e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

TRIAL PROCEDURES

The constitution provides for the right to a fair and public trial by jury, and an independent judiciary generally enforced this right. Defendants have the right to a presumption of innocence, timely access to counsel, and free assistance of an interpreter. They may be present at their trial, confront adverse witnesses, present their own witnesses and evidence, and appeal. Defendants may not be compelled to testify or confess guilt. The government provides legal assistance at public expense to persons without the means to retain a private attorney, but only in capital cases.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals and organizations may seek civil remedies for human rights violations through domestic courts. They may apply to the High Court for redress of alleged violations of their constitutional rights. They may appeal adverse domestic decisions to regional human rights bodies.

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, or 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 law does not prohibit employment discrimination based on religion, language, sexual orientation or 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. Persons with disabilities faced limited workplace access, and women often received less pay for equal work. There were also anecdotal reports of employment discrimination against employees with HIV/AIDS (see section 6, HIV and AIDS Social Stigma).

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

TRIAL PROCEDURES

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. The court appoints attorneys only for indigent defendants charged with a capital offense. Defendants are presumed innocent until proven guilty, may be present at the trial, are informed promptly and in detail of the charges, and may confront and question witnesses. Defendants had access to free assistance of an interpreter as necessary and adequate time and facilities to prepare a defense. Defendants may present their own witnesses and evidence and cannot be compelled to testify or confess guilt. Witnesses and victims sometimes refused to testify because they feared retaliation. Defendants may appeal verdicts and penalties.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent, impartial judiciary in civil matters, where one may bring lawsuits seeking damages for a human rights violation. Individuals may appeal adverse domestic decisions to regional human rights bodies.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination based on sex or disability, but no laws prohibit discrimination against a person based on race, religion, political opinion, national origin, social origin, age, or language. Whether the constitutional provision covers sexual orientation and gender identity, or HIV-positive status is a matter of interpretation untested in court. The government did not effectively enforce applicable laws prohibiting employment discrimination. It was unclear if penalties were sufficient to deter violations.