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Italy

Executive Summary

The Italian Republic is a multiparty parliamentary democracy with a bicameral parliament consisting of the Chamber of Deputies and the Senate. The constitution vests executive authority in the Council of Ministers, headed by a prime minister whose official title is president of the Council of Ministers. The president of the Republic is the head of state and nominates the prime minister after consulting with political party leaders in parliament. Parliamentary elections in March 2018 were considered free and fair.

The National Police and Carabinieri (Gendarmerie or Military Police) maintain internal security. The Carabinieri report to the Ministry of Defense but are also under the coordination of the Ministry of Interior. They are primarily a domestic police force organized along military lines, with some overseas responsibilities. The National Police reports to the Ministry of Interior. The army is responsible for external security, but also has specific domestic security responsibilities such as guarding public buildings. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: violence or threats of violence targeting members of national/racial/ethnic minorities, including violence and threats of violence; refoulement; and the use of forced or compulsory or child labor.

The government investigated, prosecuted, and punished officials who committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Expression: Detention is legitimate only in case of serious violation of fundamental rights and hate crimes. Speech based on racial, ethnic, national, or religious discrimination is a crime punishable by up to 18 months in prison. Holocaust denial is an aggravating circumstance carrying additional penalties in judicial proceedings.

The law criminalizes insults against any divinity as blasphemy and penalizes offenders with fines from 51 to 309 euros ($56 to $340). There were no reports of enforcement of this law, or of convictions under it, during the year. On July 26, the municipal authorities of Saonara, near Padua, adopted rules penalizing public blasphemy with a 400-euro ($440) fine.

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

Violence and Harassment: The 2019 World Press Freedom Index, compiled by the

NGO Reporters without Borders (RSF), characterized the level of violence against reporters, including verbal and physical intimidation, by private actors as “alarming,” particularly in Campania, Calabria, Apulia, Sicily, Rome, Latium, and Lazio.

The RSF reported journalists increasingly self-censored due to pressure from politicians and organized crime networks. In January, Paolo Borrometi, a journalist collaborating with the newswire Agenzia Giornalistica Italia received a threatening letter, likely from an organized crime syndicate. Borrometi had previous around-the-clock police protection, because prosecutors believed an organized crime cell was planning to kill him for his investigations into its illicit business.

The 2019 report of the Partner Organizations to the Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists (PJSJ) voiced concerns over physical and verbal attacks on journalists by neo-fascist groups.

Although authorities generally did not participate in or condone violence or harassment against journalists, the RSF and the PJSJ condemned the former deputy prime minister for his hostile social media rhetoric about the media and journalists. On May 23, a group of riot police officers beat Stefano Origone, a reporter for the daily La Repubblica, with batons and kicked him while the journalist was covering clashes among demonstrators near a rally staged by far-right party CasaPound in Genoa. Origone suffered two broken fingers and one broken rib before another police officer stopped the beating, shouting “stop, stop, he’s a journalist.” Police opened an investigation into the incident and expressed regret.

On August 1, the National Federation of the Italian Press (FNSI) denounced the hostility towards journalists who questioned public officials. Valerio Muzio, a journalist for a leading daily La Repubblica, videotaped police intimidating him after they noticed he was filming former deputy prime minister Matteo Salvini’s son riding on a police jet ski, against regulations. On August 5, Chief of Police Franco Gabrielli opened an investigation into possible limitations on freedom of the press stemming from the incident. On August 4, the FNSI expressed solidarity for journalist Sandro Ruotolo, who criticized Salvini in a tweet and subsequently received threats via Twitter from other users.

Libel/Slander Laws: Libel and defamation are criminal offenses punishable by up to three years of imprisonment, which may be increased if directed against a politician or government official. Public officials brought cases against journalists under libel laws. Criminal penalties for libel were seldom carried out. On September 22, the Court of Cassation (Supreme Court) ruled, based on the European Convention on Human Rights, that journalists convicted of libel cannot be punished with imprisonment. Detention is legitimate only in case of serious violation of fundamental rights and hate crimes. In August former prime minister Matteo Renzi sued Antonio Padellaro, former editor of independent daily Fatto Quotidiano, for defamation based on his likening Renzi to the former deputy prime minister during a talk show.

On March 7, the ECHR condemned the country for the jail term given to former deputy editor of the daily Libero Alessandro Sallusti for the publication of some articles in 2007. In 2012 the Court of Cassation had upheld a conviction to 14 months in prison, considered incompatible with the EU Convention on Human Rights, and a 5,000-euro ($5,500) fine.

On June 11, the weekly magazine L’Espresso reported a Milan judge acquitted journalist Emiliano Fittipaldi of defamation charges filed by the former deputy prime minister for having stated during a television show that it was impossible “to deploy Navy ships and shoot at anybody who gets closer, as proposed by the former deputy prime minister in some instances.”

Nongovernmental Impact: The RSF noted many journalists from Rome and the south claimed the mafia and local criminal gangs pressured them. On August 15 in Sulmona, unidentified individuals burned the car of Claudio Lattanzio, a photojournalist for local daily Il Centro. The FNSI also reported threats from organized crime syndicates against journalists. During the year, according to an RSF report, approximately 20 journalists received around-the-clock police protection due to threats from organized crime, while 200 others received occasional protection in 2018. In February a journalist was attacked by a group while filming an investigative story on mafia clans in Abruzzo. The same journalist was previously attacked in late 2017 while he was investigating a different mafia clan’s alleged support for radical group Casa Pound in the Roman coastal town of Ostia.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. The National Center for the Fight against Child Pornography, part of the National Police, monitored websites for crimes involving child pornography.

Academic Freedom and Cultural Events

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

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: International humanitarian organizations accused the government of endangering migrants by encouraging Libyan authorities, through cooperation and resources, to rescue migrants at sea and return them to reception centers in Libya. Aid groups and international organizations deemed Libyan centers to have inhuman living conditions. On January 18, 117 persons drowned when the Italian Coast Guard referred their boat’s distress call to the Libyan Coast Guard, which did not respond. The boat was approximately 50 miles off the Libyan coast, which would have placed it in the Libyan search and rescue zone, when it sunk. Italian prosecutors investigated the Italian Coast Guard’s culpability in the incident and on February 7 determined that the Coast Guard acted in accordance with the law, and in line with its search and rescue procedures.

Media outlets reported some cases of violence against refugees. In July unknown attackers threw rocks at, and seriously injured, nine migrant farm workers on their way to work in fields near Foggia.

The International Organization for Migration (IOM), UNHCR, and NGOs reported labor exploitation of asylum seekers, especially in the agriculture and service sectors (see section 7.b.), and sexual exploitation of unaccompanied migrant minors (see section 6, Children).

The government uncovered corruption and organized crime in resources allotted for asylum seekers and refugees. On July 2, police arrested 11 members of four NGOs for alleged fraud and money laundering in the mismanagement of migration centers.

The government cooperated with UNHCR and other international and humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. The uncertainty of EU member states’ willingness to accept a share of migrant arrivals affected the willingness of authorities to protect migrants and asylum seekers brought to the country by rescue vessels.

Refoulement: Amnesty International and other NGOs accused the government of encouraging refoulement by pressuring NGOs to limit rescues of migrants in the Mediterranean Sea and encouraging the Libyan coast guard to take rescued migrants back to Libya. UNHCR did not classify this as refoulement but stated it was looking into the legality of the country’s actions. UNHCR did not consider Libya a “safe port” because it has not signed the applicable UN refugee conventions.

Access to Asylum: In December 2018 the previous government enacted a law sponsored by the interior minister at the time which was designed in part to reduce irregular migration to Italy and to remove humanitarian protection status for migrants. The passage of the law resulted in a higher percentage of denials of any form of protection for migrants. The law also closed the country’s ports to rescue ships the government suspected of communicating and coordinating maritime rescues off the coast of Libya with Libya-based traffickers. On January 31, a rescue ship flying the Dutch flag docked in Lampedusa without the government’s permission. Authorities arrested the ship’s captain, Carola Rackete, but released her and the ship when other EU countries agreed to relocate some of the asylum seekers. On May 20, six UN experts sent a letter to the government expressing concern for the security decree’s incompatibility with the right to life and the principle of nonrefoulement. On August 5, parliament approved a migration and security decree that empowers the Ministry of Interior to prohibit NGO migrant rescue ships suspected of collaborating with traffickers from entering the country’s territorial waters. With the formation of a new government coalition in September and Salvini’s departure from government, some security decrees were under review, and most NGO rescue ships were again allowed to dock in Italian ports. From January to November 7, authorities registered 9,944 new seaborne arrivals. Between August 2018 and July 2019, the Ministry of Interior expelled 6,862 illegal migrants.

NGOs and independent observers identified difficulties in asylum procedures, including inconsistency of standards applied in reception centers and insufficient referral rates of trafficking victims and unaccompanied minors to adequate services.

Regional adjudication committees took an average of six months to process asylum claims. If a case was legally appealed, the process could last up to two years. Authorities closed the largest migration centers in Sicily and Lazio, where service provided to asylum seekers was not always adequate. On July 31, migration centers hosted 105,000 migrants, a 34-percent decrease from the previous year. From January to June, the government received 16,865 asylum requests.

Safe Country of Origin/Transit: The country is party to the EU’s Dublin III Regulation and its subsequent revisions, which identifies the member state responsible for examining an asylum application based primarily on the first point of irregular entry.

Freedom of Movement: The law permits authorities to detain migrants and asylum seekers in identification and expulsion centers for up to 180 days if authorities decide they pose a threat to public order or if they may flee from an expulsion order or pre-expulsion jail sentence. The government paired efforts to reduce migrant flows through the Mediterranean Sea on smuggler vessels with restrictions on freedom of movement for up to 72 hours after migrants arrived in reception centers.

Employment: According to the Federation of Agroindustrial Workers–an affiliate of the Italian General Labor Confederation (CGIL)–and other labor unions and NGOs, employers continued to discriminate against refugees in the labor market, taking advantage of weak enforcement of legal protections against exploitation of noncitizens. High unemployment in the country also made it difficult for refugees to find legal employment.

Access to Basic Services: Authorities set up temporary housing for refugees, including high-quality centers run by local authorities, although many were in larger centers of varying quality, including repurposed facilities such as old schools, military barracks, and residential apartments. UNHCR, the IOM, and other humanitarian organizations and NGOs reported thousands of legal and irregular foreigners, including refugees, were living in abandoned, inadequate, or overcrowded facilities in Rome and other major cities. They also reported refugees had limited access to health care, legal counseling, basic education, and other public services.

Some refugees working in the informal economy could not afford to rent apartments, especially in large cities. They often lived in makeshift shacks in rural areas or squatted in buildings where they lived in substandard conditions. On July 30, police forcibly evicted 400 persons, including refugees, squatting in a building in the outskirts of Turin originally built to host Olympic athletes. NGOs and advocacy groups alleged the Rome municipal government failed to provide alternative public housing for evicted persons, including refugees with legal status.

On June 6, hosted refugees and other migrants in Frosinone staged a demonstration against the reduction of the daily allowance provided by the government to asylum seekers in which two police were injured. On September 2, refugees and other migrants joined Italians in Foggia, Puglia, to organize a sit-in inside the building where the territorial committee meets to adjudicate asylum. Protesters drew attention to the lack of services and asked for greater scrutiny of labor exploitation in southern Italy.

Durable Solutions: The government’s limited attempts to integrate refugees into society produced mixed results. The government offered refugees whose asylum was granted resettlement services. The government and the IOM assisted migrants and refugees who opted to return to their home countries.

Temporary Protection: Between January and September, the government provided humanitarian protection to 16,761 persons and subsidiary protection to 2,614 persons.

Section 3. Freedom to Participate in the Political Process

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

Elections and Political Participation

Recent Elections: National and international observers considered the March 2018 national elections free and fair. The observation mission to the elections from the Organization for Security and Cooperation in Europe reported they were competitive and pluralistic and provided voters with a wide range of candidates. The mission noted that while the campaign was conducted with respect for fundamental freedoms, it was confrontational and at times characterized by discriminatory stereotyping and intolerant rhetoric targeting immigrants, including on social media.

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government sometimes implemented the law effectively. Officials sometimes engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year.

Corruption: On February 25, a Rome court sentenced former Rome mayor Gianni Alemanno to six years in prison and a lifetime ban on holding public office for corruption and for accepting illegal funds from an organized crime clan that obtained lucrative public contracts.

Financial Disclosure: The law requires members of parliament to disclose their assets and incomes. The two parliamentary chambers publish a bulletin containing parliamentarians’ information (if agreed to by each member of parliament) on their public websites. The law stipulates that the president of each chamber may order noncompliant members to submit their statements within 15 days of their request but provides for no other penalties. Ministers must disclose their information online.

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. While government officials were generally cooperative and responsive to their views, former minister Salvini alleged some foreign NGOs conducting search and rescue activities in the central Mediterranean coordinated their activities with human traffickers.

Government Human Rights Bodies: The Ministry of Foreign Affairs’ Interministerial Committee for Human Rights and the Senate’s Human Rights Committee focused on international and high-profile domestic cases. The National Office to Combat Racial Discrimination under the Department of Equal Opportunity in the Prime Minister’s Office assisted victims of discrimination.

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

Women

Rape and Domestic Violence: A new violence against women law adopted on July 17 imposes harsher penalties for crimes of domestic and gender-based violence. The law penalizes rape, including spousal rape, with six to 12 years in prison. The law criminalizes the physical abuse of women (including by family members), provides for the prosecution of perpetrators of violence against women, and helps shield abused women from publicity. Judicial protective measures for violence occurring within a family allow for an ex parte application to a civil court judge in urgent cases. A specific law on stalking includes mandatory detention for acts of sexual violence, including by partners. Police officers and judicial authorities prosecuted perpetrators of violence against women, but survivors frequently declined to press charges due to fear, shame, or ignorance of the law.

Between January and June, 39 women were killed by domestic partners. On March 15, a man killed his wife and then committed suicide in Castelvetrano after she asked for a divorce.

Two sentences in March in cases of violence against women were considered too lenient because they were based on crimes of passion. In Bologna the court of appeal reduced a sentence from 30 years to 16 because the person convicted appeared to have acted in “strong emotional and passionate turmoil.” In a second case, magistrates in Genoa also reduced from 30 years to 16 the sentence for a man who killed his wife because they considered he had a “strong sense of anger, disappointment, and resentment.”

The Department of Equal Opportunity operated a hotline for victims of violence seeking immediate assistance and temporary shelter. It also operated a hotline for stalking victims.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C and it is punishable by up to 12 years’ imprisonment, even if the crime is committed abroad. Cases of FGM/C occurred in some immigrant communities. Experts estimated that between 60,000 and 80,000 women were victims of genital mutilation and that most mutilations were performed outside the country. The European Institute for Gender Equality estimated that 15 to 24 percent of girls originating from countries where FGM/C is practiced were at risk of FGM/C in the Italy. Prosecutors often depended on coverage by NGOs and self-reporting from the migrant community to identify and prosecute FGM/C.

Sexual Harassment: Minor cases of verbal sexual harassment in public are punishable by up to six months’ incarceration and a fine of up to 516 euros ($568). By law, gender-based emotional abuse is a crime. The government effectively enforced the law. Police investigated reports of harassment.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Women have the same legal status and rights as men, and the government enforced laws prohibiting discrimination in all sectors. Women nonetheless experienced widespread discrimination, particularly with respect to employment (also see section 7.d. regarding pay disparities between genders).

Children

Birth Registration: A child acquires citizenship automatically when one of the parents is a citizen, when the parents of children born in the country are unknown or stateless, when parents are foreigners from countries of origin that do not give citizenship to their children born abroad, when a child is abandoned in the country, and when the child is adopted. Local authorities require registration immediately after birth.

Child Abuse: Sexual abuse of minors is punishable by six to 24 years in prison, depending on the age of the child. The NGO Telefono Azzurro reported 4,210 cases of child abuse and 66 missing children cases in 2018. Approximately 5,700 persons, mostly teenagers, contacted its help center through social media. The government implemented prevention programs in schools, promptly investigated complaints, and punished perpetrators.

Early and Forced Marriage: The minimum age for marriage is 18, but juvenile courts may authorize marriages for individuals as young as 16. Forced marriage is punishable by up to five years in prison, or six years if it involves a minor under the age of 18. Forced marriage even for religious reasons is also penalized. In a report released in February, the NGO ECPAT International estimated the rate of illegal child marriages (within the community, but not recognized by law) in the shantytowns of Rome to be as high as 77 percent.

Sexual Exploitation of Children: Authorities enforced laws prohibiting sexual exploitation, the sale of children, offering or procuring a child for prostitution, and practices related to child pornography. Independent observers and the government estimated at least 5,000 foreign minors were victims of sexual exploitation. On April 3, a Bari court convicted two men respectively to six year and six months and five years and six months in prison for exploiting at least four minors as sex workers between 2010 and 2017. According to the Department of Equal Opportunity, the number of assisted minor victims of trafficking increased from 199 in 2017 to 215 in 2018.

There were reports of child pornography. On June 21, the Postal Police (under the National Police) announced an operation conducted in 10 regions to dismantle a network responsible for exchanging and selling pornographic material showing minors online and using two WhatsApp groups to entice new victims. Authorities investigated 51 persons. In 2018 Postal Police reported 532 persons allegedly involved in child sexual abuse or sexual exploitation, of whom 43 were arrested.

Save the Children Italy reported 263 minors were victims of labor exploitation and approximately 2,210 minors were victims of child trafficking, mostly for sexual exploitation, in five of the country’s 20 regions.

The minimum age for consensual sex is 14 or 13 if the partner is under the age of 18 and the age gap is less than three years.

Displaced Children: The Ministry of the Interior reported 1,335 unaccompanied minors arrived in the country between January and November 4. As of June 30, the Ministry of Labor and Social Policies reported 7,272 unaccompanied minors, of whom 93 percent were boys, present in the country. It also reported approximately 5,314 minors previously registered at reception centers were reported missing in 2018, putting them at risk of labor and sexual exploitation.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

There were approximately 28,000 Jews in the country. The law criminalizes the public display of the fascist stiff-armed Roman salute and the sale or display of fascist or Nazi memorabilia. Violations can result in six months’ to two years’ imprisonment, with an additional eight months if fascist or Nazi memorabilia are sold online. On July 9, police arrested Fabio Carlo D’Allio, leader of the far-right group Legio Subalpina, for possession of weapons of war and seized knives and other weapons after raiding the homes of 10 other rightist militants.

Anti-Semitic societal prejudices persisted. Some extremist fringe groups were responsible for anti-Semitic remarks and actions, including vandalism and publication of anti-Semitic material on the internet. The Observatory on Anti-Semitism of the Foundation Jewish Contemporary Documentation Center (the Center) reported 158 anti-Semitic incidents between January and August 7, but no violent assaults.

Internet hate speech and bullying were the most common forms of anti-Semitic attacks, according to the center. On August 7, the center reported 105 cases of insults on the internet and 181 cases of graffiti or vandalism against Jewish residents. Most episodes occurred during Jewish holidays or celebrations. Anti-Semitic slogans and graffiti appeared in some cities, including Rome, Forli, and Livorno.

On October 30, the Senate approved a proposal from Senator for Life and Holocaust survivor Liliana Segre to establish an extraordinary committee to fight intolerance, anti-Semitism and hate crimes; however, 98 center-right senators abstained in the vote. Segre, who was expelled from school for her religion in 1938 and sent to the Nazi Auschwitz camp in 1943, noted that, “there is a mounting wave of racism and intolerance that should be stopped in all possible ways.” Subsequently, in November, the Milan prefect gave Segre a police escort after she received a wave of threats and was the target of anti-Semitic hate speech on social media culminating in a few days when Segre and her family received more than 200 hate messages per day, including statements denying the Holocaust.

On February 13, in northwestern Italy, a man insulted a Jew walking with his son and stole his kippah. When the victim reacted, the man slapped him twice and shouted anti-Semitic remarks at him.

More than 2,000 police officers guarded synagogues and other Jewish community sites in the country.

Trafficking in Persons

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

Persons with Disabilities

The law protects the rights of persons with disabilities. The government enforced these provisions, but there were incidents of societal and employment discrimination. Although the law mandates access to government buildings and public transportation for persons with disabilities, physical barriers continued to pose challenges.

On June 20, police arrested 13 persons accused of mistreating a group of persons with disabilities in a rehabilitation center in Novi Ligure.

National/Racial/Ethnic Minorities

Governmental and societal violence and discrimination against ethnic minorities, including Roma, Sinti, and the nomadic Caminanti, remained a problem. There were reports of discrimination based on race or ethnicity in employment (see section 7.d.).

The press and NGOs reported cases of incitement to hatred, violent attacks, forced evictions from unauthorized camps, and mistreatment by municipal authorities. In February the press reported that the country’s intelligence agency warned parliament that racism and xenophobia were threats the country could face and that attacks on migrants and minorities could rise ahead of European elections in May.

On May 10, national and local police forcibly evacuated a former fireworks production facility hosting a Romani camp near Naples. More than 450 persons had illegally occupied the facility since 2016 in the absence of alternative housing. On May 21, the ECHR, after hearing a complaint by some of those affected with the support of the NGO Associazione 21 Luglio and the European Roma Rights Center, ordered the national government to provide temporary housing to 10 families; on June 5, the ECHR determined that the government had complied.

In June then-interior minister Salvini announced he planned to conduct a “census” of the Romani community and to take steps to expel noncitizen Roma. According to the Associazione 21 Luglio, housing remained a serious concern for the country’s 25,000 Roma, most of whom came from Balkan countries. A total of 15,000 persons lived in 127 authorized camps, and another 9,600, mainly Romanians and Bulgarians, lived in informal encampments primarily in Lazio and Campania.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, nationality laws, and access to government services and the government enforced the law effectively. NGOs advocating for LGBTI rights reported instances of societal violence, discrimination, and hate speech.

The press reported isolated cases of violence against gay and lesbian couples during the year. On June 23, a man assaulted and injured two Brazilian gay men in Pescara. When LGBTI persons reported crimes, the government investigated, but in some cases failed to identify the perpetrators.

Other Societal Violence or Discrimination

In March media reported that a Muslim woman wearing a hijab was riding a public bus in Turin when a local woman verbally and physically attacked her, including violently ripping the hijab off her head.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to establish and join independent unions, bargain collectively, and conduct legal strikes. Antiunion discrimination is illegal, and employees fired for union activity have the right to request reinstatement, provided their employer has more than 15 workers in a unit or more than 60 workers in the country.

The law prohibits union organization of the armed forces. The law mandates that strikes affecting essential public services (such as transport, sanitation, and health services) require longer advance notification than in other sectors and prohibits multiple strikes within days of each other in those services. The law only allows unions that represent at least half of the transit workforce to call a transit strike.

The government effectively enforced these laws. Employers who violate the law are subject to fines, imprisonment, or both. These penalties were generally sufficient to deter violations, although administrative and judicial procedures were sometimes subject to lengthy delays. Judges effectively sanctioned the few cases of violations.

The government and employers generally respected freedom of association and the right to bargain collectively, although there were instances in which employers unilaterally annulled bargaining agreements. Employers continued to use short-term contracts and subcontracting to avoid hiring workers with bargaining rights.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced the law. Penalties for violations were sufficiently stringent to deter violations. The actual sentences given by courts for forced and compulsory labor, however, were significantly lower than those provided by law. The law provides stiff penalties for illicit intermediaries and businesses that exploit agricultural workers, particularly in the case of forced labor but also in cases of general exploitation. It identifies the conditions under which laborers may be considered exploited and includes special programs in support of seasonal agricultural workers. The law punishes illegal recruitment of vulnerable workers and forced laborers (the so-called caporalato). Penalties range from fines to the suspension of a company’s license to conduct commercial activities. In 2018, the most recent year for which data were available, the Ministry of Labor and Social Policies dedicated an increased amount of attention to this problem. Government labor inspectors and the Carabinieri carried out 7,160 inspections of agricultural companies, and identified 5,114 irregular workers, of which 3,349 were undeclared workers (off the books) and 263 were foreign workers without residence permits. These irregularities remained substantially in line with 2016 and 2017 figures.

Forced labor occurred. According to NGO reporting, workers were subjected to debt bondage in construction, domestic service, hotels, restaurants, and agriculture, especially in the south. There continued to be anecdotal evidence that limited numbers of Chinese nationals were forced to work in textile factories, and that criminal groups coerced persons with disabilities from Romania and Albania into begging. A migrant encampment outside of San Ferdinando in Reggio Calabria province hosted approximately 2,000 migrants earning approximately 0.50 euros ($0.55) per crate of picked oranges. There were also limited reports that children were subjected to forced labor (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 law prohibits employment of children under the age of 16. There are specific restrictions on employment in hazardous or unhealthy occupations for minors, such as activities involving potential exposure to hazardous substances, mining, excavation, and working with power equipment. Government enforcement was generally effective, and penalties were sufficient to deter violations in the formal economy. Enforcement was not effective in the relatively extensive informal economy, particularly in the south and in family-run agricultural businesses.

There were some limited reports of child labor during the year, primarily in migrant or Romani communities. In 2018 labor inspectors and Carabinieri officers identified 263 underage laborers, compared with 220 in 2017. The number of irregular migrants between the ages of 15 and 18 entering the country by sea from North Africa decreased. According to the Ministry of the Interior, the number of unaccompanied minors arriving by sea dropped from 3,536 in 2018 to 1,335 between January and November 4. Most of these minors were from Sub-Saharan Africa. The majority arrived in Sicily, and many remained there in shelters, while others moved to other parts of the country or elsewhere in Europe.

The law provides for the protection of unaccompanied foreign minors and creates a system of protection that manages minors from the time they arrive in the country until they reach the age 21 and can support themselves. As of June the Ministry of Labor and Social Policies had identified 7,272 unaccompanied minors, of whom 4,736 had left the shelters assigned to them. Of those assisted, 93 percent were boys and 86 percent were 16 or 17 years old. Girls were 7 percent of the total, of which 32 percent came from Nigeria. This group was especially vulnerable to sexual abuse and violence.

The Ministry of Labor and Social Policies recognized that unaccompanied minors were more vulnerable to becoming child laborers in agriculture, bars, shops, and construction and worked to prevent exploitation by placing them in protected communities that provided education and other services. The law also created a roster of vetted and trained voluntary guardians at the juvenile court-level to help protect unaccompanied minors. According to a report by Save the Children, elements of the law have yet to be fully implemented across the country, although significant progress was made. More than 4,000 volunteers became guardians and supported migrants integrating into local communities.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation. There were some media reports of employment discrimination based on race or ethnicity. Unions criticized the government for providing insufficient resources to the National Anti-Racial Discrimination Office to intervene in discrimination cases, and for the lack of adequate legal measures to address new types of discrimination Penalties were generally sufficient to deter violations but the number of inspections was insufficient to guarantee adequate implementation.

Discrimination based on gender, religion, disability, sexual orientation, and gender identity also occurred. The government implemented some information campaigns, promoting diversity and tolerance, including in the workplace.

In many cases victims of discrimination were unwilling to request the forms of protection provided by employment laws or collective contracts, according to labor unions. According to Eurostat, in 2017 women’s gross hourly earnings were on average 5 percent lower than those of men performing the same job.

e. Acceptable Conditions of Work

The law does not provide for a minimum wage. Instead, collective bargaining contracts negotiated between unions and employers set minimum wage levels for different sectors of the economy.

Unless limited by a collective bargaining agreement, the law sets maximum overtime hours in industrial firms at no more than 80 hours per quarter and 250 hours annually. The law prohibits compulsory overtime and provides for paid annual holidays. It requires rest periods of one day per week and 11 hours per day. The law sets occupational safety and health standards and guidelines for compensation for on-the-job injuries. Responsibly for identifying unsafe situations remains with occupational safety and health experts.

The Ministry of Labor and Social Policies is responsible for enforcement and, with regular union input, effectively enforced standards in the formal sector of the economy. Labor standards were partially enforced in the informal sector, especially in agriculture, construction, and services, which employed an estimated 16 percent of the country’s workers.

Resources, inspections, and remediation were generally adequate to ensure compliance in the formal sector only. Penalties were not enough to deter all violations.

In 2018 labor inspectors and Carabinieri officers inspected 144,163 companies (including agricultural companies), identifying 162,932 individual workers whose terms of employment were in violation of labor laws. Of these, 42,306 were undeclared (off the books), and 1,332 were irregular migrants. The National Labor Inspectorate found 15,641 violations of regulations on working hours and suspended 8,789 companies for the specific violation of employing more than 20 percent of their workers without a formal contract, compared with 6,932 companies in 2017.

Informal workers were often exploited and underpaid, worked in unhygienic conditions, or were exposed to safety hazards. According to the CGIL, such practices occurred in the service, construction, and agricultural sectors.

In 2018 the Association of Artisans and Small Businesses of Mestre estimated there were approximately three million irregular workers in the country, 40 percent of whom were based in southern regions. Some areas of Calabria, Puglia, Campania, and Sicily reported significant numbers of informal foreign workers living and working in substandard or unsafe conditions.

Mexico

Executive Summary

Mexico is a multiparty federal republic with an elected president and bicameral legislature. Andres Manuel Lopez Obrador of the National Regeneration Movement won the presidential election in July 2018 in generally free and fair multiparty elections and took office in December 2018. Citizens also elected members of the Senate and the Chamber of Deputies, governors, state legislators, and mayors.

The National Guard and federal, state, and municipal police are responsible for enforcing the law and maintaining order. The National Guard, created in March, is a civilian institution reporting to the Secretariat of Public Security and Civil Protection. The Federal Police are scheduled to be subsumed into the National Guard by 2020, but in the interim remain under the Public Security Secretariat and National Security Commission. The bulk of National Guard personnel consist of seconded army and navy elements that have an option to return to their services after five years. State preventive police report to state governors, while municipal police report to mayors. The Secretariat of National Defense and Secretariat of the Navy also play a role in domestic security, particularly in combating organized criminal groups. The constitution grants the president the authority to use the armed forces for the protection of internal and national security, and the courts upheld the legality of the armed forces’ role in undertaking these activities in support of civilian authorities. The National Migration Institute, under the authority of the Interior Secretariat, is responsible for enforcing migration laws and protecting migrants. Although authorities generally maintained effective control over the security forces, there were instances in which elements of security forces acted independently of civilian control.

Significant human rights issues included reports of the involvement by police, military, and other government officials and illegal armed groups in unlawful or arbitrary killings, forced disappearance, and torture; harsh and life-threatening prison conditions in some prisons; impunity for violence against human rights defenders and journalists; violence targeting persons with disabilities and lesbian, gay, bisexual, transgender, and intersex persons.

Impunity for human rights abuses remained a problem, with extremely low rates of prosecution for all crimes. The government’s federal statistics agency (INEGI) estimated 94 percent of crimes were either unreported or not investigated.

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, and the government generally respected this right. Most newspapers, television stations, and radio stations were privately owned. The government had minimal presence in the ownership of news media but remained a significant source of advertising revenue for many media organizations, which at times influenced coverage. Media monopolies, especially in small markets, could constrain freedom of expression.

Violence and Harassment: Journalists were killed or subject to physical and cyberattacks, harassment, and intimidation (especially by state agents and transnational criminal organizations) in response to their reporting. This limited media’s ability to investigate and report, since many of the reporters who were killed covered crime, corruption, and local politics. According to the NGO Committee to Protect Journalists, as of August 31, 10 journalists had been killed because of their reporting.

Perpetrators of violence against journalists acted with impunity. According to the NGO Article 19, as of February the impunity rate for crimes against journalists was 99 percent. In 2018 there were 544 attacks against journalists, according to Article 19. Since its creation in 2010, the Office of the Special Prosecutor for Crimes Against Journalists (FEADLE), a unit in the Attorney General’s Office, secured only 10 convictions for various related crimes, and only one for murder, in the 1,077 cases it investigated. Only 16 percent of the cases FEADLE investigated were taken to court. As of September, FEADLE had not opened any new cases, reportedly in an effort to focus on bringing existing investigations to trial.

Government officials believed organized crime to be behind most of the attacks against journalists, but NGOs asserted there were instances when local government authorities participated in or condoned the acts. According to Article 19, in 2018, 42 percent of physical attacks against journalists originated with public officials. Although 75 percent of those came from state or local officials, federal officials and members of the armed forces were also suspected of being behind 7 percent of attacks against journalists.

There were no developments in the 2017 killing of Miroslava Breach, a prominent newspaper correspondent who reported on organized crime and corruption. In March, Undersecretary for Human Rights Alejandro Encinas stated the federal government was “aiding” the state prosecutor in the case, ultimately affirming it would remain with state prosecutors.

In January the UN Human Rights Committee declared the government responsible for violating journalist Lydia Cacho’s human rights, including subjecting her to acts of torture in 2005 after she exposed government corruption and a pedophile ring, and for shortcomings in the investigation. In response, on April 11, FEADLE issued arrest warrants against former Puebla governor Mario Marin Torres, Kamel Nacif, Juan Sanchez Moreno, and Hugo Adolfo Karam for their role as masterminds of the acts of torture against Cacho. As of September all four remained fugitives. In July, two assailants entered Cacho’s home, poisoned her dogs, and stole research material–including 10 hard drives containing information on pedophile rings, both the one she exposed in 2005 and a new case she was working on. Article 19 referred to the incident as “an act of reprisal for her work as a defender of free speech.”

In August, Cacho fled the country due to fear for her safety, declaring herself “in a situation of forced displacement.” Article 19 stated, “Lydia Cacho was forced to leave the country in the face of not receiving the minimal conditions of security to carry out her job and continue the process of seeking justice for her arbitrary detention and torture perpetrated in 2005.”

Between 2012 and September 2019, the National Mechanism to Protect Human Rights Defenders and Journalists received 976 requests for protection for journalists and human rights defenders. Since 2018 five journalists with protective measures from the Mechanism were killed, including two during the year. In January, Rafael Murua, under Mechanism protection, was shot and killed in Baja California Sur. Police arrested three individuals in connection with the case. In May journalist Francisco Romero was beaten, shot, and killed in Quintana Roo. He had received threats–including from local police–after exposing corruption of local authorities. Both victims had government-issued panic buttons. After these killings, the OHCHR representative in Mexico, Jan Jarab, said the Mechanism merited a “deep reflection” and added, “These cases show that violence against human rights defenders and journalists is deeply rooted and structural changes are needed.”

Censorship or Content Restrictions: Human rights groups reported some state and local governments censored the media. Journalists reported altering their coverage due to a lack of protection from the government, attacks against members of the media and newsrooms, and threats or retributions against their families, among other reasons. There were reports of journalists practicing self-censorship due to threats from criminal groups and government officials.

In March 2018 Article 19 reported the government, despite reductions in its advertising budgets, continued to have a strong financial impact and influence on the largest media companies.

Libel/Slander Laws: There are no federal criminal laws against defamation, libel, or slander; however, eight states have criminal laws on these acts. In Baja California Sur, Guanajuato, Michoacan, Nayarit, Nuevo Leon, and Yucatan, the crime of defamation is prosecuted, with penalties ranging from three days to five years in prison and fines ranging from five to 500 days of minimum salary for committing defamation or slander, both considered “crimes against honor.” Slander is punishable under the criminal laws of the states of Campeche, Colima, Guanajuato, Hidalgo, Michoacan, Nayarit, Nuevo Leon, Sonora, Yucatan, and Zacatecas with sentences ranging from three months to six years in prison and monetary fines. Five states have laws that restrict the publishing of political caricatures or “memes.” These laws were seldom applied.

In May the Supreme Court struck down a law in the state of Nayarit penalizing slander. The court ruled the law violated freedom of expression.

Nongovernmental Impact: Organized criminal groups exercised a grave and increasing influence over media outlets and reporters, threatening individuals who published critical views of crime groups. Concerns persisted about the use of physical violence by organized criminal groups in retaliation for information posted online, which exposed journalists, bloggers, and social media users to the same level of violence faced by traditional journalists.

Internet Freedom

The government did not restrict or disrupt access to the internet or block or filter online content. Freedom House’s 2018 Freedom on the Net report categorized the country’s internet as partly free, noting concerns about illegal surveillance practices in the country and violence against online reporters.

According to Freedom House, the country remained very dangerous for journalists, and at least four digital reporters were killed in 2018. Digital media journalists covering sensitive stories such as crime, corruption, and human rights violations experienced physical and technical violence.

NGOs alleged provisions in secondary laws threatened the privacy of internet users by forcing telecommunication companies to retain data for two years, providing real-time geolocation data to police, and allowing authorities to obtain metadata from private communications companies without a court order. While the Supreme Court upheld the provisions, it noted the need for authorities to obtain a judicial warrant to access user metadata.

Article 19 noted that according to Google Transparency reports between 2012 and June 2018, the executive and judiciary branches filed 111 requests to remove content from the web, including two instances in which the reason cited was “criticism to government.”

According to Freedom House, “No significant advances were made to investigate” illegal surveillance that took place in 2017 via a sophisticated surveillance software program, Pegasus, presumably targeting human rights defenders, anticorruption activists, and prominent journalists.

In March the Guadalajara-based Jesuit university ITESO released a study detailing “attacks and smear campaigns aimed at journalists and media outlets who have a critical stance against the government.” The study suggested the creators of the attacks and campaigns employed a massive use of bots that created artificial trending topics on Twitter to invite users to defend President Lopez Obrador and attack his critics.

Academic Freedom and Cultural Events

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

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. There were some reports of security forces using excessive force against demonstrators. Twelve states have laws that restrict public demonstrations.

c. Freedom of Religion

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

d. Freedom of Movement

Federal law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

In-country Movement: There were numerous instances of armed groups limiting the movements of migrants, including by kidnappings and homicides.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The press and NGOs reported victimization of migrants by criminal groups and in some cases by police, immigration officers, and customs officials. In September the Migrant Organizations Network (Redodem, a group of NGOs that shelter migrants) reported that in 2018, federal, state, and municipal police, as well as military forces, committed at least 865 crimes against migrants. Redodem registered 542 robberies committed by authorities, 131 cases of abuse of authority, 83 extortions, 46 injuries, 26 acts of intimidation, eight illegal detentions, and six acts of bribery, among others. According to the report, federal police agents committed 297 incidents, followed by municipal police (266), the state police (179), migration agents (102), the army (18), and the navy (four).

Government and civil society sources reported Central American gang presence spread farther into the country and threatened migrants who had fled the same gangs in their home countries. There were media reports that criminal groups kidnapped undocumented migrants to extort money from their relatives or force them into committing criminal acts on the groups’ behalf.

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

Access to Asylum: Federal law provides for granting asylum or refugee status and complementary protection. The government has an established procedure for determining refugee status and providing protections. From January to August 10, the Mexican Commission to Assist Refugees received 42,788 petitions, a 230 percent increase over the same period in 2018.

The government worked with UNHCR to improve access to asylum and the asylum procedure, reception conditions for vulnerable migrants and asylum seekers, and integration (access to school and work) for those approved for refugee and complementary protection status.

Section 3. Freedom to Participate in the Political Process

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

Elections and Political Participation

Recent Elections: International observers considered the July 2018 presidential, legislative, gubernatorial, and other local elections to be generally free and fair, with only minor reports of irregularities. Local commentators pointed to the electoral authorities’ quick and transparent publishing of results as increasing citizen trust in the electoral and democratic system as a whole.

During the electoral season (September 2017 to June 2018), 48 candidates were killed. In Guerrero, 14 candidates were killed, followed by five in Puebla. Of the victims, 12 were members of the Institutional Revolutionary Party, 10 belonged to the Party of the Democratic Revolution, seven to the National Regeneration Movement, six to the National Action Party, five to the Citizens’ Movement, two to the Ecologist Green Party of Mexico, and one each to the Social Encounter Party and the Labor Party; the remainder did not have a party affiliation. As of July the killings resulted in just one arrest. In comparison with the 2012 elections, there were 10 times more killings of 2018 candidates.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate. The law provides for the right of indigenous persons to elect representatives to local office according to “uses and customs” law (see section 6, Indigenous Peoples) rather than federal and state electoral law.

In May, Congress unanimously approved a constitutional reform on gender parity that establishes a requirement to observe parity in the designation of public officials at every level (federal, state, local) in all three branches of government. A majority of state legislatures approved the reform on June 4, and it came into force on June 7. The reform states the principle of gender parity should be observed in the designation of cabinet members, selection of candidates for public office by every political party, and designation of members of the judiciary. In accordance with the reform, the Senate elected Monica Fernandez president of the Senate for a year during the legislative session beginning September 1. She became the fourth woman to preside over the Senate and the first since 1999.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government took steps to enforce the law more effectively. In February, Congress approved a constitutional reform expanding the catalogue of crimes subject to pretrial detention to include acts of corruption (see section 1.d., Pretrial Detention). In December 2018 Congress also approved a constitutional reform, which came into force in March, to increase the number of illicit activities for which the government can seize assets, including acts of corruption.

On August 7, the Public Administration Secretariat launched a platform within its own website where persons can report cases of corruption. The platform allows citizens to report acts of corruption, human rights violations, and harassment in cases where public officials are involved. The secretariat responds to these reports based on three principles: guarantee of confidentiality, continuous monitoring of the case, and effective sanctioning.

Although by law elected officials enjoy immunity from prosecution while holding public office, state and federal legislatures have the authority to waive an official’s immunity. Of the 32 states, 17 followed this legal procedure to strip officials of immunity.

Corruption: The Attorney General’s Office opened a corruption investigation against Emilio Lozoya, former director of Petroleos Mexicanos (PEMEX), for receiving bribes in connection to the Odebrecht case. The Attorney General’s Office also obtained an arrest warrant against Lozoya’s mother, accused of money laundering, and on July 24, Interpol arrested her in Germany. As of September, Lozoya remained at large and was presumably out of the country. In a separate case, a judge ordered the detention of former social development minister Rosario Robles. On August 13, she was taken into custody pending criminal proceedings for her participation in an embezzlement scandal known as “Estafa Maestra,” arguing she was a flight risk. She was detained for two months while an investigation took place. She faced allegations of involvement in the disappearance of billions of pesos allocated for welfare programs during her tenure as minister.

Financial Disclosure: The law requires all federal- and state-level appointed or elected officials to disclose their income and assets, statements of any potential conflicts of interests, and tax returns. The Public Administration Secretariat monitors disclosures with support from each agency. Regulations require disclosures at the beginning and end of employment, as well as annual updates. The law requires declarations be made publicly available unless an official petition for a waiver to keep his or her file private. Criminal or administrative sanctions apply for abuses. President Lopez Obrador ordered all cabinet members to make their declarations public as a show of transparency. On July 9, the Coordinating Committee of the National Anti-Corruption System approved new formats for these asset disclosure statements. High-ranking public officials must include information related to their spouses and dependents to prevent conflicts of interest, but this information is to remain private. The new platform was scheduled to be operational by the end of the year.

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 mostly cooperative and responsive to their views, with the president, cabinet officials, or both meeting with human rights organizations, such as the OHCHR, IACHR, and the CNDH. Some NGOs alleged individuals who organized campaigns to discredit human rights defenders at times acted with tacit support from government officials. As of April the National Mechanism to Protect Human Rights Defenders and Journalists protected 790 individuals, 292 journalists, and 498 human rights defenders.

Government Human Rights Bodies: The CNDH is a semiautonomous federal agency created by the government and funded by the legislature to monitor and act on human rights violations and abuses. It may call on government authorities to impose administrative sanctions or pursue criminal charges against officials, but it is not authorized to impose penalties or legal sanctions. If the relevant authority accepts a CNDH recommendation, the CNDH is required to follow up with the authority to verify it is carrying out the recommendation. The CNDH sends a request to the authority asking for evidence of its compliance and includes this follow-up information in its annual report. When authorities fail to accept a recommendation, the CNDH makes that failure known publicly. It may exercise its power to call government authorities before the Senate who refuse to accept or enforce its recommendations.

All states have their own human rights commission. The state commissions are funded by state legislatures and are semiautonomous. State commissions did not have uniform reporting requirements, making it difficult to compare state data and therefore compile nationwide statistics. The CNDH may take on cases from state-level commissions if it receives a complaint that the state commission has not adequately investigated the case.

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

Women

Rape and Domestic Violence: Federal law criminalizes rape of men or women, including spousal rape, and conviction carries penalties of up to 20 years’ imprisonment. Spousal rape is criminalized in 24 states.

The federal penal code prohibits domestic violence and stipulates penalties for conviction of between six months’ and four years’ imprisonment. Of the 32 states, 29 stipulate similar penalties, although in practice sentences were often more lenient. Federal law criminalizes spousal abuse. State and municipal laws addressing domestic violence largely failed to meet the required federal standards and often were unenforced.

Killing a woman because of the victim’s gender (femicide) is a federal offense punishable by 40 to 60 years in prison. It is also a criminal offense in all states. According to Interior Secretariat statistics, in the first six months of the year, prosecutors and attorneys general opened 387 investigations into 402 cases of femicide throughout the country. (Statistics from state-level reports often conflated femicides with all killings of women.)

On November 7, anthropologist and human rights defender Raquel Padilla Ramos was killed by her domestic partner Juan Armando, in Ures, Sonora. On November 11, Armando pled guilty to femicide and was sentenced to 45 years in prison. He was also ordered to pay restitution to her family and an additional sum for pain and suffering.

The Special Prosecutor’s Office for Violence against Women and Trafficking in Persons in the Attorney General’s Office is responsible for leading government programs to combat domestic violence and prosecuting federal human trafficking cases involving three or fewer suspects. The office had 30 prosecutors, of whom nine were exclusively dedicated to federal cases of violence against women.

In addition to shelters, women’s justice centers provided services including legal, psychological, and protective; however, the number of cases far surpassed institutional capacity.

Sexual Harassment: Federal labor law prohibits sexual harassment and provides for fines from 250 to 5,000 times the minimum daily wage. Of the 32 states, 16 criminalize sexual harassment, and all states have provisions for punishment when the perpetrator is in a position of power. According to the National Women’s Institute, the federal institution charged with directing national policy on equal opportunity for men and women, sexual harassment in the workplace was a significant problem.

As of December 2018, Mexico City and the states of Chihuahua, Jalisco, Puebla, and Yucatan had criminalized the distribution of “revenge pornography” and “sextortion.” Individuals may be prosecuted if they publish or distribute intimate images, audio, videos, or texts without the consent of the other party. The sentence ranges from six months to four years in prison.

Coercion in Population Control: There were no confirmed reports of coerced abortion or involuntary sterilization.

Discrimination: The law provides women the same legal status and rights as men and “equal pay for equal work performed in equal jobs, hours of work, and conditions of efficiency.” The government did not enforce the law effectively. Women tended to earn substantially less than men did for the same work. Women were more likely to experience discrimination in wages, working hours, and benefits.

Children

Birth Registration: Children derived citizenship both by birth within the country’s territory and from their parents. Citizens generally registered the births of newborns with local authorities. Failure to register births could result in the denial of public services, such as education or health care.

Child Abuse: There were numerous reports of child abuse. The National Program for the Integral Protection of Children and Adolescents, mandated by law, is responsible for coordinating the protection of children’s rights at all levels of government.

Early and Forced Marriage: The legal minimum marriage age is 18. Enforcement, however, was inconsistent across the states. In April, Congress unanimously approved reforms to the law prohibiting child marriage. Excluding Baja California, which retained exceptions in its civil code, all states now prohibit marriage of persons younger than the age of 18 in their civil codes. The reforms came into force on June 4. Previously, some civil codes allowed girls to marry at 14 and boys at 16 with parental consent. With a judge’s consent, children may marry at younger ages.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, and authorities generally enforced the law. Nonetheless, NGOs reported sexual exploitation of minors, as well as child sex tourism in resort towns and northern border areas.

Statutory rape is a federal crime. If an adult is convicted of having sexual relations with a minor, the penalty is between three months and 30 years’ imprisonment depending on the age of the victim. Conviction for selling, distributing, or promoting pornography to a minor stipulates a prison term of six months to five years. For involving minors in acts of sexual exhibitionism or the production, facilitation, reproduction, distribution, sale, and purchase of child pornography, the law mandates seven to 12 years’ imprisonment and a fine.

Perpetrators convicted of promoting, publicizing, or facilitating sexual tourism involving minors face seven to 12 years’ imprisonment and a fine. Conviction for sexual exploitation of a minor carries an eight- to 15-year prison sentence and a fine.

Institutionalized Children: Civil society groups expressed concerns about abuse of children with mental and physical disabilities in orphanages, migrant centers, and care facilities.

International Child Abductions: The country is party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.

Anti-Semitism

The 67,000-person Jewish community experienced low levels of anti-Semitism, but there were reports of some anti-Semitic expressions through social media. Jewish community representatives reported good cooperation with the government and other religious and civil society organizations in addressing rare instances of such acts.

Trafficking in Persons

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

Persons with Disabilities

Federal law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government did not effectively enforce the law. The law requires the Secretariat of Health to promote the creation of long-term institutions for persons with disabilities in distress, and the Secretariat of Social Development must establish specialized institutions to care for, protect, and house poor, neglected, or marginalized persons with disabilities. NGOs reported authorities had not implemented programs for community integration. NGOs reported no changes in the mental health system to create community services nor any efforts by authorities to have independent experts monitor human rights violations in psychiatric institutions. Public buildings and facilities often did not comply with the law requiring access for persons with disabilities. The education system provided special education for students with disabilities nationwide. Children with disabilities attended school at a lower rate than those without disabilities.

Abuses in mental health institutions and care facilities, including those for children, were a problem. Abuses of persons with disabilities included the use of physical and chemical restraints, physical and sexual abuse, trafficking, forced labor, disappearance, and the illegal adoption of institutionalized children. Institutionalized persons with disabilities often lacked adequate medical care and rehabilitation services, privacy, and clothing; they often ate, slept, and bathed in unhygienic conditions. They were vulnerable to abuse from staff members, other patients, or guests at facilities where there was inadequate supervision. Documentation supporting the person’s identity and origin was lacking. Access to justice was limited.

Voting centers for federal elections were generally accessible for persons with disabilities, and ballots were available with a braille overlay for federal elections in Mexico City, but these services were inconsistently available for local elections elsewhere in the country.

Indigenous People

The constitution provides all indigenous peoples the right to self-determination, autonomy, and education. Conflicts arose from interpretation of the self-governing “normative systems” laws used by indigenous communities. Uses and customs laws apply traditional practices to resolve disputes, choose local officials, and collect taxes, with limited federal or state government involvement. Communities and NGOs representing indigenous groups reported that the government often failed to consult indigenous communities adequately when making decisions regarding development projects intended to exploit energy, minerals, timber, and other natural resources on indigenous lands. The CNDH maintained a formal human rights program to inform and assist members of indigenous communities.

The CNDH reported indigenous women were among the most vulnerable groups in society. They often experienced racism and discrimination and were often victims of violence. Indigenous persons generally had limited access to health care and education services.

On February 20, gunmen shot and killed Samir Flores Soberanes, an indigenous and environmental rights activist with the Peoples in Defense of the Earth and Waterfront. State attorney general officials in Morelos opened an investigation into the killing in June, stating they believed it was related to his work fighting against the Integral Morelos Project, which would build two thermoelectric plants and a natural gas pipeline through indigenous communities. Soberanes was slain several days prior to a public referendum on the project. On May 3, unknown assailants killed activists Otilia Martinez Cruz and Gregorio Chaparro Cruz in the indigenous territory of Coloradas de la Virgen, Chihuahua.

On February 20, two years after the killing of indigenous activist Isidro Baldenegro, authorities sentenced his killer to 11 years in prison. In 2005 Baldenegro received the Goldman Environmental Prize for his nonviolent efforts against illegal logging in Chihuahua.

In 2018, 14 environmental activists were killed, compared with 15 in 2017, according to a Global Witness Report. A majority of the victims came from indigenous communities. Since 2013, 10 activists were killed in areas of conflict ostensibly due to their opposition to logging. One victim was Julian Carrillo Martinez, killed in October 2018 despite allegedly receiving law enforcement protection. A suspect was on trial for his murder. Mining was also a motivation of violence against activists.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Federal law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals. A Mexico City municipal law provides increased penalties for hate crimes based on sexual orientation and gender identity. Civil society groups claimed police routinely subjected LGBTI persons to mistreatment while in custody.

Discrimination based on sexual orientation and gender identity was prevalent, despite a gradual increase in public tolerance of LGBTI individuals, according to public opinion surveys. There were reports the government did not always investigate and punish those complicit in abuses, especially outside Mexico City. A CNDH poll conducted during the year found six of every 10 members of the LGBTI community reported experiencing discrimination in the past year, and more than half suffered hate speech and physical aggression.

According to the OHCHR, in the first eight months of the year, there were 16 hate crime homicides in Veracruz, committed against nine transgender women and seven gay men.

Other Societal Violence or Discrimination

The Catholic Multimedia Center reported criminal groups targeted priests and other religious leaders in some parts of the country and subjected them to extortion, death threats, and intimidation. On August 22, Catholic priest Father Jose Martin Guzman was stabbed to death in his church in Matamoros. He was one of 26 priests killed in the past seven years, according to the center. On August 3, a Presbyterian minister was allegedly kidnapped from a migrant shelter he operated in Nuevo Laredo; as of October he had not been located. His disappearance was reportedly related to his refusal to allow cartels to recruit migrants from the shelter. No arrests were made in either case.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The government continued its efforts to strengthen freedom of association protections, promote union democracy, and improve the ability of workers to bargain collectively. On May 1, President Lopez Obrador signed a labor reform law aimed at ensuring workers may freely and independently elect union representatives and approve or reject collective bargaining agreements before they are implemented. Revisions to the constitution in 2017 envisioned independent labor courts to replace the system of conciliation and arbitration boards (CABs) and streamline the judicial process for labor disputes. The labor reforms passed during the year provide the implementing legislation for this new labor justice system and establish a four-year timeline for transfer. The government demonstrated its prioritization of labor reform through its commitment of budgetary resources and its regular issuance of implementing regulations to bring the new laws into force.

The government announced it would implement the labor reforms in a phased manner, beginning at the federal level and in 10 states in October 2020. In August unions began registering updated bylaws with the Secretariat of Labor and Social Protection and holding leadership elections under the terms of the labor reform. The registration process was scheduled to conclude in May 2020. The secretariat also began the process of having workers review and vote on the collective bargaining agreements under which they work following the procedures for free and fair elections under the new labor reform.

In September 2018 the Senate ratified International Labor Organization (ILO) Convention 98 on collective bargaining. By ratifying the convention, the government subjects itself to the convention’s oversight and reporting procedures. According to the independent unions, ratification also contributes to ensuring the institutions established as a result of the labor justice reform are, in law and practice, independent, transparent, objective, and impartial, with workers having recourse to the ILO’s oversight bodies to complain of any failure.

Federal labor law requires a minimum of 20 workers to form a union. To receive government recognition, unions must file for registration with the appropriate CAB or the Secretariat of Labor and Social Welfare. For the union to be able to function legally, its leadership must also register with the appropriate CAB or the secretariat. CABs operate under a tripartite system with government, worker, and employer representatives. Outside observers raised concerns that the boards did not adequately provide for inclusive worker representation and often perpetuated a bias against independent unions, in part because worker representation on the CABs was based on majority representation, which is held by “protection” unions. Protection unions and “protection contracts” were common in all sectors.

By law a union may call for a strike or bargain collectively in accordance with its own bylaws. Before a strike may be considered legal, a union must file a “notice to strike” with the appropriate CAB, which may find the strike is “nonexistent” and therefore illegal. The law prohibits employers from intervening in union affairs or interfering with union activities, including through implicit or explicit reprisals against workers. The law allows for reinstatement of workers if the CAB finds the employer fired the worker without just cause and the worker requests reinstatement; however, the law also exempts broad categories of employees from this protection, including so-called employees of confidence and workers who have been in the job for less than a year.

The government, including the CABs, did not consistently protect worker rights. The government’s common failure to enforce labor and other laws left workers with little recourse for violations of freedom of association, poor working conditions, and other labor problems. The CABs’ frequent failure to impartially and transparently administer and oversee procedures related to union activity, such as union elections, registrations and strikes, undermined worker efforts to exercise freely their rights to freedom of association and collective bargaining. For example, the government rejected registration applications for locals of independent unions, and for unions, based on technicalities.

Penalties for violations of freedom of association and collective bargaining laws were rarely applied and were insufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals.

According to several NGOs and unions, many workers faced violence and intimidation around bargaining-rights elections perpetrated by protection union leaders and employers supporting them, as well as other workers, union leaders, and vigilantes hired by a company to enforce a preference for a particular union. Some employers attempted to influence bargaining-rights elections through the illegal hiring of pseudo employees immediately prior to the election to vote for the company-controlled union. CABs were widely alleged to administer these elections with a bias against new, independent unions, resulting in delays and other procedural obstacles that impacted the results and undermined workers’ right to organize.

Other intimidation and manipulative practices were common, including dismissal of workers for labor activism. For example, 57 workers at a Goodyear factory in San Luis Potosi alleged they were fired after striking in April 2018 to demand better working conditions, wages, and authentic union representation. The workers claimed that because of their independent strike, a corporatist union had blackballed them from working in other factories.

b. Prohibition of Forced or Compulsory Labor

The constitution and the law prohibit all forms of forced or compulsory labor, but the government did not effectively enforce the law. While penalties for conviction of forced labor were sufficient to deter violations, very few cases reached the court system or were successfully prosecuted.

Forced labor persisted in the industrial and agricultural sectors, especially in the production of chili peppers and tomatoes, as well as in the informal sector. Women and children were subject to domestic servitude. Women, children, indigenous persons, and migrants (including men, women, and children) were the most vulnerable to forced labor. In July 2018 authorities identified 50 forced agricultural workers on three commercial tomato farms in Coahuila. Authorities in Coahuila freed an additional 25 forced agricultural workers–including nine children–from a chili pepper and tomato farm in August 2018. In both cases the victims reportedly lived in unsanitary conditions, worked excessive hours under the threat of dismissal, and received subminimum wage payments or no payment at all.

Day laborers and their children were the primary victims of forced and child labor in the agricultural sector. In 2016 INEGI reported 44 percent of persons working in agriculture were day laborers. Of the day laborers, 33 percent received no financial compensation for their work. Only 3 percent of agricultural day laborers had a formal written contract.

Indigenous persons in isolated regions reported incidents of forced labor, in which cartel members forced them to perform illicit activities or face death. Minors were recruited or forced by cartels to traffic persons, drugs, or other goods across the border. In July authorities in Chihuahua rescued 21 men who had been kidnapped and forced to grow marijuana and poppies, allegedly by the Sinaloa Cartel. Migrants were also recruited by criminal organizations to conduct illicit activities.

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. The constitution and the law prohibit children younger than age 15 from working and allows those ages 15 to 17 to work no more than six daytime hours in nonhazardous conditions daily, and only with parental permission and permission from the labor authority. The law requires children younger than 18 to complete compulsory basic education and to have a medical certificate to work. The minimum age for hazardous work, including all work in the agricultural sector, is 18. The law prohibits minors from working in a broad list of hazardous and unhealthy occupations.

The government was reasonably effective in enforcing child labor laws in large and medium-sized companies, especially in the export-oriented factory (maquiladora) sector and other industries under federal jurisdiction. Enforcement was inadequate in many small companies and in agriculture and construction, and nearly absent in the informal sector, in which most child laborers worked. In January the newspaper El Universal reported as many as 400 children were working on tomato and chili pepper farms near Coahuayana, Michoacan, receiving little education and earning very low wages.

Underage children in urban areas throughout the country earned money by begging, washing windshields, selling small items, or performing in public places for gratuities. In April authorities in Sinaloa announced they had identified 312 children who had been working in the streets of various cities. In the same month, two children from Chiapas were identified in Reynosa, Tamaulipas, while begging in the streets dressed as clowns. Authorities found the children had no relatives in the area and were possibly victims of human trafficking. In October 2018 authorities identified 63 persons, including 56 children, who had been forced to work in the streets of Oaxaca, and arrested 11 individuals on charges of human trafficking.

At the federal level, the Secretariat of Social Development, Attorney General’s Office, and National System for Integral Family Development share responsibility for inspections to enforce child labor laws and to intervene in cases in which employers violated such laws. The Secretariat of Labor is responsible for carrying out child labor inspections. Penalties for violations were not sufficiently enforced to deter violations.

According to a 2017 INEGI survey, the number of employed children ages five to 17 was 3.2 million, or approximately 11 percent of children in the country. This represented a decrease from 12.4 percent of children in the 2015 INEGI survey. Of these children, 7.1 percent were younger than the minimum age of work or worked under conditions that violated federal labor laws, such as performing hazardous work. Child labor was most common in the agricultural sector; children worked in the harvest of beans, chili peppers, coffee, cucumbers, eggplants, melons, onions, tobacco, and tomatoes, as well as in the production of illicit crops such as opium poppies. Other sectors with significant child labor included services, retail sales, manufacturing, and construction.

Also, see 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 constitution and the law prohibit discrimination with respect to employment or occupation. The federal labor law specifically proscribes discrimination on the basis of ethnicity, nationality, gender, age, handicap (or challenged capacity), social status, health, religion, immigration status, political opinion, sexual preference, marital status, or pregnancy. The government did not effectively enforce the law or regulations. According to a 2017 INEGI survey, 12 percent of women had been illegally asked to take a pregnancy test as a prerequisite to being hired. Job announcements specifying desired gender, age, marital status, and parental status were common.

INEGI reported in 2017 that 23 percent of working women experienced violence in the workplace within the past 12 months and 6 percent experienced sexual violence.

Penalties for violations of the law included administrative remedies, such as reinstatement, payment of back wages, and fines (often calculated based on the employee’s wages), and were not generally considered sufficient to deter violations. Discrimination in employment or occupation occurred against women, indigenous groups, persons with disabilities, LGBTI individuals, and migrant workers.

e. Acceptable Conditions of Work

The tripartite National Minimum Wage Commission is responsible for establishing minimum salaries. In December 2018 it unanimously approved the largest general minimum wage increase (16 percent) in 23 years and a doubling of the minimum wage in the economic zone along the border with the United States. Wages had stagnated since 1994, with the country’s minimum wage declining almost 20 percent in real terms. Despite the minimum wage increase, the real general minimum wage fell once again below the official poverty line. Nonetheless, most formal-sector workers received between one and three times the minimum wage. The minimum wage increase set off major strikes by unionized workers in Matamoros, who demanded employers honor contractual employment clauses unique to the city requiring all wages to go up by a factor of any minimum wage increase. According to reports, manufacturing executives in the northern border region colluded with one another to keep wages artificially low. As a result of the strikes in Matamoros, most of the manufacturing plants agreed to worker demands, a general wage increase of 20 percent and a bonus of 32,000 pesos ($1,600).

The federal labor law sets six eight-hour days and 48 hours per week as the legal workweek. Any work in excess of eight hours in a day is considered overtime, for which a worker is to receive double pay. After accumulating nine hours of overtime in a week, a worker earns triple the hourly wage. The law prohibits compulsory overtime. The law provides for eight paid public holidays and one week of paid annual leave after completing one year of work. The law requires employers to observe occupational safety and health regulations, issued jointly by the Secretariat of Labor and the Institute for Social Security. Legally mandated joint management and labor committees set standards and are responsible for overseeing workplace standards in plants and offices. Individual employees or unions may complain directly to inspectors or safety and health officials. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment.

The Secretariat of Labor is responsible for enforcing labor laws and inspecting workplaces. Neither the number of labor inspections nor the penalties for violations of labor law were sufficient to secure compliance with labor law. A chemical spill on July 9 by the mining company Grupo Mexico called widespread public attention to that company’s long record of safety and environmental violations, leading President Lopez Obrador to call for talks with union leaders and Grupo Mexico’s ownership to resolve the miners’ grievances. Through its DECLARALAB self-evaluation tool, the secretariat provided technical assistance to almost 4,000 registered workplaces to help them meet occupational safety and health regulations.

According to labor rights NGOs, employers in all sectors sometimes used the illegal “hours bank” approach–requiring long hours when the workload is heavy and cutting hours when it is light–to avoid compensating workers for overtime. This was a common practice in the maquiladora sector, in which employers forced workers to take leave at low moments in the production cycle and obliged them to work in peak seasons, including the Christmas holiday period, without the corresponding triple pay mandated by law for voluntary overtime on national holidays. Additionally, many companies evaded taxes and social security payments by employing workers informally, using subcontracting regimes or by submitting falsified payroll records to the Mexican Social Security Institute. INEGI estimated 57 percent of the workforce was engaged in the informal economy during the year. Of the 30 million informal workers, approximately one-quarter (7.6 million) were employed by formal businesses or organizations, often paid in cash, off the books, to evade taxes and social security payments.

Observers from grassroots labor rights groups, international NGOs, and multinational apparel brands reported that employers in export-oriented supply chains were increasingly using hiring methods that lessened job security. For example, manufacturers commonly hired workers on one- to three-month contracts, and then waited a period of days before rehiring them on another short-term contract, to avoid paying severance and to prevent workers from accruing seniority. This practice violated federal labor law and restricted worker’s rights to freedom of association and collective bargaining. Observers noted it also increased the likelihood of work-related illness and injury. Outsourcing practices made it difficult for workers to identify their legally registered employer, limiting their ability to seek redress of labor grievances.

Citizens hoping to secure temporary, legal employment in the United States and other countries frequently paid recruiters hundreds or thousands of dollars in prohibited fees to secure jobs, and many prospective workers were promised jobs that did not exist. Allegations of abusive and fraudulent recruitment practices rarely were investigated. Although the law requires entities recruiting for overseas employment to register with the Secretariat of Labor, there is no enforcement mechanism, and only a handful of recruiters complied. During the year the secretariat’s National Employment Service began reviewing ways to enforce the foreign recruitment registration law.

The situation of agricultural workers remained particularly precarious, with similar patterns of exploitation throughout the sector. Labor recruiters enticed families to work during harvests with verbal promises of decent wages and a good standard of living. Rather than pay them daily wages once a week, as mandated by law, day laborers had to meet certain harvest quotas to receive the promised wage. Wages may be illegally withheld until the end of the harvest to ensure the workers do not leave, and civil society organizations alleged workers were prohibited from leaving by threats of violence or by nonpayment of wages. Workers had to buy food and other items at the company store at high markups, at times leaving them with no money at the end of the harvest after settling debts. Civil society groups reported families living in inhuman conditions, with inadequate and cramped housing, no access to clean water or bathrooms, insufficient food, and without medical care. With no access to schools or childcare, many workers brought their children to work in the fields. Due to alleged corruption and opacity, in January the federal government eliminated the Program of Care for Agricultural Day Labors, which was intended to reduce the vulnerability of agricultural migrant workers.

News reports indicated there were poor working conditions in some maquiladoras. These included low wages, contentious labor management, long work hours, unjustified dismissals, a lack of social security benefits, unsafe workplaces, and no freedom of association. Many women working in the industry reported suffering some form of abuse. Most maquiladoras hired employees through outsourcing with few benefits.

In April the Senate unanimously approved legislation intended to improve working conditions for the 2.4 million domestic workers, 90 percent of whom were women, by making it possible for them to enroll in social security, thereby gaining access to benefits such as medical services, child care, and maternity leave.

According to data from the Mexican Social Security Institute, in 2018 there were 201,310 workplace accidents, resulting in 303 deaths. In June an accident involving an industrial press in Nuevo Leon caused the partial amputation of four workers’ arms. In August an accident at a silver and gold mine in Oaxaca killed a contractor who was operating heavy machinery.

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