LebanonCountry Reports on Human Rights Practices - 2006Released by the Bureau of Democracy, Human Rights, and Labor March 6, 2007 Lebanon, with a population of approximately 4 million, is a parliamentary republic in which the president is a Maronite Christian, the prime minister a Sunni Muslim, and the speaker of the chamber of deputies a Shi'a Muslim. President Emile Lahoud, who is the head of state, was elected in 1998 for a six year term; however, in September 2004 the Syrian regime pressured parliamentarians to pass a constitutional amendment that extended President Lahoud's term until November 2007. The latest legislative elections took place in four phases between May 29 and June 19, 2005. According to international observers, the elections were considered generally free and fair, although most political observers considered the boundaries of the electoral districts to be unfair. The elections resulted in a new majority in the parliament opposed to Syrian interference in the country. There were limitations on the right of citizens to peacefully change their government. In a climate of impunity, there were instances of arbitrary or unlawful deprivation of life, torture, and other abuse. Security forces arbitrarily arrested and detained individuals, while poor prison conditions, lengthy pretrial detention and long delays in trials remained serious problems. The government violated citizens' privacy rights in an atmosphere of government corruption and lack of transparency. There were some restrictions on freedoms of speech and press, including intimidation of journalists. There were limitations on freedom of movement for unregistered refugees, while widespread, systematic discrimination against Palestinian refugees continued. Domestic violence and societal discrimination againstwomen continued. Violence against children and child labor were also problems. During the yearbefore the conflict broke out, the government took significant steps to increase freedom of assembly and association at mass demonstrations and by facilitating the formation of new political associations and parties. The government also took concrete measures to prevent unauthorized eavesdropping on private citizens. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom From: a. Arbitrary or Unlawful Deprivation of Life On July 12, Hizballah killed three and abducted two Israeli Defense Force (IDF) soldiers during a cross-border attack from southern Lebanon, resulting in a conflict that lasted until August 14. According to the UN, Israel's air and ground operations in Lebanon killed 1,191 persons, and injured 4,409 persons. Hizballah group leaders unofficially indicated that more than 250 of their fighters were killed during the conflict. During the year the UN International Independent Investigation Commission (UNIIIC), established under UNSC resolution 1595, continued its investigation into the February 2005 assassination of former Prime Minister Rafiq Hariri. While preliminary reports over the last year have pointed to possible linkages to Syrian intelligence services, no firm conclusion was reached by year's end. The following deaths by car bombings were reported during the year: On May 26, Islamic Jihad member Mahmoud Majzoub and his brother were killed in Sidon by a bomb placed in his car. The cabinet condemned the killing asserting that it had "the fingerprints of the Israeli occupation." On September 5, two roadside bombs exploded in Rmeileh injuring Internal Security Forces (ISF) Lieutenant Colonel Samir Shehade and killing four of his bodyguards. Shehade was deputy head of the information department in the ISF; Shehade handled many sensitive cases including the investigation into the late Prime Minister Hariri's assassination. The explosion came on the eve of the arrival of UN Undersecretary for Legal Affairs Michel to Beirut to discuss the formation of an international tribunal to try suspects in the Hariri assassination. Investigations into the incident continued at year's end. Investigation into 2005 bombings continued, but there were no further developments in the following cases: The June 2005 killings of Samir Kassir, a prominent anti-Syrian journalist, and George Hawi, former head of the Lebanese Communist Party, who were killed in Beirut when bombs placed under their cars exploded; the July 2005 car bomb which blasted the motorcade of Lebanon's defense minister and incoming Deputy Prime Minister, Elias Murr, injuring him and killing one person; the September 2005 explosive planted under the car of proreform journalist May Chidiac which seriously injured her; and the December 2005 car bomb that killed the popular prodemocracy journalist and politician Gibran Tueni, along with a bodyguard and a bystander. There were no developments in the 2004 car bombing that killed Hizballah member Ghalib Awwali in the southern suburbs of Beirut. After further investigation, the potential mass grave discovered in December 2005 at the site of a former Syrian Intelligence headquarters in the town of Anjar turned out to be a 600-year-old communalburial site.
b. Disappearance There were no reports of politically motivated disappearances caused by government forces. On July 12, Hizballah kidnapped two Israeli soldiers on Israeli territory. Hizballah had yet to allow access or communications with the two soldiers at years end. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The law does not specifically prohibit torture, and security forces abused detainees and in some instances used torture. Human rights groups, including Amnesty International (AI) and Human Rights Watch (HRW), reported that torture was a common practice. Prison and Detention Center Conditions Prison conditions were poor and did not meet minimum international standards. Prisons were overcrowded, and sanitary conditions in the women's prison, in particular, were very poor. There were no serious threats to health, but indirect threats were noted, such as physical and mental stress; the latter were especially noteworthy in Yarze prison, southeast of Beirut. The government did not consider prison reform a high priority. The number of inmates was estimated to be 5,971, including pretrial detainees and remand prisoners. The government made a modest effort to rehabilitate some inmates through education and training programs. During the year there were no reports of men and women being held together in the same prison facility. While there were no government reports on juveniles being held in the same prison facilities as adults during the year, it could not be confirmed that the situation did not occasionally happen due to limited prison facilities. The government permitted independent monitoring of prison conditions by local and international human rights groups and the International Committee of the Red Cross (ICRC). However, due to the July-August conflict, many human rights groups focused their priorities on providing humanitarian assistance rather than monitoring prison conditions. d. Arbitrary Arrest or Detention Although the law requires judicial warrants before arrests, except in immediate pursuit situations, the government arbitrarily arrested and detained persons. Role of the Police and Security Apparatus The security forces consist of the LAF under the Ministry of Defense, which may arrest and detain suspects on national security grounds; ISF under the Ministry of the Interior (MOI), which enforces laws, conducts searches and arrests, and refers cases to the judiciary; the State Security Apparatus, which reports to the prime minister; and the SG under the MOI. Both of the latter two collect information on groups deemed a possible threat to state security. Military intelligence personnel made arrests without warrants in cases involving military personnel and those involving espionage, treason, weapons possession, and draft evasion (see section 1.e.). The 2004 report by the Parliamentary Commission for Human Rights estimated that of the over 5,000 persons being held in prison, one third had not been convicted of crime. While there was no state-funded public defender's office, the bar association operated an office for those who could not afford a lawyer, and a lawyer was often provided for indigent defendants. e. Denial of Fair Public Trial While the constitution provides for an independent judiciary, in practice the judiciary was subject to political pressure, particularly in the appointments of key prosecutors and investigating magistrates. With the support of the UNIIIC, however, the judiciary began judicial proceedings against once-powerful security and intelligence chiefs who had cooperated with Syria's occupation. The law provides for a fair public trial and for an independent judiciary; however, influential politicians as well as Syrian and Lebanese intelligence officers at times intervened and protected their supporters from prosecution. The judiciary still suffered from intimidation generated by a series of unresolved political assassinations committed by unidentified assailants beginning in 2004. Despite this intimidation, the aftermath of the February 2005 assassination of Rafiq al-Hariri led to significant progress in eliminating political and security influence over the judiciary. Unlike in the previous year authorities did not harass critics of the judicial system. The Ministry of Justice appoints all other judges, taking into account the sectarian affiliation of the prospective judge. A shortage of qualified judges impeded efforts to adjudicate cases backlogged during the years of internal conflict. Trial delays were aggravated by the government's inability to conduct investigations in areas outside of its control, specifically in the Hizballah-controlled areas in the south and in the 12 Palestinian-controlled refugee camps throughout the country. Trial Procedures There is no trial by jury; trials were generally public, but judges had the discretion to order a closed court session. Defendants have the right to be present at trial and the right of timely consultation with an attorney. Defendants have the right to confront or question witnesses against them, but they must do so through the court panel, which decides whether or not to permit the defendant's question. Defendants and their attorneys have access to government-held evidence relevant to their cases and the right of appeal. These rights generally were observed. Defendants on trial for security cases, which were heard before the Judicial Council, have the same procedural rights as other defendants; however, there was no right to appeal in such cases. Trials for security cases were generally public; however, judges had the discretion to order a closed court session. The Military Court has jurisdiction over cases involving the military as well as those involving civilians in espionage, treason, weapons possession, and draft evasion cases. Civilians may be tried for security issues, and military personnel may be tried for civil issues. The Military Court has two tribunals--the permanent tribunal and the cassation tribunal--the latter hears appeals from the former. A civilian judge chairs the higher court. Defendants on trial under the military tribunal have the same procedural rights as defendants in ordinary courts. Unlike in previous years, there were no reports that Hizballah subjected former Southern Lebanese Army soldiers who returned to their villages to harassment. Palestinian groups in refugee camps operated an autonomous and arbitrary system of justice not under the control of the state. For example, local popular committees in the camps attempted to solve disputes using tribal methods of reconciliation. If the case involved a killing, the committees occasionally used their good offices to hand over the perpetrator to Lebanese authorities for trial. Political Prisoners and Detainees During the yearthere were no reports of political prisoners or detainees. While the law prohibits such actions, authorities frequently interfered with the privacy of persons regarded as enemies of the government. The law requires that prosecutors obtain warrants before entering homes, except when the security forces are in close pursuit of armed attackers; these rights were generally observed. The Army Intelligence Service monitored the movements and activities of members of opposition groups (see section 2.b.). Despite a law regulating eavesdropping, security services continued to eavesdrop without prior authorization. Militias and non-Lebanese forces operating outside the area of central government authority frequently violated citizens' privacy rights. Various factions also used informer networks and monitoring of telephones to obtain information regarding their perceived adversaries. The Siniora government took steps to roll back the violation of privacy rights. In September 2005 the government passed two implementation decrees. The first decree called for creating an independent judicial committee chaired by the chairman of the Judicial Council. This committee would receive complaints from parties who believed that their phones were tapped. The committee would also give permission for security services to monitor the telephones of criminals. The committee members were appointed by the Siniora government in December 2005 but did not start their duties by year's end. The second decree concerned the operations of security intelligence and called for the creation of a centralized unit that would have supervision over tapping phones related to military personnel only. The committee would report to the minister of interior and the prime minister. The ministry would review the procedure regularly and eventually bring all phone tapping into this centralized unit. This centralized unit had not been put into effect by year's end. a. Freedom of Speech and Press The law provides for freedom of speech and of the press, and the government generally respected these rights in practice. The law limited materials that can be censored to pornography, political opinion, and religion when they are a threat to national security. Since the 2005 withdrawal of Syrian forces from the country, journalists operated in a more free media environment. However, due to the tense political atmosphere and a weak judiciary, journalists continued to exercise self-censorship, although to a far lesser degree than in previous years. The 2005 killings of prominent journalists and the failure to apprehend those responsible created a climate of intimidation. There were no reported killings of journalists during the year. Throughout the year the film "Naked Gun" was prohibited from being shown on Lebanese television because it included a brief scene mocking Ayatollah Khomeini. There were seven television stations and 33 radio stations. The government owned one television and one radio station; the remaining stations were owned privately. Inexpensive satellite television was widely available. Internet Freedom c. Freedom of Religion The constitution provides for absolute freedom of belief and guarantees the freedom to practice all religious rites provided that the public order is not disturbed. The constitution declares equality of rights and duties for all citizens without discrimination or preference but stipulates a balance of power distributed among the major religious groups. The government generally respected these rights; however, there were some restrictions. The law does not provide for freedom to have no religion. The government subsidized all religions and appointed and paid the salaries of Muslim and Druze judges. Many family and personal status laws discriminated against women. For example, Sunni inheritance law provides a son twice the inheritance of a daughter. Although Muslim men may divorce easily, Muslim women may do so only with the concurrence of their husbands. The law provides that only religious authorities may perform marriages; however, civil marriage ceremonies performed outside the country were recognized by the government. There were no legal barriers to proselytizing; however, traditional attitudes and edicts of the clerical establishment strongly discouraged such activity. Religious authorities appointed the clerical establishments to which they are affiliated. Although the law stipulates that any one who "blasphemes God publicly" may face imprisonment for up to one year, no prosecutions were reported under this law during the year. Societal Abuses and Discrimination Sectarian rhetoric increased in intensity during the year. Lebanese media outlets regularly directed strong rhetoric against Israel and its Jewish population and commonly characterized events in the region as part of a Zionist conspiracy. Moreover, anti-Semitic literature was published and distributed with the cooperation of Hizballah. Hizballah also controlled and operated Al-Manar TV. On October 20, Al-Manar broadcast an interview with the head of the Lebanese Islamic Action Front in which he stated that the resistance and Lebanon were victorious, and that defeat was the lot of Israel and this accursed Israeli people - this accursed nation, the offspring of apes and pigs. The government maintained security checkpoints, primarily in military and other restricted areas. There were few police checkpoints on main roads or in populated areas. The security services used checkpoints to conduct warrantless searches for smuggled goods, weapons, narcotics, and subversive literature. The law does not explicitly target Palestinian refugees, but bars those who are not bearers of nationality of a recognized state from owning property. Palestinians no longer may purchase property, and those who owned property prior to 2001 are prohibited from passing it on to their children. The parliament justified these restrictions on the grounds that it was protecting the right of Palestinian refugees to return to the homes they fled after the creation of the state of Israel in 1948. Other foreigners may own a limited-size plot of land but only after obtaining the approval of five different district offices. The law applies to all foreigners, but it was applied in a manner disadvantageous to the 25,000 Kurds in the country. In October 2005 according to the government, a new office in the Ministry of Foreign Affairs was established to address the Palestinian refugee issue in a more comprehensive and just manner. One of the principal objectives of this office was to approve and increase the number of humanitarian projects designed to assist the Palestinian refugee population, with an emphasis on health and education. This office will seek additional donor assistance and cooperation from the international community and NGOs. Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights A number of local and international human rights groups generally operated freely without overt government restriction, including the Lebanese Association for Human Rights, the Foundation for Human and Humanitarian Rights-Lebanon, the National Association for the Rights of the Disabled, ICRC, and Amnesty International, investigating and publishing their findings. In the past, some human rights groups reported harassment and intimidation by the government or Hizballah. During the year there was no known report of a concerted effort of harassment by the government of nongovernmental human rights organizations working in the country. The law provides for equality among all citizens; however, in practice, some aspects of the law and traditional beliefs discriminated against women. Although the law reserves a percentage of private sector and government jobs to persons with disabilities, there were few accommodations made for them. Discrimination based on race, language, or social status is illegal and was not widespread among citizens; however, foreign domestic servants often were mistreated. Foreign domestic servants sometimes suffered physical abuse, had pay withheld or unfairly reduced, or were forced to remain locked within their employer's home for the duration of their contracts. Women The law does not specifically prohibit domestic violence, and domestic violence against women was a problem. There were no authoritative statistics on the extent of spousal abuse; however, most experts noted that it was a problem. Despite a law prohibiting battery with a maximum sentence of three years in prison for those convicted, some religious courts legally may require a battered wife to return to her home in spite of physical abuse. Women were sometimes compelled to remain in abusive marriages because of economic, social, and family pressures. The government had no separate program to provide medical assistance to battered women; however, it provided legal assistance to victims who could not afford it regardless of their gender. In most cases police ignored complaints submitted by battered or abused women. A local NGO, the Lebanese Council to Resist Violence against Women, worked actively to reduce violence against women by offering counseling, legal aid, and raising awareness about domestic violence. Foreign domestic servants often were mistreated, abused, and in some cases, raped or placed in slavery-like conditions (see section 5, Trafficking). Asian and African female workers had no practical legal recourse available to them because of their low status, isolation from society, and because labor laws did not protect them (see section 6.e.). Because of such abuse, the government prohibited foreign women from working if they were from countries that did not have diplomatic representation in the country. The law prohibits rape, and the minimum prison sentence for a person convicted of rape is five years in prison. The minimum sentence for a person convicted of raping a minor is seven years. The law was effectively enforced. The legal system was discriminatory in its handling of honor crimes. According to the Penal Code, a man who kills his wife or other female relative may receive a reduced sentence if he demonstrates that he committed the crime in response to a socially unacceptable sexual relationship conducted by the victim. For example, while the Penal Code stipulates that murder is punishable by either a life sentence or the death penalty, if a defendant can prove it was an honor crime, the sentence is commuted to one to seven years imprisonment. While several honor crimes were reported in the media, no person was convicted in a case legally considered an honor crime. Although the law on prostitution requires that brothels be licensed, including regular testing for disease, government policy was not to issue new licenses for brothels in an attempt to gradually eliminate legal prostitution in the country. In practice most prostitution was unlicensed and illegal. The SG reported issuing 3,744 visas in 2005 to mostly eastern European women to work in adult clubs as artistes. Although prostitution is illegal, virtually all of these women engaged in prostitution with the implicit consent of the government. The country was a destination for trafficked persons, primarily women (see section 5, Trafficking). The law prohibits sexual harassment; however, it was a widespread problem, and the law was not effectively enforced. Social pressure against women pursuing careers was strong in some parts of society. Men sometimes exercised considerable control over female relatives, restricting their activities outside the home or their contact with friends and relatives. Women may own property, but often ceded control of it to male relatives for cultural reasons and because of family pressure. The law provides for equal pay for equal work for men and women, but in the private sector there was some discrimination regarding the provision of benefits. Only men may confer citizenship on their spouses and children. Accordingly, children born to citizen mothers and foreign fathers are not eligible for citizenship. Citizen widows may confer citizenship on their minor children. Children Education was free in public schools and compulsory until the completion of the elementary level at age 12. However, implementation decrees were not issued. Public schools generally were inadequate, lacking proper facilities, equipment and trained staff. Although private schools were widespread in the country, the cost of private education was a significant problem for the middle and lower classes. In its latest report, the UN Childrens Fund reported that approximately 91 percent of children between the ages of three and five, and approximately 98 percent of children between the ages of six to 11 were enrolled in school. In some families with limited incomes, boys received more education than girls. Boys and girls had equal access to medical care. The government provided vaccination and other pediatric health services in dispensaries operated by the Ministry of Health and the Ministry of Social Affairs. Access to hospitals was provided to all free of gender discrimination. Trafficking in Persons The law does not specifically prohibit trafficking in persons, and although the government made progress in stemming some forms of trafficking in persons, it remained a problem. The Penal Code stipulates that "any person who deprives another of freedom either by abduction or any other means shall be sentenced to temporary hard labor." The country was a destination for East European and Russian women, contracted as dancers in adult clubs. Most of these women engaged in voluntary illegal prostitution, but some reported facing intimidation or coercion and having their movements restricted while others were at risk as targets of abuse. The country was also a destination for women from Africa and Asia, usually contracted as household workers. Women are required by law to have good-faith work contracts and sponsors, but often found themselves in situations of involuntary servitude with little practical legal recourse. If forced prostitution or forced rendering of sexual services occurred as a result of abduction, the Penal Code stipulates that the abductor be sentenced to at least one year in prison; however, this law was applied inconsistently. Many women became illegal workers because their employers did not renew their work and residency permits or because they ran away from their employers' house, therefore becoming subject to detention and deportation. Workers' illegal immigration status was also used by abusive sponsors as a tactic to intimidate employees and coerce them into labor. Unscrupulous employers sometimes falsely accused the employee of theft to relinquish responsibility for the employee as well as the taxes and a return airline ticket (see section 6.e.). Restrictions of movement and withholding of passports were common practices. A small number of exploited foreign workers won cases against their employers, but nonjudicial action resolved the majority of these cases. As a result of that process, workers frequently were repatriated without further judicial action. A few cases were referred to the judiciary for further action, although the government took minimal steps to prosecute traffickers. There were no new developments in the investigations of the 2004 deaths of Herra Olandres and Luella Montenegro, two Filipinas allegedly attempting to flee abusive work environments when they died. In 2005the SG began endorsing an alternative for migrant workers who did not wish to be repatriated to their home country to legally change their sponsor. It started allowing migrant workers to change employers, but only if they have a "release paper" from the original employer. A court may order an abusive employer to provide such a release paper as part of a decision, or this may be part of a negotiated out-of-court settlement. NGOs indicated that the government still did not have a zero-tolerance policy for physical abuse of domestic workers. Two types of booklets explaining regulations governing migrant workers, including descriptions of their rights and responsibilities, were available upon request, or distributed as needed.
Persons with Disabilities Discrimination against persons with disabilities continued. For example, the Civil Service Board, which is in charge of recruiting government employees, refused to receive applications from disabled persons. The law mandates disabled access to buildings; however, the government failed to take steps to amend building codes to conform to this law. Approximately 100,000 persons were disabled during the civil war. Families generally cared for their own family members with disabilities. Most efforts to assist persons with disabilities were made by approximately 100 private organizations. These organizations were relatively active, although poorly funded. The law on persons with disabilities stipulates that at least 3 percent of all government and private sector positions should be filled by persons with disabilities, provided that such persons fulfill the qualifications for the position. However, there was no evidence that the law was enforced in practice. In 2002 the Ministry of Finance informed all firms and companies that it would not settle obligations with them unless they proved that 3 percent of their workforce was composed of persons with disabilities. However, the ministry failed to enforce this decision. Many persons with mental disabilities were cared for in private institutions, many of which were subsidized by the government. National/Racial/Ethnic Minorities Other Societal Abuses and Discrimination Discrimination against homosexuals persisted during the year. The law prohibits unnatural sexual intercourse, which is punishable by up to one year in prison. The law was sometimes applied to homosexuals. Citizens sexual preferences reflected societal norms, not legal rulings. There are no discriminatory laws against persons with HIV/AIDS. Section 6 Worker Rights a. The Right of Association The law provides that all workers, except government employees, may establish and join unions, and workers exercised this right in practice. The General Confederation of Labor (GCL) estimated that there were 900,000 workers in the active labor force. Approximately 5 to 7 percent of workers were members of some 450 to 500 labor unions and associations, half of which were believed to be inactive. Most unions belonged to federations. At year's end 43 federations were voting members of the GCL. However, some unionists continued to claim that some of these federations were "virtual," that is, created by political interest groups to offset the votes of the 13 established labor confederations that actually represented workers. The GCL remained the only organization recognized by the government as an interlocutor that represented workers. Antiunion discrimination by private employers was a common practice. While the government does not have a good mechanism for measuring such practices, it appeared prevalent in many sectors of the economy. Palestinian refugees may organize their own unions; however, because of restrictions on their right to work, few Palestinians participated actively in trade unions (see section 2.d.). b. The Right to Organize and Bargain Collectively The right of workers to organize and to bargain collectively exists in law and practice. Most worker groups engaged in some form of collective bargaining with their employers. Stronger federations obtained significant gains for their members and on occasion assisted nonunion workers. No government mechanisms promoted voluntary labor-management negotiations, and workers had no protection against antiunion discrimination. The law provides for the right to strike. On May 1, the Communist Party held a Labor Day march to protest the deterioration of living conditions, and on May 10 teachers protested government economic reform policies. There are no export processing zones. c. Prohibition of Forced or Compulsory Labor The law does not specifically prohibit forced or compulsory labor, including by children; however, articles within the law prohibit behavior that constitutes forced or compulsory labor. Nevertheless, children, foreign domestic workers, and other foreign workers sometimes were forced to remain in situations amounting to coerced or bonded labor (see sections 5 and 6.e.). d. Prohibition of Child Labor and Minimum Age for Employment Child labor was a problem. The minimum age for child employment is 14 years. Under the law juveniles are defined as children between 14 and 18 years of age. The law prohibits the employment of juveniles before they undergo a medical exam to ensure their fitness for the job for which they are hired. The labor code prohibits employment of juveniles under the age of 18 for more than six hours per day, and requires one hour of rest if work is more than four hours. The law entitles them to 21 days of paid annual leave. Juveniles are prohibited from working between the hours of 7 p.m. and 7 a.m. The law prohibits juveniles under the age of 17 from working in jobs that jeopardize their health, safety, or morals. It also prohibits the employment of juveniles under 16 in industrial jobs or jobs that are physically demanding or harmful to their health. The MOL was responsible for enforcing these requirements; however, it did not enforce the law effectively. In cooperation with the UN Office for Drug Control and Crime Prevention, the government inaugurated the Center for Juvenile Victims of Physical Abuse in 2005. As such, juveniles would no longer be interrogated at police stations but rather at the center, which was equipped according to international norms, in the presence of a social worker. Children worked in predominantly trade-related jobs. The percentage of working children between the ages of 10 and 14 was estimated at 1.8 percent. The percentage of working children between the ages of 15 and 18 was 11.3 percent. There were no recent reliable statistics on the number of child workers. The government sets a legal minimum wage; during the year it was approximately $200 (300,000 pounds) per month, but it was not enforced effectively in the private sector. The minimum wage did not provide a decent standard of living for a worker and family. Trade unions attempted to ensure the payment of minimum wages in both the public sector and the large-scale private sector. The law prescribes a standard 48-hour workweek, with a 24-hour rest period per week. In practice workers in the industrial sector worked an average of 35 hours per week, and workers in other sectors worked an average of 30 hours per week. The law includes specific occupational health and safety regulations. Labor regulations require employers to take adequate precautions for employee safety. The MOL was responsible for enforcing these regulations but did so unevenly. Labor organizers reported that workers did not have the right to remove themselves from hazardous conditions without jeopardizing their continued employment. Some private sector firms failed to provide employees with family and transport allowances as stipulated under the law and to register them at the National Social Security Fund. Some companies also did not respect occupational health and safety regulations stipulated by the law. Workers are permitted to complain about violations to the GCL, an umbrella organization for trade unions, the MOL and the National Social Security Fund. In most cases, however, they preferred to remain silent fearing arbitrary dismissal. Foreign domestic workers, mostly of Asian and African origin, were mistreated, abused, raped, or placed in situations of coerced labor or slavery-like conditions (see section 5). Recruitment agencies and employers are required to have signed employment contracts with the foreign worker. According to NGOs assisting migrant workers, however, these agreements were often undermined by second contracts signed in the source countries that stipulated lower salaries. Employers and agencies used these changes to pay the migrant a lower salary. Anecdotal evidence suggested that some employers did not pay their workers on a regular basis, and some withheld the salary until the end of the contract, which was usually two years. Government regulations prohibit employment agencies from withholding foreign workers' passports for any reason. However, in practice it continued to be common for employment agencies and household employers to withhold maids' passports. These measures were used to control the outside activities of the workers, specifically, to keep them from running away. The law does not protect foreign domestic workers. Domestic workers often worked 18 hours per day and, in many cases did not receive vacations or holidays. There was no minimum wage for domestic workers. Although official contracts stipulate a wage ranging from $100 to $300 (150,000 to 450,000 pounds) per month, depending on the nationality of the worker, the actual salary was much less. Victims of trafficking or abusive labor situations may file civil suits or seek legal action, but most victims, often counseled by their embassies or consulates, settled for an administrative solution, which usually included monetary compensation and repatriation. The government did not release information on legal actions filed, but NGOs indicated that fewer than 10 legal actions were undertaken during the year. During the year the MOL, which regulates the activities of employment agencies, closed 15 agencies for violations of workers' rights, including physical abuse. Perpetrators of the abuses, however, were not further prosecuted for a number of reasons, including the victims' refusal to press charges or a lack of evidence. The MOL, which also has jurisdiction in cases where the labor contract has been violated, reported adjudicating 57 such cases during the year. An unknown number of other cases of nonpayment of wages were settled through negotiation. According to source country embassies and consulates, many workers did not report violations of their labor contracts until after returning to their countries. |
