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Cameroon

Executive Summary

Cameroon is a republic dominated by a strong presidency. The president retains the power over the legislative and judicial branches of government. In October 2018 Paul Biya was reelected president in an election marked by irregularities. He has served as president since 1982. His political party–the Cameroon People’s Democratic Movement (CPDM)–has remained in power since its creation in 1985. New legislative and municipal elections are scheduled to take place in February 2020. Regional elections were also expected during the year, but as of late November, the president had not scheduled them.

The national police and the national gendarmerie have primary responsibility over law enforcement and maintenance of order within the country and report, respectively, to the General Delegation of National Security and to the Secretariat of State for Defense in charge of the Gendarmerie. The army is responsible for external security but also has some domestic security responsibilities and reports to the Ministry of Defense. The Rapid Intervention Battalion (BIR) reports directly to the president. Civilian authorities at times did not maintain effective control over the security forces.

Maurice Kamto, leader of the Cameroon Renaissance Movement (CRM) party and distant runner-up in the October 2018 presidential elections, challenged the election results, claiming he won. On January 26, when Kamto and his followers demonstrated peacefully, authorities arrested him and hundreds of his followers. A crisis in the Anglophone Northwest and Southwest Regions that erupted in 2016 has led to more than 2,000 persons killed, more than 44,000 refugees in Nigeria, and more than 500,000 internally displaced persons. A five-day national dialogue to address the crisis took place from September 30 to October 4, producing a number of recommendations, including some new ones. Anglophone separatists in the Northwest and Southwest Regions as well as in the diaspora shunned the meeting. On October 3, President Biya announced the pardoning of 333 lower-level Anglophone detainees, and on October 5, the Military Tribunal ordered the release of Kamto and hundreds of his associates.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings, by security forces, armed Anglophone separatists, and Boko Haram and ISIS-West Africa (ISIS-WA) fighters; forced disappearances by security forces; torture by security forces and nonstate armed groups; arbitrary detention by security forces and nonstate armed groups; harsh and life-threatening prison conditions; political prisoners; significant problems with the independence of the judiciary; the worst forms of restrictions on freedom of expression, the press, and the internet, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, and abuse of criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association; restrictions on political participation; crimes involving violence against women, in part due to government inaction; violence targeting lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons; criminalization of consensual same-sex relations; and child labor, including forced child labor.

Although the government took some steps to identify, investigate, prosecute, and punish officials who committed human rights abuses, it did not do so systematically and rarely made the proceedings public. Some offenders, including serial offenders, continued to act with impunity.

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 often restricted this right, explicitly or implicitly.

Freedom of Expression: Government officials penalized individuals or organizations that criticized or expressed views at odds with government policy. Individuals who criticized the government publicly or privately frequently faced reprisals. On several occasions, the government invoked laws requiring permits or government notification of public protests to stifle discourse. Many civil society and political organizations reported increased difficulty when obtaining approval to organize public gatherings.

In the early hours of February 23, police surrounded CRM headquarters in the Odza neighborhood of Yaounde and the New-Deido in Douala to prevent prospective activists from registering with the party. In other cities, such as Bafoussam and Mbouda in the West Region, security forces disrupted the registration process and arrested CRM activists. In Bafoussam, police seized CRM’s campaign truck and detained it along with its driver. On April 30, Zacheus Bakoma, the divisional officer for Douala 5, ordered a 90-day provisional closure of the Mtieki community hall after the CRM used the hall as a venue for a meeting on April 28.

Press and Media, including Online Media: Independent media were active and expressed diverse views. This landscape, however, included restrictions on editorial independence, in part due to stated security concerns related to the fight against Boko Haram, the Anglophone crisis, and the postelectoral crisis. Journalists reported practicing self-censorship to avoid repercussions for criticizing the government, especially on security matters. According to the 2018 Press Freedom Index by Reporters without Borders, the re-election of President Biya for a seventh term of office was accompanied by multiple instances of intimidation, attacks, and arrests of journalists.

Violence and Harassment: Police, gendarmes, and other government agents arrested, detained, physically attacked, and intimidated journalists for their reporting. Journalists were arrested in connection with their reporting on the Anglophone crisis. According to reports by multiple organizations, including the Committee to Protect Journalists (CPJ), police arrested Pidgin news anchor Samuel Wazizi, who worked for the Buea-based independent station Chillen Muzik and Television. The arrest occurred on August 2 in Buea, Southwest Region. Police initially held Wazizi at the Buea police station and subsequently handed him over to the military, who detained him on August 7 without access to his lawyer or family. As of late November, he was presumed to still be in detention.

Censorship or Content Restrictions: Under a 1990 law, the Ministry of Communication requires editors to submit two signed copies of their newspapers within two hours after publication. Journalists and media outlets reported practicing self-censorship, especially if the National Communication Council (NCC) had suspended them previously. In February the NCC issued a press release calling on journalists to be professional in their publications. The release was in reaction to media coverage following the January 26 protests called for by CRM, the arrests of hundreds of activists, including Maurice Kamto, and the ransacking of the Cameroonian embassy in Paris by anti-President Biya protesters. The NCC chairman indicated that the government had informed all professional media about the facts through official procedures and regretted that some press organizations continued to spread opinion contrary to government’s position, thereby maintaining confusion.

At its 23rd ordinary session, the NCC issued warning notices in 21 media regulation cases. The charges stated that the groups engaged in practices contrary to professional ethics, social cohesion, and national integration.

In a July 20 meeting with 100 private media outlet managers, Minister of Communications Rene Sadi chided Cameroon’s private media for abandoning its duty to “inform, educate, and entertain” by publishing articles that “sowed divisiveness and promoted tribalism.” He accused the private press of “playing politics under the influence of journalistic cover.” As of year’s end, no private television or radio station held a valid broadcasting license. Although the few that could afford the licensing fee made good-faith efforts to obtain accreditation, the ministry had not issued or renewed licenses since 2007. The high financial barriers coupled with bureaucratic hurdles rendered Cameroonian private media’s very existence illegal.

Libel/Slander Laws: Press freedom is constrained by libel laws that authorize the government to initiate a criminal suit when the president or other senior government officials are the alleged victims. These laws place the burden of proof on the defendant, and crimes are punishable by prison terms and heavy fines.

National Security: Authorities cited laws against terrorism or protecting national security to arrest or punish critics of the government. During a security meeting in Douala on August 9, Minister of Territorial Administration Paul Atanga Nji called on the representatives of NGOs and media professionals to be responsible, contribute their own quota to nation building, and avoid derogatory language that discredits government actions. Atanga Nji said many media houses in Douala organized weekly debates in order to sabotage government actions and promote secessionist tendencies. He urged private media organizations to exercise responsibility when carrying out their activities, warning them to construct, not destroy, the nation. He called on opposition political parties to respect the law and not to force his hand to suspend them. The minister also warned NGOs to respect the contract they signed with his ministry or be suspended.

Nongovernmental Impact: There were reports that separatist groups in the Southwest and Northwest Regions sought to inhibit freedom of expression, including for the press. In an August 13 online post, Moki Edwin Kindzeka, a Yaounde-based journalist, said it was becoming impossible for journalists to practice their profession, because they faced pressure from both separatist fighters and the government. The article was in reaction to Atanga Nji’s August 9 statements.

b. Freedoms of Peaceful Assembly and Association

The government limited and restricted 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

Although the constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, at times the government restricted these rights. Growing concerns over the entry of armed groups into Cameroon from the Central African Republic (CAR) and the conflict with Boko Haram in the Far North Region appeared to have prompted the government to adopt a more restrictive approach to refugee movement. The government made it more difficult for refugees, asylum seekers, and stateless persons to move freely in the country.

In some instances, the government worked with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations to provide protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern. The government sometimes failed to respect its obligations under relevant international laws. There were instances where it forcibly returned asylum seekers to their countries and did not readily provide humanitarian organizations such as the United Nations access to asylum seekers before refouling them.

In-country Movement: Using minor infractions as a pretext, police and gendarmes at roadblocks and checkpoints in cities and on most highways often extorted bribes and harassed travelers. Police frequently stopped travelers to check identification documents, vehicle registrations, and tax receipts as security and immigration control measures. Unaccompanied women were frequently harassed when traveling alone. Authorities restricted movements of persons and goods, including motorbikes, especially in the Northwest and Southwest Regions, citing security concerns. Armed Anglophone separatists also restricted the movements of persons and goods in the two Anglophone regions, sometimes in a deliberate attempt to harass and intimidate the local population. Humanitarian organizations cited difficulty in accessing certain areas and in some instances were harassed and denied passage by government authorities.

On June 14, Governor Adolphe Lele Lafrique of the Northwest Region lifted the curfew placed in the region since November 2018. The curfew, which lasted eight months, restricted movement of persons and property in the Northwest Region between 9 p.m. and 6 a.m.

f. Protection of Refugees

According to UNHCR and government estimates, the country hosted 403,208 refugees and 9,435 asylum seekers as of September 30. The refugee population included 291,803 CAR nationals, 108,335 Nigerians, and 1,599 Chadians. The remaining refugee population hailed from Rwanda, the Democratic Republic of Congo, Sudan, Cote d’Ivoire, Burundi, and the Republic of Congo.

In principle, Cameroon operates an open-door policy and has ratified the major legal instruments for refugee protection, including the 1951 Refugee Convention. These commitments were not translated into a progressive legal framework allowing refugees their rights as stated in various legal instruments.

Abuse of Migrants, Refugees, and Stateless Persons: The government cited other concerns, including security and suspicion of criminal activity, to justify arbitrary arrests and detention of refugees and asylum seekers. The government at times cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Refoulement: The government stated there was no official policy of forcibly repatriating refugees. On January 16, however, Cameroon forcefully returned 267 Nigerian refugees fleeing Boko Haram to northeast Nigeria. In a February 27 statement, Medicins Sans Frontieres stated Cameroonian and Nigerian authorities ordered 40,000 refugees in Cameroon to return to northeast Nigeria and expressed concern over their possible fate due to continuing insecurity in Rann and a lack of humanitarian assistance. Tens of thousands of persons had fled the town of Rann in northeast Nigeria to Cameroon after a January attack by Islamist insurgents. In 2018 UNHCR and NGOs also reported cases of forced returns of asylum seekers, mostly of Nigerians. According to HRW, in 2017 more than 4,400 asylum-seeking Nigerians were forcibly returned to Nigeria. UNHCR reported that 1,300 were forcibly returned in 2018 and an estimated 600 in 2019. In February an estimated 40,000 Nigerian refugees who had fled to Cameroon in the wake of armed attacks were soon after returned to Nigeria, after Nigerian government officials advised that conditions were safe for their return. Humanitarian organizations, however, stated the conditions were unsafe for return and that the area was largely inaccessible to relief agencies.

Access to Asylum: The laws provide for granting asylum or refugee status, and the government has established a system of providing protection to refugees, but the implementation of this system is less likely. UNHCR continued to provide documentation and assistance to the refugee population. Nevertheless, local authorities did not always recognize these documents as official, which prevented refugees from travelling and engaging in business activities. UNHCR and the government continued to conduct biometric verification and registration of refugees in the Far North Region, including of those not living in a refugee camp.

Access to Basic Services: Refugees had limited access to health care, education, and employment opportunities. Their rural host communities faced similar challenges, but the situation was somewhat worse for refugees. Access to these services varied according to the location of the refugees, with those in camps receiving support through humanitarian assistance, while refugees living in host communities faced difficulty receiving services.

Durable Solutions: UNHCR and the governments of Cameroon and Nigeria started the voluntary repatriation of Nigerian refugees in Cameroon as agreed upon under the 2017 tripartite agreement. The first phase of the voluntary repatriation exercise was conducted on August 22, and involved 133 Nigerian refugees, who departed Maroua for Yola in Nigeria’s Adamawa State, using a Nigerian Air Force plane.

In June 2018 UNHCR carried out return intention surveys using a sample of 4,000 CAR refugees that indicated that approximately one quarter of those surveyed would be interested in going back home, while three quarters would prefer local integration as a durable solution. As of year’s end, UNHCR had assisted more than 2,000 CAR refugees who elected to voluntary return to their areas of origin.

Temporary Protection: The government provided temporary, unofficial protection to individuals who may not qualify as refugees, extending this protection to hundreds of individuals during the year, including third-country nationals who had fled violence in CAR. Due to their unofficial status and inability to access services or support, many of these individuals were subject to harassment and other abuses.

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. The penal code identifies different offenses as corruption, including influence peddling, involvement in a prohibited employment, and nondeclaration of conflict of interest. Reporting of corruption was encouraged through exempting whistleblowers from criminal proceedings. Corruption in official examinations is punishable by up to five years’ imprisonment, fines up to two million CFA francs ($3,400), or both. There were reports that senior officials sentenced to prison were not required to forfeit ill-gotten gains.

In 2018 the National Anticorruption Commission instituted a toll-free number to encourage citizens to denounce acts of corruption of which they were victims or witnesses. In addition, there were a number of organizations who joined a common platform known as the National Platform of Cameroonian Civil Society Organizations, which under the 2018 Finance Law was provided a budget of 150 million CFA francs ($255,000).

Corruption: The results of the 2019 competitive examination into the National School of Administration and Magistracy highlighted unethical practices surrounding the organization of public service examinations. Anecdotal reports suggested most successful candidates either hailed from specific localities or were sponsored by or related to senior-level government officials, to the detriment of ordinary candidates.

The government continued Operation Sparrow Hawk that was launched in 2006 to fight embezzlement of public funds. As in the previous year, the Special Criminal Court opened new corruption cases and issued verdicts on some pending cases. On March 8, the court placed former defense minister Edgar Alain Mebe Ngo’o and his wife in pretrial detention at the Yaounde Kondengui Central Prison. Authorities accused them of financial malpractices associated with the purchase of military equipment for the army, from the time Mebe Ngo’o served as minister of defense.

Financial Disclosure: The constitution requires senior government officials, including members of the cabinet, to declare their assets prior to and after leaving office, but the government had not implemented it since its promulgation in 1996.

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

A number of domestic and international human rights groups investigated and published findings on human rights cases. Government officials impeded the effectiveness of many local human rights NGOs by harassing their members, limiting access to prisoners, refusing to share information, and threatening violence against NGO personnel. Human rights defenders and activists received anonymous threats by telephone, text message, and email. The government took no action to investigate or prevent such occurrences. The government at times denied international organization access to the country. The government criticized reports from international human rights organizations, including Amnesty International, HRW, and the International Crisis Group, accusing them of publishing baseless accusations. On April 12, for example, officials at Douala International Airport refused entry to an HRW researcher, even though she held a valid visa.

There were several reports of intimidation, threats, and attacks aimed at human rights activists including members of the REDHAC and the Network of Cameroonian Lawyers against the Death Penalty, among others. A female human rights advocate was sexually assaulted by an armed man who warned her to stop harassing the government.

The United Nations or Other International Bodies: In May UN High Commissioner for Human Rights Michelle Bachelet visited Cameroon, at the invitation of the Cameroonian government, to evaluate progress made in the protection and promotion of human rights. Bachelet expressed concern to the government over the shrinking of civic space in Cameroon.

Government Human Rights Bodies: In June the government passed a law establishing the Cameroon Human Rights Commission (CHRC), as a replacement for the existing NCHRF. Like the NCHRF, the CHRC is a nominally independent but government-funded institution. The law establishing the CHRC extended its missions to protect human rights, incorporating provisions of Articles 2 and 3 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The CHRC did not become operational during the year, because the president had not yet designated its members. The NCHRF continued to operate in its place. It coordinated actions with NGOs, visited some prisons and detention sites, and provided human rights education. NGOs, civil society, and the general population considered the NCHRF dedicated and effective, albeit inadequately resourced and with insufficient ability to effectively hold human rights violators to account. A number of observers questioned the decision to establish a new institution and expressed concerns about its ability to confront the government that funds it.

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 rights of workers to form and join independent unions, bargain collectively, and conduct legal strikes. This does not apply to multiple groups of workers, including defense and national security personnel, prison administration civil servants, and judicial and legal personnel. The law also prohibits antiunion discrimination and requires the reinstatement of workers fired for union activity. Statutory limitations and other practices substantially restricted these rights. The law does not permit the creation of a union that includes both public- and private-sector workers, or the creation of a union that includes different, even if closely related, sectors. The law requires that unions register with the government, have a minimum of 20 members, and formalize the union by submitting a constitution and by-laws. Founding members must also have clean police records. Those who form a union and carry out union activities without registration can be fined under the law. More than 100 trade unions and 12 trade union confederations were in operation, including one public-sector confederation. Trade unions or associations of public servants may not join a foreign occupational or labor organization without prior authorization from the minister responsible for “supervising public freedoms,” currently the minister of territorial administration.

The constitution and law provide for collective bargaining between workers and management, as well as between labor federations and business associations in each sector of the economy. The law does not apply to the agricultural or informal sectors, which included the majority of the workforce.

Legal strikes or lockouts may be called only after conciliation and arbitration procedures have been exhausted. Workers who ignore procedures to conduct a legal strike may be dismissed or fined. Free Industrial Zones are subject to some labor laws; however, there are several exceptions. The employers have the right to determine salaries according to productivity, the free negotiation of work contracts, and the automatic issuance of work permits for foreign workers.

The government and employers did not effectively enforce the applicable legislation on freedom of association and the right to collective bargaining. Penalties for violations were rarely enforced and were ineffective as a deterrent. Administrative judicial procedures were infrequent and subject to lengthy delays and appeals.

Collective agreements are binding until after a party has given three months’ notice to terminate. Unlike in the previous year, there were no reported allegations that the minister of labor and social security negotiated collective agreements with trade unionists who had nothing to do with the sectors concerned and did not involve trade union confederations that prepared the draft agreements. The government continued to undermine the leadership of the Cameroon Workers Trade Union Confederation (CSTC), one of 12 trade union confederations elected in 2015.

Despite multiple complaints by CSTC’s elected leadership, the government continued to work with former leaders. In June for example, the minister of labor reportedly included Celestin Bama, a member of the former leadership team, as CSTC’s representative in the Cameroonian delegation to the International Labor Conference in Geneva. The International Trade Union Confederation worked with CSTC’s legitimate leadership for its 4th Congress held in Copenhagen, Denmark, in early December 2018.

Trade unionists reported some company officials disregarded labor legislation and prohibited the establishment of trade unions in their companies. They cited the examples of Sarsel and Harjap, two Lebanese-owned businesses based in Douala, as well as several small- and medium-sized Cameroonian companies. Unlike in 2018, there were no reported allegations that some companies retained 1 percent of unionized workers’ salaries as union dues but refused to transfer the money to trade unions.

Many employers used subcontractors to avoid hiring workers with bargaining rights. Workers’ representatives said most major companies, including parastatal companies, engaged in the practice, citing the electricity company Energy of Cameroon, the water company Camerounaise des Eaux, cement manufacturer Cimencam, Guinness, Aluminum Smelter (Alucam), COTCO, Ecobank, and many others. Subcontracting was reported to involve all categories of personnel, from the lowest to senior levels. As a result, workers with equal expertise and experience did not always enjoy similar advantages when working for the same business, and subcontracted personnel typically lacked a legal basis to file complaints.

Several strikes were announced during the year. Some were called off after successful negotiation, and some were carried out peacefully, while others faced some degree of repression.

On July 31, the Free National Union of Dockers and Related Activities of Cameroon embarked on a peaceful and lawful strike at the port of Douala. The striking workers demanded improved working conditions, including the effective implementation of a presidential decree of January 24 that offered them hope for better conditions of employment and work. Port officials allegedly called police and administrative authorities to the scene shortly after the start of the strike. They threatened the striking workers with dismissal if they did not return to work and arrested Jean Pierre Voundi Ebale, the elected leader of the dockers’ union, and two other members of the union, Guialbert Oumenguele and Elton Djoukang Nkongo. The senior divisional officer for Wouri placed them on a renewable two-week administrative custody at the Douala Central Prison. Voundi Ebale and his codetainees were released on September 1, after one full month of detention, reportedly on banditry-related charges.

As of November 30, the government delegate to the Douala City Council had not implemented a September 2017 decision of the Littoral Court of Appeal’s Labor Arbitration Council requesting the delegate to reinstate the 11 workers’ representatives he suspended in April 2017. The delegate instead opposed the court decision and referred the issue back to the labor inspector, who once again referred it to the region’s Court of Appeal. After multiple postponements, the court on October 29 confirmed the initial decision to reinstate the workers’ representatives and pay their salaries and outstanding arrears.

b. Prohibition of Forced or Compulsory Labor

The constitution and law prohibit all forms of forced and compulsory labor. The law prohibits slavery, exploitation, and debt bondage and voids any agreement in which violence was used to obtain consent. Penalties would have likely been sufficient to deter violations if enforced. The law also extends culpability for all crimes to accomplices and corporate entities. Although the statutory penalties are fairly severe, the government did not enforce the law effectively, in part due to a lack of capacity to investigate trafficking and limited labor inspection and remediation resources. In addition, due to the length and expense of criminal trials and the lack of protection available to victims participating in investigations, many victims of forced or compulsory labor resorted to accepting an out-of-court settlement.

There continued to be anecdotal reports of hereditary servitude imposed on former slaves in some chiefdoms in the North Region. Many members of the Kirdi–whose ethnic group practiced predominately Christian and traditional faiths and who had been enslaved by the Muslim Fulani in the 1800s–continued to work for traditional Fulani rulers for compensation, in room and board and generally a low and unregulated salary, while their children were free to pursue schooling and work of their choosing. Kirdi were also required to pay local chiefdom taxes to the Fulani, as were all other subjects. The combination of low wages and high taxes (although legal) effectively constituted forced labor. While technically free to leave, many Kirdi remained in the hierarchical and authoritarian system because of a lack of viable options.

Anecdotal reports suggested that in the South and East Regions, some Baka, including children, continued to be subjected to unfair labor practices by Bantu farmers, who hired the Baka at exploitive wages to work on their farms during the harvest seasons.

Also see the Department of State’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 law prohibits the worst forms of child labor and sets 14 as the minimum age of employment. The law prohibits children from working at night or longer than eight hours per day. It also outlines tasks children younger than 18 cannot legally perform, including moving heavy objects, undertaking dangerous and unhealthy tasks, working in confined areas, and prostitution. Employers are required to provide skills training to children between ages 14 and 18. Because compulsory education ends at age 12, children who were not in school and not yet 14 were particularly vulnerable to child labor. Laws relating to hazardous work for children younger than 18 are not comprehensive, since they do not include prohibitions on work underwater or at dangerous heights. Children engaged in hazardous agricultural work, including in cocoa production. The government in 2018 earmarked funds for the Ministry of Labor and Social Security to revise the hazardous work list. There were no reported developments or progress achieved as of late November. The law provides penalties ranging from fines to imprisonment for those who violate child labor laws. These penalties likely would have been sufficient to deter violations, if enforced.

Children worked in agriculture, where they were exposed to hazardous conditions, including handling heavy loads, machetes, and agricultural chemicals. Children worked in mining, where they carried heavy loads and were exposed to dangerous conditions. Children worked as street vendors and in fishing, where they were exposed to hazardous conditions. Children in these sectors mainly worked alongside families and not under formal employers. Children were subjected to forced begging as talibes in Quran schools. Children were recruited or coerced by armed groups to work as porters, scouts, cooks, and child soldiers.

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 law contains no specific provisions against discrimination, but the constitution in its preamble provides that all persons shall have equal rights and obligations and that every person shall have the right and the obligation to work.

Discrimination in employment and occupation allegedly occurred with respect to ethnicity, HIV status, disability, gender, and sexual orientation, especially in the private sector. Ethnic groups often gave preferential treatment to members of their respective ethnic group in business and social practices, and persons with disabilities reportedly found it difficult to secure and access employment. There were no reliable reports of discrimination against internal migrant or foreign migrant workers, although anecdotal reports suggested such workers were vulnerable to unfair working conditions. The government took no action to eliminate or prevent discrimination and kept no records of incidents of discrimination.

e. Acceptable Conditions of Work

The minimum wage in all sectors was greater than the World Bank’s international poverty line. Premium pay for overtime ranged from 120 to 150 percent of the hourly rate, depending on the amount of overtime and whether it is weekend or late-night overtime. Despite the minimum wage law, employers often negotiated with workers for lower salaries, in part due to the extremely high rate of underemployment in the country. Salaries lower than the minimum wage remained prevalent in the public-works sector, where many positions required unskilled labor, as well as in domestic work, where female refugees were particularly vulnerable to unfair labor practices.

The law establishes a standard workweek of 40 hours in public and private nonagricultural firms and a total of 2,400 hours per year, with a maximum limit of 48 hours per week in agricultural and related activities. There are exceptions for guards and firefighters (56 hours per week), service-sector staff (45 hours per week), and household and restaurant staff (54 hours per week). The law mandates at least 24 consecutive hours of weekly rest.

The government sets health and safety standards in the workplace. The minister in charge of labor issues establishes the list of occupational diseases in consultation with the National Commission on Industrial Hygiene and Safety. These regulations were not enforced in the informal sector. The labor code also mandates that every enterprise and establishment of any kind provide medical and health services for its employees. This stipulation was not enforced.

The Ministry of Labor and Social Security is responsible for national enforcement of the minimum wage and work hour standards, but it did not enforce the law. Ministry inspectors and occupational health physicians are responsible for monitoring health and safety standards, but the ministry lacked the resources for a comprehensive inspection program. The government more than doubled the total number of labor inspectors, but the number of labor inspectors was still insufficient. Moreover, the government did not provide adequate access to vehicles or computers, hampering the effectiveness of the inspectors.

Ghana

Executive Summary

Ghana is a constitutional democracy with a strong presidency and a unicameral 275-seat parliament. Presidential and parliamentary elections conducted in 2016 were peaceful, and domestic and international observers assessed them to be transparent, inclusive, and credible.

The police, under the Ministry of the Interior, are responsible for maintaining law and order, but the military continued to participate in law enforcement activities in a support role, such as by protecting critical infrastructure. A separate entity, the Bureau of National Investigations, handles cases considered critical to state security and answers directly to the Ministry of National Security. Civilian authorities generally maintained effective control over the security forces.

Significant human rights issues included: arbitrary or unlawful killings by the government or its agents; harsh and life-threatening prison conditions; violence against journalists including assaults, death threats and one journalist shot and killed; censorship of a free press including arrests and the closure of two radio stations for ostensible licensing irregularities; corruption in all branches of government; crimes of violence against women and girls, to which government negligence significantly contributed; infanticide of children with disabilities; criminalization of same-sex sexual conduct, although rarely enforced; and forced child labor.

The government took some steps to address corruption and abuse by officials, whether in the security forces or elsewhere in the government. This included the passage and signing into law in May of the Right to Information Bill that seeks to improve governmental accountability and transparency. Impunity remained a problem, however.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

Violence and Harassment: From January 2018 to May 2019, there were at least 11 cases of attacks on journalists. In March 2018 police assaulted a reporter who had visited the Criminal Investigations Department headquarters to report on the arrest of a political party official. The reporter sustained fractures to his skull. One year later, in March, the journalist’s company, Multimedia Group Limited, filed a lawsuit against the inspector general of police and attorney general for 10 million Ghanaian cedis ($1.9 million) in compensatory damages for the assault. Civil society organizations and law enforcement authorities worked to develop a media-police relations framework to address the increasingly contentious relationship between the entities.

In January unidentified gunmen shot and killed prominent undercover journalist Ahmed Hussein-Suale, following reports from 2018 that a member of parliament had publicly criticized Hussein-Suale and incited violence against him. Hussein-Suale’s investigative crew had produced a film about corruption in the country’s soccer leagues, which included involvement by officials, referees, and coaches. Police questioned the parliamentarian, and reports indicated that authorities arrested several persons and subsequently granted bail. The investigation continued at year’s end.

Another investigative journalist received death threats following the release of his documentary that revealed the presence of a progovernment militia training on government property, despite the administration’s assertions it did not endorse the use of private security firms, and that the group mentioned in the documentary was a job recruitment agency, not a militia.

b. Freedoms of Peaceful Assembly and Association

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

In October police used water cannons and rubber bullets to stop protesting law students demanding reforms to the admissions process for the legal education system. Authorities reportedly arrested between 10 and 13 protesters and subsequently released them. The National Association of Law Students called on the Inspector General of Police (IGP) and the Commission on Human Rights and Administrative Justice (CHRAJ) to “thoroughly investigate this brutal attack.”

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 provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. In a stated effort to curb human trafficking, however, the government in 2017 imposed a ban on labor recruitment to Gulf countries after increased reports of abuse endured by migrant workers. The ban continued during the year. Media investigations revealed some recruitment agencies continued their operations despite the ban.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Gender-based violence remained a problem. According to the Office of the UN High Commissioner for Refugees (UNHCR), as of the end of October, there were 25 incidents of sexual and gender-based violence (SGBV) reported from refugee camps. The government cooperated with UNHCR and other humanitarian offices in providing protection and assistance. For example, UNHCR worked with Department of Social Welfare personnel and Ghana Health Service psychosocial counselors to provide medical, psychosocial, security, and legal assistance where necessary in all the cases reported. Obstacles to holding perpetrators of SGBV accountable for acts conducted in the camps included ineffective access to civil and criminal legal counseling for victims; poor coordination among the Department of Social Welfare, the Legal Aid Commission, and police; and lack of representation for the alleged perpetrator and presumed survivors.

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 law allows rejected asylum seekers to appeal and remain in the country until an appeal is adjudicated. A four-member appeals committee, appointed by the minister of the interior, is responsible for adjudicating the appeals, but the process continued to be subject to delays.

There were reports of 287 residents of Burkina Faso (called Burkinabe), who fled insecurity, settling in Ghana’s Upper West Region and registering as asylum-seekers in 2018. During the year, according to UNHCR, there were 1,955 new arrivals from Burkina Faso. Preliminary findings from an information-gathering mission conducted by UNHCR and the Ghana Refugee Board indicated these asylum-seekers also fled a deteriorating security situation in Burkina Faso. The government decided to conduct security checks of the Burkinabe before commencing the registration process. As of October the Ghana Refugee Board had not registered any of these Burkinabe.

News reports about the Burkinabe refugees were generally negative, particularly after police arrested a Burkinabe for possessing a loaded pistol in a Catholic church in the Upper West Region.

Employment: Refugees could apply for work permits through the same process as other foreigners; however, work permits were generally issued only for employment in the formal sector, while the majority of refugees worked in the informal sector.

Durable Solutions: In 2011 nearly 18,000 residents of Cote d’Ivoire fled to the country because of political instability following Cote d’Ivoire’s disputed 2010 presidential election. As of August, UNHCR assisted in the voluntary repatriation of 351 Ivoirian refugees–a slow but steady increase the agency attributed to better assistance packages and better information provided to Ivoirians about the situation in their home country. Although the government granted Ivoirian refugees prima facie refugee status during the initial stages of the emergency, by the end of 2012, the government had transitioned to individual refugee status determination for all Ivoirians entering thereafter.

In November 2018 a group of Sudanese refugees camped outside the UNHCR office in Accra for a month and a half, calling for improved assistance related to health, shelter, food, and resettlement. The population is part of a protracted backlog of cases. A decision from the Ministry of Interior regarding possible integration as a durable solution remained pending.

In 2012 UNHCR and the International Organization for Migration assisted with the voluntary repatriation of more than 4,700 Liberians from the country. Approximately 3,700 Liberians opted for local integration. UNHCR and the Ghana Refugee Board continued to work with the Liberian government to issue the Liberians passports, enabling them to subsequently receive a Ghanaian residence and work permit. In 2018 the Liberian government issued 352 passports to this population; it issued no new passports during the year, with an estimated 200 Liberians awaiting documentation. UNHCR Ghana coordinated with its office in Liberia to expedite the process. The Ghana Immigration Service also supported the process by issuing reduced-cost residency permits, including work permits for adults, to locally integrating former Liberian refugees.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government through 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 government officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year. Corruption was present in all branches of government, according to media and NGOs, and various reputable national and international surveys, such as the World Bank’s Worldwide Governance Indicators and Afrobarometer, highlighted the prevalence of corruption in the country. In October Transparency International scored the country’s defense sector as being at “very high risk” for corruption, attributed in part to the fact that, despite robust legal frameworks, opacity and lack of implementation of oversight tools weakened protections against corruption.

As of September the CHRAJ had undertaken investigations for 19 cases of corruption, and taken decisions on them for appropriate action.

Following months of advocacy by civil society groups, in March Parliament passed the Right to Information Bill, which had languished for 20 years. In May the president signed it into law, with implementation expected to begin in January 2020. The law is intended to foster more transparency and accountability in public affairs.

In December 2018 the country launched the National Anticorruption online Reporting Dashboard, an online reporting tool for the coordination of all anticorruption efforts of various bodies detailed in the National Anticorruption Action Plan. A total of 169 governmental and nongovernmental organizations have used it to report on various efforts to stem corruption in the country.

Corruption: Authorities suspended the CEO of the Public Procurement Authority in August after a report by an investigative journalist revealed that he awarded contracts to companies he owned or worked with. The president filed a petition with the CHRAJ, requesting it investigate possible breaches of conflict of interest by the CEO. The Office of the Special Prosecutor (OSP) also investigated.

According to the government’s Economic and Organized Crime Office as well as Corruption Watch, a campaign steered by the Ghana Center for Democratic Development, the country lost 9.7 billion cedis ($1.9 billion) to corruption between 2016 and 2018 in five controversial government contracts with private entities. In October deputy commissioner of the CHRAJ stated that 20 percent of the national budget and 30 percent of all procurement done by the state were lost to corruption annually.

There were credible reports police extorted money by acting as private debt collectors, setting up illegal checkpoints, and arresting citizens in exchange for bribes from disgruntled business associates of those detained. A study by the Ghana Integrity Initiative, conducted in 2016 and released in 2017, indicated that 61 percent of respondents had paid a bribe to police.

In 2017 the government established the OSP to investigate and prosecute corruption-related crimes. More than one year after being sworn into office the special prosecutor initiated some investigations but was criticized for lack of action. In the yearly budget the government allocated 180 million cedis ($34.6 million) to the OSP, but only disbursed half. Lack of office space remained a serious constraint on staffing the OSP.

Financial Disclosure: The constitution’s code of conduct for public officers establishes an income and asset declaration requirement for the head of state, ministers, cabinet members, members of parliament, and civil servants. All elected and some appointed public officials are required to make these declarations every four years and before leaving office. The CHRAJ commissioner has authority to investigate allegations of noncompliance with the law regarding asset declaration and take “such action as he considers appropriate.” Financial disclosures remain confidential unless requested through a court order. Observers criticized the financial disclosure regulation, noting that infrequent filing requirements, exclusion of filing requirements for family members of public officials, lack of public transparency, and absence of consequences for noncompliance undermined its effectiveness.

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

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to the views of such groups. The government actively engaged civil society and the United Nations in preparation for the country’s third Universal Periodic Review in 2017.

Government Human Rights Bodies: The CHRAJ, which mediated and settled cases brought by individuals against government agencies or private companies, operated with no overt interference from the government; however, since it is itself a government institution, some critics questioned its ability independently to investigate high-level corruption. Its biggest obstacle was lack of adequate funding, which resulted in low salaries, poor working conditions, and the loss of many of its staff to other governmental organizations and NGOs. As of October the CHRAJ had 111 offices across the country, with a total of 696 staff members. Public confidence in the CHRAJ was high, resulting in an increased workload for its staff.

The Office of the IGP and PPSB investigate claims of excessive force by security force members. The PPSB also investigates human rights abuses and police misconduct. As of September the CHRAJ had not received any reports of police beating detainees.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The Ghana Labor Act provides for the right of workers–except for members of the armed forces, police, the Ghana Prisons Service, and other security and intelligence agency personnel–to form and join unions of their choice without previous authorization or excessive requirements. The law requires trade unions or employers’ organizations to obtain a certificate of registration and be authorized by the chief labor officer, who is an appointed government official. Union leaders reported that fees for the annual renewal of trade union registration and collective bargaining certificates were exorbitant and possibly legally unenforceable.

The law provides for the right to conduct legal strikes but restricts that right for workers who provide “essential services.” Workers in export processing zones are not subject to these restrictions. The minister of employment and labor relations designated a list of essential services, which included many sectors that fell outside of the essential services definition set by the International Labor Organization (ILO). The list included services carried out by utility companies (water, electricity, etc.), ports and harbors, medical centers, and the Bank of Ghana. These workers have the right to bargain collectively. In these sectors parties to any labor disputes are required to resolve their differences within 72 hours. The right to strike can also be restricted for workers in private enterprises whose services are deemed essential to the survival of the enterprise by a union and an employer. A union may call a legal strike only if the parties fail to agree to refer the dispute to voluntary arbitration or if the dispute remains unresolved at the end of arbitration proceedings. Additionally, the Emergency Powers Act of 1994 grants authorities the power to suspend any law and prohibit public meetings and processions, but the act does not apply to labor disputes.

The Ghana Labor Act provides a framework for collective bargaining. A union must obtain a collective bargaining certificate from the chief labor officer in order to engage in collective bargaining on behalf of a class of workers. In cases where there are multiple unions in an enterprise, the majority or plurality union will receive the certificate but must consult with or, where appropriate, invite other unions to participate in negotiations. The certificate holder generally includes representatives from the smaller unions. Workers in decision-making or managerial roles are not provided the right to collective bargaining under the Labor Act, but they may join unions and enter into labor negotiations with their employers.

The National Labor Commission is a government body with the mandate of ensuring employers and unions comply with labor law. It also serves as a forum for arbitration in labor disputes.

The law allows unions to conduct their activities without interference and provides reinstatement for workers dismissed under unfair pretenses. It protects trade union members and their officers against discrimination if they organize.

The government generally protected the right to form and join independent unions and to conduct legal strikes and bargain collectively, and workers exercised these rights. Although the Labor Act makes specified parties liable for violations, specific penalties are not set forth. An employer who resorts to an illegal lockout is required to pay the workers’ wages. Some instances of subtle employer interference in union activities occurred. Many unions did not follow approved processes for dealing with disputes, reportedly due to the perceived unfair and one-sided application of the law against the unions. The process is often long and cumbersome, with employers generally taking action when unions threaten to withdraw their services or declare a strike. The National Labor Commission faced obstacles in enforcing applicable sanctions against both unions and employers, including limited ability to enforce its mandate and insufficient oversight.

Trade unions engaged in collective bargaining for wages and benefits with both private and state-owned enterprises without government interference. No union completed the dispute resolution process involving arbitration, and there were numerous unsanctioned strikes during the year.

In March 2018 miners at a Tarkwa mine went on strike after their company announced that 2,150 workers would face retrenchment. The Ghana Mineworkers Union (GNWU) called for a series of sympathy strikes. The military used pepper spray and tear gas and fired warning shots to disperse strikers; some strikers were reportedly beaten, and one was hit by a bullet and hospitalized, according to the International Trade Union Confederation. The GNWU claimed that the retrenchments did not follow labor laws or the collective bargaining agreements signed by the union and the mining company. The case was heard by the High Court in Accra, which did not rule in GNWU’s favor; GNWU’s appeal was pending at year’s end.

In June 2018 workers at a pharmaceutical firm went on strike after the company locked them out for attempting to unionize. Workers wanted to create a union to address welfare concerns.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The penalties were insufficient to deter violations.

The government did not effectively enforce the law. The government increased the level of funding and staffing dedicated to combatting human trafficking but did not provide sufficient funding to fully enforce the law. In February the government’s Human Trafficking Secretariat opened the first shelter for adult victims of trafficking.

There were reports of forced labor affecting both children and adults in the fishing sector, as well as forced child labor in informal mining, agriculture, domestic labor, porterage, begging, herding, quarrying, and hawking (see section 7.c.).

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 did not prohibit all of the worst forms of child labor. The law sets the minimum employment age at 15, or 13 for light work unlikely to be harmful to a child or to affect the child’s attendance at school. The law prohibits night work and certain types of hazardous labor for those younger than 18 and provides for fines and imprisonment for violators. The law allows for children age 15 and above to have an apprenticeship under which craftsmen and employers have the obligation to provide a safe and healthy work environment along with training and tools.

Inspectors from the Ministry of Employment and Labor Relations were responsible for enforcing child labor regulations. The government, however, did not carry out these efforts, and penalties were not sufficient to deter violations.

The ILO, government representatives, the Trades Union Congress, media, international organizations, and NGOs continued efforts to increase institutional capacity to combat child labor.

The government continued to work closely with NGOs, labor unions, and the cocoa industry to eliminate the worst forms of child labor in the industry. Through these partnerships the government created several community projects, which promoted awareness-raising, monitoring, and livelihood improvement.

In February 2018 the government approved the National Plan of Action Phase II on the Elimination of the Worst Forms of Child Labor (NPA2). The NPA2 aims to reduce the prevalence of the worst forms of child labor to 10 percent by 2021, and specifically targets the cocoa, fishing, and mining sectors.

Authorities did not enforce child labor laws effectively or consistently. Law enforcement officials, including judges, police, and labor officials, were sometimes unfamiliar with the provisions of the law that protected children.

Children as young as four were subjected to forced labor in the agriculture, fishing, and mining industries, including artisanal gold mines, and as domestic laborers, porters, hawkers, and quarry workers. One child protection and welfare NGO estimated traffickers subjected 100,000 children to forced child labor. NGOs estimate that almost one-half of trafficked children worked in the Volta Region where, in the fishing industry, they engaged in hazardous work, such as diving into deep waters to untangle fishing nets caught on submerged tree roots. The government does not legally recognize working underwater as a form of hazardous work. Officials from the Ministry of Fisheries and Aquaculture Development received training as part of a strategy to combat child labor and trafficking in the fisheries sector.

Child labor continued to be prevalent in artisanal mining (particularly illegal small-scale mining), fetching firewood, bricklaying, food service and cooking, and collecting fares. Children in small-scale mining reportedly crushed rocks, dug in deep pits, carried heavy loads, operated heavy machinery, sieved stones, and amalgamated gold with mercury.

Child labor was present in cocoa harvesting. Children engaged in cocoa harvesting often used sharp tools to clear land and collect cocoa pods, carried heavy loads, and were exposed to agrochemicals, including toxic pesticides. The government did not legally recognize this type of work in agriculture, including in cocoa, as hazardous work for children.

Child laborers were often poorly paid and physically abused, and they received little or no health care. According to the MICS, one in every five children between the ages of five and 17 is engaged in hazardous working conditions, and there were no significant disparities between boys and girls.

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 government did not effectively enforce prohibitions on discrimination. The law stipulates that an employer cannot discriminate against a person on the basis of several categories, including gender, race, ethnic origin, religion, social or economic status, or disability, whether that person is already employed or seeking employment. Discrimination in employment and occupation occurred with respect to women, persons with disabilities, HIV-positive persons, and LGBTI persons (see section 6). For example, reports indicated few companies were willing to offer reasonable accommodation to employees with disabilities. Many companies ignored or turned down such individuals who applied for jobs. Women in urban centers and those with skills and training encountered little overt bias, but resistance persisted to women entering nontraditional fields and accessing education.

e. Acceptable Conditions of Work

A national tripartite committee composed of representatives of the government, labor, and employers set a minimum wage. The minimum wage exceeds the government’s poverty line. Many companies did not comply with the new law. The maximum workweek is 40 hours, with a break of at least 48 consecutive hours every seven days. Workers are entitled to at least 15 working days of leave with full pay in a calendar year of continuous service or after having worked at least 200 days in a particular year. These provisions, however, did not apply to piece workers, domestic workers in private homes, or others working in the informal sector. The law does not prescribe overtime rates and does not prohibit excessive compulsory overtime.

The government sets industry-appropriate occupational safety and health regulations. By law workers can remove themselves from situations that endanger their health or safety without jeopardy to their employment. This legislation covers only workers in the formal sector, which employed approximately 10 percent of the labor force. In practice, few workers felt free to exercise this right.

The Ministry of Employment and Labor Relations was unable to enforce the wage law effectively. The government also did not effectively enforce health and safety regulations, which are set by a range of agencies in the various industries, including but not limited to the Food and Drugs Authority, Ghana Roads Safety Commission, and Inspectorate Division of the Minerals Commission. The law reportedly provided inadequate coverage to workers due to its fragmentation and limited scope. There was widespread violation of the minimum wage law in the formal economy across all sectors. The minimum wage law was not enforced in the informal sector. Legislation governing working hours applies to both formal and informal sectors. It was largely followed in the formal sector but widely flouted and not enforced in the informal sector.

The government did not employ sufficient labor inspectors to enforce compliance. Inspectors were poorly trained and did not respond to violations effectively. Inspectors did not impose sanctions and were unable to provide data as to how many violations they responded to during the year. In most cases inspectors gave advisory warnings to employers, with deadlines for taking corrective action. Penalties were insufficient to enforce compliance.

Approximately 90 percent of the working population was employed in the informal sector, according to the Ghana Statistical Service’s 2015 Labor Force Report, including small to medium-scale businesses such as producers, wholesale and retail traders, and service providers made up of contributing family workers, casual wageworkers, home-based workers, and street vendors. Most of these workers were self-employed.

Sixteen persons died in a mine explosion in January. Thirteen workers suffered electric shock and three were electrocuted when erecting a billboard that fell on a cable.

In March the High Court in Accra ordered a mining company to pay more than 9 million cedis ($1.7 million) in damages in a case concerning the drowning of an employee in 2015. The court found gross negligence on the part of the company for failing to meet health and safety standards.

Nigeria

Executive Summary

Nigeria is a federal republic composed of 36 states and the Federal Capital Territory. In February citizens re-elected President Muhammadu Buhari of the All Progressives Congress party to a second four-year term. Most independent observers agreed the election outcome was credible despite logistical challenges, localized violence, and some irregularities.

The Nigeria Police Force is the primary law enforcement agency along with other federal organizations. The Department of State Services is responsible for internal security and nominally reports to the president through the national security adviser. The Nigerian Armed Forces, which report to the Ministry of Defense, are responsible for external security but also have some domestic security responsibilities. Civilian authorities did not always maintain effective control over the security services.

The insurgency in the Northeast by the militant terrorist groups Boko Haram and the Islamic State in West Africa (ISIS-WA) continued. The groups conducted numerous attacks on government and civilian targets, resulting in thousands of deaths and injuries, widespread destruction, the internal displacement of more than two million persons, and external displacement of an estimated 243,875 Nigerian refugees to neighboring countries as of September 30.

Significant human rights issues included unlawful and arbitrary killings, including extrajudicial killings, forced disappearances, torture, and arbitrary detention, all the above by both government and nonstate actors; harsh and life-threatening prison conditions; unlawful infringement on citizens’ privacy rights; criminal libel; violence against and unjustified arrests of journalists; substantial interference with the rights of peaceful assembly and freedom of association in particular for lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons and religious minorities; widespread and pervasive corruption; crimes involving violence targeting LGBTI persons; criminalization of same-sex sexual conduct between adults; and forced and bonded labor.

The government took some steps to investigate alleged abuses but there were few public reports of prosecutions of officials who committed violations, whether in the security forces or elsewhere in the government. Impunity remained widespread at all levels of government. No charges were filed in some of the significant allegations of human rights violations by security forces and cases of police or military extortion or other abuse of power.

The Borno State government provided financial and in-kind resources to the Civilian Joint Task Force (CJTF), a nongovernmental self-defense militia that at times coordinated with the military. Human rights organizations and press reporting alleged the CJTF committed human rights abuses. The government took few steps to investigate or punish CJTF members who committed human rights abuses, including past recruitment and use of child soldiers. Boko Haram recruited and forcefully conscripted child soldiers and carried out scores of person-borne improvised explosive device (IED) attacks–many by young women and girls forced into doing so–and other attacks on population centers in the Northeast and in Cameroon, Chad, and Niger. Abductions by Boko Haram and ISIS-WA continued. Both groups subjected many women and girls to sexual and gender-based violence, including forced marriages, sexual slavery, and rape. The government investigated attacks by Boko Haram and ISIS-WA and took steps to prosecute their members, although the majority of suspects were held in military custody without charge.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Although the constitution and law provide for freedom of speech and press, the government frequently restricted these rights. In an August press release, HRW expressed concern over threats to freedom of expression, saying recent arrests and detentions of journalists and activists indicated a growing intolerance of dissent.

Freedom of Expression: The constitution entitles every individual to “freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.” Although federal and state governments usually respected this right, there were reported cases in which the government abridged the right to speech and other expression.

Press and Media, Including Online Media: A large and vibrant private domestic press frequently criticized the government, but critics reported being subjected to threats, intimidation, and sometimes violence.

Violence and Harassment: Security services increasingly detained and harassed journalists, sometimes for reporting on sensitive problems such as political corruption and security. Security services including the DSS and police occasionally arrested and detained journalists who criticized the government. Moreover, army personnel in some cases threatened civilians who provided, or were perceived to have provided, information to journalists or NGOs on misconduct by the military.

Numerous journalists were detained, abducted, or arrested during the year and were still deprived of their liberty as of September, including Abubakar Idris, Stephen Kefas, Jones Abiri, Agba Jalingo, and others. Activist IG Wala was sentenced to seven years in prison, reportedly in retaliation for making ‘unsubstantiated allegations’ against government officials.

Censorship or Content Restrictions: The government controlled much of the electronic media through the National Broadcasting Commission (NBC), which is responsible for monitoring and regulating broadcast media. The law prohibits local television stations from transmitting programming from other countries except for special religious programs, sports programs, or events of national interest. Cable and satellite transmission was less restricted. For example, the NBC permitted live transmission of foreign news and programs on cable and satellite networks, but they were required to dedicate 20 percent of their programming time to local content.

Journalists practiced self-censorship. Journalists and local NGOs claimed security services intimidated journalists, including editors and owners, into censoring reports perceived to be critical of the government.

Libel/Slander Laws: Libel and slander are civil offenses and require defendants to prove truthfulness or value judgment in news reports or editorials or pay penalties. The requirement limited the circumstances in which media defendants could rely on the common law legal defense of “fair comment on matters of public interest,” and it restricted the right to freedom of expression. Defamation is a criminal offense carrying a penalty for conviction of up to two years’ imprisonment and possible fines.

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 constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, but security officials restricted freedom of movement at times by imposing curfews in areas experiencing terrorist attacks and ethnic violence.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and humanitarian organizations in assisting refugees and asylum seekers through the National Commission for Refugees, Migrants, and IDPs. The government participated in a regional protection dialogue to continue to work through a tripartite agreement with UNHCR and Cameroon signed in March 2017 to ensure that any Nigerian refugees in Cameroon returning to Nigeria were fully informed and gave their consent. Nevertheless, the agreement was not fully enforced, and the return of Nigerian refugees to Nigeria was sometimes forced, uninformed, or dangerous. There were reports the government continued to participate in the return of Nigerian refugees from Cameroon that was not fully voluntary or informed (see “Refoulement”).

In-country Movement: The federal, state, or local governments imposed curfews or otherwise restricted movement in the states of Adamawa, Borno, and Yobe in connection with operations against Boko Haram and ISIS-WA. Other states imposed curfews in reaction to specific threats and attacks, and rural violence.

Police conducted “stop and search” operations in cities and on major highways and, on occasion, set up checkpoints. Many checkpoints operated by military and police remained in place.

f. Protection of Refugees

Refoulement: There were reports the government participated in the return of Nigerian refugees from Cameroon who may have not been voluntary or properly informed. Insecurity in Nigeria prevented most forced returnees from returning to their places of origin. According to UNHCR, most remained in camps in Borno, where resources were scarce. Many did not have access to basic facilities such as shelter, drinking water, sanitation, or medical care.

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. Asylum seekers originated mainly from Cameroon, the Democratic Republic of the Congo, Central African Republic, Mali, Cote d’Ivoire, Togo, Sudan, and Guinea, with a majority living in urban areas in Cross River State, Lagos, and Ijebu Ode in Ogun State. According to UNHCR, approximately 45,000 Cameroonians fleeing the Anglophone Crisis sought refuge in Cross River, Benue, and Akwa Ibom States.

Durable Solutions: The country received a high number of returnees, both voluntary and forced, primarily in the Northeast. Accurate information on the number of returnees was not available. The government was generally unable to take action to reintegrate returning refugees. Many returnees did not find durable solutions and were forced into secondary displacement.

Temporary Protection: The government provided temporary protection to a few hundred individuals 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 based on universal and equal suffrage and conducted by secret ballot.

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for conviction of official corruption, the government did not implement the law effectively, and government officials frequently engaged in corrupt practices with impunity. Massive, widespread, and pervasive corruption affected all levels of government, including the judiciary and the security services. The constitution provides immunity from civil and criminal prosecution for the president, vice president, governors, and deputy governors while in office. There were numerous reports of government corruption during the year.

Corruption: The Independent Corrupt Practices Commission (ICPC) holds broad authorities to prosecute most forms of corruption. The Economic and Financial Crimes Commission (EFCC) writ extends only to financial and economic crimes. The ICPC led a raid in August that resulted in the arrest of 37 federal road safety officers and five civilian employees on charges of extortion. As of September the EFCC had secured 834 convictions during the year.

Although ICPC and EFCC anticorruption efforts remained largely focused on low- and mid-level government officials, following the 2015 presidential election, both organizations started investigations into and brought indictments against various active and former high-level government officials. Many of these cases were pending in court. According to both the ICPC and the EFCC, the delays were the result of a lack of judges and the widespread practice of filing for and granting multiple adjournments.

EFCC arrests and indictments of politicians continued throughout the year, implicating a significant number of opposition political figures and leading to allegations of partisan motivations on the part of the EFCC.

Financial Disclosure: The Code of Conduct Bureau and Tribunal Act requires public officials–including the president, vice president, governors, deputy governors, cabinet ministers, and legislators (at both federal and state levels)–to declare their assets to the Code of Conduct Bureau (CCB) before assuming and after leaving office. The constitution calls for the CCB to “make declarations available for inspection by any citizen of the country on such terms and conditions as the National Assembly may prescribe.” The law does not address the publication of asset information. Violators risk prosecution, but cases rarely reached conclusion.

In April, Supreme Court Chief Justice Walter Onnoghen was convicted of falsely declaring his assets for failing to reveal money held in five foreign bank accounts. He was banned from holding public office for 10 years and ordered to forfeit the money in the five accounts. President Buhari had suspended Onnoghen over the charges of failing to disclose assets in January several weeks before the presidential election. President Buhari did not receive support for Onnoghen’s removal from two-thirds of the Senate or from the National Judicial Council as the law requires. The timing and process of Onnoghen’s suspension led many opposition candidates, lawyers, and civil society leaders to accuse President Buhari of meddling with the independence of the judiciary.

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. Government officials sometimes cooperated and responded to their views, but generally dismissed allegations quickly without investigation. In some cases the military threatened NGOs and humanitarian organizations. In December 2018 a military spokesperson called for the banning of AI after the release of a report on farmer-herder violence, but no action was taken against AI. In September the army ordered Action Against Hunger and Mercy Corps, both humanitarian NGOs, to suspend operations in Borno and Yobe States. The army alleged members of the organizations, who were found with large sums of cash and other questionable items at checkpoints, were aiding and abetting a terrorist organization. Action Against Hunger and Mercy Corps strongly rejected these charges and cooperated with military officials, which resulted in the lifting of suspensions. On October 30, the government announced it would take new steps to vet and monitor humanitarian actors working in the Northeast. The next day both organizations resumed operations. A military board of inquiry continued to investigate the allegations.

Government Human Rights Bodies: The law establishes the NHRC as an independent nonjudicial mechanism for the promotion and protection of human rights. The NHRC monitors human rights through its zonal affiliates in the country’s six political regions. The NHRC is mandated to investigate allegations of human rights abuses and publishes periodic reports detailing its findings, including torture and poor prison conditions. The commission served more of an advisory, training, and advocacy role. During the year there were no reports its investigations led to accountability. The law provides for recognition and enforcement of NHRC awards and recommendations as court decisions, but it was unclear whether this happened.

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 all workers, except members of the armed forces, the Central Bank of Nigeria, and public employees who are classified in the broad category of “essential services,” the right to form or belong to any trade union or other association, conduct legal strikes, and bargain collectively; some statutory limitations substantially restrict these rights. Trade unions must meet various registration requirements to be legally established. By law a trade union may only be registered if there is no other union already registered in that trade or profession and if it has a minimum of 50 members, a threshold most businesses could not meet. A three-month notice period, starting from the date of publication of an application for registration in the Nigeria Official Gazette, must elapse before a trade union may be registered. If the Ministry of Labor and Employment does not receive objections to registration during the three-month notice period, it must register the union within three months of the expiration of the notice period. If an objection is raised, the ministry has an indefinite period to review and deliberate on the registration. The registrar may refuse registration because a proper objection has been raised or because a purpose of the trade union violates the Trade Union Act or other laws. Each federation must consist of 12 or more affiliated trade unions, and each trade union must be an exclusive member in a single federation.

The law generally does not provide for a union’s ability to conduct its activities without interference from the government. The law narrowly defines what union activities are legal. The minister of labor and employment has broad authority to cancel the registration of worker and employer organizations. The registrar of trade unions has broad powers to review union accounts at any time. In addition the law requires government permission before a trade union may legally affiliate with an international organization.

The law stipulates that every collective agreement on wages be registered with the National Salaries, Income, and Wages Commission, which decides whether the agreement becomes binding. Workers and employers in export processing zones (EPZs) are subject to the provisions of labor law, the 1992 Nigeria Export Processing Zones Decree, and other laws. Workers in the EPZs may organize and engage in collective bargaining, but there are no explicit provisions providing them the right to organize their administration and activities without interference by the government. The law does not allow worker representatives free access to the EPZs to organize workers, and it prohibits workers from striking for 10 years following the commencement of operations by the employer within a zone. In addition the Nigerian Export Processing Zones Authority, which the federal government created to manage the EPZ program, has exclusive authority to handle the resolution of disputes between employers and employees, thereby limiting the autonomy of the bargaining partners.

The law provides legal restrictions that limit the right to strike. The law requires a majority vote of all registered union members to call a strike. The law limits the right to strike to disputes regarding rights, including those arising from the negotiation, application, interpretation, or implementation of an employment contract or collective agreement, or those arising from a collective and fundamental breach of an employment contract or collective agreement, such as one related to wages and conditions of work. The law prohibits strikes in essential services. The International Labor Organization (ILO), however, states that “essential services” is defined in an overly broad manner. Essential Services include the Central Bank of Nigeria; the Nigerian Security Printing and Minting Company, Ltd.; any corporate body licensed to carry out banking under the Banking Act; postal service; sound broadcasting; telecommunications; maintenance of ports, harbors, docks, or airports; transportation of persons, goods, or livestock by road, rail, sea, or river; road cleaning; and refuse collection. Strike actions, including many in nonessential services, may be subject to a compulsory arbitration procedure leading to a final award, which is binding on the parties concerned.

Strikes based on disputed national economic policy are prohibited. Penalties for conviction of participating in an illegal strike include fines and imprisonment for up to six months.

Workers under collective bargaining agreements may not participate in strikes unless their unions comply with legal requirements, including provisions for mandatory mediation and referral of disputes to the government. Workers may submit labor grievances to the judicial system for review. Laws prohibit workers from forcing persons to join strikes, blocking airports, or obstructing public byways, institutions, or premises of any kind. Persons committing violations are subject to fines and possible prison sentences. The law further restricts the right to strike by making “check-off” payment of union dues conditional on the inclusion of a no-strike clause during the lifetime of a collective agreement. No laws prohibit retribution against strikers and strike leaders, but strikers who believe they are victims of unfair retribution may submit their cases to the Industrial Arbitration Panel with the approval of the Ministry of Labor and Employment. The panel’s decisions are binding on the parties but may be appealed to the National Industrial Court. The arbitration process was cumbersome, time consuming, and ineffective in deterring retribution against strikers. Individuals also have the right to petition the Labor Ministry and may request arbitration from the National Industrial Court.

The law does not prohibit general antiunion discrimination; it only protects unskilled workers. The law does not provide for the reinstatement of workers fired for union activity. A large number of alleged cases in antiunion discrimination and obstruction to collective bargaining were reported during the year. Specific acts include denial of the right to join trade unions, massive dismissals for trying to join trade unions, mass persecution of union members, and arrests of union members, among others.

In 2013 the ILO ruled that many provisions of the Trade Union Act and the Trade Disputes Act contravened ILO conventions 87 and 98 by limiting freedom of association. While workers exercised some of their rights, the government generally did not effectively enforce the applicable laws. Penalties were not adequate to deter violations. Inflation reduced the deterrence value of many fines established by older laws. For example, some fines could not exceed 100 naira ($0.30).

In many cases workers’ fears of negative repercussions inhibited their reporting of antiunion activities. According to labor representatives, police rarely gave permission for public demonstrations and routinely used force to disperse protesters.

Collective bargaining occurred throughout the public sector and the organized private sector but remained restricted in some parts of the private sector, particularly in banking and telecommunications. According to the International Trade Union Confederation, the government and some private-sector employers occasionally failed to honor their collective agreements.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor, including by children, although some laws provide for a sentence that includes compulsory prison labor. The law provides for fines and imprisonment for individuals convicted of engaging in forced or compulsory labor, and these penalties would be sufficient to deter violations if appropriately enforced. The government does not effectively enforce these laws in many parts of the country. The government took steps to identify or eliminate forced labor, but insufficient resources and lack of training on such laws hampered efforts.

Forced labor remained widespread. Women and girls were subjected to forced labor in domestic service, while boys were subjected to forced labor in street vending, domestic service, mining, stone quarrying, agriculture, and begging.

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 has laws and regulations related to child labor but does not prohibit all of the worst forms of child labor. Penalties were not sufficient to deter violations.

By law age 12 is the general minimum age for employment. Persons younger than age 14 may be employed only on a daily basis, must receive the day’s wages at the end of each workday, and must be able to return each night to their parents’ or guardian’s residence. By law these regulations do not apply to domestic service. The law also provides exceptions for light work in agriculture and horticulture if the employer is a family member. No person younger than age 16 may work underground, in machine work, or on a public holiday. No “young person,” defined as a person younger than age 18 by the Labor Act, may be employed in any job that is injurious to health, dangerous, or immoral. For industrial work and work on vessels where a family member is not employed, the minimum work age is 15, consistent with the age for completing educational requirements. The law states children may not be employed in agricultural or domestic work for more than eight hours per day. Apprenticeship of youths older than age 12 is allowed in skilled trades or as domestic servants.

The Labor and Employment Ministry dealt specifically with child labor problems but mainly conducted inspections in the formal business sector, where the incidence of child labor reportedly was not significant. The National Agency for the Prohibition of Traffic in Persons has some responsibility for enforcing child labor laws, although it primarily rehabilitates trafficking and child labor victims. Victims or their guardians rarely complained due to intimidation and fear of losing their jobs.

The government’s child labor policy focused on intervention, advocacy, sensitization, legislation, withdrawal of children from potentially harmful labor situations, and rehabilitation and education of children following withdrawal. In an effort to withdraw children from the worst forms of child labor, it operated vocational training centers with NGOs around the country. Despite the policy and action plan, children remained inadequately protected due to weak or nonexistent enforcement of the law.

The worst forms of child labor identified in the country included: commercial agriculture and hazardous farm work (cocoa, cassava); street hawking; exploitative cottage industries such as iron and other metal works; hazardous mechanical workshops; exploitative and hazardous domestic work; commercial fishing; exploitative and hazardous pastoral and herding activities; construction; transportation; mining and quarrying; prostitution and pornography; forced and compulsory labor and debt bondage; forced participation in violence, criminal activity, and ethnic, religious, and political conflicts; and involvement in drug peddling.

Many children worked as beggars, street peddlers, and domestic servants in urban areas. Children also worked in the agricultural sector and in mines. Boys were forced to work as laborers on farms, in restaurants, for small businesses, in granite mines, and as street peddlers and beggars. Girls worked involuntarily as domestic servants and street peddlers.

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 law does not prohibit discrimination in employment and occupation based on race, sex, religion, political opinion, gender, disability, language, sexual orientation, gender identity, age, HIV-positive status, or social status. The government did not effectively address discrimination in employment or occupation. Penalties were not sufficient to deter violations.

Gender-based discrimination in employment and occupation occurred (see section 6, Women). No laws bar women from particular fields of employment, but women often experienced discrimination due to traditional and religious practices. Police regulations provide for special recruitment requirements and conditions of service applying to women, particularly the criteria and provisions relating to pregnancy and marital status.

NGOs expressed concern about discrimination against women in the private sector, particularly in access to employment, promotion to higher professional positions, and salary equity. According to credible reports, many businesses implemented a “get pregnant, get fired” policy. Women remained underrepresented in the formal sector but played active and vital roles in the informal economy, particularly in agriculture, processing of foodstuffs, and selling of goods at markets. Women employed in the business sector did not receive equal pay for equal work and often encountered difficulty in acquiring commercial credit or obtaining tax deductions or rebates as heads of households. Unmarried women in particular endured many forms of discrimination. Several states had laws mandating equal opportunity for women.

Employers frequently discriminated against people living with HIV/AIDs. The government spoke out in opposition to such discrimination, calling it a violation of the fundamental right to work.

e. Acceptable Conditions of Work

President Buhari signed legislation increasing the legal national monthly minimum wage. The minimum wage is still not higher than the poverty income level. Trade unions have protested the failure of the new minimum wage to keep up with inflation. Employers with fewer than 50 employees are exempt from this minimum, and the large majority of workers were not covered. Implementation of the minimum wage, particularly by state governments, remained sporadic despite workers’ protests and warning strikes. Penalties were not sufficient to deter violations.

The law mandates a 40-hour workweek, two to four weeks of annual leave, and overtime and holiday pay, except for agricultural and domestic workers. The law does not define premium pay or overtime. The law prohibits excessive compulsory overtime for civilian government employees.

The law establishes general health and safety provisions, some aimed specifically at young or female workers. The law requires employers to compensate injured workers and dependent survivors of workers killed in industrial accidents. The law provides for the protection of factory employees in hazardous situations. The law does not provide other nonfactory workers with similar protections. The law applies to legal foreign workers, but not all companies respected these laws. Penalties were not sufficient to deter violations.

By law workers may remove themselves from situations that endangered health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations.

The Ministry of Labor and Employment is responsible for enforcing these standards. The ministry did not effectively enforce occupational health and safety law and did not have a sufficient number of inspectors. The department is tasked to inspect factories’ compliance with health and safety standards, but it was underfunded, lacked basic resources and training, and consequently did not sufficiently enforce safety regulations at most enterprises, particularly construction sites and other nonfactory work locations. Labor inspections mostly occurred randomly but occasionally occurred when there was suspicion, rather than actual complaints, of illegal activity. In addition the government did not enforce the law strictly. Authorities did not enforce standards in the informal sector, which included the majority of workers.

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