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Bahrain

Executive Summary

Bahrain is a constitutional, hereditary monarchy. King Hamad Bin Isa al-Khalifa, the head of state, appoints the cabinet, consisting of 24 ministers; 12 of the ministers were members of the al-Khalifa ruling family. The king, who holds ultimate authority over most government decisions, also appoints the prime minister–the head of government–who does not have to be a member of parliament. Parliament consists of an appointed upper house, the Shura (Consultative) Council, and the elected Council of Representatives, each with 40 seats. The country holds parliamentary elections every four years, and according to the government, 67 percent of eligible voters participated in the most recent elections, held in November 2018. Two formerly prominent opposition political societies, al-Wifaq and Wa’ad, did not participate in the elections due to their dissolution by the courts in 2016 and 2017, respectively. The government did not permit international election monitors. Domestic monitors generally concluded authorities administered the elections without significant procedural irregularities.

The Ministry of Interior is responsible for internal security and controls the public security force and specialized security units responsible for maintaining internal order. The Coast Guard is also under its jurisdiction. The Bahrain Defense Force is primarily responsible for defending against external threats, while the Bahrain National Guard is responsible for both external and internal threats. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: allegations of torture; arbitrary detention; political prisoners; arbitrary or unlawful interference with privacy; restrictions on freedom of expression, the press, and the internet, including censorship, site blocking, and criminal libel; substantial interference with the rights of peaceful assembly and freedom of association, including restrictions on independent nongovernmental organizations (NGOs) keeping them from freely operating in the country; restrictions on freedom of movement, including revocation of citizenship; and restrictions on political participation, including banning former members of al-Wifaq and Wa’ad from running as candidates in elections.

The government prosecuted low-level security force members accused of human rights abuses, following investigations by government or quasi-governmental institutions. Human rights organizations claimed investigations were slow and lacked transparency.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech and the press, “provided that the fundamental beliefs of Islamic doctrine are not infringed, the unity of the people is not prejudiced, and discord and sectarianism are not aroused.” The government limited freedom of speech and the press through prosecution of individuals under libel, slander, and national security laws that targeted citizen and professional journalists.

Freedom of Expression: The law forbids any speech that infringes on public order or morals. Speech is curtailed in both traditional media and social media. While individuals openly expressed critical opinions regarding domestic political and social issues in private settings, those who expressed such opinions publicly often faced repercussions. During the year the government took steps against what it considered acts of civil disobedience, which included critical speech. The penal code allows penalties of no less than one year and no more than seven years of imprisonment, plus a fine, for anyone who “offends the monarch of the Kingdom of Bahrain, the flag, or the national emblem.”

On May 22, King Hamad ratified amendments to the Protection of the Community against Terrorist Acts law spelling out penalties of up to five years in prison for encouraging or possessing materials that support terrorist activities. The law appeared to give law enforcement and prosecutors greater authority to submit audio, emails, and social media posting as evidence in court. Activists expressed concern the provisions could be used to curtail dissent and criticism, especially in social media forums.

Press and Media, Including Online Media: The government did not own any print media, but the Ministry of Information Affairs and other government entities exercised considerable control over privately owned domestic print media.

The government owned and operated all domestic radio and television stations. Audiences generally received radio and television broadcasts in Arabic, Farsi, and English from countries in the region, including by satellite, without interference. The Ministry of Information Affairs reviewed all books and publications prior to issuing printing licenses. The Ministry of Justice and Islamic Affairs also reviewed those books that discussed religion.

Since the 2017 closure of al Wasat newspaper, opposition perspectives were available only via online media sources based outside the country, some of which the government blocked.

Violence and Harassment: According to local journalists and human rights groups, authorities sometimes harassed, arrested, or threatened journalists, photographers, and “citizen journalists” active on social media due to their reporting. Authorities claimed, however, that some individuals who identified themselves as journalists and photographers were associated with violent opposition groups and produced propaganda and recruiting videos for these groups. International media representatives reported difficulty in obtaining visas to work as journalists. The government brought criminal complaints against journalists who worked without accreditation.

Censorship or Content Restrictions: Government censorship occurred. Ministry of Information Affairs personnel actively monitored and blocked stories on matters deemed sensitive, especially those related to sectarianism, national security, or criticism of the royal family, the Saudi royal family, or the judiciary. Journalists widely practiced self-censorship. Some members of media reported government officials contacted editors directly and told them to stop publishing articles on certain subjects.

The press and publications law prohibits anti-Islamic content in media and mandates imprisonment for “exposing the state’s official religion to offense and criticism.” The law states, “Any publication that prejudices the ruling system of the country and its official religion can be banned from publication by a ministerial order.”

Libel/Slander Laws: The government enforced libel and national security-related laws restricting freedom of the press. The penal code prohibits libel, slander, and “divulging secrets,” and it stipulates a punishment of imprisonment of no more than two years or a fine of no more than 200 dinars ($530). Application of the slander law was selective. The Ministry of Interior reported the government fined or imprisoned 172 individuals for “slander,” “libel,” or “divulging secrets” between January and September, compared with 19 cases in 2018. Twenty-four persons were convicted of “insulting a government institution,” and 529 were convicted of “misusing a telecommunications device.”

On March 13, former senior opposition leader Ebrahim Sharif received a six-month suspended sentence and a 500-dinar ($1,300) fine from the Lower Criminal Court for defaming the then president of Sudan Omar al Bashir in a tweet by referring to him as a “despot.” The government maintained that Sharif’s case was about an illegal act, not a narrowing of freedom of expression. The Court of Cassation upheld his conviction on December 31.

National Security: National security-related law provides for fines up to 10,000 dinars ($26,500) and prison sentences of at least six months for criticizing the king or inciting actions that undermine state security, as well as fines of up to 2,000 dinars ($5,300) for 14 related offenses. Punishable activities include publicizing statements issued by a foreign state or organization before obtaining ministry approval, publishing any reports that may adversely affect the dinar’s value, reporting any offense against a head of a state that maintains diplomatic relations with the country, and publishing offensive remarks concerning an accredited representative of a foreign country due to acts connected with the person’s position.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government did not always respect these rights.

Foreign Travel: The law provides the government may reject for “reasonable cause” applications to obtain or renew passports, but the applicant has the right to appeal such decisions before the High Civil Court. Individuals, including citizens of other countries, reported authorities banned them from travel out of the country due to unpaid debt obligations or other fiduciary responsibilities with private individuals or with lending institutions, as well as for open court cases. The government maintained an online website during the year that allowed individuals to check their status before they traveled, although some persons reported the website was not a reliable source of information. Authorities relied on determinations of “national security” when adjudicating passport applications. During the year authorities prevented a number of activists from leaving the country without providing options for legal recourse.

Exile: There were no reports the government prohibited the return of individuals whom the government considered citizens. The government, however, prohibited the return of those whose citizenship it formally revoked, or those it no longer considered citizens.

Citizenship: The government may revoke citizenship in both criminal and political cases, including for natural-born citizens. Authorities maintained the revocation of citizenship of some opposition political and religious figures. The government did not consider whether individuals may become stateless by these actions. At times it threatened to halt payments of pensions or remove families from government-assisted housing if a head-of-household lost his citizenship. Some family members, especially women and minor children, reported difficulties renewing their passports and residence cards and obtaining birth certificates for children. The government did not report how many persons had their citizenship revoked during the year; international human rights NGOs placed the total number of such cases at more than 700 since 2012. On June 27, King Hamad declined to finalize the more than 550 revocations in process, effectively cancelling the process and returning full citizenship to individuals named in those cases.

Also on June 27, King Hamad issued Royal Decree-Law No. 16, which ended the practice of automatically recommending citizenship revocation when individuals were convicted of certain terrorism-related crimes. The decree appeared to clarify that the prime minister and the minister of interior, rather than King Hamad and the courts, would now determine citizenship revocations. Some activists expressed concern that the new law reduced the transparency of the citizenship revocation process.

f. Protection of Refugees

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The government at times provided protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion; however, protection was mostly limited to those who had been able to obtain and maintain employment in the country. Such individuals generally had access to health care and education services while employed but were at risk of deportation if they became unemployed or if their country of origin revoked their passports. The Office of the High Commissioner for Refugees reported that as of September, there were 312 refugees and asylum seekers registered with the agency.

Section 3. Freedom to Participate in the Political Process

Citizens have limited ability to choose their government and their political system. The constitution provides for a democratically elected Council of Representatives, the lower house of parliament. The constitution permits the king to dissolve the Council of Representatives, but it requires that he first consult the presidents of the upper and lower houses of parliament as well as the head of the Constitutional Court. The king also has the power to amend the constitution and to propose, ratify, and promulgate laws.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of official corruption, but the government did not implement the law adequately, and some officials reportedly engaged in corrupt practices. The law subjects government employees at all levels to prosecution if they use their positions to engage in embezzlement or bribery, either directly or indirectly. Penalties may be up to 10 years’ imprisonment. The General Directorate of Anticorruption and Economic and Electronic Security held workshops for various ministries throughout the year.

Corruption: The National Audit Office (NAO) is responsible for combating government corruption. The Government Executive Committee, chaired by the crown prince, reviews any violations cited in the NAO’s annual report. In December 2018 the government released the office’s annual report, and the government released some findings to the public; however, the full report was not published or made available online. The government reported that six officials were charged with or jailed on embezzlement or bribery-related charges during the year.

Significant areas of government activity, including the security services and the Bahrain Defense Force, lacked transparency, and the privatization of public land remained a concern among opposition groups.

Financial Disclosure: The law does not require government officials to make financial disclosures.

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

Government officials sometimes met with local human rights NGOs but generally were not responsive to the views of NGOs they believed were politicized and unfairly critical of the government.

Domestic human rights groups operated with government restrictions, with some human rights activists imprisoned, exiled, or coerced into silence, according to reporting by international human rights organizations. Domestic human rights groups included the Bahrain Human Rights Society and Bahrain Human Rights Watch Society, the primary independent and licensed human rights organizations in the country; the BCHR, although dissolved by the government in 2004, continued to operate and maintain an online presence; and the unlicensed Bahrain Youth Society for Human Rights. The unlicensed umbrella human rights organization Bahrain Human Rights Observatory also issued numerous reports and had strong ties to international human rights NGOs.

Domestic human rights groups faced significant difficulties operating freely and interacting with international human rights organizations. The government sometimes harassed and deprived local NGO leaders of due process. Local NGO leaders and activists also reported government harassment, including police surveillance, delayed processing of civil documents, and “inappropriate questioning” of their children during interviews for government scholarships. Activists reported forgoing travel, in particular to international human rights events, fearing a reimposition of international travel bans.

Individuals affiliated with international human rights and labor organizations, or who were critical of the government, reported authorities indefinitely delayed or refused visa applications, or at times refused entry to the country for individuals who possessed a valid visa or qualified for the country’s visa-free entry program.

Government Human Rights Bodies: A 2016 amendment to a royal decree re-established the country’s National Human Rights Organization, now called the NIHR. The decree strengthened the NIHR by giving it the right to conduct unannounced visits to police facilities and increasing its financial independence. Throughout the year the NIHR conducted numerous human rights workshops, seminars, and training sessions, as well as prison visits, and referred numerous complaints to the PPO. It issued its latest annual report in March 2018 and contributed to PDRC, ombudsman, and SIU investigations. It also operated a hotline for citizens and residents to file human rights-related complaints and offered an in-person walk-in option for filing complaints.

The government reported that between January and August, there were 12 referrals of law enforcement for misconduct and one conviction of a police officer on criminal charges, noting 46 other cases were pending further investigation.

The SIU investigates and refers cases of security force misconduct, including complaints against the police, to the appropriate court, which includes civilian criminal courts, the ministry’s Military Court, and administrative courts (see section 1.c.). As of September the SIU received 53 complaints of police misconduct, one of which was against the Special Security Force Command. The SIU referred one case to the criminal court for prosecution. The ministry generally did not release the names of officers convicted, demoted, reassigned, or fired for misconduct, although it reported the highest-ranking police officer prosecuted for any crime was a captain.

There was also a BNSA Office for the Inspector General and a Ministry of Interior Ombudsman’s Office, created as a result of the BICI. While both offices were responsible for addressing cases of mistreatment and abuse by the security forces, there was little public information available regarding the BNSA inspector general’s activities. The ombudsman’s sixth annual report, released in September, reported 289 complaints and 778 assistance requests between May 2017 and April from alleged victims of mistreatment by police and civilian staff, their families, or organizations representing their interests. Of these complaints, 70 were referred to the relevant disciplinary body, including police administrative hearing “courts” and the PPO, 50 were still under investigation, and 144 were closed without resolution. The ombudsman reported receipt of 43 complaints against the CID, of which seven cases were referred for criminal or disciplinary proceedings, and 86 complaints against Jaw Prison, of which 40 cases were referred for criminal or disciplinary action. The ombudsman referred 15 of the cases against the CID and 73 against Jaw Prison for criminal or disciplinary procedures; four and 19 additional cases were still under investigation, respectively.

The PDRC, chaired by the ombudsman, monitors prisons, detention centers, and other places where persons may be detained, such as hospital and psychiatric facilities. The PDRC is empowered to conduct inspections of facilities, interview inmates or detainees, and refer cases to the Ombudsman’s Office or SIU.

The ministry organized various human rights training programs for its employees, including a year-long human rights curriculum and diploma at the Royal Police Academy. The academy regularly negotiates memoranda of understanding with the NIHR to exchange expertise. The academy continued to include a unit on human rights in international law as part of the curriculum for its master’s degree in Security Administration and Criminal Forensics. The NIHR had a memorandum with the BNSA to organize workshops and training sessions for BNSA officers relating to human rights and basic rights and to collaborate on future research.

During the year two women in the police force held the rank of brigadier general and general director.

In part to address concerns about inadequate Shia representation in the demographics of police and security forces, in 2005 the government established the community police program, which recruited individuals to work in their own neighborhoods. Local activists and human rights organizations reported, however, that the demographics of the overall security forces still failed to represent adequately Shia communities. Official statistics documented 1,374 community police officers, of whom 307 were women. The ministry did not keep official statistics on the number of Shia members of the community police force, however, and did not recruit new community police during the year. Community members reported that Shia citizens were among those integrated into the community police and the police cadet programs. Information was not available on recruitment rates of Shia citizens into other security forces.

The government also maintained the Ombudsman’s Office within the Ministry of Interior, the SIU within the PPO, and the PDRC. These organizations worked with each other throughout the year. The Ombudsman’s Office maintained a hotline for citizens to report police abuse via telephone, email, or in person.

Many human rights groups asserted that investigations into police abuse were slow and ineffective and questioned the independence and credibility of investigations by government-sponsored organizations. Amnesty International and other human rights organizations reported that government-affiliated human rights institutions did not fully investigate or follow up on claims of abuse. Furthermore, Amnesty reported that detainees faced reprisals for their or their families’ attempts to engage with the Ombudsman’s Office.

Local and international observers and human rights organizations also continued to express concern the government had not fully implemented BICI recommendations, including dropping charges against individuals engaged in nonviolent political expression, criminally charging security officers accused of abuse or torture, integrating Shia citizens into security forces, and creating an environment conducive to national reconciliation.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution and labor code recognize the right to form independent trade unions and the right to strike, with significant restrictions. The law does not provide for the right to collective bargaining.

The law prohibits trade unions in the public sector. Public-sector workers may join private-sector trade unions and professional associations, although these entities may not bargain on their behalf. The law also prohibits members of the military services and domestic workers from joining unions. Foreign workers, composing nearly 80 percent of the civilian workforce, may join unions if they work in a sector that allows unions, although the law reserves union leadership roles for citizens. The law prohibits unions from engaging in political activities.

The law specifies only an official trade union may organize or declare a strike, and it imposes excessive requirements for legal strikes. The law prohibits strikes in 10 “vital” sectors–the scope of which exceeds international standards–including the oil, gas, education, telecommunications, transportation, and health sectors, as well as pharmacies and bakeries. The law makes no distinction between “vital” and “nonvital” employees within these sectors. Workers must approve a strike with a simple majority by secret ballot and provide 15 days’ notification to the employer before conducting a strike.

The law allows multiple trade union federations but prohibits multisector labor federations and bars individuals convicted of violating criminal laws that lead to trade union or executive council dissolution from holding union leadership posts. The law gives the labor minister, rather than the unions, the right to select the federation to represent workers in national-level bargaining and international forums. The law prohibits antiunion discrimination; however, in practice independent unions faced government repression and harassment. The law does not require reinstatement of workers fired for union activity.

Relations between the main federations and the Ministry of Labor and Social Development were publicly contentious at times. The government sometimes interfered in GFBTU activities, such as preventing public May Day observances, although the ministry supported GFBTU partnership with international NGOs for training workshops.

Some workers and union affiliates complained union pluralism resulted in company management interfering in union dues collection and workers’ chosen union affiliation. They stated that management chose to negotiate with the union it found most favorable–to the detriment of collective bargaining agreements and the legitimate voice of workers.

In 2014, after signing a second tripartite agreement, the International Labor Organization (ILO) dismissed the complaint filed in 2011 regarding the dismissal of workers. During the year the government reported it considered efforts at reinstatement, as reflected in the tripartite agreement, to be completed. The government reported that 154 of the 165 cases had been resolved through either reinstatement or by financial compensation. Human rights organizations and activists questioned the government’s claims and reported continuing, systemic labor discrimination.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor except in national emergencies, but the government did not always enforce the law effectively. There were reports of forced labor in the construction and service sectors. The labor law covers foreign workers, except domestic workers, but enforcement was lax, and cases of debt bondage were common. There were also reports of forced labor practices that occurred among domestic workers and others working in the informal sector; labor laws did not protect most of these workers. Domestic workers have the right to see their terms of employment.

In many cases employers withheld passports, a practice prohibited by law, restricted movement, substituted contracts, or did not pay wages; some employers also threatened workers and subjected them to physical and sexual abuse. The Ministry of Labor and Social Development reported 2,445 labor complaints from domestic workers and construction workers, mostly of unpaid wages or denied vacation time.

Estimates of the proportion of irregular migrant workers in the country under “free visa” arrangements–a practice where workers pay individuals or companies to sponsor visas for persons who are then “free” to work informally wherever they want–ranged from 10 to 25 percent of the foreign workers in the country. The practice contributed to the problem of debt bondage, especially among low-wage workers. In numerous cases employers withheld salaries from foreign workers for months or years and refused to grant them permission to leave the country. Fear of deportation or employer retaliation prevented many foreign workers from complaining to authorities.

In 2017 the Labor Market Regulatory Authority (LMRA) launched a flexible work-permit pilot program, which permits an individual to self-sponsor a work permit. It is available only to workers who are out of status and costs approximately 450 dinars ($1,200), in addition to a monthly fee of 30 dinars ($80). Some NGOs expressed concerns regarding the cost of the visa and the fact that it shifts responsibilities, such as health insurance, from the employer to the worker. According to government reports from September, despite significant political opposition, more than 25,000 persons had received the flexi permit since its launch. Governments of origin countries stated it was an important first step in regularizing undocumented workers but also criticized the program for being too expensive. The Philippine government provided some funding to cover application costs for its citizens who were eligible for the program. The LMRA reported that as of September there were approximately 70,000 undocumented workers in the country.

In 2016 the LMRA instituted procedures that allowed workers to change the employer associated with their visa–either without permission from their old employer or without their passport. The LMRA threatened employers who withheld passports with criminal and administrative violations and prohibited at-fault employers from hiring new workers. During the year the government shut down recruitment agencies and revoked licenses of others for infringing on workers’ rights. Recruitment agencies complicit in illegal practices may be subject to license revocation, legal action, shutdown of business operations, or a forfeit of license deposits.

The LMRA employed inspectors who were sworn officers of the court, with the authority to conduct official investigations. LMRA inspector reports may result in fines, court cases, loss of work permits, and termination of businesses. These inspectors focus on the legal and administrative provisions under which individuals fall, including work permits, employer records, and licenses. The Ministry of Labor employed general inspectors and occupational safety inspectors. Their roles are to inspect workplaces, occupational health and safety conditions, and the employer/employee work relationship.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 15, and the minimum age for hazardous work is 18. Children younger than 18 may not work in industries the Ministry of Health deemed hazardous or unhealthy, including construction, mining, and oil refining. They may work no more than six hours a day–no more than four days consecutively–and may be present on the employment premises no more than seven hours a day. Child labor regulations do not apply to family-operated businesses in which the only other employees are family members.

The law requires that before the ministry makes a final decision on allowing a minor to work, the prospective employer must present documentation from the minor’s guardian giving the minor permission to work; proof the minor underwent a physical fitness examination to determine suitability; and assurance from the employer the minor would not work in an environment the ministry deemed hazardous. Generally, the government effectively enforced the law.

The law does not allow expatriate workers younger than 18 to work in the country.

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 .

e. Acceptable Conditions of Work

There is no national private-sector minimum wage. A standardized government pay scale covers public-sector workers, with a set minimum monthly wage. While the minimum wage for Bahrainis is generally considered a living wage, there is no minimum wage for foreign workers in the public sector; however, the government issued “guidelines” advising employers in the public and private sectors to pay a minimum monthly wage. There was no official poverty level.

Subject to the provisions of the private-sector law, employers may not employ a worker for more than 48 hours per week without including contract provisions for overtime pay. Employers may not employ Muslim workers during the month of Ramadan for more than six hours per day or 36 hours per week.

The Ministry of Labor sets occupational safety and health standards. The labor law and relevant protections apply to citizens and noncitizens alike, with the exception of domestic workers. The revised labor law improved the legal situation for many workers as it pertains to access to contracts and additional holidays, although it excludes domestic workers from most protections.

The Ministry of Labor is responsible for enforcing the labor law and mandating acceptable conditions of work. The labor law stipulates that companies that violate occupational safety standards be subject to fines.

The Ministry of Labor enforced occupational safety and health standards; it also used a team of engineers from multiple specialties primarily to investigate risks and standards at construction sites, which were the vast majority of worksites.

Inspectors have the authority to levy fines and close worksites if employers do not improve conditions by specified deadlines. A judge determines fines per violation, per worker affected, or both. A judge may also sentence violators to prison. For repeat violators, the court may double the penalties.

Despite the improvements, NGOs feared resources for enforcement of the laws remained inadequate for the number of worksites and workers, many worksites would not be inspected, and the regulations would not necessarily deter violations.

A ministerial decree prohibits outdoor work between noon and 4 p.m. during July and August because of heat conditions. Authorities enforced the ban among large firms, but according to local sources, violations were common among smaller businesses. Employers who violated the ban are subject to up to three months’ imprisonment, fines, or both. The ministry documented 156 companies in noncompliance with the summer heat ban during the year.

The government and courts generally worked to rectify abuses brought to their attention. Workers could file complaints with the ministry. The vast majority of cases involving abused domestic workers did not reach the ministry or the public prosecutor. Police referred 40 cases to the National Referral Mechanism in the first half of the year. Individuals with referred cases received a range of services, including shelter provided by the National Committee for Combating Trafficking in Persons (NCCTIP).

The Migrant Workers Protection Society (MWPS) reported it visited unregistered camps and accommodations, including accommodations of irregular “free visa” workers, who often lived in overcrowded apartments with poor safety standards.

The government continued to conduct workers’ rights awareness campaigns. It published pamphlets on foreign resident workers’ rights in several languages, provided manuals on these rights to local diplomatic missions, and operated a telephone hotline for victims.

Violations of wage, overtime, and occupational safety and health standards were common in sectors employing foreign workers, such as construction, automotive repair, and domestic service. Unskilled foreign workers, mostly from South and Southeast Asia, constituted approximately 60 percent of the total workforce. These workers were vulnerable to dangerous or exploitive working conditions. According to NGOs, workplace safety inspection and compliance were substandard.

The labor law does not fully protect domestic workers, and this group was particularly vulnerable to exploitation. Domestic employees must have a contract, but the law does not provide for same rights accorded to other workers, including rest days. In 2017 the LMRA announced that all newly arrived domestic workers would be required to use new tripartite work contracts. The recruitment agency, the employer, and the employee must agree upon the contents of the new contracts. According to local press reports, the new contracts include daily working hours, weekly day off, and mandatory wage receipts, among other conditions. Activists reported that usage of the forms among employers and recruitment agencies remained low throughout the year.

There were credible reports employers forced many of the country’s 91,000 domestic workers, most of them women, to work 12- to 16-hour days and surrender their identity documents to employers. Employers permitted very little time off, left female workers malnourished, and subjected them to verbal and physical abuse, including sexual molestation and rape. Reports of employers and recruitment agents beating or sexually abusing foreign women working in domestic positions were common, but most cases involving domestic workers did not reach the Ministry of Labor. The press, embassies, and police received numerous reports of abuse. The MWPS provided female domestic workers with temporary housing and assistance with their cases, although its shelter closed permanently in March. Additionally, the NCCTIP provided workers with shelter. Most women in these cases sought assistance with unpaid wages and complaints of physical abuse.

According to NGO sources, the construction sector employed more Indians, Bangladeshis, and Pakistanis than other nationalities. Worker deaths generally were due to a combination of inadequate enforcement of standards, violations of standards, inadequate safety procedures, worker ignorance of those procedures, and inadequate safety standards for equipment. While some workers may remove themselves from situations that endanger health or safety without jeopardizing their employment, the level of freedom workers enjoyed directly related to the types of work they performed.

A Ministry of Labor order requires employers to register any labor accommodations provided to employees. The order also mandates minimum housing standards for employer-provided accommodations. Many workers lived in unregistered accommodations that ranged in quality from makeshift accommodations in parking garages, to apartments rented by employers from private owners, to family houses modified to accommodate many persons. Conditions in the many unregistered or irregular worker camps were often poor. Inspectors do not have the right to enter houses or apartment buildings not registered as work camps to inspect conditions.

Kuwait

EXECUTIVE SUMMARY

Kuwait is a constitutional, hereditary emirate ruled by the Al-Sabah family. While there is also a democratically elected parliament, the amir holds ultimate authority over most government decisions. The last parliamentary general election was held in 2016 and was generally free and fair with members of the opposition winning seats. By-elections were held in March for two seats vacated by opposition members of parliament who had left the country after being sentenced to prison.

Police have sole responsibility for the enforcement of laws not related to national security, and the Kuwait State Security (KSS) oversees national security matters; both report to the Ministry of Interior, as does the Kuwait Coast Guard. The armed forces are responsible for external security and report to the Ministry of Defense. The Kuwait National Guard is a separate entity responsible for critical infrastructure protection, support for the Ministries of Interior and Defense, and the maintenance of national readiness. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: reports of torture; arbitrary detention; political prisoners; arbitrary or unlawful interference with privacy; restrictions on free expression, the press, and the internet, including criminalization of libel, censorship, and internet site blocking; interference with the rights of peaceful assembly and freedom of association; restrictions on freedom of movement; trafficking in persons; criminalization of consensual adult male same-sex sexual conduct; and reports of forced labor, principally among foreign workers.

The government took steps in some cases to prosecute and punish officials who committed abuses, whether in the security services or elsewhere in the government. Impunity was a problem in corruption cases.

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, although these rights were violated. The courts convicted more than one dozen individuals for expressing their opinions, particularly on social media. The law also imposes penalties on persons who create or send “immoral” messages and gives unspecified authorities the power to suspend communication services to individuals on national security grounds.

Freedom of Expression: The Press and Publications Law establishes topics that are off limits for publication and discussion, and builds on the precedent set by the penalty law. Topics banned for publication include insulting religion, in particular Islam; criticizing the amir; insulting members of the judiciary or displaying disdain for the constitution; compromising classified information; insulting an individual or his or her religion, sorcery, and publishing information that could lead to devaluing of the currency or creating false worries about the economy. The government generally restricted freedom of speech in instances purportedly related to national security, including the glorification of Saddam Hussein, and referring to the “Arabian Gulf” as the “Persian Gulf.”

Local activists reported they were regularly contacted by state security services and Ministry of Information officials after they published opinions deemed contrary to the government view. Activists also reported being contacted for the same reason by the Kuwaiti Embassy when they were residing abroad. In October the foreign minister stated he had directed “Kuwait’s diplomatic missions [abroad] to firmly pursue people offending Kuwait or its leaders.” As of November the Ministry of Foreign Affairs had received 52 such complaints from various embassies in Kuwait: 43 against bloggers and social media users, and the remainder against local newspapers and TV networks, according to press reports. The same reports indicated that Kuwaiti embassies overseas had reportedly filed 25 cases against bloggers and TV networks in host countries, accusing them of offending Kuwait, according to the ministry. Government authorities did not always take immediate action in the cases of social media posts to which they objected made by citizens while overseas, but under the law the government may take action once the author returns to the country. Under existing law there is broad latitude in the interpretation of what constitutes a crime when voicing dissent against the amir or the government, and activists can face up to seven years in prison for each count of the offense.

In May the Court of Appeals upheld a verdict sentencing 22 citizens, including media figures and political activists, to three years’ imprisonment for repeating the “anti-Amir” speech made by former opposition leader Musallam al-Barrak in 2012. The court also ordered each defendant to pay a bail of 3,000 KD ($10,000).

The courts continued to sentence political activists to harsh prison sentences for charges of speaking out against the amir, government, religion, or neighboring states. In one case a citizen was sentenced to 86 years in prison for voicing his antigovernment opinion on social media, and in another case a citizen received 75 years. Both citizens fled the country before the verdicts were handed down.

Political activist Sagar al-Hashash, who was out of the country in self-imposed exile, has been convicted multiple times (including twice during the year) on various charges that included defaming the amir, speaking out against the judiciary, or insulting neighboring countries such as Bahrain, Saudi Arabia, and the United Arab Emirates. Most recently, al-Hashash was sentenced to five additional years imprisonment for defaming the amir, bringing his total sentence to 92 years.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. All print media were privately owned, although the media’s independence was limited. The government did not permit non-Islamic religious publishing companies, although several churches published religious materials solely for their congregations’ use. The law allows for large fines and up to 10 years in prison for persons who use any means (including media) to subvert the state. The Ministry of Commerce and Industry may ban any media organization at the request of the Ministry of Information. Media organizations can challenge media bans in the administrative courts. Newspaper publishers must obtain an operating license from the Ministry of Information. Broadcast media, made up of both government and privately owned stations, are subject to the same laws as print media. In November a governmental committee tasked to investigate allegations of missing public funds ordered that their investigation remain confidential and prohibited the publication of any news about the investigation in all print, audio, and video media.

In October a civil court ruled that the Ministry of Interior must pay 60,000 KD ($200,000) to a journalist as compensation for assault by police while covering protests in 2010.

Censorship or Content Restrictions: The Ministry of Information censored all imported books, commercial films, periodicals, videotapes, CDs, DVDs, and other materials per the guidelines enumerated for speech and media. In May statistics issued by the Ministry of Information showed 3,766 books were banned from being imported between 2016 until 2018. Media outlets exhibited a range of opinions on topics relating to social problems, but all apparently self-censored, avoiding critical discussion on topics such as the amir, foreign policy, and religion, to avoid criminal charges or fines or to keep their licenses. Discussions of certain sensitive topics, such as the role of women in society and sex, were also self-censored. Authorities censored most English-language educational materials that mentioned the Holocaust and required educational material either to refer to Israel as “Occupied Palestine” or to remove such references entirely, although authorities did not censor these topics in news media. Widely available satellite dishes and virtual private networks allowed unfiltered media access.

Throughout the year publishers reportedly received pressure from the Ministry of Information, resulting in the publishers often restricting which books were available in the country. One author appealed to lift the ban on his book; the appeal was pending at year’s end. According to the Ministry of Information, the Ministry of Awqaf and Islamic Affairs reviewed books of a religious nature.

Libel/Slander Laws: The law mandates jail terms for anyone who “defames religion,” and any Muslim citizen or resident may file criminal charges against a person the complainant believes has defamed Islam. Any citizen may file a complaint with the authorities against anyone the citizen believes defamed the ruling family or harmed public morals.

National Security: The law forbids publication or transmission of any information deemed subversive to the constitutional system on national security grounds. The government prosecuted online bloggers, political activists, and social media outlets under the Cybercrime Law, the Printing and Publishing Law, and the National Security Law. On January 2, security forces arrested journalist and writer Aisha al-Rasheed under the Cybercrime Law following online posts about corruption of government officials. On January 6, the Public Prosecutor’s Office ordered her release on bail.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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

d. Freedom of Movement

The constitution generally provides for freedom of internal movement, but numerous laws constrain foreign travel.

Because there is no path to citizenship, all legal noncitizen workers are considered foreign residents rather than migrants.

Foreign Travel: Bidoon and foreign workers faced problems with, or restrictions on, foreign travel. The government restricted the ability of some Bidoon to travel abroad by not issuing travel documents, although it permitted some Bidoon to travel overseas for medical treatment and education, and to visit Saudi Arabia for the annual Hajj. The Ministry of Interior has not issued “Article 17” passports (temporary travel documents that do not confer nationality) to Bidoon except on humanitarian grounds since 2014. In August the Ministry of Interior said it would indefinitely suspend the issuance of “Article 17” passports.

The law also permits travel bans on citizens and noncitizens accused or suspected of violating the law, including nonpayment of debts, and it allows other citizens to petition authorities to impose one. This provision was sometimes imposed arbitrarily and resulted in delays and difficulties for citizens and foreigners leaving the country. The Ministry of Justice announced in July that it would not impose travel bans on those who owed “small amounts” (defined as 300 KD or $1,000). In December the Ministry of Justice announced that 65,888 travel bans were placed on Kuwaitis and foreigners during the year.

Citizenship: By law the government is prohibited from revoking the citizenship of an individual who was born a citizen unless that individual has taken a second nationality. Additionally, the government can revoke the citizenship of naturalized citizens for cause and can subsequently deport them. The justifications for such revocations include: felony conviction for “honor-related and honesty-related crimes,” obtaining citizenship dishonestly, and threatening to “undermine the economic or social structure of the country.” In March the cabinet approved the regranting of citizenship to former opposition figure Saad al-Ajmi. Al-Ajmi’s citizenship had been revoked by the government under Article 11 of the 1959 Kuwaiti Nationality Law and was restored only after he renounced other nationalities and submitted a written apology to the amir. According to the government, 376 individuals were granted citizenship during the year, and 106 had their citizenship revoked.

In May 2018 the Court of Cassation affirmed that it is not permissible to withdraw citizenship from any citizen without a legitimate reason, stressing that a final court ruling must justify any withdrawal of citizenship. There were, however, cases in which natural born citizens had their citizenship revoked, even when courts found it illegal.

Persons who had their citizenship revoked, and any family members dependent on that individual for their citizenship status, became stateless individuals. Authorities can seize the passports and civil identification cards of persons who lose their citizenship and enter a “block” on their names in government databases. This “block” prevented former citizens from traveling or accessing free health care and other government services reserved for citizens.

The law prohibits the granting of citizenship to non-Muslims, but it allows non-Muslim male citizens to transmit citizenship to their descendants.

The government may deny a citizenship application by a Bidoon resident based on security or criminal violations committed by the individual’s family members. Additionally, if a person loses citizenship, all family members whose status was derived from that person also lose their citizenship and all associated rights.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The government generally cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to persons of concern.

Access to Basic Services: The government enacted policies making healthcare and education more expensive for foreign workers than for citizens. Human rights organizations reported the immediate effect of this policy was that many foreign workers and their families receiving medical treatment chose to be discharged from hospitals rather than receive treatment they could no longer afford.

Section 3. Freedom to Participate in the Political Process

The constitution stipulates the country is a hereditary emirate. The 50 elected members of the National Assembly (plus government-appointed ministers) must, by majority vote conducted by secret ballot, approve the amir’s choice of crown prince. According to the Succession Law, the crown prince must be a male descendant of Sheikh Mubarak Al-Sabah and meet three additional requirements: have attained the age of 30, possess a sound mind, and be a legitimate son of Muslim parents. The National Assembly may remove the amir from power by a two-thirds majority vote if it finds that any of these three conditions is or was not met.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by government officials, but the government did not implement the law effectively. Observers believed officials engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year. The Anti-Corruption Authority (ACA) is charged with receiving and analyzing complaints and forwarding complaints to the appropriate authorities in either the Public Prosecutor’s Office or police for further investigation or action. As of September the ACA had received 136 corruption reports, four administrative violation reports, and three financial irregularity reports. During the year the ACA referred 28 reports to the Office of the Public Prosecutor.

There were many reports that individuals had to pay intermediaries to receive routine government services. Police corruption was a problem, especially when one party to a dispute had a personal relationship with a police official involved in a case. Widespread reports indicated that police favored citizens over noncitizens. There were several reports of corruption in the procurement and bidding processes for lucrative government contracts. In November the amir removed his son, Defense Minister Sheikh Nasser Al-Sabah, and Interior Minister Sheikh Khaled al-Jarrah al-Sahab from the cabinet after the former publicly accused the latter of corruption. As a result, the prime minister submitted the resignation of the entire Council of Ministers to the amir, who swore in a new cabinet in December.

All judicial officers received training on corruption and transparency obligations as part of the Judicial Institute’s official curriculum.

Corruption: The State Audit Bureau is responsible for supervising public expenses and revenues and for preventing misuse or manipulation of public funds. The government distributes reports by the State Audit Bureau annually to the amir, prime minister, head of parliament, and minister of finance. The public did not have access to these reports. Parliament’s Committee on the Protection of Public Funds frequently announced inquiries into suspected misuse of public funds. For the first time in the country’s history, a former health minister and two other high level officials were referred to the ministerial court over charges of public funds encroachment and embezzlement. In December the Public Funds Prosecution Office released statistics showing a 750 percent increase in public funds crimes between 2009 and 2018.

In December the public prosecutor agreed to take a case alleging the fraudulent appointment of legal experts at the Ministry of Justice. Lawyers argued that two former ministers had wasted public funds and forged documents in the hiring of 560 legal experts.

In April a public prosecutor referred former director of the Public Institution for Social Security Fahad al-Rajaan and his wife to the criminal court on charges of embezzling over 240 million KD ($800 million), and money laundering. In June the criminal court sentenced him and his wife to life imprisonment.

In November the Court of Cassation sentenced a former ambassador to Thailand to seven years in jail over charges of embezzling more than 299,000 KD (one million dollars) in public funds.

Investigations have uncovered widespread use of false academic credentials by citizens and foreign residents in the public and private sectors, exposing a lack of transparency in the hiring and promotion of officials.

Financial Disclosure: In 2018 the Public Prosecution received 110 reports filed by the ACA against officials who failed to submit their financial statements on time.

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

The government imposed some limits on the operations of domestic and international human rights groups. Domestic and international human rights groups generally operated with limited restrictions, investigating and publishing their findings on human rights cases. The law permits the existence of NGOs, but the government continued to deny registration to some. To be registered NGOs are required to demonstrate that their existence is in the public interest. Registered NGOs must show they will conduct business beneficial to the country; their work cannot undermine cultural values and norms as defined by the government. NGOs may not engage in political activity or encourage sectarianism.

Major local NGOs dedicated specifically to human rights included the Kuwait Society for Human Rights and the Kuwaiti Association of the Basic Evaluators of Human Rights. The majority of local registered NGOs were devoted to the rights or welfare of specific groups such as women, children, prisoners, and persons with disabilities. These organizations operated with little government interference. A few dozen local unregistered human rights groups also operated discreetly but ran the risk of sanction if they were too vocal in calling out abuses. The government and various national assembly committees met occasionally with local NGOs and generally responded to their inquiries.

Government Human Rights Bodies: The National Assembly’s Human Rights Committee, which operates independently of the government, is an advisory body that primarily hears individual complaints of human rights abuses and worked with plaintiffs and relevant stakeholders to reach a mutual settlement. The committee visited the Central Prison and the Central Deportation Center throughout the year to review overcrowding, prison and detainee treatment, and the condition of both facilities. The committee had adequate resources and was considered effective. In January the committee started receiving grievances online.

During the year the Ministry of Foreign Affairs created a new independent department led by an assistant foreign minister to deal exclusively with human rights issues. The department oversees all of the government’s human rights endeavors and is tasked with producing human rights reports and responding to such reports produced by international organizations and foreign governments.

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 protects the right of Kuwaiti workers to form and join trade unions, bargain collectively, and conduct legal strikes, with significant restrictions. The government, however, did not always respect these rights.

The law does not apply to public-sector employees, domestic workers, or maritime employees. Discrete labor laws set work conditions in the public and private sectors, with the oil industry treated separately. The law permits limited trade union pluralism at the local level, but the government authorized only one federation, the Kuwait Trade Union Federation (KTUF). The law also stipulates any new union must include at least 100 workers and that at least 15 must be citizens.

The law provides workers, except for domestic workers, maritime workers, and civil servants, a limited right to collective bargaining. There is no minimum number of workers needed to conclude such agreements. The government did not effectively enforce the law. Based on available information, it was unclear whether penalties were sufficient to deter violations.

Public-sector workers do not have the right to strike. Citizens in the private sector have the right to strike, although cumbersome provisions calling for compulsory negotiation and arbitration in the case of disputes limit that right. The law does not prohibit retaliation against striking workers or prevent the government from interfering in union activities, including the right to strike. In November hundreds of workers at Kuwait International Airport held a one-hour strike to demand better working conditions and compensation for daily exposure to pollution and noise. In December cleaners at the Ministry of Education protested missing wages dating back to July.

According to the PAM, there were 2.75 million workers in the country. Only 17.7 percent of the total workforce were citizens. Most citizens (78 percent as of 2018) worked in the public sector, in part because the government provided lucrative benefits to citizens, including generous retirement funding.

The law prohibits antiunion discrimination and employer interference with union functions. It provides for reinstatement of workers fired for union activity. Nevertheless, the law empowers the courts to dissolve any union for violating labor laws or for threatening “public order and morals,” although a union can appeal such a court decision. The Ministry of State for Economic Affairs can request the Court of First Instance to dissolve a union. Additionally, the amir may dissolve a union by decree.

The government enforced applicable laws, with some exceptions, and procedures were generally not subjected to lengthy delay or appeals.

b. Prohibition of Forced or Compulsory Labor

The law prohibits and criminally sanctions forced or compulsory labor “except in cases specified by law for national emergency and with just remuneration.” The law allows for forced prison labor as a punishment for expressing certain political views, and in cases of seafarers who breach discipline. Although the law prohibits withholding of workers’ passports, the practice remained common among sponsors and employers of foreign workers, and the government demonstrated no consistent efforts to enforce this prohibition. The government did not effectively enforce the law. Penalties were not sufficient to deter violations.

Employers confined some domestic and agricultural workers to their workspaces by retaining their passports and, in the case of some domestic workers, locked them in their work locations. Workers who fled abusive employers had difficulty retrieving their passports, and authorities deported them in almost all cases. The government usually limited punishment to administrative actions such as assessing fines, shutting employment firms, issuing orders for employers to return withheld passports, or requiring employers to pay back wages. In June the Public Authority for Manpower announced it had shut down 1,600 companies that had received government contracts, for failing to pay workers on time.

In January a number of laborers demonstrated in front of the Ministry of Public Works to protest against the withholding of four months’ back pay. The laborers were employed by a company contracted by the ministry for maintenance services. Similar protests were reported in April against a company that contracted with the Ministry of Awqaf and Islamic Affairs. It was later reported that the Ministry of Awqaf and Islamic Affairs distributed all back salaries.

In September a company owner was sentenced by the Court of Appeals to seven years in prison on charges of visa trading. In June a criminal court sentenced a Kuwaiti female lawyer to five years in jail over charges of forced labor and trafficking in persons.

Some incidents of forced labor and conditions indicative of forced labor occurred, especially among foreign domestic and agricultural workers. Such practices were usually a result of employer abuse of the sponsorship system (kafala) for noncitizen workers. Employers frequently illegally withheld salaries from domestic workers and minimum-wage laborers.

Domestic servitude was the most common type of forced labor, principally involving foreign domestic workers employed under kafala, but reports of forced labor in the construction and sanitation sectors also existed. Forced labor conditions for migrant workers included nonpayment of wages, long working hours, deprivation of food, threats, physical and sexual abuse, and restrictions on movement, such as withholding passports or confinement to the workplace. In 2018 employers filed 4,500 “absconding” reports against private sector employees. Domestic workers have filed approximately 240 complaints against their employers in accordance with the domestic labor law. As of September, PAM statistics indicated that 3,793 domestic helper-related complaints had been filed between April and August 2019, including 2,087 in August alone. Numerous domestic workers who escaped from abusive employers reported waiting several months to regain passports, which employers had illegally confiscated when they began their employment.

The PAM operated a shelter for abused domestic workers but still did not allow them to leave the country without permission of their employers. As of October, according to a government source, the shelter had a capacity of 500 victims. It housed as many as 450 residents in April before the residency amnesty that removed travel bans from workers seeking to return home. According to a 2018 report, 145 workers were resident at the shelter.

A government owned company for recruiting domestic workers officially launched its services in 2017 and initially planned to bring 120 domestic workers a month from the Philippines and approximately 100 male workers from India. In February the company announced that it helped bring nearly 900 domestic workers into the country since September 2017 when it started receiving applications. The target recruitment fee depends on domestic workers’ experience and skillset. The government regularly conducted information awareness campaigns via media outlets and public events and otherwise informed employers to encourage compliance by public and private recruiting companies with the new law.

There were numerous media reports throughout the year of sponsors abusing domestic workers or injuring them when they tried to escape; some reports alleged that abuse resulted in workers’ deaths. Female domestic workers were particularly vulnerable to sexual abuse. Police and courts were reluctant to prosecute citizens for abuse in private residences but prosecuted some serious cases of abuse when reported, particularly when the cases were raised by the source country embassies. According to a high-level government official, authorities prosecuted several cases of domestic worker abuse.

In May, Filipina household worker Constancia Lago Daya, died after allegedly suffering physical and sexual assault by her employer. The Kuwaiti Public Prosecutor later filed a felony murder complaint against her employer. In June lawyers for the Philippines Embassy filed charges against a Kuwaiti man for sexually assaulting his Filipina domestic worker. The court subsequently summoned the man for questioning. Media reported in December that a couple, of which the husband was allegedly employed by the Ministry of Interior, was detained for investigation after they brought their 26-year-old Filipina maid to the hospital where she subsequently died with marks of physical abuse visible on her corpse, including missing organs and vaginal lacerations suggesting rape, according to statements made to the press in unofficial preliminary accounts by officials who conducted the autopsy.

Numerous media reports highlighted the problem of visa trading, where companies and recruitment agencies work together to “sell” visas to prospective workers. Often the jobs and companies attached to these visas do not exist, and the workers were left to be exploited and find work in the black market to earn a living and pay the cost of the residency visa. Arrests of traffickers and illegal labor rings occurred almost weekly. In October the PAM announced that it had referred 18 websites and online accounts to the Ministry of Interior’s cybersecurty department for the sale of domestic workers. Since workers cannot freely change jobs, they were sometimes willing to leave their initial job due to low wages or unacceptable working conditions and enter into an illegal residency status with the hope of improved working conditions at another job.

In September a court sentenced two individuals (one a Kuwaiti citizen) to life imprisonment and four others to three-year sentences for selling 400 visas for $5,000 each. Nine other cases of visa trafficking (alleging visas valued between $5,000-6,500) were under investigation at year’s end. These investigations and prosecutions followed a January government policy to begin prosecuting trafficking crimes under antitrafficking laws (vice labor laws) and the appointment of a deputy chairman of the national anti-TIP committee.

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

https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. The legal minimum age for employment is 18, although employers may obtain permits from the Ministry of State for Economic Affairs to employ juveniles between 15 and 18 years of age in some nonhazardous trades. Juveniles may work a maximum of six hours a day with no more than four consecutive hours followed by a one-hour rest period. Juveniles cannot work overtime or between 7 p.m. and 6 a.m.

Although not extensive, there were credible reports that children of South Asian origin worked as domestic laborers. Some underage workers entered the country on travel documents with falsified birth dates.

The government did not effectively enforce the law. Information was unavailable regarding whether penalties were sufficient to deter violations. PAM labor and occupational safety inspectors routinely monitored private firms for labor law compliance. Noncompliant employers faced fines or a forced suspension of their company operations. Nevertheless, the government did not consistently enforce child labor laws in the informal sector, such as in street vending.

e. Acceptable Conditions of Work

The law sets a national monthly minimum wage in the oil and private sector and a minimum monthly wage for domestic workers. Most low-wage employees lived and worked in the country without their families, and employers generally provided at least some form of housing. In July, Kuwait ratified the Convention on the Elimination of Violence and Harassment by Public and Private Employers, which will come into effect in July 2020.

The law limits the standard workweek to 48 hours (40 hours for the petroleum industry) and gives private-sector workers 30 days of annual leave. The law also forbids requiring employees to work more than 60 hours per week or 10 hours per day. The law provides for 13 designated national holidays annually. Workers are entitled to 125 percent of base pay for working overtime and 150 percent of base pay for working on their designated weekly day off. The government effectively enforced the law except with regard to domestic workers. Penalties were sufficient to deter violations.

The government issued occupational health and safety standards that were current and appropriate for the main industries. For example, the law provides that all outdoor work stop between 11 a.m. and 4 p.m. during June, July, and August, or when the temperature rises to more than 120 degrees Fahrenheit in the shade. A worker could file a complaint against an employer with the PAM if the worker believed his safety and health were at risk. As of August 26, the Kuwait Society for Human Rights received 356 complaints of employers violating the summer heat work ban. In May it reported that 12 workers were killed in workplace accidents caused by employer negligence in the preceding 16 months.

The law and regulations governing acceptable conditions of work do not apply to domestic workers. The Public Authority for Manpower has jurisdiction over domestic worker matters and enforces domestic labor working standards.

The Ministry of State for Economic Affairs is responsible for enforcement of wages, hours, overtime, and occupational safety and health regulations of nondomestic workers. Enforcement by the ministry was generally good, but there were gaps in enforcement with respect to unskilled foreign laborers. Several ministry officials cited inadequate numbers of inspectors as the main reason for their inability to better enforce the laws.

Labor and occupational safety inspectors monitored private firms. The government periodically inspected enterprises to raise awareness among workers and employers and to assure that they abided by existing safety rules, controlled pollution in certain industries, trained workers to use machines, and reported violations.

The government did not effectively enforce the law. The number of inspectors was not sufficient to deter violations. The Ministry of State for Economic Affairs monitored work sites to inspect for compliance with rules banning summer work and recorded hundreds of violations during the year. Workers could also report these violations to their embassies, the KTUF, or the Labor Disputes Department. Noncompliant employers faced warnings, fines, or forced suspensions of company operations, but these were not sufficient to deter violators.

In the first 10 months of the year, the Labor Disputes Department received approximately 15,150 complaints from workers, of which approximately 5,800 were referred to the courts. These complaints were either about contract issues, such as nonpayment of wages, or about difficulties transferring work visas to new companies. Most of the complaints were resolved in arbitration, with the remaining cases referred to the courts for resolution. In July the Court of Appeals ordered al-Kharafi & Sons to pay heirs of a deceased Egyptian foreign resident (a former employee of the company) as compensation for the company’s negligence and noncompliance to safety and security regulations. The lawsuit indicated employees of the company caused the unintentional death of the victim due to negligence by tasking the employee to clean a six-meter (19.6 feet)-deep manhole without proper gear and without checking for poisonous gases.

At times the PAM intervened to resolve labor disputes between foreign workers and their employers. The authority’s labor arbitration panel sometimes ruled in favor of foreign laborers who claimed violations of work contracts by their employers. The government was more effective in resolving unpaid salary disputes involving private sector laborers than those involving domestic workers. Media reports indicated that the Ministry of Social Affairs won 58 court cases against visa traders by October.

Foreign workers were vulnerable to unacceptable conditions of work. Domestic workers and other unskilled foreign workers in the private sector frequently worked substantially in excess of 48 hours a week, with no day of rest.

Domestic workers had little recourse when employers violated their rights except to seek admittance to the domestic workers shelter where the government mediated between sponsors and workers either to assist the worker in finding an alternate sponsor or to assist in voluntary repatriation. There were no inspections of private residences, which is the workplace of the majority of the country’s domestic workers. Reports indicated employers forced domestic workers to work overtime without additional compensation. In July the PAM announced it was planning to unveil a “blacklist” system that would prevent the sponsorship of domestic workers by recruitment offices or employers that violate workers’ rights.

Some domestic workers did not have the ability to remove themselves from an unhealthy or unsafe situation without endangering their employment. There were reports of domestic workers’ committing or attempting to commit suicide due to desperation over abuse, including sexual violence or poor working conditions. A 2016 law provides legal protections for domestic workers, including a formal grievance process managed by the PAM. A worker not satisfied with the department’s arbitration decision has the right to file a legal case via the labor court.

Several embassies with large domestic worker populations in the country met with varying degrees of success in pressing the government to prosecute serious cases of domestic worker abuse. Severe cases included those where there were significant, life-threatening injuries.

Qatar

Executive Summary

Qatar is a constitutional monarchy in which Amir Sheikh Tamim bin Hamad Al Thani exercises full executive power. The constitution provides for hereditary rule by men in the amir’s branch of the Al Thani family. The most recent elections were in 2019 for the Central Municipal Council, an advisory and consultative body. Observers considered these elections free and fair. All cabinet members are appointed by the amir, including the prime minister.

The national police and ministry of interior forces maintain internal security that addresses, among other matters, terrorism, cyberattacks, and espionage. The national police oversee general law enforcement. The army is responsible for external security. Civilian authorities maintained effective control over security forces.

Significant human rights issues included: criminalization of libel; restrictions on peaceful assembly and freedom of association, including prohibitions on political parties and labor unions; restrictions on the freedom of movement for migrant workers’ travel abroad; refusal to grant asylum despite risk of arrest and torture; limits on the ability of citizens to choose their government in free and fair elections; criminalization of consensual same-sex sexual activity; and reports of forced labor.

The government took limited steps to prosecute those suspected of committing human rights abuses. The government took steps to address forced labor.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech and press in accordance with the law, but the government limited these rights. Self-censorship remained the primary obstacle to free speech and press.

Freedom of Expression: Citizens did not regularly discuss sensitive political and religious issues in public forums, but citizens discussed these issues in private and on social media. The law prohibits residents from criticizing the amir. Members of the majority foreign population exercised self-censorship on sensitive topics. The law penalizes by up to three years in prison damaging, removing, or performing an action that expresses hate and contempt to the country’s flag, the Gulf Cooperation Council flag, or the flag of any international organization or authority. The use of the national flag without formal permission from authorities, displaying a damaged or discolored flag, or changing the flag by adding photographs, text, or designs to it are also criminalized.

Press and Media, Including Online Media: The law includes restrictive procedures on the establishment of newspapers, their closure, and the confiscation of assets of a publication. The Doha Center for Media Freedom, a government-funded entity known to be vocal on press freedom issues, was closed during the year without official explanation.

Members of the ruling family or proprietors who enjoyed close ties to government officials owned all print media. Both private and government-owned television and radio reflected government views, although call-in shows allowed for some citizen criticism of government ministries and policies. While media generally did not criticize authorities or the country’s policies, specific ministries and even individual ministers were regular targets of criticism in print media. The government owned and partially funded the Doha-based al-Jazeera satellite television network, which carried regional, international, and theme-based programming. It also partially funded other media outlets operating in the country. Some observers and former al-Jazeera employees alleged that the government influenced the content produced by that news outlet.

Censorship or Content Restrictions: The Qatar Media Corporation, the Ministry of Culture and Sports, and customs officials censored material. The government reviewed, censored, or banned foreign newspapers, magazines, films, and books for objectionable sexual, religious, and political content. Journalists and publishers continued to self-censor due to political and economic pressures when reporting on government policies or material deemed denigrating to Islam, the ruling family, and relations with neighboring states.

Libel/Slander Laws: The law criminalizes libel and slander, including “insult to dignity.” A journalist may be fined up to 100,000 Qatari riyals (QAR) ($27,500) and imprisoned for a year for defamation and reporting of “false news.” Laws restrict the publication of information that slanders the amir or heir apparent; defames the Abrahamic faiths or includes blasphemy; harms the national currency or the economic situation; violates the dignity of persons, the proceedings of investigations, and prosecutions in relation to family status; and punishes violators with up to seven years’ imprisonment.

National Security: Laws restrict the publication of information that could defame the state or endanger its safety; incite the overthrow of the regime or harm supreme state interests; report official secret agreements; or prejudice heads of state or disturb relations.

b. Freedoms of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of movement within the country, foreign travel, emigration, and repatriation, but the government did not fully respect these rights. The government cooperated with the Office of the UN High Commissioner for Refugees to assist internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

In-country Movement: Restrictions on in-country movement for citizens concerned sensitive military, oil, and industrial installations. Although there was less emphasis on setting and enforcing “family-only” times at entertainment areas in Doha, several local malls and markets continued to restrict access to certain areas to foreign workers on weekends and those dressed “immodestly.”

Foreign Travel: The government prevented the travel of its citizens only when they were involved in ongoing court cases. Despite partial exit permit reform, domestic workers were required to obtain permission from employers to exit the country. In 2018 authorities abolished exit permit requirements for 95 percent of the workforce in the private sector, with some exceptions including domestic workers and government employees. Employers may still request exit permits for the remaining 5 percent of their workforce not covered by the 2018 law but must provide an explanation to the government justifying why an employee should retain an exit permit restriction. In 2018 the Exit Permit Grievances Committee received 1,869 requests by workers who were denied exit permits by their employers; of the total number of requests, the committee approved 1,850, rejected seven, and archived the remainder, a common practice when a worker leaves the country for any reason during the lengthy adjudication process.

The law prohibits employers from withholding workers’ passports and penalizes employers who do so, but noncitizen community leaders and officials from labor-exporting countries stated that passport confiscation remained a widespread problem with insufficient enforcement of penalties. The Ministry of Interior fined only two individuals in passport-confiscation cases during the year.

Citizenship: The law allows for the revocation of citizenship. In September 2018 representatives from the al-Ghufran tribe submitted a complaint to the Office of the UN High Commissioner of Human Rights, accusing the government of arbitrarily revoking the citizenship of 6,000 members of the tribe. Representatives from the government and the NHRC acknowledged that the citizenship of some of the tribe’s members was revoked but stated that revocations were only for dual citizens.

f. Protection of Refugees

Access to Asylum: In September 2018 the government passed legislation to grant political asylum status to asylum seekers, although to date no one has received asylum through this legislation. The law stipulates the creation of a specialized committee within the Ministry of Interior to handle requests from asylum seekers. Once granted political asylum, the individual and his or her family are entitled to a range of free services provided by the government, including travel documents, jobs, monthly allowances, medical and educational services, and housing. Previously, the government accepted such individuals as “guests” on a temporary basis. The government legally classified the small number of persons granted residence on humanitarian grounds as visitors. During the year a Yemeni national’s claim for asylum was not granted despite credible fears of arrest and persecution if he were to return to Yemen. The government instead requested that the individual and his family seek refuge in a third country, despite the September 2018 law.

The Syrian Opposition Coalition office in Doha reported approximately 60,000 Syrians were living in Doha, of whom approximately 20,000 came to Doha after the start of the civil war and have been granted repeated extensions to their residency status to allow them to remain in country. The government provided housing and education to these de facto refugees.

Section 3. Freedom to Participate in the Political Process

The constitution does not 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. The government did not allow the formation of political parties or opposition groups. The amir exercises full executive powers, including the appointment of cabinet members. During the year the amir issued a decree extending the term of the appointed Shura Council, the country’s titular legislative body, by two years to end in June 2021. In November the amir assigned the prime minister to form and lead a committee to regulate the process of the Shura Council elections.

The constitutional provisions for electing two-thirds of the Shura Council’s members and initiation of legislation by the Shura Council remain unimplemented.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, and the government generally implemented these laws effectively. There were reports, however, of government corruption during the year.

Corruption: The law gives the State Audit Bureau financial authority and independence and allows it to publish parts of its findings provided confidential information is removed. Official statistics from 2017, the last officially released numbers, showed 10 cases of embezzlement of which five had been closed.

Financial Disclosure: There are no legal requirements for public officials to disclose their income and assets, and they did not do so.

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

Researchers from international nongovernmental organizations (NGOs) such as Amnesty International and Human Rights Watch and international unions such as Building and Wood Workers’ International and the International Trade Union Confederation continued to visit and report on the country without interference from authorities. The government was often responsive to requests for meetings and jointly participated in public events hosted by human rights groups, including on sensitive topics such as labor rights.

Several quasi-governmental organizations are under a single entity, Qatar Foundation, which is under the leadership of Sheikha Hind Al Thani, the sister of the amir. These organizations cooperated with the government, rarely criticized it, and did not engage in political activity. Some international NGOs have offices in the country focused on labor rights with the permission of the government.

The NHRC provided some mild criticism of abuses and conducted its own investigations into human rights violations. A law regulating the work of the NHRC granted the committee “full independence” in practicing its activities and providing immunity to the committee’s members. The NHRC typically handled petitions by liaising with government institutions to ensure a timely resolution to disputes.

In November the UN Working Group on Arbitrary Detention carried out its first official visit to the country to assess the situation regarding deprivation of liberty. Following the visit, the group stated, “Existing laws that allow prolonged administrative detention without judicial control and due process guarantees ought to be abolished, as these place individuals outside the protection of the law.” The Working Group called on authorities to “immediately repeal the Protection of Community Law, the State Security Law, and the Law on Combating Terrorism.”

Government Human Rights Bodies: The Human Rights Department at the Ministry of Interior and the Human Rights Department at the Ministry of Foreign Affairs are mandated to observe, report, and handle human rights issues. The NHRC is mandated by the cabinet to issue an annual report pertaining to the human rights conditions in the country.

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 does not adequately protect the right of workers to form and join independent unions, conduct legal strikes, and bargain collectively, which made the exercise of these rights difficult. The law provides local citizen workers in private sector enterprises that have 100 citizen workers age 18 and older a limited right to organize, strike, and bargain collectively. The law does not prohibit antiunion discrimination or provide for reinstatement of workers fired for union activity.

The law excludes government employees, noncitizens, domestic workers, drivers, nurses, cooks, gardeners, casual workers, workers employed at sea, and most workers employed in agriculture and grazing from the right to join worker committees or the national union, effectively banning these workers from organizing, bargaining collectively, or striking.

In May the Ministry of Administrative Development, Labor, and Social Affairs issued a decision regulating the formation of the “joint labor committees” within the private sector. In organizations with more than 30 workers, the law permits the establishment of “joint committees” with an equal number of worker and management representatives to deal with a limited number of workplace problems. Foreign workers may be members of joint labor-management committees. The law offers a means to file collective disputes. If disputes are not settled internally between the employees and employer, the Ministry of Administrative Development, Labor, and Social Affairs may mediate a solution. An agreement signed between the ministry and the International Labor Organization (ILO) includes provisions to create these committees with ILO supervision and assistance. Under the umbrella of this agreement and as of August, at least five joint committees have initiated operation and held elections to choose employee representatives. Following the formation of “joint committees,” the ILO provided extensive trainings to the committee members on how to manage the committees, how to establish open channels of communications with workers and management, and the mechanisms to submit complaints to the competent authorities.

The law requires approval by the Ministry of Administrative Development, Labor, and Social Affairs for worker organizations to affiliate with groups outside the country. The government did not respect freedom of association and the right to collective bargaining outside of the joint committees.

For those few workers covered by the law protecting the right to collective bargaining, the government circumscribed the right through its control over the rules and procedures of the bargaining and agreement processes. The labor code allows for only one trade union, the General Union of Workers of Qatar (General Union), which was composed of general committees for workers in various trades or industries. Trade or industry committees were composed of worker committees at the individual firm level. The General Union was not a functioning entity.

Employees could not freely practice collective bargaining, and there were no workers under collective bargaining contracts. While rare, when labor unrest occurred, mostly involving the country’s overwhelmingly foreign workforce, the government reportedly responded by dispatching large numbers of police to the work sites or labor camps involved; the government also requested the assistance of the embassies for the nationals involved. Strikes generally ended after these shows of force and the involvement of embassies to resolve disputes. In many cases the government summarily deported the workers’ leaders and organizers. International labor NGOs were able to send researchers into the country under the sponsorship of academic institutions and quasi-governmental organizations such as the NHRC.

Although the law recognizes the right to strike for some workers, restrictive conditions made the likelihood of a legal strike extremely remote. The law requires approval for a strike by three-fourths of the General Committee of the workers in the trade or the industry, and potential strikers also must exhaust a lengthy dispute resolution procedure before a lawful strike may be called. Civil servants and domestic workers do not have the right to strike; the law also prohibits strikes at public utilities and health or security service facilities, including the gas, petroleum, and transportation sectors. The Complaint Department of the Ministry of Administrative Development, Labor, and Social Affairs, in coordination with the Ministry of Interior, must preauthorize all strikes, including approval of the time and place. In August several thousand migrant workers staged a strike against delayed wage payment and blocked a highway in a remote area outside the capital Doha. The government dispersed the protests and convinced the company to pay the workers one-half of their wages within 48 hours, and the remainder of their wages within the week. There were no reports of security forces arresting or clashing with the protesters.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. International media and human rights organizations alleged numerous abuses against foreign workers, including forced or compulsory labor, withheld wages, unsafe working conditions, poor living accommodations, employers who routinely confiscated worker passports, and a sponsorship system that gave employers inordinate control of workers. During the year Amnesty International reported multiple cases of slow access to justice after three medium-sized companies refused to pay wages, withheld passports, and refused to appear in court. The ILO noted the law allows for the imposition of forced labor on those who hold political views ideologically opposed to the established political and social system.

The government made efforts to prevent and eliminate forced labor, although the restrictive sponsorship system left some migrant workers vulnerable to exploitation. The law allows employees in the private sector to switch employers at the end of their contract, which can be up to five years, without the permission of their employer. Employees may also switch employers in cases of failure to pay, violation of contract, mutual agreement, filing of a legal case in court, and bankruptcy or death of employer. In 2018 the exit visa requirement for most workers covered under the labor law was rescinded. The law does not extend to domestic workers, who are required to obtain their employers’ permission to leave the country. All workers subjected to exit permit requirements are allowed to seek the removal of such restrictions through a Ministry of Interior and Ministry of Administrative Development, Labor, and Social Affairs jointly operated grievance committee.

During the year the government opened the first trafficking-in-persons shelter. The government arrested and prosecuted individuals for suspected labor law violations. The Ministry of Administrative Development, Labor, and Social Affairs, the Ministry of Interior, and the NHRC conducted training sessions and distributed to migrant laborers multilingual written explanations of their rights under local labor and sponsorship laws. To combat late and unpaid wages, the government mandated that employers pay wages electronically to all employees subject to the labor law through a system subject to audits by an inspection division at the Ministry of Administrative Development, Labor, and Social Affairs. Employers who failed to pay their workers faced penalties, but enforcement was inconsistent.

There were continuing indications of forced labor, especially in the construction and domestic-labor sectors, which disproportionately affected migrant workers. Exorbitant recruitment fees incurred abroad entrapped many workers in long-term debt, making them more vulnerable to exploitation. Some foreign workers who voluntarily entered the country to work had their passports and pay withheld and worked under conditions to which they had not agreed. Contract substitution remained a problem according to representatives of the migrant worker community; however, to help eliminate the practice, a government electronic contracting system exists in several third countries where workers are hired. Embassies of labor-sending countries reported this new system helped significantly reduce contract substitution and the number of workers who arrive in Doha without contracts.

The Residency Affairs Prosecution received 1,164 complaints for nonpayment in 2018, of which 1,155 were referred to courts and nine complaints were archived.

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 for employment at 16 years and stipulates that minors between the ages of 16 and 18 years may work with parental or guardian permission. The law prohibits all of the worst forms of child labor. Minors may not work more than six hours a day or more than 36 hours a week. Employers must provide the Ministry of Administrative Development, Labor, and Social Affairs with the names and occupations of their minor employees and obtain permission from the Ministry of Education and Higher Education to hire a minor. The ministry may prohibit the employment of minors in jobs judged dangerous to their health, safety, or morals. The government generally enforced relevant laws effectively, and child labor rarely occurred. Penalties were sufficient to deter violations.

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination based on sex, race, language, and religion, but not political opinion, national origin, social origin, disability, sexual orientation, age, or HIV-positive status. Local custom, however, outweighed government enforcement of nondiscrimination laws, and legal, cultural, and institutional discrimination existed against women, noncitizens, and foreign workers. By law women are entitled to equal pay for equal work, but this did not always happen in practice, and they often lacked access to decision-making positions in management of private companies and in the public sector. The government prohibited lower-paid male workers from residing in specific “family” residential zones throughout the country. The government discriminated against noncitizens in employment, education, housing, and health services (see section 6).

The law requires reserving 2 percent of jobs in government agencies and public institutions for persons with disabilities, and most government entities appeared to conform to this law. Private-sector businesses employing a minimum of 25 persons are also required to hire persons with disabilities as 2 percent of their staff. Employers who violate these employment provisions are subject to fines of up to 20,000 QAR ($5,500). There were no reports of violations of the hiring quota requirement during the year.

e. Acceptable Conditions of Work

The labor law provides for a 48-hour workweek with a 24-hour rest period and paid annual leave days. The law requires premium pay for overtime and prohibits excessive compulsory overtime. Employees who work more than 48 hours per week, or 36 hours per week during the month of Ramadan are entitled to an overtime pay supplement of at least 25 percent. The government sets occupational health and safety standards including restrictions on working during the hottest hours of the day during the summer and general restrictions related to temperature during the rest of the day as well. The labor law and provisions for acceptable conditions of work do not apply to workers in the public sector or agriculture, or to domestic workers.

Responsibility for laws related to acceptable conditions of work fell primarily to the Ministry of Administrative Development, Labor, and Social Affairs as well as to the Ministry of Municipality and Environment and the Ministry of Public Health. The government did not effectively enforce standards in all sectors; working conditions for citizens were generally adequate, because government agencies and the major private-sector companies employing them generally followed the relevant laws. Enforcement problems were in part due to insufficient training and lack of personnel. Penalties were not sufficient to deter violations.

The government took limited action to prevent violations and improve working conditions. In March 2018 the worker dispute settlement committees assumed their duties, chaired by first-instance judges appointed by the Supreme Judicial Council and members of the Ministry of Administrative Development, Labor, and Social Affairs. In 2018 the committees issued final verdicts in 1,339 cases, archived 1,088 cases for no-show of workers, and settled 93 cases amicably.

The Labor Inspection Department conducted monthly and random inspections of foreign worker camps. When inspectors found the camps to be below minimum standards, the operators received a warning, and authorities ordered them to remedy the violations within one month. For example, after inspectors reportedly checked companies’ payrolls and health and safety practices, they returned one month later to ensure any recommended changes were made. If a company had not remedied the violations, the Ministry of Administrative Development, Labor, and Social Affairs imposed fines, blacklisted the company, and on occasion referred the matter to the public prosecutor for action. Official statistics showed that the Ministry’s inspectors conducted 43,366 visits to work sites and 2,515 visits to labor accommodations in 2018.

Fear of penalties such as blacklisting appeared to have had some effect as a deterrent to some labor law violations. Blacklisting is an administrative hold on a company or individual that freezes government services such as processing new visa applications from the firms. Firms must pay a 3,000 QAR ($825) fine to be removed from the list–even if the dispute is resolved–and the ministry reserves the right to keep companies on the list after the fine is paid as a punitive measure.

The Ministry of Administrative Development, Labor, and Social Affairs inspectors continued to conduct inspection visits to work and labor housing sites. Officials from the ILO joined labor inspectors on several inspections and assisted in the formation of a new strategic plan for strengthening the Labor Inspections Unit. Violators faced penalties that were insufficient to deter violations. The ministry maintained an office in Doha’s industrial area, where most unskilled foreign workers resided, to receive complaints about worker safety or nonpayment of wages.

Violations of wage, overtime, and safety and health standards were relatively common, especially in sectors employing foreign workers, in which working conditions were often poor. The government did not effectively enforce these laws. Employers must pay their employees electronically to provide a digital audit trail for the Ministry of Administrative Development, Labor, and Social Affairs. Employers who failed to pay their workers faced penalties which were insufficient to deter violations. By law employees have a right to remove themselves from situations that endangered their health or safety without jeopardy to their employment, but authorities did not effectively provide protection to employees exercising this right. Employers often ignored working-hour restrictions and other laws with respect to domestic workers and unskilled laborers, the majority of whom were foreigners.

Some employers did not pay workers for overtime or annual leave. Employers housed many unskilled foreign laborers in cramped, dirty, and hazardous conditions, often without running water, electricity, or adequate food. The government continued to serve eviction notices to property owners whose buildings were not up to code. Throughout the year international media alleged some abusive working conditions existed, including work-related deaths of young foreign workers, especially in the construction sector.

Domestic workers often faced unacceptable working conditions. Many such workers frequently worked seven days a week and more than 12 hours a day with few or no holidays, no overtime pay, and limited means to redress grievances. Some employers denied domestic workers food or access to a telephone, according to news reports and foreign embassy officials.

International NGOs found that foreign workers faced legal obstacles and lengthy legal processes that prevented them from seeking redress for violations and exploitative conditions. Noncitizen community leaders also highlighted migrant workers’ continued hesitation to report their plight due to fear of reprisals.

Saudi Arabia

Executive Summary

The Kingdom of Saudi Arabia is a monarchy ruled by King Salman bin Abdulaziz Al Saud, who is both head of state and head of government. The 1992 Basic Law sets out the system of governance, rights of citizens, and powers and duties of the government, and it provides that the Quran and Sunna (the traditions of the Prophet Muhammad) serve as the country’s constitution. It specifies that the rulers of the country shall be male descendants of the founder, King Abdulaziz (Ibn Saud). In 2015 the country held its most recent municipal elections on a nonparty basis for two-thirds of the 3,159 seats in the 284 municipal councils around the country. Independent polling station observers did not identify significant irregularities with the elections.

The State Security Presidency (SSP), the National Guard, and the Ministries of Defense and Interior, all of which report to the king, are responsible for law enforcement and maintenance of order. The SSP includes the General Directorate of Investigation (Mabahith), Special Security Forces, and Special Emergency Forces; police are under the Ministry of Interior. Civilian authorities generally maintained effective control over the security forces.

Through royal decrees the government instituted significant reforms to male guardianship provisions that had long required women to obtain permission from a close male relative for a range of activities, including applying for passports and traveling abroad, registering the birth of a child, registering a marriage or divorce, obtaining status as a “head of household,” and seeking legal guardianship of children. Other new regulations expanded women’s economic empowerment by banning gender discrimination in the workplace and opening new employment opportunities for women.

Significant human rights issues included: unlawful killings; executions for nonviolent offenses; forced disappearances; torture of prisoners and detainees by government agents; arbitrary arrest and detention; political prisoners; arbitrary interference with privacy; criminalization of libel, censorship, and site blocking; restrictions on freedoms of peaceful assembly, association, and movement; severe restrictions of religious freedom; citizens’ lack of ability and legal means to choose their government through free and fair elections; trafficking in persons; violence and official discrimination against women, although new women’s rights initiatives were implemented; criminalization of consensual same-sex sexual activity; and prohibition of trade unions.

In several cases the government did not punish officials accused of committing human rights abuses, contributing to an environment of impunity. Following the high-profile October 2018 killing of journalist Jamal Khashoggi in Turkey, a court sentenced five officials to death and three officials to prison on December 23. The court ruled that guilt could not be established in the case of three other defendants.

In September state-owned oil processing facilities in Abqaiq and Khurais were attacked by drones and missiles. Houthi militants in Yemen claimed responsibility, but the Saudi government concluded Iran was responsible for the attack. Houthi militants were also responsible for numerous other attacks on civilian infrastructure inside Saudi Arabia, including airports, schools, hospitals, and oil facilities. Saudi Arabia continued air operations in Yemen throughout the year as leader of a coalition formed in 2015 to counter the 2014 Houthi takeover of government institutions and facilities. Saudi-led coalition airstrikes in Yemen reportedly resulted in civilian casualties and damage to infrastructure on multiple occasions. The pace of airstrikes declined in the fall, as the warring parties pursued a negotiated settlement to the conflict. The coalition’s Joint Incident Assessment Team (JIAT) investigated allegations of civilian casualties, but the Saudi government did not prosecute any cases based on JIAT findings.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law does not provide for freedom of expression, including for the press. The Basic Law specifies, “Mass media and all other vehicles of expression shall employ civil and polite language, contribute towards the education of the nation, and strengthen unity. The media are prohibited from committing acts that lead to disorder and division, affect the security of the state or its public relations, or undermine human dignity and rights.” Authorities are responsible for regulating and determining which speech or expression undermines internal security. The government can ban or suspend media outlets if it concludes they violated the press and publications law, and it monitored and blocked hundreds of thousands of internet sites. There were frequent reports of restrictions on free speech.

The counterterrorism law’s definition of terrorism includes “any conduct…intended to disturb public order…or destabilize the state or endanger its national unity.” The law also penalizes “anyone who challenges, either directly or indirectly, the religion or justice of the king or crown prince…or anyone who establishes or uses a website or computer program…to commit any of the offenses set out in the law.” Local human rights activists, international human rights organizations, and the UN special rapporteur on human rights and counterterrorism criticized the law for its overly broad and vague definitions of terrorism and complained the government used it to prosecute peaceful expression and dissent.

Freedom of Expression: The government monitored public expressions of opinion and took advantage of legal controls to impede the free expression of opinion and restrict individuals from engaging in public criticism of the political sphere. The law forbids apostasy and blasphemy, which can carry the death penalty, although there were no recent instances of death sentences being carried out for these crimes (see section 1.a.). Statements that authorities construed as constituting defamation of the king, monarchy, governing system, or Al Saud family resulted in criminal charges for citizens advocating government reform. The government prohibits public employees from directly or indirectly engaging in dialogue with local or foreign media or participating in any meetings intended to oppose state policies.

Some human rights activists were detained and then released on the condition that they refrain from using social media for activism, communicating with foreign diplomats and international human rights organizations, and traveling outside the country, according to human rights organizations.

The government detained a number of individuals for crimes related to their exercise of free speech during the year. From September to November, human rights groups and foreign media reported that authorities detained at least six persons, including an academic, poet, and tribal chief, for allegedly criticizing the General Entertainment Authority (GEA).

On October 10, Omar al-Muqbil, an academic at Qassim University, was allegedly arrested over a video criticizing the GEA’s recent policy of hosting concerts by international artists. In the video he accused the GEA of “erasing society’s original identity.” On October 21, poet Safar al-Dughilbi was summoned for questioning regarding a poem he wrote that referred to the “ill-practices” of the GEA. On October 22, the Prisoners of Conscience Twitter account announced a chief of the Otaiba tribe, Faisal Sultan Jahjah bin Humaid, was detained and questioned following a tweet criticizing the GEA and calling for “reasonable forms of entertainment.”

On November 12, the chairman of the GEA, Turki Al al-Sheikh, warned on Twitter the government would “take legal steps against anyone who criticizes or complains about the authority’s work.”

Between November 16 and November 20, authorities detained at least 11 persons, mostly journalists, writers, and entrepreneurs, according to the ALQST. A few days later, authorities released at least eight of those detained.

Press and Media, Including Online Media: The Press and Publications Law governs printed materials; printing presses; bookstores; the import, rental, and sale of films; television and radio; foreign media offices and their correspondents; and online newspapers and journals. Media fall under the jurisdiction of the Ministry of Media. The ministry may permanently close “whenever necessary” any means of communication–defined as any means of expressing a viewpoint that is meant for circulation–that it deems is engaged in a prohibited activity, as set forth in the law.

Media policy statements urged journalists to uphold Islam, oppose atheism, promote Arab interests, and preserve cultural heritage. In 2011 a royal decree amended the press law to strengthen penalties, create a special commission to judge violations, and require all online newspapers and bloggers to obtain a license from the ministry. The decree bans publishing anything “contradicting sharia, inciting disruption, serving foreign interests that contradict national interests, and damaging the reputation of the grand mufti, members of the Council of Senior Religious Scholars, or senior government officials.”

The law states that violators can face fines up to 50,000 riyals ($13,300) for each violation of the law, which doubles if the violation is repeated. Other penalties include banning individuals from writing. While the Violations Considerations Committee in the Ministry of Media has formal responsibility for implementing the law, the Ministry of Interior, the CPVPV, and judges considered these issues regularly and exercised wide discretion in interpreting the law. It was unclear which of these institutional processes accords with the law.

Although unlicensed satellite dishes were illegal, the government did not enforce restrictions on them, and their use was widespread. Many foreign satellite stations broadcast a wide range of programs into the country in Arabic and other languages, including foreign news channels. Access to foreign sources of information, including via satellite dishes and the internet, was common. Foreign media were subject to licensing requirements from the Ministry of Media and could not operate freely. Privately owned satellite television networks, headquartered outside the country, maintained local offices and operated under a system of self-censorship.

On March 3, local media reported that authorities temporarily suspended a talk show hosted by journalist and Saudi Broadcasting Corporation president Dawood al-Shirian after it showed episodes on the guardianship system, the shortage of driving schools for women, and Saudi women seeking asylum abroad. The show returned a week later on March 10, according to Okaz daily newspaper.

On June 11, local media reported the GEA banned Kuwaiti artist Mona Shadad from appearing on local radio and television channels after Shadad appeared in a video praising Qatar.

Violence and Harassment: Authorities subjected journalists, writers, and bloggers to arrest, imprisonment, and harassment during the year (see sections 1.c., Prison and Detention Center Conditions and 1.e., Political Prisoners and Detainees).

Throughout the year NGOs, academics, and the press reported on the government’s targeting of dissidents using automated social media accounts to ensure that progovernment messages dominated social media trend lists and effectively silenced dissenting voices. Automated account activity was reportedly accompanied by online harassment by progovernment accounts in some instances. Dissidents with large social media followings were targeted for offline harassment and surveillance as well.

Censorship or Content Restrictions: The government reportedly penalized those who published items counter to government guidelines and directly or indirectly censored the media by licensing domestic media and by controlling importation of foreign printed material.

All newspapers, blogs, and websites in the country must be government licensed. The Ministry of Media must approve the appointment of all senior editors and has authority to remove them. The government provided guidelines to newspapers regarding controversial issues. The Saudi Press Agency reported official government news. The government owned most print and broadcast media and book publication facilities in the country, and members of the royal family owned or influenced privately owned and nominally independent operations, including various media outlets and widely circulated pan-Arab newspapers published outside the country. Authorities prevented or delayed the distribution of foreign print media covering issues considered sensitive, effectively censoring these publications.

The government censored published material it considered blasphemous, extremist, racist, or offensive or as inciting chaos, violence, sectarianism, or harm to the public order. In 2017 the PPO stated that producing and promoting “rumors that affect the public order” was a crime under the cybercrimes law and punishable by up to five years in prison, a fine of three million riyals ($800,000), or both. In June 2018 the PPO warned against sending, producing, or storing any material that stirs up tribalism and fanaticism or harms public order, which is also punishable by the above penalties. On July 10, the Shura Council called on the General Commission for Audiovisual Media to intensify efforts to prevent the broadcast of content that contravenes the country’s laws, customs, traditions, and public decorum or harms the reputation of the kingdom and its people. According to the Saudi Press Agency, the council underlined the need to enhance control of the electronic games market through surveillance of stores, markets, and websites in accordance with local and international regulations.

In some cases, however, individuals criticized specific government bodies or actions publicly without repercussions. The Consultative Council (Majlis ash-Shura), an advisory body, frequently allowed print and broadcast media to observe its proceedings and meetings, but the council closed some high-profile or controversial sessions to the media.

Libel/Slander Laws: There were numerous reports during the year of the government using libel laws to suppress publication of material that criticized policies or public officials.

The cybercrimes law provides for a maximum penalty of one year’s imprisonment for “defamation and infliction of damage upon others through the use of various information technology devices,” including social media and social networks.

National Security: Authorities used the cybercrimes law and the counterterrorism law to restrict freedom of expression, including by prosecuting numerous individuals under these laws on charges related to statements made on social media.

b. Freedoms of Peaceful Assembly and Association

The law does not provide for freedom of assembly and association, which the government severely limited.

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 does not contain provisions for freedom of internal movement, foreign travel, emigration, and repatriation.

In-country Movement: The government generally did not restrict the free movement of male citizens within the country. The guardianship system does not require a woman to have the permission of her male guardian (normally a father, husband, son, brother, grandfather, uncle, or other male relative) to move freely within the country (see section 6, Women). Courts, however, sometimes ruled that women should abide by a male guardian’s request to stay at home by “occasionally upholding a guardian’s right to obedience from his female dependents,” according to an HRW report.

Authorities respected the right of citizens to change residence or workplace, provided they held a national identification card (NIC). The law requires all male citizens who are 15 or older to possess a NIC. In 2012 the Ministry of Interior announced it would start issuing NICs to all female citizens at the age of 15, phasing in the requirement over a seven-year period. There was minimal information available regarding whether this initiative was successfully implemented.

In June 2018 the country lifted its longstanding ban on women driving. The process of issuing licenses, however, was slowed by the small number of training schools available to women, which resulted in waiting lists for driving classes, since a driving school certificate is a requirement to obtain a license. Another obstacle was the high cost of driver’s education for women, which international media reported was four to five times as expensive as men’s fees, reportedly because women’s schools had better technology and facilities.

Foreign Travel: There are restrictions on foreign travel. Many foreign workers require an exit visa and a valid passport to depart the country. Saudi citizens of both genders younger than 21, other dependents, or foreign citizen workers under sponsorship require a guardian’s consent to travel abroad. On June 20, Okaz reported that married Saudi men younger than 21 no longer require guardian consent to travel abroad. According to Ministry of Interior regulations, a noncitizen wife needs permission from her husband to travel, unless both partners sign a prenuptial agreement permitting the noncitizen wife to travel without the husband’s permission. Government entities can ban the travel of citizens and noncitizens without trial, and male family members can “blacklist” women and minor children by reporting them as “disobedient,” prohibiting their travel.

On August 1, the government published Royal Decree 134/M, which stipulates that citizens of either gender older than 21 can obtain and renew a passport and travel abroad without guardian permission. The travel regulations entered into effect on August 20. On October 14, local media reported that as many as 14,000 adult women had obtained their passports since August without seeking the consent of their legal guardian.

Employers or sponsors controlled the departure of foreign workers and residents from the country; employers or sponsors were responsible for processing residence permits and exit visas on their behalf. Sponsors frequently held their employees’ passports against the desires of the employees, despite a law specifically prohibiting this practice. Foreign workers typically provided sponsors with their residence permit before traveling in exchange for their passport to ensure the worker’s return to their employer after their travel.

The government reportedly confiscated passports for political reasons and revoked the rights of some citizens to travel, often without providing them notification or opportunity to contest the restriction. Most travel bans reportedly involved individuals in court cases relating to corruption, state security concerns, or labor, financial, and real estate disputes. Many relatives of citizens detained in relation to the government’s anticorruption campaign as well as relatives of detained clerics and human rights activists were also reportedly under travel bans.

The government seized the U.S. passports of the wife and children of dual U.S.-Saudi citizen Walid Fitaihi, barring them from leaving the kingdom and freezing their assets following Fitaihi’s detention in 2017. While the international travel ban for family members had been lifted at times during Fitaihi’s detention, it was reinstated following Fitaihi’s release on bond and subsequent charging in July.

f. Protection of Refugees

Access to Asylum: The law provides that the “state will grant political asylum if public interest so dictates.” There are no regulations implementing this provision. Generally, there is not a codified asylum system for those fleeing persecution, and the country is not a party to the 1951 Refugee Convention. The government permitted refugees recognized by the Office of the UN High Commissioner for Refugees (UNHCR) to stay in the country temporarily, pending identification of a durable solution, including third-country resettlement or voluntary repatriation. The government generally did not grant asylum or accept refugees for resettlement from third countries. Government policy is to refuse refugee status to persons in the country illegally, including those who have overstayed a pilgrimage visa. The government strongly encouraged persons without residency to leave, and it threatened or imposed deportation. Access to naturalization was difficult for refugees.

The government granted six-month visas to Syrian and Yemeni citizens, and a royal decree allowed pro forma extensions of these visas. On January 8 and July 11, the General Directorate of Passports announced renewal of visitor identification cards for Yemeni citizens in accordance with royal directives. The International Organization for Migration (IOM) reported, however, that during the year more than 30,000 Yemenis were deported due to their immigration status (see section 7.e., Acceptable Conditions of Work). In April 2018 then foreign minister Adel al-Jubeir stated that, since the start of the Syrian conflict, the country had taken in approximately two and one-half million Syrians and treated them as its own citizens, providing them with free health care, work, and education. He added that the country’s universities and schools had more than 140,000 Syrian students.

The IOM reported that as of August an estimated 300,000 Ethiopians had returned to Ethiopia since the government launched a campaign titled “A Nation without Violations” in 2017. HRW reported that a number of these migrants came to Saudi Arabia after experiencing persecution by the Ethiopian government and that deportations may have returned individuals to potentially harmful circumstances. HRW also noted migrants had faced abusive prison conditions in Saudi Arabia.

The government did not recognize the right of Saudi citizens to petition for access to asylum or refugee status in foreign countries. In several cases the government prosecuted and penalized Saudi citizens who sought asylum in foreign countries, according to multiple sources (see section 2.b., Freedom of Association). In January an 18-year-old Saudi citizen, citing fear for her life, was granted refugee status in Canada after fleeing from her family to Bangkok. Rahaf Mohammed claimed the Saudi embassy in Bangkok tried to force her to return to Saudi Arabia.

Employment: Refugees and asylum seekers were generally unable to work legally, although Syrian and Yemeni citizens who possessed a temporary visa could obtain a visitor card from the Ministry of Interior, which reportedly allows these persons to work. The renewable permits are valid for up to six months and tied to the validity period of their temporary visas; men between the ages of 18 and 60 were eligible to apply. In 2017 the General Directorate of Passports allowed Yemeni men to convert their visitor identification card to a residency permit if their Yemeni passport and visitor identification card were valid.

Access to Basic Services: The government provides preferential access to education, health care, public housing, and other social services to citizens and certain legal residents. A royal decree issued in 2012 permitted all Syrians in Saudi Arabia free access to the educational system and a separate decree issued in 2015 gave Yemenis in Saudi Arabia free access to schools. The Ministry of Education modified these decisions in February 2018, announcing that Syrian and Yemeni students holding visitor identification cards were no longer allowed to enroll in public schools and universities and would have to enroll in private ones at their own expense. The UNHCR office in Riyadh provided a subsistence allowance covering basic services to a limited number of vulnerable families, based on a needs assessment. Authorities worked with UNHCR to provide medical treatment, also following a needs assessment.

Section 3. Freedom to Participate in the Political Process

The law does not 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; it establishes an absolute monarchy led by the Al Saud family as the political system. The Allegiance Council, composed of up to 34 senior princes appointed by the king, is formally responsible for selecting a king and crown prince upon the death or incapacitation of either. Only select members of the ruling family have a voice in the choice of leaders, the composition of the government, or changes to the political system.

The law provides citizens the right to communicate with public authorities on any matter and establishes the government on the principle of consultation (shura). The king and senior officials, including ministers and regional governors, are required to be available through majlis, open-door meetings where in theory any male citizen or noncitizen may express an opinion or a grievance without an appointment.

Most government ministries and agencies had women’s sections to interact with female citizens and noncitizens, and at least two regional governorates hired female employees to receive women’s petitions and arrange meetings for women with complaints for, or requests of, the governor.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption. Some officials engaged in corrupt practices, and perceptions of corruption persisted in some sectors. Government employees who accepted bribes faced 10 years in prison or fines up to one million riyals ($267,000).

The Supreme Anticorruption Committee, the National Anticorruption Commission (Nazaha), the PPO, and the Control and Investigation Board are units of the government with authority to investigate reports of criminal activity, corruption, and “disciplinary cases” involving government employees. These bodies are responsible for investigating potential cases and referring them to the administrative courts.

While Nazaha is responsible for promoting transparency and combating all forms of financial and administrative corruption, the relationship between Nazaha and the newer Supreme Anticorruption Committee was unclear. Nazaha’s ministerial-level director reported directly to the king. In 2015 the Shura Council criticized Nazaha for its failure to refer for investigation a sufficient number of corruption cases. The council also stated the public did not believe Nazaha could handle its responsibility to investigate and punish corruption.

Legal authorities for investigation and public prosecution of criminal offenses are consolidated within the PPO; the Control and Investigation Board is responsible for investigation and prosecution of noncriminal cases. Financial audit and control functions are vested in the General Auditing Board. The HRC also responded to and researched complaints of corruption.

On December 12, King Salman issued three royal decrees consolidating anticorruption responsibilities under a single entity, the new Control and Anticorruption Commission. The decrees consolidate the Control and Investigation Board, Mabahith’s Administrative Investigations Directorate (within the General Investigation Directorate), and the National Anticorruption Commission (Nazaha) into the new commission, which is to be led by Mazen bin Ibrahim al-Khamous, who assumed leadership of Nazaha in August. The consolidated agency is intended to have criminal investigation and prosecutorial authorities that its predecessors lacked. As with Nazaha, the new Control and Anticorruption Commission will report directly to the king.

Provincial governors and other members of the royal family paid compensation to victims of corruption during weekly majlis meetings where citizens raised complaints.

Corruption: Nazaha continued operations and referred cases of possible public corruption to the PPO. Nazaha reported that the commission received 15,591 complaints in 2018, up from 10,402 in 2017.

On January 29, local media reported the Ministry of Municipal and Rural Affairs suspended 126 local government employees at municipalities across the kingdom on corruption charges. “They are charged with involvement in a number of cases including financial and managerial corruption, abuse of power, as well as other legal and criminal violations,” the ministry announced on Twitter.

On February 5, Public Prosecutor Saud al-Mu’jab announced the launch of the Financial Reports Office, part of the government’s General Auditing Bureau. Al-Mu’jab noted the office would monitor state spending and help sustain the fight against corruption after the end of the anticorruption campaign, which the Royal Court announced on January 30.

The Royal Court noted that in the anticorruption campaign, launched in 2017, the government had recovered 400 billion riyals ($106.7 billion) in cash, real estate, and other assets as settlements. It added that the anticorruption committee, led by Crown Prince Mohammad bin Salman, summoned 381 individuals for questioning and reached financial settlements with 87 suspects. Eight individuals declined to settle and were referred to the PPO. The cases of an additional 56 individuals were not settled due to preexisting criminal charges against them, the Royal Court stated.

Human rights organizations criticized the government for using the anticorruption campaign as a pretext to target perceived political opponents and for arbitrarily detaining and abusing individuals targeted in the crackdown (see sections 1.c. and 1.d., Pretrial Detention).

In September the government appointed a new Supreme Anticorruption Committee head who announced he would prioritize elimination of corruption in the government ministry and agency ranks.

Financial Disclosure: The government had a uniform schedule of financial disclosure requirements for public officials.

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

The law provides that “the State shall protect human rights in accordance with Islamic sharia.” The government restricted the activities of domestic and international human rights organizations. The government did not allow international human rights NGOs to be based in the country and restricted access to the country for visits. International human rights and humanitarian NGOs reported the government was at times unresponsive to requests for information and did not establish a clear mechanism for communication with NGOs on both domestic human rights issues and issues relating to the conflict in Yemen. There were no transparent standards governing visits by international NGO representatives. The HRC stated that the government welcomed visits by legitimate, unbiased human rights groups but added the government could not act on the “hundreds of requests” it received, in part because it was cumbersome to decide which domestic agencies would be their interlocutor.

The government often cooperated with and sometimes accepted the recommendations of the NSHR, the sole government-licensed domestic human rights organization. The NSHR accepted requests for assistance and complaints about government actions affecting human rights.

The government viewed unlicensed local human rights groups with suspicion, frequently blocking their websites and charging their founders with founding and operating unlicensed organizations.

Government Human Rights Bodies: The government had mechanisms to investigate and punish abuse. The HRC is part of the government and requires the permission of the Ministry of Foreign Affairs before meeting with diplomats, academics, or researchers with international human rights organizations. The HRC president has ministerial status and reports to the king. The well-resourced HRC was effective in highlighting nonpolitically sensitive problems and registering and responding to the complaints it received, but its capacity to effect change was more limited. The HRC worked directly with the Royal Court and the cabinet, with a committee composed of representatives of the Consultative Council and the Ministries of Labor and Social Development and Interior, and with Consultative Council committees for the judiciary, Islamic affairs, and human rights.

During the year the HRC and NSHR were more outspoken in areas deemed less politically sensitive, including child abuse, child marriage, prison conditions, and cases of individuals detained beyond their prescribed prison sentences. They avoided topics such as protests or cases of political activists or reformers that would require directly confronting government authorities. The HRC board’s 18 full-time members included four women and at least three Shia members; they received and responded to complaints submitted by their constituencies, including problems related to persons with disabilities, religious freedom, and women’s rights. The Consultative Council’s Human Rights Committee also actively followed cases and included women and Shia among its members; a woman served as chairperson of the committee.

The HRC and NSHR maintained records of complaints and outcomes, but privacy laws protect information about individual cases, and information was not publicly available. According to HRC figures, the body received at least 1,070 human rights-related complaints between January and April. On January 5, the NSHR stated it received 2,871 complaints in 2017. Topics of complaints included labor, abuse, citizenship, social welfare, health, and education. During the year the Board of Grievances held hearings and adjudicated claims of wrongdoing, but there were no reported prosecutions of security force members for human rights violations.

The HRC, in cooperation with the Ministry of Education, provided materials and training to police, other security forces, the Ministry of Defense, and the CPVPV on protecting human rights.

Military and security courts investigated abuses of authority and security force killings. The Board of Grievances, a high-level administrative judicial body that hears cases against government entities and reports directly to the king, is the primary mechanism to seek redress for claims of abuse. Citizens may report abuses by security forces at any police station or to the HRC or NSHR.

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 does not provide for the right of workers to form and join independent unions. The law does not provide for the right to collective bargaining or the right to conduct legal strikes. The law does not prohibit antiunion discrimination or require reinstatement of workers fired for union activity.

The government did not respect freedom of association and the right to collective bargaining. There were no labor unions in the country, and workers faced potential dismissal, imprisonment, or, in the case of migrant workers, deportation for union activities.

The government allowed citizen-only labor committees in workplaces with more than 100 employees, but it placed undue limitations on freedom of association and was heavily involved in the formation and activities of these committees. For example, the ministry approves the committee members and authorizes ministry and employer representatives to attend committee meetings. Committee members must submit the minutes of meetings to management and then transmit them to the minister; the ministry can dissolve committees if they violate regulations or are deemed to threaten public security. Regulations limit committees to making recommendations to company management that are limited to improvements to working conditions, health and safety, productivity, and training programs.

In April 2018 Riyadh governor Prince Faisal bin Bandar Al Saud warned against illegal assemblies by workers to protest delayed salaries. He advised that foreign workers should seek recourse from the offices of provincial governors and through legal processes, and he reiterated the importance of both employers’ and employees’ abiding by their contractual obligations.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, but the government did not effectively enforce the law. Forced labor occurred, especially among migrant workers–notably domestic servants. Conditions indicative of forced labor experienced by foreign workers included withholding of passports; nonpayment of wages; restrictions on movement; and verbal, physical, and sexual abuse. Labor law prohibits the confiscation of passports and nonpayment of wages. Violations of labor laws could result in penalties, but these did not sufficiently deter violations. Many noncitizen workers, particularly domestic employees not covered under the labor law, were unable to exercise their right to end their contractual work. An employer may require a trainee to work for him or her upon completion of training for a period not to exceed twice the duration of the training or one year, whichever is longer.

Restrictive sponsorship laws increased workers’ vulnerability to forced labor conditions and made many foreign workers reluctant to report abuse. The contract system does not allow workers to change employers or leave the country without the written consent of the employer under normal circumstances. If wages are withheld for 90 days, a ministerial decree permits an employee to transfer his or her sponsorship to a new employer without obtaining prior approval from the previous employer. There were reports, however, that the Ministry of Labor and Social Development did not always approve petitions to transfer sponsorship due to withheld wages, including some cases in which wages had been withheld for more than three months. During the year numerous migrant workers reported being dismissed, sometimes after months of nonpayment of salaries. Some remained stranded in the country because they were unable to pay required exit visa fees. A few countries that previously allowed their citizens to migrate to the country for work prohibited their citizens from seeking work in Saudi Arabia after widespread reports of worker abuse.

The government continued implementation of the Wage Protection System (WPS), which requires employers to pay foreign workers through bank transfers, thereby allowing the ministry to track whether workers were paid appropriately. All employers with more than 10 employees were required to comply with WPS regulations as of 2017. WPS covered five million employees in 34,000 businesses. The Ministry of Labor and Social Development fined companies for delaying payment for employees’ salaries on the first occurrence and blocked companies from accessing government services if a company delayed salaries for two or more months. The fines appeared to be insufficient to deter violations.

Throughout the year the government strictly implemented measures to limit the number of noncitizen workers in the country. The government also penalized Hajj tourist agencies that engaged in human smuggling and local companies that abused the country’s visa laws to bring individuals into the country for reasons other than to employ them directly. A smaller number came as religious pilgrims and overstayed their visas. Because of their undocumented status, many persons in the country were susceptible to forced labor, substandard wages, and deportation by authorities.

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 law provides that no person younger than 15 may legally work unless that person is the sole source of support for the family. Children between the ages of 13 and 15 may work if the job is not harmful to health or growth and does not interfere with schooling. The law provides that hazardous operations or harmful industries may not employ legal minors, and children younger than 18 may not be employed for shifts exceeding six hours a day. There is no minimum age for workers employed in family-owned businesses or other areas considered extensions of the household, such as farming, herding, and domestic service. Penalties generally were considered sufficient to deter violations.

The HRC and NSHR are responsible for monitoring enforcement of child labor laws. There was little information on government efforts to enforce relevant laws or actions to prevent or eliminate child labor during the year. Authorities most commonly enforced the law in response to complaints of children begging on the streets.

Most child labor involved children from other countries, including Yemen and Ethiopia, forced into begging rings, street vending, and working in family businesses.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations do not prohibit discrimination on the basis of race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, or HIV-positive status. Discrimination with respect to employment and occupation occurred with respect to all these categories. There are no effective complaint resolution mechanisms present to deter these discriminatory regulations and practices.

The Ministry of Labor and Social Development explicitly approved and encouraged the employment of women in specific sectors, particularly in government (see section 3, Participation of Women and Minorities) and retail, but women faced many discriminatory regulations. The first-quarter Labor Market Report by the General Authority for Statistics found that Saudi girls and women (15 years of age and above) constituted 8.4 percent of the country’s total labor force (Saudi and non-Saudi, 15 years of age and above). The same report estimated that women and girls, both Saudi and foreign, represented 17.8 percent of all employed persons (15 years of age and above) in the country. Most non-Saudi women were employed as domestic workers. Rules limited the type of work women were allowed to perform and required them to wear a veil. In practice gender segregation continued to take place in the workplace.

There is no regulation requiring equal pay for equal work. In the private sector, the average monthly wage of Saudi women workers was 58 percent of the average monthly wage of Saudi men. Labor dispute settlement bodies did not register any cases of discrimination against women.

In recent years the government decreased the number of restrictions on women’s employment in various sectors (see sections 3 and 6, Women). The most recent reform came in October, when the government announced women could enlist in the military. There were no women working as judges or as members of the Council of Senior Religious Scholars. Women are barred from work in mining, oil refineries, construction, and power generation. Nevertheless, some factories and manufacturing facilities, particularly in the Eastern Province, employed men and women, who worked separate shifts during different hours of the day. The law grants women the right to obtain business licenses without the approval of their guardians, and women frequently obtained licenses in fields that might require them to supervise foreign workers, interact with male clients, or deal with government officials. Although it is illegal for a potential employer to ask a female applicant for her guardian’s permission when she applies for a job, some employers required them to prove such permission. In medical settings and the energy industry, women and men worked together, and in some instances women supervised male employees. Women who work in establishments with 50 or more female employees have the right to maternity leave and childcare.

By an amended decree effective on September 4, labor and social insurance regulations mandate that employers treat all workers equally and bar discrimination “between workers on the basis of gender, disability, age, or any other forms of discrimination, whether in work, employment or advertising [a] vacancy.” The decree expands previous regulations barring employers from firing female workers on maternity leave and includes protection from dismissal for pregnancy-related illness if the absence is less than 180 days per year. The amendments also raised the mandatory retirement age of women to 60, the same as for men.

The Ministry of Labor and Social Development is responsible for protecting the rights of persons with disabilities. Vocational rehabilitation projects and social care programs increasingly brought persons with disabilities into the mainstream. In June the Ministry of Education stated it had taken measures to integrate disabled students, including special education programs in regular schools, training faculty members who work with students with disabilities, and providing technological instruments for students with disabilities free of charge.

Discrimination with respect to religious beliefs occurred in the workplace. Members of the Shia community complained of discrimination based on their religion and had difficulty securing or being promoted in government positions. They were significantly underrepresented in national security-related positions, including the Ministries of Defense and Interior and the National Guard. In predominantly Shia areas, Shia representation was higher in the ranks of traffic police and employees of municipalities and public schools. A very small number of Shia occupied high-level positions in government-owned companies and government agencies (see section 3, Participation of Women and Minorities). Shia were also underrepresented in employment in primary, secondary, and higher education.

Discrimination against Asian and African migrant workers occurred (see section 6, National/Racial/Ethnic Minorities). The King Abdulaziz Center for National Dialogue continued programs that sought to address some of these problems and provided training during the year to combat discrimination against national, racial, or ethnic groups. There were numerous cases of assaults on foreign workers and reports of worker abuse.

Informal discrimination in employment and occupation occurred on the basis of sex, gender, race, religion, national origin, and sexual orientation or gender identity.

In 2017 the Ministry of Interior’s General Directorate of Passports announced a national campaign to identify, arrest, fine, and deport individuals found in violation of the country’s residency laws under the title of “Nation without Violators.” The campaign began with a 90-day grace period or general amnesty to allow irregular migrants to depart the country “without penalty,” after which authorities extended the grace period in coordination with international organizations. The Ministry of Interior stated that nearly 4.15 million foreign citizens were arrested between November 2017 and November 2019 for violating work, residency, and entry rules. Approximately 1,036,800 violators were deported during the cited period, according to the ministry. The Human Rights Committee reported that law enforcement agencies had been trained in screening vulnerable populations for human trafficking indicators and the campaign was being carried out in accordance with protections against trafficking in persons.

e. Acceptable Conditions of Work

The monthly minimum wage for public-sector employees was above the estimated poverty-income level. There was no private-sector minimum wage for foreign workers, and the government did not mandate a general minimum private-sector wage for citizens.

By law a standard workday is eight hours. A standard workweek is 48 hours but can extend to 60 hours, subject to payment of overtime, which is 50 percent more than the basic wage.

An estimated 9.4 million noncitizens, including approximately 947,000 noncitizen women, made up approximately 76 percent of the labor force, according to the General Authority for Statistics labor market survey for the fourth quarter of 2018. Legal workers generally negotiated and agreed to work conditions prior to their arrival in the country, in accordance with the contract requirements contained in the labor law.

The law provides penalties for bringing foreigners into the country to work in any service, including domestic service, without following the required procedures and obtaining a permit. The penalties were insufficient to deter violations.

The labor law provides for regular safety inspections and enables ministry-appointed inspectors to examine materials used or handled in industrial and other operations and to submit samples of suspected hazardous materials or substances to government laboratories. The government effectively enforced the law. The Ministry of Health’s Occupational Health Service Directorate worked with the Ministry of Labor and Social Development on health and safety matters. Regulations require employers to protect some workers from job-related hazards and disease, although some violations occurred. These regulations did not cover farmers, herdsmen, domestic servants, or workers in family-operated businesses. Foreign citizens privately reported frequent failures to enforce health and safety standards. The ministry employed nearly 1,000 labor inspectors.

The law requires that a citizen or business must sponsor foreign workers in order for them to obtain legal work and residency status, although the requirement exempts Syrian and Yemeni citizens who overstayed their visas. According to the IOM, 32,532 Yemenis were deported between January and July due to their immigration status. The ministry implemented measures allowing noncitizen workers to switch their employer to a new employer or company that employed a sufficient quota of Saudi citizens. Despite these revised measures, some workers were unaware of the new regulations and had to remain with their sponsor until completion of their contract or seek the assistance of their embassy to return home. There were also instances in which sponsors bringing noncitizen workers into the country failed to provide them with a residency permit, which undermined the workers’ ability to access government services or navigate the court system in the event of grievances. Sponsors with commercial or labor disputes with foreign employees also could ask authorities to prohibit employees from departing the country until the dispute was resolved. Authorities, however, would not jail or forcibly return fleeing workers who sought to exit the country within a 72-hour period or coordinate with their embassy for repatriation as long as the employees did not have criminal charges or outstanding fines pending against them.

Bilateral labor agreements set conditions on foreign workers’ minimum wage, housing, benefits including leave and medical care, and other topics. These provisions were not drafted in line with international standards, and they varied depending on the source country’s relative bargaining power. The labor law and the law against trafficking do not provide penalties to deter abuse of such workers.

The government engaged in news campaigns highlighting the plight of abused workers, trained law enforcement and other officials to combat trafficking in persons, and worked with the embassies of labor-source countries to disseminate information about labor rights for foreign workers. As in previous years, during Ramadan the HRC broadcast a public awareness program on television emphasizing the Islamic injunction to treat employees well.

The government did not always enforce the laws protecting migrant workers effectively. There were credible reports that some migrant workers were employed on terms to which they had not agreed and experienced problems, such as delays in the payment of wages, changes in employer, or changed working hours and conditions. Migrant workers, especially domestic workers, were vulnerable to abuse, exploitation, and conditions contravening labor laws, including nonpayment of wages, working for periods in excess of the 48-hour workweek, working for periods longer than the prescribed eight-hour workday, and restrictions on movement due to passport confiscation. There were also reports of physical and verbal abuse.

There were credible reports that some noncitizen workers, particularly domestic employees, were unable to exercise their right to remove themselves from dangerous situations. Some employers physically prevented workers from leaving or threatened them with nonpayment of wages if they left. Sponsoring employers, who controlled foreign workers’ ability to remain employed in the country, usually held foreign workers’ passports, a practice prohibited by law. In some contract disputes, sponsors asked authorities to prevent the employee from leaving the country until resolution of the dispute to coerce the employee into accepting a disadvantageous settlement or risking deportation without any settlement.

While some foreign workers were able to contact the labor offices of their embassies for assistance, domestic workers experienced challenges when attempting to gain access to their embassies, including restrictions on their freedom of movement and telephone access, confiscation of their passports, and being subjected to threats and verbal and physical abuse. During the year hundreds of domestic workers, the majority of whom were female, sought shelter at their embassies, some fleeing sexual abuse or other violence by their employers. Some embassies maintained safe houses for citizens fleeing situations that amounted to bondage. The workers usually sought legal help from embassies and government agencies to obtain end-of-service benefits and exit visas.

In addition to their embassies, some domestic servants could contact the NSHR, the HRC, the governmental Interministerial General Secretariat to Combat Human Trafficking, and the Migrant Workers’ Welfare Department, which provided services to safeguard migrant workers’ rights and protect them from abuse. Some were able to apply to the offices of regional governors and lodge an appeal with the Board of Grievances against decisions by those authorities.

On October 13, refiner SASREF reported an apparent industrial accident killed two workers and injured two others during maintenance work. On February 11, the General Organization for Social Insurance stated that at least 47 persons working in the private sector died and 291 others were injured as a result of workplace accidents the previous year.

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