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Afghanistan

Executive Summary

Afghanistan is an Islamic republic with a directly elected president, a bicameral legislative branch, and a judicial branch; however, armed insurgents control some portions of the country. On September 28, Afghanistan held presidential elections after technical issues and security requirements compelled the Independent Election Commission (IEC) to reschedule the election multiple times. To accommodate the postponements, the Supreme Court extended President Ghani’s tenure. The IEC delayed the announcement of preliminary election results, originally scheduled for October 19, until December 22, due to technical challenges in vote tabulations; final results scheduled for November 7 had yet to be released by year’s end.

Three ministries share responsibility for law enforcement and maintenance of order in the country: the Ministry of Interior, the Ministry of Defense, and the National Directorate of Security (NDS). The Afghan National Police (ANP), under the Ministry of Interior, has primary responsibility for internal order and for the Afghan Local Police (ALP), a community-based self-defense force. The Major Crimes Task Force (MCTF), also under the Ministry of Interior, investigates major crimes including government corruption, human trafficking, and criminal organizations. The Afghan National Army, under the Ministry of Defense, is responsible for external security, but its primary activity is fighting the insurgency internally. The NDS functions as an intelligence agency and has responsibility for investigating criminal cases concerning national security. The investigative branch of the NDS operated a facility in Kabul, where it held national security prisoners awaiting trial until their cases went to prosecution. Some areas were outside of government control, and antigovernment forces, including the Taliban, instituted their own justice and security systems. Civilian authorities generally maintained control over the security forces, although security forces occasionally acted independently.

Armed insurgent groups conducted major attacks on civilians and targeted killings of persons affiliated with the government.

Significant human rights issues included: unlawful killings by insurgents; extrajudicial killings by security forces; forced disappearances by security forces and antigovernment personnel; reports of torture by security forces and antigovernment entities; arbitrary detention by government security forces and insurgents; government corruption; lack of accountability and investigation in cases of violence against women, including those accused of so-called moral crimes; recruitment and use of child soldiers and sexual abuse of children, including by security force members and educational personnel; trafficking in persons; violence by security forces against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and criminalization of consensual same-sex sexual conduct.

Widespread disregard for the rule of law and official impunity for those responsible for human rights abuses were serious, continuing problems. The government did not prosecute consistently or effectively abuses by officials, including security forces.

Antigovernment elements continued to attack religious leaders who spoke against the Taliban. During the year many progovernment Islamic scholars were killed in attacks for which no group claimed responsibility. The Taliban and ISIS-Khorasan Province (ISIS-K) used child soldiers as suicide bombers and to carry weapons. Other antigovernment elements threatened, robbed, kidnapped, and attacked government workers, foreigners, medical and nongovernmental organization (NGO) workers, and other civilians. The UN Assistance Mission in Afghanistan (UNAMA) reported 8,239 civilian casualties in the first nine months of the year, with 62 percent of these casualties attributed to antigovernment actors. Taliban propaganda did not acknowledge responsibility for civilian casualties, separating numbers into “invaders” and “hirelings.” The group also referred to its attacks that indiscriminately killed civilians as “martyrdom operations.”

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech, including for the press, but the government sometimes restricted this right.

Freedom of Expression: The law provides for freedom of speech, and the country has a free press. There were reports authorities at times used pressure, regulations, and threats to silence critics. Criticism of the central government was regular and generally free from restrictions, but criticism of provincial governments was more constrained, where local officials and power brokers exerted significant influence and authority to intimidate or threaten their critics, both private citizens and journalists. Discussion of a political nature is also more dangerous for those living in contested or Taliban-controlled areas. Government security agencies increased their ability to monitor the internet, including social media platforms. This monitoring did not have a perceptible impact on social media use.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. Implementation of the Access to Information Law remained inconsistent and media reported consistent failure by the government to meet the requirements of the law. Government officials often restricted media access to government information or simply ignored requests. UNAMA, Human Rights Watch, and Reporters without Borders (Reporters Sans Frontieres, RSF) reported the government did not fully implement the Access to Information Law and that therefore journalists often did not receive access to information they seek.

Journalists faced the threat of harassment and attack by ISIS-K, the Taliban, and government-related figures attempting to influence how they are covered in the news. The Committee to Protect Journalists reported that 13 journalists were killed in connection to their work in 2018, including nine journalists killed in an ISIS-K suicide bombing. Local NGO Nai Supporting Open Media in Afghanistan released findings that violence against journalists declined by 50 percent in the first six months of the year compared with the first six months of 2018. In February, two journalists, Shafiq Arya and Rahimullah Rahmani, were shot and killed by unknown assailants at local radio station Radio Hamsada in Takhar Province.

A rapid expansion in the availability of mobile phones, the internet, and social media provided many citizens greater access to diverse views and information. The government publicly supported media freedom and cooperated with initiatives to counter security threats to media.

Journalists reported facing threats of violence from the internal conflict. Politicians, security officials, and others in positions of power at times threatened or harassed journalists because of their coverage. According to RSF, female journalists were especially vulnerable.

Freedom of speech and an independent media were more constrained at the provincial level than in the capital, Kabul. Political and ethnic groups, including those led by former mujahedin leaders, financed many provincial media outlets and used their financial support to control the content. Provincial media is also more susceptible to antigovernment attacks. According to news reports, a Samaa radio station was forced to shut down its operations for the third time since 2015 because of threats from a local Taliban commander.

Print and online media continued to publish independent magazines, newsletters, newspapers, and websites. A wide range of editorials and dailies openly criticized the government. Still, there were concerns that violence and instability threatened journalists’ safety. Due to high levels of illiteracy, most citizens preferred broadcast to print or online media. A greater percentage of the population, including those in distant provinces, had access to radio over other forms of media.

Violence and Harassment: Government officials and private citizens used threats of violence to intimidate independent and opposition journalists, particularly those who spoke out against impunity, crimes, and corruption by powerful local figures. On May 2, Presidential Protective Service guards at the palace physically assaulted a broadcast journalist from 1TV television. In June an NDS employee beat the Ariana News reporter and cameraperson who was covering the controversial closing of an Afghan-Turk school in Kabul.

The Afghan Journalist Safety Committee (AJSC) reported three journalists killed in the first six months of the year. It recorded 45 cases of violence against journalists, which included killing, beating, inflicting injury and humiliation, intimidation, and detention of journalists–a 50 percent decrease from the first six months of 2018. Government-affiliated individuals or security forces were responsible for 18 instances of violence, half as many as in 2018 when 36 cases were attributed to them. Instances of violence attributed to the Taliban and ISIS-K also declined sharply from 2018–from 37 cases to seven cases. The organization insisted the reduction was not due to better protection from the government but rather due to a lower number of suicide attacks by antigovernment forces, as well as media companies’ adaptation to the reality of violence by not sending journalists for live coverage of suicide attacks and other self-imposed safety measures.

The Taliban continued to attack media organizations and warned media would be targeted unless they stopped broadcasting what it called “anti-Taliban statements.” In June the Taliban commission threatened media to stop transmitting “anti-Taliban advertisements” within one week or “reporters and staff members will not remain safe.”

Increased levels of insecurity created a dangerous environment for journalists, even when they were not the specific targets of violence. During the year several journalists reported attacks by unknown gunmen connected, they claimed, to their coverage of powerful individuals. They also reported local governmental authorities were less cooperative in facilitating access to information.

In 2016 the Office of the National Security Council approved a new set of guidelines to address cases of violence against journalists, but these guidelines were not fully implemented. The initiative created a joint national committee in Kabul and separate committees in provincial capitals, a coordination center to investigate and identify perpetrators of violence against journalists, and a support committee run by the NDS to identify threats against journalists. Press freedom organizations reported that, although the committee met and referred cases to the AGO, it did not increase protection for journalists.

Media advocacy groups reported that many female journalists worked under pseudonyms in both print and social media to avoid recognition, harassment, and retaliation. According to the AJSC, there were no female journalists in nine provinces: Farah, Laghman, Logar, Nuristan, Paktika, Paktiya, Sar-e Pul, Uruzgan, and Zabul.

Censorship or Content Restrictions: Media observers claimed journalists reporting on administrative corruption, land embezzlement, and local officials’ involvement in narcotics trafficking engaged in self-censorship due to fear of violent retribution by provincial police officials and powerful families. Journalists and NGOs reported that, although the amended 2018 Access to Information Law provided an excellent regulatory framework, enforcement remained inconsistent and that noncompliant officials rarely were held accountable. A survey by an NGO supporting media freedom showed more than one-half of journalists were dissatisfied with the level of access to government information and found that one-third of government offices did not have dedicated offices for providing information to the public. Most requests for information from journalists who lack influential connections inside the government or international media credentials are disregarded and government officials often refuse to release information, claiming it is classified.

Libel/Slander Laws: The penal code and the mass media law prescribe jail sentences and fines for defamation. Authorities sometimes used defamation as a pretext to suppress criticism of government officials.

National Security: Journalists complained government officials frequently invoked the national interest exception in the Access to Information law to avoid disclosing information.

Nongovernmental Impact: Some reporters acknowledged they avoided criticizing the insurgency and some neighboring countries in their reporting because they feared Taliban retribution. Insurgent groups coerced media agencies in insecure areas to prevent them from broadcasting or publishing advertisements and announcements of the security forces, entertainment programming, music, and women’s voices.

Women in some areas of the country say their freedom of expression in choice of attire was limited by conservative social mores and sometimes enforced by Taliban in insurgent-controlled areas as well as religious leaders.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights; however, the government limited these freedoms in some instances.

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: The government generally did not restrict the right to freedom of movement within the borders of the country. Social custom limited women’s freedom of movement without male consent or a male chaperone. The greatest barrier to movement in some parts of the country remained the lack of security. Taxi, truck, and bus drivers reported security forces and insurgents sometimes operated illegal checkpoints and extorted money and goods from travelers. The Taliban regularly blocked highways completely or imposed illegal taxes on those who attempted to travel. In August the Taliban captured Dasht-e-Archi District, Kunduz Province and Pul-i-Khumri District, Baghlan Province, blocking roads leading to the Kabul highway for more than two weeks.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM), and other humanitarian organizations to provide protection and assistance to internally displaced persons, refugees, returning refugees, and other persons of concern. The government’s ability to assist vulnerable persons, including returnees from Pakistan and Iran, remained limited, and it continued to rely on the international community for assistance.

Access to Asylum: The government had yet to adopt a draft national refugee law or asylum framework. Nonetheless, UNHCR registers, and mitigates protection risks of approximately 500 refugees in urban areas throughout the country. The country also hosts some 76,000 Pakistani refugees who fled Pakistan in 2014; UNHCR registered some 41,000 refugees in Khost Province and verified more than 35,000 refugees in Paktika Province.

Durable Solutions: The government did not officially accept refugees for resettlement, offer naturalization to refugees residing on its territory, or assist in their voluntary return to their homes. The IOM reported undocumented returns from Iran and Pakistan totaled 504,977 from January 1 to December 29, with 485,096 from Iran and 19,881 from Pakistan. Registered refugee returns from Pakistan slowed to historically low levels during the year, with just 2,000 returns as of June 22. In addition to these numbers, there were 23,789 undocumented Afghan returnees from Turkey.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the opportunity to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. The right to vote may be stripped for certain criminal offenses. For instance, in September the Electoral Complaints Commission (ECC) reportedly fined Border and Tribes minister Gul Agh Shirzai and removed his right to vote for improper campaign activities. Violence from the Taliban and other antigovernment groups and widespread allegations of fraud and corruption interfered with, but did not derail, the presidential election.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials. The government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. Reports indicated corruption was endemic throughout society, and flows of money from the military, international donors, and the drug trade continued to exacerbate the problem. Local businessmen complained government contracts were routinely steered to companies that pay a bribe or have family or other connections to a contracting official.

According to prisoners and local NGOs, corruption was widespread across the justice system, particularly in connection with the prosecution of criminal cases and in arranging release from prison. For example, as in previous years, there were multiple reports that judges would not release prisoners who had served their sentences without receiving payment from family members. There were also reports that officials received unauthorized payments in exchange for reducing prison sentences, halting investigations, or outright dismissing charges.

During the year Freedom House reported inadequately trained judges and extensive corruption in the judiciary, with judges and lawyers often subject to threats and bribes from local leaders or armed groups.

During the year there were reports of “land grabbing” by both private and public actors. Most commonly, businesses illegally obtained property deeds from corrupt officials and sold the deeds to unsuspecting prospective homeowners who were later prosecuted. Other reports indicated government officials confiscated land without compensation with the intent to exchange it for contracts or political favors. There were reports provincial governments illegally confiscated land without due process or compensation in order to build public facilities.

Corruption: UNAMA found that from the Anti-Corruption Justice Center’s (ACJC) inception in 2016 to mid-May, the ACJC tried 223 defendants in 57 cases before its trial chamber and 173 defendants in 52 cases before its appellate chamber. Of its cases against 117 accused, 36 were decided after appeal to the Supreme Court, the report stated. It also issued 127 warrants and summonses of which only 13 warrants and 39 summonses could be executed to date, with only a single defendant tried as a result. According to UNAMA, the number of defendants tried in their absence before the ACJC remained high at 20 percent. The number of cases has declined since 2017, and the rank of the accused generally dropped, although the amounts ordered by the court in compensation, restitution, and confiscation marginally increased.

A series of violent attacks by insurgents against Afghan judges, prosecutors, and prison officials during the year made members of the judicial sector increasingly fearful in carrying out their duties. According to Afghan government and media reports, since 2015 an estimated 300 judges, prosecutors, prison personnel, and other justice workers were killed, injured, or abducted. During the year at least 29 were targeted: three judges, one court clerk, three prosecutors, and 14 prison officials were killed; three prosecutors and two prison officials were injured; and three prisons officials were taken hostage. Justice professionals came under threat or attack for pursuing certain cases–particularly corruption or abuse-of-power cases–against politically or economically powerful individuals.

According to various reports, many government positions, including district or provincial governorships, ambassadors, and deputy ministers could be suborned. Government officials with reported involvement in corruption, the drug trade, or records of human rights abuses reportedly continued to receive executive appointments and served with relative impunity. Former minister of communication and information technology, Abdul Razaaq Wahidi, was accused of corruption in the form of embezzling revenue from a mobile phone tax. Although convicted by a lower court, in July an appeals court acquitted Wahidi.

There were allegations of widespread corruption, and abuse of power by officers at the Ministry of Interior. Provincial police reportedly extorted civilians at checkpoints and received kickbacks from the drug trade. Police reportedly demanded bribes from civilians to gain release from prison or avoid arrest. Senior Ministry of Interior officials also refused to sign the execution of arrest warrants. In one case Ministry of Interior officers served as the protective detail of warrant-target Major General Zamari Paikan and drove him in a Ministry of Interior armored vehicle. The Ministry of Defense also provided protection to Paikan. The ACJC convicted General Paikan in absentia for corruption in 2017 and sentenced him to 8.5 years’ imprisonment, but the Ministry of Interior had yet to arrest him by year’s end.

On August 15, former Kabul Bank chief executive Khalilullah Ferozi was released to house arrest reportedly for health reasons. Presidential candidate and former NDS head Rahmatullah Nabil alleged that the release came after a $30 million donation to President Ghani’s re-election campaign. Following the bank’s collapse in 2010, Ferozi was convicted in 2013 and ordered, along with bank founder Sherkhan Farnood, to repay more than $800 million in embezzled funds. Ferozi’s release came with less than a year left in his sentence. Farnood died in prison in 2018.

Financial Disclosure: A 2017 legislative decree established the Administration on Registration and Assets of Government Officials and Employees (Registration Administration) under the administrative office of the president. All government officials, employees, and elected officials are required to declare their assets. The Registration Administration was responsible for collecting, verifying, and publishing information from high-ranking government officials. Under the law all government officials and employees must submit financial disclosures on all sources and levels of personal income for themselves and their immediate family annually and when they assume or leave office. Individuals who do not submit forms or are late in submission are subject to suspension of employment, salary, and travel bans. The AGO imposed travel bans on individuals who did not submit their forms; however, the bans were not regularly enforced, especially for high-level officials. For instance, although the website of the Administrative Office of the Palace showed several high-ranking government officials failed to register their assets, it was public knowledge they frequently travelled internationally. Employment and salary bans were not imposed.

As of April the Registration Administration successfully registered assets of nearly 17,000 government employees. Verification of assets continued to be slow and problematic for the administration due to lack of organized systems in some government offices. Public outreach by the Registration Administration allowed civil society and private citizen the opportunity to comment on individual declarations. As of April, 141 members of the lower house of parliament declared their assets and 68 members of the upper house of parliament registered their assets.

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

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views. Human rights activists continued to express concern that human rights abusers remained in positions of power within the government.

The penal code incorporates crimes against humanity provisions from the Rome Statute.

Government Human Rights Bodies: The constitutionally mandated AIHRC continued to address human rights problems, but it received minimal government funding and relied almost exclusively on international donor funds. The independence of the institution was called into question following the abrupt replacement of all nine commissioners on July 17, immediately prior to the July 28 start of the presidential campaign and after the presidential palace rejected a list of 27 candidates submitted by the AIHRC Appointment Committee nine months prior. UNAMA released a statement calling for a “truly independent national human rights institution.” Three Wolesi Jirga committees deal with human rights: the Gender, Civil Society, and Human Rights Committee; the Counternarcotic, Intoxicating Items, and Ethical Abuse Committee; and the Judicial, Administrative Reform, and Anticorruption Committee. In the Meshrano Jirga, the Committee for Gender and Civil Society addresses human rights concerns.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to join and form independent unions and to conduct legal strikes and bargain collectively, and the government generally respected these rights, although it lacked enforcement tools. The law, however, provides no definition of a union or its relationship with employers and members, nor does it establish a legal method for union registration or penalties for violations. The law does not prohibit antiunion discrimination or provide for reinstatement of workers fired for union activity. Other than protecting the right to participate in a union, the law provides no other legal protection for union workers or workers seeking to unionize.

Although the law identifies the Ministry of Labor and Social Affairs Labor High Council as the highest decision-making body on labor-related issues, the lack of implementing regulations prevented the council from performing its function. There was an inspection office within the ministry, but inspectors could only advise and make suggestions. As a result the application of labor law remained limited because of a lack of central enforcement authority, implementing regulations that describe procedures and penalties for violations, funding, personnel, and political will.

The government allowed several unions to operate, but it interfered with the National Union of Afghanistan Workers and Employees. The government issued a decree in 2016 mandating the nationalization of property belonging to several trade unions. Freedom of association and the right to bargain collectively were sometimes respected, but most workers were not aware of these rights. This was particularly true of workers in rural areas or the agricultural sector, who had not formed unions. In urban areas the majority of workers participated in the informal sector as day laborers in construction, where there were neither unions nor collective bargaining.

b. Prohibition of Forced or Compulsory Labor

The law does not sufficiently criminalize forced labor and debt bondage. Men, women, and children are exploited in bonded labor, where an initial debt assumed by a worker as part of the terms of employment is exploited, ultimately entrapping other family members, sometimes for multiple generations. This type of debt bondage is common in the brickworks industry. Some families knowingly sold their children into sex trafficking, including for bacha bazi (see section 7.c.).

Government enforcement of the law was ineffective; resources, inspections, and remediation were inadequate; and the government made minimal efforts to prevent and eliminate forced labor. Penalties were insufficient to deter violations.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The labor law sets the minimum age for employment at 15 years but permits 14-year-olds to work as apprentices, allows children 15 years old and older to do light nonhazardous work, and permits 15- through 17-year-old children to work up to 35 hours per week. The law prohibits children younger than 14 years from working under any circumstances; that law was openly flouted, with poverty driving many children into the workforce. The law also bans the employment of children in hazardous work that is likely to threaten their health or cause disability, including mining and garbage collection; work in blast furnaces, waste-processing plants, and large slaughterhouses; work with hospital waste; drug-related work; security-guard services; and work related to war.

Poor institutional capacity was a serious impediment to effective enforcement of the labor law. Labor inspectors do not have legal authority to inspect worksites for compliance with child labor laws or impose penalties for non-compliance. Other deficiencies included the lack of penalty assessment authorization for labor inspectors, inadequate resources, labor inspector staffing, inspections, remediation, and penalties for violations.

Child labor remained a pervasive problem. Child laborers worked as domestic servants, street vendors, peddlers, and shopkeepers. There was child labor in the carpet industry, brick kilns, coalmines, and poppy fields. Children were also heavily engaged in the worst forms of child labor in mining, including mining salt; commercial sexual exploitation including bacha bazi (see section 6, Children); transnational drug smuggling; and organized begging rings. Some forms of child labor exposed children to land mines. Children faced numerous health and safety risks at work. There were reports of recruitment of children by the ANDSF during the year. Taliban forces pressed children to take part in hostile acts (see section 6, Children).

Also, see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings , and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination and notes that citizens, both “man and woman,” have equal rights and duties before the law. It expressly prohibits discrimination based on language. The constitution contains no specific provisions addressing discrimination based on race, religion, national origin, color, sex, ethnicity, disability, or age. The penal code prescribes a term of imprisonment of not more than two years for anyone convicted of spreading discrimination or factionalism.

Women continued to face discrimination and hardship in the workplace. Women made up only 7 percent of the workforce. Many women faced pressure from relatives to stay at home and encountered hiring practices that favored men. Older and married women reported it was more difficult for them than for younger, single women to find jobs. Women who worked reported they encountered insults, sexual harassment, lack of transportation, and an absence of day care facilities. Salary discrimination existed in the private sector. Female journalists, social workers, and police officers reported they were often threatened or abused. Persons with disabilities also suffered from discrimination in hiring.

Ethnic Hazaras, Sikhs, and Hindus faced discrimination in hiring and work assignments, in addition to broader social discrimination (see section 6, National/Racial/Ethnic Minorities).

e. Acceptable Conditions of Work

The minimum wage rates for workers in the nonpermanent private sector and for government workers were below the poverty line.

The law defines the standard workweek for both public- and private-sector employees as 40 hours: eight hours per day with one hour for lunch and noon prayers. The labor law makes no mention of day workers in the informal sector, leaving them completely unprotected. There are no occupational health and safety regulations or officially adopted standards. The law, however, provides for reduced standard workweeks for children ages 15 to 17, pregnant women, nursing mothers, and miners and workers in other occupations that present health risks. The law provides workers with the right to receive wages, annual vacation time in addition to national holidays, compensation for on-the-job injuries, overtime pay, health insurance for the employee and immediate family members, and other incidental allowances. The law prohibits compulsory work without establishing penalties and stipulates that overtime work be subject to the agreement of the employee. The law also requires employers to provide day care and nurseries for children.

The government did not effectively enforce these laws. Inspectors had no legal authority to enter premises or impose penalties for violations. Resources, inspections, remediation, and penalties for violations were inadequate and insufficient to deter violations.

Employers often chose not to comply with the law or preferred to hire workers informally. Most employees worked longer than 40 hours per week, were frequently underpaid, and worked in poor conditions, particularly in the informal sector. Workers were generally unaware of the full extent of their labor rights under the law. Although comprehensive data on workplace accidents were unavailable, there were several reports of poor and dangerous working conditions. Some industries, such as brick kiln facilities, continued to use debt bondage, making it difficult for workers to remove themselves from situations of forced labor that endangered their health or safety.

Albania

Executive Summary

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

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

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

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

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government usually respected these rights, although defamation is a criminal offense. There were reports that the government, business, and criminal groups sought to influence the media in inappropriate ways.

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

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

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

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

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

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

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

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

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

f. Protection of Refugees

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

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

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

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

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

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

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

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

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

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

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

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

b. Prohibition of Forced or Compulsory Labor

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

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

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

c. Prohibition of Child Labor and Minimum Age for Employment

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

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

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

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

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

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

d. Discrimination with Respect to Employment and Occupation

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

e. Acceptable Conditions of Work

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

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

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

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

Andorra

Executive Summary

The Principality of Andorra is a constitutional, parliamentary democracy. Two co-princes–the president of France and the Spanish bishop of Urgell–serve with joint authority as heads of state. On April 7, the country held free and fair multiparty elections for the 28 seats in parliament (the General Council of the Valleys), which selects the head of government. Having won a majority in parliament, the Democrats for Andorra (DA) formed a coalition with Liberals of Andorra (L’A) and Committed Citizens (CCs), and elected Xavier Espot Zamora from DA head of government.

The country’s only security forces are the police, prison officers, traffic police, and forestry officials. The national police maintained internal and external security. The Ministry of Justice and Interior maintained effective civilian control over the security forces.

There were no reports of significant human rights abuses.

The government took steps to identify, investigate, and prosecute officials who committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

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, preferring to deal with them on an ad hoc basis. There is a lack of domestic legislation on asylum seekers and refugees and, in particular, on measures to protect unaccompanied and refugee children. The law provides for the entry, stay, and right to work for asylum seekers for a two-year period, renewable for six additional months. The law also provides for housing, as well as access to social services, health care, and education. In May 2018 the government signed an agreement with the Community of Sant’Egidio to establish a humanitarian corridor from French and Spanish airports for refugees to enter the country.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively. Officials infrequently engaged in corrupt practices with impunity.

Financial Disclosure: The constitution and the law do not require disclosure of income or assets by elected or appointed officials, except for the declaration of earned income to the Andorran Social Security Fund required of all employees. The government did not publish the declarations.

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

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

Government Human Rights Bodies: The ombudsman’s main function is to defend and oversee the fulfillment and application of the rights and liberties included in the constitution and to ensure the public sector adheres to constitutional principles. The Ombudsman’s Office also covers all cases of discrimination in the private sector as well as in the protection of the rights of minors and persons with disabilities. The ombudsman is independent from other institutions and provides its functions free of charge to interested persons. He enjoyed the government’s cooperation and operated without government interference. The ombudsman had adequate resources, published an annual report to parliament with recommendations, and was considered effective.

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

On February 15, parliament approved the first-ever Equality and Nondiscrimination Law, which provides for the right to equal treatment and nondiscrimination, and strengthens effective protection through the establishment of judicial, administrative, and institutional guarantees, which provide protection and reparation for victims of discrimination. The law also provides for a sanctioning regime. The Department of Equality Policies designed programs and activities to start implementing the law.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

On February 1, a labor law providing for a new legal framework came into effect. The constitution and law provide for workers to form and join independent trade unions. Parliament also approved laws regulating the relations between trade unions and employer associations as well as mechanisms of collective conflict. The law provides for the rights to bargain collectively and to strike. Alternate dispute resolution mechanisms such as mediation and arbitration exist. The law neither prohibits antiunion discrimination nor requires the reinstatement of workers fired for union activity.

While the government effectively enforced the law, the county’s main union Unio Sindical d’Andorra (USDA) criticized the new law for allegedly not effectively protecting workers.

The government and employers respected freedom of association. Collective bargaining did not occur during the year. There were no official reports of or investigations into any antiunion discrimination. Workers continued to be reluctant to admit to union membership due to fear of retaliation by their employers and arbitrary dismissal.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor.

The government effectively enforced applicable laws. Penalties were sufficient to deter violations.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits children younger than age 14 from working and all of the worst forms of child labor. Children ages 14 or 15 may work up to two months per year during school holidays following strict regulations contained in the law. The law limits work by children who are ages 14 or 15 to no more than six hours per day, limits work by children ages 16 or 17 to eight hours per day, provides for safety restrictions, restricts the types of work children may perform, and outlines other conditions. According to the law, children may not work overtime, work overnight, or work in dangerous occupations, especially in the construction sector. The law provides for protection of children from exploitation in the workplace. Penalties are sufficient to deter violations. The government effectively enforced the law.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation and the government effectively enforced the law. Some cases of discrimination against persons with disabilities, persons based on sexual orientation, and women occurred with respect to employment or occupation. Discrimination against persons with disabilities existed in the form of social and cultural barriers, as well as disadvantages in the labor market. The Department for Social Affairs and Labor’s four-year strategic plan (2016-19) favors the hiring of persons with disabilities. The plan established the Network of Inclusive Businesses that hired 25 persons with disabilities. Companies received fiscal and social incentives for participating.

Women represented 49 percent of the workforce. The law does not require equal pay for equal work. Although no cases were filed during the year, the ADA and trade union representatives from the USDA reported cases of gender discrimination, especially relating to unequal salaries for the same work and workplace bullying. Victims were reluctant to file a complaint due to fear of reprisal from employers. The Andorran Social Security Fund and the Department of Statistics estimated that women earned on average 21-percent less than men for comparable work. In the financial sector, this percentage increased to 38 percent. The government made an effort to combat pay discrimination in general, and it applied pay equality within the government.

e. Acceptable Conditions of Work

The national minimum wage was not sufficient to provide a decent standard of living for a worker and family. The national ombudsman reported that the minimum wage was not enough to make housing affordable. The government generally enforced minimum wage laws, and penalties were sufficient to deter violations.

Workers may work up to two overtime hours per day or 15 hours per week, 50 hours per month, and 426 hours per year.

The responsibility for identifying unsafe situations remains with occupational safety and health experts and not the worker.

The law covers agricultural, domestic, and migrant workers. The Labor Inspection Office has the authority to levy sanctions and fines against companies violating standards and enforced compliance. The Office had sufficient resources to enforce compliance. Penalties were sufficient to deter violations. As of the end of August, the Labor Inspection Office had received 55 complaints.

Antigua and Barbuda

Executive Summary

Antigua and Barbuda is a multiparty parliamentary democracy. Queen Elizabeth II is the head of state. The governor general is the queen’s representative in country and certifies all legislation on her behalf. The ruling Antigua and Barbuda Labour Party won a majority of seats in March 2018 parliamentary elections. In their initial report, election monitors stated there were problems with the electoral process but concluded that the results “reflected the will of the people.” As of November their final report had not been released.

Security forces consist of a police force; a prison guard service; immigration, airport, and port security personnel; the Antigua and Barbuda Defence Force; and the Office of National Drug Control and Money Laundering Policy. Police fall under the supervision of the attorney general, who is also the minister of justice, legal affairs, public safety, and labor. Immigration falls under the minister of foreign affairs, international trade, and immigration. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included serious corruption and laws against consensual male same-sex sexual activity, although the laws against same-sex sexual activity were not strictly enforced.

The government took steps to prosecute and punish those who committed human rights abuses. There were no reports of impunity involving the security forces during the year.

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, but the government respected this right on a somewhat limited basis.

Press and Media, Including Online Media: Privately owned print media, including daily and weekly newspapers, were active. There were claims, however, that the government was hostile to opposition and independent media and did not provide them equal access to government officials. Senior government officials routinely refused to grant interviews to media outlets critical of the ruling Labour Party.

Libel/Slander Laws: In contrast with 2018, there were no reports of new libel cases.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

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 handles asylum requests on an ad hoc basis.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Media reported several allegations of corruption against officials during the year. A culture of impunity for acts of official financial corruption existed at all levels of the government.

Corruption: Media and private citizens reported government corruption was widespread and endorsed at the highest levels of government. On a radio program in March, Prime Minister Gaston Browne explained how Antiguan politicians manipulated government contracts to include a “platform for theft,” stating ministers could “walk away with five million dollars, no questions asked.” In the same interview, Browne said he had no problem with politicians who “enrich themselves creatively.” Although the government took steps to improve public financial management and transparency, citizens continued to express concern about oversight and use of funds raised by the Citizenship by Investment program. Of particular concern was the ability of international criminals and fugitives to acquire citizenship through the investment program to avoid prosecution and accountability.

Financial Disclosure: The law requires elected public officials to disclose in a confidential report to the Integrity Commission all income, assets, and personal gifts received in the course of the performance of their public functions. The commission has the power to investigate public officials without a formal complaint being lodged, but the commission lacked adequate staff for investigations. The commissioner made a formal request to the government for additional resources.

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

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

Government Human Rights Bodies: There is an ombudsman, who is an independent authority appointed by parliament to handle complaints made by the public against police, government officials, and government offices. The ombudsman takes complaints, conducts investigations, and then makes recommendations to the relevant authorities.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of public- and private-sector workers to form and join independent unions. The law also provides for the right to bargain collectively and conduct legal strikes, but it imposes several restrictions on the right to strike. The law prohibits antiunion discrimination by employers, but it does not specifically require reinstatement of workers illegally fired for union activity.

Freedom of association and the right to collective bargaining were generally respected. There were no reports of antiunion discrimination, nor were there any reports of violations of collective bargaining rights.

Workers who provide essential services (including water, electricity, hospital, fire, prison, air traffic control, meteorology, telecommunications, government printing office, and port authority) must give two weeks’ notice of intent to strike. The International Labor Organization considered the country’s list of essential services to be overly broad by international standards, highlighting the inclusion of the government printing office and port authority. There were no strikes within the essential-services sector, but postal workers and some workers at a psychiatric hospital went on strike during the year. Protests were peaceful.

If either party to a dispute requests court mediation, strikes are prohibited under penalty of imprisonment for any private-sector worker and some government workers. The Industrial Relations Court may issue an injunction against a legal strike when the national interest is threatened or affected. The law prohibits retaliation against strikers.

Penalties for violating labor laws range from a minor fine to two months in prison and were adequate to deter violations. Government enforced the right of association and collective bargaining. Administrative and judicial procedures, however, were often subject to lengthy delays and appeals.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. While the government enforced the law, it did not fully implement standard operating procedures on proactive identification and referral of forced labor victims. The labor code allows the labor inspectorate authority to enter residences to investigate allegations of forced or compulsory labor. Forced child labor occurred in domestic service and the retail sector.

The Office of National Drug and Money Laundering Control Policy investigates cases of trafficking in persons, including forced labor allegations. The law prescribes penalties of 20 to 30 years’ imprisonment with fines not to exceed $400,000 XCD ($148,000). These penalties were sufficiently stringent to deter violations.

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

c. Prohibition of Child Labor and Minimum Age for Employment

Laws contain definitions that collectively constitute the worst forms of child labor, but specific details are not in any single statute. The government enforced child labor laws effectively, and there were no reports of child labor law violations during the year.

The law stipulates a minimum working age of 16 years although work prohibitions do not apply to family businesses. In some circumstances children younger than 16 are eligible for employment with restrictions, such as working only during nonschool hours and working only a certain number of hours. Persons younger than 18 may not work past 10 p.m., except in certain sectors, and in some cases must have a medical clearance to obtain employment. No list of hazardous work exists for the protection of those younger than 18.

The law requires the Ministry of Labour to conduct periodic inspections of workplaces, and the ministry effectively enforced the law. The law allows for a small financial penalty or three months in prison for violations, which were adequate to deter violations. The Labour Commissioner’s Office has an inspectorate that investigates child labor in the formal and informal sectors.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation regarding race, color, sex, age, national origin, citizenship, political beliefs, and disability. In general the government effectively enforced the law and regulations. Penalties include a fine and up to 12 months in prison, which were adequate to deter violations. The Ministry of Labour did not receive any discrimination complaints during the year.

The law does not prohibit employment discrimination based on religion, language, sexual orientation, gender identity, HIV-positive status or other communicable diseases, or social status, but the government encouraged employers not to discriminate on these grounds. Female migrant workers, who worked mainly in hospitality and industry, reported discrimination. There were also anecdotal reports of employment discrimination against employees with HIV/AIDS (see section 6, HIV and AIDS Social Stigma).

e. Acceptable Conditions of Work

The government does not have an established poverty level. Most workers earned substantially more than the minimum wage.

The law provides that workers are not required to work more than a 48-hour, six-day workweek. The law requires that employees be paid for overtime work at one and one-half times the employees’ basic wage per hour after exceeding 40 hours in the workweek. The Ministry of Labour put few limitations on overtime, allowing it in temporary or occasional cases, but did not allow employers to make regular overtime compulsory.

The law includes occupational safety and health provisions, but the government has not developed occupational safety and health regulations apart from those regarding child labor. The law does not specifically provide that workers can remove themselves from situations that endanger health or safety without jeopardy to their employment. It does, however, give the ministry the authority to require special safety measures, not otherwise defined in the law, for worker safety.

Labor inspectors from the Ministry of Labour and the Industrial Court are responsible for enforcement in the formal and informal sectors. The number of labor inspectors was not sufficient to enforce compliance. The government enforced labor laws, including levying remedies and penalties of up to $5,000 XCD ($1,850) for nonpayment of work. Penalties for illegal overtime did not always effectively deter labor violations.

Labor inspectors reported they conducted periodic health and safety checks, as well as inspections of working conditions and work permit violations. Workers in construction, mechanics, and agriculture were particularly vulnerable to hazardous working conditions and accidents, especially when working with heavy machinery.

Australia

Executive Summary

Australia is a constitutional democracy with a freely elected federal parliamentary government. In a free and fair federal parliamentary election in May, the Liberal Party and National Party coalition was re-elected with a majority of 77 seats in the 151-seat House of Representatives. The House subsequently reconfirmed Scott Morrison as prime minister.

The Australian Federal Police (AFP), an independent agency of the Department of Home Affairs, and state and territorial police forces are responsible for internal security. The AFP enforces national laws and state and territorial police forces enforce state and territorial laws. The Department of Home Affairs and the Australian Border Force are responsible for migration and border enforcement. Civilian authorities maintained effective control over the security forces.

There were no reports of significant human rights abuses.

The government took steps to prosecute officials accused of abuses, and ombudsmen, human rights bodies, and internal government mechanisms responded effectively to complaints.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Although the constitution does not explicitly provide for freedom of speech or press, the High Court has held that the constitution implies a limited right to freedom of political expression, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Libel/Slander Laws: Journalists expressed concern that strict defamation laws have had a “chilling effect” on investigative journalism and freedom of the press. In February businessman and political donor Chau Chak Wing won a defamation case against a media organization that linked him to a bribery case implicating a former president of the UN General Assembly. A member of parliament, Andrew Hastie, criticized the verdict, saying, “Generally speaking, we are concerned about the impact that defamation laws in Australia are having on responsible journalism that informs Australians about important national security issues.”

National Security: In June the AFP raided ABC’s headquarters and the home of a News Corp journalist as part of an investigation into the alleged publishing of classified national security information. The media union denounced the raids as an attempt to “intimidate” journalists; an Essential Poll found that three-quarters of citizens were concerned about press freedom in the aftermath of the raids. The country’s three largest media organizations–ABC, News Corp, and Nine Entertainment–jointly called for more legal protections for journalists and whistleblowers. In July the parliamentary Joint Committee on Intelligence and Security opened an inquiry into the impact of law enforcement and intelligence powers on the freedom of the press. Media companies challenged the constitutionality of the AFP’s warrants in court.

b. Freedoms of Peaceful Assembly and Association

Although the freedoms of peaceful assembly and association are not codified in law, the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Domestic and international organizations expressed serious concern about credible allegations of abuse of migrants in the detention center on Nauru and from the former detention center at Manus Island in Papua New Guinea. Abuses included inadequate mental health and other medical services, instances of assault, sexual abuse, suicide, self-harm, suspicious deaths, and harsh conditions. The government claimed to continue to provide necessary services to refugees.

In March parliament passed medevac legislation giving medical experts the authority to authorize refugees and asylum seekers from the former Manus Island detention center or Nauru to travel to Australia to receive medical treatment. According to media reports, 179 persons had transferred to the country for health reasons under this legislation as of December.

In December parliament repealed the medevac legislation, a step human rights advocates denounced. The repeal of the law restores the full discretion of federal ministers to accept or reject medical transfers to the country. The UN High Commissioner for Refugees (UNHCR) released a statement saying that it was “disappointed by the repeal” and expressing concern that it “may negatively impact vital care for asylum seekers in offshore processing facilities.”

Refoulement: UNHCR noted that immigration authorities in the country and offshore detention centers forcibly deported refugees and asylum seekers. The government refused to allow these families to be reunited in the country. UNHCR is aware of several cases where family members are held on offshore processing facilities, while spouses undergoing medical treatment reside in the country.

Access to Asylum: The law provides for granting asylum or refugee status. The government maintains a humanitarian refugee program that includes several types of visas available to refugees for resettlement in the country. UNHCR identifies and refers the majority of applicants considered under the program.

The law authorizes the immigration minister to designate a country as a regional offshore processing center. Parliament must be notified and then has five days to reject the proposed designation. Asylum seekers transferred to third countries for regional processing have their asylum claims assessed by the country in which the claim is processed. Agreements were in effect with Nauru (2013) and Cambodia (2014), although the latter has been little used.

In May authorities intercepted a boat with 20 Sri Lankans trying to reach the country to claim asylum. The Sri Lankans were taken to Christmas Island, a small Australian island approximately 300 miles south of Jakarta. They were held there for a few days while their asylum claims were adjudicated. After the claims were denied, the 20 were flown back to Sri Lanka with the cooperation of the Sri Lankan government. The incident was the first use of Christmas Island for detention of asylum seekers in five years. Authorities also occasionally forced intercepted boats carrying smuggled persons back into the territorial waters of their country of embarkation when safe to do so.

By law the government must facilitate access to legal representation for persons in immigration detention in the country. Access to government-funded legal assistance is available only to those who arrived through authorized channels.

In June 2018 the immigration minister stated no refugee in Papua New Guinea or Nauru, including persons with close family ties, would be resettled in the country. The government sought to enforce this policy, although UNHCR representatives accused the government of breaking a previous promise to accept refugees with close family ties. Moreover, the long-term status of persons evacuated to the country for medical treatment pursuant to the March parliamentary action remained uncertain as of November.

Durable Solutions: The government accepted refugees for resettlement from third countries and funded refugee resettlement services. The Humanitarian Settlement Services program provided case-specific assistance that included finding accommodation, employment programs, language training, registering for income support and health care, and connecting with community and recreational programs.

Temporary Protection: The law permits two temporary protection options for individuals who arrived in the country and were not taken to regional processing centers in third countries. The temporary protection visa (TPV) is valid for three years, and visa holders are able to work, study, and reside anywhere in the country with access to support services. Once expired, TPV holders are eligible to reapply for another TPV. The Safe Haven Enterprise Visa (SHEV) is valid for five years and is granted on the basis that visa holders intend to work or study in nonmetropolitan areas. SHEV holders are eligible to apply for certain permanent or temporary visas after 42 months.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to change their government through free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Voting is mandatory.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively.

Corruption: All states have anticorruption bodies that investigate alleged government corruption, and every state and territory appoints an ombudsman who investigates and makes recommendations in response to complaints about government decisions. The government also appoints one commonwealth (federal) ombudsman as laws differ between states, and one process or policy cannot always be used across jurisdictions.

The Australian Capital Territory established its anticorruption commission in July.

The law requires persons and entities who have certain arrangements with, or undertake certain activities on behalf of foreign principals to register with the government.

Financial Disclosure: The law requires all federal, state, and territory elected officials to report their financial interests. Failure to do so could result in a finding of contempt of parliament and a possible fine or jail sentence. Federal officeholders must report their financial interests to a register of pecuniary interests, and the report must be made public within 28 days of the individual’s assumption of office. The law prohibits foreign campaign contributions.

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

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

Government Human Rights Bodies: The Human Rights Commission (HRC), an independent organization established by parliament, investigates complaints of discrimination or breaches of human rights under the federal laws that implement the country’s human rights treaty obligations. The HRC reports to parliament through the attorney general. Media and nongovernmental organizations deemed its reports accurate and reported them widely. Parliament has a Joint Committee on Human Rights, and federal law requires that a statement of compatibility with international human rights obligations accompany each new bill.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join unions and associate freely domestically and internationally, to bargain collectively and to conduct legal strikes. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity.

The law requires that employers act in “good faith” when a majority of employees want a collective agreement, although it places some restrictions on the scope of collective bargaining. Prohibited terms include requiring payment of a bargaining services fee, enabling an employee or employer to “opt out” of coverage of the agreement, and anything that breaches the law. Furthermore, the law prohibits multienterprise agreements or “pattern bargaining,” although low-paid workers can apply for a “low-paid bargaining stream” to conduct multienterprise bargaining.

When deciding whether to grant a low-paid authorization, the Fair Work Commission (FWC) looks at factors including the terms and conditions of employment, the bargaining strength of employees, and whether employers and employees are bargaining for the first time. A bargaining agent may represent either side in the process. The law designates collective agreements as being between employers and employees directly; trade unions are the default representatives of their members but, with some exceptions, are not official parties to collective agreements.

The law restricts strikes to the period when unions are negotiating a new enterprise agreement and specifies that strikes must concern matters under negotiation, known as “protected action.” Protected action provides employers, employees, and unions with legal immunity from claims of losses incurred by industrial action. Industrial action must be authorized by a secret ballot of employees; unions continued to raise concerns this requirement was unduly time consuming and expensive to implement. The law subjects strikers to penalties for taking industrial action during the life of an agreement and prohibits sympathy strikes. The law permits the government to stop strikes judged to have caused “significant economic harm” to the employer or third parties. Some jurisdictions have further restrictions. For example, in New South Wales the state government may cancel a union’s registration if the government makes a proclamation or calls a state of emergency concerning an essential service and the “industrial organization whose members are engaged in providing the essential service has, by its executive, members, or otherwise, engaged in activities which are contrary to the public interest.”

The government effectively enforced applicable laws. Penalties for violations of freedom of association and collective bargaining protections for individuals and for corporations were generally sufficient to deter violations. The FWC is the national independent industrial relations management institution. Its functions include facilitating dispute resolution; if dispute resolution is unsuccessful, the parties may elect the FWC to arbitrate the dispute, or the applicant may pursue a ruling by a federal court.

Unions reported concerns that the scope of collective bargaining had been narrowed in recent years, including through decisions by the FWC, which also affected the right to strike.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including by migrant workers. Penalties were sufficient to deter violations. As of January 1, companies of a certain size must file annual statements identifying risks for modern slavery in their supply chains and efforts to address those risks. The first statements are due by mid-2020.

The government effectively enforced applicable labor laws and convicted four defendants in one case involving forced labor. In one case, in April a court convicted a couple of bringing a Fijian woman to the country, withholding her passport, and forcing her to work as a maid in their Brisbane home between 2008 and 2016. Most forced labor cases were addressed through civil law.

Some foreign nationals who came to the country for temporary work were subjected to forced labor in sectors such as agriculture, cleaning, construction, hospitality, and domestic service. There were reports some domestic workers employed by foreign diplomats faced conditions indicative of forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

Not all of the worst forms of child labor are prohibited. As noted by the International Labor Organization, the use, procuring or offering of a child age 16 and 17 for the production of pornography or pornographic performances is not prohibited in New South Wales. In Queensland it remains unclear whether children ages 16 and 17 can be used, procured, or offered for the production of pornography or pornographic performances. There is no law prohibiting the use, procuring, or offering of a child younger than age 18 for illicit activities, in particular for the production and trafficking of drugs, in the Northern Territory.

There is no federally mandated minimum age of employment. State minimums vary from no minimum age to age 15. With the exception of the states of Victoria and Queensland, and the Norfolk Island territory, states and territories have established 18 years as the minimum age for hazardous work.

There are laws and regulations pertaining to hazardous work across sectors. For example, under the law in Western Australia, an underground worker may not be younger than age 18 unless he or she is an apprentice or a cadet working underground to gain required experience; a person handling, charging, or firing explosives may not be younger than age 18; and a person may not be younger than age 21 to obtain a winding engine driver’s certificate.

Federal, state, and territorial governments effectively monitored and enforced the laws. Penalties for violations of related laws included fines and were sufficient to deter violations.

The Office of the Fair Work Ombudsman (FWO) actively sought to educate young workers about their rights and responsibilities. Compulsory educational requirements effectively prevented most children from joining the workforce full-time until they were age 17. Although some violations of these laws occurred, there was no indication of a child labor problem in any specific sector. There were some reports of commercial sexual exploitation of children (see section 6, Children).

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings  for information on the territories of Christmas Island, Cocos (Keeling) Island, and Norfolk Island.

d. Discrimination with Respect to Employment and Occupation

Federal, state, and territory laws provide for protections against employment discrimination. The HRC reviews complaints of discrimination on the ground of HIV/AIDS status under the category of disability-related complaints.

The law requires organizations with 100 or more employees to establish a workplace program to remove barriers to women entering and advancing in their organization. The law requires equal pay for equal work. The government continued efforts to encourage persons under the Disability Support Pension (DSP) program to enter the workforce when they have the capacity to do so, including by requiring compulsory workforce activities for DSP recipients younger than age 35 who can work for more than eight hours per week.

The government enforced laws prohibiting employment discrimination; however, employment discrimination against women, indigenous persons, and persons with disabilities occurred. According to the government’s Workplace Gender Equality Agency, the full-time gender pay gap was 15.3 percent. The International Labor Organization noted its concern that, despite several government initiatives, indigenous peoples continued to be disadvantaged and that employment targets were not met.

Persons with disabilities also faced employment discrimination. In 2017-18, the latest year for which such data were available, approximately 30 percent of the complaints about disability discrimination received by the HRC were in the area of employment and 36 percent in the area of goods, services, and facilities.

e. Acceptable Conditions of Work

For a single adult living alone, the minimum wage exceeded the poverty line defined as 50 percent of median income.

By law maximum weekly hours are 38 plus “reasonable” additional hours, which, by law, must take into account factors such as an employee’s health, family responsibilities, ability to claim overtime, pattern of hours in the industry, and amount of notice given. An employee may refuse to work overtime if the request is “unreasonable.”

Federal or state occupational health and safety laws apply to every workplace, including in the informal economy. By law both employers and workers are responsible for identifying health and safety hazards in the workplace. Workers can remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. The law includes an antibullying provision. The law also enables workers who are pregnant to transfer to a safe job regardless of their time in employment.

The government effectively enforced laws related to minimum wage, hours of work, and occupational safety and health. The FWO provides employers and employees advice on their rights and has authority to investigate employers alleged to have exploited employees unlawfully. The ombudsperson also has authority to prosecute employers who do not meet their obligations to workers. FWO inspectors may enter work sites if they reasonably believe it is necessary to ensure compliance with the law. The number of FWO inspectors was sufficient to enforce compliance. Inspectors can order employers to compensate employees and sometimes assess fines. Penalties were generally sufficient to deter violations, but there were some reports violations continued in sectors employing primarily migrant workers.

Workers exercised their right to a safe workplace and had recourse to state health and safety commissions, which investigate complaints and order remedial action. Each state and territory effectively enforced its occupational health and safety laws through dedicated bodies that have powers to obtain and initiate prosecutions, and unions used right-of-entry permits to investigate concerns.

Most workers received higher compensation than the minimum wage through enterprise agreements or individual contracts. Temporary workers include both part-time and casual employees. Part-time employees have set hours and the same entitlements as full-time employees. Casual employees are employed on a daily or hourly wage basis. They do not receive paid annual or sick leave, but the law mandates they receive additional pay to compensate for this, which employers generally respected. Migrant worker visas require that employers respect employer contributions to retirement funds and provide bonds to cover health insurance, worker’s compensation insurance, unemployment insurance, and other benefits.

There continued to be reports of employers exploiting immigrant and foreign workers (also see section 7.b.). As part of the FWO’s Harvest Trail inquiry into the exploitation of overseas workers in the agricultural sector, the FWO continued to operate a system for migrant workers to report workplace issues anonymously in 16 languages.

There were reports some individuals under “457” employer-sponsored, skilled worker visas received less pay than the market rate and were used as less expensive substitutes for citizen workers. The government improved monitoring of “457” sponsors and information sharing among government agencies, particularly the Australian Tax Office. Employers must undertake “labor market testing” before attempting to sponsor “457” visas. A “417” working holiday visa-holder inquiry recently found the requirement to do 88 days of specified, rural paid work to qualify for a second-year visa enabled some employers to exploit overseas workers.

Safe Work Australia, the government agency responsible to develop and coordinate national workplace health and safety policy, cited a preliminary estimate that, in the year to October, 121 workers died while working. Of these fatalities, 41 were in the transport, postal, and warehousing sectors; 28 in the agriculture, forestry, and fishing sectors; and 17 in construction.

Austria

Executive Summary

The Republic of Austria is a parliamentary democracy with constitutional power shared between a popularly elected president and a bicameral parliament (federal assembly). The multiparty parliament and the coalition government it elects exercise most day-to-day governmental powers. Parliamentary elections in September 2019 and presidential elections in 2016 were considered free and fair.

The federal police maintain internal security and report to the Ministry of the Interior. The army is responsible for external security but also has some domestic security responsibilities and reports to the Defense Ministry. Civilian authorities maintained effective control over the security forces.

There were no reports of significant human rights abuses.

The government investigated public officials for suspected wrongdoing and punished those who committed abuses. The criminal courts are responsible for investigating police violations of the law. There were no reports of impunity involving the security forces during the year.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Expression: The law prohibits incitement, insult, or contempt against a group because of its members’ race, nationality, religion, or ethnicity if the statement violates human dignity, and imposes criminal penalties for violations. The law also prohibits public denial, belittlement, approval, or justification of the Nazi genocide or other Nazi crimes against humanity in print media, broadcast media, the publication of books, and online newspapers or journals and provides criminal penalties for violations. The law also prohibits disparagement of religious teachings in public. The government strictly enforced these laws (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/).

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views.

Libel/Slander Laws: NGOs reported that strict libel and slander laws created conditions that discouraged reporting of governmental abuse. For example, many observers believed the ability and willingness of police to sue for libel or slander discouraged individuals from reporting police abuses.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: Asylum seekers’ freedom of movement was restricted to the district of the reception center assigned by authorities for the duration of their initial application process until the country’s responsibility for examining the application was determined. By law, asylum seekers must be physically present in the centers of first reception for up to 120 hours during the initial application process. Authorities have 20 days in which to determine the country’s responsibility and jurisdiction for the case.

f. Protection of Refugees

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

Safe Country of Origin/Transit: EU regulations provide that asylum seekers who transit an EU country determined to be “safe” on their way to Austria be returned to that country to apply for refugee status. Authorities considered signatories to the 1951 refugee convention and its 1967 protocol to be safe countries of transit. The Federal Administrative Court ruled, however, that deportations to Hungary would have to be examined on an individual basis due to the possibility of human rights abuses there.

Employment: While asylum seekers are legally restricted from seeking regular employment, they are eligible for seasonal work, low-paying community service jobs, or professional training in sectors that require additional apprentices. A work permit is required for seasonal employment but not for professional training. An employer must request the work permit for the prospective employee.

Durable Solutions: There are provisions for integration, resettlement, and returns, which the country was cooperating with the Office of the UN High Commissioner for Refugees and other organizations to improve. The integration section in the Ministry for Foreign Affairs and Integration, together with the Integration Fund and provincial and local integration offices, coordinated measures for integration of refugees.

Temporary Protection: According to the Interior Ministry, in 2018 the government provided temporary protection to approximately 4,190 individuals who might not qualify as refugees but were unable to return to their home countries. According to the Interior Ministry, between January and August, the government provided temporary protection to approximately 1,455 individuals.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Anticorruption laws and regulations extend to civil servants, public officials, governors, members of parliament, and employees or representatives of state-owned companies. The law also criminalizes corrupt practices by citizens outside the country. The penalty for bribery is up to 10 years in prison.

Corruption: The trial of former finance minister Karl-Heinz Grasser and 15 others on embezzlement and corruption charges continued. Grasser and his codefendants were charged in connection with the 2.45 billion euro ($2.7 billion) auction sale of 62,000 state-owned apartments in 2004. Prosecutors alleged that information from the Finance Ministry under Grasser’s leadership helped the eventual auction winner by signaling the size of the bid needed to acquire the properties.

In May the vice chancellor and leader of the Freedom Party resigned after the publication of a 2017 video in which he promised a woman posing as a wealthy Russian that he could manipulate government procurement contracts to her benefit in exchange for her purchasing a major stake in a mass-tabloid newspaper and providing his party with positive media coverage. A special unit with the Vienna Prosecutor’s Office began investigating the case in May.

Financial Disclosure: Public officials are subject to financial disclosure laws; there were no reports that officials failed to comply with disclosure requirements. Politicians must publicly disclose biannually when they earn more than 1,142 euros ($1,260) for certain activities, but they are not required to disclose the amounts they earned. The law does not require public officials to file disclosure reports upon leaving office. There are no sanctions for noncompliance with financial disclosure laws.

In July campaign finance reform legislation went into effect that set new annual limits on campaign donations of 7,500 euros ($8,300) for single donations and a maximum of 750,000 euros ($830,000) in total donations from all sources. The law increases fines for violations to 150 percent of the amount of an illegal donation.

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

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

Government Human Rights Bodies: A human rights ombudsman’s office consisting of three independent commissioners examined complaints against the government. The ombudsman’s office is completely independent and has its own budget; parliament appoints its members. The ombudsman’s office effectively monitored government activities. A parliamentary human rights committee provides oversight.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides the right of workers to form and join independent unions, conduct legal strikes, and bargain collectively. It prohibits antiunion discrimination or retaliation against strikers and provides for the reinstatement of workers fired for union activity. The law allows unions to conduct their activities without interference. The Austrian Trade Union Federation was the exclusive entity representing workers in collective bargaining. Unions were technically independent of government and political parties, although some sectors had unions closely associated with parties.

The government effectively enforced applicable laws that covered all categories of workers. Resources, inspections, and remediation were adequate. Penalties for violations were of civil nature, with fines imposed. Administrative, registration, and judicial procedures were not overly lengthy.

There were few reports of antiunion discrimination or other forms of employer interference in union functions. The government and employers recognized the right to strike and respected freedom of association and the right to collective bargaining. Authorities enforced laws providing for collective bargaining and protecting unions from interference and workers from retaliation for union activities.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, the government effectively enforced the law, and resources, inspections, and remediation were adequate. Labor inspectors and revenue authorities conducted routine site visits to identify forced labor. The government initiated forced labor awareness campaigns and workshops. Depending on the specific offense, penalties ranged from three to 20 years’ imprisonment and were sufficient to deter most violations.

According to antitrafficking NGOs and court documents, some citizens and migrants, both men and women, were subjected to trafficking and forced labor in the agriculture, construction, and restaurant/catering sectors. Some traffickers also subjected Romani children and persons with physical and mental disabilities to trafficking for forced begging.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. The minimum legal working age is 15, with the exception that children who are at least 13 may engage in certain forms of light work on family farms or businesses. Children who are 15 and older are subject to the same regulations on hours, rest periods, overtime wages, and occupational health and safety restrictions as adults, but are subject to additional restrictions on hazardous forms of work or for ethical reasons. Restrictions for hazardous jobs include work with materials considered dangerous for teenagers, work in the sawmill business, on high-voltage pylons, and specified jobs in the construction business.

Laws and policies protect children from exploitation in the workplace and prohibit forced or compulsory labor, and the government generally enforced these laws and policies effectively.

The labor inspectorate of the Ministry of Labor, Social Affairs, and Consumer Protection is responsible for enforcing child labor laws and policies in the workplace and did so effectively. Penalties in the form of fines may be doubled in cases of repeated violations of the child labor code. Penalties were sufficient to deter violations.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations related to employment or occupation prohibit discrimination regarding race, sex, gender, disability, language, sexual orientation or gender identity, HIV-positive (or other communicable disease) status, religion, age, or world view. The government effectively enforced these laws and regulations. Penalties for violations were sufficient to deter violations.

Discrimination in employment and occupation occurred with respect to women, persons with disabilities, and members of certain minorities. A Muslim community office focused on documenting anti-Islamic acts reported discriminatory hiring practices against Muslim women wearing headscarves when trying to obtain a retail or customer service position. Companies sometimes preferred to pay a fine rather than hire a person with a disability.

The law requires equal pay for equal work, but women occasionally experienced discrimination in remuneration.

Female employees in the private sector may invoke laws prohibiting discrimination against women. Depending on the Federal Equality Commission’s findings, labor courts may award the equivalent of up to four months’ salary to women found to have experienced gender discrimination in promotion, despite being better qualified than their competitors. The courts may also order compensation for women denied a post despite having equal qualifications.

e. Acceptable Conditions of Work

There is no legislated national minimum wage. Instead, nationwide collective bargaining agreements covered between 98 and 99 percent of the workforce and set minimum wages by job classification for each industry. Where no such collective agreements existed, such as for domestic workers, custodial staff, and au pairs, wages were generally lower than those covered by collective bargaining agreements. The agreements set wages above the poverty line except in a few cases.

The law in general provides for a maximum workweek of 40 hours, although collective bargaining agreements established 38- or 38.5-hour workweeks for more than half of all employees. Regulations to increase workhour flexibility allowed companies to increase the maximum regular time from 40 hours to 50 hours per week with overtime. A law that entered into force in August allows work hours to be increased to a maximum of 12 hours per day and 60 hours per week, including overtime, but employees can refuse, without providing a reason, to work more than 10 hours per day.

Overtime is officially limited to 20 hours per week and 60 hours per year. The period worked more than an average of 17 weeks must not exceed 48 hours per week. Some employers, particularly in the construction, manufacturing, and information technology sectors, exceeded legal limits on compulsory overtime. Sectors with immigrant workers were particularly affected. Collective bargaining agreements can specify higher limits. An employee must have at least 11 hours off between workdays. Wage and hour violations can be brought before a labor court, which can fine employers who commit violations.

Foreign workers in both the formal and informal sectors made up approximately 19 percent of the country’s workforce. Authorities did not enforce wage and hour regulations effectively in the informal sector.

The labor inspectorate effectively enforced mandatory occupational health and safety standards, which were appropriate for the main industries. The number of inspectors was sufficient to deter violations. Resources and remediation remained adequate. Penalties for violations in the form of fines were sufficient to deter violations. In cases of violations resulting in serious injury or death, employers may be prosecuted under the penal code.

The government extended its Occupational Safety and Health Strategy 2007-12 initiative until 2020. The initiative focused on educational and preventive measures, including strengthening public awareness of danger and risk assessment (plus evaluation); preventing work-related illnesses and occupational diseases; providing training as well as information on occupational safety and health; and improving the training of prevention experts.

Workers could file complaints anonymously with the labor inspectorate, which could in turn sue the employer on behalf of the employee. Workers rarely exercised this option and normally relied instead on the nongovernmental workers’ advocacy group and the Chamber of Labor, which filed suits on their behalf. Workers in the informal economy generally did not benefit from social protections. Workers generally had to pay into the system in order to receive health-care benefits, unemployment insurance, and pensions, although persons who were not working could qualify for coverage in certain cases.

Workers could remove themselves from situations that endanger health or safety, without jeopardy to their employment. The Employment and Labor Relations Federal Public Service protected employees in this situation.

Bahamas

Executive Summary

The Commonwealth of The Bahamas is a constitutional parliamentary democracy. Prime Minister Hubert Minnis’s Free National Movement won control of the government in 2017 elections international observers found free and fair.

The Royal Bahamas Police Force maintains internal security. The Royal Bahamas Defence Force is primarily responsible for external security but also provides security at the Carmichael Road Detention Centre (for migrants) and performs some domestic security functions, such as guarding foreign embassies. Both report to the minister of national security. Civilian authorities maintained effective control over the security forces.

In September Hurricane Dorian, the worst humanitarian disaster in the history of the country, directly struck Grand Bahama and Abaco, the second- and third-most populated islands, respectively, displacing thousands of residents and causing billions of dollars in damage.

Significant human rights issues included violence by prison guards against prisoners. Libel is criminalized, although it was not enforced during the year.

The government took action to prosecute police officers, prison officials, and other officials accused of abuse of power and corruption.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. Independent media were active and expressed a wide variety of views without restriction.

Libel/Slander Laws: The law criminalizes both negligent and intentional libel, with a penalty of six months’ imprisonment for the former and two years for the latter. The government did not use criminal libel laws during the year.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Migrants continued to accuse police and immigration officers of excessive force and warrantless searches, as well as frequent solicitations of bribes by immigration officials (see sections 1.f., 4). Human rights organizations alleged that bias against migrants, particularly those of Haitian descent, intensified in the aftermath of Hurricane Dorian. The government generally enforced its immigration policies equally on all irregular migrants, regardless of nationality or origin.

The government generally cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, asylum seekers, stateless persons, and other persons of concern.

Refoulement: The government had an agreement with the government of Cuba to expedite removal of Cuban detainees. The announced intent of the agreement was to reduce the amount of time Cuban migrants spent in detention; however, concerns persisted the agreement allowed for information-sharing that heightened the risk of oppression from the Cuban government of detainees and their families.

Access to Asylum: While the law does not provide protection for asylum seekers, the government issued refugee cards to four asylum seekers in the past year, allowing them to work. Access to asylum in the country is informal, with no legal framework under which legal protections and practical safeguards could be implemented. The lack of refugee legislation or formal policy complicated UNHCR’s work to identify and assist asylum seekers and refugees.

According to the government, trained individuals screened applicants for asylum and referred them to the Department of Immigration and the Ministry of Foreign Affairs for further review. Government procedure requires the ministry to forward approved applications to the cabinet for a final decision on granting or denying asylum.

Authorities did not systematically involve UNHCR in asylum proceedings, but they sought UNHCR’s advice on specific cases during the year and granted access so that UNHCR could interview detained asylum seekers awaiting deportation.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. The long-standing lack of a fully implemented freedom of information act continued to limit citizens’ access to information necessary to inform their political decision-making.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Officials sometimes engaged in corrupt practices, including accepting small-scale “bribes of convenience,” with impunity. There were isolated reports of other government corruption during the year.

Corruption: Corruption in the Bahamas Department of Correctional Services was a long-standing problem, with allegations by both prisoners and prison wardens. In June a court convicted a former prison officer of smuggling two pounds of marijuana to a prisoner. The court fined the former officer 7,000 Bahamian dollars (B$) (one Bahamian dollar equals one U.S. dollar).

The campaign finance system is largely unregulated, with few safeguards against quid pro quo donations, creating a vulnerability to corruption. The procurement process was susceptible to corruption, as it contains no requirement to engage in open public tenders. The government nevertheless routinely issued open public tenders. The government had a process for all vendors and suppliers to register on an electronic platform to increase transparency and otherwise to improve the procurement process. The Minnis administration brought corruption charges against three former high-level government officials. As of December, however, two of the three had been acquitted, with claims of witness intimidation and jury tampering, as well as alleged missteps by the police and prosecutors overshadowing the credible allegations of corruption. The trial for a bribery case against a third former official was scheduled to begin in March 2020.

Haitian migrants reported being solicited by immigration officials for bribes to prevent detention.

Financial Disclosure: The Public Disclosure Act requires senior public officials, including senators and members of Parliament, to declare their assets, income, and liabilities annually. The government publishes a summary of the individual declarations. There was no independent verification of the submitted data.

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

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

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, participate in collective bargaining, and conduct legal strikes. The law prohibits antiunion discrimination. By law, employers may be compelled to reinstate workers illegally fired for union activity. Members of the police force, defense force, fire brigade, and prison guards may not organize or join unions, although police used professional associations to advocate on their behalf in pay disputes. Unions can exist without a majority vote from workers, but to be recognized by the government, a union must represent at least 50 percent plus one of the affected workers.

By law, labor disputes must first be filed with the Department of Labour. If not resolved, disputes are transferred to an industrial tribunal, which determines penalties and remedies, up to a maximum of 26 weeks of an employee’s pay. The tribunal’s decision is final and may be appealed in court only on a question of law.

The government generally respected freedom of association and the right to collective bargaining, and most–but not all–employers in the private sector did as well.

The government generally enforced the law, although Department of Labour officials admitted some legal reforms were necessary. Penalties varied by case but generally deterred violations. Administrative and judicial procedures were subject to lengthy delays and appeals. The Department of Labour wrote its annual report for the minister but did not provide updated statistics to the public during the year.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government generally enforced the law effectively. Local NGOs noted exploited workers often did not report their circumstances to government officials due to fear of deportation and lack of education about available resources. Penalties for forced labor were sufficiently stringent to deter violations.

Undocumented migrants were vulnerable to forced labor, especially in domestic servitude, in the agricultural sector, and particularly in the outlying Family Islands. There were reports noncitizen laborers, often of Haitian origin, were vulnerable to compulsory labor and suffered abuse at the hands of their employers, who were responsible for endorsing their work permits on an annual basis. Specifically, local sources indicated employers required noncitizen employees to “work off” the work permit fees, which ranged from B$750 to B$1,500 ($750-$1,500) for unskilled and semiskilled workers. The risk of losing the permit and the ability to work legally within the country was reportedly used as leverage for exploitation and created the potential for abuse.

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 all the worst forms of child labor. The law prohibits the employment of children younger than age 14 for industrial work and any work during school hours or between the hours of 8 p.m. and 6 a.m. Children between the ages of 14 and 17 may work between the hours of 8 p.m. and 6 a.m. but only in hotels, restaurants, food stores, general merchandise stores, and gas stations. Children between the ages of 14 and 17 may work outside school hours under the following conditions: on a school day, for not more than three hours; in a school week, for not more than 24 hours; on a nonschool day, for not more than eight hours; and in a nonschool week, for not more than 40 hours. The government did not have a list of jobs that are considered dangerous, although it intervened when children were performing permissible jobs in dangerous environments (e.g., selling peanuts at a dangerous intersection). Occupational safety and health restrictions apply to all minors. The government does not have a list of light work activities that are permitted for children age 12 and older.

The government generally enforced the law effectively. The Department of Labour reported no severe violations of child labor laws. The penalties for violating child labor laws generally deterred violations.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment based on race, skin color, national origin, creed, sex, marital status, political opinion, age, HIV status, and disability, but not based on language, sexual orientation, gender identity, religion, or social status. The government did not effectively enforce the law. While the law allows victims to sue for damages, many citizens were unable to sue due to a lack of available legal representation and the ability of wealthy defendants to prolong the process in courts.

e. Acceptable Conditions of Work

The minimum wage is above the established poverty line.

The law provides for a 40-hour workweek, a 24-hour rest period, and time-and-a-half payment for hours worked beyond the standard workweek. The law stipulates paid annual holidays and prohibits compulsory overtime. The law does not place a cap on overtime. The government set health and safety standards appropriate to the industries. According to the Department of Labour, the law protects all workers, including migrant workers, in areas including wages, working hours, working conditions, and occupational health and safety standards. Workers do not have the right to refuse to work under hazardous conditions, and legal standards do not cover undocumented and informal economy workers.

The Department of Labour is responsible for enforcing labor laws, including the minimum wage, and it generally enforced the law effectively. It had a team of inspectors that conducted onsite visits to enforce occupational health and safety standards and investigate employee concerns and complaints. Inspections occurred infrequently. The department generally announced inspection visits in advance, and employers generally cooperated with inspectors to implement safety standards. Penalties were sufficient to deter violations. Working conditions varied, and mold was a problem in schools and government facilities, a common problem due to climate conditions.

Barbados

Executive Summary

Barbados is a multiparty parliamentary democracy. Queen Elizabeth II is the head of state. The governor general is the queen’s representative in the country and certifies all legislation on her behalf. In the 2018 national elections, the Barbados Labour Party (BLP) won all 30 seats in the legislature. BLP leader Mia Mottley was appointed as prime minister by the governor general with the support of the BLP’s overwhelming parliamentary majority.

The Royal Barbados Police Force is responsible for internal law enforcement, including migration and border enforcement. The Barbados Defence Force protects national security and may be called upon to maintain public order in times of crisis, emergency, or other specific needs. In January the prime minister transferred responsibility for oversight of police and all other law enforcement agencies to the attorney general. The defense force reports to the minister of defense and security. The law provides that police may request defense force assistance with special joint patrols. Civilian authorities maintained effective control over the police and defense forces.

Significant human rights issues included the criminalization of consensual same-sex sexual activity between men. Authorities did not enforce the law on same-sex sexual activity during the year.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Libel/Slander Laws: The press provided unverified, anecdotal reporting on corruption issues throughout the year. Civil society representatives raised concerns that defamation lawsuits could lead to self-censorship in some cases.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

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 Immigration Department was responsible for considering refugee and asylum claims.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Voters elect 30 members of the National Assembly. The governor general appoints 21 senators: 12 on the advice of the prime minister, two on the advice of the leader of the opposition, and nine at his or her discretion.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Media reported that senior officials acknowledged some official corruption occurred but said citizens were reluctant to file complaints.

Corruption: There were no formal investigations of government corruption during the year. There was unverified anecdotal evidence in the media, however, of government corruption.

Financial Disclosure: Upon assuming power in 2018, the prime minister required all high-level public officials to disclose income and assets to the government. While the government claimed officials complied with this directive, the disclosures were not published.

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

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

Government Human Rights Bodies: The Ombudsman’s Office hears complaints against government ministries, departments, or other authorities for alleged injuries or injustices resulting from administrative conduct. The governor general appoints the ombudsman on the recommendation of the prime minister and in consultation with the opposition. Parliament must approve the appointment. The ombudsman submits annual reports to Parliament that contain recommendations on changes to laws and descriptions of actions taken by the Ombudsman’s Office.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join unions and conduct legal strikes but does not specifically recognize the right to bargain collectively. Moreover, the law does not obligate employers to recognize unions or to accept collective bargaining. The law prohibits antiunion discrimination and protects workers engaged in union activity. A tribunal may order reinstatement, re-engagement, or compensation, although no cases of antiunion discrimination were reported during the year. The law permits all private-sector employees to strike but prohibits strikes by workers in essential services such as police, firefighting, electricity, and water.

In general the government effectively enforced labor law in the formal sector. Penalties were sufficient to deter violations. The law gives persons the right to have allegations of unfair dismissal tried before the Employment Rights Tribunal. The process often had lengthy delays. A tripartite group of labor, management, and government representatives met regularly. The group dealt with social and economic issues as they arose, formulating legislative policy, and setting and maintaining harmonious workplace relations.

With a few exceptions, workers’ rights generally were respected. Unions received complaints of violations of collective bargaining agreements, but most complaints were resolved through established mechanisms.

Although employers were under no legal obligation to recognize unions, most major employers did so when more than 50 percent of the employees made a request. Companies were sometimes hesitant to engage in collective bargaining with a recognized union, but in most instances they eventually did so. Smaller companies often were not unionized.

b. Prohibition of Forced or Compulsory Labor

The constitution prohibits all forms of forced or compulsory labor. The government generally enforced such laws, which was sufficient to deter violations.

Although there were no official reports of forced labor during the year, foreigners–especially those from neighboring Caribbean nations–remained at risk for forced labor, particularly in the domestic service, agriculture, and construction sectors. The punishment for labor or sex trafficking of adults is the same: 25 years in prison, a fine of one million BBD ($500,000), or both. Forced labor or sex trafficking of children is punishable by a fine of two million BBD (one million dollars), life imprisonment, or both. There were no prosecutions during the year.

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 for a minimum working age of 16 years for certain sectors but does not cover sectors such as agriculture or family businesses. The law prohibits children younger than age 18 from engaging in work likely to harm their health, safety, or morals, but it does not specify which occupations fall under this prohibition. The law prohibits employing children of compulsory school age (through age 16) during school hours. The law also prohibits school-age children from working after 6 p.m. The law was effectively enforced, and child labor laws were generally observed. Parents are culpable under the law if their children younger than age 16 are not in school. Under the Recruiting of Workers Act, children ages 14-16 may engage in light work with parental consent. The law does not provide a list of occupations constituting light work.

Ministry of Labour inspectors may initiate legal action against an employer found employing underage workers. Employers found guilty of violating the law may be fined or imprisoned for up to 12 months. Penalties were generally sufficient to deter violations. According to the chief labor inspector, no underage employment cases were filed in recent years. Although documentation was not available, observers commented that children may have been engaged in the worst forms of child labor, namely drug trafficking, and as victims of commercial sexual exploitation (see section 6, Children).

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination on grounds of race, sex, gender, sexual orientation, known or perceived HIV/AIDS status, or disability. Nevertheless, employment discrimination persisted against persons with HIV/AIDS. Foreign workers in high-risk sectors, such as domestic service, agriculture, or construction, were sometimes not aware of their rights and protections under the law. Unions expressed concern that domestic workers were occasionally forced to work in unacceptable conditions. Anecdotal information indicated persons with disabilities believed they were discriminated against because of their disabilities and that employers professed other reasons for not hiring them.

e. Acceptable Conditions of Work

There is no law establishing a national minimum wage. The law establishes minimum wages for housekeepers and shop assistants and is considered by society as the established “minimum wage.” Full-time shop assistants and housekeepers earn wages in excess of the poverty level.

The standard legal workweek is 40 hours in five days, and the law provides employees with three weeks of paid holiday for persons with less than five years of service and four weeks of paid holiday after five years of service. The law requires overtime payment of time and a half for hours worked in excess of the legal standard and prescribes all overtime must be voluntary. The law does not set a maximum number of overtime hours. The government set occupational safety and health standards that were current and appropriate for its industries.

The Ministry of Labour is charged with enforcing the minimum wage as well as work hours, and it did so effectively. The ministry also enforced health and safety standards and, in most cases, followed up to ensure management corrected problems, but the number of labor inspectors was insufficient to effectively enforce compliance. The ministry used routine inspections, accident investigations, and union membership surveys to prevent labor violations and to verify that wages and working conditions met national standards. Penalties include fines of up to $500 BBD ($250) per offense, imprisonment of up to three months, or both. These penalties were inadequate to ensure compliance. The ministry reported that it historically relied on education, consensus building, and moral persuasion rather than penalties to correct labor law violations. The ministry delivered presentations to workers to inform them of their rights, and it provided education and awareness workshops for employers. The ministry’s Health and Safety Inspection Unit conducted several routine annual inspections of government-operated corporations and manufacturing plants, with no serious problems noted.

Office environments received additional attention from the Ministry of Labour due to concerns about indoor air quality. Trade unions monitored safety problems to verify the enforcement of safety and health regulations as well as the correction of problems by management.

The law provides for the right of workers to refuse dangerous work without jeopardy to their employment, and authorities generally protected employees in this situation.

Belarus

Executive Summary

Belarus is an authoritarian state. The constitution provides for a directly elected president who is head of state and a bicameral parliament, the National Assembly. A prime minister appointed by the president is the nominal head of government, but power is concentrated in the presidency, both in fact and in law. Citizens were unable to choose their government through free and fair elections. Since his election as president in 1994, Alyaksandr Lukashenka has consolidated his rule over all institutions and undermined the rule of law through authoritarian means, including manipulated elections and arbitrary decrees. All subsequent presidential elections fell well short of international standards. The November parliamentary elections failed to meet international standards.

The Ministry of Internal Affairs exercises authority over police, but other bodies outside of its control, for example, the Committee for State Security (KGB), the Financial Investigations Department of the State Control Committee, the Investigation Committee, and presidential security services, exercise police functions. The president has the authority to subordinate all security bodies to his personal command, and he maintained effective control over security forces.

Significant human rights issues included: arbitrary arrest and detention; life-threatening prison conditions; arbitrary or unlawful interference with privacy; significant problems with the independence of the judiciary; undue restrictions on free expression, the press, and the internet, including censorship, site blocking, and the existence of laws regarding criminal libel and defamation of government officials; detention of journalists; severe restrictions on freedoms of peaceful assembly and association, including the imposition of criminal penalties for calling for a peaceful demonstration and laws penalizing the activities and funding of groups not approved by the authorities; restrictions on freedom of movement, in particular of former political prisoners whose civil rights remained largely restricted; restrictions on political participation, including persistent failure to conduct elections according to international standards; corruption in all branches of government; allegations of pressuring women to have abortions; and trafficking in persons.

Authorities at all levels often operated with impunity and failed to take steps to prosecute or punish officials in the government or security forces who committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press. The government did not respect these rights and enforced numerous laws to control and censor the public and media. Moreover, the state press propagated views in support of the president and official policies, without giving room for critical voices.

Freedom of Expression: Individuals could not criticize the president or the government publicly or discuss matters of general public interest without fear of reprisal. Authorities videotaped political meetings, conducted frequent identity checks, and used other forms of intimidation. Authorities also prohibited displaying certain historical flags and symbols and displaying placards bearing messages deemed threatening to the government or public order.

On June 10, a Minsk regional court convicted prominent painter and art performer Ales Pushkin for holding banners urging Belarus to join NATO as well as protesting “Russian Aggression in Europe” in the town of Krupki on June 6. Despite the fact that Pushkin staged his protest alone, authorities charged him with violating the Law on Mass Events and resisting police and fined him 204 rubles ($100).

The law also limits free speech by criminalizing actions such as giving information that authorities deem false or derogatory to a foreigner concerning the political, economic, social, military, or international situation of the country.

Press and Media, Including Online Media: Government restrictions limited access to information and often resulted in media self-censorship. State-controlled media did not provide balanced coverage and overwhelmingly presented the official version of events. Appearances by opposition politicians on state media were rare and limited primarily to those required by law during election campaigns. Authorities warned, fined, detained, and interrogated members of independent media.

By law the government may close a publication, printed or online, after two warnings in one year for violating a range of restrictions on the press. Additionally, regulations give authorities arbitrary power to prohibit or censor reporting. The Ministry of Information may suspend periodicals or newspapers for three months without a court ruling. The law also prohibits media from disseminating information on behalf of unregistered political parties, trade unions, and NGOs.

Independent media outlets, including newspapers and internet news websites, continued to operate under restrictive media laws and most faced discriminatory publishing and distribution policies, including limiting access to government officials and press briefings, controlling the size of press runs of newspapers, and raising the cost of printing. For example, journalists from independent media outlets Euroradio, BelaPAN, and tut.by did not receive accreditation to cover President Lukashenka’s April 19 annual address to the nation and the parliament, allegedly because the press center did not have enough seats.

State-owned media dominated the information field and maintained the highest circulation through generous subsidies and preferences. There was no countrywide private television, and broadcast media space was dominated by state-owned and Russian stations.

Some international media continued to operate in the country but not without interference and prior censorship. Euronews and the Russian channels First Channel, NTV, and RTR were generally available, although only through paid cable services in many parts of the country and with a time delay that allowed the removal of news deemed undesirable. At times authorities blocked, censored, or replaced international news programs with local programming.

Violence and Harassment: Authorities continued to harass and detain local and foreign journalists routinely.

Security forces continually hampered efforts of independent journalists to cover demonstrations and protests in Minsk and across the country. The independent Belarusian Association of Journalists reported that authorities briefly detained an accredited German media outlet’s driver and impounded media equipment, which prevented the outlet from covering a rally on November 15.

On March 4, a Minsk district court convicted popular independent news portal tut.by editor in chief Maryna Zolatava of “executive inaction” allegedly for allowing tut.by journalists to access the subscription service of state-run news agency Belta without payment. The court sentenced her to a fine of 7,650 rubles ($3,740). In addition, Zolatava must pay Belta’s court costs of 6,000 rubles ($2,930). Criminal charges against several other journalists from tut.by and an independent press agency Belapan were dropped after the accused agreed to pay fines.

The government refused to register some foreign media, such as Poland-based Belsat Television and Radio Racyja, and routinely fined freelance journalists working for them. As of September 25, at least 17 journalists were fined in 38 cases for not having government accreditation or for cooperating with a foreign media outlet. According to the Belarusian Association of Journalists, freelance journalists received fines totaling more than 35,000 rubles ($17,200). Most of the fines were imposed on journalists working for Belsat Television.

In October the Foreign Ministry refused the 11th accreditation application of freelancer Viktar Parfyonenka to work for Radio Racyja.

Censorship or Content Restrictions: The government exerted pressure on the vast majority of independent publications to exercise self-censorship, warning them not to report on certain topics or criticize the government. The government tightly and directly controlled the content of state-owned broadcast and print media. Television channels are required to air at least 30 percent local content. Local independent television stations operated in some areas and reported local news, although most were under government pressure to forgo reporting on national and sensitive issues or risk censorship.

According to the Organization for Security and Cooperation in Europe’s Office of Democratic Initiatives and Human Rights (OSCE/ODIHR) monitoring report, during the November 17 parliamentary elections campaign at least seven opposition candidates’ prerecorded television speeches were not aired, and state newspapers censored or refused to publish a number of opposition candidates’ campaign platforms.

Authorities allowed only state-run radio and television networks to broadcast nationwide. The government used this national monopoly to disseminate its version of events and minimize alternative or opposing viewpoints.

Authorities warned businesses not to advertise in newspapers that criticized the government. As a result, independent media outlets operated under severe budgetary constraints.

Libel/Slander Laws: Libel and slander are criminal offenses. There are large fines and prison sentences of up to four years for defaming or insulting the president. Penalties for defamation of character make no distinction between private and public persons. A public figure who is criticized for poor performance while in office may sue both the journalist and the media outlet that disseminated the critical report.

On April 9, police searched Belsat Television’s Minsk office and confiscated computer equipment. The Investigative Committee press service indicated that the search was related to an unspecified defamation case. According to Belsat journalist Ales Zaleuski, the criminal case might have been connected to an article in which Belsat Television incorrectly reported that Andrei Shved, the head of the Committee for Forensic Examination, had been detained. Belsat Television issued a retraction and apology, and the committee returned the computer equipment on April 11.

On April 18, a Brest district court convicted popular video blogger Siarhei Piatrukhin on charges of defaming and insulting police officers and sentenced him to a fine of 9,180 rubles ($4,480). In addition, Piatrukhin was ordered to pay 7,500 rubles ($3,660) in damages to police officers.

National Security: Authorities frequently cited national security as grounds for censorship of media.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for freedom of peaceful assembly; however, the government severely restricted this right. Authorities employed a variety of means to discourage demonstrations, disperse them, minimize their effect, and punish the participants. The law provides for freedom of association, but the government restricted it and selectively enforced laws and registration regulations to restrict the operation of independent associations that might criticize the government.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government at times restricted the right of citizens, former political prisoners in particular, to foreign travel.

In-country Movement: Passports serve as a form of identity, and authorities required them for permanent housing, work, and hotel registration. Police continued to harass selectively individuals who lived at a location other than their legal place of residence as indicated by mandatory stamps in their passports.

The law also requires persons who travel to areas within 15 miles of the border (aside from authorized crossing points) to obtain an entrance pass.

Foreign Travel: The government’s database of persons banned from traveling abroad contained the names of individuals who possessed state secrets, faced criminal prosecution or civil suits, or had outstanding financial obligations. Authorities informed some persons by letter that their names were in the database; others learned only at border crossings. The Ministry of Internal Affairs and security agencies, border and customs services, and financial investigation departments have a right to place persons on “preventive” surveillance lists.

The Ministry of Internal Affairs is also required to track citizens working abroad, and employment agencies must report individuals who do not return from abroad as scheduled.

Exile: The law does not allow forced exile, but sources asserted that security forces continued to threaten some opposition members with bodily harm or prosecution if they did not leave the country, and many were in self-imposed exile.

Many university students who were expelled or believed they were under the threat of expulsion for their political activities opted for self-imposed exile and continued their studies abroad.

f. Protection of Refugees

Access to Asylum: The law provides for granting asylum or refugee status and complementary and temporary protection to foreign citizens and stateless persons, with some exceptions. The government has established a procedure for determining refugee status and a system for providing protection to refugees. The law provides for protection against refoulement granted to foreigners who are denied refugee status or temporary protection but cannot be returned to their countries of origin.

All foreigners except Russians have the right to apply for asylum. According to the terms of the Union Treaty with Russia, Russians may legally settle and obtain residence permits in the country based on their Russian citizenship.

Freedom of Movement: Asylum seekers have freedom of movement within the country but must reside in the region where they filed their applications for refugee status and in a place known to authorities while their applications are being considered, including during appeals. Authorities reportedly often encouraged asylum seekers to settle in rural areas; however, the majority settled in cities and towns. Change of residence was possible with a notification to authorities. Authorities issue registered asylum seekers certificates that serve as documents to confirm their status as asylum seekers and identity and protect them from expulsion. In accordance with the law, they also must register with local authorities at their place of residence.

Durable Solutions: Adult asylum seekers have to pay for higher education as well as for nonemergency medical services while minors receive education and medical services free of charge. Free legal assistance, housing, and language training are not available to either asylum seekers or refugees. Naturalization of refugees was possible after seven years of permanent residence, as in the case of other categories of foreign residents.

Temporary Protection: Although the government may provide temporary protection (for up to one year) to individuals who may not qualify as refugees, it did not do so during the year.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage, but the government consistently denied citizens this ability by not conducting elections according to international standards.

Since his election in 1994 to a four-year term as the country’s first president, Alyaksandr Lukashenka has steadily consolidated power in the executive branch to dominate all branches of government, effectively ending any separation of powers among the branches. Flawed referendums in 1996 and 2004 amended the constitution to broaden his powers, extend his term in office, and remove presidential term limits. Subsequent elections, including the presidential elections held in 2015 and parliamentary elections held in November, continued to deny citizens the right to express their will in an honest and transparent process including fair access to media and to resources.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, and the government regularly prosecuted officials alleged to be corrupt; however, the World Bank’s Worldwide Governance Indicators reflected that corruption was a serious problem in the country.

On March 19, the Council of Europe’s Group of States against Corruption (GRECO) declared the country noncompliant with its anticorruption standards. The government did not publish evaluation or compliance reports, which according to GRECO “casted a dark shadow over Belarus’s commitment to preventing and combating corruption and to overall cooperation with GRECO.”

Individuals dismissed for lower-level corruption face a five-year ban on public-service employment, while those found to have committed more serious abuses are banned indefinitely from government employment. The law also allows seizure of property worth more than 25 percent of a public servant’s yearly income for those found guilty of corrupt practices. The law provides for public monitoring of the government’s anticorruption efforts. On May 10, the president signed a decree forbidding those convicted on corruption charges to be released early or on probation. It also prohibited such jail terms from being replaced with softer penalties. On October 18, President Lukashenka said his “government personnel list had some 850 names who enjoy certain powers and are granted certain immunity and who cannot be arrested without the president’s consent.”

Corruption: According to official sources, most corruption cases involved soliciting and accepting bribes, fraud, and abuse of power, although anecdotal evidence indicated such corruption usually did not occur as part of day-to-day interaction between citizens and minor state officials.

The absence of independent judicial and law enforcement systems, the lack of separation of powers, and a harried independent press largely barred from interaction with a nontransparent state bureaucracy made it virtually impossible to gauge the scale of corruption or combat it effectively.

The Prosecutor General’s Office is responsible for organizing and coordinating activities to combat corruption, including monitoring law enforcement operations, analyzing the efficacy of implemented measures, supervising engaged parties, and drafting further legislation.

The most corrupt sectors were state administration and procurement, the industrial sector, the construction industry, health care, and education. In September the Supreme Court reported that from January to June, courts convicted 463 individuals “on corruption-related charges.”

There were numerous corruption prosecutions during the year, but prosecutions remained selective, nontransparent, and in some cases appeared politically motivated, according to independent observers and human rights advocates. For example, on July 4, the Supreme Court sentenced former presidential aide and Hrodna region chief inspector Siarhei Rauneika to 12 years in prison and property confiscation in a closed-door trial. The government charged Rauneika with accepting bribes of up to $200,000.

During the year at least 93 head doctors from the regions and Minsk, officials of the healthcare ministry, including a deputy minister, representatives of local pharmaceutical productions, and owners of pharmacy businesses were investigated for numerous accounts of corruption related to procurement of medicines and equipment. While a number of those cases continued at the end of the year, more than a dozen doctors and officials received sentences of up to nine years in prison. Former deputy health minister Ihar Lasitski was sentenced to six years in prison for accepting bribes.

Financial Disclosure: Anticorruption laws require income and asset disclosure by appointed and elected officials, their spouses, and members of households who have reached legal age and continue to live with them in the same household. According to the law, specialized anticorruption departments within the Prosecutor General’s Office, the KGB, and the Internal Affairs Ministry monitor and verify anticorruption practices, and the prosecutor general and all other prosecutors are mandated to oversee the enforcement of anticorruption law. These declarations were not available to the public; an exception applies to candidates running in presidential, parliamentary, and municipal elections. There are administrative sanctions and disciplinary penalties for noncompliance.

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

There were a number of active domestic human rights NGOs, although authorities were often hostile to their efforts, restricted their activities, selectively cooperated with them, and were not responsive to their views.

Two prominent human rights NGOs–the BHC and the Center for Legal Transformations–operated as registered entities. The government refused to register a number of others, placing them at risk of fines of up to 1,280 rubles ($625). Some unregistered NGOs, including Vyasna and Legal Assistance to the Population, continued to operate.

Authorities at times harassed both registered and unregistered human rights organizations. They subjected them to inspections and threats of deregistration and reportedly monitored their correspondence and telephone conversations. The government largely ignored reports issued by human rights NGOs and rarely met with unregistered groups. State-run media rarely reported on human rights NGOs and their activities.

During the year the BHC’s bank accounts remained blocked due to long-standing tax arrears related to foreign funding in the early 2000s, but the government allowed the committee to operate without other interference.

Authorities were generally reluctant to engage on human rights problems with international human rights NGOs or other human rights officials, and international NGO representatives often had difficulty gaining admission to the country. Authorities routinely ignored local and international groups’ recommendations on improving human rights in the country and requests to stop harassing the human rights community.

The United Nations or Other International Bodies: In September 2018 the UN Human Rights Council appointed Anais Marin as the new special rapporteur on the situation of human rights in the country and extended her mandate for another year on July 12. The government continued to speak against “the politicized” mandate of the rapporteur and did not recognize it. The rapporteur’s July report indicated, “the absence of significant improvements and the necessity for the government to clearly demonstrate its commitment to addressing long-standing criticism by introducing concrete, durable changes.”

Government Human Rights Bodies: The government took minor steps to implement the Human Rights Action Plan adopted in 2016 to outline, in the government’s words, “main activities for us to implement our international obligations” on human rights. While independent human rights groups, including the human rights center Vyasna and the BHC, welcomed the plan’s adoption, they also noted that the documents lack specific target goals or results assessment mechanisms.

A standing commission on human rights in the lower chamber of parliament was ineffective.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

Although the law provides for the rights of workers, except state security and military personnel, to form and join independent unions and to strike, it places a number of serious restrictions on the exercise of these rights. The law provides for the right to organize and bargain collectively but does not protect against antiunion discrimination. Workers who say they are fired for union activity have no explicit right to reinstatement or to challenge their dismissal in court, according to independent union activists.

The law provides for civil penalties in the form of fines for violations of the freedom of assembly or collective bargaining, which were not sufficient to deter violations. The government also did not enforce these penalties.

The government severely restricted independent unions. The government-controlled Federation of Trade Unions of Belarus is the largest union federation, claiming more than four million members. It largely resembled its Soviet predecessors and served as a control mechanism and distributor of benefits. The Belarusian Congress of Democratic Trade Unions (BCDTU), with four constituent unions and approximately 10,000 members of independent trade unions, was the largest independent union umbrella organization, but tight government control over registration requirements and public demonstrations made it difficult for the congress to organize, expand, and conduct strikes.

The government did not respect freedom of association and collective bargaining. Prohibitive registration requirements that any new independent union have a large membership and cooperation from the employer continued to present significant obstacles to union formation. Trade unions may be deleted from the register by a decision of the registrar, without any court procedure. The registrar may remove a trade union from the register if, following the issuance of a written warning to the trade union stating that the organization violates legislation or its own statutes, the violations are not eliminated within a month. Authorities continued to resist attempts by workers to leave the official union and join the independent one.

The legal requirements to conduct a strike are high. For example, strikes may only be held three or more months after dispute resolution between the union and employer has failed. The duration of the strike must be specified in advance. Additionally, a minimum number of workers must continue to work during the strike. Nevertheless, these requirements were largely irrelevant, since the unions that represented almost all workers were under government control. Government authorities and managers of state-owned enterprises routinely interfered with union activities and hindered workers’ efforts to bargain collectively, in some instances arbitrarily suspending collective bargaining agreements. Management and local authorities blocked worker attempts to organize strikes on many occasions by declaring them illegal. Union members who participated in unauthorized public demonstrations were subjected to arrest and detention. Due to a persistent atmosphere of repression and the fear of imprisonment, few public demonstrations took place during the year.

The Law on Mass Events also seriously limited demonstrations, rallies, and other public action, constraining the right of unions to organize and strike. No foreign assistance may be offered to trade unions for holding seminars, meetings, strikes, pickets, etc., or for “propaganda activities” aimed at their own members, without authorities’ permission.

Government efforts to suppress independent unions included frequent refusals to extend employment contracts for members of independent unions and refusals to register independent unions. According to BCDTU leader Alyaksandr Yarashuk, the government had not approved establishment of new independent unions since a 1999 decree requiring trade unions to register with the government but on January 15, it approved the third registration application of a branch of the independent trade union of miners, chemical, oil refinery, energy, transport, construction industries and other workers in Salihorsk. Registration followed restructuring of the state-owned potash fertilizer producer Belaruskali, which resulted in establishment of a number of separate subsidiaries, including Remmantazhstroi, where 400 workers wanted to keep their membership in the independent trade union. Authorities routinely fired workers who were deemed “natural leaders” or who involved themselves in NGOs or opposition political activities.

In August 2018 a Minsk district court convicted independent Radio and Electronics Trade Union chairman Genadz Fedynich and chief accountant Ihar Komlik for allegedly evading taxes in 2011 and sentenced the two to four years of house arrest. The court also banned the trade unionists from holding any administrative positions for five years. Protesters outside the courthouse were detained while protesting the trial. In November 2018 the Minsk city court dismissed their appeal. A November 2019 presidential amnesty law reduced the sentences of both Fedynich and Komlik by a year.

On May 10, Fedynich reported that the Penitentiary Inspectorate eased the conditions of his four-year restricted freedom sentence. Under the original house arrest order, Fedynich was required be at home from 7 p.m. to 6 a.m. and was prohibited from leaving his residence on weekends and public holidays. Since May Fedynich has been allowed to visit health-care providers, post offices, stores, and other public facilities from 6 p.m. to 8 p.m. on weekdays and also permitted to walk from his apartment to his mailbox inside the apartment building at any time. His curfew time was moved back from 7 p.m. to 9 p.m. Authorities refused Fedynich’s request to allow him to visit a church and help his ailing relatives with housework on weekends.

The government requires state employees, including employees of state-owned enterprises, who constituted approximately 70 percent of the workforce, to sign short-term work contracts. Although such contracts may have terms of up to five years, most expired after one year, which gave the government the ability to fire employees by declining to renew their contracts. Many members of independent unions, political parties, and civil society groups lost their jobs because of this practice. A government edict provides the possibility for employers to sign open-ended work contracts with an employee only after five years of good conduct and performance by the employee.

Opposition political party members and democratic activists sometimes had difficulty finding work due to government pressure on employers.

In 2014 the president issued Decree No. 5 On Strengthening the Requirements for Managers and Employees of Organizations, which the authorities stated was aimed at rooting out “mismanagement,” strengthening discipline, and preventing the hiring of dishonest managers in new positions. Among other subjects under the new decree, managers may reduce payment of employee bonuses (which often comprised a large portion of salaries) and workers may be fired more easily. An independent trade union lawyer told the press that workers have fewer rights under the new law.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not effectively enforce its provisions.

Parents who have had their parental rights stripped and are unemployed or are working but fail to compensate state child-care facilities for the maintenance of their children, may be subject to forced employment by court order. Individuals who refuse forced employment may be held criminally liable and face community service or corrective labor for a period of up to two years, imprisonment for up to three years, or other freedom restrictions, all involving compulsory labor and garnishment of 70 percent of their wages to compensate expenses incurred by the government.

In 2010 the government enforced procedures for placing individuals suffering from chronic alcohol, drug or other substance abuse in so-called medical labor centers when they have been found guilty of committing criminal violations while under the influence of alcohol, narcotics and psychotropic, toxic or other intoxicating substances. Such offenders may be held in these centers by court orders for 12 to 18 months. They are mandated to work, and if they refuse, they may be placed in solitary confinement for up to 10 days. In 2017 the deputy head of the Supreme Court, Valer Kalinkovich, justified operations of the medical labor centers, saying there was no alternative for alcohol addicts who also “violated rights of other people.”

Minsk authorities required officially registered unemployed individuals to perform paid community service two days a month from May to September and one day a month from October to December and January to April. In addition, they were banned from receiving some unemployment benefits, depending on their length of unemployment, if they performed less than 22 working days of community service during a year. Individuals with disabilities, single parents and parents of three and more children, as well as parents of children with disabilities and younger than 18 were exempt.

Regulations against forced labor were seldom enforced, and resources and inspections dedicated to preventing forced and compulsory labor were minimal and inadequate to deter violations. Penalties were not sufficient to deter violations. The government rarely identified victims of trafficking, and prosecution of those responsible for forced labor remained minimal. Government efforts to prevent and eliminate forced labor in the country did not improve.

The government continued the Soviet practice of subbotniks, (Saturday work) that requires employees of government, state enterprises, and students receiving government assistance to work uncompensated on a few Saturdays a year. Employers and authorities threatened workers who refused to participate with fines or unpaid premium compensation. In some localities, some local authorities forced students and state companies’ employees to participate in harvesting in September-October. For example, university students in Vitsebsk reported the administration had them harvest apples at a local farm for two weeks in September.

Former inmates stated their monthly wages were as low as three to four rubles ($1.50 to $2.00). Senior officials with the General Prosecutor’s Office and the Interior Ministry stated in November 2015 that at least 97 percent of all work-capable inmates worked in prison as required by law, excluding retirees and persons with disabilities, and that labor in prison was important and useful for rehabilitation and reintegration of inmates.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for employment is 16, but children as young as 14 may conclude a labor contract with the written consent of one parent or a legal guardian. The Prosecutor General’s Office is responsible for enforcement of the law. Persons younger than 18 are allowed to work in nonhazardous jobs but are not allowed to work overtime, on weekends, or on government holidays. Work may not be harmful to children’s health or hinder their education.

The government generally enforced these laws and penalties were sufficient to deter most violations.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination based on race, gender, language, or social status. These laws do not apply specifically to employment or occupation. The government did not effectively enforce these laws or secure any effective penalties to deter violations. Discrimination in employment and occupation occurred with respect to ethnicity, gender, disability, language, sexual orientation and gender identity and expression, and HIV-positive status (see section 6). In addition, some members of the Romani community complained that employers often discriminated against them and either refused to employ them or did not provide fulltime jobs. The government did not take any action during the year to prevent or eliminate employment discrimination. Employment discrimination happened across most economic sectors and in both private and public workplaces.

The law requiring equal pay for equal work was not regularly enforced, and the minister of labor and social welfare stated in 2016 that on average women were paid 24 percent less than men.

The government maintains a list of 181 “physically demanding” jobs “in hazardous or dangerous conditions” that women are not permitted to occupy. Very few women were in the upper ranks of management or government, and most women were concentrated in the lower-paid public sector. Although the law grants women the right to three years of maternity leave with assurance of a job upon return, employers often circumvented employment protections by using short-term contracts, then refusing to renew a woman’s contract when she became pregnant.

A government prohibition against workdays longer than seven hours for persons with disabilities reportedly made companies reluctant to hire them. Local NGOs reported that up to 85 percent of persons with disabilities were unemployed. Authorities provided minimal welfare benefits for persons with disabilities, and calculations of pensions did not consider disability status. Members of the country’s Paralympic teams received half the salaries and prize money of athletes without disabilities.

e. Acceptable Conditions of Work

As of October 1, the national minimum monthly wage exceeded the poverty line.

The law establishes a standard workweek of 40 hours and provides for at least one 24-hour rest period per week. The law provides for mandatory overtime and nine days of holiday pay and restricts overtime to 10 hours a week, with a maximum of 180 hours of overtime each year.

The law establishes minimum conditions for workplace safety and worker health, but employers often ignored these standards. Workers at many heavy machinery plants did not wear minimal safety gear. The state labor inspectorate lacked authority to enforce employer compliance and often ignored violations. The number of inspectors was insufficient to deter violations.

The Ministry of Labor and Social Welfare was responsible for enforcement of these laws. Information regarding resources, inspections, remediation, and penalties was not available. The government reported that approximately 400,000 of the 4.5 million workforce worked in the informal economy. The law did not cover informal workers.

The labor ministry reported 146 persons killed at workplaces in 2018, up from 115 in 2017.

The law does not provide workers the right to remove themselves from situations that endanger health or safety without jeopardy to their employment.

Belgium

Executive Summary

The Kingdom of Belgium is a parliamentary democracy with a limited constitutional monarchy. The country is a federal state with several levels of government: national; regional (Flanders, Wallonia, and Brussels); language community (Flemish, French, and German); provincial; and local. The Federal Council of Ministers, headed by the prime minister, remains in office as long as it retains the confidence of the lower house (Chamber of Representatives) of the bicameral parliament. Observers considered federal parliamentary elections held on May 26 to be free and fair.

The federal police are responsible for internal security and nationwide law and order, including migration and border enforcement. They report to the ministers of interior and justice. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: some attacks motivated by anti-Semitism and anti-Muslim sentiment, and violence against lesbian, gay, bisexual, transsexual, and intersex (LGBTI) persons. Authorities generally investigated and, where appropriate, prosecuted such cases.

Authorities actively investigated, prosecuted, and punished officials who committed abuses, whether in the security services or elsewhere in government.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Expression: Holocaust denial, defamation, sexist remarks and attitudes that target a specific individual, and incitement to hatred are criminal offenses punishable by a minimum of eight days (for Holocaust denial) or one month (incitement to hatred and sexist remarks or attitudes) and up to one year in prison and fines, plus a possible revocation of the right to vote or run for public office. If the incitement to hatred was based on racism or xenophobia, the case would be tried in the regular courts. If, however, the incitement stemmed from other motives, including homophobia or religious bias, a longer and more costly trial by jury generally would be required. The government prosecuted and courts convicted persons under these laws.

Press and Media, Including Online Media: The prohibition of Holocaust denial, defamation, sexist remarks, attitudes that target a specific individual, and incitement to hatred applies to print and broadcast media, books, and online newspapers and journals.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

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

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees, including specific subsidiary protection that goes beyond asylum criteria established by the 1951 Convention relating to the Treatment of Refugees and its 1967 protocol. Refugee status and residence permits are limited to five years and become indefinite if extended.

Authorities continued to face a significant flow of “transit migrants,” defined as those who remained in the country without requesting asylum while attempting illegal travel to the United Kingdom. To address the flow, the federal government started to detain transit migrants physically to ensure their repatriation, in those cases where they could be deported to a safe country of origin. Subsidiary protection is available to transit migrants if they request it, and local governments and NGOs did inform migrants of this option. Many transit migrants, however, do not request legal status in the country, even if they are aware of the possibility to apply for subsidiary protection.

Safe Country of Origin/Transit: The country denied asylum to asylum seekers who arrived from a safe country of origin or transit, pursuant to the EU’s Dublin III Regulation.

Durable Solutions: The country accepted refugees through UNHCR, including persons located in Italy and Greece, under the EU Emergency Relocation Mechanism. The country also conducted a voluntary return program for migrants in cooperation with the International Organization for Migration.

Temporary Protection: The government also provided temporary “subsidiary” protection to individuals who did not satisfy the legal criteria for refugee status but who could not return to their country of origin due to a real risk of serious harm. Under EU guidelines, individuals granted “subsidiary protection” are entitled to temporary residence permits, travel documents, access to employment, and equal access to health care, education, and housing. In 2018 authorities granted subsidiary protection to 1,777 individuals.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Voting in all elections is compulsory; failure to vote is punishable by a nominal fine.

Section 4. Corruption and Lack of Transparency in Government

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

Corruption: The law provides criminal penalties for official corruption, and the government generally implemented the law effectively. Following several corruption scandals in 2017 and 2018, no significant cases were reported in the current year.

Financial Disclosure: The law does not require elected officials to disclose their income or revenue, but they must report if they serve on any board of directors, regardless of whether in a paid or unpaid capacity. Officials in nonelective offices are held to the same standard. Sanctions for noncompliance are infrequent but have been used in the past when triggered by public outcry.

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

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

Government Human Rights Bodies: Federal and regional government ombudsmen monitored and published reports on the workings of agencies under their respective jurisdictions. The Interfederal Center for Equal Opportunities (UNIA) is responsible for promoting equal opportunity and combating discrimination and exclusion at any level (federal, regional, provincial, or local). The center enjoyed a high level of public trust, was independent in its functioning, and was well financed by the government.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

For companies with more than 50 employees, the law provides workers the right to form and join independent unions of their choice without previous authorization or excessive requirements, conduct legal strikes, and bargain collectively. Workers exercised these rights, and citizen and noncitizen workers enjoyed the same rights. Work council elections are mandatory in enterprises with more than 100 employees, and safety and health committee elections are mandatory in companies with more than 50 employees. Employers sometimes sought judicial recourse against associations attempting to prevent workers who did not want to strike from entering the employer’s premises.

The law provides for the right to strike for all public and private sector workers except the military. The law prohibits antiunion discrimination and employer interference in union functions, and the government protected this right. Trade union representatives cannot be fired for performing their duties and are protected against being fined by their employers; they are also entitled to regular severance payments.

The government generally enforced applicable laws. Resources, inspections, and remediation were adequate. Penalties were generally not sufficient to deter violations, as employers often paid fines rather than reinstate workers fired for union activity. At the same time, fines on workers for strike or collective bargaining actions often resulted in breaking strike movements. Administrative or judicial procedures related to trade unions were not longer than other court cases.

Freedom of association and the right to bargain collectively were inconsistently respected by employers. Worker organizations were generally free to function outside of government control. Unions complained that judicial intervention in collective disputes undermined collective bargaining rights.

In July a court sentenced an employer for abusive termination of four employees who went on strike without support from their trade union. The court highlighted that all employees are protected equally during a protest, regardless of the trade union position.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but such practices occurred. The government effectively enforced the law; resources, inspections, and remediation efforts were adequate. Legal penalties were sufficient to deter violations.

Instances of forced and compulsory labor included men who were forced to work in restaurants, bars, sweatshops, agriculture, construction, cleaning, and retail sites. Foreign victims were subjected to forced domestic service. Forced begging continued, particularly in the Romani community.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age of employment is 15. Persons between the ages of 15 and 18 may participate in part-time work/study programs and work full time up to a limited number of hours during the school year. The Ministry of Employment regulated industries that employ juvenile workers to ensure that labor laws were followed; it occasionally granted waivers for children temporarily employed by modeling agencies and in the entertainment business. Waivers were granted on a short-term basis and for a clearly defined performance or purpose that had to be listed in the law as an acceptable activity. The law clearly defines, according to the age of the child, the maximum amount of time that may be worked daily and the frequency of performances. A child’s earnings must be paid to a bank account under the name of the child, and the money is inaccessible until the child reaches 18 years of age.

There are laws and policies to protect children from exploitation in the workplace. The government generally enforced these laws with adequate resources, inspections, and penalties, although such practices reportedly occurred mainly in restaurants. Persons found in violation of child labor laws could face penalties sufficient to deter violations.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations related to employment or occupation prohibit discrimination based on race, sex, gender, disability, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status but permit companies to prohibit outward displays of religious affiliation, including headscarves (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/). The government effectively enforced these laws and regulations.

Penalties were not sufficient to deter violations. Some employers discriminated in employment and occupation against women, persons with disabilities, and members of certain minorities as well as against internal and foreign migrant workers. The government took legal action based on antidiscrimination laws. UNIA facilitated arbitration or other settlements in some cases of discrimination. Such settlements could involve monetary payments, community service, or other penalties imposed on the offender.

The Employment and Labor Relations Federal Public Service generally enforced regulations effectively. Trade unions or media sometimes escalated cases, and UNIA often took a position or acted as a go-between to find solutions or to support alleged victims in the courts.

The Federal Institute for the Equality of Men and Women is responsible for promoting gender equality and may initiate lawsuits if it discovers violations of equality laws. Most complaints received during the year were work related and most concerned the termination of employment due to pregnancy. Economic discrimination against women continued. According to Eurostat, women’s hourly wage rates were 6 percent less than those of their male colleagues in 2017. The law requires that one-third of the board members of publicly traded companies, but not private ones, be women.

The law requires companies with at least 50 employees to provide a clear overview of their compensation plans, a detailed breakdown by gender of their wages and fringe benefits, a gender-neutral classification of functions, and the possibility of appointing a mediator to address and follow up on gender-related problems.

e. Acceptable Conditions of Work

There is a monthly national minimum wage, and it is higher than the official estimate for poverty income level.

The standard workweek is 38 hours, and workers are entitled to four weeks of annual leave. Departure from these norms can occur under a collective bargaining agreement, but work may not exceed 11 hours per day or 50 hours per week. An 11-hour rest period is required between work periods. Overtime is paid at a time-and-a-half premium Monday through Saturday and at double time on Sundays. The Ministry of Labor and the labor courts effectively enforced these laws and regulations. The law forbids or limits excessive overtime. Without specific authorization, an employee may not work more than 65 hours of overtime during any one quarter.

The Employment and Labor Relations Federal Public Service generally enforced regulations effectively. Inspectors from both the Ministry of Labor and the Ministry of Social Security enforced labor regulations. These ministries jointly worked to ensure that standards were effectively enforced in all sectors, including the informal sector, and that wages and working conditions were consistent with collective bargaining agreements. Wage, overtime, and occupational safety violations were most common in the restaurant, construction, and logistics industries. Penalties were not sufficient to deter violations. Some employers still operated below legal standards.

A specialized governmental department created to fight the informal economy conducted investigations, mainly in the construction, restaurant and hotel, and cleaning sectors. Authorities may fine employers for poor working conditions but may also treat such cases as trafficking in persons.

Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment. The Employment and Labor Relations Federal Public Service protected employees in this situation.

Bhutan

Executive Summary

Bhutan is a democratic, constitutional monarchy. King Jigme Khesar Namgyel Wangchuck is the head of state, with executive power vested in the cabinet, headed by Prime Minister Lotay Tshering. In 2018 the country held its third general elections, in which approximately 71 percent of eligible voters cast their ballots. International election witnesses reported the elections were generally free and fair.

The Royal Bhutan Police (RBP) is responsible for internal security. The Royal Bhutan Army (RBA) is responsible for defending against external threats but also has responsibility for some internal security functions, including counterinsurgency operations, protection of forests, and security for prominent persons. The RBP reports to the Ministry of Home and Cultural Affairs, and the king is the supreme commander in chief of the RBA. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: political prisoners; criminal libel laws; restrictions on freedom of peaceful assembly and association; restrictions on domestic and international freedom of movement; trafficking in persons; and child labor.

The government took steps to identify, investigate, prosecute, and punish officials who committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Expression: Defamation can carry criminal penalties, and citizens were cautious in their expression, especially as it related to criticism of the royal family. Local contacts reported increased use of social media to raise complaints of official misconduct or abuse.

Press and Media, Including Online Media: Independent media were active and generally expressed a variety of views. The law does not provide specific protections for journalists or guarantee freedom of information, although there were no official restrictions on the media. The law also prohibits media outlets from supporting political parties and prohibits outlets from endorsing candidates during the election period. Journalists engaged in self-censorship, especially relating to the royal family, and were hesitant to criticize politicians with whom they had personal relationships. The government controlled the majority of media outlets, and there were barriers to the creation of private outlets.

Censorship or Content Restrictions: Public expression is generally free from censorship, although citizens often engage in self-censorship relating to the royal family. In 2017, legislation established an independent body, the Media Council, tasked with monitoring the media to determine what content is harmful or offensive. Freedom House’s Freedom in the World 2019 report noted “press advocates fear that the new body will further erode press freedom and contribute to greater self-censorship,” although the report noted there were no instances of this during the year.

Libel/Slander Laws: In its Freedom in the World 2019 report, Freedom House noted that individuals could use defamation laws to retaliate against critics.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government limited freedom of movement and repatriation. Freedom of movement was sometimes restricted based on the location of one’s permanent residence. Additionally, the government was generally reluctant to repatriate Nepali-speaking refugees who currently live outside of the country.

In-country Movement: The law establishes different categories of citizenship and determines whether a person may be granted a “route permit” to travel internally, which primarily affected foreigners married to a citizen and their children and those who were permitted to reside in the country to conduct business.

Foreign Travel: The law establishes different categories of citizenship under which foreign travel may be restricted. NGOs reported these restrictions primarily affected ethnic Nepalis, although children of single mothers who could not establish citizenship through a Bhutanese father also were affected. Citizens are required to obtain a security clearance certificate to obtain a passport.

Exile: In the early 1990s, the government reportedly forced between 80,000 and 100,000 Nepali-speaking residents to leave the country, following a series of decisions taken during the 1970s and 1980s establishing legal requirements for citizenship.

At the end of 2018, after years of international efforts resulting in the resettlement of thousands of refugees, UNHCR reported approximately 6,500 Nepali-speaking refugees remained in the two refugee camps it administered in Nepal.

There continued to be delays in government consideration of claims to Bhutanese citizenship by refugees in Nepal.

Citizenship: The law provides for revocation of the citizenship of any naturalized citizen who “has shown by act or speech to be disloyal in any manner whatsoever to the king, country, and people.” The law permits reapplication for citizenship after a two-year probationary period. The government may restore citizenship after successful completion of the probation and a finding that the individual was not responsible for any act against the government.

f. Protection of Refugees

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

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, but some refugees were eligible for residence permits.

The Central Tibetan Administration (CTA) reported that since the 1960s, the country had sheltered Tibetan refugees who were initially located in seven settlements. Tibetan officials reported the Tibetans had largely successfully integrated into society. According to the CTA’s 2017-18 annual report, the latest for which information is available, 1,847 Tibetan refugees lived in the country; approximately 1,654 of them had refugee resident permits. No records indicated any of these refugees held work permits. The Tibetan population was decreasing as Tibetan refugees adopted Bhutanese citizenship, according to the Department of Immigration.

Freedom of Movement: Tibetan refugees reportedly encountered difficulties traveling within and outside the country. Many Tibetan refugees faced obstacles in obtaining travel permits. There were also reports the government did not provide the travel documents necessary for Tibetan refugees to travel beyond India. Some restrictions on movement exist based on categories of citizenship, which have the greatest impact on Nepali-speaking citizens.

Employment: Reports suggested some Tibetan refugees could not obtain security clearances for government jobs or obtain licenses to run private businesses. While Tibetan refugees are not eligible for government employment, the CTA previously reported that at least 13 refugees received business licenses and others found public-sector employment under temporary government contracts.

Access to Basic Services: The government stated Tibetan refugees have the same access to government-provided health care and education as citizens, although some reports stated Tibetans could not enroll in higher education.

Durable Solutions: The government continued to delay implementing a process to identify and repatriate refugees with claims to Bhutanese residency or citizenship.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

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

Corruption: The government took an active role in addressing official corruption through the Public Accounts Committee in the National Assembly and the Royal Audit Authority, which monitored the use of government funds. The Anticorruption Commission (ACC) is authorized to investigate cases of official corruption and allows citizens to submit information to its website regarding corrupt practices. The constitution enables the ACC to act as an independent body although its investigative staff were primarily civil servants answerable to the Royal Civil Service Commission. Based on the UN Convention against Corruption, the 2011 Anticorruption Act expanded the mandate of the ACC to cover the private sector and enhanced the ACC’s investigatory powers and functions. The ACC has the authority to suspend the registration of civil society organizations under investigation and two suspensions were ongoing according to government figures.

The 2018 ACC report detailed 182 complaints of “abuse of functions,” 23 of embezzlement, seven of bribery, and 121 other related corruption offenses. Approximately one-fourth of corruption complaints were against government ministries, which saw a substantial increase in complaints from the prior year, while there was a reduction in complaints against local governments. The ACC forwarded 19 cases for investigation.

Financial Disclosure: The law requires public servants, and persons working for NGOs using public resources, their spouses, and dependents to declare their income, assets, and liabilities.

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

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views. According to international NGOs, local civil society organizations practiced self-censorship to avoid issues perceived as sensitive by the government. Sensitive issues included women’s rights and environmental issues, as well as issues related to the Nepali-speaking community. The government did not permit human rights groups established by the Nepali-speaking community to operate by categorizing them as political organizations that did not promote national unity (see section 2.b., Freedom of Association).

The United Nations or Other International Bodies: The government did not renew its agreement with the ICRC allowing it to make prison visits to persons detained for crimes against the security of the state after their agreement expired in 2013. The ICRC continued to engage with the government to facilitate prison visits for Bhutanese refugees living in Nepal.

Government Human Rights Bodies: The National Assembly Human Rights Committee conducted human rights research on behalf of the National Assembly. The Civil Society Organization (CSO) Authority has the legal authority to regulate civil society operations. Of the 51 registered CSOs, 41 were categorized as public-benefit organizations and 10 as mutual-benefit organizations. Two CSOs had ongoing registration suspensions pending ACC investigation.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions. Workers can form a union with the participation of at least 12 employees from a single workplace. There is no national trade union. The law does not mention the right to conduct legal strikes. Most of the country’s workforce engages in agriculture, a sector that is not unionized.

The law provides for the right of workers to bargain collectively with employers. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity. Violators may face misdemeanor charges and be compelled to pay damages.

The government effectively enforced applicable laws. Resources, inspections, and remediation were adequate, and penalties were sufficient to deter violations. The law grants workers the right to pursue litigation.

Freedom of association and the right to bargain collectively were respected, although there were few employee unions. No unions formed during the year.

According to a media report, there are two wage rates in the country: the national minimum wage rate, and the national work force wage rate. The national minimum wage rate applies to anyone working in the country irrespective of nationality. The national work force wage rate, which is higher, applies only to Bhutanese nationals. The country’s minimum wage when converted to a monthly income was above the poverty line.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor, but the government did not always effectively enforce applicable laws. The law makes exceptions with regard to prison labor, work that might be required during an emergency, and work required for “important local and public” celebrations. The law criminalizes trafficking for illegal, but not exploitative, purposes. Violations of the law with respect to worst forms of child labor, forced and compulsory labor, improvement notice, prohibition notice, nonpayment of compensation, minimum age of admission into employment, employing foreigners without permit, and not complying with permits issued by the government are felonies subject to three to five years’ imprisonment. Resources, inspections, and remediation were adequate, and penalties were sufficient to deter violations. In addition, labor inspectors often mediated cases of nonpayment of wages and passport withholding in lieu of civil or criminal investigations.

Some domestic servants working in private homes, including Indian children, where the Ministry of Labor and Human Resources lacks jurisdiction are victims of forced labor. Officials relied on citizens to report forced labor of domestics directly to police. In addition civil society reported traffickers exploited Bhutanese students in forced labor abroad, including through student-worker programs (see section 7.c).

Migrant workers from India who worked in the country’s construction and hydropower sectors and Indian women and girls who worked in domestic service or as caregivers were vulnerable to forced labor. The Ministry of Labor and Human Resources noted approximately 54,972 migrants worked in the country as of June 2018, mostly from India. The Ministry of Labor and Human Resources registered foreign migrant workers in the country, monitored working conditions, and produced and disseminated pamphlets advising workers of their rights, including full and prompt payment of wages and entitlement to retain personal identity documents. The UN Office of Drugs and Crime noted an increase in Indian child domestic workers in local homes, noting they were often brought in illegally and were hard to track. Young, rural citizens were transported to urban areas, generally by relatives, for domestic work, and some of these individuals were subjected to domestic servitude. Unconfirmed reports suggested that girls who worked as entertainers in drayungs (karaoke bars) were subjected to labor and sex trafficking through debt and threats of physical abuse.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for employment is 13, and the minimum age for hazardous work is 18. Children younger than age 18 are prohibited from working in dangerous occupations, including mining, construction, sanitary services, carpet weaving, or serving in bars.

While child labor laws were generally enforced, the Ministry of Labor and Human Resources reported that limited resources placed constraints on the number of inspections conducted and inspectors employed. Penalties included up to nine years’ of nonbailable imprisonment and were generally sufficient to deter violations.

Children performed agricultural and construction work, completed chores on family farms, or worked in shops and restaurants after school and during holidays. Child labor also occurred in hotels and automobile workshops. Girls were employed primarily as domestic workers, where they were vulnerable to abuse and exploitation.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination for employees and job applicants and prescribes equal pay for equal work. Nepal-based organizations representing refugees claimed that Nepali-speaking citizens were subject to discrimination with respect to employment and occupation (see section 6, National/Racial/Ethnic Minorities).

e. Acceptable Conditions of Work

The national minimum wage was greater than the national poverty level. The law defines the workday as eight hours per day with a one-hour lunch break, and employers are required to grant regular rest days; however, these laws were sometimes difficult to enforce. According to one media report, although the government extended maternity leave by three months in 2016, most organizations in the private sector had not implemented the new rule. Work in excess of the legal workday was mandated to be paid at 1.5 times the normal rate.

Government occupational safety and health standards are current and appropriate. Labor regulations grant workers the right to leave work situations that endanger their health and safety without jeopardy to their employment.

The government generally enforced minimum wage, work hours, and occupational health and safety standards, fines and imprisonment effectively in the formal sector. Such penalties generally were sufficient to deter violations. The number of labor inspectors was insufficient to cover the country’s industries. Labor regulations were not effectively applied in the informal sector.

Bosnia and Herzegovina

Executive Summary

Bosnia and Herzegovina (BiH) is a democratic republic with a bicameral parliament. Many governmental functions are the responsibility of two entities within the state, the Federation and the Republika Srpska (RS), as well as the Brcko District, an autonomous administrative unit under BiH sovereignty. The 1995 General Framework Agreement for Peace (the Dayton Accords), which ended the 1992-95 Bosnian war, provides the constitutional framework for governmental structures, while other parts of the agreement specify the government’s obligations to protect human rights and enable the right of wartime refugees and displaced persons to return to their prewar homes or be compensated for properties that cannot be restored to them. The country held general elections in October 2018. As of December, however, the election results had not been fully implemented, as the state-level government and two cantonal governments had not yet been formed. The Organization for Security and Cooperation in Europe’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR) reported that elections were held in a competitive environment but were characterized by continuing segmentation along ethnic lines. While candidates could campaign freely, ODIHR noted that “instances of pressure and undue influence on voters were not effectively addressed,” citing long-standing deficiencies in the legal framework. ODIHR further noted that elections were administered efficiently, but widespread credible allegations of electoral contestants manipulating the composition of polling station commissions reduced voter confidence in the integrity of the process. More than 60 complaints of alleged election irregularities were filed with the Central Election Commission.

State-level police agencies include the State Investigation and Protection Agency, the Border Police, the Foreigners Affairs Service (partial police competencies), and the Directorate for Police Bodies Coordination. Police agencies in the two entities (the RS Ministry of Interior and the Federation Police Directorate), the Brcko District, and 10 cantonal interior ministries also exercise police powers. The armed forces provide assistance to civilian bodies in case of natural or other disasters. The intelligence service is under the authority of the BiH Council of Ministers. An EU military force continued to support the country’s government in maintaining a safe and secure environment for the population. While civilian authorities maintained effective control of law enforcement agencies and security forces, a lack of clear division of jurisdiction and responsibilities between the country’s 16 law enforcement agencies resulted in occasional confusion and overlapping responsibilities.

Significant human rights issues included: significant problems with the independence of the judiciary; restrictions of free expression, the press, and the internet, including violence and threats of violence against journalists; significant government corruption; trafficking in persons; and crimes involving violence or threats of violence against members of national/ethnic/racial minorities and lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.

Units in both entities and the Brcko District investigated allegations of police abuse, meted out administrative penalties, and referred cases of criminal misconduct to prosecutors. Observers considered police impunity widespread, and there were continued reports of corruption within the state and entity security services. Ineffective prosecution of war crimes committed during the 1992-95 conflict continued to be a problem.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, but governmental respect for this right remained poor during the year. Intimidation, harassment, and threats, including an increased number of death threats, against journalists and media outlets continued during the year, while the majority of media coverage was dominated by nationalist rhetoric and ethnic and political bias, often encouraging intolerance and sometimes hatred. The absence of transparency in media ownership remained a problem.

Freedom of Expression: The country’s laws provide for a high level of freedom of expression, but the irregular and, in some instances, incorrect implementation and application of the law seriously undermined press freedoms. The law prohibits expression that provokes racial, ethnic, or other forms of intolerance, including “hate speech,” but authorities did not enforce these restrictions.

Data from the Free Media Help Line (FMHL) indicated that courts continued to fail to differentiate between different media genres (in particular, between news and commentary), while long court procedures and legal and financial battles were financially exhausting to journalists and outlets. The FMHL concluded that years of incorrectly implementing the law had caused direct pressure against journalists and media and that such pressure jeopardized journalists’ right to freedom of expression.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction, but sometimes this resulted in pressure or threats against journalists. The law prohibiting expression that provokes racial, ethnic, or other forms of intolerance applies to print and broadcast media, the publication of books, and online newspapers and journals but was not enforced.

Political and financial pressure on media outlets continued. Some media outlets noted that allegations of tax evasion and elaborate financial controls continued to be powerful tools in attempts to intimidate and control outlets. The number of physical attacks against journalists increased during the year.

Attacks on journalists’ professional integrity and freedom of the press continued to grow throughout the year. On a number of occasions, public officials obstructed the work of journalists. During one weekend in February, for example, the FMHL registered three such incidents. In one of the incidents in Banja Luka, police stopped journalists from E-Trafika and Dnevni Avaz, who were clearly displaying press credentials, from reporting on the “Justice for David” protests there.

The practice of pressuring journalists to censor their reporting continued during the year as well. Investigative stories on corruption in the country’s judicial sector focusing on high-level officials resulted in additional pressure on journalists. In June, for example, the BiH Prosecutor’s Office issued a threatening press release announcing that it was opening a case to investigate the motives of persons disseminating negative reports in the media about their work. The BiH Journalists Association (BH Journalists) strongly criticized the statement. In April the country’s chief prosecutor, Gordana Tadic, told investigative journalists that they were to run their stories, accompanied by supporting evidence, by prosecutors or police offices before publishing them. This “advice” came after prosecutors questioned journalists who wrote high-profile investigative stories about fake university diplomas and alleged Croatian intelligence activities in the country.

Authorities continued exerting pressure on media outlets to discourage some forms of expression, and party and governmental control over a number of information outlets narrowed the range of opinions represented in both entities. Public broadcasters remained under strong pressure from government and political forces due to a lack of long-term financial stability. Public broadcasters remained exposed to political influence, especially through politically controlled steering boards. These factors limited their independence and resulted in news that was consistently subjective and politically biased.

The Public Broadcasting System consists of three broadcasters: nationwide radio and television (BHRT) and the entity radio and television broadcasters RTRS and RTV FBiH. The law on the public broadcasting system is only partially implemented and entity laws are not in line with state level law. Public broadcasters continued to be in a difficult financial situation, primarily due to the lack of an efficient, unified, and stable system of financing.

The institutional instability of the governing structures of RTV FBiH continued, as the broadcaster failed to elect a steering board or appoint organizational management and remained open to political influence. As a result, RTV FBiH continued to demonstrate political bias and a selective approach to news.

The RS government continued directly to control RTRS, which demonstrated strong support for the ruling political parties in the RS. The BHRT, which previously had a reputation for being balanced and nonbiased, caved to increased political pressure and censored its own reporting. Authorities remained subject to competing political interests and failed to establish a public broadcasting Service Corporation to oversee the operations of all public broadcasters in the country as provided by law.

Violence and Harassment: Intimidation and threats against journalists continued during the year. Cases of violence and death threats against journalists were recorded as well. Intimidation and politically motivated litigation against journalists for their unfavorable reporting on government leaders and authorities also continued.

As of August the FMHL recorded 37 cases involving violations of journalists’ rights and freedoms, five death threats, and six physical assaults. According to data from BH Journalists covering the period from 2006 to 2019, authorities prosecuted approximately 30 percent of criminal acts reported against journalists and investigated more than one-third of alleged violations of journalists’ rights.

On March 28, for example, Huso Cesir, the head of the municipal council of Novi Grad in Sarajevo, shoved and verbally harassed Adi Kebo, a cameraman at the online news magazine Zurnal, while he was filming the entrance to Cesir’s company as part of an investigation into the politician’s business dealings. Cesir’s son joined his father and also harassed Kebo, briefly taking Kebo’s camera. Kebo sustained light injuries and his camera was damaged during this attack. BH Journalists reacted and strongly condemned the attack, while Party for Democratic Action (SDA) leaders made light of it, stating that Cesir attacked the camera, not the cameraman. Sarajevo Canton police filed a case with the canton prosecutor.

Early in the year, journalists at TV Sarajevo, the public television service of Sarajevo Canton, complained they were frequently censored and harassed by their SDA-allied management and reported the case to the FMHL. In February a former TV Sarajevo employee set fire to the car of the then director of the station. The director, Edina Fazlagic, blamed false accusations about the station’s employment policies for triggering the attack. The SDA condemned the attack, calling it political pressure against press freedom. In March, BH Journalists issued a press release condemning political pressures against TV Sarajevo. The FMHL contacted the Ombudsman and cantonal labor inspector concerning the alleged violation of TV Sarajevo’s employees’ rights, which the labor inspector ultimately confirmed. Following a political reshuffle, the Sarajevo Canton government–now formed without the SDA–made Kristina Ljevak the acting director of the station in May. The SDA strongly criticized her decisions, and right-oriented web portals took issue with her ethnic background and questioned her suitability for the position, as she had spent the war in the RS. An SDA member of the Sarajevo Canton Assembly, Samra Cosovic Hajdarevic, referring to Ljevak’s appointment, commented on Facebook that Muslim names in important positions were being replaced with other ones. The comment sparked strong reactions from media professionals, who condemned it as discriminatory, while the multiethnic Social Democratic Party and Democratic Front party condemned it as hate speech.

On July 12, the Banja Luka District Court convicted Marko Colic, one of the attackers in the 2018 attack on journalist Vladimir Kovacevic. Kovacevic, a BNTV journalist based in Banja Luka, was severely beaten as he came home after covering a protest. Colic was sentenced to four years in prison. The second attacker, identified as Nedeljko Dukic, was never apprehended. Journalist associations continued to assert that this unresolved case had a chilling effect on press freedom in the country.

Censorship or Content Restrictions: Multiple political parties and entity-level institutions attempted to influence editorial policies and media content through legal and financial measures. As a result, some media outlets practiced self-censorship.

In some instances, media sources reported that officials threatened outlets with loss of advertising or limited their access to official information. Prevailing practices reflected close connections between major advertisers and political circles and allowed for biased distribution of advertising time. Public companies, most of which were under the control of political parties, remained the key advertisers. Outlets critical of ruling parties claimed they faced difficulties in obtaining advertising.

Libel/Slander Laws: While the country has decriminalized defamation, a large number of complaints continued to be brought against journalists, often resulting in extremely high monetary fines. Noteworthy court decisions against journalists included temporary bans on the posting or publication of certain information as well as very high compensatory payments for causing “mental anguish.”

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights, but some restrictions remained. Although the legislation on asylum provides for freedom of movement for asylum seekers, authorities of Una-Sana Canton imposed restrictions without a due legal basis. This resulted in asylum seekers–including some who were duly registered–being forcibly disembarked from public transports at the entrance of the canton territory and being prevented from using buses and taxis within the canton. Groups of asylum-seekers and migrants were regularly marched involuntarily from Bihac to a location several kilometers away, where their movements were limited. The location itself offers very poor humanitarian and safety conditions. UNHCR’s legal aid partner legally challenged these restrictions.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of asylum (refugee or subsidiary protection status), and the government has established a system for providing protection to refugees. Asylum seekers with pending claims have a right to accommodation at the asylum center until the Ministry of Security makes a final and binding decision on their claims. Provision of adequate accommodation remained one of the biggest challenges since the beginning of 2018 due to increased arrivals of asylum seekers. It was common practice for some migrants to apply for asylum in order to gain access to temporary benefits and services, even if they had no plans to remain in the country. The increase of arrivals delayed registration procedures and access to rights and services, including legal, medical, and basic needs such as food and basic hygiene facilities and items, which were tied directly to the accommodation facilities.

According to an AP press service report, on October 24, the International Red Cross issued a statement warning of an imminent “humanitarian catastrophe” at one particular site, overcrowded makeshift migrant camp near the country’s border with Croatia. According to the statement, migrants in the Vucjak camp had no running water, no electricity, no usable toilets, and leaking overcrowded tents for the 700 persons there. The statement noted there were persons living in the camp with untreated broken limbs, and 70 percent of the population had scabies. The camp had only 80 tents and five volunteers from the country’s Red Cross Society. According to the report, local authorities restricted the camp’s water supplies in an effort to pressure the BiH government to relocate the migrants.

In official migrant centers, international organizations, NGOs, volunteers, or local actors provided services on an ad hoc basis. In May 2018 an additional facility, the Salakovac Refugee Reception Center, was opened for the accommodation of asylum seekers. Five temporary reception centers for refugees, asylum-seekers, and migrants were opened and managed by the International Organization for Migration in cooperation with the Service for Foreigners’ Affairs (four in Una-Sana Canton and one near Sarajevo). Nevertheless, adequate shelter capacity was still lacking, in particular for families, unaccompanied and separated minors, and other vulnerable categories. The swift processing of asylum claims was another area of concern, as there were many obstacles to registering an asylum claim, including the obligation for asylum seekers not accommodated in an official government-run center to register their address. While the situation improved over the course of the year, the Sector for Asylum still lacked resources to ensure that applicants had full and timely access to asylum procedures. In addition, asylum authorities lacked sufficient personnel, making the asylum process very lengthy and discouraging refugees from seeking asylum in the country.

Asylum seekers have the right to appeal a negative decision before the Court of BiH. The system for providing protection to refugees seeking asylum continued to suffer from a lack of transparency.

Authorities appeared to have stopped their previous practice of placing foreigners with irregular status or without documentation in immigration detention centers and issuing expulsion orders without giving asylum seekers the ability to present applications. The change came with the increase of new arrivals in 2018 and 2019. In the past, the Service for Foreigners’ Affairs held asylum seekers for 90 days, the maximum initial holding period prescribed by law. Detention decisions were issued in the Bosnian/Croatian/Serbian languages while, according to the Service for Foreigners’ Affairs, individuals were informed of the content of the decision orally with the assistance of an interpreter. A foreigner may appeal a decision on detention within three days from the date it is issued. Many asylum seekers did not receive legal aid within this timeframe and subsequently told the Office of the UN High Commissioner for Refugees (UNHCR) that they were not informed of this possible remedy.

UNHCR paid ad hoc visits to the Immigration Center of the Service for Foreigners’ Affairs, where foreigners were detained. UNHCR’s main concern with regard to the center was the difficulty experienced by legal aid NGOs that wanted to access it on a regular basis and the fact that authorities occasionally detained families with children there, pending their voluntary readmission to countries of origin.

According to UNHCR, authorities held several individuals seeking asylum at the Immigration Center during the first eight months of the year. Information on the right to seek asylum was not readily available to potential asylum seekers in the center. UNHCR expressed concern that foreigners in detention might not have access to asylum procedures and that authorities might prematurely return some potential asylum seekers under readmission agreements before they had been afforded an opportunity to file a claim for asylum. In addition, some provisions of the BiH legislation on extradition gives authorities the possibility of extraditing a person who has expressed the intention to seek asylum if the request was made after the country had received an extradition request. In addition, UNHCR reported that applicants for refugee status did not have sufficient legal assistance; that there were no clear standards of proof or methods of assessing the credibility of claims, including country of origin; and that guidelines for determining whether there was a risk of persecution were unduly strict.

Safe Country of Origin/Transit: The law provides for the application of the concept of “safe country of origin or safe third country.” Under this provision, authorities may deny asylum to applicants who cannot prove they were unable to return to their country of origin or to any country of transit. The application of this concept would require a list of safe third countries and countries of origin to be made by the BiH Council of Ministers.

Durable Solutions: The laws provide a program for integration and return of refugees and displaced persons. The country was party to a regional housing program funded by international donors and facilitated in part by UNHCR and the OSCE to provide durable solutions for up to 74,000 refugees and displaced persons from four countries in the region, including 14,000 of the most vulnerable refugees, returnees, and IDPs from the country. The process of selecting program beneficiaries was protracted due to capacity and management problems that resulted in extended delays in the reconstruction of homes. Fragmented institutional arrangements added administrative delays to the process, as did the political imperative to select beneficiaries proportionally from among the country’s constituent peoples.

Temporary Protection: The government provided subsidiary protection status to individuals who may not qualify as refugees. In the first seven months of the year, authorities provided subsidiary protection to 17 individuals and extended existing subsidiary protection to four others.

Section 3. Freedom to Participate in the Political Process

The constitution and the law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Observers noted a number of shortcomings, however.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively nor prioritize public corruption as a serious problem. Courts have not processed high-level corruption cases, and in most of the finalized cases, suspended sentences were pronounced. Officials frequently engaged in corrupt practices with impunity, and corruption remained prevalent in many political and economic institutions. Corruption was especially prevalent in the health and education sectors, public procurement processes, local governance, and in public administration employment procedures.

While the government has mechanisms to investigate and punish abuse and corruption, but political pressure often prevented the application of these mechanisms. Observers considered police impunity widespread, and there were continued reports of corruption within the state and entity security services. There are internal affairs investigative units within all police agencies. Throughout the year, mostly with assistance from the international community, the government provided training to police and security forces designed to combat abuse and corruption and promote respect for human rights. The field training manuals for police officers also include ethics and anticorruption training components.

Corruption: While the public viewed corruption as endemic in the public sphere, there was little public demand for the prosecution of corrupt officials. The multitude of state, entity, cantonal, and municipal administrations, each with the power to establish laws and regulations affecting business, created a system that lacked transparency and provided opportunities for corruption. The multilevel government structure gave corrupt officials multiple opportunities to demand “service fees,” especially in the local government institutions.

Analysts considered the legal framework for prevention of corruption to be satisfactory across almost all levels of government and attributed the absence of high-profile prosecutions to a lack of political will. Many state-level institutions tasked with fighting corruption, such as the Agency for Prevention and Fight against Corruption, had limited authority and remained under resourced. There were indications that the judiciary was under political influence, and the High Judicial and Prosecutorial Council was at the center of corruption scandals, including allegations that the president of the council accepted a bribe in exchange for interfering in a case. The accountability of judges and prosecutors was low, and appointments were often not merit based. Prosecutions also were considered generally ineffective and subject to political manipulation, often resulting in suspended sentences or prison sentences below mandatory minimum sentences. Authorities reported that, in the previous five years, 84 indictments were filed against high-ranking public officials, of whom 38 were found guilty.

Gathering evidence to prove corruption has been seriously impeded as of 2018, when the Constitutional Court ruled unconstitutional certain provisions in the BiH state law that governs special investigative measures. The BiH parliament adopted amendments to Criminal Procedure Code that define the crimes for which special investigative measures may be applied and regulate the granting of immunity to witnesses and the duration of investigations in line with the ruling of the Constitutional Court. The RS also amended part of the Criminal Procedure Code to define the crimes for which special investigative measures may be ordered.

According to professors and students, corruption continued at all levels of the higher education system. Professors at a number of universities reported that bribery was common and that they experienced pressure from colleagues and superiors to give higher grades to students with family or political connections. There were credible allegations of corruption in public procurement, public employment, and health-care services.

Financial Disclosure: Candidates for high-level public office, including for parliament at the state and entity levels and for the Council of Ministers and entity government positions, are subject to financial (assets/liabilities and income) disclosure laws, although observers noted the laws fell short of standards established by the Organization for Economic Cooperation and Development and other international organizations. The Central Election Commission received financial reports of elected officials, while the Conflict of Interest Commission within the BiH parliament receives financial reports and retains records on public officials. Both institutions lacked authority to verify the accuracy of declarations, and it was believed that public officials and their relatives often declared only a fraction of their total assets and liabilities. Authorities generally failed to make financial disclosure declarations public, using as an excuse the conflicts between the laws on financial disclosure and protection of personal information.

Failure to comply with financial disclosure requirements is subject to administrative sanctions. During the year the Conflict of Interest Commission had no cases as the mandate of parliamentary members expired, and new members were not appointed. A new government in Sarajevo Canton made positive steps in the fight against corruption by adopting legislation on the verification of assets of public officials. The government also adopted a decree on public procurement, which introduces anticorruption measures to regulate these processes.

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

A variety of human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were seldom cooperative and responsive to their views, and the Council of Ministers still largely excluded NGOs from politically important or sensitive decisions. NGOs continued, however, to expand cooperation with the government at lower levels.

Government officials in both the Federation and the RS attempted at times to limit NGO activities. Observers noted that some civil society representatives working on highly sensitive issues such as war crimes and combatting corruption have been subjected to threats and verbal assaults. Several NGOs in the RS reported being pressured by local authorities while subject to protracted tax inspections, sometimes lasting up to six months. NGOs can only be involuntarily dissolved if found in violation of the law.

Civil society organizations frequently lacked adequate funding, and most were dependent on either governmental or international assistance. Local governments generally extended support to NGOs, provided the governing parties did not consider them threats.

The United Nations or Other International Bodies: In contrast to Federation and Brcko District governments, the RS government was noncooperative and unresponsive in dealing with the Office of the High Representative created by the Dayton Accords and given special executive powers in the country.

Government Human Rights Bodies: The state-level Ombudsman has authority to investigate alleged violations of the country’s human rights laws on behalf of individual citizens and to submit legally nonbinding recommendations to the government for remedy. Members of the international community noted that the Ombudsman lacked the resources to function effectively and had to contend with disagreements between representatives of the country’s three constituent peoples over what constitutes a human rights violation, which sometimes caused disagreements within the institution. A Bosniak, a Croat, and a Serb shared leadership of the Ombudsman Institution.

The state-level parliament has a Joint Commission for Human Rights that participated in human rights-related activities with governmental and nongovernmental organizations. Due to delays in government formation at the state level, the commission had not been formed during the year.

In January the government began implementing a 2017 cooperation agreement between the Council of Ministers and NGOs by adopting a decision to establish an advisory body for cooperation with NGOs. The decision foresees the appointment of five members by the Council of Ministers at the proposal of the Ministry of Justice.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

Federation and RS labor laws provide for the right of workers in both entities to form and join independent unions, bargain collectively, and conduct legal strikes. Employers in the private sector did not always respect these rights. The law prohibits antiunion discrimination but does not provide adequately for enforcement of these protections. The labor inspectorates and courts did not deal effectively with employees’ complaints of antiunion discrimination. Unions themselves have complained that their own union leaders have been co-opted by the company and politicians, and that they mostly protect their own privileges. The law prescribes reinstatement of dismissed workers in cases where there is evidence of discrimination, whether for union activity or other reasons. Entity-level laws in the Federation and the RS prohibit the firing of union leaders without prior approval of their respective labor ministries.

The law in both entities and in the Brcko District provides for the right to strike. The law in the Federation contains burdensome requirements for workers who wish to conduct a strike. Trade unions may not officially announce a strike without first reaching an agreement with the employer on which “essential” personnel would remain at work. Authorities may declare the strike illegal if no agreement is reached. This provision effectively allowed employers to prevent strikes. Laws governing the registration of unions give the minister of justice powers to accept or reject trade union registration on ambiguous grounds. According to informal estimates, approximately 40 percent of the work force was unregistered and working in the informal economy.

The lack of workers’ rights was more pronounced in the private sector largely due to weaker unions in the private sector and to the broad and pronounced weakness of the rule of law.

The government did not effectively enforce all applicable laws. Authorities did not impose sanctions against employers who prevented workers from organizing. Inspections related to worker rights were limited. Ministry inspectors gave low priority to violations of worker rights; state officials focused instead on bolstering revenues by cracking down on unregistered employees and employers who did not pay taxes. Some unions reported that employers threatened employees with dismissal if they joined a union and, in some cases, fired union leaders for their activities. Entity-level penalties for violations included monetary fines that were insufficient to deter violations. Judicial procedures were subject to lengthy delays and appeals.

Authorities and employers generally respected freedom of association and the right to collective bargaining. The governments and organizations of employers and workers in both entities negotiated general collective agreements establishing conditions of work, including in particular private employers. It was not confirmed that all employers recognized these agreements. Trade union representatives alleged that antiunion discrimination was widespread in all districts.

b. Prohibition of Forced or Compulsory Labor

Adequate legislation exists at the state level and in the RS and the Brcko District criminalizing forced or compulsory labor while Federation laws do not criminalize all forced labor activities. The government did not enforce the law effectively, but there was little verified evidence that forced labor occurred in the country due to the limited number of inspections into forced labor allegations. Penalties for violations were generally sufficient to deter violations.

The prosecution of 13 BiH nationals for collusion in forced labor involving 672 victims of forced labor in Azerbaijan in 2015 continued in BiH court. The government failed to prosecute organized crime syndicates that forced Romani children to beg on the streets, alleging that it was Romani custom to beg. There were reports that individuals and organized crime syndicates trafficked men, women, and children for begging and forced labor (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment of children in both entities is 15; minors between the ages of 15 and 18 must provide a valid health certificate to work. RS and Brcko District laws penalize employers for hiring persons younger than age 15. The labor codes of the Federation, the RS, and the Brcko District also prohibit minors between the ages of 15 and 18 from working at night or performing hazardous labor, although forced begging is not considered a hazardous task for all entities. The law prohibits the worst forms of child labor. Entity governments are responsible for enforcing child labor laws, and both entities and the Brcko District enforced them. Boys and girls were subjected to forced begging and involuntary domestic servitude in forced marriages. Sometimes forced begging was linked to other forms of human trafficking. In the case of Romani children, family members or organized criminal groups were usually responsible for subjecting girls and boys to forced begging and domestic servitude in forced marriages. Several of the worst forms of child labor occurring in the country included the use of children for illicit activities, commercial sexual exploitation of children, and the use of children for the production of pornography (see section 6, Children).

During the year the government did not receive reports of child labor at places of employment. Neither entity had inspectors dedicated to child labor inspections; authorities investigated violations of child labor laws as part of a general labor inspection. The labor inspectorates of both entities reported that they found no violations of child labor laws, although they did not conduct reviews of children working on family farms. The government did not collect data on child labor because there were no reported cases. The general perception among officials and civil society was that the exploitation of child labor was rare. RS law imposes fines for employing children younger than 16, but the law does not specify the exact monetary amount. Penalties were usually sufficient to deter violations.

NGOs running day centers in Banja Luka, Tuzla, Mostar, Bijeljina, Bihac, and Sarajevo in cooperation with the country’s antitrafficking coordinator continued to provide services to at-risk children, many of whom were involved in forced begging on the streets.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations related to employment or occupation prohibit discrimination based on race, ethnicity, sex, gender, age, disability, language, sexual orientation or gender identity, HIV-positive status, other communicable diseases, social status (including refugee status), religion, and national origin. The government generally enforced these laws and regulations effectively. Penalties were sufficient to deter violations.

Discrimination in employment and occupation occurred with respect to race, gender, disability, language, ethnicity, sexual orientation and gender identity, HIV-positive status, and social status (see section 6).

e. Acceptable Conditions of Work

Although the monthly minimum wage in both entities is above the official poverty income level, more than 30 percent of the population was exposed to the risk of income poverty. The Brcko District did not have a separate minimum wage or an independent pension fund, and employers typically used the minimum wage rate of the entity to which its workers decided to direct their pension funds.

The legal workweek in both entities and the Brcko District is 40 hours, although seasonal workers may work up to 60 hours. The law limits overtime to 10 hours per week in both entities. An employee in the RS may legally volunteer for an additional 10 hours of overtime in exceptional circumstances. The Federation has no provision for premium pay, while the RS requires a 30-percent premium. Laws in both entities require a minimum rest period of 30 minutes during the workday.

Employees may choose which holidays to observe depending on ethnic or religious affiliation. Entity labor laws prohibit excessive compulsory overtime. The entities and the Brcko District did little to enforce regulations on working hours, daily and weekly rest, or annual leave.

The Federation Market Inspectorate, the RS Inspectorate, and the Brcko District Inspectorate are responsible for the enforcement of labor laws in the formal economy. Authorities in the two entities and the Brcko District did not effectively enforce labor regulations. The penalties for wage and safety violations were generally sufficient to deter violations. The number of inspectors was insufficient to deter violations.

The Federation and the RS set mandatory occupational health and safety standards, especially for those industry sectors where working conditions were hazardous. Worker rights extended to all official (i.e., registered) workers, including migrant and temporary workers.

Governments in both entities made only limited efforts to improve occupational safety and health at government-owned coal mines; such efforts were inadequate for the safety and security of workers. Workers in certain industries, particularly metal and steel processing and coal mining, often worked in hazardous conditions. There were no official social protections for workers in the informal economy.

Workers could not remove themselves from situations that endanger their health or safety without jeopardizing their employment. Authorities provided no protection to employees in this situation.

Botswana

Executive Summary

Botswana is a constitutional, multiparty, republican democracy. Its constitution provides for the indirect election of a president and the popular election of a National Assembly. The Botswana Democratic Party (BDP) won a majority in the October parliamentary elections, returning President Mokgweetsi Masisi to office for a five-year term and maintaining the party’s control on government that it has held since independence in 1966. The vote was generally considered free and fair by outside observers.

The Botswana Police Service (BPS), which reports to the Ministry of Defense, Justice, and Security, has primary responsibility for internal security. The Botswana Defense Force, which reports to the president through the minister of defense, justice, and security, is responsible for external security and has some domestic security responsibilities. The Directorate for Intelligence and Security Services (DISS), which reports to the Office of the President, collects and evaluates external and internal intelligence, provides personal protection to high-level government officials, and advises the presidency and government on matters of national security. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: the existence of criminal slander laws, and corruption.

The government took steps to prosecute officials who committed abuses. Impunity was generally not a problem.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech and press.

Freedom of Expression: The law restricts the speech of some government officials and fines persons found guilty of insulting public officials or national symbols. The law states, “Any person in a public place or at a public gathering (who) uses abusive, obscene, or insulting language in relation to the president, any other member of the National Assembly, or any public officer” is guilty of an offense and may be fined up to 400 pula ($37). The penal code also states that any person who insults the country’s coat of arms, flag, presidential standard, or national anthem is guilty of an offense and may be fined up to 500 pula ($47). There were no arrests or convictions under this law during the year.

Press and Media, Including Online Media: In a break from his predecessor, President Masisi initiated a productive relationship with media. He continued to hold press conferences and has repeatedly assured journalists of his respect for their role in a healthy democracy.

The government dominated domestic broadcasting. The government owned and operated the Botswana Press Agency, which dominated the print media through its free, nationally distributed newspaper, Daily News, and two state-operated FM radio stations. State-owned media generally featured reporting favorable to the government and, according to some observers, were susceptible to political interference. Opposition political parties claimed state media coverage heavily favored the ruling party.

Independent media were active and generally expressed a wide variety of views, which frequently included strong criticism of the government; however, media members complained they were sometimes subject to government pressure to portray the government and country in a positive light. Private media organizations had more difficulty than government-owned media obtaining access to government-held information.

The 2008 Media Practitioner’s law mandates registration of media outlets and journalists with a statutory body and has been criticized by human rights and press freedom NGOs, although it has never been implemented. In April an opposition parliamentarian proposed repealing the law, but the repeal was voted down in parliament on a party-line vote.

Censorship or Content Restrictions: Some members of civil society organizations stated the government occasionally censored stories it deemed undesirable in government-run media. Government journalists sometimes practiced self-censorship.

Libel/Slander Laws: There were no arrests for slander during the year. Nevertheless, the law states, “Any person in a public place or at a public gathering (who) uses abusive, obscene, or insulting language in relation to the president, any other member of the National Assembly, or any public officer” is guilty of an offense. The penal code also states that any person who insults the country’s coat of arms, flag, presidential standard, or national anthem is guilty of an offense. The government in 2014 arrested an editor and charged him with sedition for publishing articles regarding an alleged automobile accident involving then president Khama. In 2018 the government dropped the charges, but the courts did not rule on the constitutionality of the sedition clause.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of assembly and association, and the government generally respected these rights, although there were some restrictions on the ability of labor unions to organize (see section 7.a.).

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. A number of Namibians, whose refugee status was revoked in 2015, sued the government for restoration of their refugee status. In July the Court of Appeal ruled the Namibian refugees should be repatriated back to their country of origin, finding a lower court erred in granting them an order to stay in the country. In September the roughly 800 Namibians were deported back to Namibia following an agreement between the Office of the UN High Commissioner for Refugees (UNHCR) and the governments of Namibia and Botswana.

The government generally cooperated with UNHCR and other humanitarian organizations.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The system for granting refugee status was accessible but slow. The government generally provided protection against the expulsion or return of persons 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.

The government held refugees and asylum seekers in the FCII until the Refugee Advisory Committee, a governmental body, made a status recommendation. The committee met quarterly during the year. UNHCR representatives participated in advisory committee meetings as observers and technical advisers.

Safe Country of Origin/Transit: The government applies the principle of first country of asylum; on that basis in previous years it detained individuals, many of whom had refugee status in a third country and then claimed asylum.

Employment: In February UNHCR reported that most of the country’s 2,334 registered refugees were living in Dukwi Camp without the right to work outside the camp. As a general policy, all registered refugees must reside in Dukwi under a strict encampment policy, although the government may issue a residence permit to remain outside the camp in exceptional cases, such as for refugees enrolled at a university, in need of specialized medical care, or with unique skills.

Access to Basic Services: Refugees in Dukwi had access to education and basic health care. They were unable to access government programs for HIV/AIDS medication, but the government allowed an international donor-funded parallel program to provide such medication. UNHCR facilitated refugee and asylum seekers’ exit permit applications for medical referrals as necessary. Officials typically granted exit permits for three days; refugees found outside the camp without a permit were subject to arrest.

International observers noted there was no access to education in the FCII, which as of August 2018 housed 61 children. The center hosts a clinic, and a specialized nurse provides basic health care, while critical cases are referred to the Francistown city hospital.

Temporary Protection: The government provided temporary protection at Dukwi to individuals who may not qualify as refugees under the 1951 UN Refugee Convention or its 1967 Protocol. UNHCR provided food and other provisions to individuals under temporary protection.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally sought to implement these laws effectively. Officials tasked with enforcement lacked adequate training and resources, however. Media reports of government corruption continued during the year. There were numerous reports of government corruption. A poll during the year by Transparency International found that 7 percent of those polled had paid bribes to government officials. This number was growing from the 1 percent who reported paying bribes in a 2015 poll.

Corruption: In January the country’s former chief of DISS was arrested as part of an ongoing investigation of alleged embezzlement at the National Petroleum Fund, according to press reports. In September President Masisi suspended his personal secretary after he was charged with abuse of office, money laundering, and receiving bribes.

Financial Disclosure: In August parliament passed a bill on declaration of assets and liabilities. A 2009 presidential directive requires all cabinet ministers to declare their interests, assets, and liabilities to the president.

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

The small number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to domestic NGO views on most subjects. The government interacted with and provided financial support to some domestic organizations.

Government Human Rights Bodies: An ombudsman within the Office of the President handled complaints of maladministration, including some human rights abuses in the public sector, and the government generally cooperated with the ombudsman. The Office of the Ombudsman had inadequate staff, however. In July 2018 the African Commission on Human and Peoples’ Rights encouraged the government to enhance the autonomy and financial independence of the ombudsman.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers–except police, military, and prison personnel–to form and join independent unions and to bargain collectively. Some workers are provided the right to strike. The law allows registered unions to conduct their activities without interference and with protection from antiunion discrimination.

The law limits the right to organize. Police, military, and prison personnel belong to employee associations to communicate collective needs and concerns to their government employer. Union representatives reported employee associations were generally not as effective as unions in resolving labor disputes.

Trade unions failing to meet formal registration requirements are automatically dissolved and banned from carrying out union activities. The law does not protect members of unregistered trade unions and does not fully protect union members from antiunion discrimination. This means that those trying to establish, join, or register a trade union are not protected from antiunion discrimination. The law imposes a number of substantive requirements on the constitutions and rules of trade unions and federations of trade unions. The law also authorizes the registrar to inspect accounts, books, and documents of a trade union at “any reasonable time” and provides the minister of defense, justice, and security with the authority to inspect a trade union “whenever he considers it necessary in the public interest.” It also allows the registrar or attorney general to apply for an order to restrain any unauthorized or unlawful expenditure of funds or use of any trade union property. Employers and employer associations have the legal right to ask the registrar to withdraw recognition of a union, and the Ministry of Employment, Labor Productivity, and Skills Development has the right to suspend a union if it is “in the public interest,” although the former practice was uncommon and the latter has never been employed. Any person acting or purporting to act as an officer of a trade union or federation that fails to apply for registration within 28 days of its formation is subject to sanctions.

The law provides for collective bargaining only for unions that have enrolled at least one-third of a sector’s workforce. The law does not allow employers or employers’ organizations to interfere in the establishment, functioning, or administration of trade unions. The law provides a framework for either employers or unions to nullify collective bargaining agreements and provides a mechanism for the other party to dispute the nullification. The law also permits an employer or employers’ organization to apply to the government to withdraw the recognition granted a trade union if it establishes that the trade union refuses to negotiate in good faith with the employer.

The law prohibits employees providing “essential services” from striking. In August the National Assembly passed legislation limiting the sectors covered by this prohibition in line with a recommendation from the International Labor Organization. The law limits its definition of essential services to aviation, health, electrical, water and sanitation, fire, and air traffic control services.

The law empowers two officials within the Ministry of Employment, Labor Productivity, and Skills Development (the minister and the commissioner of labor) to refer a dispute in essential services to arbitration or to the Industrial Court for determination.

Civil service disputes are referred to an ombudsman for resolution, and the ombudsman generally made decisions without government interference. Labor commissioners mediate private labor disputes, which, if not resolved within 30 days, may be referred to the Industrial Court.

Workers who are members of registered unions may not be terminated for legal union-related activities. Dismissals may be appealed to civil courts or labor officers, which have rarely ordered payment of more than two months’ severance pay. The law does not provide for reinstatement of workers, but a judge may order reinstatement if the termination is deemed to be related to union activities. The law does not provide protection to public employees’ organizations from acts of interference by public authorities in their establishment or administration.

The government generally did not respect freedom of association for workers. In addition, the government placed significant barriers to union organizing and operations, and there were some restrictions on the right to collective bargaining. Workers exercised the right to form and join unions, and employers generally did not use hiring practices to avoid hiring workers with bargaining rights.

The law severely restricts the right to strike, and strikes were rare. When unions followed legal requirements and exhausted arbitration and notified the government in advance of a planned strike, the government permitted strikes and did not use force on strikers. Due to strike requirements, however, many strikes were ruled illegal, and striking workers often risked dismissal. The law prohibits sympathy strikes. Compulsory arbitration was rare and only applied in cases involving a group dispute of workers in essential services. The law prohibits an employer from hiring workers to replace striking or locked-out workers and prohibits workers from picketing only if the parties have an agreement on the provision of minimum services or, if no such agreement has been made, within 14 days of the commencement of the strike.

b. Prohibition of Forced or Compulsory Labor

The constitution and law prohibit and criminalize all forms of forced and compulsory labor, including by children. Civil society representatives reported in previous years the government did not effectively enforce relevant laws, particularly in remote areas, mainly due to a lack of staff and funding. Labor inspectors refer cases to the BPS for prosecution. In the past, authorities prosecuted cases involving trafficked individuals and won convictions. There were anecdotal reports of forced child labor in cattle herding and in domestic servitude (see section 7.c.). Members of the Basarwa community, including children, were sometimes subjected to forced labor conditions on cattle farms in the Ghanzi district. The law prescribed penalties that were not sufficient to deter violations.

The law punishes, with compulsory prison labor, any willful breach of a contract of employment by an employee who is acting either alone or in combination with others, if such breach affects the operation of essential services. Sentences of imprisonment involving compulsory prison labor may be imposed on any person who prints, makes, imports, publishes, sells, distributes, or reproduces any publication prohibited by the president “in his absolute discretion” as being “contrary to the public interest.” Similar sentences may be imposed concerning seditious publications and on any person who manages, or is a member of, or in any way takes part in the activity of an unlawful society, particularly of a society declared unlawful as being “dangerous to peace and order.” The provisions are worded in terms broad enough to allow punishment for the expression of views and, insofar as they are enforceable with sanctions involving compulsory labor, they are incompatible with international standards. A prisoner may be employed outside a prison under the immediate order and for the benefit of a person other than a public authority.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor.

The minimum age for work is 15, but children as young as 14 may be employed in light work that is “not harmful to (their) health and development” and is approved by a parent or guardian. Light work is not defined by law. The law provides that work shall not exceed six hours per day when a child is not in school and five hours when a child is in school, but only on vacation days between the hours of 6 a.m. and 4 p.m. Although the law prohibits night work and hazardous underground work for children, it does not cover hazardous activities, such as the use of dangerous machinery, tools, and equipment. In addition, the law establishes the right of children to be protected from sexual exploitation, including through prostitution and the production of pornography (see section 6).

The Ministry of Employment, Labor Productivity, and Skills Development is responsible for enforcing child labor laws and policies in all sectors, but its resources were too limited for effective oversight in remote areas. District and municipal councils have child welfare divisions, which are also responsible for enforcing child labor laws. Other involved government entities included offices within the Ministry of Basic Education and the Ministry of Local Government and Rural Development. Government officials continued to address public gatherings, cautioning against the worst forms of child labor. Penalties were not sufficient to deter violations.

Despite laws and policies designed to protect children from exploitation in the workplace, there were anecdotal reports of child labor, mostly on subsistence-level cattle posts or farms, where employees lived with their children in family units, particularly in the Ghanzi region. Civil society representatives noted in such cases where it was likely to exist, child labor resulted from a lack of awareness of the law among parents and their employers.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws prohibit discrimination based on race, color, tribe, place of origin, including national origin, social origin, sex, disability, language, sexual orientation or gender identity, HIV status, marital status, religion, creed, or social status. The government generally enforced these regulations.

e. Acceptable Conditions of Work

According to the Ministry of Employment, Labor Productivity, and Skills Development, the minimum hourly wage for full-time labor in the private sector was determined by sector. The minimum wage was higher than the official estimate of the poverty income level for all sectors. Formal-sector jobs generally paid well above minimum wage. The Ministry of Employment, Labor Productivity, and Skills Development is responsible for enforcing the minimum wage, and each of the country’s districts had at least one labor inspector, but the number of inspectors was not sufficient to effectively enforce the law.

The law permits a maximum 48-hour workweek, exclusive of overtime, which is payable at time-and-a-half times the base hourly rate.

There are limited occupational safety and health (OSH) requirements. The government’s ability to enforce OSH legislation remained limited due to inadequate staffing and lack of clear ministerial jurisdictions. The law provides protection against termination for workers who verbally complain about hazardous conditions, but no specific provisions in the law allow workers to remove themselves from situations that endanger their health or safety without jeopardizing their employment.

The primary forms of compensation for labor in the informal sector were housing and food, particularly in the agricultural and domestic service areas. Wages in the informal sector were frequently below the minimum wage. Informal-sector workers generally were covered by the same legal protections available to formal-sector workers.

Foreign migrant workers were vulnerable to exploitative working conditions, mainly in domestic labor.

Brunei

Executive Summary

Brunei Darussalam is a monarchy governed since 1967 by Sultan Haji Hassanal Bolkiah. Emergency powers in place since 1962 allow the sultan to govern with few limitations on his authority. The Legislative Council (LegCo), composed of appointed, indirectly elected, and ex officio members, met during the year and exercised a purely consultative role in recommending and approving legislation and budgets.

The Royal Brunei Police Force and the Internal Security Department have responsibility for law enforcement and the maintenance of order within the country and come under the purview of the Ministry of Home Affairs and the Prime Minister’s Office, respectively. For crimes that fall under the Sharia Penal Code (SPC), which the government fully implemented in April, both entities are supported by religious enforcement officers from the Ministry of Religious Affairs. The Departments of Labor and Immigration in the Ministry of Home Affairs also hold limited law enforcement powers for labor and immigration offenses, respectively. The armed forces under the Ministry of Defense are responsible for external security matters but maintain some domestic security responsibilities. The secular and sharia judicial systems operate in parallel. The sultan maintained effective control over the security forces.

Significant human rights issues included: forms of punishment that raise concerns about torture and other cruel, inhuman or degrading treatment or punishment–stoning to death, amputation of hands or feet, and caning–included in newly implemented sections of sharia law, although the sharia court did not hand down any sentences imposing such punishment; caning of some individuals convicted under secular law; arbitrary or unlawful interference with privacy; censorship and criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association; restrictions on political participation; the existence of laws criminalizing consensual same-sex sexual conduct between adults, although these laws were not enforced; and exploitation of foreign workers, including through forced labor.

There were no reports of official impunity or allegations of human rights abuses by government officials.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Under the law and emergency powers, the government restricted freedom of expression, including for the press.

Freedom of Expression: There is no provision for freedom of speech in the constitution or laws. Members of the LegCo may “speak their opinions freely” on behalf of citizens, but they are prohibited from using language or exhibiting behavior deemed “irresponsible, derogatory, scandalous, or injurious.” Under the law it is an offense to challenge the royal family’s authority. The law also makes it an offense to challenge “the standing or prominence of the national philosophy, the Malay Islamic Monarchy concept.” This philosophy identifies Islam as the state religion and monarchical rule as the sole form of government to uphold the rights and privileges of the Brunei Malay race. The law also criminalizes any act, matter, or word intended to promote “feelings of ill will or hostility” between classes of persons or “wound religious feelings.”

The SPC includes provisions barring contempt for or insult of the sultan, administration of sharia, or any law related to Islam. The SPC sections implemented in April provide, under certain circumstances, for death sentences for apostasy from Islam, deriding Islamic scriptures, and declaring oneself as god, among other offenses. There were no known cases of persons charged under these sections, but online criticism of the law was largely self-censored, and online newspapers did not permit comments or stories on these subjects.

In December a secular court judge convicted a former government employee in absentia for sedition based on social media comments posted in 2017 criticizing Ministry of Religious Affairs officials and halal policy. The court sentenced the man, who fled the country after pleading not guilty during initial trial hearings in 2018, to 18 months’ imprisonment.

All public musical or theatrical performances require prior approval by a censorship board composed of officials from the Prime Minister’s Office, the Ministry of Home Affairs, and the Ministry of Religious Affairs. The government interpreted the SPC to prohibit public celebration of religions other than Islam, including displaying Christmas decorations. Some establishments, however, openly sold Christmas decorations or advertised Christmas-themed events. Christmas remained an official national holiday.

Press and Media, Including Online Media: The law allows the government to close a newspaper without giving prior notice or showing cause. The law requires local newspapers to obtain operating licenses and prior government approval for hiring foreign editorial staff, journalists, and printers. The law also gives the government the right to bar distribution of foreign publications and requires distributors of foreign publications to obtain a government permit. Foreign newspapers generally were available. Internet versions of local and foreign media were generally available without censorship or blocking.

The government owned the only local television station. Three Malaysian television channels were also available, along with two satellite television services. Some content was subject to censorship based on theme or content, including religious content, but such censorship was not consistent.

Censorship or Content Restrictions: The law provides for prosecution of newspaper publishers, proprietors, or editors who publish anything with what the government deems seditious intent. Punishments include suspension of publication for a maximum of one year, a prohibition on publishers, printers, or editors from publishing, writing for, or editing any other newspaper, and the seizure of printing equipment. Persons convicted under the law also face a maximum fine of 5,000 Brunei dollars (BND) ($3,690) and a maximum prison term of three years. Journalists deemed to have published or written “false and malicious” reports may be subject to fines or prison sentences. In the past, the government shuttered media outlets and reprimanded media companies for their portrayals of certain events and encouraged reporters to avoid covering controversial topics. There were no such reports during the year. The government maintained that most censorship was aimed at stopping violent content from entering the country.

The SPC prohibits publication or importation of publications giving instruction about Islam contrary to sharia. It also bars the distribution to Muslims or to persons with no religion of publications related to religions other than Islam. The SPC bars the publication, broadcast, or public expression of a list of words generally associated with Islam (such as Quran) in a non-Islamic context. The SPC also prohibits religious teaching without written approval. There were no reports of charges under these regulations.

Journalists commonly reported practicing self-censorship because of social pressure, reports of government interference, and legal and professional concerns.

Libel/Slander Laws: The law prohibits bringing into hatred or contempt or exciting disaffection against the sultan or the government. Persons convicted under the law face a fine of BND 5,000 ($3,690), a maximum of three years in prison, or both. There were no reports of such cases during the year.

b. Freedoms of Peaceful Assembly and Association

The government limited and restricted freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement

The government generally respected the legal right to freedom of internal movement and the right to emigrate but imposed restrictions on foreign travel and repatriation.

Foreign Travel: Government employees, including both citizens and foreign residents working on a contractual basis, must apply for exit permits to travel abroad. Government guidelines state no government official may travel alone and unrelated male and female officers may not travel together, but the government enforced this policy inconsistently. The country’s tourist passports state the bearer may not travel to Israel.

Exile: By law the sultan may forcibly exile, permanently or temporarily, any person deemed a threat to the safety, peace, or welfare of the country. There have been no cases of banishment since the country became fully independent in 1984.

f. Protection of Refugees

Access to Asylum: The law does not provide for granting asylum or refugee status, and the government has not established a system for providing protection to refugees.

Section 3. Freedom to Participate in the Political Process

Citizens do not have the ability to choose their government. The sultan rules through hereditary birthright. While the country is a constitutional sultanate, in 1962 the ruler invoked an article of the constitution that allows him to assume emergency powers. The present sultan continued this practice and most recently renewed the state of emergency for an additional two-year period in a December 2018 proclamation.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively, although officials sometimes engaged in corrupt practices.

Corruption: Although corruption was not pervasive, the sultan publicly criticized police, the military, and the immigration and labor departments for corrupt activities by some officials, among other shortcomings. In September the high court began a high-profile trial of two former judges indicted in July 2018 on 40 corruption-related charges, including money laundering and embezzling money from Brunei’s court system. The case was particularly noteworthy because the husband-and-wife pair were very well connected–one was the son of the minister of religious affairs and the other the daughter of a retired high-ranking military officer.

Financial Disclosure: Government officials are not subject to routine financial disclosure reports, but by law officials must declare their assets if they are the subject of an investigation. The government did not make these declarations public. The Anticorruption Bureau also issued a public warning to all government workers that it is empowered to investigate any official who maintains a standard of living above or disproportionate to his or her past or present emolument.

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

Neither domestic nor international human rights groups could operate freely due to government restrictions. No registered civil society organizations dealt directly with human rights, mostly due to self-censorship. A few domestic organizations worked on humanitarian issues, such as assistance for victims of domestic violence or provision of free legal counsel for indigent defendants. They generally operated with government support, and the government was somewhat cooperative and responsive to their views, although they reported practicing self-censorship and avoiding sensitive issues. Regional and other international human rights organizations occasionally operated in the country but faced the same restrictions as all unregistered organizations.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, but it does not provide for collective bargaining and prohibits strikes. The law prohibits employers from discriminating against workers in connection with union activities, but it does not provide for reinstatement for dismissal related to union activity.

By law unions must register with the government under the same process and are subject to the same laws as other organizations (see section 2.b., Freedom of Association). While the law permits the formation of trade-union federations for most professions, it forbids affiliation with international labor organizations unless the minister of home affairs and the ministry’s Department of Labor consent. The law requires officers of trade unions to be “bona fide” (without explanation), which has been interpreted to allow authorities broad discretion to reject officers and require that such officers have been employed in the trade for a minimum of two years.

Penalties for violating laws on unions include fines, imprisonment, or both. Penalties were sufficient to deter violations. The government did effectively enforce the law.

There were no active unions or worker organizations in the country. NGOs were involved in labor issues, such as wages, contracts, and working conditions. These NGOs largely operated openly in cooperation with relevant government agencies, but they reported avoiding confrontation with the government and engaged in self-censorship.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, although the government did not always effectively enforce the law, and forced labor occurred. Convictions for forced labor could lead to penalties including fines, imprisonment, and caning, but most cases alleging forced labor were settled out of court. Penalties were seldom applied and thus did not deter violations. In August the government enacted the Antitrafficking in Persons (TIP) Order of 2019 and a separate law, the Prevention of People Smuggling Order of 2019, covering human smuggling. The two laws replaced a single law covering both offenses and provided the legislative basis for formalizing the country’s interagency antitrafficking committee, among other steps to enhance the government’s efforts to combat TIP. The government subsequently formalized the interagency committee under the Prime Minister’s Office, from which it coordinated the government’s efforts to counter human trafficking.

The government did not effectively enforce the law against forced labor. The government did not investigate any cases of debt bondage or forced labor that were either compelled by threats of deportation or due to other circumstances, although these practices continued to occur. The heads of specialist trafficking units within the police department continued to meet regularly to coordinate antitrafficking policy and implement the national action plan to combat trafficking, including for forced labor.

Some of the approximately 100,000 foreign migrant workers in the country faced involuntary servitude, debt bondage, nonpayment of wages, passport confiscation, abusive employers, or confinement to the home. Although it is illegal for employers to withhold wages, some employers, notably of domestic and construction workers, did so to recoup labor-broker or recruitment fees or to compel continued service.

Although the government forbade wage deductions by employers to repay in-country agencies or sponsors and mandated that employees receive their full salaries, many migrant workers arrived in debt bondage to actors outside the country. Media reports indicated that widespread fraud in work-visa issuance made many migrant workers–particularly an estimated 20,000 Bangladeshi nationals working mostly in the construction industry–vulnerable to exploitation and trafficking. Three local women were charged in November for providing false information to the Department of Immigration and National Registration (DINR) on foreign workers’ visa applications. The accused allegedly submitted applications for foreign workers claiming that the workers would have jobs with a specific company in Brunei, but the jobs did not actually exist. Under the law the charges carry a maximum sentence of seven years in prison and a fine of up to BND 30,000 ($22,000). During a surprise inspection of the immigration and labor departments in October, the sultan chastised officials for allowing widespread abuse of work-visa procedures and attributed these practices to laziness, lack of focus, and corruption, which he said “taint government management and administration.”

Although prohibited by law, retention of migrant workers’ travel documents by employers or agencies remained a common practice.

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

Various laws prohibit the employment of children younger than 16. Parental consent and approval by the Labor Commission are required in order for those younger than 18 to work. Female workers younger than 18 may not work at night or on offshore oil platforms.

The law does not prohibit all of the worst forms of child labor. The use, procuring, or offering of a child for the production of pornography or pornographic performances is not specifically prohibited. The law on procuring or offering children younger than 18 for prostitution or illicit intercourse refers only to girls and not to boys.

The Department of Labor, which is part of the Ministry of Home Affairs, effectively enforced child labor laws. Penalties for child labor violations include a fine, imprisonment, or both, and were sufficient to deter violations. There was no list of hazardous occupations prohibited for children. There is also no list of types of light work activities legal for children ages 14 to 16.

d. Discrimination with Respect to Employment and Occupation

The law does not explicitly prohibit discrimination with respect to employment and occupation. There is no law requiring equal pay for equal work. The law limits employment in certain government positions and the military based on ethnic origin (see section 6).

The law restricts women from serving in certain military combat roles, such as infantry. Reflecting government policy, most public and many private employers showed hiring biases against foreign workers, particularly in key sectors such as oil and gas. Some LGBTI job applicants faced discrimination and were often asked directly about their sexual identity. Many foreign workers had their wages established based on national origin, with those from certain foreign countries receiving lower wages than others.

e. Acceptable Conditions of Work

The law does not set a minimum wage for the private sector. Wages were set by contract between the employee and employer and were sometimes calculated based on national origin.

The standard work week for most government agencies and many private companies is Monday through Thursday and Saturday. The law provides for overtime in excess of 48 hours per week. The law also stipulates an employee may not work more than 72 hours of overtime per month. Government regulations establish and identify occupational health and safety standards. Individuals were encouraged to report violations of health and safety standards, but the law does not explicitly protect the right to remove oneself from a hazardous workplace.

The Department of Labor inspected working conditions both on a routine basis and in response to complaints. The number of labor inspectors in the department was adequate to conduct mandated inspections, but inspectors failed to enforce compliance effectively with some aspects of the law and failed to bring charges against some employers who violated the law. The focus was primarily on undocumented foreign workers rather than worker protection. The department has the power to terminate the licenses of abusive employers and revoke their foreign labor quotas, and it did so occasionally.

Employers who violate laws regarding conditions of service, including pay, working hours, leave, and holidays, may be fined for a first offense and, for further offenses, be fined, imprisoned, or both. Penalties for violations of wage, hour, and health and safety standards were not sufficient to deter violations.

The commissioner of the Department of Labor is responsible for protecting workers’ rights. Foreign laborers (predominantly Filipinos, Indonesians, and Bangladeshis) dominated most low-wage professions, such as domestic service, construction, maintenance, retail, and food service, in which violations of wage, overtime, and health and safety regulations most frequently occurred.

The government prosecuted some employers who employed undocumented foreign workers or did not properly process workers’ documents. When grievances cannot be resolved, regulations require employers to pay for the repatriation of foreign workers and all outstanding wages.

Government enforcement in sectors employing low-skilled labor in small-scale construction or maintenance projects was inadequate. This was especially true for foreign laborers at construction sites, where complaints of wage arrears, inadequate safety, and poor, unsafe living conditions were reported. The government did not sufficiently enforce laws on working hours.

Many employed citizens received good salaries with numerous allowances, but complaints about low wages were common, especially in entry-level positions. The government found that local employees in the private sector had an average monthly compensation of BND 2,260 ($1,670), compared with BND 1,570 ($1,160) for foreign workers. Wages for employed foreign residents varied widely.

There were some reports of industrial accidents during the year, most commonly in the construction sector, where the labor force was overwhelmingly foreign, and the oil and gas industry. According to the government’s Safety, Health and Environment National Authority (SHENA), there were five work-related fatalities during the year compared with eight in 2018.

Bulgaria

Executive Summary

Bulgaria is a constitutional republic governed by a freely elected unicameral National Assembly. A coalition government headed by a prime minister leads the country. National Assembly elections were held in 2017, and the Central Election Commission did not report any major election irregularities. International observers considered the National Assembly elections and the 2016 presidential election generally free and fair but noted some deficiencies.

The Ministry of Interior is responsible for law enforcement, migration, and border enforcement. The State Agency for National Security, which reports to the Prime Minister’s Office, is responsible for investigating corruption and organized crime, among other responsibilities. The army is responsible for external security but also can assist with border security. The National Protective Service is responsible for the security of dignitaries and answers to the president. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: problems with the independence of the judiciary; restrictions on free expression and the press, including violence and threats of violence against journalists, censorship, and corporate and political pressure on media; acts of corruption; crimes involving violence or threats of violence against Roma; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.

Authorities took steps to prosecute and punish officials who committed human rights abuses, but government actions were insufficient, and impunity was a problem.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. Concerns persisted, however, that corporate and political pressure, combined with the growing and nontransparent concentration of media ownership and distribution networks, as well as government regulation of resources and support for media, gravely damaged media pluralism. In October the secretary general of Reporters Without Borders described the media situation as “worse than ever.” He said that the country was “embroiled in an extremely serious media civil war,” and expressed concern about harassment of journalists, political manipulation of media, and a collapse of professional standards in the media.

According to the Bulgarian Helsinki Committee, there was a persistent deterioration in the freedom of expression and a collapse of professional and ethical standards supporting a high-quality media environment. In a public statement in September, the NGO outlined “continued trends of increased control of major media by the government, especially before the past [European Parliament] and forthcoming [local] elections.” According to Transparency International Bulgaria, media ownership “is often unclear” and many media outlets “are financially dependent on state advertising, which may color their reporting and affect any criticism they may otherwise provide of government authorities.”

The International Research and Exchanges Board’s 2019 Media Sustainability Index identified an increase in the country in crimes against media professionals, verbal attacks against journalists by government officials, and a lack of transparency in the ownership of online media contributing to the distribution of fake news and propaganda.

Freedom of Expression: The law provides for one to four years’ imprisonment for use of and incitement to “hate speech.” The law defines hate speech as instigation of hatred, discrimination, or violence based on race, ethnicity, nationality, religion, sexual orientation, marital or social status, or disability. NGOs alleged that the presence of nationalist parties in the government “empowered” supporters to use hate speech regularly.

Individuals generally criticized the government without official reprisal. In August the prosecutor general and his deputies requested from the Supreme Judicial Council a decision on whether media publishing “false information” or “manipulative allegations” about prosecutors should be prosecuted. In response, the Supreme Judicial Council’s Prosecutorial College called on the public and the media to be more tolerant and responsible when commenting on the nomination for a new prosecutor general.

Press and Media, Including Online Media: The media were active and expressed a wide variety of views. Laws restricting “hate speech” also applied to print media. Reporters Without Borders’ 2019 World Press Freedom Index reported widespread “corruption and collusion between media, politicians and oligarchs,” “judicial harassment of independent media,” as well as increased “threats against reporters.” Domestic and international organizations criticized both print and electronic media for editorial bias, lack of transparency in their financing and ownership, and susceptibility to political influence and economic incentives.

Violence and Harassment: In February investigative journalist Hristo Geshov complained that he received anonymous threats after he released a video of his initial investigation of an illegal water supply business in Troyan. In May, two unidentified persons abducted Geshov and held him captive overnight until he agreed to take down his zovnews.com story on the case. As of September there was no further information on law enforcement action to identify the abductors.

In August the specialized prosecution service accused online news provider Mediapool of vandalism and desecrating the memory of a deceased magistrate. The service condemned Mediapool for publishing a story covering the 72-hour arrest of a man who had written obscenities on the magistrate’s obituary posted inside the courthouse.

In September photojournalist Veselin Borishev spent a night in jail after police arrested him for taking pictures of them during a protest. The Interior Ministry issued an official apology and opened an internal investigation into the case.

Censorship or Content Restrictions: Journalists continued to report editorial prohibitions on covering specific persons and topics, and the imposition of political points of view by corporate leaders. According to the international NGO Association of European Journalists, self-censorship was widespread, especially in the smaller regional media.

In June, NetInfo executive director and minority shareholder Hristo Hristov complained of pressure and “increased interference in the editorial policies” of online news providers Gong, Vesti, and Dariknews from the new majority shareholders, brothers Kiril and Georgi Domuschiev. The NetInfo board of directors subsequently removed Hristov from his CEO position.

Human rights lawyers expressed concerns that changes in the Personal Data Protection Act passed in January present the government with opportunities to muzzle free speech, as they empower authorities to fine media and journalists in cases when “freedom of speech does not prevail over the right of a target of journalistic investigation to remain outside the focus of public attention.” According to the Association of European Journalists, the new legislation could force journalists to self-censor.

The Association of European Journalists protested the removal on September 12 of long-time anchor Sylvia Velikova from her rule-of-law-focused morning program on Bulgarian National Radio, attributing it to Velikova’s opposition to the nomination of Ivan Geshev as sole candidate for the next prosecutor general. Following protests, Velikova was reinstated.

Libel/Slander Laws: Libel is illegal and punishable by a fine of 3,000 to 15,000 levs ($1,680 to $8,400) and public censure. In June the Sofia City Court imposed a 1,000 lev ($560) fine on Economedia journalist Rosen Bosev in a libel lawsuit filed by the former head of the Financial Supervision Commission, Stoyan Mavrodiev, who was offended by Bosev’s statement on television that Mavrodiev had repressed Economedias Dnevnik and Capital publications. The Association of European Journalists protested the court decision, accusing Judge Petya Krancheva of “settling a score” with Bosev, who had written critical articles about her.

In January the Sofia City Court ruled against Sofia regional governor Ilian Todorov’s libel appeal against freelance journalist Ivo Indjev, who posted a series of articles online in which he called Todorov a “xenophobe,” “anti-Semite,” “pro-Nazi nationalist,” and “Kremlin marionette,” among other things. The court’s decision confirmed the trial court’s “not guilty” verdict and made the argument that “as a public person occupying a high-level government position, the claimant should possess a higher threshold of tolerance to criticism.”

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Human rights organizations continued to report widespread “pushbacks,” violence, robbery, and humiliating practices against migrants and asylum seekers along the border with Turkey. In August media publications citing “internal sources” from the European border control agency FRONTEX alleged that border police had “chased migrants with dogs, beaten them, and forced them back across the border.” The interior minister denied the allegations, claiming that border guards “use force only when the situation demands it, such as in cases of aggression against them.”

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

Refoulement: Human rights organizations criticized the government for deporting Turkish citizens back to Turkey where they would face imprisonment due to their political activity. In July, for example, the Sofia Administrative Court approved the extradition of Ilhan Karabag, a Turkish citizen of Kurdish origin, who had spent three years in a reception center as an asylum seeker. The NGO Bordermonitoring reported the presence of a representative of the Turkish diplomatic mission at the court hearings and protested, asserting the presence of the representative was an attempt to pressure the court.

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for protecting refugees. The president may grant asylum to persons who are persecuted for their belief or activities advocating for internationally recognized rights and freedoms. Asylum seekers and refugees who cross the border irregularly are subject to detention.

Freedom of Movement: The law restricts asylum seekers’ movement to the administrative region in which the reception center where they have been accommodated is located. The restriction is valid until the asylum procedure is completed.

Access to Basic Services: The refugee integration ordinance authorizes mayors to sign integration agreements with persons who have refugee status, specifying the services they will receive–housing, education, language training, health services, professional qualification, and job search assistance–as well as the obligations of the responsible institutions. NGOs claimed the government made inconsistent efforts to integrate refugees. According to the Asylum Information Database country report published in March, “no integration activities are planned, funded or available to the general population of recognized refugees or subsidiary protection holders.” According to the State Agency for Refugees, as of October, four refugee families totaling 27 persons had signed integration agreements, and two more families were negotiating agreements with municipal authorities.

In June the State Agency for Refugees and the International Organization for Migration inaugurated a safety zone for unaccompanied asylum-seeking children at the Voenna Rampa reception center to provide 24-hour care and specialized services in an environment adapted to their needs.

Durable Solutions: The government accepted refugees for resettlement, offered naturalization to refugees residing on its territory, and assisted in their voluntary return to their homes. As of November the country had accepted 67 relocated refugees and was in the process of interviewing another 26.

Temporary Protection: The Council of Ministers may provide temporary protection in case of mass influx of foreign nationals driven by an armed conflict, civil war, violence, or large-scale human rights violations in their country of origin, as determined by the Council of the European Union. The government also provided humanitarian protection to individuals who may not qualify as refugees and provided it to 208 persons as of September.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

While the law provides criminal penalties for corruption by officials, the government did not implement the law effectively, and officials in all branches of government reportedly engaged in corrupt practices with impunity. During the year there were reports of government corruption, including bribery, conflict of interest, elaborate embezzlement schemes, procurement violations, and influence trading.

In March the European Commission’s annual European Semester Report identified corruption as a major obstacle to investment and noted that the “fight against corruption remains a challenge,” insisting that “authorities need to show a stable record of effectively investigating and prosecuting high-level corruption cases, including [those] involving politicians.” In its October report, the European Commission acknowledged the country’s anticorruption reform efforts but noted that its “positive effects… remain to be seen” since “very few final convictions have been adopted and enforced in cases involving high-level corruption.”

Corruption: In January Transparency International Bulgaria stated there had been no significant progress in the country’s anticorruption efforts. In March the Sega newspaper reported it had obtained official Justice Ministry information that only nine persons sentenced on petty corruption-related crimes served actual prison time. In April Standart reported that the prosecutor general stated at a national security council meeting that there were ongoing corruption investigations against 140 high-level government officials, including members of the National Assembly, ministers, deputy ministers, mayors, heads of agencies, and tax and customs officials, and that they had resulted in 39 indictments.

On April 15, the Specialized Criminal Court sentenced the former mayor of Sofia’s Mladost district, Desislava Ivancheva, to 20 years in prison, a 20,000 lev ($11,200) fine, property confiscation, and a ban on holding high-level public office for 20 years. Ivancheva’s former deputy, Bilyana Patrova, received 15 years in prison, a 15,000 lev ($8,400) fine, property confiscation, and a ban on holding high-level public office for 15 years. Another former Mladost district mayor, Petko Dyulgerov, received 12 years in prison, a 12,000 lev ($6,720) fine, and property confiscation. According to the prosecution, Ivancheva solicited a 500,000-euro ($550,000) bribe from an investor in construction projects, with Dyulgerov serving as an intermediary and Petrova acting as an accomplice.

In April the Constitutional Court abolished changes to the code on administrative procedure that had increased fees for second appeals by a factor of 14 for individuals and 70 for organizations. The court’s decision was based on petitions by the president, the ombudsman, and 53 National Assembly members who shared the opinion of NGOs that asserted the amendments imposed severe restrictions on access to administrative justice and restricted the ability to challenge the legality of acts by the public administration.

Financial Disclosure: The law mandates that government officials make annual public declarations of their assets and income as well as any circumstances in which they could face accusations of using their position for personal gain. The Commission for Combating Corruption and Forfeiture of Illicit Assets verified and monitored disclosures for all officials except magistrates, whose declarations were monitored by the Supreme Judicial Council’s inspectorate. High-level public officials and magistrates who fail to submit a financial disclosure declaration can incur fines of up to 3,000 levs ($1,680), and up to 6,000 levs ($3,360) for a repeat violation. The provision was enforced during the year. In March the commission reported identifying omissions or discrepancies in more than 10 percent of the annual declarations, attributing it to the new procedures and the lack of an information campaign.

In June the Commission for Combating Corruption and Forfeiture of Illicit Assets exonerated seven senior political figures, including the head of the Supreme Cassation Court, the minister of justice, and the ruling GERB party’s deputy chairman and National Assembly member, of conflict of interest allegations. The NGO Anticorruption Fund released a report alleging that those officials had acquired luxury real estate property at below-market value, but the commission concluded they had not used their official status to acquire the property.

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

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Human rights observers reported uneven levels of cooperation from national and local government officials. Some political parties, civic movements, and media outlets advocated closing certain NGOs because they obtained funding from foreign donors.

Government Human Rights Bodies: The ombudsman is an independent constitutional body elected by the national assembly with a five-year mandate. The ombudsman reviews individuals’ complaints against the government for violations of rights or freedoms. The ombudsman can request information from authorities, act as an intermediary in resolving disputes, make proposals to end existing practices, refer information to the prosecution service, and request the Constitutional Court to abolish legal provisions as unconstitutional.

The Commission for Protection against Discrimination is an independent specialized agency for preventing and protecting against discrimination and ensuring equal opportunity.

A National Assembly permanent committee covers religious denominations and human rights.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent labor unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination, provides for workers to receive up to six months’ salary as compensation for illegal dismissal, and provides for the right of the employee to demand reinstatement for such dismissal. Workers alleging discrimination based on union affiliation can file complaints with the Commission for Protection Against Discrimination. According to the Confederation of Independent Trade Unions, despite the constitutional recognition of the right of association, the law did not provide for it, which prevented parties to a dispute from seeking redress in administrative court.

There are some limitations on these rights. The law prohibits Interior Ministry judicial system unions from membership in national union federations. When employers and labor unions reach a collective agreement at the sector level, they must obtain the agreement of the minister of labor to extend it to cover all enterprises in the sector. The law prohibits most public servants from engaging in collective bargaining. The law also prohibits employees of the Ministries of Defense and Interior, the State Agency for Intelligence, the National Protection Service, the courts, and prosecutorial and investigative authorities from striking. Those employees are able to take the government to court to provide due process in protecting their rights.

The law gives the right to strike to other public service employees, except for senior public servants, such as directors and chief secretaries. The law also limits the ability of transport workers to organize their administrative activities and formulate their programs. Labor unions stated that the legal limitations on the right to strike and the lack of criminal liability for employers who abuse their workers’ right of association are contrary to the constitution.

Authorities did not always respect freedom of association and the right to bargain collectively. Labor unions continued to report cases of employer obstruction, harassment, and intimidation of employees, including relocation, firing, and demotion of union leaders and members. Labor unions also alleged that some employers obstructed negotiations or refused to bargain in good faith or adhere to agreements. According to labor unions, health-care employers did not adhere to the 2018 collective bargaining agreement, which provides minimum salary rates. In August the Acibadem City Clinic, Tokuda Hospital in Sofia, fired nurse Maya Ilieva, a union leader at the hospital, who led a series of protests complaining of low pay and difficult working conditions. According to Ilieva, the union federation colluded with hospital management, refusing to support her against her dismissal.

The government did not effectively enforce the labor law, and penalties were generally insufficient to deter violations. The law does not effectively protect against interference by employers in labor union activities. In its annual labor rights report issued in April, the Confederation of Independent Trade Unions of Bulgaria stated that authorities often covered up violations of the right of association and presented them as labor disputes.

Judicial and administrative procedures were adequate in settling claims. The Confederation of Independent Trade Unions of Bulgaria reported that employers broke the law and eroded the value of collective bargaining by letting nonunion members take advantage of the provisions in the collective agreement.

b. Prohibition of Forced or Compulsory Labor

There were some reports of families or criminal organizations subjecting children to forced work (see section 7.c.). According to the EU Agency for Fundamental Rights, “children and adults with disabilities are forced into street begging and petty theft.” As of October authorities registered 56 cases of trafficking in persons for the purpose of labor exploitation, noting a significant increase from 2017. NGOs claimed government mechanisms for identifying victims among at-risk groups, such as asylum seekers, were not sufficiently robust.

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

Employment of children without a work permit is a criminal offense. Penalties were generally sufficient to deter violations, but children living in vulnerable situations, particularly Romani children, were exposed to harmful and exploitative work in the informal economy, mainly in agriculture, tourism, retail, and domestic work.

The law sets the minimum age for employment at 16 and the minimum age for dangerous work at 18. The government considered occupations hazardous for children if they are beyond their physical or psychological abilities, expose them to harmful agents or radiation, have a harmful effect on their health, take place in conditions of extreme temperature, noise, or vibration, or expose children to hazards that they cannot comprehend or avoid due to their incomplete physical or psychological development. To employ children younger than 18, employers must obtain a work permit from the government’s General Labor Inspectorate. Employers can hire children younger than 16 with special permits for light work that is not risky or harmful to the child’s development and does not interfere with the child’s education or training. The General Labor Inspectorate was generally effective in inspecting working conditions at companies seeking and holding child work permits and applying sanctions regarding child labor in the formal sector. The inspectorate reported a 62 percent increase in legal child employment, mainly due to a lack of better-qualified workers and an increase in job openings in the tourist industry. In 2018 the inspectorate uncovered 116 cases of child employment without prior permission.

The government continued programs to eliminate the worst forms of child labor, mounted educational campaigns, and intervened to protect, withdraw, rehabilitate, and reintegrate children engaged in the worst forms of child labor.

NGOs continued to report the exploitation of children in certain industries (particularly small family-owned shops, textile production, restaurants, construction businesses, and periodical sales) and by organized crime (notably for prostitution, pickpocketing, and the distribution of narcotics).

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment and occupation with regard to nationality, ethnicity, sex, sexual orientation, race, color, age, social origin, language, political and religious beliefs, membership in labor unions and civil society organizations, family and marital status, and mental or physical disabilities. Although the government usually effectively enforced these laws, discrimination in employment and occupation occurred across all sectors of the economy with respect to gender, sexual orientation, disability, and minority status. According to the Commission for Protection against Discrimination, the majority of discrimination complaints received during the year related to employment, predominantly concerning persons with disabilities. The commission cited cases in which employers changed their attitude towards an employee with a disability, resorting to workplace harassment, pushing the employee to quit, and intentionally creating mobility obstacles.

The government funded programs to encourage employers to overcome stereotypes and prejudice when hiring members of disadvantaged groups such as persons with disabilities.

The law requires the Interior Ministry, the State Agency for National Security, and the State Agency for Technical Operations to allot 1 percent of their public administration positions to persons with disabilities. Enforcement was poor, however, and the agencies were not motivated to hire persons with disabilities, citing inaccessible infrastructure, lack of sufficient funding for modifying workplaces, and poor qualifications by the applicants. The Center for Independent Living and other NGOs criticized the system of evaluating persons with disabilities based on the degree of their lost ability to work, which effectively prevented many persons with disabilities who were able to work from having a job.

The law requires equal pay for equal work. In July the Council of Ministers reported that men received 13.6 percent more pay than women for work in the same position. According to the Commission for Protection Against Discrimination, there were twice as many men as women with well-paid jobs and women were more frequently subjected to workplace discrimination than men. As a result of the gender pay gap, according to the National Social Security Institute, women received 38 percent lower pensions.

Workplace discrimination against minorities continued to be a problem. Locating work was more difficult for Roma due to general public mistrust, coupled with the Roma’s low average level of education. According to the National Statistical Institute, 68.3 percent of Roma lived in poverty, compared with 31.6 percent of Turks and 15.6 percent of ethnic Bulgarians.

e. Acceptable Conditions of Work

The national minimum wage was lower than the government’s official poverty line. In November the Confederation of Independent Trade Unions of Bulgaria reported that 72.5 percent of households lived below the poverty line.

In 2018 the General Labor Inspectorate reported that the cases of unpaid wages declined by 1 percent, compared with the previous year. According to the Confederation of Independent Trade Unions of Bulgaria, the small decline reflected the ineffectiveness of 2018 changes in the law that gave the General Labor Inspectorate authority to initiate bankruptcy proceedings against employers who owed more than two months’ wages to at least one-third of their employees for three years.

The law prohibits excessive compulsory overtime. The law prohibits overtime work for children younger than 18 and for pregnant women. Persons with disabilities, women with children younger than six, and persons undertaking continuing education may work overtime at the employer’s request if the employee provides written consent. The Confederation of Independent Trade Unions of Bulgaria stated that employers increasingly “disrespected employees’ working hours and free time” and criticized the law’s provision for calculating accumulated working time, noting that it gave employers a way to abuse overtime requirements and thus to hire fewer workers.

A national labor safety program, with standards established by law, provides employees the right to healthy and nonhazardous working conditions.

The Ministry of Labor and Social Policy is responsible for enforcing both the minimum wage and the standard work week. The General Labor Inspectorate had a sufficient number of inspectors to enforce wage and hour laws, and penalties were generally sufficient to deter violations.

Each year the government adopts a program that outlines its goals and priorities for occupational safety and health. The General Labor Inspectorate, which had 28 regional offices, is responsible for monitoring and enforcing occupational safety and health requirements. Of the violations identified by the inspectorate, less than 50 percent involved safety and health requirements. According to the labor inspectorate, its activity over the past several years had increased compliance, with 97 percent of inspected companies in compliance with occupational safety and health requirements, demonstrating that penalties were sufficient to deter violations.

Legal protections and government inspections did not cover informal workers in the gray-market economy, which, according to the International Labor Organization, involved 15.9 percent of the country’s workforce. The government, employer organizations, and labor unions agreed that the gray economy had continued to shrink over the previous four years. In June the Confederation of Independent Trade Unions of Bulgaria called for legal protections for whistleblowers providing information about employers that evade paying taxes and social security.

Conditions in sectors such as construction, mining, chemicals, and transportation continued to pose risks for workers. The number of work-related accidents registered in the first six months of the year decreased by almost 10 percent over the same period the previous year. Land transportation violations were the most common causes of occupational accidents. The government strictly enforced the law requiring companies to conduct occupational health and safety risk assessments and to adopt measures to eliminate or reduce any identified risks. Approximately 95 percent of the companies inspected in 2018 had such risk assessments, and 98 percent of them had programs for elimination of the identified risks.

There were 33 work-related deaths as of July, mainly in the construction and transportation sectors.

Burkina Faso

Executive Summary

Burkina Faso is a constitutional republic led by an elected president. In 2015 the country held peaceful and orderly presidential and legislative elections, marking a major milestone in a transition to democracy. President Roch Mark Christian Kabore won with 53 percent of the popular vote, and his party–the People’s Movement for Progress–won 55 seats in the 127-seat National Assembly. National and international observers characterized the elections as free and fair.

The Ministry of Internal Security and the Ministry of Defense are responsible for internal security. The Ministry of Internal Security includes the National Police and the gendarmerie. The Army and the Air Force, which operate within the Ministry of Defense, are responsible for external security but sometimes assist with missions related to domestic security. Civilian authorities generally maintained effective control over security forces.

Significant human rights issues included unlawful or arbitrary killings by the government, including extrajudicial killings; forced disappearance by the government; torture by the government; arbitrary detention by the government; harsh and life-threatening prison conditions; widespread corruption; and crimes involving violence or threats of violence targeting members of national, racial, and ethnic minorities.

The government investigated and punished some cases of abuse, but impunity for human rights abuses remained a problem.

Armed groups connected to violent extremist organizations, including Jama’at Nasr al-Islam wal Muslim, Group for the Support of Islam and Muslims (JNIM), the Islamic State in the Greater Sahara (ISGS), and homegrown Ansaroul Islam perpetrated more than 300 attacks that resulted in hundreds of civilian deaths as well as the death of government security forces. In the protracted conflict with terrorist groups, members of the security forces engaged in numerous extrajudicial killings. The Koglweogo, a vigilante justice/self-defense group, carried out numerous retaliatory attacks, resulting in at least 100 civilian casualties. In August the government arrested nine members of the Koglweogo suspected of planning the January 1 attack on the village of Yirgou that killed at least 49 and displaced thousands more.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, but the government did not always respect this right. In June the National Assembly voted to amend the penal code banning journalists from reporting any security-related news in an effort to preserve national security and prevent the demoralization of the military. Attempts to “demoralize” members of the military was previously a crime, but the code was amended to state “by any means,” presumably to criminalize any press or other media intended to demoralize security forces. A 2015 law decriminalizes press offenses and replaces prison sentences with penalties ranging from one million to five million CFA francs ($1,700 to $8.500). Some editors complained that few newspapers or media outlets could afford such fines.

Despite the advent of the 2015 law, journalists occasionally faced criminal prosecution for libel and other forms of harassment and intimidation.

Freedom of Expression: The June revision of the penal code criminalizes communicating the position or movements of defense forces, or sites of national interest or of a strategic nature, and the publication of any terrorist crime scene without authorization. The law also permits a judge, at the request of a “public minister” (prosecutor), to block internet websites or email addresses being used to spread “false information” to the public. Local and international associations of journalists called for the rejection of the amendments as an unacceptable attempt to stifle freedom of speech. The law significantly increases penalties for the existing crime of publicly insulting another person if electronic communications are used to publish the insult, and it prohibits persons from insulting the head of state or using derogatory language with respect to the office.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views, albeit with some restrictions. Foreign radio stations broadcast without government interference.

All media are under the administrative and technical supervision of the Ministry of Communications, which is responsible for developing and implementing government policy on information and communication. The Superior Council of Communication (CSC) monitored the content of radio and television programs, newspapers, and internet websites to enforce compliance with standards of professional ethics and government policy. The CSC may summon journalists and issue warnings for subsequent violations. Hearings may concern alleged libel, disturbing the peace, inciting violence, or violations of state security.

Censorship or Content Restrictions: In addition to prohibitions on publishing security-related information and insulting the head of state, the law also prohibits the publication of shocking images or material that demonstrates lack of respect for the deceased. Journalists practiced self-censorship, fearing that publishing blatant criticism of the government could result in arrest or closure of their newspaper.

Libel/Slander Laws: On September 23, the Djibo police filed a defamation suit for the “demoralization of police force” against the mayor of Djibo after he publicly denounced their behavior and accused them of rape and killing of civilians.

Nongovernmental Impact: Terrorist groups sought to inhibit freedom of expression by forcing women, predominantly in the North and Sahel Regions, to cover their heads, forcing men to wear religious garb, preventing children from going to non-Quranic school, and prohibiting civilians from drinking alcohol, smoking, frequenting bars, and listening to music at the risk of beatings or death.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government at times restricted these rights.

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: The government required citizens to carry a national identity document, and it authorized officials to request the document at any time. Without a national identity card, citizens could not pass between certain regions of the country and were subject to arrest and fines.

Armed terrorists restricted movement of thousands of rural inhabitants throughout the country by planting improvised explosive devices on major highways, hijacking vehicles, and setting up checkpoints. In response to dozens of attacks by unknown armed groups presumed to be terrorists, local authorities instituted a ban on motorcycle traffic from 7 p.m. to 5 a.m. in the East and North Regions.

f. Protection of Refugees

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

Recurrent terrorist attacks hampered access by humanitarian workers to deliver lifesaving supplies and assistance to refugees and IDPs. On March 19, suspected terrorists killed two persons teaching refugee students at a secondary school in Djibo. UNHCR relocated 18 refugee students from Mentao refugee camp to Goudoubo refugee camp, allowing them to participate in their final exams. On May 24, suspected terrorists kidnapped three Burkinabe staff members of UNHCR’s international health partner, the Centre de Support en Sante International, resulting in the closure of a medical center for refugees. In July and August, hundreds of refugees living outside of camps in the North and Sahel Regions returned to camps seeking protection from attacks. On August 15, armed groups linked to violent extremist organizations attacked a security post on a main road near the Mentao refugee camp, killing three soldiers and wounding a refugee woman. In December 2018 a primary school in Mentao camp closed due to threats from terrorists.

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. The Ministry of Women, National Solidarity, Family, and Humanitarian Affairs, aided by the National Committee for Refugees, is the focal point for coordination of national and international efforts.

Freedom of Movement: According to UNHCR, police arbitrarily arrested Fulani refugees travelling from the Sahel Region to Ouagadougou on multiple occasions, sometimes holding them in detention overnight before releasing them.

Access to Basic Services: According to UNHCR, public institutions such as banks, schools, and hospitals occasionally refused service to refugees on a discriminatory basis.

Temporary Protection: The government agreed to offer temporary protection to individuals who did not qualify as refugees, but there were no such applicants during the year.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Throughout the year the press reported cases of misappropriation, fraud, or other offenses. The NGO National Network for Anti-Corruption cited the customs, police and General Directorate of Land and Maritime Transport as the most corrupt entities in the government.

Corruption: In August the government announced it would prosecute 12 employees of Iamgold Essakane SA for smuggling and fraud in the marketing of gold and other precious substances as hazardous waste for illegal export. Authorities opened an investigation of former minister of defense Jean-Claude Bouda and Minister of Infrastructure Eric Bougouma for using government funds to build personal wealth.

Financial Disclosure: A 2015 anticorruption law requires government officials–including the president, lawmakers, ministers, ambassadors, members of the military leadership, judges, and anyone charged with managing state funds–to declare their assets and any gifts or donations received while in office. The Constitutional Council is mandated to monitor and verify compliance with such laws and may order investigations if noncompliance is suspected. Disclosures are not made public, however, and there were no reports of criminal or administrative sanctions for noncompliance. As of September National Assembly members elected in 2015 had not complied with this law yet faced no sanctions.

In 2016 the Higher Authority for State Control and the Fight against Corruption extended the requirement to declare assets to include government officials’ spouses and minor children. Infractions are punishable by a maximum prison term of 20 years and fines of up to 25 million CFA francs ($42,400). The law also punishes persons who do not reasonably explain an increase in lifestyle expenditures beyond the 5 percent threshold set by regulation in connection with lawful income. Convicted offenders risk imprisonment for two to five years and a fine of five million to 25 million CFA francs ($8,500 to $42,400). A 2016 law limits the value of a gift a government official may receive to 35,000 CFA francs ($60).

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

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

Government Human Rights Bodies: As a result of a January 24 government reshuffle, President Kabore established the Ministry of Human Rights and Civic Promotion, separating it from the Ministry of Justice, which previously was charged with overseeing human rights. During the year the ministry organized several training sessions for security forces on the law of armed conflict, provided assistance to victims of terrorist- and gender-based violence, and organized antistigmatization and social cohesion campaigns. The government also assigned a human rights provost to accompany deployed troops during military operations in order to assure detainees were afforded proper treatment and due rights. On October 22, the minister of security administered human rights training to law enforcement members in Dori, the capital of the Sahel Region. This was the first of a series of three training sessions to be expanded to include security forces in other regions in the east and west.

The Office of the Ombudsman addresses citizen complaints regarding government entities and other bodies entrusted with a public service mission. The ombudsman, whom the president appoints for a nonrenewable five-year term and who may not be removed during the term, was generally viewed as effective and impartial.

The government-funded National Commission on Human Rights provides a permanent framework for dialogue on human rights concerns. Its members include 15 representatives of human rights NGOs, unions, professional associations, and the government. Although inadequately funded, the commission produced a well documented report on intercommunal violence and made recommendations to the government on responding to IDP population needs.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law allows workers to form and join independent unions, except for essential workers, such as magistrates, police, military, and other security personnel, who may not join unions. The law provides unions the right to conduct their activities without interference.

The law provides for the right to strike, although it significantly limits that right. For strikes that call on workers to stay home and that do not entail participation in a rally, the union is required to provide eight to 15 days’ advance notice to the employer. If unions call for a march, they must provide three days’ advance notice to the city mayor. Authorities hold march organizers accountable for any property damage or destruction that occurs during a demonstration. The law also gives the government extensive requisitioning powers, authorizing it to requisition private- and public-sector workers to secure minimum service in essential services.

The law prohibits antiunion discrimination and allows a labor inspector to reinstate immediately workers fired because of their union activities. Relevant legal protections cover all workers, including migrants, workers in the informal sector, and domestic workers. There were no reports of antiunion discrimination during the year.

The law provides for freedom of association and collective bargaining. The government effectively enforced the law. The law lists sanctions for violations, including warnings, penalties, suspension, or dissolution and were generally sufficient to deter violations. Penalties consist of imprisonment and fines and vary depending on the gravity of the violation. Amendments to the law award a legal existence to labor unions of NGOs, create a commission of mediation, and require that associations abide by the law concerning funding terrorism and money laundering. The law also states that no one may serve as the head of a political party and the head of an association at the same time.

The government generally respected freedom of association and the right to collective bargaining. The government generally respected the right of unions to conduct activities without interference. Unions have the right to bargain directly with employers and industry associations for wages and other benefits. Worker organizations were independent of the government and political parties. There were no reports of strikebreaking during the year. Government resources to enforce labor laws were not sufficient to protect workers’ rights.

There were no reports of government restrictions on collective bargaining during the year. There was extensive collective bargaining in the formal wage sector, which was where many worker rights violations occurred.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law considers forced or compulsory any labor or service provided by an individual under the threat of any type of sanction and not freely offered. The government did not effectively enforce applicable laws. The government did not have a significant, effective program in place to address or eliminate forced labor. The government continued to conduct antitrafficking advocacy campaigns and operated a toll-free number for individuals to report cases of violence and trafficking. Penalties were not sufficiently stringent to deter violations.

Forced child labor occurred in the agricultural (particularly cotton), domestic labor, and animal husbandry sectors, as well as at gold panning sites and stone quarries. Educators forced some children sent to Quranic schools by their parents to engage in begging (see section 6, Children). Women from other West African countries were fraudulently recruited for employment and subsequently subjected to forced prostitution, forced labor in restaurants, or domestic servitude in private homes.

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, including the commercial sexual exploitation of children, child pornography, mining, and jobs that harm the health of a child. The law sets the minimum age for employment at 16 and prohibits children younger than age 18 from working at night, except in times of emergency. The minimum age for employment was consistent with the age for completing educational requirements, which is 16. In the domestic labor and agricultural sectors, the law permits children who are 13 and above to perform limited activities for up to four and one-half hours per day. Penalties were sufficient to deter violations.

The government was implementing the National Action Plan to combat the worst forms of child labor and to reduce significantly exploitative child labor.

The plan coordinated the efforts of several ministries and NGOs. Its goals included greater dissemination of information in local languages, increased access to services such as rehabilitation for victims, revision of the penal code to address the worst forms of child labor, and improved data collection and analysis. The government organized workshops and conferences to inform children, parents, and employers of the dangers of exploitative child labor.

The government did not consistently enforce the law. Largely due to the insecurity imposed by violent extremist groups, the Ministry of Civil Service, Labor, and Social Security, which oversees labor standards, lacked transportation and access and other resources to enforce worker safety and the minimum age law. No data were available on number of prosecutions and convictions during the year.

Child labor took place in the agricultural sector, or in family-owned small businesses in villages and cities. There were no reports of children younger than age 15 employed by either government-owned or large private companies. Children also worked in the mining, trade, construction, and domestic labor sectors. Some children, particularly those working as cattle herders and street hawkers, did not attend school. Many children younger than age 15 worked long hours. A study by the International Labor Organization reported that children working in artisanal mining sometimes worked six or seven days a week and up to 14 hours per day. Street beggars often worked 12 to 18 hours daily. Such children suffered from occupational illnesses, and employers sometimes physically or sexually abused them. Child domestic servants worked up to 18 hours per day. Employers often exploited and abused them. Criminals transported Burkinabe children to Cote d’Ivoire, Mali, and Niger for forced labor or sex trafficking.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation. The government did not effectively enforce the laws and regulations.

Discrimination occurred based on race, color, sex, religion, political opinion, social origin, gender, disability, language, sexual orientation or gender identity, HIV-positive status or having other communicable diseases, or social status with respect to employment and occupation. The government took few actions during the year to prevent or eliminate employment discrimination.

e. Acceptable Conditions of Work

The law mandates a minimum monthly wage in the formal sector, which does not apply to subsistence agriculture or other informal occupations. The minimum wage was less than the poverty income level.

The law mandates a standard workweek of 40 hours for nondomestic workers and a 60-hour workweek for household employees. The law provides for overtime pay, and there are regulations pertaining to rest periods, limits on hours worked, and prohibitions on excessive compulsory overtime.

The government sets occupational health and safety standards. There are explicit restrictions regarding occupational health and safety in the labor law. Employers must take measures to provide for safety and protect the physical and mental health of all their workers and verify that the workplace, machinery, materials, substances, and work processes under their control do not present health or safety risks to the workers.

The law requires every company with 30 or more employees to have a work safety committee. If an employee working for a company with fewer than 30 employees decides to remove himself due to safety concerns, a court rules on whether the employee’s decision was justified.

The Ministry of Civil Service, Labor, and Social Security is responsible for enforcing the minimum wage and hours of work standards. The government employed 255 labor inspectors, an increase of more than 50 percent compared with the previous year, surpassing the International Labor Office’s technical advice of the appropriate level of labor inspectors for the country. Ministry inspectors and labor tribunals are responsible for overseeing occupational health and safety standards in the small industrial and commercial sectors, but these standards do not apply in subsistence agriculture and other informal sectors.

These standards were not effectively enforced. Penalties for violations were insufficient to deter violations. There were no reports of effective enforcement of inspection findings during the year.

Employers often paid less than the minimum wage. Employees usually supplemented their income through reliance on extended family, subsistence agriculture, or trading in the informal sector. Employers subjected workers in the informal sector, who made up approximately 50 percent of the economy, to violations of wage, overtime, and occupational safety and health standards.

Between April and June, approximately 500 workers lost their jobs at Youga gold mine, and foreign workers were hired instead. Some Burkinabe workers were critical of the dismissals, stating that management violated the 2015 mining code by hiring unqualified foreign workers instead of giving preference to local employees as stipulated in the code. Mining operations at Youga were suspended on June 7, as employees and management could not reach an agreement regarding work schedules and wages. In particular, the company proposed a 14-day work period with a single day of rest and an hourly wage as opposed to a monthly salary; workers rejected the proposals. Labor laws call for a 24-hour rest period every week, unless an exception has been granted with the consent of a labor inspector.

Cabo Verde

Executive Summary

The Republic of Cabo Verde is a parliamentary representative democratic republic, largely modeled on the Portuguese system. Constitutional powers are shared between the head of state, President Jorge Carlos Fonseca, and the head of government, Prime Minister Ulisses Correia e Silva. The Supreme Court, the National Electoral Commission, and international observers declared the 2016 nationwide legislative, presidential, and municipal elections generally free and fair.

The National Police, under the control of the Ministry of Internal Affairs, is responsible for law enforcement. The Judiciary Police, under the Ministry of Justice, is responsible for major investigations. The armed forces, under the Ministry of Defense, are responsible for protecting the national territory and sovereignty of the country.

Civilian authorities generally maintained effective control over security forces.

Significant human rights issues included: violence against women and girls; and government failure to protect children from violence and work in precarious conditions.

The government took steps to identify, investigate, prosecute, and punish officials who committed human rights abuses. Impunity occurred in a few cases. There were no reports, however, of impunity involving security forces during the year.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Censorship or Content Restriction: Journalists practiced limited self-censorship, apparently largely due to their desire to eventually work for public sector media and because of family and social connections that make investigative journalism difficult.

On February 15, the Cabo Verde Television and Radio (RTC) board of directors published a Code of Ethics and Conduct the Media Regulatory Authority (ARC) and the Cabo Verdean Association of Journalists (AJOC) considered an abuse of freedoms of the press and expression. Both ARC and the Community of Portuguese-Speaking Countries (CPLP) Federation of Journalists condemned the code and stated it undermines individual freedoms of journalists in their public lives, particularly on social media, and it violates constitutionally protected rights to expression and information. AJOC stated the code contains censorship measures and called for its suspension. The RTC board stated it did not recognize the competence of ARC to form an opinion regarding its internal policies. ARC and AJOC rejected the RTC board’s dismissal of ARC’s regulatory authority, warning a state media company must respect regulatory structures, or it threatens rule of law. AJOC filed a formal complaint with ARC but lacked the funds to contract legal services. The parties were engaged in mediation to settle out of court. Prime Minister Correia e Silva, whose government promoted media disinformation awareness, sponsored legislation to require the RTC board to be named by an independent body rather than by the government.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern. The government ratified but never implemented the 1951 UN Protocol on the Status of Refugees, and no central authority manages the extremely few cases of refugees and asylum seekers. The government has no policy for handling refugees or asylum seekers, and there was no coordination among different agencies on requests for refugee or asylum status (see section 2.f.). The country has an agreement to coordinate repatriation with the International Organization for Migration (IOM) when foreign citizens request such assistance.

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 country has not established legislation or an institutional body for granting asylum or refugee status. Very few asylum applications were registered (UNHCR reported only two cases in 2011 and 2012 and none since). The actual number of asylum seekers was unknown since there is no systematic procedure in place to register and process asylum claims. Because UNHCR does not have an established presence in the country, asylum seekers who request protection and assistance are referred by the IOM to UNHCR’s regional representation for West Africa in Dakar, Senegal, which conducts refugee status determinations. Temporary protection mechanisms and access to basic services are in place for asylum seekers while they await a decision. Authorities permitted foreign victims of crime to remain in the country legally.

Section 3. Freedom to Participate in the Political Process

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

Any foreigners residing in the country for more than three years may vote in municipal elections. Any residents from a member country of the CPLP–which includes Angola, Brazil, Equatorial Guinea, Guinea-Bissau, Mozambique, Portugal, and Timor-Leste–may vote in municipal elections regardless of how long they have resided in Cabo Verde. Only citizens, including those living outside the country, may vote in legislative and presidential elections.

Section 4. Corruption and Lack of Transparency in Government

The law provides penalties of up to 15 years’ imprisonment for conviction of corruption by officials, and the government implemented the law effectively. Officials sometimes engaged in corrupt practices with impunity, especially at the municipal level, although there were no reports of government corruption during the year.

Corruption: In late 2018 a management turnover at Aguas de Santiago (ADS), a state-owned utility, revealed irregularities in bookkeeping by the previous chief executive officer. In March the Office of the Prosecutor General of the Republic charged the previous management team, the former president of ADS, and the former mayor of Santa Catarina de Santiago with embezzlement and abuse of power.

Financial Disclosure: The law sets parameters for public officials to submit declarations of ownership interest, income, and family wealth, and regulates public discussion of this information. These declarations should include any asset worth more than 500,000 escudos ($5,010). By law failure to submit a declaration is punishable by removal from office. The SCJ must approve public disclosure of the declarations. When involved in criminal cases of alleged corruption, public officials must declare or prove the source of their income or wealth. The SCJ is in charge of monitoring the law and enforcing compliance, but enforcement was poor.

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

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

Government Human Rights Bodies: The CNDHC worked to protect, promote, and reinforce human rights, rights of citizenship, and international humanitarian law in the country. It worked on all nine inhabited islands with a network of varied organizations. The CNDHC, although independent, was inadequately staffed and funded.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form or join unions of their choice, to engage in collective bargaining, and to conduct legal strikes. The labor code provides for protection against antiunion discrimination and for the reinstatement of workers. Although government enforcement generally was effective, some cases continued for years, with further delay for appeals. The Directorate General for Labor (DGT) has a conciliation mechanism to promote dialogue between workers and employers on conditions of work.

The labor code designates certain jobs essential and limits workers’ ability to strike in those industries. Services provided by telecommunications, justice, meteorology entities, health, firefighting, postal service, funeral services, water and sanitation services, transportation, ports and airports, private security, and the banking and credit sectors are considered indispensable. The law states the government may force the end of a strike when there is an emergency or “to ensure the smooth operation of businesses or essential services of public interest.” The law and custom allow unions to carry out their activities without interference.

The government respected workers’ right of freedom of association and the right to collective bargaining and effectively enforced applicable laws in the formal sector. Worker organizations were independent of the government and political parties. Penalties were adequate to deter violations of freedom of association.

Labor unions complained the government sporadically restricted the right to strike for certain critical job categories. Other observers stated the government cooperated with the unions and did not discriminate against certain job categories. According to the local press, few companies adopted collective bargaining, but the International Labor Organization (ILO) worked with local unions and government bodies to provide guidance on conducting a dialogue among parties.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including by children, and the government effectively enforced applicable laws in the formal sector. The labor code prohibits forced labor, and the penal code outlaws slavery, with penalties sufficiently stringent to deter violations.

Nevertheless, there were reports such practices occurred during the year. Migrants from China, Guinea-Bissau, Senegal, Nigeria, and Guinea may receive wages below minimum wage and work without contracts, creating vulnerabilities to forced labor in the construction sector. There were incidents of child labor in the domestic services and agriculture sectors, with children often working long hours in dangerous conditions and at times experiencing physical and sexual abuse, indicators of forced labor (see also section 7.c.).

On January 10, the president promulgated Resolution 3/2019 that established the Second National Plan of Action on Immigration (2018-20). Migrants from West Africa came to work in the construction and hospitality sectors, and the government sought to reduce their vulnerability to exploitation and increase their integration.

In October 2018 four Chinese nationals escaped from a situation of forced labor on Sal. The government identified them as victims of labor trafficking and, with support from the IOM, repatriated them to China. In May the traffickers–two Chinese nationals and one Cabo Verdean–were sentenced.

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 2016 National List of Dangerous Work for Children expanded, codified, and prohibited types of work in which children may not engage. The law defines the worst forms of child labor as any work done by children under age 16, and dangerous work performed by children between ages 16 and 18. The National Assembly ratified ILO Convention 138 in 2011, and the legal minimum age for work is 15. The labor code does not allow children ages 15 to 18 to work more than 38 hours a week or more than seven hours a day. The labor code provides that underage children may work only on small household tasks, in apprenticeship or training programs, or to help support the family. Children ages 16 to 18 are allowed to work overtime in an emergency but may not work more than two overtime hours a day, and these extra hours may not exceed 30 hours per year. The law permits children to perform agricultural work for the family provided that work does not compromise the child’s mental and physical development. Children under age 16 are banned from performing any street work. The ILO called on the government to raise the minimum age for hazardous work from 16 to 18, in line with international standards.

Several laws prohibit child labor, and the penalties they impose were adequate, but enforcement was neither consistent nor effective. Barriers, many cultural, remained to the effective implementation of these laws. For example, not all citizens considered children working to help support their families, especially in small remote communities, as negative, even when the work by law was deemed dangerous. The government had minimal ability to monitor and enforce laws in the informal sector, estimated to represent 30 percent of the economy.

Children engaged in street work, including water and food sales, car washing, and begging, and were vulnerable to trafficking. The risk to children depended largely on where they were located; there was considerably more child labor on some islands than others. The worst forms of child labor included street work, domestic service, agriculture, animal husbandry, trash picking, garbage and human waste transport, and at times passing drugs. A psychologist working for the international NGO SOS Children’s Village warned that a child could make above the monthly minimum wage from begging.

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

d. Discrimination with Respect to Employment and Occupation

The labor law prohibits discrimination in employment and occupation based on race, color, sex, gender, disability, language, sexual orientation, gender identity, political opinion, ethnic origin, age, HIV-positive status or having other communicable diseases, or social status.

Gender-based discrimination in employment and occupation, however, occurred (see section 6). Women generally had lower economic status and less access to management positions in public- and private-sector organizations. Women experienced inequality in political and economic participation. For instance, being a homemaker is not officially recognized as employment, and national statistics report homemakers as inactive members of the labor force. In some sectors of the formal economy, women received lower salaries than men for equal work.

African immigrants worked mainly in retail, services, and construction. Immigrants generally were poorly educated and had few professional qualifications and little work experience; consequently, their wages tended to be lower. Many of these immigrants did not have a legal contract with their employers, and thus they did not enjoy many legal protections and often worked in unacceptable conditions. The ECOWAS charter permits labor mobility for citizens of member states. The country was criticized by its neighbors for failing to implement its charter responsibilities fully by not protecting legal ECOWAS migrants.

e. Acceptable Conditions of Work

The law stipulates a monthly minimum wage greater than the official estimate of the poverty income level. The law stipulates a maximum of eight hours of work per day and 44 hours per week. The law requires rest periods, the length of which depends on the work sector.

There were reports workers employed in the ubiquitous Chinese stores often received less than the minimum wage. These workers did not file formal complaints due to fear of losing their jobs and because they anticipated authorities would not take corrective action.

The law sets minimum occupational and safety standards and gives workers the right to decline to work if working conditions pose serious risks to health or physical integrity. In specific high-risk sectors, such as fishing or construction, the government may and often does provide, in consultation with unions and employers, occupational safety and health rules. The employer must also develop a training program for workers. The CNDHC noted companies generally chose to follow these rules, but that the government has insufficient resources through the Inspectorate General of Labor (IGT) to address violations.

The DGT and IGT are charged with implementing labor laws. Certain formal-sector benefits, such as social security accounts for informal workers, were enforced in the informal sector, although no penalties for violations that included fines or imprisonment were imposed during the year. The informal sector remained largely unregulated by government actors. The government made efforts to reduce work accidents and illness at work by carrying out more inspections and awareness campaigns to promote a culture of prevention and safety at work. The DGT and IGT, however, did not employ a sufficient number of inspectors to adequately enforce the law. Although companies tended to respect laws on working hours, many employees, such as domestic workers, health-care professionals, farmers, fishers, and commercial workers, commonly worked for longer periods of time than the law allows. Penalties for labor violations were generally insufficient to deter violations.

According to the IGT’s 2018 report, most irregularities detected during labor inspections related to nonsubscription to the National Institute for Social Protection, nonsubscription to mandatory insurance for job injury, and some irregularities in complying with health and safety standards. Inspections revealed the most common work violations concerned the right to vacation time and the right to rest periods between work periods.

Although there were no official studies available, some sources speculated foreign workers were more likely to be exploited than others. In 2018 between 17,000 and 22,000 immigrants, mostly from ECOWAS countries, worked in the country. Most immigrants were men (60.3 percent) older than 25 years of age, with the highest percentage between ages 25 and 44 (51.7 percent). Generally foreigners worked in civil construction, security services, hospitality, domestic services, and tourism. It was common for companies not to honor foreign workers’ rights regarding contracts, especially concerning deductions for social security.

The majority of work-related accidents reported during the year occurred in food services, the steel industry, and construction sectors. In 2018 the IGT registered 395 work-related accidents and six deaths resulting from labor accidents.

Cambodia

Executive Summary

Cambodia is a constitutional monarchy with an elected parliamentary government. The ruling Cambodian People’s Party (CPP) won all 125 National Assembly seats in the July 2018 national election, having banned the main opposition party in 2017. Prior to the victory, Prime Minister Hun Sen had already served in that position for 33 years. International observers, including foreign governments, international nongovernmental organizations (NGOs), and domestic NGOs criticized the election as neither free nor fair and not representative of the will of the people.

The Cambodian National Police (CNP) maintains internal security. The Royal Cambodian Armed Forces (RCAF) are responsible for external security and also have some domestic security responsibilities. The CNP reports to the Ministry of Interior, while the RCAF reports to the Ministry of National Defense. Civilian authorities maintained effective control over the security forces, which have at times threatened force against those who opposed Prime Minister Hun Sen and were generally perceived as an armed wing of the ruling CPP.

Significant human rights issues included: torture by the government; arbitrary detention by the government; political prisoners; arbitrary interference in the private lives of citizens, including pervasive electronic media surveillance; the absence of judicial independence; censorship and selectively enforced criminal libel laws; interference with the rights to peaceful assembly and freedom of association; restrictions on political participation; pervasive corruption, including in the judiciary; trafficking in persons; and use of forced or compulsory child labor.

A pervasive culture of impunity continued. There were credible reports that government officials, including police, committed abuses with impunity, and in most cases the government took little or no action. Government officials and their family members were generally immune to prosecution.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press. Since 2017, however, the government has carried out a sustained campaign to eliminate independent news media and dissenting voices in the country and enacted ever-greater restrictions on free expression; many individuals and institutions reported widespread self-censorship.

Freedom of Expression: The constitution grants freedom of expression except where it adversely affects public security. The constitution also declares the king is “inviolable,” and a Ministry of Interior directive implementing the criminal defamation law reiterates these limits and prohibits publishers and editors from disseminating stories that insult or defame the king, government leaders, or public institutions.

Election laws require civil society organizations to remain “neutral” during political campaigns and prohibit them from “insulting” political parties in the media. Although campaign laws require news outlets to give equal coverage to each party participating in an election, there was no evidence of the law’s enforcement during the 2018 election; news outlets gave significantly greater coverage to the CPP than to other parties.

The government used the penal code to arrest and prosecute citizens on disinformation and incitement charges, which carry a maximum sentence of three years’ imprisonment. Judges also can order fines, which may lead to jail time if not paid. Police and courts interpreted “incitement” broadly, leading to more than 40 arrests for statements posted to social media during the year.

In February 2018 the government adopted a new lesemajeste (royal insult) law that led to the arrest of at least three citizens. On January 9, Ieng Cholsa was sentenced to three years in prison for Facebook posts deemed insulting to the king. The government used criminal defamation laws to pursue perceived opponents. In September self-exiled former CNRP leader Sam Rainsy was charged with public defamation and incitement to commit felony when he accused Hun Sen of using the king as a hostage and a puppet.

Press and Media, Including Online Media: The government, military forces, and the ruling political party continued to own or otherwise influence newspapers and broadcast media; there were few significant independent sources for news. The three largest pro-CPP newspapers did not criticize the government for politically motivated acts or human rights issues. In 2017 the government shuttered 32 FM radio frequencies across 20 provinces, affecting stations relaying independent news–Radio Free Asia (RFA), Voice of America, and the Voice of Democracy.

The May 2018 National Election Committee (NEC) code of conduct for the September 2018 election established a maximum fine of 30 million riel ($7,500) for reporters who interviewed any voter near a polling station or who published news that could affect political stability or cause the public to lose confidence in the election.

Violence and Harassment: Threats and violence against journalists and reporters remained common. On January 30, Sim Chhivchhean, a reporter for the Cambodia Media Association for Freedom, was beaten unconscious while reporting on illegal fishing in Siem Reap Province. On February 4, a group of about 20 men stoned and beat Sorn Sithy to death. The motive was unknown as of October, but Sithy had been working for a year for BTBP TV online, covering social issues.

As of October, two former RFA journalists arrested in 2017 on charges of treason (charges which observers said were politically motivated), to which authorities later added charges of distribution of pornography, were awaiting the conclusion of their trial after several court hearings. On October 3, the court referred the case back to investigators for more evidence collection. NGOs and observers argued that the case against the two journalists was politically motivated and pointed to the prolonged trial and the confiscation of their passports as proof of government intimidation of the media.

Censorship or Content Restrictions: The law prohibits prepublication censorship, and no formal censorship system existed. The government, however, used other means to censor media, most notably through its control of permits and licenses for journalists and media outlets not controlled directly by the government or the CPP. Private media admitted to practicing some degree of self-censorship, in part from fear of government reprisal. Reporters claimed that newspaper editors told them not to write on topics that would offend the government and have also reported self-censoring due to the chilling effect of recent criminal cases against journalists.

Libel/Slander Laws: The government used libel, slander, defamation, and denunciation laws to restrict public discussion on issues it deemed sensitive or against its interests. In December 2018 CNRP leader Sam Rainsy was convicted of libel and ordered to pay one million dollars in damages to Prime Minister Hun Sen after publicly accusing the prime minister of accepting bribes. Rainsy has been living in exile since 2014, when he fled the country to avoid previous libel charges filed against him.

National Security: The government continued to cite national security concerns to justify restricting citizens’ rights to criticize government policies and officials.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement

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

Exile: Some government critics and opposition politicians have gone into self-imposed foreign exile. In some cases the government subsequently took steps to block exiles’ return.

f. Protection of Refugees

Refoulement: In June the government deported four Montagnards to Vietnam, after one requested to return to Vietnam and the other three were declared ineligible for asylum status.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The system, however, is not equally accessible to all refugees and asylum seekers and is not transparent. Asylum seekers who enter the country without documentation or overstay their visas are vulnerable to deportation.

Freedom of Movement: The freedom of movement of persons admitted to the country as refugees is often restricted because they lack documents needed for travel (see below).

Employment: The law allows refugees to work and operate a business. Refugees, however, are generally not provided with residence cards, making it difficult to exercise these rights.

Access to Basic Services: Persons granted refugee status require residence cards. In practice, however, refugees are instead provided with refugee cards, which are not recognized, greatly limiting refugees’ access to basic services.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. By law, however, the government has the ability to dissolve parties and ban individuals from party leadership positions and political life more broadly. The law also bars parties from using any audio, visual, or written material from a convicted criminal.

As of October only nine of 118 CNRP officials barred from political activity from 2017-22 had applied for and been granted a restoration of their political rights. Local experts and opposition party members complained the “rehabilitation” process is arbitrary, creates a false appearance of wrongdoing on the part of the banned politicians, and puts the prime minister in the position of being able to choose his own political opponents. The original ban on political activity followed the Supreme Court’s 2017 dissolution of the CNRP, a decision a number of observers decried as driven by political bias, noting that the decision to ban the CNRP was based on the accusation that its leader had committed “treason” before its leader was convicted on any charges. Along with the dissolution of the CNRP, 5,007 elected officials from the party were removed from their positions and replaced with ruling party CPP officials. As a result, the CPP now dominates all levels of government from districts and provincial councils to the national assembly.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity.

Corruption: The penal code defines various corrupt acts and specifies penalties for them. The anticorruption law establishes the National Council against Corruption and the Anticorruption Unit (ACU) to receive and investigate corruption complaints. The ACU did not collaborate frequently with civil society and was considered ineffective in combating official corruption. Instead, the ACU focused on investigations of opposition figures, leading to a widespread perception the unit served the interests of the ruling CPP. The ACU has never investigated a high-level member of the ruling party, despite widespread allegations of corruption at senior levels of the party and government. For example, according to a July 2018 al-Jazeera investigative report, the director general of the country’s taxation department violated the Australian Corporations Act and evaded Australian tax, but Cambodian authorities neither investigated nor prosecuted him. Civil servants must seek clearance and permission from supervisors before responding to legislative inquiries about corruption allegations.

Corruption was endemic throughout society and government. There were reports police, prosecutors, investigating judges, and presiding judges took bribes from owners of both legal and illegal businesses. Citizens frequently and publicly complained about corruption. Meager salaries contributed to “survival corruption” among low-level public servants, while a culture of impunity enabled corruption to flourish among senior officials.

Transparency International’s 2017 Global Corruption Barometer report noted the judiciary remained the most corrupt sector of government for the fourth year in a row, followed by law enforcement.

Financial Disclosure: The law requires public servants, including elected and appointed officials, to disclose their financial and other assets. The ACU is responsible for receiving the disclosures, with penalties for noncompliance ranging from one month to one year in prison. Senior officials’ financial disclosure statements were not publicly available and remained sealed unless allegations of corruption were filed. Only one financial disclosure statement has ever been unsealed, that of the then National Assembly vice president Kem Sokha.

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

There were multiple reports of a lack of official cooperation with human rights investigations and in some cases, intimidation of investigators by government officials. The government threatened legal action against two NGOs over the publication of a report on the negative effects of microlending on loan recipients.

Domestic and international human rights organizations reported intensifying harassment, surveillance, threats, and intimidation from local officials and persons with ties to the government. Several civil society and labor organizations reported that police raided their offices.

Approximately 25 human rights NGOs operated in the country, and a further 100 NGOs focused on other areas included some human rights matters in their work, but only a few actively organized training programs or investigated abuses.

The United Nations or Other International Bodies: The government generally permitted visits by UN representatives. The government, however, often turned down high-level meetings with UN representatives and denied them access to opposition officials, including Kem Sokha. In May Rhona Smith, the UN special rapporteur on human rights in Cambodia, conducted a 10-day mission to the country. In her meetings with the ACU, National Assembly, the NEC, the Cambodian Human Rights Committee (CHRC), and NGOs, she raised serious concerns about corruption, restrictions on media, political participation, freedom of expression, the lengthy detention of Kem Sokha, and laws on political parties. Government spokespersons regularly chastised UN representatives publicly for their remarks on a variety of human rights problems.

Government Human Rights Bodies: There were three government human rights bodies: Separate committees for the Protection of Human Rights and Reception of Complaints in the Senate and National Assembly and the CHRC, which reported to the prime minister’s cabinet. The CHRC submitted government reports for participation in international human rights review processes, such as the Universal Periodic Review, and issued responses to reports by international organizations and government bodies, but it did not conduct independent human rights investigations. Credible human rights NGOs considered the government committees of limited efficacy and criticized their role in vocally justifying the government crackdown on civil society and the opposition.

The Extraordinary Chambers in the Courts of Cambodia (ECCC) continued to investigate and prosecute leaders of the former Khmer Rouge regime who were most responsible for the atrocities committed between 1975 and 1979. The ECCC is a hybrid tribunal, with both domestic and international jurists and staff; it is governed by both domestic law and an agreement between the government and the United Nations. On June 28, the international and Cambodian coinvestigating judges each filed separate and conflicting recommendations on whether to move forward with the case against Yim Tith. As in the cases against Meas Muth and Ao An in 2018, the international coinvestigating judge recommended indictment, while the Cambodian coinvestigating judge argued the court lacked the jurisdiction to indict. As of October the ECCC had not announced if it would proceed with any of the final three cases. On August 4, Nuon Chea died at the age of 93 while the court considered the appeal of his November 2018 conviction for genocide, crimes against humanity, and grave breaches of the Geneva Conventions of 1949.

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 broadly provides for the right of private-sector workers to form and join trade unions of their own choice, the right to bargain collectively, and the right to strike. Nevertheless, the law puts significant restrictions on the right to organize, limits the right to strike, curbs the right to assemble, facilitates government intervention in internal union affairs, excludes certain categories of workers from joining unions, permits third parties to seek the dissolution of trade unions, and imposes minor penalties on employers for unfair labor practices.

Onerous registration requirements amount to a requirement for prior authorization for union formation. Union registration requirements include filing charters, listing officials and their immediate families, and providing banking details to the Ministry of Labor and Vocational Training. The law forbids unregistered unions from operating. Civil servants, teachers, workers employed by state-owned enterprises, and workers in the banking, health care, and informal sectors may form only “associations,” not trade unions, affording them fewer worker protections than unionized trades. The law also prohibits workers who have been convicted of a crime from union leadership, management, or administration, and restricts illiterate workers and those younger than age 18 from holding union leadership.

Some employers reportedly refused to sign notification letters to recognize unions officially or to renew short-term contract employees who had joined unions. (Approximately 80 percent of workers in the formal manufacturing sector were on short-term contracts.) Employers and local government officials often refused to provide necessary paperwork for unions to register. Labor activists reported many banks refused to open accounts for unregistered unions, although unions are unable by law to register until they provide banking details. Provincial-level labor authorities reportedly indefinitely stalled registration applications by requesting more materials or resubmissions due to minor errors late in the 30-day application cycle, although anecdotal evidence suggested this practice has decreased, particularly for garment- and footwear-sector unions.

Workers reported various obstacles while trying to exercise their right to freedom of association. There were reports of government harassment targeting independent labor leaders, including the use of spurious legal charges. Several prominent labor leaders associated with the opposition or independent unions had charges pending against them or were under court supervision. On May 28, the Appeals Court acquitted six prominent union leaders who had been criminally charged for their alleged involvement in a violent wage protest in 2014. In July, however, the court convicted a newly elected president of the Coalition of Cambodian Apparel Workers Democratic Union of violence related to protests in 2016.

Reports continued of other forms of harassment. For the first half of the year, some NGOs and unions complained that police were monitoring their activities and intimidating participants by sending uniformed police to stand outside their offices during meetings (see section 2.b.).

The International Labor Organization (ILO) noted reports of antiunion discrimination by employers through interference with and dismissal of members of independent unions, as well as through the creation of employer-backed unions. Although the law affords protection to union leaders, many factories successfully terminated elected union officials prior to the unions’ attainment of formal registration.

The law stipulates that workers can strike only after meeting several requirements, including the successful registration of a union; the failure of other methods of dispute resolution (such as conciliation, mediation, and arbitration); completion of a 60-day waiting period following the emergence of the dispute; a secret-ballot vote of the absolute majority of union members; and seven days’ advance notice to the employer and the Ministry of Labor and Vocational Training. Strikers can be criminally charged if they block entrances or roads or engage in any other behavior interpreted by local authorities as harmful to public order. A court may issue an injunction against the strike and require the restart of negotiations with employers.

There were credible reports of workers dismissed on spurious grounds after organizing or participating in strikes. Unions initiated most strikes without meeting all the requirements stated above, making them technically illegal, according to Better Factories Cambodia (BFC). Participating in an illegal strike, however, is not in itself a legally acceptable reason for dismissal. In some cases employers failed to renew the short-term contracts of active unionists; in others, they pressured union personnel or strikers to accept compensation and quit. Government-sponsored remedies for these dismissals were generally ineffective.

The Ministry of Labor and Vocational Training’s Strike Demonstration Resolution Committee reported that during the first half of the year, 16,585 workers conducted 26 strikes and demonstrations, compared with 28 strikes involving 4,617 workers in the same period of 2018. The report said the committee resolved 16 of the 26 cases successfully while 10 others went to the Arbitration Council.

During the year, the government restricted workers’ right to assembly. On January 2, police pulled down a public display by a group of associations and unions marking the anniversary of a violent government crackdown on a 2014 strike. Phnom Penh municipal authorities initially denied a request by 12 associations and unions to celebrate the March 8 Women’s Day at the National Stadium, but the government eventually allowed these groups to hold a celebration inside the stadium, although it deployed large numbers of riot police to prevent them from leaving the area.

The resolution of labor disputes was inconsistent, largely due to government officials’ ability to classify disputes as “individual” rather than “collective” disputes. The Arbitration Council only hears collective disputes. Unions reported progress in “minority” unions’ ability to represent workers in collective disputes. The Arbitration Council noted it received 68 cases in the first seven months of the year, up from 28 cases for the same period last year, reflecting the ability of minority unions to represent workers in disputes.

There is no specialized labor court. Labor disputes that are designated “individual” disputes may be brought before the courts, although the judicial system was neither impartial nor transparent.

The law places significant, detailed reporting responsibilities and restrictions on labor unions. Union representatives feared many local chapters would not be able to meet the requirements.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor.

The government did not effectively enforce the law. Officials reported difficulties in verifying working conditions and salaries in the informal fishing, agricultural, construction, and domestic-service sectors. Legal penalties for forced labor were stringent, including imprisonment and fines, but these penalties were insufficient to deter violations. Although the government made efforts to highlight the problem of forced labor, the extent to which these efforts were effective remained unclear. Moreover, there was some evidence that employers, particularly those operating brick kilns, were violating the law prohibiting forced or bonded labor, and that some local government authorities were turning a blind eye to such abuses. The majority of brick-factory workers did not have access to the free medical care provided by the National Social Security Fund, because those factories were not registered as fund members.

Third-party debt remained an important issue driving forced labor. According to an August report from human rights group LICADHO (Cambodian League for the Promotion and Defense of Human Rights), two million Cambodians have loans to microfinance lenders, and levels of debt have “skyrocketed” in recent years, leading to child labor and bonded labor. According to a 2017 survey, 48 percent of 1,010 construction workers in Phnom Penh had debts; 75 percent of the debtors owed money to microfinance lending operations or banks, and 25 percent owed money to family members.

Because most construction companies and brick factories operate informally and without registration, workers in those sectors have few benefits. They are not entitled to a minimum wage, lack insurance, and work weekends and holidays with few days off.

Forced labor, usually related to overtime work, remains an issue in factories making products for export. Unions and workers reported some factory managers had fired workers who refused to work overtime.

Children were also at risk of forced labor (see section 7.c.).

Also see the Department of State’s annual 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 establishes 15 as the minimum age for most employment and 18 as the minimum age for hazardous work. The law permits children age 12 to 15 to engage in “light work” that is not hazardous to their health and does not affect school attendance; an implementing regulation provides an exhaustive list of activities considered “heavy work.” These include agriculture, brickmaking, fishing, tobacco, and cassava production. The law limits most work by children age 12 to 15 to a maximum of four hours on school days and seven hours on nonschool days and it prohibits work between 8 p.m. and 6 a.m.

In May 2018 the Ministry of Labor and Vocational Training issued a regulation that provided clear definitions of household work and set the minimum age for household work at 18. The regulation, however, does not specify rights for household workers employed by relatives. While the regulation extends minimum age protections to domestic workers, the labor code does not apply to children outside of formal employment, so children participating in other forms of informal employment are not protected under existing minimum age laws.

The law stipulates fines of up to 60 times the prevailing daily base wage for persons convicted of violating the country’s child labor provisions, but they were not sufficient to deter violations, and such sanctions were rarely imposed.

The Department of Child Labor, part of the Ministry of Labor and Vocational Training, employed an insufficient number of inspectors to effectively enforce the law. Child labor inspections were concentrated in Phnom Penh and provincial, formal-sector factories producing goods for export, rather than in rural areas where the majority of child laborers work. In addition, the National Committee on Countering Child Labor reported the labor inspectorate does not conduct inspections in hospitality or nightlife establishments after business hours because the inspectorate lacks funds to pay inspectors overtime. In 2018 the government imposed penalties on 10 firms for violations of child labor standards, which was significantly lower than the reported prevalence of child labor in the country.

Inadequate training also limited the capacity of local authorities to enforce these regulations, especially in rural areas and high-risk sectors.

Children were vulnerable to the worst forms of child labor, including in agriculture, brick making, and commercial sex (also see section 6, Children). On March 9, a nine-year-old girl lost her arm in a brick-molding machine in a brick kiln in Kandal Province’s Ksach Kandal district. No criminal action was taken against the owner of the brick kiln. Poor access to basic education and the absence of compulsory education contributed to children’s vulnerability to exploitation. Children from impoverished families were at risk because some affluent households reportedly used humanitarian pretenses to hire children as domestic workers whom they abused and exploited. Children were also forced to beg.

Child labor in export-sector garment factories declined significantly in recent years. Some analysts attributed the decline to pressure from BFC’s mandatory remediation program. Since 2015 the BFC has found fewer than 20 child workers per year in a pool of approximately 550 such factories. In its latest available report for May 1, 2017, to June 30, 2018, the BFC discovered only 10 children younger than age 15 working in export garment factories. The BFC and others expressed concern, however, that child labor and other abuses may be more prevalent in factories making footwear and travel goods for export, since these sectors do not fall under BFC’s mandate for monitoring.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination based on race, color, sex, disability, religion, political opinion, birth, social origin, HIV-positive status, or union membership. The law does not explicitly prohibit employment discrimination based on sexual orientation or gender identity, age, language, or communicable disease. The constitution stipulates that citizens of either sex shall receive equal pay for equal work.

The government generally did not enforce these laws. Penalties for employment discrimination include fines, civil, and administrative remedies. Penalties were not sufficient to deter violations.

Harassment of women was widespread. A BFC report in March 2018 said more than 38 percent of workers surveyed felt uncomfortable “often” or “sometimes” because of behavior in their factory, and 40 percent did not believe there was a clear and fair system for reporting sexual harassment in their factory.

e. Acceptable Conditions of Work

The Ministry of Labor and Vocational Training is responsible for enforcing labor laws, but the government did not effectively enforce the law. Penalties were seldom assessed and were insufficient to address problems. Outside the export garment industry, the government rarely enforced working-hour regulations. The government enforced standards selectively due to poorly trained staff, lack of necessary equipment, and corruption. Ministry officials admitted their inability to carry out thorough inspections on working hours and said they relied upon the BFC to do such inspections in export-oriented garment factories.

The Ministry of Labor and Vocational Training, however, did conduct training and testing for more than 600 labor inspectors during the year and stated that each inspector was required to pass a test to stay on the job.

Work-related injuries and health problems were common. On June 23, a Chinese-owned and -designed facility collapsed in Sihanoukville, killing 26 local workers and injuring 26 others. Those victims and their families could not get full compensation from the National Social Security Fund (NSSF) because the construction company was not registered.

There was insufficient inspection of construction worksites by the government. Occupational safety and health laws for the construction industry have penalties that are not sufficient to deter violations.

The minimum wage covered only the garment and footwear sector. It was more than the official estimate for the poverty income level.

By law workplace health and safety standards must be adequate to provide for workers’ well-being. Labor inspectors assess fines according to a complex formula based on the severity and duration of the infraction, as well as the number of workers affected. Labor ministry inspectors are empowered to assess these fines on the spot, without the cooperation of police, but there are no specific provisions to protect workers who complain about unsafe or unhealthy conditions. The number of inspectors was insufficient to effectively enforce the law. In June the government ordered provincial officials to inspect brick kilns for child and bonded labor, and it launched a campaign to eliminate child labor in brick kilns by the end of the year.

Mass fainting remained a problem. The NSSF noted that 417 workers in five factories reportedly fainted during the first six months of the year, down from 1,350 workers during the same period in 2018. Observers reported excessive overtime, poor health, insufficient sleep, poor ventilation, lack of nutrition, pesticides in nearby rice paddies, and toxic fumes from production processes all continued to contribute to mass fainting.

Compliance with safety and health standards continued to be a challenge in the garment export sector largely due to improper company policies, procedures, and poorly defined supervisory roles and responsibilities.

The NSSF reported that during the first half of the year, 24 workers died in traffic accidents on the way to or from work, an increase from eight in the same period in 2018. The accidents injured 920 others, an increase from 62 during the same period in 2018. Workers’ unsafe transportation was a big concern for stakeholders of the garment industry. On April 4, five workers lost their arms in a crash when the truck they were riding on collided with another truck.

Workers and labor organizations raised concerns that the use of short-term contracts (locally known as fixed duration contracts) allowed firms, especially in the garment sector where productivity growth remained relatively flat, to avoid certain wage and legal requirements. Fixed duration contracts also allowed employers greater freedom to terminate the employment of union organizers and pregnant women simply by failing to renew their contracts. The law limits such contracts to a maximum of two years, but more recent directives allow employers to extend this period to up to four years. The Arbitration Council and the ILO disputed this interpretation of the law, noting that after 24 months, an employee should be offered a permanent “unlimited duration contract.” (Also see section 7.a.).

The law provides for a standard legal workweek of 48 hours, not to exceed eight hours per day. The law establishes a rate of 130 percent of daytime wages for nightshift work and 150 percent for overtime, which increases to 200 percent if overtime occurs at night, on Sunday, or on a holiday. Employees may work a maximum two hours of overtime per day. The law prohibits excessive overtime, states that all overtime must be voluntary, and provides for paid annual holidays. Workers in marine and air transportation are not entitled to social security and pension benefits and are exempt from limitations on work hours prescribed by law.

Workers reported overtime was often excessive and sometimes mandatory; many complained that employers forced them to work 12-hour days, although the legal limit is 10, including overtime. Workers often faced dismissal, fines, or loss of premium pay if they refused to work overtime.

Comoros

Executive Summary

The Union of the Comoros is a constitutional, multiparty republic. The country consists of three islands–Grande Comore (also called Ngazidja), Anjouan (Ndzuani), and Moheli (Mwali)–and claims a fourth, Mayotte (Maore), that France administers. In March presidential elections occurred following the passage of the 2018 constitution. Elections were not free and fair, and international and domestic observers noted the election was marked by significant irregularities. The opposition did not recognize the results due to allegations of ballot stuffing, intimidation, and harassment. Observers considered the 2015 legislative elections to be generally free and fair.

The National Development Army and the Federal Police have responsibility for law enforcement and maintenance of order within the country. The National Development Army includes both the gendarmerie and the Comorian Defense Force. It reports to the president’s cabinet director for defense. The National Directorate of Territorial Safety, which oversees immigration and customs, reports to the minister of interior, information, and decentralization. The Federal Police report to the minister of interior. The gendarmerie’s intervention platoon also may act under the authority of the interior minister. When the gendarmerie serves as the judicial police, it reports to the minister of justice. Civilian authorities generally maintained effective control over police and other security forces.

Significant human rights issues included: torture; arbitrary detention; harsh and life-threatening prison conditions; political prisoners; the worst forms of restrictions on free expression, the press, and the internet, including violence, threats of violence, and unjustified arrests or prosecutions against journalists; severe restrictions of religious freedom; widespread acts of corruption; trafficking in persons; the existence or use of laws criminalizing consensual same-sex sexual conduct between adults; and use of forced child labor in domestic work, fishing, and agriculture.

Impunity for human rights violations was widespread. Although the government discouraged officials from committing human rights violations and sometimes arrested or dismissed officials implicated in such violations, they were rarely tried.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech, including for the press, with some limitations on press freedom.

Freedom of Expression: In July 2018 the country adopted a constitution that establishes Islam as the state religion and notes, “the state will draw on Sunni principles and rules, and Shafi’i rites which regulate belief and social life.” The law establishes Sunni Islam under the Shafi’i doctrine as the “official religious reference” and prohibits the performance of non-Sunni religious rituals in public places on the basis that such religious practices would “affront” society’s cohesion and endanger “national unity.” Individuals may not criticize the government or raise matters of public interest without restriction. The law criminalizes libel.

Press and Media, Including Online Media: Independent media were active and expressed a variety of views, but not without restriction. Some journalists practiced self-censorship.

Violence and Harassment: Some journalists were subjected to violence or harassment by government authorities due to their reporting. In February police arrested administrators of a private online radio station Facebook FM and accused them of insulting a high authority, disturbing public order, and incitement to hatred and defamation. Authorities released them without charge on May 31.

Censorship or Content Restrictions: On April 1, the government blocked the printing of the three main daily newspapers for that day’s issue. The three papers had written articles protesting the arrest and harassment of journalist Toufe Maecha.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, but the government did not always respect these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement and foreign travel, and the government generally respected these rights. No specific constitutional or legal provisions deal with emigration and repatriation.

The country continues to claim sovereignty over the island of Mayotte, which France has administered since the island voted to remain part of France in a 1974 referendum in which the other three islands voted for independence. The government insists on the right of Comorians to travel freely to Mayotte despite the implementation of the so-called Balladur visa in 1995, which prevents most Comorians from doing so. Consequently, illegal migration to visit relatives, to seek medical care, or for other reasons continued, prompting the repatriation of more than 20,000 Comorians per year.

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. According to the Office of the UN High Commissioner for Refugees, there were no registered refugees, returning refugees, asylum seekers, or other persons of concern in the country.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Citizens exercised that ability, although electoral irregularities marred the presidential election.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity.

The National Commission for Preventing and Fighting Corruption (CNPLC) was an independent administrative authority established to combat corruption, including through education and mobilization of the public. In 2016 the president repealed the provisions of the law that created the commission, citing its failure to produce any results. The Constitutional Court subsequently invalidated this decision, noting that a presidential decree may not overturn a law. Nevertheless, the president has neither renewed the commissioners’ mandates nor appointed replacement members.

Corruption: Resident diplomatic, UN, and humanitarian agency personnel reported petty corruption was commonplace at all levels of the civil service and security forces. Businesspersons reported corruption and a lack of transparency, while the World Bank’s Worldwide Governance Indicators reflected that corruption was a significant problem. Citizens paid bribes to evade customs regulations, to avoid arrest, and to obtain falsified police reports.

On April 15, the court in Moroni heard embezzlement charges against former finance minister Mohamed Bacar Dossar, the former vice president in charge of finance, Mohamed Ali Soilihi, and former president Ahmed Abdallah Sambi. Sambi is currently under arrest, while the others were told they could not leave the country until after the trial. As of October the court continued proceedings.

Financial Disclosure: The law requires high-level officials at national and island levels to declare their assets prior to entering office. The submission of a disclosure is made public, but the disclosure itself is not. Conviction of failure to comply is punishable by fines and up to two years’ imprisonment. In 2016 the CNPLC reported that all officials subject to the law filed financial disclosures; however, the mandates of CNPLC commissioners have not been renewed since 2017, and it is unclear whether any other organization has taken on the oversight role.

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

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

Government Human Rights Bodies: Domestic NGOs largely supplanted government ministries on human rights issues. By law the governmental National Commission for Human Rights and Liberties is mandated to investigate human rights abuses and to make recommendations to concerned authorities.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions of their choice without previous authorization or excessive requirements. It provides for the right to strike but requires an eight-day notification period and a declaration of the reason for the strike and its duration. Civil servants must provide 15 days’ notice. The law includes a mandatory conciliation process for resolving labor disputes with recourse to the courts. Unions have the right to bargain collectively.

The law allows unions to conduct their activities without government interference. The law does not prohibit antiunion discrimination by employers in hiring practices or other employment functions. Worker organizations are independent of the government and political parties. There are no laws protecting strikers from retribution. The government did not effectively enforce the law. Resources, inspections, and remediation were inadequate. Penalties for violations, including ordering employers to pay indemnities and damages to the employee, were sufficient to deter violations but were seldom applied. Labor disputes may be brought to the attention of the Labor Tribunal.

Workers exercised their labor rights, and strikes occurred in the public sector (education, workers at the port of Anjouan, health, and road transport). There were no reports of retribution against strikers. Common problems included failure to pay salaries regularly or on time, mostly in the government sector, and unfair and abusive dismissal practices, such as dismissing employees without giving proper notice or paying the required severance pay. There were reported incidents of antiunion discrimination during the year.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, with certain exceptions for military service, community service, and during accidents, fires, and disasters. During times of national emergency, the government’s civil protection unit may compel persons to assist in disaster recovery efforts if it is unable to obtain sufficient voluntary assistance. The labor code prohibits forced child labor, with specific antitrafficking provisions. The law requires prisoners awaiting trial to work.

The government did not consistently enforce the law. Resources, inspections, and remediation were inadequate. Penalties were not sufficient to deter violations. The government did not make tangible efforts to prosecute traffickers and protect victims.

The government did not identify any cases of adult forced labor.

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 all of the worst forms of child labor. The law establishes 15 as the minimum age for employment, and 18 as the minimum age for hazardous work.

Labor inspectors were responsible for monitoring all potential violations of labor law and did not focus only on child labor cases. Regulations permit light apprentice work by children younger than 15 if it does not hinder the child’s schooling or physical or moral development. The labor code, however, does not specify the conditions under which light work may be conducted or limit the number of hours for light work, as defined by international child labor standards. In accordance with the labor code, labor inspectors may require the medical examination of a child by an accredited physician to determine if the work assigned to a child is beyond his or her physical capacity. Children may not be kept in employment deemed beyond their capacity. If suitable work cannot be assigned, the contract must be nullified and all indemnities paid to the employee.

The labor code identifies hazardous work where child labor is prohibited, including the worst forms of child labor. Child labor infractions are punishable by fines and imprisonment. The government did not enforce the law. The Ministry of Labor is responsible for enforcing child labor laws, but it did not do so actively or effectively. Penalties for violations were not sufficient to deter violations. Child labor laws and regulations do not provide children working in unpaid or noncontractual work the same protections as children working in contractual employment. Children worked in subsistence farming, fishing, and extracting and selling sand. Children worked in growing subsistence food crops such as manioc and beans and in the cultivation of cash crops such as vanilla, cloves, and ylang-ylang (a flower used to make perfume). Some children worked under forced labor conditions, primarily in domestic service and family-based agriculture and fishing. Some Quranic schools arranged for indigent students to receive lessons in exchange for labor that sometimes was forced. Some families placed their children in the homes of wealthier families where they worked in exchange for food, shelter, or educational opportunities.

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

d. Discrimination with Respect to Employment and Occupation

The law provides for equality of persons without regard to gender, creed, belief, origin, race, or religion The law forbids employers from discriminating on the basis of race, skin color, sex, religion, political opinion, national ancestry, social origin, or actual or presumed state of health (such as HIV/AIDS). The law does not address sexual orientation. In rural areas women tended to be relegated to certain types of work, and the UN Development Program reported women were underrepresented in leadership roles. There were no official reports of discrimination, however.

e. Acceptable Conditions of Work

A committee called the Labor Collective–consisting of representatives of unions, employers, and the Ministry of Labor–met periodically regarding an enforceable national minimum wage. The existing minimum wage is only a guideline. The law provides for a 40-hour workweek, except in the agriculture sector, where it sets the maximum hours of work at 2,400 per year (equivalent to 46 hours per week). The minimum weekly rest period is set at 24 consecutive hours. The law provides for paid annual leave accumulated at the rate of 2.5 days per month of service. There are no provisions to prohibit compulsory overtime; overtime is determined through collective bargaining. There are no sectors or groups of workers excluded from these laws within the formal sector, but the law does not apply to the informal sector, estimated to include 73 percent of workers. The official estimate for the poverty income level is less than prevailing minimum wages.

The government, specifically the Ministries of Finance and Labor, sets wages in the large public sector and imposes a minimum wage in the small, formal private sector. Although the unions, national government, and local governments did not enforce the minimum wage law and workweek standards, unions had adequate influence to negotiate minimum wage rates for different skill levels for unionized jobs. These provisions applied to all workers, regardless of sector or country of origin. Unions promoted this de facto minimum wage via their ability to strike against employers.

The government did not effectively enforce the law. Penalties were not sufficient to deter violations. There were four labor inspectors (two on Grande Comore and one each on Anjouan and Moheli), but they did not have enough resources to perform their duties. The number of labor inspectors was insufficient to enforce compliance.

The labor code includes a chapter on occupational safety and health requirements, but these were seldom enforced. Fishing was considered the most hazardous work. Mostly self-employed, fishermen worked from often unsafe canoes. There was no credible information on the number of occupational accidents. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. There were no known industrial accidents, although fishermen and fisherwomen died while fishing in rough seas from small boats.

Costa Rica

Executive Summary

Costa Rica is a constitutional republic governed by a president and a unicameral legislative assembly directly elected in multiparty elections every four years. In April 2018 voters elected Carlos Alvarado of the Citizen’s Action Party (PAC) as president during a second round of elections. All elections were considered free and fair.

The country has no military forces. Civilian authorities maintained effective control over the 13 agencies that have law-enforcement components, including the judicial branch’s Judicial Investigative Organization. The Ministry of Public Security is responsible for the uniformed police force, drug control police, border police, air wing, and coast guard. The Immigration Office is responsible for the immigration police. The Ministry of Public Works and Transportation supervises the traffic police, the Ministry of Environment supervises park police, and the Ministry of Justice manages the penitentiary police. Several municipalities manage municipal police forces. Civilian authorities maintained effective control over the security forces.

There were no reports of significant human rights abuses.

The government investigated and prosecuted officials who committed abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. On August 9, the Constitutional Chamber of the Supreme Court rejected an effort from the association of journalists to restrict the practice of journalism through compulsory licensing of journalists.

Violence and Harassment: Police investigated an explosive device that on July 27 damaged the building of a news outlet. It was not clear if the perpetrator intended to target the news outlet, but indications as of October pointed to a deliberate attempt to suppress the outlet’s operations.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has an established system for providing protection to refugees. The law requires authorities to process the claims within three months of receipt, but decisions took an average of 14 months and an additional 12 months for the appeals process.

The number of persons seeking asylum increased significantly. The Migration Authority handled a growing number of migrants requesting refugee status, with the majority from Nicaragua. According to the Migration Authority, from April 2018 to September 2019, more than 70,000 claims were either actively pending or pending an initial appointment to submit a claim, with an average of 2,000 new applications per month since the beginning of the year. As of August migration authorities reported receiving 22,639 asylum claims, of which 18,170 were Nicaraguans, 1,586 Venezuelans, 933 Salvadorans, 777 Colombians, and 589 Cubans, among others. The average time for resolving a pending asylum claim was 18 months from the submission of the asylum request.

As of August the Appeals Tribunal, which adjudicates all migration appeals, had a backlog of 295 asylum cases but stated these figures would increase as pending claims at first instance moved to the appeals process. UNHCR provided support to the Refugee Unit and the Appeals Tribunal to hire additional legal and administrative personnel to assist with reduction of the backlog.

Employment: Refugee regulations provide asylum seekers an opportunity to obtain work permits if they have to wait beyond the three months the law allows for a decision on their asylum claim (which occurred in virtually all cases). The waiting period for a work permit was compounded by the months-long delay most asylum seekers faced in obtaining an appointment to file an asylum application, at which point the three-month period begins. Refugees and asylum seekers reported job opportunities were scarce. In the case of professionals, refugees and asylum seekers faced significant bureaucratic processes in obtaining a license to practice locally.

Access to Basic Services: By law asylum seekers and refugees have access to public services and social welfare programs, but access was often hampered by lack of knowledge about their status in the country, service providers failing to recognize the identification provided to asylum seekers by the Migration Authority, and feelings of xenophobia among some service providers. For example, asylum seekers without employers (who constituted the majority of asylum seekers) faced restrictions when enrolling voluntarily as independent workers in the public health system.

Asylum seekers received provisional refugee status documents legalizing their status after appearing for an interview with the General Directorate of Immigration, for which the estimated wait time was eight months. Provisional refugee identity cards do not resemble other national identity documents, and although government authorities generally accepted them, many private citizens did not. Upon receiving refugee status, which typically took two years, refugees could obtain an identity document similar to those used by nationals at a cost of 39,000 colones ($68), renewable every two years.

Refugees and asylum seekers reported that access to health services was difficult. They qualified for public health services only if they were minors, pregnant, or facing a life-threatening emergency, but some individuals reported being denied services even in emergency situations.

Displaced university students who had fled Nicaragua due to harassment for their political opposition activities reported difficulty registering for classes because Costa Rican institutions were inflexible in requiring academic records that they could not obtain from Nicaraguan authorities.

Durable Solutions: The government continued to implement a Protection Transfer Arrangement in coordination with UNHCR and the International Organization for Migration for refugee resettlement in third countries. The government was committed to local integration of refugees both legally and socially and to facilitating their naturalization process.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

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

Corruption: The investigations into the 2017 corruption and influence peddling case (known locally as “Cementazo”), related to loans and policies benefiting cement importer Juan Carlos Bolanos, continued. On August 12, a special committee of the National Assembly recommended the Solicitor’s Office reopen the investigations related to a report submitted to the National Assembly in 2018 exonerating former president Solis.

Financial Disclosure: Public officials are subject to financial disclosure laws that require senior officials to submit sworn declarations of income, assets, and liabilities. The law requires income and asset disclosure by appointed and elected officials. The content of the declarations is not available to the public. The law stipulates administrative sanctions for noncompliance and identifies which assets, liabilities, and interests public officials must declare. Officials are required to file a declaration annually and upon entering and leaving office.

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

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

Government Human Rights Bodies: The Ombudsman’s Office reviews government action or inaction that affects citizens’ rights and interests. The ombudsman is accountable to the National Assembly, which appoints the person to a four-year term and funds office operations. The ombudsman participates in the drafting and approval of legislation, promotes good administration and transparency, and reports annually to the National Assembly with nonbinding recommendations. International institutions and nongovernmental organization observers recognized the Ombudsman’s Office as an independent and effective instrument for promoting human rights.

A special committee of the National Assembly studies and reports on problems relating to the violation of human rights, and it also reviews bills relating to human rights and international humanitarian law.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The government respected these rights. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. Unions must register, and the law provides a deadline of 15 days for authorities to reply to a registration request. Restrictions on the minimum number of employees (12) needed to form a union may have hampered freedom of association in small enterprises. The law permits foreign workers to join unions but prohibits them from holding positions of authority within the unions, except for foreign workers who are married to citizens of the country and have legally resided in the country for at least five years.

The labor code stipulates that at least 50 percent of the workers in an enterprise must vote to support a strike. The law, however, adds that even if there is no union at the enterprise or if the union lacks the support of 50 percent of the workforce, a strike may be initiated if 35 percent of the workers call for a vote, by secret ballot. The law restricts the right to strike for workers in services designated as essential by the government, including in sectors such as oil refineries and ports that are not recognized as essential services under international standards.

The law also permits two other types of worker organizations unique to the country: “solidarity associations,” legal entities recognized by the constitution that have both management and employee membership and serve primarily to administer funds for severance payments; and “permanent committees,” enterprise-level bodies made up of three workers elected to negotiate “direct agreements” with employers. Both entities may coexist and share membership with labor unions. The law also requires that permanent committee members be elected freely by secret ballot without intervention of the employer.

The law requires employers to initiate the bargaining process with a trade union if more than one-third of the total workforce, including union and nonunion members, requests collective bargaining, but the law also permits direct bargaining agreements with nonunionized workers. The law prohibits solidarity associations from representing workers in collective bargaining negotiations or in any other way that assumes the functions or inhibits the formation of trade unions. Although public-sector employees are permitted to bargain collectively, the Supreme Court held that some fringe benefits received by certain public employees were disproportionate and unreasonable, and it repealed sections of collective bargaining agreements between public-sector unions and government agencies, thus restricting this right in practice. In May the Constitutional Chamber of the Supreme Court repealed sections of the collective bargaining agreement between the labor union (Sitrapequia) and the National Oil Refinery (Recope). The court’s decision also ratified the ceiling of 12 years for severance pay when an employee is terminated.

The government effectively enforced applicable laws, and penalties were sufficient to deter violations. While the law establishes sanctions (fines and fees) for infractions, only the judiciary has the authority to apply such sanctions. The amount of fines and fees is determined by the severity of the infraction and is based on the minimum wage. The reformed labor code requires labor claims to be processed within two years and sets up a special summary procedure for discrimination claims. The reformed labor code also strengthens protections for labor union members, including protections against discrimination based on labor affiliation and special protections via special expedited proceedings. The Labor Ministry reported an increase in the number of fines collected and in the scheduling of hearings since the reformed labor code entered into force in 2018.

Freedom of association and collective bargaining were generally respected. Labor unions asserted that solidarity associations set up and controlled permanent committees at many workplaces, which in turn conducted negotiations and established direct agreements. Labor unions also asserted that employers sometimes required membership in a solidarity association as a condition for employment. To the extent that solidarity associations and permanent committees displaced trade unions, they affected the independence of workers’ organizations from employers’ influence and infringed on the right to organize and bargain collectively. In recent years the International Labor Organization (ILO) reported an expansion of direct agreements between employers and nonunionized workers and noted its concern that the number of collective bargaining agreements in the private sector continued to be low when compared with a high number of direct agreements with nonunionized workers.

In some instances employers fired employees who attempted to unionize. The Ministry of Labor reported 16 cases of firing a labor leader and 22 complaints of antiunion discrimination (dismissal of labor leader) from January to July. There were reports some employers also preferred to use “flexible,” or short-term, contracts, making it difficult for workers to organize and collectively bargain. Migrant workers in agriculture frequently were hired on short-term contracts (five months) through intermediaries, faced antiunion discrimination and challenges in organizing, and were often more vulnerable to labor exploitation.

The ILO noted no trade unions operated in the country’s export-processing zones and identified the zones as a hostile environment for organizing. Labor unions asserted that efforts by workers in export-processing zones to organize were met with illegal employment termination, threats, and intimidation and that some employers maintained blacklists of workers identified as activists.

b. Prohibition of Forced or Compulsory Labor

The law prohibits and criminalizes all forms of forced or compulsory labor. The government effectively enforced the law. The law establishes criminal penalties for trafficking in persons crimes that are proportional to the severity of the crimes and were sufficient to deter violations. In 2018 the Attorney General’s Office reported two convictions of trafficking for labor exploitation involving two victims from Nicaragua and another from Guatemala.

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 child and adolescence code prohibits labor of all children younger than age 15 without exceptions, including the worst forms of child labor; it supersedes the minimum working age of 12 established in the labor code. Adolescents between the ages of 15 and 18 may work a maximum of six hours daily and 36 hours weekly. The law prohibits night work and overtime for minors. The law prohibits children younger than age 18 from engaging in hazardous or unhealthy activities and specifies a list of hazardous occupations. The government generally enforced child labor laws effectively in the formal sector but not in the informal sector.

Child labor occurred primarily in the informal economy, especially in the agricultural, commercial, and industrial sectors. The worst forms of child labor occurred in agriculture on small third-party farms in the formal sector and on family farms in the informal sector. Forced child labor reportedly occurred in some service sectors, such as construction, fishing, street vending, and domestic service, and some children were subject to commercial sexual exploitation (see section 6, Children).

While the Ministry of Labor is responsible for enforcing and taking administrative actions against possible violations of, or lack of compliance with, child labor laws, the Prosecutor’s Office intervenes in cases regarding the worst forms of child labor. The government effectively enforced the law. As with other labor laws, the authority to sanction employers for infractions lies solely with the judiciary, and the law requires labor inspectors to initiate legal cases with the judiciary after exhausting the administrative process. The amount of fines and fees is determined by the severity of the infraction and is based on an equation derived from the minimum wage. Penalties were generally sufficient to deter violations.

On June 12, the government announced that 500 working minors returned to schools after receiving conditional cash transfers through an agreement between the Labor Ministry and the Welfare Institute.

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

d. Discrimination with Respect to Employment and Occupation

The laws and regulations prohibit discrimination regarding race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, HIV-positive status, or other communicable diseases status. The labor code prohibits discrimination based on age, ethnicity, gender, religion, race, sexual orientation, civil status, political opinion, nationality, social status, affiliation, disability, labor union membership, or economic situation. The government effectively enforced these laws and regulations, and penalties were sufficient to deter violations. The Labor Ministry reported seven cases of discrimination from January to June. The ministry continued to implement a gender-equality perspective into labor inspections to identify areas of vulnerability.

Discrimination in employment and occupation occurred with respect to persons with disabilities and the LGBTI population. Discrimination against migrant workers occurred, and there were reports of instances of employers using threats of deportation to withhold their wages.

e. Acceptable Conditions of Work

The wage council of the Ministry of Labor sets the minimum wage scale for the public and private sectors twice a year. Monthly minimum wages were above the poverty line. The national minimum wage applied to both Costa Rican and migrant workers. The law sets workday hours, overtime remuneration, days of rest, and annual vacation rights. Workers generally may work a maximum of eight hours a day or 48 hours weekly. Workers are entitled to one day of rest after six consecutive days of work, except in the agricultural sector, and annual paid vacations. The law provides that workers be paid for overtime work at a rate 50 percent above their stipulated wage or salary. Although there is no statutory prohibition against compulsory overtime, the labor code stipulates the workday may not exceed 12 hours, except in the agricultural sector when there is “imminent risk of harm…to the harvest” when work cannot be suspended and workers cannot be substituted.

The government maintains a dedicated authority to enforce occupational safety and health (OSH) standards. The OSH standards are appropriate for the main industries in the country, according to the National Council of Occupational Safety and Health. The Labor Ministry’s National Council of Occupational Health and Safety is a tripartite OSH regulatory authority with government, employer, and employee representation. Penalties were sufficient to deter violations, although the government did not enforce these standards effectively in either the formal or the informal sectors.

Workers may remove themselves from situations that endanger health or safety without jeopardizing their employment. According to the Labor Ministry, this is a responsibility shared by the employer and employee. The law assigns responsibility to the employer, including granting OSH officers access to workplaces, but it also authorizes workers to seek assistance from appropriate authorities (OSH or labor inspectors) for noncompliance with OSH workplace standards, including risks at work.

The Ministry of Labor’s Inspection Directorate is responsible for labor inspection, in collaboration with the Social Security Agency and the National Insurance Institute. The directorate employed labor inspectors, who investigated all types of labor violations. The number of labor inspectors was insufficient to deter violations. According to the Ministry of Labor, inspections occurred both in response to complaints and at the initiative of inspectors. The directorate stated it could visit any employer, formal or informal, and inspections were always unannounced.

The Labor Ministry generally addressed complaints by sending inspection teams to investigate and coordinate with each other on follow-up actions. As with other labor laws, inspectors cannot fine or sanction employers who do not comply with laws on acceptable conditions of work; rather, they investigate and refer noncompliance results to labor courts. The process of fining companies or compelling employers to pay back wages or overtime has traditionally been subject to lengthy delays.

The Ministry of Labor generally enforced minimum wages effectively in the San Jose area but less effectively in rural areas, particularly where large numbers of migrants were employed, and in the large informal sector, which comprised 46 percent of employment as of June. The ministry publicly recognized that many workers, including in the formal sector, received less than the minimum wage, mainly in the agricultural sector. The ministry implemented labor inspections with an emphasis on minimum wage and social security registration to improve the quality of life of workers. Penalties were sufficient to deter violations.

Observers expressed concern about exploitative working conditions in fisheries, small businesses, and agricultural activities. Unions also reported systematic violations of labor rights and provisions concerning working conditions, overtime, and wages in the export-processing zones. Labor unions reported overtime pay violations, such as nonpayment of wages and mandatory overtime, were common in the private sector and particularly in export-processing zones and agriculture. There were reports that agricultural workers, particularly migrant laborers in the pineapple industry, worked in unsafe conditions, including exposure to hazardous chemicals without proper training. In April a private pineapple-producing company located in Upala closed and dismissed its employees without paying wages, severance, or social security fees, although the Labor Ministry mediated between the employees and employers.

Cuba

Executive Summary

Cuba is an authoritarian state led by Miguel Diaz-Canel, president of the republic, with former president Raul Castro serving as the first secretary of the Cuban Communist Party (CCP). Despite ratifying a new constitution on February 24, Cuba remains a one-party system in which the constitution states the CCP is the only legal political party and the highest political entity of the state.

The Ministry of Interior exercises control over the police, internal security forces, and the prison system. The ministry’s National Revolutionary Police is the primary law enforcement organization. Specialized units of the ministry’s state security branch are responsible for monitoring, infiltrating, and suppressing independent political activity. The national leadership, including members of the military, maintained effective control over the security forces.

Significant human rights issues included: reports of abuse of political dissidents, detainees, and prisoners by security forces; harsh and life-threatening prison conditions; arbitrary arrests and detentions; significant problems with the independence of the judiciary; political prisoners; and arbitrary or unlawful interference with privacy. The government severely restricted freedom of the press, used criminal libel laws against persons critical of leadership, and engaged in censorship and site blocking. There were limitations on academic and cultural freedom; restrictions on the right of peaceful assembly; denial of freedom of association, including refusal to recognize independent associations; restrictions on internal and external freedom of movement and severe restrictions of religious freedom. Political participation was restricted to members of the ruling party, and elections were not free and fair. There was official corruption, trafficking in persons, outlawing of independent trade unions, and compulsory labor.

On February 24, the country adopted a new constitution in a coerced referendum marred by violent government repression against those that opposed the proposed constitution. On February 12, for example, 200 police and security agents raided the homes of leaders of the Patriotic Union of Cuba (UNPACU) for openly campaigning against the draft constitution, detaining and reportedly beating UNPACU members. Other opponents reported that the government had blocked their email and texts to keep them from disseminating opposition campaign materials. Article 5 of the constitution enshrines one-party rule by the CCP, disallowing for additional political expression outside of that structure. Although the new constitution adds explicit protections of freedom and human rights, including habeas corpus, authorities did not respect them, nor did the courts enforce them.

Government officials, at the direction of their superiors, committed most human rights abuses and failed to investigate or prosecute those who committed the abuses. Impunity for the perpetrators remained widespread.

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, on condition that it “conforms to the aims of socialist society.” Laws banning criticism of government leaders and distribution of antigovernment propaganda carry penalties ranging from three months to 15 years in prison.

Freedom of Expression: The government did not tolerate public criticism of government officials or programs and limited public debate of issues considered politically sensitive. The government passed two additional laws further criminalizing freedom of expression: Decree 349, which came into effect in December 2018, institutionalizes censorship of independent art and culture and establishes violations for art that was not regulated or recognized by the official cultural institutions. The decree also allows “supervising inspectors” to review cultural events and empowers them to immediately close any exhibition they deem violates the law and confiscate the business license of any business hosting the offending event. The National Symbols Law criminalizes the way the national flag may be displayed or used in other creative contexts.

Police arrested several persons who protested these laws during the year, including Luis Manuel Otero Alcantara, a leader of the San Isidro Movement, an organization promoting cultural independence, who was arrested at least 18 times in 2018 and 2019, with the last arrest occurring on December 10, International Human Rights Day. On August 9, police arrested him in front of his privately owned Museum of Dissidence for his performance art protest against the National Symbols Law. His performance consisted of wearing a national flag draped over his shoulders. He was also arrested on September 12, when three uniformed police officers and two plainclothes officers beat him and took him away in an unmarked vehicle, holding him incommunicado for more than 72 hours. On September 13, he was charged with violating the National Symbols Law and then released on the condition that he not leave his home after midnight, drink alcohol in a public place, or frequent public places. Several other members of the San Isidro Movement were assaulted, arrested, and fined during the year.

State security regularly harassed the organizers of independent fora for debates on cultural and social topics to force them to stop discussing issues deemed controversial. The fora’s organizers reported assaults by state security, video surveillance installed outside of venues, and detention of panelists and guests on the days they were expected to appear. In addition, human rights activists, independent journalists, and artists were prohibited from traveling outside the country to attend events in international fora related to human rights and democracy in the country. Media and religious leaders said the government continued to harass or detain members of religious groups advocating for greater religious and political freedom.

Government workers reported being fired, demoted, or censured for expressing dissenting opinions or affiliating with independent organizations. Several university professors, researchers, and students reported they were forced from their positions, demoted, or expelled for expressing ideas or opinions outside of government-accepted norms.

In contrast with 2018, some religious groups reported increased restrictions to express their opinions during sermons and at religious gatherings. Most members of the clergy continued to exercise self-censorship. Religious leaders in some cases criticized the government, its policies, and the country’s leadership without reprisals. Other religious groups, particularly those not officially state sanctioned, reported harassment and destruction of houses of worship.

Press and Media, Including Online Media: The government directly owned all print and broadcast media outlets and all widely available sources of information. News and information programming were generally uniform across all outlets. The government also controlled nearly all publications and printing presses. The party censored public screenings and performances. The government also limited the importation of printed materials. Foreign correspondents in the country had limited access to and often were denied interviews with government officials. They also struggled to gather facts and reliable data for stories. Despite meeting government vetting requirements, official journalists who reported on sensitive subjects did so at personal risk, and the government barred official journalists from working for unofficial media outlets in addition to their official duties. The government harassed and threatened any independent citizen journalists who reported on human rights violations in the country.

On October 10, 19 independent media outlets published a joint declaration on the state of independent journalism in the country. They denounced the 183 documented incidents of state aggression against journalists since January 2018, part of a broader wave of repression of independent journalism, and demanded the state respect a more open, transparent, and diverse independent media.

On April 22, journalist and lawyer Roberto Quinones was arrested and assaulted while reporting on a trial involving religious expression. Quinones was interviewing a daughter of two Protestant pastors who were facing a court sentence because they wanted to homeschool their children when police officers approached to arrest him. Quinones asked why he was being arrested. Rather than answer, an officer pulled Quinones’ hands behind his back, handcuffed him, and threw him to the ground. The officers then dragged him to their police car. One of the arresting officers struck 65-year-old Quinones several times, including once on the side of the head with enough force to rupture his eardrum. On August 7, he was sentenced to one year of “correctional labor” for “resistance and disobedience,” and on September 11, he was taken to prison, after authorities processed and then denied his appeal. Quinones continued to write while in prison, especially about the bleak conditions of the facility, although he wrote a letter saying he was happy to “be here for having put my dignity before blackmail.” When the letter was published on CubaNet, an independent domestic online outlet, Quinones was reportedly punished and threatened with “disciplinary action.”

Violence and Harassment: The government does not recognize independent journalism, and independent journalists sometimes faced government harassment, including detention and physical abuse. Most detentions involved independent journalists who filmed arrests and harassment of activists or otherwise attempted to cover politically sensitive topics. Community members and journalists for the Cuban Institute for Freedom of Expression and of the Press reported increased repression after President Diaz-Canel took office. Independent reporters experienced harassment, violence, intimidation, aggression, and censorship, and several were confined to their homes or prevented from traveling abroad.

Censorship or Content Restrictions: The law prohibits distribution of printed materials considered “counterrevolutionary” or critical of the government. Foreign newspapers or magazines were generally unavailable outside of tourist areas. Distribution of material with political content–interpreted broadly to include the Universal Declaration of Human Rights, foreign newspapers, and independent information on public health–was not allowed, and possession of these materials sometimes resulted in harassment and detention. Among many blocked websites, in September the government blocked Change.org after several petitions critical of the government appeared on the website. Government officials also confiscated or destroyed cameras and cell phones of individuals to prevent them from distributing photographs and videos deemed objectionable.

The government sometimes barred independent libraries from receiving materials from abroad and seized materials donated by foreign governments, religious organizations, and individuals.

Libel/Slander Laws: The government used defamation of character laws to arrest or detain individuals critical of the country’s leadership. Authorities frequently arrested and charged persons for the ambiguous crime of “contempt of authority.”

Human rights activists reported government internet trolls tracking their social media accounts and reported on the government’s practice of sending mass text messages warning neighbors to avoid association with dissidents.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement

There continued to be restrictions on freedom of movement within the country, foreign travel, and migration with the right of return. The government also controlled internal migration from rural areas to Havana, sometimes arresting persons in Havana if authorities discovered their national identity card listed them as living in another city. The government also barred citizens and persons of Cuban descent living abroad from entering the country, apparently on grounds that they were critical of the government or for having “abandoned” postings abroad as low-paid medical doctors or defected athletes. Chess master Jennifer Perez was denied a passport at least four times because, as Cuban authorities in Ecuador told her, she was considered a deserter for deciding to reside abroad to take advantage of better job opportunities.

Some family members of former government employees who emigrated from the island lost public benefits or were denied passports to travel and join their family members abroad. The law provides for imprisonment of up to three years or a fine of 500 CUP ($20) for first-time “rafters” (those who attempted to depart clandestinely, commonly using homemade vessels), although these attempts were becoming infrequent. Most persons caught attempting unauthorized departures via sea were detained briefly. In the case of military or police defectors or those traveling with children, the punishment could be more severe.

Under the terms of the 1994-1995 U.S.-Cuba migration accords, the government agreed not to prosecute or retaliate against migrants returned from international or U.S. waters or from the Guantanamo U.S. Naval Station after attempting to emigrate illegally if they had not committed a separate criminal offense. Some would-be migrants alleged harassment and discrimination, such as fines, expulsion from school, and job loss.

In-country Movement: Although the constitution allows all citizens to travel anywhere within the country, changes of residence to Havana were restricted. The local housing commission and provincial government authorities must authorize any change of residence. The government may fine persons living in a location without authorization from these bodies and send them back to their legally authorized place of residence. There were reports authorities limited social services to illegal Havana residents. Police threatened to prosecute anyone who returned to Havana after expulsion.

The law permits authorities to bar an individual from a certain area within the country, or to restrict an individual to a certain area, for a maximum of 10 years. Under this provision authorities may internally exile any person whose presence in a given location is determined to be “socially dangerous.” Dissidents frequently reported authorities prevented them from leaving their home provinces or detained and returned them to their homes, even though they had no written or formal restrictions placed against them.

Foreign Travel: The government continued to require several professional and social categories of individuals to obtain permission for emigrant travel, including highly specialized medical personnel; military or security personnel; many government officials, including academics; and many former political prisoners and human rights activists. It also used arbitrary or spurious reasons to deny permission for human rights activists to leave the country to participate in workshops, events, or training programs. Activists reported a significant increase in interrogations and confiscations at the airport when arriving from abroad. According to the NGO Patmos Institute, as of October there were at least 202 citizens whom authorities designated as regulados, meaning the government either prohibited them from receiving a passport or from leaving the country. The policy did not appear to be supported by a legal framework, and in an October 1 interview with the Associated Press, Foreign Minister Bruno Rodriguez Parrilla denied such a policy existed, declaring the law allows for freedom of movement. Because citizens are prohibited from leaving without explanation or justification, and the government did not acknowledge that persons were prevented from leaving, those subject to the policy were left without any recourse. The tactic served not only to restrict the movement of citizens but also their freedom of expression.

f. Protection of Refugees

Access to Asylum: The constitution provides for the granting of asylum to individuals persecuted for their ideals or actions involving a number of specified political grounds. The government has no formal mechanism to process asylum for foreign nationals and is not a signatory to the 1951 Refugee Convention.

Temporary Protection: On the small number of cases of persons seeking asylum, the government worked with the Office of the UN High Commissioner for Refugees to provide protection and assistance, pending third-country resettlement. In addition, the government allowed foreign students who feared persecution in their home countries to remain in the country after the end of their studies until their claims could be substantiated or resolved. In June, however, 142 Congolese medical students protesting unpaid stipends at their embassy in Havana for several months were arrested and deported to the Republic of the Congo, despite several of them expressing fears for their safety if returned.

Section 3. Freedom to Participate in the Political Process

While a voting process to choose CCP-approved candidates exists, citizens do not have the ability to form political parties or choose their government through the right to vote in free and fair elections or run as candidates from political parties other than the CCP. The government forcefully and consistently retaliated against those who sought peaceful political change.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption, and the government was highly sensitive to corruption allegations and often conducted anticorruption crackdowns.

Corruption: The law provides for three to eight years’ imprisonment for “illegal enrichment” by authorities or government employees. The government did not implement the law effectively, and officials sometimes engaged in corrupt practices with impunity. There were numerous reports of law enforcement and other official corruption in enforcement of myriad economic restrictions and provision of government services. For example, employees frequently siphoned fuel from government stocks for sale on the black market. As of the end of June, there were 339 criminal proceedings related to fuel theft, according to the Attorney General’s Office. Multiple sources reported that when searching homes and vehicles, police sometimes took the owner’s belongings or sought bribes in place of fines or arrests.

Financial Disclosure: The law does not require appointed and elected officials to disclose their assets.

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

The government did not recognize domestic human rights groups or permit them to function legally. Several human rights organizations continued to function outside the law, including UNPACU, the Christian Liberation Movement, the Assembly to Promote Civil Society, and the Lawton Foundation for Human Rights. The government subjected domestic human rights advocates to intimidation, harassment, periodic short-term detention, and long-term imprisonment on questionable charges.

No officially recognized NGOs monitored human rights. The government refused to recognize or meet with any unauthorized NGOs that monitored or promoted human rights. There were reports of explicit government harassment of individuals who met with these unauthorized NGOs.

The United Nations or Other International Bodies: The government continued to deny international human rights organizations, including the United Nations, its affiliated organizations, and the International Committee of the Red Cross, access to prisoners and detainees.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law, including related regulations and statutes, severely restricts worker rights by recognizing only the CCP-controlled Central Union of Cuban Workers (CTC) as the paramount trade union confederation. To operate legally, all trade groups must belong to the CTC. The law does not provide for the right to strike. The law also does not provide for collective bargaining, instead setting up a complicated process for reaching collective agreements. The International Labor Organization (ILO) raised concerns regarding the trade union monopoly of the CTC, the prohibition on the right to strike, and restrictions on collective bargaining and agreements, including that government authorities and CTC officials have the final say on all such agreements.

The government continued to prevent the formation of independent trade unions in all sectors. The CCP chose the CTC’s leaders. The CTC’s principal responsibility is to manage government relations with the workforce. The CTC does not bargain collectively, promote worker rights, or advocate for the right to strike. The de facto prohibition on independent trade unions limited workers’ ability to organize independently and appeal against discriminatory dismissals. The government’s strong influence over the judiciary and lawyers limited effective recourse through the courts.

During the year, as in the past several years, Ivan Hernandez Carrillo, general secretary of the Association of Independent Unions of Cuba, was harassed, beaten, detained, threatened, and fined. After being detained for several hours in July, he was released only to have his house surrounded by security officers.

Several small, independent labor organizations operated without legal recognition, including the National Independent Workers’ Confederation of Cuba, National Independent Laborer Confederation of Cuba, and Unitarian Council of Workers of Cuba; together they constituted the Independent Trade Union Association of Cuba (ASIC). These organizations worked to advance the rights of workers by offering an alternative to the state-sponsored CTC and purported to advocate for the rights of small-business owners and employees. Police reportedly harassed the independent unions, and government agents reportedly infiltrated them, limiting their capacity to represent workers effectively or work on their behalf.

In late 2017 ASIC filed a complaint with the ILO in which the trade union alleged harassment and persecution of independent trade unionists involving aggression, arrests, assaults and dismissals; other acts of antiunion discrimination and interference on the part of the public authorities; official recognition of only one trade union federation controlled by the state; absence of collective bargaining; and no legal recognition of the right to strike. In June 2018 the ILO requested the government ensure ASIC be given recognition to freely operate and carry out its trade union activities, in accordance with freedom of association. ASIC was the first domestic independent trade union in more than 50 years to participate in the International Labor Conference, held in Geneva in June. During the conference the ILO Committee of Experts on the Applications of Conventions requested the government provide statistical data on the number of collective agreements indicating the number of workers covered by sector.

b. Prohibition of Forced or Compulsory Labor

The law does not explicitly prohibit forced labor. It prohibits unlawful imprisonment, coercion, and extortion, with penalties ranging from fines to imprisonment, but there was no evidence these provisions were used to prosecute cases of forced labor. The use of minors in forced labor, drug trafficking, prostitution, pornography, or the organ trade is punishable by seven to 15 years’ incarceration. The government enforced the laws, and the penalties appeared sufficient to deter violations.

Compulsory military service of young men was occasionally fulfilled by assignment to an economic entity controlled by the military or by assignment to other government services. Many citizens were employed by state-run entities contracted by foreign entities inside the country and abroad to provide labor, often highly skilled labor such as doctors or engineers. These employees received a small fraction of the salaries paid to the state-run company, often less than 10 percent. For example, in the “Mais Medicos” program run in cooperation with the Pan-American Health Organization in Brazil, of $1.3 billion the Brazilian government paid for the services of Cuban doctors, less than 1 percent–only $125 million–was paid to the doctors who provided the services. The rest went into the Cuban government’s coffers. Doctors in the program complained of being overworked and not earning enough to support their families. Former participants described coercion, nonpayment of wages, withholding of their passports, and restriction on their movement, which the government denied. Similar practices occurred in the tourism sector.

Prisoners were subject to forced labor. The government did not facilitate payment of decent wages to those incarcerated. The government continued to use high school students in rural areas to harvest agricultural products (also see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. The legal minimum working age is 17, although the law permits the employment of children ages 15 and 16 to obtain training or fill labor shortages with parental permission and a special authorization from the municipal labor director. The law does not permit children ages 15 and 16 to work more than seven hours per day, 40 hours per week, or on holidays. Children ages 15 to 18 cannot work in specified hazardous occupations, such as mining, or at night.

There were no known government programs to prevent child labor or to remove children from such labor. Antitruancy programs, however, aimed to keep children in school. Inspections and penalties appeared adequate to enforce the law, because inspections for child labor were included in all other regular labor inspections. The government penalizes unlawful child labor with fines and suspension of work permits. There were no credible reports that children younger than 17 worked in significant numbers.

The government used some high school students in rural areas to harvest agricultural products for government farms during peak harvest time. Student participants were not paid but received school credit and favorable recommendations for university admission. Ministry of Education officials used the “Escuela al Campo” plan to make students ages 11 to 17 work in the agricultural sector with no pay. Students were expected to work 45 days during the first academic quarter. Failure to participate or obtain an excused absence reportedly could result in unfavorable grades or university recommendations, although students were reportedly able to participate in other activities (instead of the harvest) to support their application for university admission. Children who performed agricultural work under the “Escuela al Campo” plan were not given the proper tools, clothing, footwear, or food. Deficient and unsanitary living conditions, coupled with a crumbling infrastructure, exposed them to diseases, such as dengue fever, zika, and chikungunya.

d. Discrimination with Respect to Employment and Occupation

The law prohibits workplace discrimination based on skin color, gender, religious belief, sexual orientation, nationality, “or any other distinction harmful to human dignity,” but it does not explicitly protect political opinion (see section 7.a.), social origin, disability, age, language, gender identity, or HIV-positive status or other communicable diseases. No information was available on government enforcement of these provisions during the year.

The government continued to use politically motivated and discriminatory dismissals against those who criticized the government’s economic or political model. The government deemed persons “unfit” to work because of their political beliefs, including their refusal to join the official union, and for trying to depart the country illegally. The government also penalized professionals who expressed interest in emigrating by limiting job opportunities or firing them. A determination that a worker is “unfit” to work could result in job loss and the denial of job opportunities. Persons forced out of employment in the public sector for freely expressing themselves were often further harassed after entering the emerging but highly regulated self-employment sector.

Discrimination in employment occurred with respect to members of the Afro-Cuban and LGBTI populations. Leaders within the Afro-Cuban community noted some Afro-Cubans could not get jobs in better-paying sectors such as tourism and hospitality because they were “too dark.” Afro-Cubans more frequently obtained lower-paying jobs, including cleaning and garbage disposal, which had no interaction with tourists, a major source of hard currency.

Hiring practices in the private sector were racist, colorist, and sexist. A job posting for an accounting or finance position usually called for women with lighter or olive skin, blonde, and physically fit. Postings for bodyguards and security jobs normally sought male candidates of color, who were perceived as being stronger than other races.

There were no statistics stating whether the government effectively enforced applicable laws.

e. Acceptable Conditions of Work

Authorities set a national minimum wage at a rate below the poverty line, which even with subsidies did not provide a reasonable standard of living.

The standard workweek is 44 hours, with shorter workweeks in hazardous occupations, such as mining. The law provides workers with a weekly minimum 24-hour rest period and one month of paid annual vacation per 11 months of effective work. These standards apply to state workers as well as to workers in the nonstate sector, but they were seldom enforced in the nonstate sector. The law does not prohibit obligatory overtime, but it generally caps the number of overtime hours at 16 hours per week and 160 per year. The law provides few grounds for a worker to refuse to work overtime below these caps. Compensation for overtime is paid in cash at the regular hourly rate or in additional rest time.

The government set workplace safety standards and received technical assistance from the ILO to implement them. The Ministry of Labor and Social Security enforced the minimum wage and working-hours standards through offices at the national, provincial, and municipal levels, but the government did not effectively enforce occupational safety and health standards. No information was available about the number of labor inspectors. Reports from recent years suggested there were very few inspectors and that health and safety standards frequently were ignored or weakened by corrupt practices.

According to government statistics, approximately 618,000 (36 percent of whom were women) were self-employed by the end of September, a 4.9 percent increase from December 2018. The percentage of the total workforce in the private sector increased from approximately 25 percent in 2012 to 31.6 percent at the end of 2018. In December 2018 the government resumed the issuance of new licenses for self-employed persons and small private businesses that had been frozen since 2017.

Rules implemented in 2018 ban businesses operating under the license of “facilitator of home swaps and home sales-purchases” to operate as real estate or dwelling management companies or to hire employees. The rules also apply to music, art, or language teachers, other teachers, and sport trainers. The rules forbid the creation of schools or academies. They are particularly restrictive for the cultural sector, forbidding artists from dealing directly with the private sector, i.e., avoiding the intermediation and supervision of state-run agencies. The number of economic activities allowed to self-employed persons and small private businesses decreased, mostly due to merging and regrouping activities.

Despite criminal penalties for doing so, a significant number of workers participated in the informal economy, including individuals who actively traded on the black market or performed professional activities not officially permitted by the government.

Self-employed persons, such as fruit sellers, bicycle taxi drivers, and others, were frequently targeted by police for allegedly acting illegally, even when licensed. Police sometimes arbitrarily and violently closed down these businesses and confiscated any goods.

Foreign companies operated in a limited number of sectors, such as hotels, tourism, and mining. Such companies operated via a joint venture in which the government contracted and paid company workers in pesos an amount that was a small fraction of what the company remitted to the state for labor costs. Most formal employment took place only through government employment agencies. Employers, including international businesses and organizations, were generally prohibited from contracting or paying workers directly, although many reportedly made supplemental payments under the table. The Ministry of Labor enforces labor laws on any business, organization, or foreign governmental agency based in the country, including wholly owned foreign companies operating in the country, joint-stock companies involving foreign investors operating in the country, the United Nations, international NGOs, and embassies. Cuban workers employed by these entities are subject to labor regulations common to most state and nonstate workers and to some regulations specific to these kinds of entities. Government bodies, including the tax collection agency and the Ministry of Finance and Prices, enforced regulations. There were no reports about protections of migrant workers’ rights.

After increasing 4 percent in 2016, workplace accidents registered a downward trend, decreasing 10 percent in 2017 and 5 percent in 2018. Deaths related to workplace accidents increased 27 percent in 2016 and then decreased 2 percent in 2017 and 20 percent in 2018. By sector, in 2018 most deaths related to workplace accidents were concentrated in defense and public administration (17 percent), communal services and other services (16 percent), mining and quarries (14 percent), and construction (13 percent).

The CTC provided only limited information to workers about their rights and at times did not respond to or assist workers who complained about hazardous workplace conditions. It was generally understood that workers could not remove themselves from dangerous situations without jeopardizing their employment, and authorities did not effectively protect workers facing this dilemma.

Cyprus

Read A Section: Republic Of Cyprus

The Area Administered by Turkish Cypriots

Since 1974 the southern part of Cyprus has been under the control of the government of the Republic of Cyprus. The northern part of Cyprus, administered by Turkish Cypriots, proclaimed itself the “Turkish Republic of Northern Cyprus” (“TRNC”) in 1983. The United States does not recognize the “TRNC,” nor does any country other than Turkey. A substantial number of Turkish troops remain on the island. A buffer zone, or “Green Line,” patrolled by the UN Peacekeeping Force in Cyprus (UNFICYP), separates the two sides. This report is divided into two parts: The Republic of Cyprus (below), and the area administered by Turkish Cypriots.

Executive Summary

The Republic of Cyprus is a constitutional republic and multiparty presidential democracy. In February 2018 voters re-elected President Nicos Anastasiades in free and fair elections. In 2016 voters elected 56 representatives to the 80-seat House of Representatives (Vouli Antiprosopon) in free and fair elections. The remaining seats are designated for Turkish Cypriots and are left vacant.

Police enforce the law and combat criminal activity. Police report to the Ministry of Justice and Public Order. The president appoints the chief of police. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included crimes involving violence or threats of violence targeting members of national and ethnic minorities.

The government took steps to investigate and prosecute officials who committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Expression: The law criminalizes incitement to hatred and violence based on race, color, religion, genealogical origin, national or ethnic origin, or sexual orientation. Such acts are punishable by up to five years’ imprisonment, a fine of up to 10,000 euros ($11,000), or both. In August the attorney general ordered police to investigate whether public comments of the Greek Orthodox Metropolitan Bishop of Morphou Neophytos regarding homosexuals and women violated any laws. On September 9, the attorney general concurred with the police’s finding that the metropolitan’s remarks did not constitute hate speech nor an attempt to incite violence or hatred because of gender orientation or sexual identity.

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

The law penalizes the use of geographical names and toponyms in the country other than those included in the gazetteer the government presented at the 1987 Fifth UN Conference on the Standardization of Geographical Names. According to the law, anyone who publishes, imports, distributes, or sells maps, books, or any other documents in print or digital form that contain geographical names and toponyms on the island other than those permitted, commits an offense punishable by up to three years in prison, a fine of up to 50,000 euros ($55,000), or both.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: The government did not restrict Greek Cypriots from traveling to the area administered by Turkish Cypriots, but the Ministry of Foreign Affairs warned foreigners against spending the night at Greek Cypriot properties occupied by Turkish Cypriots or Turks, gambling in the area administered by Turkish Cypriots, or buying or developing property there. Authorities at ports of entry denied admission to tourists who listed hotels in the area administered by Turkish Cypriots as their intended place of residence during their visit. NGOs reported the government prohibited recognized non-Cypriot refugees with temporary residence status and asylum seekers from crossing to the area administered by Turkish Cypriots, asserting it could not assure their safety in an area not under its control. Local media reported police officers at the crossing points occasionally harassed Greek Cypriots returning from the area under Turkish Cypriot administration.

On June 10, a newspaper reported police officers at Ledra Palace crossing point violently grabbed and handcuffed a Greek Cypriot crossing from the area under Turkish Cypriot administration, despite the fact that he complied with a police request to show identification. The young man was taken to the Lycavitos police station, where he was detained for about an hour before being released. The Independent Authority Investigating Complaints Against the Police was investigating the case at year’s end.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: NGOs reported some Social Welfare Service officers and judges subjected asylum seekers to racist verbal abuse. On May 11, local press published an amateur video showing a security guard at a Social Welfare Services office in Larnaca District physically abusing a Somali asylum seeker. According to a KISA press release, the woman was facing eviction from her home due to long delays in the provision of Social Welfare Services financial assistance. On the day of the incident, a social welfare officer refused her request to meet with her case manager, threw her identity card on the floor, and asked her to leave. When the woman complained, the welfare officer at the reception called the security guard who approached her and grabbed her by the throat. The woman reacted by throwing her wallet at the security guard, who began hitting her repeatedly and pushing her out of the building. KISA reported that when the woman went to the Larnaca Central Police Station, a female police officer told her that she had provoked the security guard and refused to record her complaint. KISA said the security guard had previously physically abused Somali asylum seekers while working at a Social Welfare Services office in Nicosia. The Ministry of Justice stated police took statements from both the woman and the security guard. Police charged the security guard with assault and the woman with assault and creating a disturbance.

The government generally cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to, refugees and asylum seekers. During the year the Asylum Service accepted the secondment of a UNHCR consultant and established a Quality Assurance Unit to ensure the quality of the refugee status-determination procedures. The government did not accept UNHCR’s offer to second officers to Social Welfare Services to help ensure the mandatory vulnerability assessments of asylum applicants were conducted in a timely and comprehensive manner.

The government’s policy was not to hold irregular migrants in detention for long periods and to release them and provide them residency permits if they were not deported within 18 months. An NGO reported immigration authorities pressured migrant detainees to sign a voluntary return consent by threatening them with indefinite detention. The same NGO reported that some asylum seekers were detained for reasons of national security and remained in detention for several months without being informed of the evidence against them.

The ombudsman received complaints of extended detentions of irregular migrants who lacked travel documents or otherwise could not be deported. The ombudsman recommended the release of such detainees and reported that authorities implemented those recommendations in some cases.

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

Due to a significant increase in asylum claims in recent years, more than 13,000 asylum claims were pending examination as of July. The Asylum Service, the ombudsman, UNHCR, and NGOs reported long delays in the examination of asylum applications and delays in the examination of appeals against rejections of asylum applications. The government, UNHCR, and local NGOs agreed that a significant proportion of registered asylum claims were not credible. In June the government established an International Protection Administrative Court (IPAC) to streamline the examination of asylum appeals. NGOs reported the establishment of IPAC was an improvement over the previous system, but there was not sufficient data to evaluate its effect on the length of appeals.

Employment: Authorities allowed asylum seekers whose cases were awaiting adjudication to work after a one-month waiting period. In May the Ministry of Labor expanded the number of sectors in which asylum seekers could work to include employment in animal shelters and kennels, night shifts in bakeries and dairies, auto-body paint and repair, garden cleaning, and as kitchen assistants and cleaners in hotels and restaurants. The law previously restricted asylum seekers to employment in fisheries, the production of animal feed, waste management, gas stations and car washes, freight handling in the wholesale trade, building and outdoor cleaning, distribution of advertising and informational materials, and food delivery. In June the ombudsman issued a report highlighting the need to further expand the sectors of employment accessible to asylum seekers.

There were reports of racism by Labor Department officers who met with valid residency applicants seeking a contract of employment. From January 1 to September 17, the Ministry of Labor and Social Insurance received and approved 525 labor contracts for asylum seekers. NGOs reported the procedure for employing asylum seekers was slow and costly and discouraged employers from hiring asylum seekers.

Access to Basic Services: Recognized refugees have access to public services, such as education, health care, and the courts. Since 2016 the living conditions of asylum seekers deteriorated as the numbers of applicants increased. The only permanent reception center for asylum seekers, located in Kofinou, remained full, and the majority of asylum seekers lacked proper housing. UNHCR and local NGOs noted a high number of asylum seekers faced homelessness and destitution. They reported that many asylum seekers slept in outdoor parks or temporarily stayed with friends, relatives, or strangers, often sleeping on floors without adequate access to hygiene facilities. The growing number of new arrivals, limited supply of affordable accommodations, delays in the provision of government financial support, and the backlog in the examination of asylum applications increased the risk of homelessness, according to local NGOs.

In May the Council of Ministers introduced a series of changes to improve the housing condition of asylum seekers. It approved an increase, effective June 1, in the housing subsidy provided to asylum seekers by Social Welfare Services, established criteria for the number of persons who can reside in a rented establishment based on the number of rooms, and began providing the initial rent deposit directly to the asylum seekers instead of to the landlord. An NGO stated the increase was not sufficient to cover the steep rise in rent prices. The Council of Ministers also authorized continued financial support to asylum seeker families even if a member of the family finds employment, provided that the salary does not exceed the total assistance to which the family is entitled. The ombudsman examined several complaints concerning the delivery of welfare support and concluded that the material support and housing benefits offered to asylum seekers were generally insufficient.

Asylum seekers who refused an available job could be denied state benefits. An NGO reported that mothers with young children and asylum seekers with medical conditions that prevented them from working in the permitted sectors of employment were sometimes refused state benefits. Asylum seekers needed to open a bank account to cash government checks, which was not possible for homeless applicants who lacked a valid address. UNHCR, NGOs, and asylum seekers reported delays and inconsistencies in the delivery of benefits.

The ombudsman and NGOs reported the system of providing welfare support to asylum seekers via coupons did not appropriately accommodate the special needs of vulnerable groups. The coupons could be redeemed only in specific shops that may lack some supplies, were usually more expensive than other grocery stores, and were often inconveniently located. The NGO KISA reported these shops exploited the vulnerable position of asylum seekers and charged up to 20 percent in fees to cash government checks. Although the Council of Ministers lifted restrictions on the types of business that could accept coupons in June, KISA reported the providers remained the same despite the decision.

Temporary Protection: The government also provided temporary protection, called subsidiary protection, to individuals who may not qualify as refugees. The government provides subsidiary protection status for citizens or residents of Syria who entered the country legally or illegally. All persons seeking such status were required to provide a Syrian passport or other identification. Authorities granted subsidiary protection to 719 persons during the first eight months of the year.

Section 3. Freedom to Participate in the Political Process

The law and constitution 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. In national elections, Turkish Cypriots who resided in the area administered by Turkish Cypriots were ineligible to vote and run for office in the government-controlled area, although Greek Cypriots living in the north faced no such restrictions. In elections for the European Parliament, Cypriot citizens, resident EU citizens, and Turkish Cypriots who live in the area administered by Turkish Cypriots have the right to vote and run for office.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the laws effectively. Although the government generally investigated and prosecuted cases of corruption, there were numerous reports of government corruption during the year.

Corruption: In April a senior official of Larnaca Municipality was sentenced to five years in prison for theft and obtaining money under false pretenses. The official allegedly accepted 35,000 euros ($38,500) from a local businessman to legalize building irregularities at his restaurant and deposited part of the money in his own bank account.

Financial Disclosure: The law requires the president, members of the Council of Ministers, members of parliament, and members of the State Health Services Organization board to declare their income and assets. The publication of their declarations is obligatory, but there are no specific sanctions for noncompliance. Spouses and children of the same officials are required to declare their assets, but the publication of their declarations is prohibited. Other public officials are not required to declare their assets.

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

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

Government Human Rights Bodies: There is a government ombudsman, whose portfolio includes human rights, and a legislative Committee on Human Rights.

During her independent investigations, the ombudsman generally enjoyed good cooperation with other government bodies. NGOs complained, however, that the Office of the Ombudsman routinely refused to investigate their complaints on the grounds that similar complaints had been investigated in the past. In June the European Commission against Racism and Intolerance reported the Office of the Ombudsman had not carried out any activities aimed at supporting vulnerable groups and had not issued any publications or reports, including annual reports, or recommendations on discrimination problems since 2016.

The legislative Committee on Human Rights, which most local NGOs considered effective, consists of nine members of the House of Representatives who serve five-year terms. The committee discussed a wide range of human rights problems, including trafficking in persons, violence against women, sexual abuse of women and children, prison conditions, and the rights of foreign workers. The executive branch did not exercise control over the committee.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, strike, and bargain collectively with employers. Both antiunion discrimination and dismissal for union activity are illegal.

The law requires labor unions to register with the registrar of labor unions within 30 days of their establishment. Persons convicted for fraud-related and immoral offenses are not allowed to serve as union officials. Unions’ accounts and member registers can be inspected at any time by the registrar. An agreement among the government, labor unions, and employers’ organizations established the procedure for dispute resolution for essential services personnel.

The government generally enforced applicable laws, and resources and investigations were adequate in the formal sector. Administrative procedures were efficient and immediate, but judicial procedures were subject to delays due to a case backlog. Penalties were not sufficient to deter violations, which occurred primarily in the informal sector. Violations rarely occurred in the formal sector.

The government generally protected the right of unions to conduct their activities without interference, and employers generally respected the right of workers to form and join independent unions and to bargain collectively. Although collective agreements are not legally binding, they are governed by a voluntary agreement between the government and employer organizations. Unions, employers, and employees effectively observed the terms of collective bargaining agreements. Workers covered by such agreements were employed predominantly in the larger sectors of the economy, including construction, tourism, health care, and manufacturing.

Private-sector employers were able to discourage union activity in isolated cases because of sporadic enforcement of labor regulations prohibiting antiunion discrimination and the implicit threat of arbitrary dismissal for union activities.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The penalties were not sufficient to deter violations. The government did not effectively enforce the law, and forced labor occurred. Inspections of the agricultural and domestic service sectors remained inadequate, and resources at the Department of Labor Inspections within the Ministry of Labor were insufficient.

Forced labor occurred primarily in agriculture. Foreign migrant workers, children, and asylum seekers were particularly vulnerable, according to NGOs. Employers reportedly forced foreign workers, primarily from Eastern Europe and East and South Asia, to work up to 15 hours a day, seven days a week, for very low wages and in unsuitable living conditions. From January to September 24, police identified six victims of labor trafficking. Some employers reportedly retained a portion of agriculture workers’ salaries as payment for accommodations.

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 employment of children, defined as persons younger than 15, except in specified circumstances, such as combined work-training programs for children who are at least 14 or employment in cultural, artistic, sports, or advertising activities, subject to rules limiting work hours. The law prohibits night work and street trading by children. The law permits the employment of adolescents, defined as persons ages 15 through 17, subject to rules limiting hours of employment and provided it is not harmful or dangerous. The law prohibits employment of adolescents between midnight and 4 a.m. The minimum age for employment in industrial work is 16. The government effectively enforced the law, and penalties were sufficient to deter violations.

Ministry of Labor and Social Insurance inspectors were responsible for enforcing child labor laws and did so effectively. The Social Welfare Services Department of the ministry and the commissioner for the rights of the child could also investigate suspected cases of exploitation of children at work.

d. Discrimination with Respect to Employment and Occupation

The law prohibits direct or indirect discrimination with respect to employment and occupation based on race, national origin or citizenship, sex, religion, political opinion, gender, age, disability, and sexual orientation. The government did not effectively enforce these laws or regulations. Discrimination in employment and occupation occurred with respect to race, gender, disability, sexual orientation, and HIV-positive status.

Despite a strong legal framework, the Ministry of Labor and Social Insurance’s enforcement of the law governing employment and labor matters with respect to women was ineffective. The law requires equal pay for equal work. Women experienced discrimination in such areas as hiring, career advancement, employment conditions, and pay. European Institute for Gender Equality data indicated the average pay gap between men and women was 13.7 percent in 2017. NGOs reported the relatively small raw gender pay gap masked significant vertical and occupational gender segregation. The ombudsman reported receiving complaints related to gender discrimination and sexual harassment in the workplace.

Discrimination against Romani migrant workers occurred. Turkish Cypriots faced social and employment discrimination (see section 6).

e. Acceptable Conditions of Work

Although there is no national minimum wage, there are minimum wages for groups deemed vulnerable to exploitation. The minimum wage for shop assistants, clerks, assistant baby and child minders, health-care workers, security guards, cleaners of business premises, and nursery assistants were above the poverty line. The Ministry of Interior established a minimum wage for foreign domestic workers that was well below the poverty line.

Collective bargaining agreements covered workers in almost all other occupations, including unskilled labor. The wages set in these agreements were significantly higher than the poverty level.

Foreign workers were able to claim pensions, and some bilateral agreements allowed workers to claim credit in their home countries. The Migration Service was responsible for enforcing the minimum wage for foreign workers but did not effectively do so.

The legal maximum workweek is 48 hours, including overtime. The law does not require premium pay for overtime or mandatory rest periods. The law stipulates that foreign and local workers receive equal treatment. The Department of Labor Relations within the Ministry of Labor and Social Insurance is responsible for enforcing these laws. The penalty for violating the law was sufficient to deter violations but was not adequately enforced. Labor unions reported enforcement problems in sectors not covered by collective agreements, such as small businesses and foreign domestic workers. They also reported that certain employers, mainly in construction and agriculture, exploited undocumented foreign workers by paying them very low wages.

The law protects foreign domestic workers who file a complaint with the Ministry of Labor and Social Insurance from deportation until their cases have been adjudicated. The Department of Labor Relations reported that from January to June, it received 250 complaints from migrant workers against their employers. Of those, 242 were examined by the end of June.

The ombudsman received complaints from foreign domestic workers whose work permits were canceled due to actions of their employers or of the employment agencies representing them and who faced difficulties persuading authorities to allow them to work for a different employer. Some domestic workers complained their employers or employment agencies withheld their passports. The ombudsman was examining the complaints as part of an overall evaluation of the government’s policies on foreign domestic workers. NGOs reported many foreign domestic workers remained reluctant to report contract violations by their employers for fear of losing their jobs and, consequently, their work and residency permits. NGOs reported Department of Labor and police skepticism of complaints about sexual harassment and violence discouraged domestic workers from submitting complaints.

Occupational safety and health standards were appropriate for the main industries. The Department of Labor Inspection in the Ministry of Labor and Social Insurance is responsible for enforcing health and safety laws. Workers have the right to remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations. Authorities enforced health and safety laws satisfactorily in the formal sector but not in the informal sector, which included approximately 12 percent of workers. The penalties for failing to comply with work safety and health laws were sufficient to deter violations.

The Ministry of Labor employed an insufficient number of inspectors to effectively enforce labor laws in the agricultural sector and in the informal economy, where the majority of employees were migrant workers and undocumented workers. Inspectors were not allowed to inspect the working conditions of domestic workers in private households without a court warrant.

The Area Administered by Turkish Cypriots

Cyprus – the Area Administered by Turkish Cypriots

Read A Section: The Area Administered By Turkish Cypriots

The Republic of Cyprus

Since 1974 the southern part of Cyprus has been under the control of the government of the Republic of Cyprus. The northern part of Cyprus, administered by Turkish Cypriots, proclaimed itself the “Turkish Republic of Northern Cyprus” (“TRNC”) in 1983. The United States does not recognize the “TRNC,” nor does any country other than Turkey. A substantial number of Turkish troops remain on the island. A buffer zone, or “Green Line,” patrolled by the UN Peacekeeping Force in Cyprus (UNFICYP), separates the two sides. This report is divided into two parts: The Republic of Cyprus, and the area administered by Turkish Cypriots.

Executive Summary

The northern part of Cyprus has been administered by Turkish Cypriots since 1974 and proclaimed itself the “Turkish Republic of Northern Cyprus” (“TRNC”) in 1983. The United States does not recognize the “TRNC,” nor does any country other than Turkey. In 2015 Mustafa Akinci was elected “president” in free and fair elections. In January 2018, 50 “members of parliament” were elected in free and fair elections. The “TRNC constitution” is the basis for the “laws” that govern the area administered by Turkish Cypriot authorities.

Police are responsible for enforcement of the “law.” The “chief of police” reports to a “general,” who is nominally under the supervision of the “Prime Ministry,” which holds the “security portfolio.” Police and Turkish Cypriot security forces are ultimately under the operational command of the Turkish armed forces, as provided by the “constitution,” which “temporarily” cedes responsibility for public security and defense to Turkey. Authorities maintained effective control over the security forces.

Significant human rights issues included: refoulement, the worst forms of restrictions on freedom of expression and the press including criminal libel laws, trafficking in persons, and crimes involving violence or threats of violence targeting members of national minorities.

Authorities took steps to investigate officials following allegations of human rights abuses. There was evidence, however, of impunity.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The “law” provides for freedom of expression, including for the press, and authorities generally respected this right. Individuals were usually able to criticize authorities publicly without reprisal, with some exceptions.

Freedom of Expression: The “law” criminalizes libel, although in practice this was rarely enforced due to “court” rulings protecting freedom of speech. It is a criminal offense to insult the “government,” the Turkish government, or “government” officials. This often led journalists to self-censor. According to a journalist association, authorities advised some journalists not to criticize the Turkish government.

Press and Media, Including Online Media: While authorities usually respected press and media freedom, at times they obstructed journalists in their reporting.

Violence and Harassment: There were reports defendants in some “court” cases allegedly threatened journalists, who also faced pressure for their reporting from companies that advertised in their publications.

A journalist association reported some journalists were verbally and physically attacked at “court” hearings by detainees or their families or friends. Journalists also reported they were at times prevented from doing their jobs, verbally assaulted, and their equipment damaged while reporting at “courts,” hospitals, and police stations.

The “Attorney General’s Office” declined to pursue a case against a police officer in Famagusta accused of ordering his subordinates to “inflict violence” on journalists who were trying to take photos of suspects being brought to the Famagusta “courts” in July 2018.

Censorship or Content Restrictions: Journalists cannot interview or report on persons under control of the armed forces. The Turkish Cypriot Journalists Association reported authorities used these restrictions to prevent journalists from investigating some subjects, such as suicides or allegations of police torture or battery within the military or police systems.

Journalists practiced self-censorship for fear of losing their jobs. A journalist reported some press representatives censored themselves when reporting on Turkey’s role in Cyprus and on the Turkish leadership.

Libel/Slander Laws: The “law” criminalizes libel and blasphemy, although in practice “courts” often declined to convict defendants on those charges, citing free speech precedents. In May the newspaper Afrika was acquitted of the charges brought against it for allegedly instigating violence, insulting President Erdogan or Turkey, insulting religion, and publishing false news relating to a cartoon, three articles, and editorials. The “Attorney General’s Office” appealed the decision, and the trial continued at year’s end.

b. Freedoms of Peaceful Assembly and Association

The “government” sometimes 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 “law” provides for freedom of movement, foreign travel, emigration, and repatriation. Authorities generally respected these rights.

In-country Movement: Authorities required individuals to show identification when crossing the “Green Line.”

Foreign Travel: Only Turkey recognizes travel documents issued by the “TRNC.” Some Turkish Cypriots used Turkish travel documents, but many obtained travel documents issued by the Republic of Cyprus. Turkish Cypriots born after 1974 to parents who were both Republic of Cyprus citizens prior to 1974, obtained passports relatively easily compared to Turkish Cypriots born after 1974 to only one Cypriot parent.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The UN High Commission for Refugees (UNHCR) reported asylum seekers generally were treated as illegal migrants because an official framework for asylum does not exist in the area administered by Turkish Cypriots. Most were either denied entry or deported, irrespective of the risk of refoulement.

Turkish Cypriot authorities at times cooperated with UNHCR’s NGO implementing partner, SOS Children’s Village, and other humanitarian organizations with regard to asylum seekers and refugees. UNHCR reported cooperation was more frequent during the first half of the year, when authorities allowed SOS Children’s Village lawyers to interview Syrian asylum seekers seeking access to international protection in Cyprus. Following the introduction of a “visa” requirement for Syrian nationals in June, cooperation between Turkish Cypriot authorities and UNHCR was less frequent. With the involvement of these organizations, several asylum seekers gained access to asylum procedures in Turkey or in the government-controlled area.

Refoulement: Authorities did not provide protection against the expulsion or return of refugees to countries where their lives or freedom could be threatened. According to NGOs, authorities at “ports” often denied entry to asylum seekers. Authorities “extradited” a number of persons designated by the Turkish government as alleged affiliates of “FETO.” Some observers considered these deportations refoulement, as the individuals were denied the opportunity to seek refuge on the territory of Cyprus and were at substantial risk of mistreatment in Turkey or forcible return to Syria by Turkish authorities (also see section 2.f., Protection of Refugees in the Country Reports on Human Rights Practices for Turkey).

Access to Asylum: The “law” does not provide for the granting of asylum or refugee status, and authorities have not established a system for providing protection to refugees. A small number of persons of concern to UNHCR were able to stay in the area administered by Turkish Cypriots with UNHCR protection papers.

There were reports Turkish Cypriot authorities continued to deport numerous asylum seekers during the year before UNHCR’s implementing partner could interview them to obtain information necessary for assessing their asylum claims. Some potential asylum seekers who attempted to enter the area administered by Turkish Cypriot authorities illegally were arrested, taken to “court,” and deported after serving their prison sentences.

Freedom of Movement: Asylum seekers in the area administered by Turkish Cypriots could not travel abroad because they would be unable to return due to their lack of “legal” status.

Employment: According to immigration “law,” employers need official permission from the “Department of Labor” to register foreign workers. Persons holding UNHCR protection papers receive the same access to the labor market as third country nationals, although NGOs reported authorities refused to issue work “permits” to some individuals with UNHCR protection papers. UNHCR reported access to employment improved during the year after authorities lifted requirements that job seekers post a guarantee and hold a valid passport.

Access to Basic Services: Persons holding UNHCR protection papers could access basic services, including primary health care and education, but persons of concern to UNHCR lacked access to residence permits or welfare assistance, which rendered them at risk of exploitation and put vulnerable individuals at risk of destitution.

Section 3. Freedom to Participate in the Political Process

The “law” provides Turkish Cypriots the ability to choose their “government” in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Turkish Cypriots who live in the area administered by Turkish Cypriot authorities have the right to vote and run for office in elections for the European Parliament.

Section 4. Corruption and Lack of Transparency in Government

The “law” provides criminal penalties for corruption by “officials.” Authorities did not implement the “law” effectively, and “officials” sometimes engaged in corrupt practices with impunity. There were numerous reports of “government” corruption during the year. Observers generally perceived corruption, cronyism, and lack of transparency to be serious problems in the legislative and executive branches.

Corruption: In May a “government minister” and political party leader was accused by other politicians of leasing “state” property to his son’s business to establish a university without a tender process. The authorities did not conduct an investigation.

In August 2018 the former “director of the government electricity utility” was arrested and charged with abuse of power, damaging the institution, deceptive statements, operations against regulations, and making illegal overtime payments. The former “director” was released on bail, and trials were still ongoing.

Financial Disclosure: The “law” requires persons who hold elective office, appointees of the “council of ministers,” “judges” and “prosecutors,” the “ombudsman,” the chair of the “Attorney General’s Office,” and members of the “Attorney General’s Office” declare their wealth and assets. Every five years, employees who fall under this “law” must declare any movable and immovable property, money, equity shares, stocks, and jewelry worth five times their monthly salary as well as receivables and debts that belong to them, their spouses, and all children in their custody. The disclosure is not publicly available. Once a declaration is overdue, the employee receives a written warning to make a disclosure within 30 days. If an employee fails to do so, authorities file a complaint with the “Attorney General’s Office.” Penalties for noncompliance include a fine of up to 5,000 Turkish lira ($880), three months’ imprisonment, or both. The penalties for violating confidentiality of the disclosures include a fine of up to 10,000 Turkish lira ($1,760), 12 months’ imprisonment, or both.

In January local press reported that former National Unity Party leader and “prime minister” Huseyin Ozgurgun inaccurately declared his assets, according to an “Attorney General” investigation. In May police charged Ozgurgun with failing to accurately declare wealth and for abuse of public office for private gain. In October “parliament” voted to remove Ozgurgun’s immunity.

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

A limited number of domestic human rights organizations operated in the area administered by Turkish Cypriot authorities. Authorities were rarely cooperative or responsive to their views and requests. NGOs promoted awareness of domestic violence; women’s rights; rights of asylum seekers, refugees, and immigrants; trafficking in persons; police abuse; and the rights of lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons. These groups had little effect on “legislation” to improve the protection of human rights. Local NGOs liaised with the United Nations, UNHCR, and international NGOs on human rights issues. “Government” Human Rights Bodies: There is an “ombudsman,” whose portfolio includes human rights issues. The “ombudsman” investigates and reports on institutions that exercise administrative and executive powers and ensures that “legislation” and “court” decisions are properly implemented. The “ombudsman” can initiate investigations in response to media reports, complaints from individuals and organizations, or on its own initiative. The “ombudsman” was not always effective because it could not enforce its recommendations.

“Government” Human Rights Bodies: There is an “ombudsman,” whose portfolio includes human rights issues. The “ombudsman” investigates and reports on institutions that exercise administrative and executive powers and ensures that “legislation” and “court” decisions are properly implemented. The “ombudsman” can initiate investigations in response to media reports, complaints from individuals and organizations, or on its own initiative. The “ombudsman” was not always effective because it could not enforce its recommendations.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The “law” provides for the rights of workers, except members of police and other Turkish Cypriot security forces, to form and join independent unions of their own choosing without prior authorization. The “law” allows unions to conduct their activities without interference and provides for their right to strike, with the provision that a union notify authorities in writing if members planned to strike for longer than 24 hours. The “law” does not permit “judges,” members of the police force, or other Turkish Cypriot security forces to strike. The “Council of Ministers” has the power to prohibit a strike in any individual sector twice a year for up to 60 days if it affects the general health, security, or public order or if it prevents the provision of essential services. There is no list of what constitutes essential services.

The “law” provides for collective bargaining. The “Ministry of Labor” reported that employers could not condition employment on membership or nonmembership in a union or participation in strikes. The “law” does not provide for reinstatement of workers fired for union activities.

The “government” did not effectively enforce applicable “laws.” Despite having freedom of association and the right to engage in collective bargaining, very few private-sector workers were unionized, according to labor union representatives. A union representative said that if private-sector workers affected business operations while exercising their rights, employers would likely dismiss them. Some companies pressured workers to join unions that the company led or approved. Officials of independent unions claimed authorities created public-sector unions as rivals to weaken the independent unions.

Labor authorities did not conduct adequate inspections. Penalties for employers convicted of violating the “law” were insufficient to deter violations and sporadically enforced.

Public and semipublic employees benefited from collective bargaining agreements. Semipublic employees worked for companies run jointly by public and private enterprises where, for example, the “government” handled administration while the company’s budget came from private sources.

b. Prohibition of Forced or Compulsory Labor

The “law” prohibits all forms of forced or compulsory labor, but the “government” did not effectively enforce it. Penalties for violations of the “law” were not adequate to deter violations.

There were reports of forced labor during the year, primarily in agriculture, construction, and the industrial sector. A labor union representative reported migrant workers in the construction and agricultural sectors were subjected to reduced wages, nonpayment of wages, beatings, and threats of deportation.

A researcher reported that universities were used to smuggle and traffic large numbers of Africans and South Asians. Some foreign students who could not pay their tuition after arriving in the area administered by Turkish Cypriots became vulnerable to exploitation, including forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The “law” prohibits the worst forms of child labor. The minimum age for restricted employment is 15, the last year at which education is compulsory. Employers may hire children between the ages of 15 and 18 in apprentice positions under a special status. Children older than 15 are restricted to not more than six hours of work per day and 30 hours per week. The “law” prohibits children between the ages of 15 and 18 from working during mealtimes, at night, in heavy physical labor, and under dangerous conditions. The “law” also states that every six months the employer must prove, with medical certification, that the physical work done by a child is suitable for children. Written parental consent is also required, and children are entitled to the hourly wage of a full-time employee.

The “Ministry of Labor and Social Security” is responsible for enforcing child labor “laws” and policies. Resources, penalties, and inspections were not sufficient to deter violations.

Authorities did not always effectively enforce the “laws,” and NGOs reported that primarily Turkish children often worked alongside their families in the agricultural, manufacturing, automotive, and construction sectors. NGOs reported children worked in dangerous conditions, such as on construction sites, and were subjected to heavy physical work despite “legal” prohibitions.

Child labor in the urban informal economy was also a problem, albeit to a lesser extent than in agriculture and manufacturing. It was common in family-run shops for children to work after school and for young children to work on family farms.

d. Discrimination with Respect to Employment and Occupation

The “law” generally prohibits discrimination with respect to employment or occupation on the basis of race, sex, gender, disability, language, sexual orientation or gender identity, and social status. The “law” does not specifically address discrimination with respect to religion, political opinion, or HIV-positive status, which were addressed by general “regulations.” Authorities did not effectively enforce the “law.” Discrimination in employment and occupation occurred with respect to race, ethnicity, sex, disability, and gender.

Authorities reported there were more than 49,000 registered foreign workers in the area administrated by Turkish Cypriot authorities, mainly from Turkey, Pakistan, Turkmenistan, Bangladesh, and the Philippines. Foreign migrant workers faced societal discrimination based on their ethnicity, race, and religious belief. Greek Cypriots faced social and employment discrimination.

Women faced sexual harassment in the workplace, but most instances of sexual harassment went unreported. Women held far fewer managerial positions than men.

LGBTI individuals often concealed their sexual orientation and gender identity in the workplace to avoid discrimination. Persons with disabilities routinely found it physically difficult to access workplaces.

e. Acceptable Conditions of Work

The “government” increased the minimum wage during the year, but it remained below the poverty level for a family of four, as inflation and the cost of living outpaced the increase. The “Ministry of Labor and Social Security” is responsible for enforcing the minimum wage, but it did not effectively do so. The penalties for noncompliance were not sufficient to deter violations.

There was premium pay for overtime in the public sector. Premium pay for overtime is also required, but frequently not paid, in the private sector. The “law” prohibits compulsory overtime and provides for paid annual holidays.

Occupational safety and health standards were insufficient. Authorities did not effectively enforce safety and health standards, and the number of inspectors was not sufficient to enforce compliance. Multinational companies reportedly met health and safety standards. Workers could not remove themselves from situations that endangered health or safety without jeopardizing their employment. Authorities commonly deported migrant workers claiming violations. Authorities did not penalize violators, and inspections were not adequate to protect worker rights. The “government” has not established social protections for workers in the informal economy. Accommodations for migrant workers, either as part of their compensation or for those made to pay, were substandard.

There was little improvement in working conditions, particularly in hazardous sectors and for vulnerable groups.

The Republic of Cyprus

Czech Republic

Executive Summary

The Czech Republic is a multiparty parliamentary democracy. Legislative authority is vested in a bicameral parliament, consisting of a Chamber of Deputies (Poslanecka snemovna) and a Senate (Senat). The president is head of state and appoints a prime minister from the majority party or coalition. Voters re-elected President Milos Zeman to a second five-year term in 2018 and held parliamentary elections in 2017. Observers considered both elections free and fair.

The national police report to the Ministry of Interior and are responsible for enforcing the law and maintaining public order, including protecting the border and enforcing immigration law. The General Inspection of Security Forces (GIBS) reports to the Office of the Prime Minister and is responsible for investigating allegations of misconduct involving police, customs officials, fire fighters, and the prison service. GIBS inspectors investigated allegations of criminal misconduct and carried out “integrity tests,” or sting operations, to catch violators in action. The Ministry of Defense oversees the Armed Forces of the Czech Republic. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included crimes involving violence or threats of violence against members of the Romani community, foreign nationals, and some NGO representatives.

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

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression. The law provides for some limitations to this freedom, including in cases of hate speech, Holocaust denial, and denial of communist-era crimes.

Freedom of Expression: The law prohibits speech that incites hatred based on race, religion, class, nationality, or other group affiliation. It also limits the denial of the Holocaust and communist-era crimes. Individuals who are found guilty can serve up to three years in prison. The law is also applied to online, print, and broadcast media.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. President Zeman, his spokesperson, and parties on the far right and left publicly alleged bias in both public and private media outlets. The Freedom and Direct Democracy Party (SPD) and the Communist Party openly sought to appoint politically polarizing figures to public media supervisory boards, raising concerns they were attempting to violate the political neutrality of these institutions.

The law prohibits elected officials from controlling media properties while in office. Prime Minister Babis placed ownership of his media assets in a trust fund in 2017. Critics alleged this situation could encourage self-censorship with respect to media coverage of the government.

Transparency International lodged an administrative complaint against Prime Minister Babis in August 2018, alleging that, despite moving his commercial holdings into two trusts in early 2017, Babis still controlled media properties. In January the municipal office where Babis resided determined he had a conflict of interest and imposed a fine of 200,000 crowns ($8,600). The initial ruling was overruled twice by a higher court who halted the proceedings in September, stating it could not prove the prime minister influenced media through his company. Transparency International stated it would file a request with the Ministry of Justice to review the decision.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Acts of physical intimidation and vandalism remained serious concerns. NGOs focusing on migration issues reported an increase in telephone and email threats, including death threats (see section 6, Other Societal Violence and Discrimination).

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

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has an established system for providing protection to refugees and other specifically endangered foreign nationals.

According to the Ministry of Interior, during the first eight months of the year the average length of asylum procedures was 73 days. The length of asylum procedures in 90 percent of all cases met all legal requirements. In the remaining cases, asylum applicants received information about new deadlines for completing the asylum process in compliance with the law. Under the law, the Ministry of Interior should decide on asylum cases within six months if the applicant has submitted all required documents. Observers criticized the length and substance of some decisions.

The ombudsperson’s office issued an official complaint in February criticizing the Ministry of Interior for exceeding the legal deadlines for processing asylum applications for 78 Chinese Christians who filed asylum requests in 2016. The office also stated the ministry failed to inform parties about the deadline extension. In February 2018 the ministry granted asylum to eight individuals and rejected the remaining applications. According to ministry officials, the applicants were not able to prove their claims of persecution or that their lives were in danger as practicing Christians. Most of the rejected applicants appealed the ministry’s decisions in court, and some cases were returned to the ministry for review.

In April the Constitutional Court ruled former justice minister Robert Pelikan’s March 2018 decision to extradite Russian hacker Yevgeny Nikulin violated Nikulin’s rights because his asylum claim was still in process. The ruling prevents future extraditions from occurring while an asylum claim is still in process.

Safe Country of Origin/Transit: The country generally adheres to the Dublin III Regulation, which calls for authorities to return asylum seekers to the first EU country they entered. The Ministry of Interior accepted asylum applications from individuals arriving from or through countries deemed to be safe, as defined by law. Authorities reviewed all cases individually, but usually did not grant international protection to these applicants. Authorities added 12 countries to the list of safe countries in March.

Freedom of Movement: The length of detention for illegal migrants and rejected asylum seekers was shortened due to implementing a voluntary return system. By law, migrants facing deportation or waiting for voluntary repatriation because of ordered deportation can be detained for up to 180 days. If there are children accompanying the adults, detention can last no more than 90 days with no possibility of further extension. Vulnerable persons, including families, cannot be detained if they apply for international protection.

As of September there were 75 migrants in detention facilities in the country. Five migrants were in a detention facility specifically designed for vulnerable groups, single women without children, and families with children. The Ministry of Interior reported there were no displaced children in the country during the year.

In December 2018 the Constitutional Court annulled some parts of the 2017 amendment to the foreigners’ law ruling courts must still review the legality of detaining foreign nationals even after their release or deportation to ensure they were not detained illegally despite an attempt by the government to eliminate this procedure. The Constitutional Court also annulled a provision that halted foreign nationals’ temporary or permanent residence proceedings if it became apparent they were in the country illegally or had a deportation order.

Durable Solutions: A national integration program managed by the government in close cooperation with UNHCR and NGOs continued. Under the State Integration Program, beneficiaries of international protection are entitled to temporary accommodation, social services, Czech language training, and assistance with finding employment and permanent housing. Children are entitled to school education. In July the government amended the foreigners’ law to include government funding for integration centers beginning July 2020. The centers were previously dependent on EU funding.

The Ministry of Interior runs a long-term program to resettle vulnerable persons with Czech roots back in the Czech Republic. Under the program, the ministry in 2018 resettled approximately 2,000 persons from Ukraine and Venezuela.

The Ministry of Interior started its own assisted voluntary return program in 2017 and effectively used it to help 378 individuals return to their country of origin in 2018. As of September 1, approximately 222 individuals had been voluntarily returned to their countries of origin in 2019.

Temporary Protection: The government provided temporary protection (called “subsidiary protection” in the EU) to individuals who may not qualify as refugees. As of September 1, subsidiary protection was granted to 66 individuals during the year. Under EU guidelines, individuals granted subsidiary protection are eligible for temporary residence permits, travel documents, access to employment, equal access to health care and housing, and school education for children.

In July the Ministry of Interior granted subsidiary protection to eight Taiwanese fraud suspects detained in Prague. The group was arrested in February 2018 following a Chinese Interpol notice that it had defrauded Chinese women in Australia. The Prague High Court ruled in June the suspects could be extradited from the Czech Republic to China. The Ministry of Interior granted them subsidiary protection due to concerns they would not receive a fair trial in China.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Officials sometimes engaged in corrupt practices with impunity. An offender may face up to 12 years in prison and property forfeiture. Several high-level political figures were under investigation in various regions for manipulating public contracts (e.g., the highway toll system) and abuse of official power. Court procedures were administratively demanding, and courts sometimes artificially prolonged the cases to allow lower sentencing.

Corruption remained a problem among law enforcement bodies, and the most common forms of corruption included: leaking information for payments; the unauthorized use of law enforcement databases, typically searching for derogatory information; unlawful influencing of law enforcement procedures; and blackmail.

In December the government passed legislation intended to prevent political candidates or close acquaintances from filling positions on supervisory boards in state-owned companies, beginning January 1, 2020. Candidates for these positions are to be selected in a clear, transparent process that prioritizes technical expertise and is reviewed by an advisory committee.

After 14 years of criminal proceedings, Judge Jiri Berka was sentenced to eight and a half years in prison in November 2018. He was arrested in 2005 on charges of criminal conspiracy and fraud for falsifying the bankruptcies of 10 companies, causing damages worth 264 million crowns ($11.3 million). The appeals court lowered the penalty to seven years due to the length of the procedure, and Berka began serving his sentence in April.

On October 7, David Rath, a former minister of health and former governor of Central Bohemia, began serving a seven-year sentence after a four-year appeals process. Rath was sentenced in 2015 to seven years in prison and fined 10 million crowns ($430,000) on charges of accepting a seven million crown ($300,000) bribe in 2012. Observers criticized the case’s length despite the existence of strong supportive evidence.

Observers criticized the tenuous position of principal prosecutors whom, under existing legislation, the government can remove from office without cause.

Corruption: In November the European Commission (EC) delivered a final audit examining Prime Minister Babis’ potential conflict of interest due to his alleged continued control over his Agrofert conglomerate, which had been transferred into trust funds in 2017. As of year’s end, the results of the audit had not officially been made public; the government is required to respond to the report in early 2020. In a separate case, Czech prosecutors reopened legal proceedings in December to review allegations that he had improperly received agricultural subsidies from the European Union.

Financial Disclosure: Public officials’ asset declarations are available on the internet in a limited form or by request submitted to the Ministry of Justice. The Ministry of Justice can impose penalties of up to 50,000 crowns ($2,000) for noncompliance, but many politicians either did not or only partially fulfilled their obligation. The law also requires judges, prosecutors, directors of research institutions, and selected professional army personnel to disclose their assets. Their information is not available to the public for security reasons.

An amendment to the Free Access to Information law was passed in March that introduced new measures to strengthen citizens’ right to information beginning in 2020. Under the new law, citizens would be able to request a higher-ranking office to compel a subordinate office to provide requested information, absent grounds for refusal. The Office for Personal Data Protection would now have the right to issue similar orders and to review decisions not to provide information.

Parliament amended the Registry of Public Contracts law in June and partially canceled exceptions for major state-owned companies, such as Czech Energy Company, Czech Railways, Prague Gas Company, and others. As of November 1, the companies were obliged to publish all private and grant contracts or repayable financial assistance at the registry if not subject to other exceptions, such as contracts with a value of 50,000 crowns ($2,000) or less. Observers complained sponsorship contracts, legal advisory, and media services would be excluded. The registry is available to the public.

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

A variety of domestic and international human rights groups generally operated without governmental restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views, although some politicians disparaged NGOs in public remarks. Additional proposals to restructure state financing for NGOs resulted in general uncertainty about future funding.

Government Human Rights Bodies: The government abolished the position of minister for human rights in 2018. The director of the Section for Human Rights at the Office of the Government holds the title of commissioner for human rights.

The Office of the Government had several advisory and working-level bodies related to human rights, such as the Government Council for Human Rights, the Interministerial Commission for Romani Community Affairs, the Council for National Minorities, the Anticorruption Committee, and the Board for Persons with Disabilities.

The ombudsperson operated without government or party interference and had adequate resources. Human rights observers generally regarded the ombudsperson as effective. The office issued quarterly and annual reports to the government on its activities in addition to reports and recommendations on topics of special concern. The most frequent discrimination complaints reported to the ombudsperson related to ethnic, disability, and age-based discrimination.

In addition to the public defender of rights, there were ombudspersons for security forces and for education.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides workers the right to form and join independent unions of their choosing without authorization or excessive requirements. The law provides for the right to associate freely for both citizens and foreign workers. Unions are apolitical and independent of the state, and the state must not interfere in their internal affairs. The minimum number of members needed to form a union is three.

The law allows collective bargaining. It prohibits antiunion discrimination and does not recognize union activity as a valid reason for dismissal. Workers in most occupations have the legal right to strike if mediation efforts fail, and they generally exercised this right.

Strikes can be restricted or prohibited in essential service sectors, including health and social care facilities, fire brigades, public utility services, air traffic control, nuclear energy, and the oil and natural gas sector. Members of the armed forces, prosecutors, and judges may not form or join trade unions or strike. Only trade unions may legally represent workers, including nonmembers. When planning a strike, unions are required to inform employers in writing of the number of strikers and provide a list of the members of the strike committee or contact persons for negotiation. They must announce the strike at least three days in advance. While regulations entitle union members to conduct some union activities during work hours, they do not specify how much time workers may use for this purpose, leaving room for diverse interpretations on the part of employers.

The law protects union officials from dismissal by an employer during their term of union service and for 12 months after its completion. To dismiss a union official, an employer must seek prior consent from the employee’s unit within the union. If the union does not consent, the dismissal notice is invalid.

The government worked to enforce such laws effectively and permitted unions to conduct their activities without interference. Government resources for inspections and remediation were adequate, and legal penalties in the form of fines were sufficient to deter violations.

The Czech-Moravian Confederation of Trade Unions (CMKOS) reported violations of the labor law and trade union rules continued during the year. CMKOS also reported violations and cases of discrimination, including employers raising administrative obstacles to collective bargaining, threatening to dismiss employees who asserted their union rights, including refusing to terminate union activities, or attempting to form unions.

Union and nonunion employees often preferred to switch jobs rather than file a formal complaint. Employees would usually file complaints only if the employer stopped paying wages.

During the year labor unions most frequently used strikes and strike alerts to advance their goals. Strikes and strike alerts predominantly targeted wages.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced these prohibitions. Resources, inspections, and remediation were adequate. Penalties were sufficient to deter violations.

Forced labor trafficking is the second most common form of trafficking after sex trafficking. There were reports men and women, including migrant workers, were subject to forced labor trafficking, typically through debt bondage. The Ministry of Interior reported 11 total victims (all women) of trafficking in 2018, compared to 14 victims (10 women and four men) in 2017. The victims were from the Philippines, Romania, Sierra Leone, the Slovak Republic, and Ukraine. Private labor agencies often used deceptive practices to recruit workers from abroad, as well as from inside the country, despite very high demand in the country’s labor market. Foreign applicants that used private labor agencies mostly came from Romania, Bulgaria, the Philippines, and Nepal. Forced laborers often worked in the construction industry or seasonal types of work.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for employment is 15. Employment of children between the ages of 15 and 18 was subject to strict safety standards, limitations on hours of work, and the requirement that work not interfere with education.

The law permits children younger than 15 (or who have not completed mandatory elementary education) to only work in certain areas: cultural and artistic activities, advertising, product promotion, and certain modeli