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Canada

Executive Summary

Canada is a constitutional monarchy with a federal parliamentary government. In a free and fair multiparty federal election held in 2015, the Liberal Party, led by Justin Trudeau, won a majority of seats in the federal parliament, and Trudeau formed a government at the request of the governor general.

Civilian authorities maintained effective control over the security forces.

Human rights issues included reports of deadly violence against women, especially indigenous women, which authorities investigated and prosecuted.

There was no impunity for officials who committed violations, and the government took steps to identify, investigate, prosecute, and punish them.

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

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

The law prohibits such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns cited in prisons and detention centers regarding physical conditions. Adults and juveniles were held separately, although minors were held with their parents in immigration detention centers as an alternative to splitting families.

Civil society groups challenged federal and some provinces’ use of solitary confinement in the court system. The cases limited solitary confinement of the mentally ill and recommended caps on the length of time an inmate can be placed in solitary confinement. In May 2017 the federal correctional investigator or ombudsman for federally sentenced offenders reported an estimated 400 federal inmates were in solitary confinement on any given day and reported the average length of stay for men at 22 days (down from 35 days in previous years), and for women an average of 10 days. The average time inmates spent in solitary confinement also fell in part due to assignment of high-needs inmates to treatment programs and specialized units for mental care, drug addiction, or other factors as an alternative to segregation.

In July an Ottawa man filed suit against the Ontario government for a mental health breakdown he alleged occurred after spending 18 months in solitary confinement while on remand awaiting trial.

On January 5, the Royal Canadian Mounted Police (RCMP) indicted two correctional officers for manslaughter and criminal negligence causing the in-custody death of Matthew Hines, who died from asphyxiation in 2015 after being repeatedly pepper sprayed. On April 25, both defendants pleaded not guilty, and their cases were pending trial as of October 1.

Administration: Independent authorities investigated credible allegations of inhumane behavior and documented the results of such investigations in a publicly accessible manner.

Independent Monitoring: The government permitted visits by independent nongovernmental human rights observers.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: According to Supreme Court rulings, the government may limit speech to counter discrimination, foster social harmony, or promote gender equality. The court ruled that the benefits of limiting hate speech and promoting equality are sufficient to outweigh the freedom of speech clause in the Charter of Rights and Freedoms, the country’s constitutional bill of rights.

The criminal code prohibits public incitement and willful promotion of hatred against an identifiable group in any medium. Inciting hatred (in certain cases) or genocide is a criminal offense, but the Supreme Court sets a high threshold for such cases, specifying that these acts must be proven to be willful and public. Provincial-level film censorship, broadcast licensing procedures, broadcasters’ voluntary codes curbing graphic violence, and laws against hate literature and pornography impose some restrictions on the media.

On August 9, the Supreme Court announced it would hear the appeal of a Quebec superior court ruling in March that ordered a Radio Canada journalist to reveal confidential sources the journalist used involving a former deputy premier of the province. On November 30, the Supreme Court reaffirmed its prior rulings that the government may compel media organizations to produce evidence in relation to criminal investigations. In its decision the court declined to address whether the press enjoys distinct and independent constitutional protection, noting the matter was not considered by the lower courts. The court also noted that the 2017 Journalistic Sources Protection Act did not apply, because the case arose before the law took effect.

The trial of a Mississauga, Ontario, man charged in 2017 with one count of willful promotion of hatred for posting abusive videos and materials against Muslims and other groups on his website and other social media platforms remained pending as of October 1.

In December 2017 a Quebec government commission presented its findings after investigating reports that Quebec law enforcement agencies surveilled eight journalists between 2008 and 2016 as part of internal police investigations into sources of leaked information in a political corruption case. Although the police had a warrant from a Quebec court for each case, testimony suggested police might have based warrant applications on unsubstantiated allegations. The commission found no conclusive proof of political interference with police investigations but recommended legislation to establish a legal firewall between police and politicians and to protect journalistic sources, as well as improve police training to ensure freedom of the press.

INTERNET FREEDOM

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

Approximately 99 percent of households could access broadband services. According to International Telecommunication Union data, 93 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

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

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

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

PROTECTION OF REFUGEES

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

Durable Solutions: The government accepted refugees for resettlement from third countries and facilitated local integration (including naturalization), particularly of refugees in protracted situations. The government assisted the safe, voluntary return of refugees to their homes.

Temporary Protection: The government also provided temporary protection (in the form of temporary residence permits) to persons who may not qualify as refugees.

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.

Elections and Political Participation

Recent Elections: In 2015, following a free and fair election, the Liberal Party won a majority of seats in the federal parliament and formed a national government.

Participation of Women and Minorities: No laws limit the participation of women or members of minorities in the political process, and they did participate. The government of New Brunswick provided financial incentives to political parties to field female candidates in provincial elections.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

Federal and some provincial laws, including related regulations and statutory instruments, provide for the right of workers in both the public and the private sectors to form and join independent unions, conduct legal strikes, and bargain collectively. Workers in the public sector who provide essential services, including police and armed forces, do not have the right to strike but have mechanisms to provide for due process and to protect workers’ rights. Workers in essential services had recourse to binding arbitration if labor negotiations failed. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. There were no reports of antiunion discrimination or other forms of employer interference in union functions.

Federal labor law applies in federally regulated sectors, which include industries of extra provincial or international character, transportation and transportation infrastructure that crosses provincial and international borders, marine shipping, port and ferry services, air transportation and airports, pipelines, telecommunications, banks, grain elevators, uranium mining and processing, works designated by the federal parliament affecting two or more provinces, protection of fisheries as a natural resource, many First Nation activities, and most crown corporations. These industries employed approximately 10 percent of workers.

The law grants the government exclusive authority to designate which federal employees provide an essential service and do not have the right to strike. The law also makes it illegal for an entire bargaining unit to strike if the government deems 80 percent or more of the employees of the unit essential.

Provincial and territorial governments regulate and are responsible for enforcing their own labor laws in all occupations and workplaces that are not federally regulated, leaving categories of workers excluded from statutory protection of freedom of association in several provinces. Some provinces restrict the right to strike. For example, agricultural workers in Alberta and Ontario do not have the right to organize or bargain collectively under provincial law.

The government generally respected freedom of association and the right of collective bargaining. The government effectively enforced applicable laws and regulations, including with effective remedies and penalties such as corrective workplace practices and criminal prosecution for noncompliance and willful violations. Penalties were sufficient to deter violations. Administrative and judicial procedures were not subject to lengthy delays and appeals.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced the law. The law prescribes penalties for violations of up to 14 years’ imprisonment, or life imprisonment in the case of certain aggravating factors, such as kidnapping or sexual assault. Such penalties were sufficiently stringent. The government investigated and prosecuted cases of forced labor and domestic servitude.

The federal government held employers of foreign workers accountable by verifying employers’ ability to pay wages and provide accommodation and, through periodic inspections and mandatory compliance reviews, ensuring that employers provided the same wages, living conditions, and occupation specified in the employers’ original job offer. The government can deny noncompliant employers the permits required to recruit foreign workers for two years and impose fines of up to C$100,000 ($76,800) per violation of the program. Some provincial governments imposed licensing and registration requirements on recruiters or employers of foreign workers and prohibited the charging of recruitment fees to workers.

There were reports employers subjected noncitizen or foreign-born men and women to forced labor in the agricultural sector, food processing, cleaning services, hospitality, construction industries, and in domestic service. NGOs reported bonded labor, particularly in the construction industry, and domestic servitude constituted the majority of cases of forced labor and that some victims had participated in the Temporary Foreign Worker Program.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. There is no federal minimum age for employment. In federally regulated sectors, children younger than 17 may work only when they are not required to attend school under provincial legislation, provided the work does not fall under excluded categories (such as work underground in a mine, on a vessel, or in the vicinity of explosives), and the work does not endanger health and safety. Children may not work in any federally regulated sector between the hours of 11 p.m. and 6 a.m. The provinces and territories have primary responsibility for regulation of child labor, and minimum age restrictions vary by province. Enforcement occurs through a range of laws covering employment standards, occupational health and safety, education laws, and in regulations for vocational training, child welfare, and licensing of establishments for the sale of alcohol. Most provinces restrict the number of hours of work to two or three hours on a school day and eight hours on a nonschool day, and prohibit children ages 12 to 16 from working without parental consent, after 11 p.m., or in any hazardous employment.

Authorities effectively enforced child labor laws and policies, and federal and provincial labor ministries carried out child labor inspections either proactively or in response to formal complaints. There were reports that limited resources hampered inspection and enforcement efforts. Penalties were pecuniary and varied according to the gravity of the offense.

There were reports child labor occurred, particularly in the agricultural sector. There were also reports children, principally teenage females, were subjected to sex trafficking and commercial sexual exploitation (see section 6, Children).

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit discrimination with respect to employment or occupation on the basis of race, color, sex, religion, national origin or citizenship, disability, sexual orientation or gender identity, age, language, HIV-positive status, or other communicable diseases. Some provinces, including Quebec, New Brunswick, and Newfoundland and Labrador, as well as the Northwest Territories, prohibit employment discrimination on the grounds of social origin, “social condition,” or political opinion. The government enforced the law effectively, and penalties were sufficient to deter violations. Federal law requires, on a complaint basis, equal pay for equal work for four designated groups in federally regulated industries enforced through the Canadian Human Rights Commission: women, persons with disabilities, indigenous persons, and visible minorities. Ontario and Quebec have pay equity laws that cover both the public and private sectors, and other provinces require pay equity only in the public sector.

Authorities encouraged individuals to resolve employment-related discrimination complaints through internal workplace dispute resolution processes as a first recourse, but federal and provincial human rights commissions investigated and mediated complaints and enforced the law and regulations. Some critics complained the process was complex and failed to issue rulings in a timely manner. Foreign migrant workers have the same labor rights as citizens and permanent residents, although NGOs alleged discrimination occurred against migrant workers and that some refugee claimants faced language and other nonlegal barriers that made it difficult to enter the workforce.

e. Acceptable Conditions of Work

There is no national minimum wage and no official poverty income level. As of October provincial and territorial minimum wage rates ranged from C$14.00 to C$11.06 ($10.75 to $8.50) per hour. Some provinces exempt agricultural, hospitality, and other specific categories of workers from minimum wage rates. For example, Ontario has a minimum wage lower than the respective minimum for adult workers for persons younger than 18 who work less than 28 hours per week when school is in session. The government effectively enforced wage rates and penalties were sufficient to deter violations.

Standard work hours vary by province, but in each the limit is 40 or 48 hours per week, with at least 24 hours of rest. The law requires payment of a premium for work above the standard workweek. There is no specific prohibition on excessive compulsory overtime, which is regulated by means of the required rest periods in the labor code that differ by industry. Some categories of workers have specific employment rights that differ from the standard, including commercial fishermen, oil-field workers, loggers, home caregivers, professionals, managers, and some sales staff.

Federal law provides safety and health standards for employees under federal jurisdiction. Provincial and territorial legislation provides for all other employees, including foreign and migrant workers. Standards were current and appropriate for the industries they covered. Responsibility for identifying unsafe situations resides with authorities, employers, and supervisors, not the worker. Federal, provincial, and territorial laws protect the right of workers with “reasonable cause” to refuse dangerous work and to remove themselves from hazardous work conditions, and authorities effectively enforced this right. The government also promoted safe working practices and provided training, education, and resources through the Canadian Center for Occupational Health and Safety, a federal agency composed of representatives of government, employers, and labor.

Minimum wage, hours of work, and occupational health and safety standards were effectively enforced. Federal and provincial labor departments monitored and effectively enforced labor standards by conducting inspections through scheduled and unscheduled visits, in direct response to reported complaints, and at random. Penalties were pecuniary and varied according to the gravity of the offense. Under the federal labor code, maximum penalties for criminal offenses, including criminal negligence causing death or bodily harm, or willful breach of labor standards in which the person in breach knew that serious injury or death was likely to occur, could include imprisonment. Enforcement measures include a graduated response, with a preference for resolution via voluntary compliance, negotiation, and education; prosecution and fines serve as a last resort. Some trade unions continued to note that limited resources hampered the government’s inspection and enforcement efforts.

NGOs reported migrants, new immigrants, young workers, and the unskilled were vulnerable to violations of the law on minimum wage, overtime pay, unpaid wages, and excessive hours of work. NGOs also alleged that restrictions on the types of labor complaints accepted for investigation and delays in processing cases discouraged the filing of complaints.

According to the Association of Workers Compensation Boards of Canada, during 2016, the most recent year for which data were available, there were 904 workplace fatalities.

Germany

Executive Summary

Germany is a constitutional democracy. Citizens choose their representatives periodically in free and fair multiparty elections. The lower chamber of the federal parliament (Bundestag) elects the head of the federal government, the chancellor. The second legislative chamber, the Federal Council (Bundesrat), represents the 16 states at the federal level and is composed of members of the state governments. The country’s 16 states exercise considerable autonomy, including over law enforcement and education. Observers considered the national elections for the Bundestag in September 2017 to have been free and fair.

Civilian authorities maintained effective control over security forces.

Human rights issues included refoulement of those with pending asylum applications; crimes involving violence motivated by anti-Semitism; and crimes involving violence targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons and members of other minority groups.

The government took steps to investigate, prosecute, and punish officials in the security services and elsewhere in government who committed human rights abuses.

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

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

The constitution and the law prohibit such practices, but there were a few reports that government officials employed them. According to some human rights groups, authorities did not effectively investigate allegations of mistreatment by police and failed to establish an independent mechanism to investigate such allegations. According to a July study by the University of Bochum, in 2016, authorities investigated 2,838 cases for excessive use of force by police officers. Investigations were discontinued in 90 percent of the cases, and officers were formally charged in approximately 2 percent of the cases.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: In September, Ahmed A., a 26 year-old Syrian national, died after suffering burns from a fire in his prison cell. In July when he was arrested in Kleve, North Rhine-Westphalia (NRW), Kleve authorities failed to verify Ahmed A.’s place of birth or fingerprints and mistakenly identified him as a match for several warrants issued for a different individual. Kleve authorities initially characterized the fire as a suicide attempt, and Kleve’s public prosecutor opened an investigation into the case. In November, NRW Minister of Justice Peter Biesenbach presented an interim report on the investigation. The report stated the prisoner had a lighter in his cell and likely caused the fire himself. Prison guards ignored a distress signal, however, and only activated the fire alarm four minutes later. The minister of justice proposed measures to prevent similar mistakes in the future, including improving fire safety in cells, better communication between detention rooms and prison staff, measures to detect mental illnesses among inmates, and enhancing identity verification of inmates. In November the state parliament set up a parliamentary investigatory committee into the incident. Herbert Reul, North Rhine-Westphalia’s interior minister, publicly admitted procedural mistakes in the case and asked the victim’s family for forgiveness.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. The law bans Nazi propaganda, Holocaust denial, and fomenting racial hatred.

Freedom of Expression: While the government generally respected these rights, it imposed limits on groups it deemed extremist. The government arrested, tried, convicted, and imprisoned a number of individuals for speech that incited racial hatred, endorsed Nazism, or denied the Holocaust (see also section 6, Anti-Semitism).

Press and Media Freedom: Independent media were active and expressed a wide variety of views with few restrictions. The limitations on press freedom are similar to those on expression.

Authorities banned 72 CDs, five books, and 26 journal articles for right-wing extremist, anti-Semitic, or racist content in 2017.

In January the Bild daily newspaper defied a Frankfurt court order and published an uncensored picture of an alleged looter during the 2017 G20 Summit in Hamburg. The court had ruled in July 2017 that Bild had either to stop publishing or to censor pictures of the individual Bild photographed stealing items, and the court upheld this ruling in December 2017. Bild argued that the “mission of the press” was to depict crimes committed at major events. In May a Frankfurt court ordered Bild to pay a 50,000 euro ($57,500) fine for defying the court order.

Violence and Harassment: In August representatives of the anti-Islam Patriotic Europeans Against the Islamization of the Occident (PEGIDA) movement and the AfD party protested Chancellor Angela Merkel’s visit to Dresden (Saxony). During the demonstration a demonstrator (an off-duty police employee) claimed that privacy laws prohibited a camera team covering the demonstration from filming him, and he filed a complaint with police on the spot. Despite an exception to the privacy law allowing for coverage of public demonstrations, police held the journalists for 45 minutes, reportedly to verify their identities. The journalists stated that police hindered their coverage of the event. The complaint remained under investigation at year’s end. While Saxony’s minister-president denied any wrongdoing by police, Chancellor Merkel issued a statement in support of press freedom and noted that demonstrators should expect that they may be filmed.

Actions to Expand Freedom of Expression, Including for the Media: In August the Entertainment Software Self-Regulation Body introduced new regulations for video games permitting Nazi-related symbols such as swastikas to be displayed if they serve a teaching or artistic purpose, or cover current affairs or history.

On January 1, the repeal of the law protecting heads of state and foreign government institutions from public insults entered into force.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, with one notable exception, and there were no credible reports that the government monitored private online communications without appropriate legal authority. The law permits the government to take down websites that belong to banned organizations or include speech that incites racial hatred, endorses Nazism, or denies the Holocaust. Authorities worked directly with internet service providers and online media companies to monitor and remove such content. As of July authorities monitored several hundred websites and social media accounts associated with right-wing extremists.

On January 1, legislation to combat hate speech on social networking sites went into effect. Social media companies are responsible for identifying hate speech and deleting content, and the law imposes short deadlines and financial penalties for noncompliance. Journalists and press organizations, as well as digital policy groups, voiced concerns that social media companies seeking to comply with the law may delete more content than necessary or install filters to block problematic content, and asserted this would result in a broad and chilling effect on freedom of speech. On January 23, the Committee to Protect Journalists reported that, to avoid legal entanglement, Twitter suspended the account of the online magazine Titanic when it posted a satirical parody of AfD politician Beatrix von Storch’s anti-Muslim statement. The German Association of Journalists criticized the suspension, stating it was censorship and limited the freedom of the press. In June the Ministry of Justice stated that it had received 400 complaints about hate speech on social media, far below the 25,000 complaints it anticipated receiving after the law went into effect. Critics argued these statistics were evidence that social media companies were aggressively blocking content. In June, two politicians from the FDP complained in Cologne’s administrative court that the law violates their freedom of communication.

In February the higher state court of Baden-Wuerttemberg sentenced a man to two and a half years in prison for operating the neo-Nazi website “Altermedia” under statutes criminalizing hate speech. The website, which the interior ministry removed in 2016, served as a platform for right-wing extremist networks and carried speech promoting Holocaust denial, as well as promoting hatred of foreigners, refugees, and Jews.

According to International Telecommunication Union statistics, 84 percent of the country’s population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were some government restrictions on academic freedom and cultural events supporting extreme right-wing neo-Nazism.

b. Freedom of Peaceful Assembly and Association

While the constitution provides for the freedoms of peaceful assembly and association, the government restricted these freedoms in some instances.

FREEDOM OF PEACEFUL ASSEMBLY

While the constitution provides for the freedom of peaceful assembly, the government restricted this freedom in some instances. Groups seeking to hold open-air public rallies and marches must obtain permits, and state and local officials may deny permits when public safety concerns arise or when the applicant is from a prohibited organization, mainly right-wing extremist groups. In rare instances during the year, authorities denied such applications to assemble publicly. Authorities allowed several nonprohibited, right-wing extremist, or neo-Nazi groups to hold public rallies or marches when they did so in accordance with the law.

It is illegal to block officially registered demonstrations. Many anti-Nazi activists refused to accept such restrictions and attempted to block neo-Nazi demonstrations or to hold counterdemonstrations, resulting in clashes between police and anti-Nazi demonstrators. In October the immunity of the Green party Bundestag member Canan Bayran was lifted, and the Berlin police opened an investigation to determine whether she had blocked a demonstration. In February she reportedly blocked an antiabortion rally. The investigation continued at year’s end.

Police detained known or suspected activists when they believed such individuals intended to participate in illegal or unauthorized demonstrations. The length of detention varied from state to state.

Foreign politicians may not hold rallies in Germany if they are election candidates in their country within three months of the proposed rally. In the months preceding the Turkish presidential election in June, local authorities canceled a number of rallies that featured Turkish cabinet ministers or politicians.

FREEDOM OF ASSOCIATION

While the constitution provides for the freedom of association, the government restricted this freedom in some instances. The law permits authorities to prohibit organizations whose activities the Constitutional Court or federal or state governments determine to be opposed to the constitutional democratic order or otherwise illegal. While only the Federal Constitutional Court may prohibit political parties on these grounds, both federal and state governments may prohibit or restrict other organizations, including groups that authorities classify as extremist or criminal in nature. Organizations have the right to appeal such prohibitions or restrictions.

The federal and state OPCs monitored several hundred organizations. Monitoring consisted of collecting information from public sources, written materials, and firsthand accounts but also included intrusive methods, such as the use of undercover agents who were subject to legal oversight. The FOPC and state OPCs published lists of monitored organizations, including left- and right-wing political parties. Although the law stipulates that surveillance must not interfere with an organization’s activities, representatives of some monitored groups, such as Scientologists, complained that the publication of the organizations’ names contributed to prejudice against them.

The FOPC monitored approximately 16,500 so called Reichsbuerger (“citizens of the empire”) and Selbstverwalter (self-administrators), a significant increase from the 10,000 monitored in 2016. These individuals denied the existence of the Federal Republic of Germany and rejected its legal system. The FOPC considered the groups to represent a potential threat due to their affinity for weapons and their contempt for national authorities. In 2017 members of Reichsbuerger and Selbstverwalter groups committed 911 politically motivated crimes; of these, authorities categorized 783 crimes as extremist and 130 as violent.

c. Freedom of Religion

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

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

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation; the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Authorities in various states continued to detain for up to 18 months some asylum seekers whose applications were rejected pending their deportation. Courts permit authorities also to deport rejected asylum seekers without advance notification. Authorities could only detain asylum seekers, refugees, and migrants awaiting deportation to a country within the EU under the Dublin III regulation if there was evidence they posed a flight risk. In March authorities were holding 82 rejected asylum seekers pending deportation.

The government deported asylum seekers while their applications were pending review. One Uighur had an asylum hearing scheduled for the day he was returned to China, but state-level officials stated they did not receive a notification fax from the Federal Office for Migration and Refugees (BAMF) (see below, Refoulement). On August 13-15, the Council of Europe’s Committee to Prevent Torture monitored treatment of unsuccessful asylum seekers during a charter flight returning them to Afghanistan.

Assaults on refugees, asylum seekers, and migrants; and attacks on government-provided asylum homes continued during the first half of the year. In February a man stabbed three refugees in the city of Heilbronn, Baden-Wuerttemberg. The attack severely injured a 25-year-old Iraqi man, and the other two men sustained minor injuries. In June prosecutors charged the suspect with attempted murder.

In-country Movement: Authorities issued three types of travel documents to stateless individuals, those with refugee and asylum status, and foreigners without travel documents. Stateless individuals received a “travel document for the stateless.” Those with recognized refugee and asylum status received a “travel document for refugees.” Foreigners from non-EU countries received a “travel document for foreigners” if they did not have a passport or identity document and could not obtain a passport from their country of origin.

Several states had an assigned residence rule requiring refugees with recognized asylum status to live within a specific city for a period of three years. As of April the states of Bavaria, Baden-Wuerttemberg, Hesse, North Rhine-Westphalia, Saarland, Saxony, and Saxony-Anhalt implemented the residence rule. Local authorities who supported the rule stated it facilitated integration and enabled authorities to plan for increased infrastructure needs, such as schools. In September the administrative court in Muenster, North Rhine-Westphalia, ruled that, while North Rhine-Westphalia could require those with recognized refugee status to live within the state, it could not require them to live in a specific city.

PROTECTION OF REFUGEES

Refoulement: In August, Bavarian authorities deported a 22-year-old Uighur man to China (see above Abuse of Refugees, Migrants, and Stateless Persons) prior to his asylum hearing. The asylum seeker’s lawyer was unable to establish contact with his client following his deportation and feared that Chinese authorities had detained him. In December the Ministry of Foreign Affairs confirmed the Uighur man had been arrested in China, and that they were working to have him returned to Germany.

In June the government lifted its deportation ban for Afghanistan, and three states began deportations to that country. Previous federal policy only permitted deportations of convicted criminals and those deemed a security risk. In August, 700 demonstrators in Munich protested the policy change. NGOs including Amnesty International criticized the policy as a breach of the principle of refoulement.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The country faced the task of integrating approximately 1.3 million asylum seekers, refugees, and migrants who arrived between 2015 and 2017 as well as an additional 110,324 who requested asylum during the first six months of the year. The heavy influx of asylum seekers, refugees, and migrants taxed the country’s infrastructure and resources.

The NGO Pro Asyl criticized the “airport procedure” for asylum seekers who arrive at the country’s airports. Authorities stated the airport procedure was used only in less complex cases, and that more complex asylum cases were referred for processing through regular BAMF channels. Authorities maintained that only persons coming from countries that the government identified as “safe”–the member states of the European Union, as well as Albania, Bosnia and Herzegovina, Ghana, Kosovo, Macedonia, Montenegro, Senegal, and Serbia–and those without valid identification documents could be considered via the “fast track procedure.” The “fast track procedure” enabled BAMF to decide on asylum applications within a two-day period, during which asylum applicants were detained at the airport. If authorities denied the application, the applicant had the right to appeal. Appeals were processed within two weeks, during which the applicant was detained at the airport. If the appeal was denied, authorities deported the applicant. The NGO Fluechtlingsrat Berlin criticized a similar “fast track” or “direct” procedure applied to some asylum seekers in Berlin. The organization claimed asylum applicants were not provided with sufficient time and access to legal counsel.

In April, BAMF suspended the head of its Bremen branch amid allegations the official improperly approved up to 2,000 asylum applications. According to media reports, the official colluded with three lawyers and a translator between 2013 and 2017 to divert Yazidi applicants to Bremen. In May the Chief Public Prosecutor in Nuremberg announced an investigation of BAMF President Jutta Cordt for failing to prevent the practices in Bremen. The Federal Court of Auditors is currently auditing BAMF, and the allegations prompted a large-scale internal BAMF review of 2018 asylum cases.

In August the government resumed issuance of family reunification visas for those with subsidiary protection, a measure suspended in late 2016. The government is authorized to approve reunification visas for up to 1,000 family members per month–defined as spouses, minor children, or parents–of individuals who have subsidiary protection.

In February a Yazidi woman with refugee status living in Schwaebisch Gmuend (Baden-Wuerttemberg) reportedly encountered the ISIS member who tortured and raped her in Iraq in 2014. The case raised concerns about the government’s ability to protect refugees and screen migrants for ties to ISIS and other terror groups. The woman reported the case to the police, who opened an investigation. Police stated, however, that they were unable to locate the perpetrator, who was not registered as a refugee or resident in Baden-Wuerttemberg. The woman reported she felt unsafe, and she returned to Iraq. In June the federal attorney general’s office in Karlsruhe opened an investigation in the case, which continued at year’s end. The Baden-Wuerttemberg interior ministry’s spokesperson reported there were seven reports of Yazidi women encountering their attackers in Germany, one of which was found to be unsubstantiated.

Safe Country of Origin/Transit: The country adheres to the EU’s Dublin III regulation, which permits authorities to turn back or deport individuals who entered the country through the “safe countries of transit,” which include the EU member states, Switzerland, Norway, Iceland, and Liechtenstein. The government did not return asylum seekers to Syria. The government defines “safe countries of origin” to include Albania, Bosnia and Herzegovina, Ghana, Kosovo, Macedonia, Montenegro, Senegal, Serbia, and EU states. The NGO Pro Asyl pointed out that refugees who under the Dublin III regulation fell into another EU state’s responsibility but could not be returned to that country, often remained in a legal grey zone. They were not allowed to work or participate in integration measures including German language classes.

Employment: Persons with recognized asylum status were able to access the labor market without restriction; asylum seekers whose applications were pending were generally not allowed to work during their first three months after applying for asylum. According to the Federal Employment Agency, approximately 482,000 refugees were unemployed as of July. Refugees and asylum seekers faced several hurdles in obtaining employment, including lengthy review times for previous qualifications, lack of official certificates and degrees, and limited German language skills.

The law excludes asylum seekers from countries considered “safe countries of origin” and unsuccessful asylum seekers who cannot be returned to the country through which they first entered the area covered by the Dublin III regulation from certain refugee integration measures, such as language courses and access to employment opportunities. The government did not permit asylum seekers and persons with a protected status from “safe countries of origin” to work if they applied for asylum after August 2015.

Access to Basic Services: State officials retain decision-making authority on how to house asylum seekers, refugees, and migrants, and whether to provide allowances or other benefits.

Pro Asyl criticized a refugee center in Manching, Bavaria, that was converted into a “transit center” in May. The center housed more than 1,000 refugees and could process asylum applicants in one location from start to finish. Critics claimed the center’s isolated location in an industrial area and a policy that did not allow NGOs to access the center made it difficult for refugees to seek legal counsel and enroll in education and language programs.

Several states, including Berlin, Brandenburg Bremen, Hamburg, Schleswig-Holstein, and Thuringia, provided medical insurance cards for asylum seekers. The insurance cards allow asylum seekers to visit any doctor of their choice without prior approval by authorities. In other states asylum seekers received a card only after 15 months, and community authorities had to grant permits to asylum seekers before they could consult a doctor. The welfare organization Diakonie, however, criticized the medical insurance card system, which only enabled asylum seekers to access emergency treatment. Local communities and private groups sometimes provided supplemental health care.

Durable Solutions: The government accepted for resettlement and facilitated the local integration (including naturalization) of refugees who had already fled their countries of origin, particularly for refugees belonging to vulnerable groups. Such groups included women with children, refugees with disabilities, victims of trafficking in persons, and victims of torture or rape. Authorities granted residence permits to long-term migrants, asylum seekers, refugees, and migrants who could not return to their countries of origin.

The government assisted with the safe and voluntary return to their homes of asylum seekers, refugees, and migrants. In the first half of the year, authorities provided financial assistance to 1,500 individuals to facilitate voluntary returns to their country of origin. Beneficiaries were either rejected asylum seekers or foreigners without valid identification. The number of voluntary return beneficiaries decreased during the year, which BAMF attributed to the overall decrease in asylum seekers in the country.

The government also offered a return bonus of 800 to 1,200 euros ($920 to $1,380) per person to asylum seekers whose applications are pending but who are unlikely to have their applications approved. Among others, refugees from Iraq and Afghanistan extensively used the program.

Temporary Protection: The government provides two forms of temporary protection–subsidiary and humanitarian–for individuals who may not qualify as refugees. In the first six months of the year, the government extended subsidiary protection to 15,542 persons. This status is usually granted if a person does not qualify for refugee or asylum status but might face severe danger in his or her country of origin due to war or conflict. During the same period, 6,639 individuals were granted humanitarian protection. Humanitarian protection is granted if a person does not qualify for any form of protected status, but there are other humanitarian reasons the person cannot return to his or her country of origin (for example, unavailability of medical treatment in their country of origin for a health condition). Both forms of temporary protection are granted for one year and may be extended. After five years a person under subsidiary or humanitarian protection can apply for an unlimited residency status if he or she earns enough money to be independent of public assistance and has a good command of German.

STATELESS PERSONS

UNHCR reported 13,458 stateless persons in the country at the end of 2017. Some of these persons lost their previous citizenship when the Soviet Union collapsed or Yugoslavia disintegrated. Others were Palestinians from Lebanon and Syria whom the government registered as stateless.

Laws and policies provide stateless persons the opportunity to gain citizenship on a nondiscriminatory basis. Stateless persons may apply for citizenship after six years of residence. Producing sufficient evidence to establish statelessness could often be difficult, however, because the burden of proof is on the applicant. Authorities generally protected stateless persons from deportation to their country of origin or usual residence if they faced a threat of political persecution there.

Section 3. Freedom to Participate in the Political Process

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

Elections and Political Participation

Recent Elections: The Organization for Security and Cooperation in Europe and 45 parliamentarians from 25 countries observed the country’s federal elections in September 2017 and considered them well run, free, and fair.

Political Parties and Political Participation: Political parties generally operated without restriction or outside interference unless authorities deemed them a threat to the federal constitution. When federal authorities perceive such a threat, they may petition the Federal Constitutional Court to ban the party. The court banned two parties in the 1950s.

Under the law each political party receives federal public funding commensurate with the party’s election results in state, national, and European elections. Under the constitution, however, extremist parties who seek to undermine the constitution are not eligible for public funding. In April the Bundestag filed a request with the Federal Constitutional Court to determine if the right-wing extremist NPD is considered to be undermining the constitution and whether it is eligible for public funding.

In February the Lower Saxony parliament excluded the AfD party from the board of Lower Saxony’s Holocaust Memorial Site Foundation. The law reduced the number of board members to four, leaving the AfD without a member as the fifth largest caucus after the SPD, the Christian Democratic Union (CDU), the Greens, and the FDP. The foundation oversees the concentration camp memorial site Bergen-Belsen. Holocaust survivors wrote an open letter worrying the AfD might trivialize the Nazi crimes. On July 30, the AfD challenged the constitutionality of the new law in Lower Saxony’s State Constitutional Court.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution, federal legislation, and government regulations provide for the right of employees to form and join independent unions, bargain collectively, and conduct legal strikes. Wildcat strikes are not allowed. The law prohibits antiunion discrimination and offers legal remedies to claim damages, including the reinstatement of unlawfully dismissed workers.

Some laws and regulations limit these labor rights. While civil servants are free to form or join unions, their wages and working conditions are determined by legislation, not by collective bargaining. All civil servants (including some teachers, postal workers, railroad employees, and police) and members of the armed forces are prohibited from striking. In June the Federal Constitutional Court upheld the prohibition on civil servants’ right to strike, rejecting a motion from four teachers seeking permission to strike. The court also held that the prohibition is consistent with the European Convention on Human Rights.

Employers are generally free to decide whether to be a party to a collective bargaining agreement. Even if they decide not to be a party, companies must apply the provisions of a collective agreement if the Ministry of Labor and Social Affairs declares a collective bargaining agreement generally binding. Employers not legally bound by collective bargaining agreements often used them to determine part or all of their employees’ employment conditions. Employers may contest in court a strike’s proportionality and a trade union’s right to take strike actions. The law does not establish clear criteria on strikes, and courts often rely on case law and precedent.

The government enforced applicable laws effectively. Actions and measures by employers to limit or violate freedom of association and the right to collective bargaining are considered unlawful and lead to fines. Penalties were adequate and remediation efforts were sufficient.

Laws regulate cooperation between management and work councils, including the right of the workers to information about company operations that could affect them. Work councils are independent from labor unions but often have close ties to the sector’s labor movement. The penalty for employers who interfere in work councils’ elections and operations is up to one year in prison or a fine. Findings from 2017 showed that a considerable number of employers interfered with the election of work council members or tried to deter employees from organizing new work councils. This led to calls by labor unions to strengthen legislation that shields employees seeking to exercise their rights under the law.

In response to a parliamentary inquiry submitted in February, North Rhine-Westphalia’s justice ministry disclosed that in 2017 it responded to 47 complaints on the obstruction of work councils. No wrongdoing was found in 38 cases, eight investigations were pending, and one case resulted in an indictment.

b. Prohibition of Forced or Compulsory Labor

The constitution and federal law prohibit all forms of forced or compulsory labor. Penalties for forced labor range from six months to 10 years in prison and were generally sufficient to deter violations.

The government effectively enforced the law when they found violations, but NGOs questioned the adequacy of resources to investigate and prosecute the crime. Some traffickers received suspended sentences, consistent with the country’s sentencing practices for most types of crime.

There were reports of forced labor involving adults, mainly in construction and the food service industry. There were also reported cases in domestic households and industrial plants. In 2017 police completed 11 labor-trafficking investigations that identified 180 victims, mostly from Macedonia (29 percent) Romania (22 percent), and Latvia (22 percent). The nationality of 39 victims (22 percent) was unknown.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor and provides for a minimum age of employment, including limitations on working hours and occupational safety and health restrictions for children. The law prohibits the employment of children younger than 15 with a few exceptions: Children who are 13 or 14 may perform work on a family-run farm for up to three hours per day or perform services such as delivering newspapers, babysitting, and dog walking for up to two hours per day, if authorized by their custodial parent. Children between the ages of 13 and 15 may not work during school hours, before 8 a.m. or after 6 p.m.; or on Saturdays, Sundays, or public holidays. The type of work must not pose any risk to the security, health, or development of the child and must not prevent the child from obtaining schooling and training. Children are not allowed to work with hazardous materials, carry or handle items weighing more than 22 pounds, perform work requiring an unsuitable posture, or engage in work that exposes them to the risk of an accident. Children between the ages of three and 14 may take part in cultural performances, but there are strict limits on the kind of activity, number of hours, and time of day.

The government effectively enforced the applicable laws and penalties were generally sufficient to deter violations. Isolated cases of child labor occurred in small, family-owned businesses, such as cafes, restaurants, family farms, and grocery stores. Inspections by the regional inspection agencies and the resources and remediation available to them were adequate to ensure broad compliance.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in all areas of occupation and employment, from recruitment, self-employment, and promotion to career advancement. Although origin and citizenship are not explicitly listed as grounds of discrimination in the law, victims of such discrimination have other means to assert legal claims. The law obliges employers to protect employees from discrimination at work.

The government effectively enforced these laws and regulations during the year. Employees who believe they are victims of discrimination have a right to file an official complaint and to have the complaint heard. If an employer remains inactive or fails to protect the employee effectively, employees may remove themselves from places and situations of discrimination without losing employment or pay. In cases of violations of the law, victims of discrimination are entitled to injunctions, removal, and material or nonmaterial damages set by court decision. Penalties were sufficient to deter violations.

In 2017 FADA’s quadrennial report found serious discrimination risks at the country’s employment agencies. For example, staff at government-run local employment agencies discriminated against single parents or persons with disabilities, in some instances, leading to missed opportunities for job seekers. FADA highlighted that applicants of foreign descent and with foreign names faced discrimination even when they had similar or better qualifications than others. FADA stated the majority of complaints concerned the private sector, where barriers for persons with disabilities persisted.

In 2017, three female teachers in Berlin filed separate lawsuits against schools after not being hired, accusing the schools of having rejected them because they wore headscarves. The schools invoked the neutrality act that prohibits teachers from wearing religious symbols at work. In February, one defendant received 8,680 euros ($9,980) after the Berlin labor court concluded the school violated equal opportunity laws. In May the same court found against the second teacher, ruling that the state administration had the right to transfer its teachers to any other post of the same salary level. In July the Berlin labor court decided in favor of the third complainant, ordering compensation of approximately 7,000 euros ($8,050).

In November the State Labor Court of Berlin and Brandenburg awarded approximately 5,000 euros ($5,750) in compensation to a job applicant for discrimination on the grounds of religion. The job applicant, a trained information technology (IT) expert, claimed that her job application to work as a teacher was denied because she wore a headscarf. The trained IT expert had applied for a post as a teacher. In May the local labor court had ruled that because teachers served as a model for young students, the school was justified in limiting her religious freedom and asking her to teach without her headscarf. The state court saw no indication that the teacher wearing a headscarf would have threatened “school peace,” quoting the Federal Constitutional Court’s 2015 decision that this was a necessary condition for prohibiting teacher’s from wearing headscarves.

The law provides for equal pay for equal work. In March the Federal Statistical Office found the gross hourly wages of women in 2017–16.56 euros ($19.04)–were on average 21 percent lower than those of men, which were 21 euros ($24). It blamed pay differences in sectors and occupations in which women and men were employed, as well as unequal requirements for leadership experience and other qualifications as the principal reasons for the pay gap. Women were underrepresented in highly paid managerial positions and overrepresented in some lower-wage occupations (see section 7.d.). FADA reported women were at a disadvantage regarding promotions, often due to career interruptions for child rearing.

The law imposes a gender quota of 30 percent for supervisory boards of certain publicly traded corporations. It also requires approximately 3,500 companies to set and publish self-determined targets for increasing the share of women in leading positions (executive boards and management) by 2017 and to report on their performance. Consequently, the share of women on supervisory boards of those companies bound by the law increased from approximately 20 percent in 2015 to 30 percent in 2017. Meanwhile, the representation of women on management boards in the top 200 companies remained at 8 percent.

There were also reports of employment discrimination against persons with disabilities. The unemployment rate among persons with disabilities decreased to 11.4 percent in 2017, remaining considerably higher than that of the general population (on average 5.7 percent for 2017). Employers with 20 or more employees must hire persons with more significant disabilities to fill at least 5 percent of all positions; companies with 20 to 40 employees must fill one position with a person with disabilities, and companies with 40 to 60 employees must fill two positions. Each year companies file a mandatory form with the employment office verifying whether they meet the quota for employing persons with disabilities. Companies that fail to meet these quotas pay a monthly fine for each required position not filled by a person with disabilities. In 2017 more than 123,000 employers did not employ enough persons with disabilities and paid fines.

The law provides for equal treatment of foreign workers, although foreign workers faced some wage discrimination. For example, employers, particularly in the construction sector, sometimes paid lower wages to seasonal workers from Eastern Europe.

e. Acceptable Conditions of Work

The nationwide statutory minimum wage is 8.84 euros ($10.17) per hour, which represents 47 percent of the median hourly wage for full-time employees in the country, hence below the internationally defined “at-risk-of poverty threshold,” which is two-thirds of the national median wage. The minimum wage does not apply to persons under 18, long-term unemployed persons during their first six months in a new job, or apprentices undergoing vocational training, regardless of age. Sectors setting their own higher minimum wages through collective bargaining, included construction, the electrical trades, painting, scaffolding, roofing, financial services, forestry and gardening, stonemasonry and chimney sweeping, cleaning services, nursing care, meat processing, the vocational training industry, special mining services, and temporary employment agencies.

The government effectively enforced the laws and monitored the compliance with the statutory and sector-wide minimum wages and hours of work through the Customs Office’s Financial Control Illicit Work Unit (FKS). The FKS conducted checks on 52,000 companies in 2017 and initiated 5,442 criminal proceedings. Employees may sue companies if employers fail to comply with the Minimum Wage Act, and courts may sentence employers who violate the provisions to pay a substantial fine.

Federal regulations set the standard workday at eight hours, with a maximum of 10 hours, and limit the average workweek to 48 hours. For the 78 percent of employees who are directly or indirectly affected by collective bargaining agreements, the average agreed working week under current agreements is 37.7 hours. According to the Federal Statistical Office, the actual average workweek of full-time employees was 41.7 hours in 2016. The law requires a break after no more than six hours of work, stipulates regular breaks totaling at least 30 minutes, and sets a minimum of 24 days of paid annual leave in addition to official holidays. Provisions for overtime, holiday, and weekend pay varied, depending upon the applicable collective bargaining agreement. Such agreements or individual contracts prohibited excessive compulsory overtime and protected workers against arbitrary employer requests.

Extensive laws and regulations govern occupational safety and health. A comprehensive system of worker insurance carriers enforced safety requirements in the workplace.

The Federal Ministry of Labor and Social Affairs and its state-level counterparts monitored and enforced occupational safety and health standards through a network of government bodies, including the Federal Agency for Occupational Safety and Health. At the local level, professional and trade associations–self-governing public corporations with delegates representing both employers and unions–as well as work councils oversaw worker safety. The number of inspectors was sufficient to ensure compliance.

While the number of work accidents continued to decline among full-time employees, workplace fatalities increased to 451 in 2017, up from 425 in 2016. Most accidents occurred in the construction, transportation, postal logistics, wood, and metalworking industries.

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