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Albania

Executive Summary

The Republic of Albania is a parliamentary democracy. The constitution vests legislative authority in the unicameral parliament (Assembly), which elects both the prime minister and the president. The prime minister heads the government, while the president has limited executive power. In 2017 the country held parliamentary elections. The Organization for Security and Cooperation in Europe (OSCE) reported that the elections respected fundamental freedoms but were marred by allegations of vote buying and pressure on voters. Local elections took place June 30 but several opposition parties boycotted, accusing the government of electoral fraud. The OSCE observation mission to the local elections reported that although voting “was conducted in a generally peaceful and orderly manner,” voters did not have a meaningful choice between political options, and that there were credible allegations of vote buying as well as pressure on voters from both the ruling party and opposition parties.

The Ministry of Interior oversees the Guard of the Republic and the State Police, which includes the Border and Migration Police. The State Police is primarily responsible for internal security. The Guard of the Republic protects senior state officials, foreign dignitaries, and certain state properties. The Ministry of Defense oversees the armed forces. The State Intelligence Service is responsible to the prime minister, and gathers information, carries out foreign intelligence and counterintelligence activities. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included restrictions on free expression and the press, including the existence of criminal libel laws, and pervasive corruption in all branches of government and municipal institutions.

Impunity remained a serious problem, although the government made greater efforts to address it. Prosecution, and especially conviction, of officials who committed abuses was sporadic and inconsistent. Officials, politicians, judges, and persons with powerful business interests often were able to avoid prosecution.

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 these rights, although defamation is a criminal offense. There were reports that the government, business, and criminal groups sought to influence the media in inappropriate ways.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views, although there were efforts to exert direct and indirect political and economic pressure on the media, including by threats and violence against journalists who tried to investigate crime and corruption.

Business owners freely used media outlets to gain favor and promote their interests with political parties. Most owners of private television stations used the content of their broadcasts to influence government action toward their other businesses. There were credible reports of senior media representatives using media outlets to blackmail businesses. Political pressure, corruption, and lack of funding constrained independent print media, and journalists reportedly practiced self-censorship. Economic insecurity due to a lack of enforceable labor contracts reduced reporters’ independence and contributed to bias in reporting. The Albanian Journalists Union (AJU) continued to report significant delays in salary payments to reporters at many media outlets, in some instances of up to 10 months. Financial problems led some journalists to rely more heavily on outside sources of income, leading to questions of integrity.

NGOs maintained that professional ethics were a low priority for some of the estimated 900-plus news portals in the country, raising concerns over the spread of false news stories that benefited specific financial, political, and criminal interests. The dramatic growth in online media outlets provided a diversity of views.

In its annual Media Sustainability Index, the International Research and Exchanges Board indicated that free speech, plurality of news sources, and supporting institutions experienced a slight increase, but professionalism and business management decreased.

Violence and Harassment: The AJU reported 14 cases of violence and intimidation against members of the media, and political and business interests subjected journalists to pressure. The union also denounced violent acts toward reporters by opposition protesters in May.

Censorship or Content Restrictions: Journalists often practiced self-censorship to avoid violence and harassment and as a response to pressure from publishers and editors seeking to advance their political and economic interests. The AJU cited censorship and self-censorship as leading problems for journalists. A survey of 800 media professionals published in May found that 62 percent of respondents thought there was interference from individuals or politics, 60 percent thought there was interference from media owners, 39 percent thought there was self-censorship, and 31 percent thought there was corruption in the media. About 78 percent of media professionals thought that there were journalists who engaged in corrupt practices to misreport stories.

Libel/Slander Laws: The law permits private parties to file criminal charges and obtain financial compensation for insult or deliberate publication of defamatory information. NGOs reported that the fines, which could be as much as three million leks ($27,800), were excessive and, combined with the entry of a conviction into the defendant’s criminal record, undermined freedom of expression. The AJU expressed concern that during the first four months of the year, judges and politicians had initiated more than 16 lawsuits against journalists, mainly for defamation.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: To receive government services, individuals changing place of residence within the country must transfer their civil registration to their new community and prove the legality of their new domicile through property ownership, a property rental agreement, or utility bills. Many individuals could not provide proof and thus lacked access to public services. Other citizens, particularly Roma and Balkan-Egyptians, lacked formal registration in the communities where they resided. The law does not prohibit their registration, but it was often difficult to complete. Many Roma and Balkan-Egyptians lacked the financial means to register, and many lacked the motivation to go through the process.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The Office of the UN High Commissioner for Refugees (UNHCR) reported a few cases of police intimidation and reluctance to accept requests for asylum.

Authorities often detained irregular migrants who entered the country, mostly at the country’s southern border with Greece; most of those who did not request asylum were deported to Greece within 24 hours. Migrants detained further inland could spend several weeks at the Karrec closed migrant detention facility awaiting deportation. UNHCR reported that conditions at the Karrec center were unsuitable, particularly for families and children. The government made efforts to avoid sending children there, placing them instead in the open migrant facility in Babrru. Karrec and Babrru centers faced funding constraints.

The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. Police allowed UNHCR, the Office of the Ombudsman, and the NGO Caritas to monitor the processing, detention, and deportation of some migrants.

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

There were credible reports from NGOs, migrants, and asylum seekers that authorities did not follow due process procedures for some asylum seekers and that in other cases those seeking asylum did not have access to the social care and other services due to limited issuance of identification cards. UNHCR, Caritas, and the Office of the Ombudsman were critical of the government’s migrant screening and detention procedures. There were reports of border police pushing migrants back into Greece.

The law on asylum requires authorities to grant or deny asylum within 51 days of an applicant’s initial request. Under the law, asylum seekers cannot face criminal charges of illegal entry if they contact authorities within 10 days of their arrival in the country. UNHCR reported that the asylum system lacked effective monitoring.

Safe Country of Origin/Transit: The law prohibits individuals from safe countries of origin or transit from applying for asylum or refugee status. UNHCR reported, however, that no asylum requests had been refused based on the government’s list of safe countries, which included Greece.

Employment: While the law permits refugees to work, the limited issuance of refugee identification cards and work permits meant that few refugees had employment opportunities.

Access to Basic Services: The law provides refugees access to public services, including education, health care, housing, law enforcement, courts and judicial procedures, and legal assistance.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by public officials, and the law also prohibits individuals with criminal convictions from serving as mayors, parliamentarians, or in government or state positions, but the government did not implement the law effectively. Officials frequently engaged in corrupt practices with impunity. Corruption was pervasive in all branches of government.

The constitution requires judges and prosecutors to undergo vetting for unexplained wealth, ties to organized crime, and professional proficiency. The Independent Qualification Commission conducted vetting, and appeals were heard by an appeals chamber. The International Monitoring Operation, composed of international judicial experts, oversaw the process. As of November the commission had dismissed 81 judges and prosecutors and confirmed 67, while 23 others had resigned rather than undergo vetting.

Several government agencies investigated corruption cases, but limited resources, investigative leaks, real and perceived political pressure, and a haphazard reassignment system hampered investigations. In selective instances involving international actors, anticorruption agencies cooperated with civil society.

Corruption: Between January and June, the prosecutor general’s office registered 63 new corruption investigations. During the same period, 34 individuals were convicted on corruption charges, and trials began against an additional 51 individuals. The Department of Administration, Transparency, and Anticorruption had investigated 29 cases, resulting in 115 administrative and 153 disciplinary measures.

While prosecutors made significant progress in pursuing low-level public corruption cases, including corrupt prosecutors and judges, prosecution of higher-level crimes remained rare due to investigators’ fear of retribution, a general lack of resources, and corruption within the judiciary itself. In September a former interior minister was convicted of abuse of public office and received a five-year prison sentence that was reduced to three years’ probation because he accepted an expedited trial.

Police corruption remained a problem. The Service for Internal Affairs and Complaints (SIAC) received 1,211 written complaints through August, compared with 1,978 in all of 2018. Most of the complaints alleged a failure to act, arbitrary action, abuse of office, or a violation of standard operating procedures. Through August, SIAC filed 70 administrative violations, recommending 116 police officers for disciplinary proceedings. SIAC referred two cases for prosecution in relation to three officers accused of arbitrary actions and forgery of official documents. The Office of the Ombudsman also processed complaints against police officers, mainly concerning problems with arrests and detentions.

Police did not always enforce the law equitably. Personal associations, political or criminal connections, deficient infrastructure, lack of equipment, and inadequate supervision often influenced law enforcement. Poor leadership contributed to continued corruption and unprofessional behavior. Authorities continued to address these problems by renovating police facilities, upgrading vehicles, and publicly highlighting anticorruption measures. The Ministry of Interior has established a system of vetting security officials and was vetting the first tranche of 30 high-level police leaders.

Financial Disclosure: The law requires public officials to disclose their assets to the High Inspectorate for the Declaration and Audit of Assets and Conflict of Interest (HIDAACI), which monitored and verified such disclosures and made them available to the public. The law authorizes HIDAACI to fine officials who fail to comply with disclosure requirements or refer them to the prosecutor.

HIDAACI reported that through August it had referred 60 new cases for prosecution, involving 12 Assembly members, four ministers and deputy ministers, six mayors, one CEC member, 17 general directors and deputy general directors of public agencies, four advisors to ministers and Assembly members, one judge, and 15 other government officials on charges including refusing to declare, hiding, or falsifying asset declarations, money laundering, tax evasion, falsification of documents, and corruption. Through August, HIDAACI fined 39 individuals for not disclosing their assets or conflicts of interest or for violating the law on whistleblower protection. Courts generally upheld the fines imposed by HIDAACI.

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

Domestic and international human rights groups generally operated without government restriction, investigating, and publishing their findings on human rights cases. Government officials generally were cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the Ombudsman is the main independent institution for promoting and enforcing human rights. It is authorized by law to monitor and report on prisons and detention centers. The office may initiate an investigation based on complaints or on its own authority. Although the Office of the Ombudsman lacked the power to enforce decisions, it acted as a monitor of human rights violations. The Office of the Ombudsman was underfunded and understaffed.

The Assembly has committees on legal issues, public administration, and human rights, which review the annual report of the Office of the Ombudsman. The committee was engaged and effective in legislative matters.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law and related regulations and statutes provide the right for most workers to form independent unions, conduct legal strikes, and bargain collectively. The law prohibits antiunion discrimination and provides for the reinstatement of workers fired for union activity.

The law prohibits members of the military and senior government officials from joining unions and requires that a trade union have at least 20 members to be registered. The law provides the right to strike for all workers except indispensable medical and hospital personnel, persons providing air traffic control or prison services, and fire brigades. Strike action is prohibited in “special cases,” such as a natural catastrophe, a state of war, extraordinary situations, and cases where the freedom of elections is at risk. Workers not excluded by their positions exercised their right to strike.

The law provides limited protection to domestic and migrant workers. Labor unions were generally weak and politicized. Workers who engage in illegal strikes may be compelled to pay for any damages due to the strike action.

Government enforcement of the law remained largely ineffective, in part due to the extent of informal employment. Resources for conducting inspections and remedying violations were not adequate. Penalties were rarely enforced and therefore insufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals. Arbitration procedures allowed for significant delays that limited worker protections against antiunion activity.

Civilian workers in all fields have the constitutional right to organize and bargain collectively, and the law establishes procedures for the protection of workers’ rights through collective bargaining agreements. Unions representing public sector employees negotiated directly with the government. Effective collective bargaining remained difficult because employers often resisted union organizing and activities. In this environment, collective bargaining agreements, once reached, were difficult to enforce.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not always effectively enforce the law. Lack of coordination among ministries and the sporadic implementation of standard operating procedures hampered enforcement. Penalties were sufficiently stringent to deter violations, but they were seldom enforced. Some law enforcement organizations trained their officers to adopt a victim-centered approach to victims of human trafficking. The government continued to identify victims of forced labor, and prosecuted and convicted a small number of traffickers.

The Labor Inspectorate reported no cases of forced labor in the formal sector during the year. See section 7.c. for cases involving children in forced labor in the informal sector.

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 sets the minimum age of employment at 16 but allows children at the age of 15 to be employed in “light” work that does not interfere with school. Children younger than 18 may generally only work in jobs categorized as “light.” A 2017 decree issued by the Council of Ministers sets working hours for children younger than 18. Children may work up to two hours per day and up to 10 hours per week when school is in session, and up to six hours per day and up to 30 hours per week when school is not in session. Children from 16 to 17 may work up to six hours per day and up to 30 hours per week if the labor is part of their vocational education. By law, the State Inspectorate for Labor and Social Services (SILSS), under the Ministry of Finance and Economy, is responsible for enforcing minimum age requirements through the courts, but it did not adequately enforce the law.

Labor inspectors investigated the formal labor sector, whereas most child labor occurred in the informal sector. Children engaged in gathering recyclable metals and plastic, small-scale agricultural harvesting, selling small goods in the informal sector, serving drinks and food in bars and restaurants, the clothing industry, and mining. There were reports that children worked as shop vendors, vehicle washers, textile factory workers, or shoeshine boys. The NGO World Vision also reported that children sewed shoes. The number of children engaged in street-related activities (such as begging or selling items) increased during the summer, particularly around tourist areas. The NGO ARSIS reported that children went to Kosovo to beg and gather recyclable metals. When authorities in Kosovo detained them, the children returned to Albania without any investigation or risk assessment, especially in cases when the family was the exploiter. There is no government reintegration program for these children.

Children were subjected to forced begging and criminal activity. Some of the children begging on the street were second- or third-generation beggars. Research suggested that begging started as early as the age of four or five. While the law prohibits the exploitation of children for begging, police generally did not enforce it, although they made greater efforts to do so during the year. The State Agency on Children’s Rights continued to identify and manage cases of street children identified by the CPUs. As of July the agency reported four cases of parents exploiting street children. As of June, the CPUs and outreach mobile teams had identified 214 street children in total. CPUs reported 55 cases to the police during the same period.

In 2013, the most recent year for which statistics were available, the government’s statistical agency and the International Labor Organization estimated that 54,000 children were engaged in forced labor domestically. An estimated 43,000 children worked in farms and fishing, 4,400 in the services sector, and 2,200 in hotels and restaurants. Nearly 5 percent of children were child laborers.

The SILSS did not carry out inspections for child labor unless there was a specific complaint. Most labor inspections occurred in shoe and textile factories, call centers, and retail enterprises; officials found some instances of child labor during their inspections. Penalties were rarely assessed and were not sufficient to deter violations.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws prohibit employment discrimination because of race, skin color, gender, age, physical or mental disability, political beliefs, language, nationality, religion, family, HIV/AIDS status, or social origin. The government did not enforce the law and penalties were insufficient to deter violations. Discrimination in employment and occupation occurred with respect to gender, disability, sexual orientation or gender identity, nationality, and ethnicity. The CPD reported that most allegations of discrimination involved race, sexual orientation, economic status, or disability.

e. Acceptable Conditions of Work

The national minimum wage was higher than the national poverty threshold. The SILSS and tax authorities are responsible for enforcing the minimum wage but had an insufficient number of staff to enforce compliance.

While the law establishes a 40-hour workweek, individual or collective agreements typically set the actual workweek. The law provides for paid annual holidays, but only employees in the formal labor market had rights to paid holidays. Many persons in the private sector worked six days a week. The law requires rest periods and premium pay for overtime, but employers did not always observe these provisions. The government rarely enforced laws related to maximum work hours, limits on overtime, or premium pay for overtime, especially in the private sector. These laws did not apply to migrant workers or workers in the informal sector, which made up 36 percent of the economy, according to the Western Balkans Labor Market Trends 2019 report.

The SILSS is responsible for occupational health and safety standards and regulations, and while these were appropriate for the main industries, enforcement was lacking overall. Working conditions in the manufacturing, construction, and mining sectors frequently were poor and, in some cases, dangerous. For example, police detained the owner of the construction firm Skela Syla in September after two of his employees died on the job. Unions claimed unsafe working conditions were the cause of death. Violations of wage and occupational safety standards occurred most frequently in the textile, footwear, construction, and mining industries. Resources and inspections were not adequate, and penalties were insufficient to deter violations, because law enforcement agencies lacked the tools to enforce collection and consequently rarely charged violators.

Workers often could not remove themselves from situations that endangered their health or safety without jeopardizing their employment. Employers did not effectively protect employees in this situation.

Chile

Executive Summary

Chile is a constitutional multiparty democracy. In 2017 the country held presidential elections and concurrent legislative elections, which observers considered free and fair. Former president (2010-14) Sebastian Pinera won the presidential election and took office in March 2018.

The Carabineros and the Investigative Police have legal responsibility for law enforcement and maintenance of order, including migration and border enforcement, within the country. The Ministry of the Interior and Public Security oversees both forces. Civilian authorities generally maintained effective control over the security forces.

Significant human rights issues included reports of arbitrary or unlawful killings; torture by law enforcement officers; violence against lesbian, gay, bisexual, transgender, and intersex persons; and violence against indigenous persons.

The government took steps to investigate and prosecute officials who allegedly committed 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 generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

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

In August reports emerged that the Army Intelligence Directorate wiretapped investigative journalist Mauricio Weibel, who was researching alleged corruption in the army, as well as four active or retired officers suspected of leaking documents to him. The directorate’s leadership stated the wiretaps were authorized by judicial authorities in 2016 and 2017, citing “national security” concerns. Both an internal army investigation and a congressional inquiry were launched. The investigations continued as of November.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected those 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 constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation; and the government generally respected these rights.

f. Protection of Refugees

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

Durable Solutions: In 2018 the government announced a Democratic Responsibility visa for Venezuelans fleeing the humanitarian crisis in Venezuela. In June the government halted visa-free entry for nonimmigrant Venezuelans. Under the government’s immigration reform, the Democratic Responsibility Visa is the primary means for Venezuelans to work or establish legal residency in Chile. In 2018 the government began facilitating the voluntary repatriation of more than 1,200 Haitians to Port-au-Prince under its Humanitarian Plan for Orderly Returns program. Haitians wishing to participate must sign a declaration that they will not return to Chile within nine years of departing.

Section 3. Freedom to Participate in the Political Process

The 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.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented those laws effectively. There were isolated reports of government corruption during the year.

Corruption: Two former commanders in chief of the army, Humberto Oviedo and Juan Miguel Fuente-Alba, were arrested and charged with corruption. The two were alleged to have embezzled or misappropriated more than eight billion pesos (CLP) ($11.5 million) during their terms in command of the army (2010-18). They were the highest-ranking officers to be charged in a large-scale criminal investigation that, according to the National Prosecutor’s Office, involved nearly 600 current or former officers suspected of misappropriation of funds as of November 2018. The investigation and related criminal prosecutions continued as of October.

On September 6, the Public Ministry announced additional charges against former director general of the Carabineros Eduardo Gordon, increasing the amount of funds he allegedly misappropriated to CLP 70 million ($96,000), up from the CLP 21 million ($30,000) originally announced in 2018. The charges stemmed from alleged misappropriation of representational expenses for personal use during Gordon’s time as director general of the Carabineros in 2010 and 2011. As of October the investigation was in progress.

Financial Disclosure: Law and regulation require income and asset disclosure by appointed and elected officials. Declarations are made available to the public, and there are administrative sanctions for noncompliance.

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

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The National Institute for Human Rights (INDH) operated independently and effectively, issued public statements and an annual report, and proposed changes to government agencies or policies to promote and protect human rights. The government enacted legislation designating the INDH as the country’s National Preventive Mechanism against Torture under the Optional Protocol to the UN Convention against Torture.

The Senate and Chamber of Deputies have standing human rights committees responsible for drafting human rights legislation.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers, with some limitations, to form and join independent unions of their choice, bargain collectively, and conduct strikes. The law also prohibits antiunion practices and requires either back pay or reinstatement for workers fired for union activity.

Workers in the private sector and in state enterprises are provided the freedom to unionize without prior approval. Police, military personnel, and civil servants working for the judiciary are prohibited from joining unions. Union leaders are restricted from being candidates or members of congress. The Directorate of Labor (DT), an independent government authority under the Ministry of Labor, has broad powers to monitor unions’ financial accounts and financial transactions. For example, unions must update their financial records daily, and ministry officials may inspect the records at any time.

The law prohibits public employees from striking, although they frequently did. While employees in the private sector and workers in formal and regulated collective bargaining units have the right to strike, the law places some restrictions on this right. For example, an absolute majority of workers, rather than a majority of those voting, must approve strikes. The law also prohibits employees of 101 private-sector companies, largely providers of services such as water and electricity, from striking, and it stipulates compulsory arbitration to resolve disputes in these companies. In addition workers employed by companies or corporations whose stoppage would cause serious damage to the health, economy, or security of the country do not have the right to strike.

Employers may not dismiss or replace employees involved in a strike. Unions must provide emergency personnel to fulfill the company’s “minimum services.” Those include the protection of tangible assets and of the company’s facilities, accident prevention, service of the population’s basic needs, ensuring the supply of essential public services, and ensuring the prevention of environmental and sanitary damages.

The law extends unions’ rights to information, requiring large companies to disclose annual reports including balance sheets, statements of earnings, and audited financial statements. Large companies must provide any public information required by the Superintendence of Securities and Insurance within 30 days following the date when the information becomes available. Smaller companies must provide information necessary for the purposes of preparing the collective bargaining process.

While the law prior to the 2017 labor reform provided for collective bargaining rights only at the company level, the reform extended such rights to intercompany unions, provided they represent workers at employers having 50 or more employees and falling within the same economic rubric or activity. An absolute majority of all covered workers must indicate through secret ballot vote that they agree to be represented by an intercompany union in collective bargaining. Intercompany unions for workers at micro or small businesses (i.e., with fewer than 50 workers) are permitted to bargain collectively only when the individual employers all agree to negotiate under such terms. The law does not provide for collective bargaining rights for workers in public institutions or in a private institution that receives more than 50 percent of its funding from the state in either of the preceding two years, or whose budget is dependent upon the Defense Ministry. It also does not provide for collective bargaining in companies whose employees are prohibited from striking, such as in health care, law enforcement, and public utilities. Whereas the previous labor code excluded collective bargaining rights for temporary workers or those employed solely for specific tasks, such as in agriculture, construction, ports, or the arts and entertainment sector, the revised labor standards eliminate these exclusions, extending bargaining rights to apprentices and short-term employees. Executives, such as managers and assistant managers, are prohibited from collective bargaining.

The government generally enforced labor laws effectively. Nevertheless, the DT commented on the need for more inspectors. Penalties were not sufficient to deter violations. Companies are generally subject to sanctions for violations to the labor code, according to the severity of each case. Companies may receive “special sanctions” for infractions, which include antiunion practices. NGOs reported cases in labor tribunals took an average of three months to resolve. Cases involving fundamental rights of the worker often took closer to six months. NGOs continued to report it was difficult for courts to sanction companies and order remedies in favor of workers for various reasons, including if a company’s assets were in a different name or the juridical entity could not be located.

Freedom of association was generally respected. Employers sometimes did not respect the right to collective bargaining. According to Freedom House, the IndustriALL Global Union, and the International Trade Union Confederation, antiunion practices, including a threat of violence, continued to occur. In addition NGOs and unions indicated that penalties for violations of freedom of association and collective bargaining laws were insufficient to deter violations, especially in large companies. NGOs and unions reported that companies sought to inhibit the formation of unions and avoid triggering collective bargaining rights, especially among seasonal agricultural workers and in key export sectors such as mining, forestry, and fishing, by using subcontracts and temporary contracts as well as obtaining several fiscal registration or tax identification numbers when increasing the size of the workforce. In addition subcontracted employees earned lower wages than regular employees performing the same task, and many contractors failed to provide formal employment benefits, such as social security, health care, and pensions.

Labor courts can require workers to resume work upon a determination that a strike, by its nature, timing, or duration, causes serious risk to the national economy or to health, national security, and the supply of goods or services to the population. Generally, a back-to-work order should apply only when a prolonged strike in a vital sector of the economy might endanger public safety or health, and it should apply only to a specific category of workers.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor. The government generally enforced the law effectively. Penalties were sufficiently stringent to deter violations. NGOs reported many government officials responsible for identifying and assisting victims had limited resources and expertise to identify victims of labor trafficking. In addition, judges often suspended or commuted sentences. The government worked to prevent and combat forced labor through its interagency antitrafficking taskforce, which included international organizations and local NGOs. The task force published and began implementation of a new national action plan (2019-22).

Labor trafficking continued to occur. Some foreign citizens were subjected to forced labor in the mining, agriculture, domestic service, and hospitality sectors. Some children were forcibly employed in the drug trade (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 country conforms to international standards, which dictate the minimum age for employment or work should be no less than 15 years. The law sets the minimum age for employment at 18, although it provides that children between 15 and 18 may work with the express permission of their parents or guardians as long as they attend school. They may perform only light work that does not require hard physical labor or constitute a threat to health or the child’s development. The law prohibits all of the worst forms of child labor.

Ministry of Labor inspectors effectively enforced regulations in the formal economy but did not inspect or enforce such regulations in the informal economy. Infractions included contracting a minor younger than age 18 without the authorization of the minor’s legal representative, failure to register a minor’s contract with the ministry, and contracting a minor younger than 15 for activities not permitted by law. Penalties and inspections were not sufficient to deter violations that mostly occurred clandestinely or in the informal economy.

The government devoted considerable resources and oversight to child labor policies. With accredited NGOs, SENAME operated programs to protect children in vulnerable situations. SENAME, in coordination with labor inspectors, identified and assisted children in abusive or dangerous situations. SENAME continued to work with international institutions, such as the International Labor Organization (ILO), and with other ministries to conduct training on identifying and preventing the worst forms of child labor. SENAME also implemented public education programs to raise awareness and worked with the ILO to operate rehabilitation programs for children withdrawn from child labor.

Multisector government agencies continued to participate in the National Advisory Committee to Eradicate Child Labor. The committee met regularly throughout the year and brought together civil society organizations and government agencies in a coordinated effort to raise awareness, provide services to victims, and protect victims’ rights. The Worst Forms of Child Labor Task Force, a separate entity, maintained a registry of cases and a multisector protocol for the identification, registration, and care of children and adolescents who are victims of commercial sexual exploitation. The National Tourism Service’s hotel certification procedures, developed in collaboration with SENAME, included strict norms for preventing the commercial sexual exploitation of children. This included special training for National Tourism Service staff charged with assessing and certifying hotels.

Child labor continued to be a problem in the informal economy and agriculture, primarily in rural areas. Higher numbers of violations occurred in the construction, industrial manufacturing, hotels and restaurants, and agriculture sectors.

In urban areas it was common to find boys carrying loads in agricultural loading docks and assisting in construction activities, while girls sold goods on the streets and worked as domestic servants. Children worked in the production of ceramics and books and in the repair of shoes and garments. In rural areas children were involved in caring for farm animals as well as in harvesting, collecting, and selling crops, such as wheat. The use of children in illicit activities, which included the production and trafficking of narcotics, continued to be a problem. Commercial sexual exploitation of children also continued to be a problem (see section 6, Children).

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

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit employment discrimination based on race, sex, age, civil status, union affiliation, religion, political opinion, nationality, national extraction, social origin, disability, language, sexual orientation, or gender identity, HIV-positive status or other communicable diseases, refugee or stateless status, ethnicity or social status. The government and employers do not discriminate on the basis of refugee, stateless status, or ethnicity, but workers must have a work permit or be citizens to hold contracted jobs. The law also provides civil legal remedies to victims of employment discrimination based on race, ethnicity, nationality, socioeconomic situation, language, ideology or political opinion, religion or belief, association or participation in union organizations or lack thereof, gender, sexual orientation, gender identification, marriage status, age, affiliation, personal appearance, and sickness or physical disability. A 2017 law addresses matters related to persons with disabilities. For all public agencies and for private employers with 100 or more employees, the law requires 1 percent of jobs be reserved for persons with disabilities.

The government effectively enforced applicable laws and regulations prohibiting employment discrimination. Authorities generally enforced the law in cases of sexual harassment, and there was no evidence of police or judicial reluctance to act. Companies may receive “special sanctions” for infractions such as denying maternity leave. Such penalties were generally sufficient to deter violations. Nevertheless, discrimination in employment and occupation continued to occur. Persons with disabilities often faced discrimination in hiring; they constituted approximately 7.6 percent of the working-age population but only 0.5 percent of the workforce. Indigenous persons continued to experience societal discrimination in employment. Statistics regarding rates of discrimination faced by different groups were not available.

e. Acceptable Conditions of Work

As of November 2018 the national minimum wage exceeded the poverty level. The law sets the legal workweek at six days or 45 hours. The maximum workday is 10 hours (including two hours of overtime pay), but the law provides exemptions for hours of work restrictions for some categories of workers, such as managers; administrators; employees of fishing boats; restaurant, club, and hotel workers; drivers; airplane crews; telecommuters or employees who work outside of the office; and professional athletes. The law mandates at least one 24-hour rest period during the workweek, except for workers at high altitudes, who may exchange a work-free day each week for several consecutive work-free days every two weeks. Annual leave for full-time workers is 15 workdays, and workers with more than 10 years of service are eligible for an additional day of annual leave for every three years worked. Overtime is considered to be any time worked beyond the 45-hour workweek, and workers are due time-and-a-half pay for any overtime performed.

The law establishes occupational safety and health standards, which are applicable to all sectors. Special safety and health norms exist for specific sectors, such as mining and diving. The National Service for Geology and Mines is further mandated to regulate and inspect the mining industry. The law does not regulate the informal sector. By law workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

The DT is responsible for enforcing minimum wage and other labor laws and regulations, and it did so effectively in the formal economy. The Ministries of Health and Labor administered and effectively enforced occupational safety and health standards. The law establishes fines for noncompliance with labor regulations, including for employers who compel workers to work in excess of 10 hours a day or do not provide adequate rest days. Companies may receive “special sanctions” for infractions such as causing irreversible injuries to an employee. An estimated 28 percent of the nonagricultural labor force worked in the informal sector, according ILO data from 2017. Workers in the informal economy were not effectively protected in regard to wages or safety.

The DT did not employ a sufficient number of labor inspectors to enforce labor laws effectively throughout the country, particularly in remote areas. NGOs commented that inspectors and labor tribunal judges needed more training and that a lack of information and economic means generated an inequality between parties in cases before the tribunals. Penalties were not sufficient to deter violations, especially with larger employers. The DT worked preventively with small and medium-sized businesses to assist in their compliance with labor laws.

Minimum wage violations were most common in the real estate and retail sectors. The sectors with the most infractions in safety and health standards were construction, retail, and industrial manufacturing. The service sector experienced the most accidents during the year. Immigrant workers in the agricultural sector were the group most likely to be subject to exploitative working conditions. According to ILO data, in 2018 there were 3.1 fatal and 3,142 nonfatal occupational injuries per 100,000 workers.

Greece

Executive Summary

Greece is a constitutional republic and multiparty parliamentary democracy. Legislative authority is vested in a unicameral parliament, which approves a government headed by a prime minister. On July 7, the country held parliamentary elections that observers considered free and fair. A government formed by the New Democracy party headed by Prime Minister Kyriakos Mitsotakis leads the country.

Police are responsible for law enforcement, border security, and the maintenance of order. They are under the authority of the Ministry of Citizen Protection. The same ministry undertook responsibility for prison facilities after the formation of the newly elected government in 2019. The Coast Guard is responsible for law and border enforcement in territorial waters and reports to the Ministry of Maritime Affairs and Island Policy (renamed the Ministry of Shipping and Island Policy under the new government). The armed forces are under the authority of the Ministry of National Defense. Police and the armed forces share law enforcement duties in certain border areas. Civilian authorities maintained effective control over the police, Coast Guard, and armed forces, and the government had effective mechanisms to investigate and punish abuse.

Significant human rights issues included: unsafe conditions for detainees and staff in prisons; criminalization of libel; allegations of refoulement of refugees; gender-based violence against refugee women and children; acts of corruption; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender or intersex (LGBTI) persons.

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

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected these rights. 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: The constitution and law protect freedom of expression but specifically allow restrictions on speech inciting discrimination, hatred, or violence against persons or groups based on their race, skin color, religion, descent, national or ethnic origin, sexual orientation, gender identity, or disability, or who express ideas insulting to persons or groups on those grounds.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. On June 10, the government passed legislation requiring vendors who sell print media to stock and display all Greek newspapers and magazines. Penalties for those intentionally breaking the law range from one year’s imprisonment to a fine from 5,000 to 50,000 euros ($5,500 to $55,000). For repeated offenders, the penalty can increase to two years or more in prison.

Violence and Harassment: Journalists were subjected to physical attack, harassment, or intimidation due to their reporting in at least 10 instances. On April 7, a riot police officer in Idomeni, near the border with North Macedonia, kicked a photojournalist covering a migrant protest and later struck the photojournalist in the face and head with his shield. The government and journalist unions condemned the attacks. Seven attacks were led by members of far-right groups who targeted reporters and photojournalists covering rallies protesting the Prespa Agreement between Greece and North Macedonia. Anarchists led other attacks, once torching a journalist’s car at her residence and on December 5, pelting a television crew stationed near the Athens University of Economics and Business with paint. There were no reports of police detentions in these incidents.

Censorship or Content Restrictions: The government did not censor media. The government maintains an online register with the legal status of local websites, their number of employees, detailed shareholder information, and the tax office they fall under. Once registered, these websites are accredited to accept funding through state advertising, to cover official events, and to benefit from research and training programs of the National Center of Audiovisual Works. All registered websites had to display their certification on their homepage. Although registering was an open and nonobligatory process, outlets failing to do so could be excluded from the accreditation benefits. On April 15, the government launched a similar electronic registry for regional and local press.

Libel/Slander Laws: The law provides criminal penalties for defamation. A law passed February 26 clarifies that individuals convicted of crimes cannot claim slander for discussion of those crimes. This law also removes the provision requiring journalists to appear immediately before a court, or wait in jail until the court opened, in the case they were accused of libel, a provision that had been abused by politicians to intimidate journalists. On February 13, a court convicted then alternate health minister Pavlos Polakis for slander against a deceased reporter whom he had accused of taking bribes from the Hellenic Center for Disease Control and Prevention. The court ordered the alternate health minister to pay financial damages to the journalist’s family. The government abolished blasphemy laws, effective on July 1.

b. Freedoms of Peaceful Assembly and Association

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

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.

In-country Movement: Undocumented migrants arriving at Greek islands were subjected to special border reception and registration procedures and were not allowed to leave registration centers for up to 25 days. After this period, undocumented migrants remaining in those facilities were generally allowed to enter and exit but were prohibited from travelling to the mainland unless they filed asylum applications deemed admissible by the asylum authorities or were identified as “vulnerable.” This group included unaccompanied minors; persons with disabilities; the elderly; pregnant women or those who recently gave birth; single parents with young children; victims of torture, shipwrecks, and other trauma; and victims of human trafficking. Once asylum applications were filed, found admissible, and in process, migrants could move to an accommodation center on the mainland, space permitting. There was no restriction on movement in or out of the mainland accommodation centers. As of September, however, no facilities were available on the mainland even though approximately 7,000 migrants had been deemed vulnerable. The government made efforts to increase placements in the mainland and decongest the island reception and registration facilities, but a steady flow of arrivals, which accelerated during the summer and fall, caused severe overcrowding.

Some local and international NGOs reiterated criticism of the government’s practice of confining asylum seekers to the islands for initial processing exceeding 25 days.

Unaccompanied minors were placed under “protective custody” due to lack of space in specialized shelters (see section 1, Prison and Detention Center Conditions, Physical Conditions).

f. Protection of Refugees

During the year the flow of migrants and asylum seekers to the country from Africa, Asia, and the Middle East continued. As of December 16, UNHCR figures indicated 109,000 migrants and asylum seekers resided throughout the country.

On November 1, parliament amended the asylum legislation. The new rules are designed to speed up decision making on asylum applications and to increase the number of rejected applicants returned to Turkey or to their country of origin. The law, which will take effect on January 1, 2020, establishes extended periods of detention for asylum seekers; ties the treatment of asylum applications to the applicants’ cooperation (or lack thereof) with authorities; alters the appeals committees so they consist exclusively of judges, dropping a position held by a UNHCR designate; requires appeals to be filed and justified through court briefs instead of standardized documents; eliminates “post-traumatic stress disorder” as a factor that would make a refugee considered “vulnerable” and therefore ineligible to be returned to Turkey if their asylum application is denied; and codifies that rejected asylum applicants should immediately return to Turkey or their country of origin. UNHCR, as well as local and international NGOs, including the Greek National Commission for Human Rights, Human Rights Watch, the Greek Council for Refugees (GCR), the MSF, and many others, argued the law emphasized returns over protection and integration, put an excessive burden on asylum seekers, focused on punitive measures, and introduced tough requirements an asylum seeker could not reasonably be expected to fulfill.

Abuse of Migrants, Refugees, and Stateless Persons: According to a wide range of credible sources, including international organizations and NGOs, authorities did not always provide adequate security or physical protection to asylum seekers, particularly those residing in RICs. The RVRN recorded 51 incidents involving racially motivated verbal and physical violence against refugees and migrants in 2018 (Also see section 6, National/Racial/Ethnic Minorities.)

The separation and protection of vulnerable groups was not implemented at some sites. On February 9, the MSF reported that a 20-year-old male Yazidi refugee at the RIC in Fylakio, Evros, was living in a container with his visually impaired sister, his female cousin suffering from mental health problems, and three unrelated men. Media reported incidences of violence involving asylum seekers, including gender-based violence. On January 8, local and international media reported Oxfam’s findings that asylum-seeking and refugee women were wearing diapers at night for fear of leaving their tents to go to the bathroom. In its report for the rights of “children on the move” in Greece, issued on June 14, the ombudsman noted that children at the RIC in Lesvos were at risk of sexual abuse and exploitation, rape, and assault. The report stated many parents of children, especially single parents, were reluctant to queue for hours for food because they were afraid to expose their children to the risk of violence and sexual abuse. Cases of trading food in exchange for sex were also reported to the ombudsman. On April 11, PACE expressed serious concern regarding the humanitarian situation and the poor security of asylum seekers at RICs on the Greek islands as well as in centers on the mainland.

On January 23, a court in Thessaloniki sentenced a 50-year-old Iraqi man to 20 years’ imprisonment for raping his 16-year-old daughter at a reception facility in Serres.

Refugee and migrant women who were victims of gender-based violence were legally eligible for temporary shelter in government-run homes and for legal and psychosocial assistance, but few of them reported abuse. Some NGO representatives reiterated findings from previous years that even after reporting rapes to the authorities, some victims continued residing in the same camp with the perpetrators.

NGOs noted inadequate medical and psychological care for refugees and asylum seekers, especially in the six RICs, mainly attributed to the government’s inability to hire medical doctors willing to serve in such facilities. Even when the government significantly increased the salaries and reissued calls for recruitment, medical doctors expressed minimal interest.

On February 8, a Communist Party delegation visit to the reception facility in Katsikas, Epirus, noted the absence of medical care, especially for women, newborns, and children, according to media reports.

NGOs also noted inadequate psychological care for refugees and asylum seekers, especially in the six RICs. The MSF reported that 25 percent of the children they worked with in the Moria RIC on Lesvos Island from February to June had either self-harmed, attempted suicide, or had thought about committing suicide.

The government cooperated with UNHCR, the IOM, and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.

Refoulement: The government provided some protection against the expulsion or return of asylum seekers to countries in which their lives or freedom would be threatened due to race, religion, nationality, membership in a particular social group, or political opinion. On October 31, in a unanimous decision, the Supreme Court ruled that Iranian Sharareh Khademi should not be extradited to her country of origin as this would pose an “immediate risk to her life.” The court annulled the decision of a lower-level court that had ruled in favor of the extradition. Khademi and her daughter were victims of domestic violence by an abusive husband and father.

On June 19, the GCR announced it had filed a complaint with the Supreme Court that migrants and asylum seekers were being forced back across the border into Turkey from northeastern Evros in Greece. The GCR stated it had evidence backing the claims of several migrants and asylum seekers who said they were forced back. The GCR reported it had filed three lawsuits on behalf of six Turkish nationals, including a child, who claimed that local authorities had exercised violence to force them back into Turkey. Reportedly, one of the young women, forced back to Turkey, was arrested and taken to a Turkish prison. The GCR noted that despite the growing number of alleged pushbacks, there was no official government reaction.

On June 8, the group Racist Crimes Watch filed a complaint against Hellenic Police in Didimoticho, northern Greece, alleging local police staff beat with batons and fired plastic bullets at a 35-year-old Iraqi national and two Egyptian nationals, ages 18 and 26, prior to forcing them back to Turkey.

On May 5, media reported a letter addressed by the then minister for citizen protection Olga Gerovassili to the UNHCR representative in Greece in response to concerns about pushbacks in the Evros area by security officers. After an investigation, the then minister wrote that the alleged incidents were not proven true. She also noted the absence of any such reporting by Frontex officers who assist the Greek border police in their work. From January to April, police arrested 3,130 third-country nationals in the areas of Orestiada and Alexandroupolis.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing legal protection to refugees through an autonomous asylum service under the authority of the Ministry of Migration Policy. Following the July 7 elections, the Ministry for Migration Policy was folded into the Ministry for Citizen Protection. The law requires that applicants have access to certified interpreters and allows applicants to appeal negative decisions and remain in the country while their appeals are examined.

Authorities worked with NGOs, international organizations, and the European Asylum Support Office to inform undocumented migrants awaiting registration in the asylum system, as well as non-EU foreign national detainees, about their rights, asylum procedures, and the IOM-assisted voluntary return programs. UNHCR assisted the government with briefings and distribution of multilingual leaflets and information packages on asylum and asylum procedures.

Human rights activists and NGOs working with asylum applicants reported long waits of up to two years for decisions due to time-consuming processes, pre-existing backlogs in the appeals process, and a limited number of appeals committees. Access to the asylum process for persons detained in predeparture centers was also a concern. In its annual report for 2018, the Greek ombudsman reported his office continued to receive complaints from asylum applicants about difficulties in scheduling an appointment and connecting with the Asylum Service system via Skype, especially in Athens and in Thessaloniki. On May 6, local media reported the Greek Asylum Service had a backlog of more than 62,000 cases while an estimated 5,500 new applications were submitted yearly by new entrants.

According to the Asylum Information Database report for 2018, published by GCR on April 21, the average period between preregistration and full registration was 42 days in 2018. The average processing time at first instance was reported at approximately 8.5 months in 2018. Approximately 80 percent of the 58,793 applicants with pending applications at the end of 2018 had not had an interview with the asylum service.

Major delays frequently occurred in the identification of vulnerable persons on the islands, due to a significant lack of qualified staff, which also impacted the asylum procedure.

Asylum applicants from countries other than Syria complained that their asylum applications were delayed while Syrian applications were prioritized. NGOs, international organizations, and human rights activists also reiterated concerns about the lack of adequate staff and facilities; insufficient welfare, integration, counseling, legal, and interpretation services; discrimination; and detention under often inadequate and overcrowded conditions inside the RICs.

Safe Country of Origin/Transit: The country adheres to the Dublin III Regulation, according to which authorities may return asylum seekers to the EU member state of first entry for adjudication of asylum claims.

According to the 2016 joint EU-Turkey statement, every undocumented migrant crossing from Turkey into the Greek islands would be confined to a RIC for up to 25 days, during which time the individual would have the opportunity to apply for asylum in Greece. Individuals opting not to apply for asylum or whose applications were deemed unfounded or inadmissible would be returned to Turkey (see also section 2.d., Freedom of Movement).

Employment: Recognized refugees and holders of asylum-seeker papers were entitled to work, although this right was not widely publicized or consistently enforced. In 2018 the managing board of the Greek Manpower Organization extended the right to register for official unemployment to asylum seekers and refugees residing in shelters or with no permanent address, allowing them to benefit from training programs and state allowances.

Access to Basic Services: Legally, services such as shelter, health care, education, and judicial procedures are granted to asylum seekers in possession of a valid residency permit; however, staffing gaps, a lack of interpreters, and overcrowded reception sites limited certain asylum seekers’ access to these services. On July 13, the minister for labor and social affairs revoked a June 20 ministerial decree signed by his predecessor that simplified the process for asylum seekers to be granted a social security number (AMKA). The minister argued that the system of granting AMKAs would be re-examined, as it was abused by foreign nationals who should not have received a number. Several NGOs reported problems in securing access for asylum-seeking individuals to basic services, including treatment for chronic diseases. Legal assistance was limited and was offered via NGOs, international organizations, volunteer lawyers, and bar associations.

RICs on islands and in the Evros region continued to be overcrowded, with inadequate shelter, health care, wash facilities, and sewer connections creating security and health concerns. Housing conditions at reception facilities elsewhere on the mainland were generally better, although at times overcrowding hindered access to services. Due to a lack of space, the government in September opened temporary camps on the mainland, providing six-person tents to hundreds of migrants.

Unaccompanied minors living in “protective custody” in police stations had limited or no access to health care or medical services. As of November 30, according to the country’s National Center for Social Solidarity (EKKA), there were 257 unaccompanied children in protective custody (see section 1.c., Prison and Detention Center Conditions, Physical Conditions).

Many vulnerable asylum-seeking individuals were eligible to be sheltered in apartments via a housing framework implemented by UNHCR in cooperation with some NGOs and local municipalities. Conditions in the apartments were significantly better than in reception facilities.

Administrative and facility management staff in reception centers were usually permanent state employees, eight-month government-contracted personnel, and staff contracted by NGOs and international organizations. Media reported cases, especially on the islands, in which assigned staff were inadequate or improperly trained. On June 6, media reported that 40 employees from the Asylum Service offices in Attica, Korinthos and Patras attended a training seminar on statelessness, the Dublin Treaty, and gender-based violence to handle asylum cases more efficiently.

Everyone in the country is entitled to emergency medical care, regardless of legal status. Medical volunteers, NGO-contracted doctors, the Hellenic Center for Disease Control and Prevention, and army medical doctors provided basic health care in reception centers, referring emergencies and complex cases to local hospitals, which were often overburdened and understaffed. Some individuals suffering from chronic diseases continued to encounter problems obtaining proper medication. Pregnant women in Evros reception and detention facilities continued facing problems in accessing proper medical and prenatal care.

The government failed to identify asylum seekers with nonvisible vulnerabilities, such as victims of torture and trafficking victims, due to gaps and shortages in skilled staff, including medical doctors, at the RICs, several NGOs reported. On January 1, the government officially launched a multidisciplinary national referral mechanism (NRM), which included appropriate standard operating procedures and referral forms. The NRM required first responders to inform and coordinate with the EKKA, when potential victims were identified for care and placement.

Durable Solutions: Refugees may apply for naturalization after three years of residence in the country as a recognized refugee. The government continued to process family reunification applications for asylum seekers with relatives in other countries. The IOM offered voluntary returns to rejected asylum seekers and those who renounced their asylum claims.

Temporary Protection: As of September 30, the government provided temporary protection to approximately 2,578 individuals who may not qualify as refugees.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not always implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. Permanent and ad hoc government entities charged with combating corruption were understaffed and underfinanced. On July 17, law enforcement authorities arrested six medical doctors, three nurses, and an interpreter working at the hospital on Samos Island who allegedly sold bogus medical certificates to asylum seekers to facilitate their transfer to the mainland on health grounds. Hospital authorities noticed that many of the certificates issued were identical and referred to cases and conditions that were not usually dealt with at the hospital.

On August 7, parliament passed legislation establishing a unified transparency authority by transferring the powers and responsibilities of public administration inspection services to an independent authority.

Corruption: Reports of official corruption continued. On January 16, a criminal court in Athens found 20 former government officials, private businessmen, and shipyard officials guilty of bribery and money laundering over a contract for the construction of four submarines by a foreign company at the Skaramangas shipyards. Among those convicted were a former defense ministry official and a French-Swiss banker. The court imposed suspended jail sentences ranging from five to 20 years for all but one defendant.

The government intensified efforts to combat tax evasion by increasing inspections and crosschecks among various authorities and by engaging in more sophisticated types of verifications of undeclared income, such as the use of surveillance drones over popular islands to make sure tour boat operators provide receipts to visitors. Furthermore, monthly lotteries offer taxpayers rewards of 1,000 euros ($1,100) for using payment cards in their daily transactions. Media reported allegations of tax officials complicit in individual and corporate tax evasion.

Financial Disclosure: The law requires income and asset disclosure by appointed and elected officials, including private-sector employees such as journalists, and heads of government-funded NGOs. Several agencies are mandated to monitor and verify disclosures, including the General Inspectorate for Public Administration, the police internal affairs bureau, the Piraeus appeals prosecutor, and an independent permanent parliamentary committee. Declarations were made publicly available, albeit with delays. The law provides for administrative and criminal sanctions for noncompliance. Penalties range from two to 10 years’ imprisonment and fines from 10,000 to one million euros ($11,000 to $1.1 million).

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, with the exception of restricted access to reception and detention facilities for migrants on the islands and–in certain circumstances–to official camps on the mainland. Government officials were often cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the Ombudsman, a state body considered independent and effective, investigated complaints of human rights abuses by individuals. Five deputy ombudsmen dealt with human rights, children’s rights, citizen-state relations, health and social welfare, and quality of life problems, respectively. The office received adequate resources to perform its functions. In its 2018 annual report, the office reported it received 15,644 complaints, of which 72 percent were satisfactorily resolved.

The autonomous, state-funded National Commission for Human Rights (NCHR) advised the government on protection of human rights. The NCHR was considered independent, effective, and adequately resourced. On April 4, the head of the NCHR, Giorgos Stavropoulos, resigned in protest after the government added five members from the LGBTI community and two from the Romani community to the 25-member NCHR board. Stavropoulos asserted that the increase violated “the principle of equality,” as other member organizations had only one vote.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, except members of the military services, to form and join independent unions, conduct their activities without interference, and strike. Armed forces personnel have the right to form unions but not to strike. Police have the right to organize and demonstrate but not to strike.

The law does not allow trade unions in enterprises with fewer than 20 workers and places restrictions on labor arbitration mechanisms. The law also generally protects the right to bargain collectively. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity. The law allows company-level agreements to take precedence over sector-level collective agreements in the private sector. Civil servants negotiate and conclude collective agreements with the government on all matters except salaries.

Only the trade unions may call strikes. A strike may be considered unlawful if certain conditions and procedures are not observed, for example based on the proportionality principle, which enables courts to decide in each case whether the anticipated benefit from the strike is greater than the economic damage to the employer.

There are legal restrictions on strikes, including a mandatory four-day notification requirement for public-utility and transportation workers and a 24-hour notification requirement for private-sector workers. The law mandates minimum staff levels during strikes affecting public services. The law also gives authorities the right to commandeer services in national emergencies through civil mobilization orders. Anyone receiving a civil mobilization order is obliged to comply or face a prison sentence of at least three months. The law exempts individuals with a documented physical or mental disability from civil mobilization. The law explicitly prohibits the issuance of civil mobilization orders as a means of countering strike actions before or after their proclamation. The law also requires at least half of the members of a first-level union to endorse a strike for it to be held.

The government generally protected the rights of freedom of association and collective bargaining and effectively enforced the law. Penalties for violations of freedom of association and collective bargaining were insufficient to deter violations in all cases. Courts may declare a strike illegal for reasons including failure to respect internal authorization processes and secure minimum staff levels, failure to give adequate advance notice of the strike, and introduction of new demands during the strike. Administrative and judicial procedures to resolve labor problems were generally subject to lengthy delays and appeals.

There were some reports of antiunion discrimination. On August 18, the Corfu-based Union of Hotel Employees protested the dismissal of a hotel employee who had successfully claimed some of his unpaid wages. On May 24, media reported on the dismissal of a restaurant employee in Thessaloniki who had testified in favor of three former colleagues, supporting their claim that they were unlawfully dismissed and should return to their posts.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor and provides additional protections for children, limiting their work hours and their work under certain conditions. Although several government entities, including the police antitrafficking unit, worked to prevent and eliminate labor trafficking, there were reports of forced labor of women, children, and men, mostly in the agricultural sector. Forced begging (also see section 7.c., Prohibition of Child Labor and Minimum Age for Employment) mostly occurred in metropolitan areas and populous islands, focusing on popular metro stations, squares, and meeting places. Penalties for violations were insufficient to deter violations.

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 minimum age for employment in the industrial sector is 15, with higher limits for some activities. The minimum age is 12 in family businesses, theaters, and cinemas. A presidential decree permits children age 15 or older to engage in hazardous work in certain circumstances, such as when it is necessary as part of vocational or professional training. In such cases workers should be monitored by a safety technician or a medical doctor. Hazardous work includes work that exposes workers to toxic and cancer-producing elements, radiation, and similar conditions.

The Labor Inspectorate, which was placed under the authority of the General Secretariat for Labor at the Ministry of Labor and Social Affairs by a presidential decree issued on July 17, is responsible for enforcing child labor laws, with penalties for violators ranging from fines to imprisonment. Penalties were sufficient to deter violations in the formal economy. Trade unions, however, alleged that enforcement was inadequate due to the inspectorate’s understaffing and that the government did not adequately protect exploited children. In 2018 a researcher affiliated with the General Confederation of Greek Workers (GSEE) think tank reported 39,000 officially employed minors, 1,700 of whom were migrants and refugees. The report found that the legislative framework punishing labor exploitation was adequate in terms of penalties, but prosecutors made no effort to identify when and where violations occurred.

Child labor was a problem in the informal economy. Younger family members often assisted families in agriculture, food service, and merchandising on at least a part-time basis. Family members compelled some children to beg, pick pockets, or sell merchandise on the street, or trafficked them for the same purposes. The government and NGOs reported the majority of such beggars were indigenous Roma or Bulgarian, Romanian, or Albanian Roma. There were reports unaccompanied migrant children were particularly vulnerable to labor exploitation and worked mainly in the agricultural and, to a lesser extent, manufacturing sectors. On October 17, the NGO ARSIS reported it had identified approximately 750 minors, from January to September, who were selling small items, or working or begging in the streets of Thessaloniki. Approximately 450 of these children were unaccompanied minors, and 95 originated from Greece, Albania, and Bulgaria.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation based on race, religion, national origin, skin color, sex (including pregnancy), ethnicity, disability, age, sexual orientation, gender identity, HIV/AIDS status, or refugee or stateless status.

The government did not always effectively enforce these laws and regulations. Penalties provided by law were not sufficient to deter violators. Discrimination with respect to employment and occupation based on race, sex (including pregnancy), disability, HIV status, social status, age, sexual orientation, and gender identity occurred.

In its 2018 report on equal treatment, the ombudsman reiterated previous findings about pregnancy and maternity being treated by the employers as problems, at times resulting in dismissals from work. The ombudsman reported cases of interventions with employers in the state and private sectors in support of employees who faced discrimination on grounds of disability, age, sex, and social status. The ombudsman also interfered with businesses announcing job openings but setting age limits and gender preconditions which could not be explained by the type of the required services.

e. Acceptable Conditions of Work

By ministerial decree the government set the national minimum salary for employees in the private sector and for unspecialized workers. These wages were above the poverty income level. The government did not always enforce wage laws effectively, and penalties were not always sufficient to deter violations.

The maximum legal workweek is 40 hours. The law provides for at least one 24-hour rest period per week, mandates paid vacation of one month per year, and sets limits on the amount of overtime work which, based on conditions, may exceed eight hours in a week. The law regarding overtime work requires premium pay, and employers must submit information to the Ministry of Labor for authorization. Premium pay ranged from an additional 20 to 80 percent of the daily wage, based on the total number of extra hours and the day (Sundays, holidays, etc.), and whether it was night service. Employers also provided compensatory time off. These provisions were not always effectively enforced in all sectors, particularly in tourism, catering services, retail businesses, agriculture, the informal economy, or for domestic or migrant workers.

Wage laws were not always enforced. Unions and media alleged some private businesses were forcing their employees to return part of their wages and mandatory seasonal bonuses, in cash, after depositing them in the bank. Several employees were officially registered as part-timers but in essence worked additional hours without being paid. Overtime work was not always registered officially or paid accordingly. In other cases employees were paid after months of delay and oftentimes with coupons, not cash. Cases of employment for up to 30 consecutive days of work without weekends off were also reported. Such violations were noted mostly in the tourism, agriculture, and housekeeping services sectors. On May 13, the Labor Inspectorate imposed a fine of 435,000 euros ($478,000) on a home-improvement and gardening retailer for forcing its staff to work longer hours. During an inspection conducted on January 29, authorities found 29 employees working beyond their standard schedule.

The law provides for minimum standards of occupational health and safety, placing the responsibility for identifying unsafe situations on occupational safety and health experts and not the workers. Workers have the right to file a confidential complaint with the labor inspectorate regarding hazardous working conditions and to remove themselves from such situations without jeopardizing their employment. Owners who repeatedly violate the law concerning undeclared work or safety could face temporary closure of their businesses. Under the same law, employers were obliged to declare in advance their employees’ overtime work or changes in their work schedules. The legislation also provided for social and welfare benefits to be granted to surrogate mothers, including protection from dismissal during pregnancy and after childbirth. Courts were required to examine complaints filed by employees against their employers for delayed payment within two months after their filing, and to issue decisions within 30 days after the hearing.

The Labor Inspectorate is responsible for enforcement of labor law. The Ministry of Labor and Social Affairs is responsible for all concerns regarding occupational safety and health at the national level. Per the July 17 presidential decree, in addition to the Labor Inspectorate, the General Directorate for Labor Relations, Health, Safety and Inclusion at Work was also brought under the General Secretariat for Labor. The latter are the principal competent government authorities overseeing labor conditions in both private and public sectors, except for mining and marine shipping (which fall under the Ministry of Development and Investment and the Ministry of Shipping and Island Policy, respectively). Labor experts characterized health and safety laws as satisfactory but stated that enforcement by the Labor Inspectorate was inadequate.

According to government statistics for 2018, the percentage of undeclared work fell significantly to almost 9 percent in 2018, from almost 12.5 percent in 2017. On January 9, the government announced the deployment of an additional 44 employees to labor inspection services, setting a target of having 950 labor inspectors. On October 15, the government reported intensified efforts to uncover instances of undeclared work through increasing onsite labor inspections. Businesses found hiring undeclared employees were closed by the authorities for a few days and if repeatedly found violating the law the business could be permanently closed. Nonetheless, trade unions and media reiterated that enforcement of labor standards was inadequate in the shipping, tourism, and agricultural sectors. Enforcement was also lacking among enterprises employing 10 or fewer persons. According to a survey carried out for the GSEE, nine in 10 employees in the private sector faced worsening labor conditions in the years of the debt crisis. The percentage of wage earners with net monthly wages in the private sector has fallen at a higher rate than the public sector during the past nine years.

On August 9, the government abolished recently passed provisions of the previous administration regarding the liability of the contractor and subcontractor to provide grounded reasons for the legal termination of an employee’s contract. On October 31, the parliament passed legislation providing for a 12 percent increase in the hourly wage of part-time workers for every additional hour worked above the four-hour ceiling. The same law also changed the calculation of overtime for the first five hours worked after a 40-hour work week. Those hours would not be considered overtime, but employers are required to pay an additional 20 percent of the hourly wage of the employees.

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.

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.

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

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.

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.

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

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.

Peru

Executive Summary

Peru is a constitutional, multiparty republic. President Martin Vizcarra assumed the presidency in March 2018 following the resignation of then president Pedro Pablo Kuczynski when Vizcarra was vice president. Kuczynski won the 2016 national elections in a vote widely considered free and fair. Invoking articles of the constitution, President Vizcarra dissolved Congress on September 30. Legislative elections are scheduled for January 2020.

The national police, who report to the Ministry of Interior, maintain internal security. The military, reporting to the Ministry of Defense, is responsible for external security but also has some domestic security responsibilities in exceptional circumstances and in designated emergency areas. Civilian authorities generally maintained effective control over the security forces.

Significant human rights issues included isolated cases of torture; government corruption at all levels, including in the judiciary; sexual exploitation, including human trafficking; violence against women and girls; and forced labor.

The government took steps to investigate and in some cases prosecute or otherwise punish public officials, including high-level officials, accused of 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 generally respected this right. An independent press and a functioning democratic political system generally promoted freedom of expression, including for the press. According to the Interamerican Press Society, an increase in the number of civil libel and slander lawsuits and lengthy court cases threatened freedom of expression and freedom of the press.

Violence and Harassment: Journalists alleged that police, protesters, and company personnel assaulted and threatened them while covering various protests and incidents of social unrest. In one such incident in September, police officers attacked a journalist covering protests in Puno. The Ombudsman’s Office recommended the PNP investigate the alleged assault.

Censorship or Content Restrictions: NGOs continued to report that some media, most notably in the provinces outside of Lima, practiced self-censorship due to fear of local government reprisal.

Nongovernmental Impact: Some media reported narcotics traffickers and persons engaged in illegal mining threatened press freedom by intimidating local journalists who reported on those activities.

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.

In-country Movement: Due to the presence of the Shining Path, drug trafficking, and transnational organized crime, the government maintained an emergency zone in the VRAEM and parts of four regions where authorities restricted freedom of movement in an effort to maintain public peace and restore internal order.

Narcotics traffickers and Shining Path members at times interrupted the free movement of persons by establishing roadblocks in sections of the VRAEM emergency zone. Individuals protesting against extractive industry projects also occasionally established roadblocks throughout the country.

f. Protection of Refugees

As of July more than one million foreign-born persons lived in the country. In December 2018 the government discontinued the application for one-year temporary residence permits (PTPs) targeted at Venezuelans, who numbered more than 860,000. PTP holders can legally reside and work in the country. During the 23 months when PTPs were issued (February 2017 to December 2018), the government granted 486,000 permits. Before a PTP expires, the holder must adjust to a more permanent migratory status, including a “special migratory resident status” designed for PTP holders who certify economic activity and no criminal record. This status adjustment results in a foreign resident identification, equivalent in most ways to a Peruvian citizen’s national identification.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for protecting refugees. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and recognized the Peruvian Catholic Migration Commission as the official provider of technical assistance to refugees. The commission also advised citizens who sought asylum based on a fear of persecution. The government protected refugees on a renewable, year-to-year basis, in accordance with commission recommendations.

Employment: According to a September UNHCR report, 62 percent of Venezuelans surveyed in the cities of Cusco, Lima, Arequipa, Tumbes, and Tacna believed they had been targets of discrimination, particularly because of their nationality. Following decrees limiting the employment of foreigners in the cities of Cusco and Huancayo, the Ombudsman’s Office issued a public statement in March characterizing the decrees as promoting discriminatory conduct that reinforces stereotypes of Venezuelan migrants. Human rights advocates challenged the decrees in courts, and prosecutors denounced the mayor of Huancayo for inciting discrimination. The Cusco decree was amended to focus on penalizing the practice of arbitrarily dismissing workers and replacing them with persons willing to work at a lower wage.

Durable Solutions: The government does not have a formalized integration program for refugees, but it received persons recognized as refugees by other nations, granted refugee status to persons who applied from within Peru, and provided some administrative support toward their integration. UNHCR provided these refugees with humanitarian and emergency aid, legal assistance, documentation, and, in exceptional cases, voluntary return and family reunification.

Temporary Protection: As of August the government provided temporary protection to more than 277,000 individuals awaiting a decision on their refugee status. The government provided these individuals with temporary residence permits and authorization to work.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; however, the government did not always implement the law effectively, and officials often engaged in corrupt practices with impunity. There were numerous reports of corruption by government officials during the year. Citizens continued to view corruption as a pervasive problem in all branches of national, regional, and local governments.

Corruption: Several high-profile political figures were under investigation for corruption, particularly in relation to the well publicized Odebrecht corruption scandal. Former president Pedro Pablo Kuczynski (2016-18), who resigned in 2018 in the wake of a corruption scandal, was under house arrest pending charges against him. Former president Ollanta Humala (2011-16) and his wife Nadine Heredia remained under investigation on charges of money-laundering campaign donations. Their pretrial detention was annulled by the Constitutional Tribunal in 2018. Former president Alan Garcia (1985-90, 2006-11) died by suicide in April when police arrived at his residence to detain him under a 10-day preliminary arrest warrant on corruption charges. Former president Alejandro Toledo (2001-06) was in preventive detention in the United States awaiting extradition for allegedly accepting bribes during his administration. In November the Constitutional Tribunal approved a habeas corpus request to free two-time presidential candidate Keiko Fujimori from preventive detention while the investigation continued on charges of her obstruction of justice and money-laundering campaign donations.

There was evidence of widespread corruption in the judicial system. Prosecutors launched an investigation following 2018 media reports of a judicial scandal involving allegations of influence peddling and graft by various judges at all levels. In February a specialized team of prosecutors signed an agreement between the government and Brazilian company Odebrecht under which several corporate officials would collaborate with justice authorities to detail Odebrecht’s corruption schemes in Peru.

PNP officials at all levels were implicated in corruption scandals during the year. In September, PNP commander Manuel Hiraldo Morillo Cribilleros, head of the Criminal Division of Puerto Maldonado in the Madre de Dios region, was arrested during a large-scale law enforcement operation targeting the Los Brothers human trafficking ring. Morillo was suspected of being involved in sex trafficking and corruption.

Financial Disclosure: Most public officials must submit personal financial information to the Office of the Comptroller General prior to taking office and periodically thereafter. The comptroller monitors and verifies disclosures, but the law was not strongly enforced. Administrative punishments for noncompliance can include suspension between 30 days and one year, a ban on signing government contracts, and a ban on holding government office. The comptroller makes disclosures available to the public. The comptroller reported only 22 audits were conducted for the 50,000 public official disclosures in 2017. In July, Congress approved an executive proposal to strengthen penalties against anonymous campaign donations.

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 somewhat cooperative and responsive to their views.

Human rights and environmental activists continued to express concern for their safety while working in areas with a lot of natural resource extraction, including illegal logging and mining. They alleged local authorities harassed activists, especially in areas where officials faced corruption charges and suspicion of links to criminal activities. The activists claimed the slow, ineffective process for punishing harassers effectively supported impunity.

Government Human Rights Bodies: The Ministry of Justice and Human Rights, and in particular the Vice Ministry of Human Rights and Access to Justice, oversees human rights issues at the national level. The Ministry of Interior and the Ministry of Women and Vulnerable Populations also have significant human rights roles. These government bodies were generally considered effective.

The independent Office of the Ombudsman operated without government or party interference, and NGOs, civil society organizations, and the public considered it effective.

Congressional committees overseeing human rights included Justice and Human Rights; Women and the Family; Labor and Social Security; Andean, Amazonian, Afro-Peruvian Peoples and Environment and Ecology; Health and Population; and Social Inclusion and Persons with Disabilities.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

With certain limitations, labor laws and regulations provide for freedom of association, the right to strike, and collective bargaining. The law prohibits intimidation by employers and other forms of antiunion discrimination. It requires reinstatement of workers fired for union activity, unless they opt to receive compensation instead. The law allows workers to form unions without seeking prior authorization. By law at least 20 workers must be affiliated to form an enterprise-level union and 50 workers must be affiliated to form a sector-wide union or federation. Some labor activists viewed this requirement as prohibitively high in some instances, particularly for small and medium-sized businesses, which represent 96.5 percent of all businesses. The use of unlimited consecutive short-term contracts in sectors such as textiles, apparel, and agriculture made the exercise of freedom of association and collective bargaining difficult.

The law allows unions to declare a strike in accordance with their governing documents. Private-sector workers must give at least five working-days’ advance notice, and public-sector workers must give at least 10 working-days’ notice. The law allows nonunion workers to declare a strike with a majority vote as long as the written voting record is notarized and announced at least five working days prior to the strike. Unions in essential services are permitted to call a strike but must provide 15 working-days’ notice, receive the approval of the Ministry of Labor, obtain approval of a simple majority of workers, and provide a sufficient number of workers during a strike to maintain operations. Private enterprises and public institutions cannot fire workers who strike legally.

The law requires businesses to monitor their contractors with respect to labor rights, and it imposes liability on businesses for the actions of their contractors. Private-sector labor law sets out nine categories of short-term employment contracts that companies may use. The law sets time limits on contracts in each category and has a five-year overall limit on the consecutive use of short-term contracts. A sector-specific law covering parts of the textile and apparel sectors exempts employers from this five-year limit and allows employers to hire workers indefinitely on short-term contracts. In September, Congress renewed the agricultural promotion law, which provides for hiring, compensation, and vacation benefits for farmers until 2031.

The government did not effectively enforce the law. Although the Ministry of Labor and its National Superintendency of Labor Inspection (SUNAFIL) received budget increases in 2017 and 2018, resources remained inadequate to enforce freedom of association, collective bargaining, and other labor laws.

Penalties for violations of freedom of association and collective bargaining were insufficient to deter violations and, according to labor experts and union representatives, were rarely enforced. Workers continued to face prolonged judicial processes and lack of enforcement following dismissals for trade union activity. In October the Ministry of Labor created new services to protect unionization and freedom of association.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not effectively enforce the law. Forced labor and labor exploitation crimes continued to occur in domestic service, agriculture, forestry, mining, factories, counterfeit operations, brick making, and organized street begging.

Resources, inspections, and remediation were inadequate, and the law was not enforced effectively. The law prescribes penalties of eight to 15 years’ imprisonment for labor trafficking. The government, due in part to weak enforcement and uneven application of the law, failed to deter violations.

SUNAFIL officials conducted inspections to identify forced labor. The Ministry of Labor and SUNAFIL trained SUNAFIL staff and nearly 3,000 regional labor inspectors around the country to raise awareness of forced labor and the applicable law. In September the government approved the National Plan against Forced Labor for 2019-22. The plan aims to identify victims of forced labor, improve the government’s response to violations, restore rights that were violated, and give victims access to basic services, such as legal assistance, health care, and job training. The government also continued to implement the National Plan of Action against Trafficking in Persons 2017-21.

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 most of the worst forms of child labor, but there is no prohibition of child recruitment by nonstate armed groups. The legal minimum age for employment is 14, although children between the ages of 12 and 14 may work in certain jobs for up to four hours per day. Adolescents between the ages of 15 and 17 may work up to six hours per day if they obtain special permission from the Ministry of Labor and certify that they are attending school. In certain sectors of the economy, higher age minimums exist: 15 in nonindustrial agriculture; 16 in industry, commerce, and mining; and 17 in industrial fishing. The law specifically prohibits hiring minors in hazardous occupations, including working underground, lifting or carrying heavy weights, accepting responsibility for the safety of others, and working at night. The law allows a judge to authorize children who are 15 and older to engage in night work not exceeding four hours a day. The law prohibits work that jeopardizes the health of children and adolescents; puts their physical, mental, and emotional development at risk; or prevents regular attendance at school.

A permit from the Labor Ministry is required for persons younger than 18 to work legally. Parents must apply for the permit, and employers must have a permit on file to hire a minor.

The Ministry of Labor and SUNAFIL are responsible for enforcing child labor laws, but enforcement was not effective, especially in the informal sector, where most child labor occurred.

In August the Labor Ministry signed a decree that establishes a public accreditation process for companies producing child-labor-free agricultural products.

A 2016 government report on child labor found that more than 26 percent of children between the ages of five and 17 worked. The report noted child labor rates correlated closely with high poverty rates. The report found the rate of child labor was highest, at 46 percent, in rural, agricultural areas, whereas in urban areas the child labor rate was 13 percent.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination based on race, color, sex, religion, political opinion, national origin, citizenship, social origin, disability, age, language, or social status. The law does not specifically identify discrimination based on sexual orientation, gender identity, HIV-positive status, or other communicable diseases. The law prohibits discrimination against domestic workers and prohibits any requirement by employers for their domestic workers to wear uniforms in public places. The law establishes the following employment quotas for persons with disabilities: 3 percent for private businesses with more than 50 employees and 5 percent for public-sector organizations. The National Council for the Integration of Persons with Disabilities oversees compliance with employment quotas for persons with disabilities.

The government did not effectively enforce the law. Penalties for violations include fines and imprisonment, but they were not sufficient to deter violations. NGOs and labor rights advocates noted that discrimination cases often went unreported.

Societal prejudice and discrimination led to disproportionately high poverty and unemployment rates for women, who earned 30 percent less than their male counterparts. Women were more likely than men to work in the informal sector, such as in domestic work or as street vendors, resulting in lower wages and a lack of benefits. Women were also more likely to work in less safe occupations, such as factory work, exposing them to more occupational injuries and serious accidents.

e. Acceptable Conditions of Work

The law provides for a national minimum wage, which was less than the official estimate for the poverty income level. The government did not effectively enforce wage laws, and penalties were not sufficient to deter violations of minimum wage standards.

The law provides for a 48-hour workweek and one day of rest for formal workers. There is no prohibition on excessive compulsory overtime, nor does the law limit the amount of overtime that a worker may work. The law stipulates 15 days of paid annual vacation.

Occupational safety and health (OSH) standards are appropriate for the main industries. SUNAFIL is responsible for the enforcement of OSH standards. The government did not effectively enforce the law, as it did not devote sufficient resources or personnel to enforce OSH standards adequately.

Noncompliance with labor law is punishable by fines. According to a labor NGO and labor experts, many fines went uncollected, in part because the government lacked an efficient tracking system and at times lacked political will.

The law provides for fines and criminal sanctions for OSH violations. In cases of infractions, injury, or death of workers or subcontractors, the penalty is sufficient to deter violations. Criminal penalties are limited to those cases where employers deliberately violated safety and health laws and where labor authorities had previously and repeatedly notified employers who did not adopt corrective measures. The law requires that a worker prove an employer’s culpability before he or she can obtain compensation for work-related injuries.

Representatives of labor, business, and the government reported that the majority of companies in the formal sector generally complied with the law. Many workers in the informal economy, which was approximately 70 percent of the total labor force, received less than the minimum wage. Most informal workers were self-employed. Nearly 90 percent of Venezuelan migrant workers were in the informal sector, most of them in suboptimal conditions due to their lack of proper documentation and inability to validate their academic credentials.

Spain

Executive Summary

The Kingdom of Spain is a parliamentary democracy headed by a constitutional monarch. The country has a bicameral parliament, the General Courts or National Assembly, consisting of the Congress of Deputies (lower house) and the Senate (upper house). The head of the largest political party or coalition usually is named to head the government as president of the Council of Ministers, the equivalent of prime minister. Observers considered national elections held on April 28 and November 10 to be free and fair.

Police forces include the national police and the paramilitary Civil Guard, both of which handle migration and border enforcement under the authority of the national Ministry of the Interior, as well as regional police under the authority of the Catalan and the Basque Country regional governments. Civilian authorities maintained effective control over the security forces.

There were no reports of significant human rights abuses during the year.

The government generally took steps to prosecute officials who committed human rights abuses. In some instances officials engaged in corruption and created the impression of impunity.

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

Freedom of Expression: The law prohibits, subject to judicial oversight, actions including public speeches and the publication of documents that the government interprets as celebrating or supporting terrorism. The law provides for imprisonment from one to four years for persons who provoke discrimination, hatred, or violence against groups or associations on the basis of ideology, religion or belief, family status, membership in an ethnic group or race, national origin, sex, sexual orientation, illness, or disability.

The law penalizes the downloading of illegal content and the use of unauthorized websites, violent protests, insulting a security officer, recording and disseminating images of police, and participating in unauthorized protests outside government buildings. The NGO Reporters without Borders (RSF) called the law a threat to press freedom, while the Professional Association of the Judiciary considered it contrary to freedom of speech and information. The Spanish Socialist Workers’ Party (PSOE) challenged the law in the Constitutional Court, where a decision remained pending.

Violence and Harassment: The RSF and other press freedom organizations stated that the country’s restrictive press law and its enforcement impose censorship and self-censorship on journalists.

On September 11 and October 1, unknown persons assaulted television journalists covering demonstrations for Catalan independence in Barcelona. The perpetrators were not identified or apprehended. The RSF stated approximately 50 such abuses occurred in Catalonia in 2018 and 2019.

On October 15, the International Press Institute called upon authorities to ensure an end to police attacks on journalists covering protests following the ruling of the Supreme Courte jailing leaders of the Catalan independence movement.

On November 6, Harlem Desir, the representative for the Organization for Security and Cooperation in Europe for Freedom of the Media condemned the posters that radical proindependence groups hung in Barcelona, calling six Spanish journalists “information terrorists,” including their names and the media they work for, and telling them “to stay in Madrid.” The Journalists Association of Catalonia and the Union of Journalists of Catalonia have also condemned the actions.

The Barcelona Hate Crimes Prosecutor’s 2018 report continued to document an increase in the number of hate crimes beginning in October 2017, mostly attributable to political beliefs related to the Catalan independence movement. In Barcelona Province, 40.5 percent of 412 registered cases represented hate speech and discrimination against those holding differing political views. Police reports confirmed an increase in cases of political discrimination in Catalonia. Attacks, which ranged from insults to physical assaults, increased from 121 in 2017 to 326 in 2018.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The report of the SPT stated that, in the Aluche migrant center in Madrid, men were subject to physical and psychological abuse. Detainees of both sexes in Aluche were given only one change of clothes, while detainees in other visited centers received more than one change of clothes.

In its 2018 report on migrant centers in Ceuta and Melilla, the National Ombudsman noted the deterioration of housing facilities and the inadequacy of rooms for mothers with small children.

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

Refoulement: Local NGOs and UNHCR reported several cases of migrant refoulement by Spanish authorities in the enclave cities of Ceuta and Melilla. In February the UN Committee on the Rights of a Child criticized the government for the refoulement of a 15-year-old Malian boy who tried to enter the country in Melilla in 2014. The committee stated the government failed to render the youth any assistance, to consider the basis of his request, and to consider the possibility of injury the boy might receive from Moroccan authorities upon his return.

Spain and Morocco signed an agreement in February to permit the Spanish Maritime Safety Agency to operate from Moroccan ports and to return irregular migrants it rescues off the Moroccan coast to shore in Morocco rather than to Spain.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The country has bilateral return agreements with Morocco and Algeria. Authorities review asylum petitions individually, and there is an established appeals process available to rejected petitioners. The law permits any foreigner in the country who is a victim of gender-based violence or of trafficking in persons to file a complaint at a police station without fear of deportation, even if that individual is in the country illegally. Although potential asylum seekers were able to exercise effectively their right to petition authorities, some NGOs, such as the Spanish Commission for Refugees (CEAR), and the NGO Accem, as well as UNHCR alleged that several migration reception centers lacked sufficient legal assistance for asylum seekers. The NGOs reported that getting an appointment to request asylum could take months. CEAR reported the government granted refugee status to 575 individuals in 2018. This number did not include refugees accepted from Italy, Greece, Turkey, and Lebanon, as part of the EU relocation and resettlement plan.

According to the Ministry of the Interior, by August 13, 18,018 persons arrived in the country irregularly via the Mediterranean Sea or land border crossing points in Ceuta and Melilla bordering Morocco, 39-percent fewer than during the same period in 2018.

In September, CEAR criticized the government’s failure to protect Honduran, Guatemalan, and Salvadoran nationals. According to CEAR, the government during the year to that date approved only 15 requests of the nearly 320 asylum requests it reviewed. In 2018, 4,860 persons sought international protection in the country, with the majority filed by Hondurans (2,410) and Salvadorans (2,275). In the first six months of 2019, these numbers nearly doubled (3,212 Hondurans and 2,527 Salvadorans).

Safe Country of Origin/Transit: Under EU law the country considers all other countries in the Schengen area, the EU, and the United States to be safe countries of origin.

Access to Basic Services: In Ceuta and Melilla, according to UNHCR, asylum seekers could wait up to several months in some cases before being transferred to the care of NGOs in mainland Spain. Migrants from countries without a return agreement and those who demonstrated eligibility for international protection were provided housing and basic care as part of a government-sponsored reception program managed by various NGOs.

Durable Solutions: The government accepted refugees for relocation and resettlement and provided assistance through NGOs such as CEAR and Accem. UNHCR noted the country’s system for integrating refugees, especially vulnerable families, minors, and survivors of gender-based violence and trafficking in persons, needed improvement.

The government assisted in the safe, voluntary return of failed asylum seekers and migrants to their homes or the country they came from.

Temporary Protection: The government also provided temporary protection to individuals whose applications for asylum were pending review, or who did not qualify as refugees and asylees. CEAR reported that in 2018 the government granted temporary international protection to 2,320 individuals. As of July, the government had granted humanitarian protection to approximately 7,700 Venezuelan citizens, which allows them one-year residency permit that can be extended to two years.

There was an unprecedented increase in the number of unaccompanied minor migrants arriving to the country. As of September, 1,700 new minors arrived in Catalonia to raise the total of minors under the protection of the regional authorities to 4,269. The regional government struggled to provide accommodation for the youths, some of whom had to sleep in police stations. The relocation of these youths to centers in Catalan towns sparked protests. In March a man armed with a machete entered a building in Canet de Mar where 50 unaccompanied minors were housed. Protests occurred in Rubi and Castelldefels, where a group of 25 hooded attackers broke into the youth center, damaging property and throwing stones at the youths and their teachers. In July there were protests against unaccompanied minors in El Masnou after one of them was accused of attempting to rape a girl. The protesters tried to attack the center housing the unaccompanied minors, leaving six persons injured, including four of the youths. There have also been counterprotests condemning the protesters against the unaccompanied minors as racists.

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.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Prosecutions and convictions for corruption were rare compared to the complaints filed, mainly because of the extensive system of legal appeals.

Corruption: Corruption was a problem in the country. In 2018 courts issued 63 corruption-related rulings, of which 40 were completely or partially condemnatory and 23 acquittals. During the first half of the year, courts issued 50 corruption-related rulings, of which 37 were completely or partially condemnatory. As of January, 90 persons were in prison for corruption charges. The main continuing corruption cases involved members of center-right Popular Party, retired police inspector Jose Manuel Villarejo, former managing director of the International Monetary Fund Rodrigo Rato, and Socialist Party former officials in the Andalusian regional government.

On June 25, the Group of States against Corruption of the Council of Europe removed the country from the list of countries that applied the requirements to fight corruption in an unsatisfactory manner.

On November 19, the Provincial Court of Seville sentenced 19 officials accused of abuse of power or misuse of 680 million euros ($748 million) in public funds between 2000 and 2009. The judges ruled that the defendants were involved in illicit payouts using funding earmarked to assist the unemployed. The accused include two former Andalusian regional leaders from the PSOE and several regional PSOE officials, with some receiving six to eight years in prison and all barred from holding public office for eight to 19 years.

Financial Disclosure: Public officials are subject to financial disclosure laws and are required to publish their income and assets on publicly available websites each year. There are administrative sanctions for noncompliance.

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

A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views.

Government Human Rights Bodies: The national ombudsman serves to protect and defend basic rights and public freedom on behalf of citizens. The ombudsman was generally effective, independent, and had the public’s trust. The ombudsman’s position has been vacant since 2014 and is filled on an acting basis by the first deputy assessor.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law allows most workers, including foreign and migrant workers, to form and join independent unions of their choice without previous authorization or excessive requirements. Military personnel and national police forces do not have the right to join generalist unions. Judges, magistrates, and prosecutors may join only bar associations.

The law provides for collective bargaining, including for all workers, part-time and full-time, in the public sector except military personnel, and the government effectively enforced the applicable laws. Public sector collective bargaining includes salaries and employment levels, but the government retained the right to set the levels if negotiations failed. The government has the unilateral power to annul, modify, or extend the content and scope of collective agreements in the public sector, and all collective bargaining agreements must be registered with the government.

The constitution and law provide for the right to strike, and workers exercised this right by conducting legal strikes. The law prohibits strikers from disrupting or seeking to disrupt harmonious relationship among citizens, disturbing public order, causing damage to persons or property, blocking roads or public spaces, or preventing authorities or bodies from performing their duties freely. Any striking union must respect minimum service requirements negotiated with the respective employer. Law and regulations prohibit retaliation against strikers, antiunion discrimination, and discrimination based on union activity, and these laws were effectively enforced. According to the law, if an employer violates union rights, including the right to conduct legal strikes, or dismisses an employee for participation in a union, the employer could face imprisonment from six months to two years or a fine if the employer does not reinstate the employee. These penalties were sufficient to deter violations.

Workers freely organized and joined unions of their choice. The government generally did not interfere in union functioning. Collective bargaining agreements covered approximately 80 percent of the workforce in the public and private sectors at the end of the year. On occasion employers used the minimum service requirements to undermine planned strikes and ensure services in critical areas such as transportation or health services.

Although the law prohibits antiunion discrimination by employers against workers and union organizers, unions contended that employers practiced discrimination in many cases by refusing to renew the temporary contracts of workers engaging in union organizing. There were also antiunion dismissals and interference in the activities of trade unions and collective bargaining in the public sector.

According to a 2019 report by the International Trade Union Confederation (ITUC), companies routinely accede to individual agreements with employees to avoid collective bargaining with unions. The ITUC also criticized government restrictions on the right to strike, with unions reporting that more than 300 workers have been charged under the criminal code that regulates participation in strikes based on minimum service requirements.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor including by children.

The government effectively enforced the law. It maintained strong prevention efforts, although the efforts focused more on forced prostitution than other types of forced labor. The government had an insufficient number of inspectors to enforce the law effectively. The government did not implement new forced labor awareness campaigns. Penalties were sufficiently stringent to deter violations.

There were cases of employers subjecting migrant men and women to forced labor in domestic service, agriculture, construction, and the service industry. Unaccompanied children remained particularly vulnerable to labor exploitation and forced begging.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor, as defined by international standards. The statutory minimum age for the employment of children is 16. The law also prohibits those younger than 18 from employment at night, overtime work, or employment in sectors considered hazardous, such as the agricultural, mining, and construction sectors. Laws and policies provide for protection of children from exploitation in the workplace, and these laws generally were enforced.

The Ministry of Employment, Migration, and Social Security has primary responsibility for enforcement of the minimum age law, and it enforced the law effectively in industries and the service sector.

The ministry did not effectively enforce the law on small farms and in family-owned businesses, where child labor persisted. The government effectively enforced laws prohibiting child labor in the special economic zones. In 2017, the most recent year for which data were available, the Ministry of Employment, Migration, and Social Security detected 20 violations of child labor laws that involved 24 minors between ages 16 and 18, and 19 violations involving 37 minors under 16 years old. The fines amounted to more than 250,000 euros ($275,000). In 2017 there were 13 violations related to the safety and health of working minors, involving 18 minors, with penalties of more than 150,000 euros ($165,000). The penalties for violating child labor laws were sufficient to deter violations.

There were reports that criminals subjected children to trafficking in the sex trade and forced solicitation, as well as pornography. Police databases do not automatically register foreign children intercepted at the borders, making them vulnerable to exploitation, including forced begging and commercial sexual exploitation (see section 6, Children).

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation and the government effectively enforced the law, although discrimination in employment and occupation still occurred with respect to race and ethnicity, gender, and sexual orientation. The government requires companies with more than 50 workers to reserve 2 percent of their jobs for persons with disabilities.

According to Eurostat, female workers earned 14.9-percent less per hour than their male counterparts. Gross salary, according to Eurostat, was 20 percent lower.

On International Women’s Day on March 8, hundreds of thousands of women and men demonstrated in most cities to call attention to gender-based violence, wage gaps, and sexual harassment.

e. Acceptable Conditions of Work

The law provides for a national minimum wage, which barely met the poverty level in 2018.

The Ministry of Employment, Migration, and Social Security effectively enforced minimum wage, hours of work, and occupational safety and health standards in the formal economy but not in the informal economy.

The law provides for a 40-hour workweek, with an unbroken rest period of 36 hours after each 40 hours worked. The law restricts overtime to 80 hours per year unless a collective bargaining agreement establishes a different level. Pay is required for overtime and must be equal to or greater than regular pay.

The National Institute of Safety and Health in the Ministry of Employment, Migration, and Social Security has technical responsibility for developing occupational safety and health standards. The law protects workers who remove themselves from situations that could endanger their health or safety without jeopardy to their employment.

The Inspectorate of Labor has responsibility for enforcing the law on occupational safety and health standards through inspections and legal action if inspectors find infractions. The number of inspectors was insufficient to enforce the law. The penalties were not sufficient to deter violations. Unions criticized the government for devoting insufficient resources to inspection and enforcement. The most common workplace violations included occupational safety standards in the construction sector and infractions of wages and social security benefits on workers in the informal economy. In June 2018 Funcas (Fundacion de Cajas de Ahorros) estimated that the informal economy was between 18.5 and 24.5 percent of the country’s gross domestic product.

In 2018 the Ministry of Labor, Migration, and Social Security recorded 617,488 workplace accidents, of which authorities considered 3,992 as serious but nonfatal. There were 557 fatal accidents, 15 more than in 2017.

Through July the Ministry of Labor, Migration, and Social Security recorded 310,130 workplace accidents, of which 292 were fatal accidents, 74 fewer more than the same period in 2018.

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future