed deadline, during the year the government expressed a renewed interest in closing Dadaab, requesting UNHCR to relocate all refugees from Dadaab. The camp closure discussion created uncertainty for the more than 200,000 refugees residing there.

Abuse of Migrants, Refugees, and Stateless Persons: Police abuse, including detention of asylum seekers and refugees, continued, often due to a lack of awareness and understanding of the rights afforded to refugee registration card holders. Most detainees were released after a court appearance or intervention by organizations such as the Refugee Consortium of Kenya.

During the year the security situation in Dadaab improved but remained precarious. There were no attacks on humanitarian workers and no detonations of improvised explosive devices within 15 miles of the refugee complex during the year. The security partnership between UNHCR and local police remained strong and led to improvements in camp security through community policing and neighborhood watch initiatives.

Sexual and gender-based violence against refugees and asylum seekers remained a problem, particularly for vulnerable populations including women, children, and lesbian, gay, bisexual, transgender, and intersex (LGBTI) refugees and asylum seekers. Reported incidents included domestic violence, rape, sexual assault, physical assault, psychological abuse, female genital mutilation mutilation/cutting (FGM/C), and early and forced marriage, particularly of Sudanese, South Sudanese, and Somali girls. Although there was increased community engagement to reduce sexual and gender-based violence and strengthened partnerships, including with the local authorities, sexual and gender-based violence continued to affect women and girls due to their low social and economic status in the community. Most urban refugees reside in slum areas where insecurity and sexual and gender-based violence is rampant. Female-headed households and young girls separated from families due to conflict are most at risk due to lack of male protection within their families. Girls and boys out of school are at risk of abuse, survival sex, and early marriage. Despite strong awareness programs in the camps, underreporting persisted due to community preference for maslaha, a traditional form of jurisprudence prevalent in the region, as an alternative dispute resolution mechanism; shortages of female law enforcement officers; limited knowledge of sexual and gender-based violence; and the medical forensic requirements for trying alleged rape cases.

Refugees have equal access to justice and the courts under the law. They were often unable, however, to obtain legal services because of the prohibitive cost and their lack of information on their rights and obligations. UNHCR continued to provide legal assistance and representation to refugees to increase their access to justice. The law specifically provides that refugees are eligible to receive legal aid services. The law, however, has not been fully operationalized.

Refugees generally dealt with criminality in accordance with their own customary law and traditional practices rather than through the country’s justice system. Other security problems in refugee camps included petty theft, banditry, ethnic violence, and the harassment of Muslim converts to Christianity, according to UNHCR.

Exploitation of refugees with false promises of assistance in the resettlement process or in securing movement passes remained a concern.

Refoulement: There were no confirmed cases of refoulement.

During the year UNHCR assisted more than 2,500 persons to return voluntarily to their places of origin, of whom 1,889 returned to Somalia and 737 returned to Burundi. Insecurity and unfavorable conditions in countries of origin such as South Sudan, Yemen, and Somalia hindered returns.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has a system for providing protection to camp-based refugees. While the government generally coordinated with UNHCR to provide assistance and protection to refugees in the Dadaab and Kakuma refugee camps, cooperation was limited in urban areas. The government had yet to register more than 15,000 refugees and asylum seekers estimated to reside in Dadaab, the majority of whom were Somali. Pressure from UNHCR and the international community resulted in the government’s registration of a number of extremely vulnerable individuals. South Sudanese refugees maintain prima facie refugee status.

According to UNHCR, as of November the country hosted 488,867 registered refugees and asylum seekers, including 217,139 in the Dadaab refugee camp complex, 193,429 in Kakuma camp, and 78,299 in urban areas. Most refugees and asylum seekers were from Somalia (260,683) with others coming from South Sudan (119,110), the Democratic Republic of the Congo (DRC) (43,186), Ethiopia (27,989), Burundi (14,674), and other countries (16,810). Most refugees arriving in Kakuma were from South Sudan, and the refugee population in Dadaab was primarily Somali. New arrivals also included individuals from Burundi, the DRC, Ethiopia, and Uganda. An agreement on voluntary repatriation between the country, Somalia, and UNHCR expired in November 2018, although it was still de facto in place. Since 2014 a total of 84,714 Somali refugees have voluntarily repatriated under the agreement.

The RAS, responsible for refugee management in the country, maintained a cooperative working relationship with UNHCR, which continued to provide technical support and capacity building to the RAS.

Freedom of Movement: Refugees’ freedom of movement was significantly restricted due to the country’s strict encampment policies (see section 2.d.).

Employment: Refugees are generally not permitted to work in the country.

Access to Basic Services: Despite the encampment policy, many refugees resided in urban areas, even though they lacked documentation authorizing them to do so. This affected their access to basic government services, including the National Health Insurance Fund, education, employment, business licenses, financial institutions, mobile phones, and related services. In addition they are subject to arrest, police harassment, and extortion.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption. Despite public progress in fighting corruption during the year, the government did not implement relevant laws effectively. Frequently officials allegedly engaged in corrupt practices with impunity.

Corruption: During the year the ODPP initiated investigations and prosecutions of high-level corruption involving dozens of government and parastatal officials with ties to the ruling party and to the political opposition. These investigations and prosecutions included some senior officials such as the cabinet secretary for national treasury and planning and his principal secretary. The national media closely covered the director of public prosecution’s investigations into and arrests of officials stemming from the 21 billion shillings ($206 million) procurement scandals at the Kerio Valley Development Authority, as well as corruption allegations involving the National Lands Commission, county governor offices, and high-profile business leaders. These investigations and prosecutions remained active at year’s end.

The public continued to perceive corruption as a severe problem at all levels of government. A survey during the year in the country by Transparency International found 45 percent of respondents had paid a bribe, compared with 37 percent in the previous 2015 survey. Police and authorities issuing identification documents were cited the most for taking bribes. Corruption had increased according to 67 percent of respondents, and 71 percent believed the government was doing a poor job of combating corruption. The responses on these two questions had not changed significantly from the results of Transparency’s 2015 poll.

In January, President Kenyatta appointed a new chief executive officer of the Ethics and Anticorruption Commission (EACC), who introduced a new approach to tackling corruption that prioritizes high-impact cases, systems reviews, assets recovery, and public communication. In the new commissioner’s first five months in office, the EACC recovered assets equal to 30 percent of the corruption assets the EACC recovered over the past five years. Officials from agencies tasked with fighting corruption, including the EACC, ODPP, and judiciary, were sometimes the subjects of corruption allegations.

The EACC has the legal mandate to investigate official corruption allegations, develop and enforce a code of ethics for public officials, and engage in public outreach on corruption. The EACC, however, lacks prosecutorial authority and must refer cases to the ODPP to initiate prosecutions. At the end of 2018, the EACC reported having more than 319 corruption cases pending in court. A mixture of cash and land/immovable assets valued at approximately 3.2 billion shillings ($31.4 million) were recovered in the period 2018-2019. The EACC had secured 39 convictions in the 2017-2018 period, an 80 percent conviction rate, with some cases including several individuals, making the 2017-2018 fiscal year the most successful year in the commission’s history.

The government took additional steps to combat corruption, including increasing the number of investigations and prosecutions. The government made limited progress on other commitments, including adoption of international anticorruption standards and digitization of government records and processes. Because courts had significant case backlogs, cases could take years to resolve.

Police corruption remained a significant problem. Human rights NGOs reported police often stopped and arrested citizens to extort bribes. Police sometimes jailed citizens on trumped-up charges or beat those who could not pay the bribes. During police vetting conducted by the National Police Service Commission (NPSC) in recent years, many police officers were found to have the equivalent of hundreds of thousands of dollars in their bank accounts, far exceeding what would be possible to save from their salaries. Mobile money records showed some officers also transferred money to superior officers.

The Judiciary and the NPS continued measures to reform the handling of traffic cases by police and courts, streamlining the management of traffic offenses to curb corruption. Despite the progress noted above, no senior police official was convicted or jailed for corruption-related offenses during the year.

Financial Disclosure: The law requires all public officers to declare their income, assets, and liabilities to their “responsible commission” (for example, the Parliamentary Service Commission in the case of members of parliament) every two years. Public officers must also include the income, assets, and liabilities of their spouses and dependent children younger than 18. Failure to submit the declaration as required by law or providing false or misleading information is punishable by a fine of one million shillings ($9,820) or imprisonment for a term not exceeding one year or both. Information contained in these declarations was not readily available to the public, and the relevant commission must approve requests to obtain and publish this information. Any person who publishes or otherwise makes public information contained in public officer declarations without such permission may be subject to imprisonment for up to five years, a fine of up to 500,000 shillings ($4,910), or both. Authorities also required police officers undergoing vetting to file financial disclosure reports for themselves and their immediate family members. These reports were publicly available.

The law requires public officers to register potential conflicts of interest with the relevant commissions. The law identifies interests public officials must register, including directorships in public or private companies, remunerated employment, securities holdings, and contracts for supply of goods or services, among others. The law requires candidates seeking appointment to nonelected public offices to declare their wealth, political affiliations, and relationships with other senior public officers. This requirement is in addition to background screening on education, tax compliance, leadership, and integrity. Many officials met these requirements and reported potential conflicts of interest. Authorities did not strictly enforce ethics rules relating to the receipt of gifts and hospitality by public officials.

There were no reported challenges to any declarations of wealth–which normally are not made public–filed by public officials. The requirement for asset and conflict of interest declarations was suspended by an August 2018 Public Service Commission (PSC) memo. The memo was issued after PSC engagement with government stakeholders indicated a need for clarity on the filling out of the assets registry. The PSC’s suspension of the requirement led to inconsistency in the application of the directive, with some institutions requiring declarations while others did not.

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

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases, although some groups reported experiencing government harassment during the year. Officials were sometimes cooperative and responsive to the queries of these groups, but the government did not implement recommendations by human rights groups if such recommendations were contrary to its policies. There were reports officials intimidated NGOs and threatened to disrupt their activities (see section 2.b.). Less-established NGOs, particularly in rural areas, reported harassment and threats by county-level officials as well as security forces. Human rights activists claimed security forces conducted surveillance of their activities, and some reported threats and intimidation.

The Truth, Justice, and Reconciliation Commission issued its final, multivolume report about human rights abuses and injustices from the colonial period through the 2007-2008 postelection violence to President Kenyatta in May 2013. The government largely failed to implement the commission’s recommendations on justice and accountability, despite calls from survivors, victims, religious leaders, and civil society (see section 1.e., Property Restitution). In March a lobby group, the National Victims and Survivors Network, petitioned the Senate to take over the consideration and implementation process of the commission from the National Assembly.

In 2013 a group of civil society organizations filed a High Court petition accusing the government of having failed to investigate and address properly sexual and gender-based violence that occurred during the 2007-2008 postelection violence or to provide medical and legal assistance to survivors. The case continued at year’s end.

There were also reports officials and police officers threatened activists who sought justice for police killings and other serious abuses during the 2017 elections. Human Rights Watch reported that, between August 2017 and March 2018, police and other officials directly intimidated at least 15 activists and victims in Nairobi and in the western county of Kisumu. The intimidation included threats of arrest, warnings not to post information about police brutality, home and office raids, and confiscation of laptops and other equipment.

Government and security officials promptly investigated the 2016 triple homicide case of International Justice Mission (IJM) lawyer and investigator Willie Kimani, IJM client Josphat Mwenda, and their driver Joseph Muiruri, and charged four police officers accused in the case. In October a court barred the prosecution from submitting a 2016 video confession by one of the defendants as evidence. The trial continued at year’s end.

The KNCHR reported security agencies continued to deny it full access to case-specific information and facilities to conduct investigations of human rights abuses as the constitution permits.

The United Nations or Other International Bodies: The government took note of recommendations of the United Nations or international human rights groups but in many cases did not implement them.

Government Human Rights Bodies: The KNCHR is an independent institution created by the 2010 constitution and established in 2011. Its mandate is to promote and protect human rights in the country. Citing budget restrictions, the administration reduced KNCHR’s budget for the fifth straight year.

The NPSC and IPOA, both government bodies, report to the National Assembly. The NPSC consists of six civilian commissioners, including two retired police officers, as well as the NPS inspector general and two deputies. In January a new commission took office. The NPSC is responsible for recruiting, transferring, vetting, promoting, and disciplining NPS members. In September the NGO consortium the Police Reforms Working Group Kenya issued a press statement noting its concerns regarding the August dismissal of IPOA’s chief executive officer by the board. The working group also called for a parliamentary inquiry into the appointment process and activities of IPOA’s board and urged the government to safeguard the independence of IPOA’s secretariat. The CEO was reinstated in October.

The ODPP is empowered to direct the NPS inspector general to investigate any information or allegation of criminal conduct and to institute criminal proceedings in police abuse or corruption cases.

Police accountability mechanisms, including those of the IAU and IPOA, maintained their capacity to investigate cases of police abuse, although disagreements around the dismissal and reinstatement of IPOA’s CEO likely delayed some investigations. The IAU director reports directly to the NPS inspector general. Eighty-two officers served in the IAU, mostly investigators with a background in the Kenya Police Service and the Administration Police Service. During the year the IAU also began interviews to select 150 additional officers. The IAU conducts investigations into police misconduct, including criminal offenses not covered by IPOA. Between January and September, the IAU received approximately 1,200 complaints, the number of which had increased year-to-year as police and the public became more familiar with the IAU. As required by law, the IAU relocated to offices separate from the rest of the police service in late 2018. This move also contributed to the increase in the number of cases the IAU received. The EACC, an independent agency, investigates cases involving police corruption. IPOA also helps to train police officers on preventing abuses and other human rights issues.

As of June, IPOA received 3,237 complaints, bringing the total since its inception in 2012 to 13,618. IPOA defines five categories of complaints. Category One complaints comprise the most serious crimes–such as murders, torture, rape, and serious injury–and result in an automatic investigation. In Category Two serious crimes, such as assault without serious injury, are investigated on a case-by-case basis. Categories Three to Five, for less serious crimes, are generally not investigated, although during the year IPOA and the IAU entered into regular dialogue about referring cases deemed less serious offenses for disciplinary action. If, after investigation, IPOA determines there is criminal liability in a case, it forwards the case to the ODPP. As of June, IPOA launched 489 investigations.

The law requires the NPSC eventually to vet all serving police officers. Vetting required an assessment of each officer’s fitness to serve based on a review of documentation, including financial records, certificates of good conduct, and a questionnaire, as well as public input alleging abuse or misconduct. The NPSC reported it had vetted more than 15,000 officers since 2012. The NPSC, however, had not vetted any officers since the new commission took office in January. Some legal challenges brought by officers removed from the service after vetting continued in court.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, including those in export processing zones (EPZs), to form and join unions of their choice and to bargain collectively. For the union to be recognized as a bargaining agent, it needs to represent a simple majority of the employees in a firm eligible to join the union. This provision extends to public and private sector employees. Members of the armed forces, prisons service, and police are not allowed to form or join trade unions.

The law permits the government to deny workers the right to strike under certain conditions. For example the government prohibits members of the military, police, prison guards, and the National Youth Service from striking. Civil servants are permitted to strike following a seven-day notice period. A bureau of the Ministry of Labour and Social Protection typically referred disputes to mediation, fact-finding, or binding arbitration at the Employment and Labour Relations Court, a body of up to 12 judges that has exclusive jurisdiction to handle employment and labor matters and that operates in urban areas, including Nairobi, Mombasa, Nyeri, Nakuru, Kisumu, and Kericho. The Employment and Labour Relations Court also has subregistries in Meru, Bungoma, Eldoret, Malindi, Machakos, and Garissa.

By law workers who provide essential services, interpreted as “a service the interruption of which would probably endanger the life of a person or health of the population,” may not strike. Any trade dispute in a service listed as essential or declared an essential service may be adjudicated by the Employment and Labour Relations Court.

Strikes must concern terms of employment, and sympathy strikes are prohibited.

The law permits workers in collective bargaining disputes to strike if they have exhausted formal conciliation procedures and have given seven days’ notice to the government and the employer. Conciliation is not compulsory in individual employment matters. Security forces may not bargain collectively but have an internal board that reviews salaries. Informal workers may establish associations, or even unions, to negotiate wages and conditions matching the government’s minimum wage guidelines and advocate for better working conditions and representation in the Employment and Labour Relations Court. The bill of rights in the constitution allows trade unions to undertake their activities without government interference, and the government generally respected this right.

The law prohibits antiunion discrimination and provides for reinstatement of workers dismissed for union activity. The Employment and Labour Relations Court can order reinstatement and damages in the form of back pay for employees wrongfully dismissed for union activities. Labor laws apply to all groups of workers.

The government enforced the decisions of the Employment and Labour Relations Court inconsistently. Many employers did not comply with reinstatement orders, and some workers accepted payment in lieu of reinstatement. In several cases employers successfully appealed the Employment and Labour Relations Court’s decisions to a branch of the High Court. The enforcement mechanisms of the Employment and Labour Relations Court remained weak, and its case backlog raised concerns about the long delays and lack of efficacy of the court.

The Employment and Labour Relations Court received many cases arising from the implementation of new labor laws. The parties filed most cases directly without referral to the Ministry of Labour and Social Protection for conciliation. The court was running a significant backlog.

The chief justice designated all county courts presided over by senior resident Magistrates and higher-ranking judges as special courts to hear employment and labor cases. Providing adequate facilities outside of Nairobi was challenging, but observers cited the ability of workers to submit labor-related cases throughout the country as a positive step. In 2016 the Judiciary finalized the Employment and Labor Relations (Procedure) Rules. The significant changes introduced in the new court procedure rules provide parties access to file pleadings directly in electronic form, new pretrial procedures, and alternative dispute resolution. The rules also set a 30-day time limit for the court to submit a report on disagreements over collective bargaining agreements filed.

The government generally respected freedom of association and the right to bargain collectively, although enforcement was inconsistent. The government expressed its support for union rights mandated in the constitution.

Airport workers at Nairobi’s Jomo Kenyatta International Airport also went on strike in March to protest potential restructuring of the airport. Six striking workers were injured during clashes with police, and 10 members of the Kenya Aviation Workers Union, including its secretary-general, were arrested. After negotiation, the union agreed to end the strike in exchange for release of the arrested union officials and an agreement not to fire striking workers.

Migrant workers often lacked formal organization and consequently missed the benefits of collective bargaining. Similarly, domestic workers and others who operated in private settings were vulnerable to exclusion from legal protections, although domestic workers’ unions exist to protect their interests.

The government deployed labor attaches to Qatar, Saudi Arabia, and the United Arab Emirates (UAE) to regulate and coordinate contracts of migrant workers from the country and promote overseas job opportunities. The Ministry of East African Community and Regional Development also helped domestic workers understand the terms and conditions of their work agreements. The government operationalized a 2017 bilateral agreement with Saudi Arabia in January after revetting recruitment agencies in Riyadh. The government has additional bilateral agreements with Qatar and UAE. The ministry has a directorate to regulate the conduct of labor agents for local migrant workers, including requiring the posting of a 500,000 shilling ($4,910) performance-guarantee bond for each worker.

The misuse of internships and other forms of transitional employment threatened the survival of trade unions, with employers often not hiring employees after an internship ends. State agencies increasingly outsourced jobs to the private sector, and in the private sector, casual workers were employed on short-term contracts. This shift contributed to declining numbers in trade unions. In July the Public Service Commission introduced a plan to place civil servants on three-year employment contracts and eliminate permanent and pensionable terms, but a worker’s union obtained a court order to halt the policy shift. NGOs and trade unionists reported replacement of permanent positions by casual or contract labor, especially in the EPZs, the Port of Mombasa, and in the agricultural and manufacturing sectors. In some cases employers staffed permanent jobs with rotating contract workers. This practice occurred at the management level as well, where employers hired individuals as management trainees and kept them in these positions for the maximum permitted period of three years. Instead of converting such trainees to permanent staff, employers replaced them with new trainees at the end of three years.

Workers exercised the right to strike. The health sector witnessed industrial strikes by county government health professionals to protest delayed salary payments. The strikes occurred intermittently in various counties, since under the 2010 constitution each county manages its own health system as part of the devolution of resources and services from the national government. According to the Kenya County Government Workers Union, during the year 21 counties had delayed salary payments. The strikes affected delivery of services in counties like Meru and Embu, but negotiations averted some threatened strikes.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor, including by children. The country made moderate advances to prevent or eliminate forced labor.

The government did not effectively enforce the law, and forced labor occurred, including forced child labor (see section 7.c.). Certain legal provisions, including the penal code and the Public Order Act, impose compulsory prison labor. Resources, inspections, and remediation were not adequate to prevent forced labor, and penalties were not sufficient to deter violations. Violations included debt bondage, trafficking of workers, and compulsion of persons, even family members, to work as domestic servants. Domestic workers from Uganda, herders from Ethiopia, and others from Somalia, South Sudan, and Burundi were subjected to forced labor in the country; however, this trend was reportedly decreasing.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The government prohibits most, but not all, of the worst forms of child labor. The minimum age for work (other than apprenticeships) is 16, and the minimum age for hazardous work is 18. These protections, however, only extend to children engaged under formal employment agreements and do not extend to those children working informally. The ministry published a list of specific jobs considered hazardous that would constitute the worst forms of child labor. This list includes but is not limited to scavenging, carrying stones and rocks, metalwork, working with machinery, mining and stone crushing. The law explicitly prohibits forced labor, trafficking, and other practices similar to slavery; child soldiering; prostitution; the use, procuring, or offering of a child for the production of pornography or for pornographic performances; and the use by an adult for illegal activities (such as drug trafficking) of any child up to age 18. The law applies equally to girls and boys. The International Labor Organization (ILO) identified gaps in the law with regards to children working as cadets at sea.

The law allows children ages 13 to 16 to engage in industrial undertakings when participating in apprenticeships. Industrial undertakings are defined under law to include work in mines, quarries, factories, construction, demolition, and transportation, which are legally categorized as hazardous work.

The law provides for penalties for any person who employs, engages, or uses a child in an industrial undertaking in violation of the law. Fines in the formal sector were generally enough to deter violations. Employment of children in the formal industrial wage sector in violation of the Employment Act was rare. The law does not prohibit child labor for children employed outside the scope of a contractual agreement. Child labor in the informal sector was widespread, but the government did not effectively monitor or control it.

The Ministry of Labour and Social Protection enforces child labor laws, but enforcement remained inconsistent. Supplementary programs, such as the ILO-initiated Community Child Labor monitoring program, helped provide additional resources to combat child labor. These programs identified children who were working illegally, removed them from hazardous work conditions, and referred them to appropriate service providers. The government also worked closely with the Central Organization of Trade Unions, and the Federation of Kenyan Employers to eliminate child labor.

In support of child protection, the Ministry of Labour and Social Protection launched a national online database system in 2017. The Child Protection Information Management System collects, aggregates and reports on child protection data that informs policy decisions and budgeting for orphans and vulnerable children. The web-based system allows for an aggregate format of data to be made available to all the child protection stakeholders. In 2017, two new child rescue centers were established in Siaya and Kakamega counties, bringing the total number of these centers to eight. Child rescue centers remove child laborers from the workplace, rehabilitate them, and provide counseling and life-skills training.

The government continued to implement the National Safety Net Program for Results, a project that seeks to establish an effective national safety net program for poor and vulnerable households, and the Decent Work Country Program, a project designed to advance economic opportunities. Under these programs, the government pays households sheltering orphans or other vulnerable children to deter the children from dropping out of school and engaging in forced labor. For example there were some cases reported in the western part of the country of girls dropping out of secondary school and engaging in sex work in order to afford basic supplies.

Many children worked on family plots or in family units on tea, coffee, sugar, sisal, tobacco, and rice plantations, as well as in the production of khat. Children worked in mining, including in abandoned gold mines, small quarries, and sand mines. Children also worked in the fishing industry. In urban areas businesses employed children in hawking, scavenging, carrying loads, fetching and selling water, selling food, and forced begging (that puts children at risk of being involved in criminal acts). Children often worked long hours as domestic servants in private homes for little or no pay, and there were reports of physical and sexual abuse of child domestic servants. Parents sometimes initiated forced or compulsory child labor, such as in agricultural labor and domestic service, but also including commercial sexual exploitation.

Most of the trafficking of children within the country appeared related to domestic labor, with migrant children trafficked from rural to urban areas.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination on race, sex, ethnicity, religion, and several other criteria, but it does not explicitly prohibit discrimination based on sexual orientation or gender identity. Several regulatory statutes explicitly prohibit discrimination against persons with disabilities; provide a legal framework for a requirement for the public and private sectors to reserve 5 percent of employment opportunities for persons with disabilities; tax relief and incentives for such persons and their organizations; and reserves 30 percent of public-procurement tenders for women, youth, and persons with disabilities.

The government did not effectively enforce the law. Gender-based discrimination in employment and occupation occurred, although the law mandates nondiscrimination based on gender in hiring. The average monthly income of women was approximately two-thirds that of men. Women had difficulty working in nontraditional fields, received slower promotions, and were more likely to be dismissed. According to a World Bank report, both men and women experienced sexual harassment in job recruitment, but women more commonly reported it. Women who tried to establish their own informal businesses were subjected to discrimination and harassment. One study of women street vendors in Nairobi found harassment was the main mode of interaction between street vendors and authorities. The study noted demands for bribes by police amounting to 3 to 8 percent of a vendor’s income as well as sexual abuse were common.

In an audit of hiring practices released in 2016, the National Cohesion and Integration Commission accused many county governors of appointing and employing disproportionate numbers of the dominant tribe in their county. According to the commission, 15 of the 47 counties failed to include a single person from a minority tribe either on the county’s public service board or as county executive committee members. For example, all 10 of West Pokot’s committee members were Pokots. These problems were aggravated by the devolution of fiscal and administrative responsibility to county governments. Other counties, for example, Nairobi City County, were notable for apportioning roles inclusively. Observers also noted patterns of preferential hiring during police recruitment exercises (see section 1.d.).

In both private business and in the public sector, members of nearly all ethnic groups commonly discriminated in favor of other members of the same group.

The law provides protection for persons with disabilities against employment discrimination, although many employers still discriminated against persons with disabilities during hiring processes (see section 6, Persons with Disabilities). Due to societal discrimination, there were very limited employment opportunities for persons with albinism. There are no legal employment protections for LGBTI persons, who remained vulnerable to discrimination in the workplace. Discrimination against migrant workers also occurred.

e. Acceptable Conditions of Work

Regulation of wages is part of the Labor Institutions Act, and the government established basic minimum wages by occupation and location, setting minimum standards for monthly, daily, and hourly work in each category. The minimum wage for all occupations exceeded the World Bank poverty rate.

The law limits the normal workweek to 52 hours (60 hours for night workers); some categories of workers had lower limits. It specifically excludes agricultural workers from such limitations. It entitles an employee in the nonagricultural sector to one rest day per week and 21 days of combined annual and sick leave. The law also requires total hours worked (regular time plus overtime) in any two-week period not exceed 120 hours (144 hours for night workers), and provides premium pay for overtime.

The government did not effectively enforce the law. Authorities reported workweek and overtime violations. Workers in some enterprises, particularly in the EPZs and those in road construction, claimed employers forced them to work extra hours without overtime pay to meet production targets. Hotel industry workers were usually paid the minimum statutory wage, but employees worked long hours without compensation. Additionally, employers often did not provide nighttime transport, leaving workers vulnerable to assault, robbery, and sexual harassment.

The law details environmental, health, and safety standards. The Ministry of Labour and Social Protection’s Directorate of Occupational Health and Safety Services has the authority to inspect factories and work sites, but employed an insufficient number of labor inspectors to conduct regular inspections. Fines generally were insufficient to deter violations.

The directorate’s health and safety inspectors can issue notices against employers for practices or activities that involve a risk of serious personal injury. Employers may appeal such notices to the Factories Appeals Court, a body of four members, one of whom must be a High Court judge. The law stipulates factories employing 20 or more persons have an internal health and safety committee with representation from workers. According to the government, many of the largest factories had health and safety committees.

The law provides for labor inspections to prevent labor disputes, accidents, and conflicts and to protect workers from occupational hazards and disease by ensuring compliance with labor laws. The government paid low salaries to labor inspectors and did not provide vehicles, fuel, or other resources, making it very difficult for labor inspectors to do their work effectively and leaving them vulnerable to bribes and other forms of corruption.

The law provides social protections for workers employed in the formal and informal sectors. Informal workers organized into associations, cooperatives, and, in some cases, unions. All local employers, including those in the informal sector, are required to contribute to the National Hospital Insurance Fund and the National Social Security Fund; these provide health insurance and pensions.

Workers, including foreigners and immigrants, have the legal right to remove themselves from situations that endanger health or safety without jeopardy to their employment. The Ministry of Labour and Social Protection did not effectively enforce these regulations, and workers were reluctant to remove themselves from working conditions that endangered their health or safety due to the risk of losing their jobs. In November a harvester lost an eye in an accident on a tea plantation. The Kenya Federation of Employers provided training and auditing of workplaces for health and safety practices.

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