Kiribati

Executive Summary

Kiribati is a constitutional multiparty republic. The president exercises executive authority. Following legislative elections, the House of Assembly nominates at least three and no more than four presidential candidates from among its members, and the public then elects the president for a four-year term. Citizens elected Taneti Maamau president in March 2016. Observers considered the election free and fair. Observers considered the two-stage parliamentary elections held in December 2015 and January 2016 to be free and fair.

The Police and Prisons Service, under the Ministry of Justice, maintains internal security. The country has no military force. Civilian authorities maintained effective control over the police.

Significant human rights issues included: corruption; criminalization of consensual sexual activity between men, although the law was not enforced; and child labor.

The government took steps to investigate officials who committed human rights abuses, and impunity was not a problem.

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. There were some reports the government impeded visiting foreign journalists’ efforts to report on Kiribati, although the government said the reporters had failed to follow the proper application processes.

Press and Media, Including Online Media and Internet Freedom: Although there were no government restrictions, there were some concerns about the lack of independent local media and the lack of transparency of the registration process for media organizations. Either the government’s Broadcasting and Publications Authority or a media company owned by a member of parliament operated most locally based news media. The regional SKY Pacific paid-television channel provided news coverage in the capital, South Tarawa.

The law requires registration of newspapers and allows the government to cancel registrations or fine newspapers for certain offenses.

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

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

Not applicable.

f. Protection of Refugees

Access to Asylum: The law does not specifically provide for the granting of asylum or refugee status, and the government has not established a formal system for providing protection to refugees. The principal immigration officer has wide discretionary authority to permit foreigners to stay in the country. During the year there were no reported applications for asylum or refugee status.

Not applicable.

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.

Recent Elections: Observers considered the presidential election held in March 2016 to be free and fair. The legislature has 45 members. Of that number, 43 are elected by universal adult suffrage; the Rabi Island Council of i-Kiribati (persons of Kiribati ancestry) in Fiji elects one; and the attorney general, as an ex officio member, occupies the remaining seat. Two-step parliamentary elections held in December 2015 and January 2016 were considered free and fair.

Participation of Women and Minorities: No laws limit participation of women or members of minority groups in the political process. Their participation was low, largely due to traditional perceptions of their role in society. Three women were elected to the legislature in 2016, comprising 7 percent of that body. The same year, parliament appointed the country’s first female attorney general; several women served as permanent secretaries and deputy secretaries in the administration.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but corruption by officials was common, as was impunity.

Corruption: Nepotism and favoritism based on tribal and church ties were prevalent. The auditor general is responsible for oversight of government but lacked sufficient resources to enforce the law effectively. In June the vice president was removed from office for breaching the government’s travel policy and due to concern over delays in the Bairiki sports stadium redevelopment, which the vice president was overseeing. With the support of international donors, the government consulted with, and conducted training for, parliamentarians, citizens, and community-based organizations to strengthen capacities to address corruption and to implement the 2016 Leaders Code of Conduct.

Financial Disclosure: No laws, regulations, or codes of conduct require income and asset disclosure by appointed or elected officials.

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 cooperative and responsive to their views.

Together with foreign partners, the government offered training to police, nongovernmental organizations (NGOs), and church-based groups to develop strategies to strengthen human rights institutions and policies, and to reduce discrimination against women.

Government Human Rights Bodies: A Human Rights Taskforce and a Human Rights Unit based in the Ministry of Justice provide human rights training and monitoring, and coordinate implementation of human rights treaties.

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

Rape and Domestic Violence: Rape, including spousal rape, is a crime, with a maximum penalty of life in prison, but sentences typically were much shorter. Domestic violence is a crime. The law provides for penalties of up to six months in prison for common assault and up to five years in prison for assault involving bodily harm.

The government, in partnership with UN Women, the Fiji Women’s Crisis Center, the Secretariat of the Pacific Community Regional Rights Resource Team, and development partners, continued training for police, public prosecutors, health workers, social welfare workers, education officials, elected officials, and NGO workers to implement the law effectively. Cultural taboos on reporting rape and domestic abuse and police attitudes encouraging reconciliation rather than prosecution existed.

The government continued implementing the Eliminating Sexual and Gender-based Violence Policy through a 10-year national action plan launched in 2011. The police force has a Domestic Violence and Sexual Offenses Unit whose officers participated in a capacity-building program, funded by a foreign government, that provided training in handling such cases. Police also ran a 24-hour hotline for victims of sexual violence and domestic abuse. The Kiribati Women and Children Support Center (KWCSC) continued increasing support for women and children affected by violence. With the support of an NGO, the KWCSC also provided victims with counselling and referral services. The Catholic Church operated a second shelter for women and children in Tarawa. The Ministry of Health operated a clinic at the main hospital in Tarawa for victims of domestic violence and sexual offenses.

Sexual Harassment: The law criminalizes sexual harassment and prescribes a fine of 1,000 Australian dollars (AUD, the country’s official currency) ($681) for anyone found guilty of the offense. There were no official reports of sexual harassment. The Ministry of Employment and Human Resource is implementing a three-year Gender Access and Equality Plan to promote a zero-tolerance policy for sexual harassment in workplaces and training institutes.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilizations.

Discrimination: The law prohibits discrimination on the basis of gender in employment but not on other grounds (see section 7.d.), and there were no reports of government enforcing the law. Women have equal access to education. Property ownership rights are generally the same for men and women, but land inheritance laws are patrilineal, and sons often inherited more land than daughters. The citizenship law contains some discriminatory provisions. For example, the foreign wife of a male citizen acquires citizenship automatically through the marriage, but the foreign husband of a female citizen does not. Mothers cannot confer nationality to their children.

Birth Registration: Citizenship is acquired by birth in the country, unless the child acquires the citizenship of another country at birth through a noncitizen parent. Citizenship may also be acquired through the father. The law requires birth registration within 10 days.

Child Abuse: The law covers the care and protection of minors; the Ministry of Women, Youth, and Social Affairs is responsible for implementing the law. Child abuse, both physical and occasionally sexual, and often exacerbated by chronic alcohol abuse, continued to be a serious problem. The government developed curriculum and counseling guidelines for teachers to help students with abuse issues.

Early and Forced Marriage: The legal minimum age for marriage is 21, or 17 with the permission of a parent or guardian.

Sexual Exploitation of Children: The law prohibits the procurement of any girl younger than 18 for the purpose of prostitution and prohibits using a child of either gender younger than 15 for prostitution. In both cases the maximum penalty is two years in prison. The minimum age for consensual sex is 15. Sexual relations with a girl younger than 13 carry a maximum penalty of life imprisonment, and sexual relations with a girl ages 13 to 14 carry a maximum penalty of five years in prison. The victim’s consent is not a permissible defense under either provision; however, in the latter case, reasonable belief the victim was 15 or older is a permissible defense. While this provision applies only to female children, male-on-male sexual exploitation of children can be prosecuted under provisions against “unnatural” offenses (which cover both male and female victims) and as acts of “gross indecency between males,” with maximum penalties of 14 and five years in prison, respectively. The penal code has no specific provision concerning child pornography.

Anecdotal information from local government and nongovernment sources suggested that a small number of underage girls were among groups of women alleged to engage in commercial sex with crewmembers from foreign fishing vessels.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There is no permanent Jewish community, and there were no reports of anti-Semitic acts.

There were no confirmed reports during the year that the country was a source, destination, or transit country for victims of human trafficking.

There are no overall legal protections for persons with disabilities. The law prohibits discrimination in employment against persons with disabilities. It does not define disability but prescribes an AUD 1,000 ($681) fine for anyone found guilty of the offense, although the law was not enforced.

Public infrastructure and essential services did not meet the needs of persons with disabilities. Access to buildings, communications, and information for persons with disabilities is not mandated, and there were no specific accommodations for persons with disabilities.

Most children with disabilities did not have access to education. Seven schools in the outer islands, the teacher’s college, and the Ministry of Education headquarters were accessible for children and staff with physical disabilities.

The Ministry of Women, Youth, and Social Affairs is responsible for protecting the rights of persons with disabilities.

Consensual sexual conduct between men is illegal, with a maximum penalty of five to 14 years’ imprisonment depending on the nature of the offense, but there have been no reports of prosecutions under these provisions for many years. No law specifically prohibits discrimination on the basis of sexual orientation or gender identity in housing, employment, nationality laws, or access to government services such as health care.

There were no reports of investigations into violence and abuse against persons based on sexual orientation or gender identity, but social stigma and the inaccessibility of government services may prevent reporting of incidents of discrimination or violence based on sexual orientation or gender identity.

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, conduct strikes, and bargain collectively. The government did not control or restrict union activities; however, unions must register with the government. The law prohibits antiunion discrimination at the time of hiring and while employed but does not specifically provide for reinstatement of workers fired for union activity.

The government effectively enforced the laws. Penalties for violations include fines or imprisonment and were sufficient to deter violations. There were no reports of lengthy delays or appeal processes during dispute resolution.

The law allows for compulsory arbitration in a wider range of cases than generally allowed under international standards. Similarly, the definition of “essential services,” in which the right to strike is limited, includes a broader range of sectors than do international standards. The penalties for unlawful strikes in both essential and nonessential sectors include imprisonment and a fine and were sufficient to deter violations.

The government and the employers in practice respected freedom of association and the right to collective bargaining. The Kiribati Trade Union Congress claims 3,000 members, including unions and associations for nurses, teachers, fishermen, and seafarers.

In keeping with tradition, negotiations generally were nonconfrontational. There were no known collective-bargaining agreements and no instances reported of denial of the right to strike. There were no reports of antiunion discrimination.

b. Prohibition of Forced or Compulsory Labor

The constitution and laws prohibit most forms of forced or compulsory labor, with some exceptions regarding times of emergency or “calamity.” The law prescribes penalties of fines and imprisonment that are considered sufficient to deter violations. There were no reports forced labor.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children younger than 14 except in light work, and of children ages 14 to 18 in hazardous work. The law does not, however, specify what constitutes either light or hazardous work. Although the worst forms of child labor are generally prohibited–including the sale or trafficking of children; compulsory recruitment of children for use in armed conflict; use, procuring, or offering for prostitution; use, procuring, or offering of a child for illicit activities; and use, procuring, or offering of a child for the production or trafficking of illegal drugs–gaps exist within Kiribati’s legal framework. For example, the law does not specifically prohibit domestic trafficking of children. Penalties were insufficient to deter violations.

The Ministry of Employment and Human Resource conducted enforcement outreach efforts and established a mechanism for labor complaints, including child labor complaints. The government effectively enforced the law.

Child labor existed primarily in the informal economy. There were allegations of minors involved in sexual activity with foreign fishing crews, receiving cash, alcohol, food, or goods (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 in employment, and there were no formal reports of discrimination in employment and wages. Cultural barriers, however, sometimes impeded women from playing a more active role in the economy. Persons with disabilities faced discrimination in hiring and access to worksites.

e. Acceptable Conditions of Work

The national minimum wage for employees of local businesses and companies was lower than the minimum wage rate for employees of foreign funded projects. This wage was higher than the poverty income level, but most of the working population worked in the informal, subsistence economy. The Public Service Office sets wages in the public sector, which makes up approximately half the employment in the formal economy.

The law sets the workweek at 40 hours. The law provides for the possibility of paid annual holidays for all employees except casual workers and 12 weeks for maternity leave, but it leaves the determination up to individual employment contracts, which are then submitted to the Ministry of Employment and Human Resource for documentation. Workers in the public sector worked 36.25 hours per week, with overtime pay required for additional hours. No law or regulation governs the amount of overtime an employee may work.

The Ministry of Employment and Human Resource is responsible for enforcing occupational safety and health standards. Employers are liable for the expenses of workers injured on the job. By law workers may remove themselves from situations that endanger their health or safety without threat to their employment.

A lack of qualified personnel hampered the government’s ability to enforce employment laws. The ministry conducted labor inspections and did not receive any work-related injury complaints in the year to October. The government did not provide any information on penalties for noncompliance. Anecdotal information suggested that workers in the service and hospitality sector worked excessive hours.

Micronesia

Executive Summary

The Federated States of Micronesia is a constitutional republic composed of four states: Chuuk, Kosrae, Pohnpei, and Yap. Individual states enjoy significant autonomy, and their traditional leaders retain considerable influence, especially in Pohnpei and Yap. On March 5, national elections were held for the 14-seat unicameral Congress; 10 were elected in single-seat constituencies to two-year terms, and four (one per state) to four-year terms. Following the election, the Congress selected the new president, David W. Panuelo. Observers considered the election generally free and fair, and the transfer of power was uneventful.

The national police are responsible for enforcing national laws, and the Department of Justice oversees them. The four state police forces are responsible for law enforcement in their respective states and are under the control of the director of public safety for each state. Civilian authorities maintained effective control over national and state police forces.

Significant human rights issues included corruption in the government.

The government sometimes took steps to punish officials, but impunity was a problem, particularly for corruption.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression but does not refer specifically to speech or the press; however, 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.

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority.

There were no government restrictions on academic freedom or cultural events.

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.

Not applicable.

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.

Not applicable.

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.

Recent Elections: The March 5 election for 14 congressional legislators who serve either four- (the at-large member from each of the four states) or two-year terms was generally free and fair. Following the election, Congress selected David W. Panuelo as president from among the four at-large members who were eligible to serve as president.

Political Parties and Political Participation: There are no restrictions on the formation of political groups, but there were no significant efforts to organize political parties, and none existed. Candidates generally sought political support from family, allied clan groupings, and religious groups.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process; however, cultural factors in the male-dominated society limited women’s representation in government and politics. Women were well represented in the middle and lower ranks of government at both the federal and state level, but they were notably few in the upper ranks. At year’s end one woman held a cabinet-level position (postmaster general) and another woman served as consul general at the country’s consulate in Guam. There was one female associate justice on the national Supreme Court and one female associate justice on the Pohnpei State Supreme Court. The country’s first female ambassador served as permanent representative to the United Nations. There were four elected women in the Pohnpei State legislature. No women were elected in the March congressional election, and there were no female members of the other state legislatures.

The country is a multicultural federation, and both Congress and the executive branch included persons from various cultural backgrounds.

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, but some officials reportedly engaged in corrupt practices with impunity. There were numerous anecdotal reports of corruption.

Corruption: The Attorney General’s Office within the Department of Justice has primary responsibility for combating government corruption, including investigation and prosecution of individual cases. It operated somewhat independently. The office had sufficient resources, but observers said it allowed the Transnational Crime Unit (which investigates corruption) to deteriorate. The public auditor referred some corruption cases to the Department of Justice during the year.

On July 29, Master Halbert, an official in the Department of Transportation, Communications and Infrastructure (and the son-in-law of former president Peter Christian), was sentenced to 18 months in prison by a foreign court for his role in a money-laundering scheme involving bribes from a U.S. company to secure engineering and project management contracts from the Micronesian federal government. As of November the country itself, however, had not charged anybody involved in the scheme.

Financial Disclosure: No laws, regulations, or codes of conduct require income and asset disclosure by public officials.

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

Although there are no official restrictions, no local groups concerned themselves exclusively with human rights. Several groups addressed problems concerning the rights of women and children, and the government cooperated with these groups. There were active women’s associations throughout the country.

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

Rape and Domestic Violence: Sexual assault, including rape, is a crime. There is no specific law against spousal rape. Sexual assault involving a dangerous weapon or serious physical or psychological harm to the victim is punishable by a maximum nine years’ imprisonment in Chuuk and 10 years’ imprisonment in the other three states, and a maximum fine of $20,000 (the U.S. dollar is the national currency) in Kosrae and $10,000 in the other states. If neither a dangerous weapon nor serious physical harm is involved, the assault is punishable in all states by a maximum five years’ imprisonment and a fine. Due in part to social stigma, family pressure, fear of further assault, or the belief that police would not involve themselves in what is often seen as a private family matter, such crimes were underreported, and authorities prosecuted few cases. According to police and women’s groups, there were several reports of physical and sexual assaults against women, both citizens and foreigners, outside the family context.

Reports of domestic violence, often severe, continued during the year. Although assault is a crime, effective prosecution of offenses was rare. Pohnpei State police said they would not arrest anyone in a domestic violence scenario if the parents of both people involved in the altercation were present. The traditional extended family unit deemed violence, abuse, and neglect directed against spouses or children as offenses against the entire family, not just the individual victims, and addressed them by a complex system of familial sanctions. Traditional methods of coping with family discord were breaking down with increasing urbanization, monetization of the economy, and greater emphasis on the nuclear family in which victims were isolated from traditional family support. No institution, including police, has succeeded in replacing the extended family system or in addressing directly the problem of family violence.

There are no governmental facilities to provide shelter and support to women in abusive situations. The Pohnpei Department of Public Safety’s program of domestic violence included a hotline to handle domestic violence cases.

Sexual Harassment: The law does not prohibit sexual harassment, and anecdotal reports suggested it occurred.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Women have equal rights under the law, including the right to own property, and there were no institutional barriers to education or employment for women. The largest employers were the national and state governments, and they paid female employees equal pay for equal work. Societal discrimination against women continued, however, and cultural mores encouraged discriminatory treatment for women. Examples of discrimination against women included many instances of women being forced to stop their higher educational pursuits once they become pregnant. Women were also discouraged from returning to school once the child was born.

Birth Registration: A child acquires citizenship if at least one parent is a citizen. Individual states maintain birth records. Kosrae State requires registration within two weeks after a birth. In the other three states, registration takes place for hospital births, but on remote outer islands there are no hospitals, and authorities do not register children until and unless they come to a main island for education.

Education: By law education is free and compulsory for children from ages six through 14, or upon completion of eighth grade; however, many students left school before that.

Child Abuse: Child abuse is illegal, although the constitution provides for a right of parental discipline. Cultural attitudes regarding parental discipline limited reporting of abuse, and there were anecdotal reports of child abuse and neglect. The government made no efforts to combat child abuse or neglect. There were no shelters for child victims of domestic abuse. Traditional mediation usually involved agreement among male elders and provided no support for child victims.

Early and Forced Marriage: The minimum legal age for marriage is 18 for boys and 16 for girls; however, girls younger than age 18 require the consent of at least one parent or a guardian to marry.

Sexual Exploitation of Children: The law sets a maximum penalty of 30 years’ imprisonment and a $50,000 fine for child trafficking. The states’ statutory rape laws apply to children age 13 or younger in Yap and Kosrae, 15 or younger in Pohnpei, and 17 or younger in Chuuk. Maximum penalties vary by state. In Chuuk and Pohnpei, it is five years’ imprisonment and a $5,000 fine, while in Kosrae and Yap, it is 10 years’ imprisonment and a $20,000 fine. Only Pohnpei has a statute prohibiting child pornography. Both Chuuk and Pohnpei have provisions against filming explicit movies of underage children, but Yap and Kosrae have no such provisions. Both Chuuk and Pohnpei impose a penalty of six months’ imprisonment for violations. On March 6, a local taxi driver was convicted by the Supreme Court of delivering underage girls to men who forced them into paid sex.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There was no Jewish community, and there were no reports of anti-Semitic acts.

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

The law prohibits discrimination against persons with physical disabilities in public service employment. Neither laws nor regulations mandate accessibility to public buildings or services for persons with disabilities. No policies or programs provided access to information and communications for persons with disabilities.

By law students with disabilities have the right to separate education and training until they are age 21; however, there are no separate education facilities. The government provided children with disabilities, including learning disabilities, separate education in mainstream schools, and instruction at home if necessary and if foreign funding was available. Separate education programs faced difficulties serving all eligible children.

Due to a lack of facilities and community-based support services for treating persons with mental disabilities, the government housed some persons with mental disabilities but no criminal background in jails. Authorities continued to provide separate rooms in jails for persons with mental disabilities, and state health departments provided medication and other treatment free to all incarcerated persons with mental disabilities.

The Department of Health and Social Affairs is responsible for protecting the rights of persons with disabilities but did not provide significant services.

Each of the country’s four states has a different language and culture. Traditionally Yap State had a caste-like social system with high-status villages, each of which had an affiliated low-status village. In the past those who came from low-status villages worked without pay for those with higher status in exchange for care and protection by those of higher status. The traditional hierarchical social system has gradually broken down, and capable persons from low-status villages may rise to senior positions in society. Nonetheless, the traditional system affected contemporary life. Authorities sometimes continued to underserve low-status communities.

The national and state constitutions prohibit noncitizens from owning land, and foreign investment laws limit the types of businesses they can own and operate.

The law does not criminalize consensual same-sex sexual conduct between adults; nor does it prohibit discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. There were no reports of violence or discrimination against LGBTI persons. The culture stigmatized public acknowledgement or discussion of certain sexual matters, including sexual orientation and gender identity. Persons rarely publicly identified as LGBTI.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

Although the law does not specifically provide for the right of workers to join a union, under the constitution citizens have the right to form or join associations, and by law government employees can form associations to “present their views” to the government without being subject to coercion, discrimination, or reprisals. Citizens did not exercise this right. No law deals specifically with trade unions, the right to collective bargaining, or antiunion discrimination. There is no specific right to strike, but no law prohibits strikes.

Although the law does not prohibit workers, including foreign workers, from joining unions, there were no unions and most private-sector employment was in small-scale, family-owned businesses or in subsistence farming and fishing. No nongovernmental organizations focused on unions or labor issues.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government effectively enforced the law, although resources and inspections were minimal. The national antitrafficking law provides for penalties that were sufficient to deter violations. There were reports of foreign workers from Southeast Asian countries working in conditions indicative of human trafficking on Asian fishing vessels in the country or its territorial waters.

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

National and state laws do not establish a minimum age or prescribe limits on hours or occupations for employment of children. The law does not prohibit the worst forms of child labor. There was no employment of children for wages, but children often assisted their families in subsistence farming and family-owned shops. There were reports of children trafficked by family members for commercial sex, particularly to foreign fishermen and other seafarers.

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination based on race, gender, and religion. Labor law also prohibits discrimination based on race and gender. The law also provides protections for persons with disabilities, but they are limited in scope. The law does not provide for specific legal protections for age, citizenship, national origin, political opinion, sexual orientation, gender identity, or positive diagnosis of HIV/AIDS or other diseases. The government did not effectively enforce the law, and penalties were insufficient to deter violations.

There was no pattern of discrimination in most areas, although discrimination in employment and occupation occurred with respect to persons with disabilities. Traditional customs, especially in Yap State, limited professional opportunities for lower-status and outer-island persons. Women were underrepresented in all areas except in the service sector.

e. Acceptable Conditions of Work

The national minimum hourly wage for employment with the national government was above the official estimate for the poverty income level. There is no other minimum wage.

The law sets a standard of an eight-hour day and a five-day workweek, with premium pay for overtime. There are no legal provisions prohibiting excessive or compulsory overtime. A federal regulation requires that employers provide a safe workplace. Workers can remove themselves from situations that endangered health or safety without jeopardy to their employment.

The Division of Immigration and Labor within the Department of Justice is responsible for enforcing these standards. The number of labor inspectors was sufficient to deter violations. The tax system monitored the minimum wage effectively. The government generally was effective in its enforcement of these standards and provided sufficient resources for effective enforcement. Penalties were sufficient to deter violations.

Approximately one-half of workers were in the informal economy where the law does not apply, predominantly in subsistence agriculture and fishing. Working conditions aboard some foreign-owned fishing vessels operating in the country’s waters continued to be very poor. Crewmembers reported incidents of injuries, beatings by officers, and nonpayment of salaries.

Nauru

Executive Summary

Nauru is a constitutional republic. International observers deemed the August 24 parliamentary election to be generally free and fair. Parliament elected Lionel Aingimea, a former human rights lawyer and second-term member of parliament, as president.

The police force, under the Minister for Police and Emergency Services, maintains internal security and, as necessary, external security. The country has no military force. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included censorship and criminal libel laws, although there were no such cases during the year.

There were no reports that government officials committed egregious human rights abuses, and impunity was 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 expression, including for the press; however, the government owned all media and exercised editorial control over content.

Censorship or Content Restrictions: The government owned all media, giving it significant control over published and broadcast content.

Libel/Slander Laws: By law “unlawful vilification” and “criminal defamation” are punishable by a maximum three years’ imprisonment. There were no reports of arrests for breach of the law, although critics contended these offenses could inhibit free speech.

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. In January 2018 the government lifted restrictions it had used previously to block Facebook.

There were no government restrictions on academic freedom or cultural events.

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

Neither the constitution nor the law specifically provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government generally respected these rights for its citizens.

Not applicable.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: As of November there were no people housed at the Australian government’s Regional Processing Centre in the country (used to house people seeking refuge or asylum in Australia). The Australian government has been criticized for poor conditions there. The government cooperated with the Office of the UN High Commissioner for Refugees 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 provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. The law includes a provision for nonrefoulement.

Durable Solutions: The government grants five-year visas to asylum seekers after they receive refugee determination.

Not applicable.

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.

Recent Elections: International observers considered the most recent parliamentary election, held August 24, to be generally free and fair. Opposition figures alleged, however, that some changes made to the election law prior to the polls disadvantaged nongovernment candidates. The opposition also criticized President Baron Waqa for his announcement, on the eve of the election, of payouts of up to 10,000 Australian dollars ($6,700) to 734 Nauruans impacted by the collapse of the Bank of Nauru in 2006. The opposition claimed this was designed to shore up support for Waqa in the election. Critics also accused the Waqa government of misconduct after it approved citizenship for 118 people weeks before the election, automatically qualifying the new citizens to vote.

The 19-member parliament elected Lionel Aingimea, a former human rights lawyer and second-term member of parliament, as president.

Political Parties and Political Participation: Although political parties have the legal right to operate without outside interference, there were no formal parties.

In May former president Sprent Dabwido, who was part of a group of 19 people still facing trial for their role in a 2015 political protest outside the Nauru parliament, died in Australia. Prior to this while seeking cancer treatment in Australia, Dabwido said the government withheld his passport preventing timely travel and denied him access to a government-funded overseas medical treatment program for his condition, claims the government denied.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate; however, participation by women was significantly less than by men. Two of the five women who ran in the August 24 general election were elected to the 19-person parliament.

The country has a small and almost entirely homogenous Micronesian population. There were no members of minorities in parliament or the cabinet.

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.

Corruption: There were no new reports of government corruption, although opposition politicians said corruption remained a problem, repeating earlier allegations the government misused funds provided by a foreign government for refugee resettlement in Nauru.

Financial Disclosure: There are no income and asset disclosure laws for appointed or elected officials.

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

The government did not restrict the establishment or operation of local human rights organizations, but no such groups existed. No international human rights organizations maintained offices in the country.

Government Human Rights Bodies: The Department of Justice had a Human Rights Section staffed by a human rights adviser, two human rights officers, and a liaison officer from the secretariat of the Pacific Community’s Regional Rights Resource Team. The section was generally effective.

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

Rape and Domestic Violence: Rape is a crime and carries a maximum penalty of 25 years’ imprisonment. The law specifically applies penalties for rape of married and de facto partners. Police are required to investigate all reported rape cases. They generally did so, and the courts prosecuted cases. Observers said many instances of rape and sexual abuse went unreported. The law does not address domestic violence specifically, but authorities prosecuted domestic violence cases under laws against common assault. The maximum penalty for simple assault is one year’s imprisonment. The maximum penalty for assault involving bodily harm is three years’ imprisonment.

Both police and judiciary treated major incidents and unresolved family disputes seriously.

Human Rights Watch reported that female refugees faced sexual assault and sexual harassment, yet such cases often were not reported to police.

The government did not maintain statistics on the physical or domestic abuse of women, but police officials stated they received frequent complaints of domestic violence. Families normally sought to reconcile such problems informally and, if necessary, communally.

Sexual Harassment: There is no specific law against sexual harassment, but authorities could and did prosecute harassment involving physical assault under assault laws.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law provides the same legal status and rights for women and men, including under family, religious, labor, property, nationality, and inheritance laws. Discrimination in employment and wages occurred with respect to women (see section 7.d.).

Birth Registration: Children derive citizenship if one of their parents is a citizen. The constitution also provides for acquisition of citizenship by birth in the country in cases in which the person would otherwise be stateless. The law requires registration of births within 21 days to receive citizenship, and families generally complied with the law.

Child Abuse: The government does not maintain data on child abuse, but it remained a problem, according to civil society groups. The law establishes comprehensive measures, including mandatory reporting, to protect children from child abuse.

Early and Forced Marriage: The law prohibits marriage by persons younger than age 18.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, offering or procuring a child for child prostitution, and practices related to child pornography. The minimum age for consensual sex is 16. There are standardized penalties for sexual exploitation of children; intentional sexual intercourse with a child younger than age 16 is punishable by 25 years’ imprisonment. Sexual intercourse with a child younger than age 13 carries a penalty of life imprisonment.

The law establishes penalties for taking images of children’s private acts and genitalia. If the child is younger than age 16, the maximum penalty is 10 years’ imprisonment, and if younger than age 13, 15 years’ imprisonment. The same law prescribes even tougher penalties for involving children to produce pornographic material. The maximum penalty if the child is younger than age 16 is 15 years’ imprisonment and 20 years’ imprisonment if the child is younger than age 13. The cybercrime law outlaws the electronic publication and transmission of child pornography.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The country does not have a Jewish community, and there were no reports of anti-Semitic acts.

There were no confirmed reports during the year that Nauru was a source, destination, or transit country for victims of human trafficking.

The law does not specifically prohibit discrimination against persons with disabilities. No legislation mandates services for persons with disabilities or access to public buildings. Although the government has installed mobility ramps in some public buildings, many buildings were not accessible. The Department of Education has a special education adviser who is responsible for education for students with disabilities and teachers provided classes for a small group of students with disabilities.

The Department of Justice is responsible for protecting the rights of persons with disabilities. The law grants some legal protections for persons with mental disabilities. There were no reports of discrimination against persons with disabilities in employment, but social stigma likely led to decreased opportunities for employment.

The law does not prohibit discrimination based on sexual orientation or gender identity. The law does not specifically cite sexual orientation, but it could be used to aid in the prosecution of bias-motivated crimes against lesbian, gay, bisexual, transgender, and intersex persons. There were isolated reports of violence against persons based on sexual orientation and gender identity.

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 trade unions or other associations. It restricts freedom of association for police. While the right to strike is neither protected nor prohibited by law, a civil servant may not foment or take part in a strike and may be summarily dismissed if found guilty of organizing a strike. The law does not specifically provide for the right of workers to bargain collectively, but it does not prohibit it. The law does not prohibit antiunion discrimination, and there is no legal right to reinstatement for dismissal due to union activity; however, workers may seek redress through the civil court system.

The government effectively enforced the law. Penalties for violations include fines, which were adequate to deter violations.

The country lacks formal trade unions. The transient nature of the mostly foreign workforce hampered efforts to organize trade unions.

b. Prohibition of Forced or Compulsory Labor

The constitution prohibits all forms of forced or compulsory labor. In general the government did not effectively enforce the law. The law does not stipulate penalties. Civil courts handle cases of forced labor. There were no reports such practices occurred.

c. Prohibition of Child Labor and Minimum Age for Employment

The worst forms of child labor were not prohibited. The law sets the minimum age of employment at 16. No regulations govern type of work, occupation, or hours for workers younger than age 18, nor do they identify hazardous occupations. The Department of Human Resources and Labor is responsible for enforcing the law. The government enforced the law in the public sector but did not conduct any workplace inspections of private businesses.

The only two significant employers–the government and the phosphate industry–respected minimum age restrictions. There were reports some children younger than age 17 worked in small family-owned businesses.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations do not prohibit discrimination in respect of employment and occupation. The law requires that public servants receive equal pay for work of equal value and provides for an entitlement to maternity leave after a woman has completed six months of employment. Women working in the private sector do not have a similar entitlement.

Discrimination against women in employment and wages occurred. Societal pressures and the country’s general poverty limited opportunities for women. While women headed approximately one-third of all households, less than one-quarter of heads of households engaged in paid work were female.

Overall, 70 percent of male heads of household and 40 percent of female heads of household were economically active in either paid or unpaid work, according to the Secretariat of the Pacific Community. There were no reports the government took any specific action to prevent employment discrimination.

e. Acceptable Conditions of Work

The minimum starting salary for public-sector employees is above the poverty level. There is no minimum salary for the private sector; approximately 26 percent of the population lived at the subsistence level.

Public-service regulations govern salaries, working hours, vacation periods, and other employment matters for government workers, who constituted more than 90 percent of salaried workers. The government has a graduated salary system for public-service officers and employees.

There is no limit to the maximum number of accumulated overtime hours and no prohibition on excessive or compulsory overtime for workers in the public sector. There are no specific regulations that govern overtime or overtime pay for private-sector workers.

Although the government sets some health and safety standards, they do not have the force of law. The law does not provide workers the right to remove themselves from a hazardous workplace without jeopardizing their employment.

The Department of Human Resources and Labor enforced labor laws in the public sector. The law allows the ministry the right to inspect a workplace at any time. Authorities can charge an employer with a criminal offense if found to be in violation of the labor law or the provisions of an employment contract, which was sufficient to deter violations. The number of inspectors was insufficient to deter violations.

With the decline of the phosphate industry, enforcement of workplace health and safety requirements continued to be lax.

Palau

Executive Summary

Palau is a constitutional republic with the national government consisting of executive, legislative, and judicial branches that are independent of each other. Voters elect the president, vice president, and members of the legislature for four-year terms. In 2016 voters re-elected President Tommy E. Remengesau Jr. for a four-year term in a generally free and fair election.

The national police and marine police are responsible for law enforcement and maintenance of order; both report to the Ministry of Justice. Civilian authorities maintained effective control over the security forces.

There were no reports of significant human rights issues.

The government took steps to investigate and prosecute officials who committed abuses such as corruption.

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.

The government did not restrict or disrupt access to the internet or censor online content, and there no credible reports that the government monitored private online communication without the appropriate legal authority.

There were no government restrictions on academic freedom or cultural events.

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 movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

Not applicable.

f. Protection of Refugees

Access to Asylum: The law does not provide for granting asylum or refugee status. The government provided some protection against expulsion or return of refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion.

Not applicable.

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.

Recent Elections: In 2016 voters re-elected President Tommy E. Remengesau Jr. as president and elected Raynold Oilouch vice president in a generally free and fair election.

Participation of Women and Minorities: No laws prohibit or limit the participation of women or members of minorities in the political process and they did participate. In 2016 two women were elected to the 13-member Senate, and two women were elected to the 16-seat House of Delegates. There were two women in the seven-member cabinet, the ministers of state and of community and cultural affairs.

Section 4. Corruption and Lack of Transparency in Government

Government corruption was a problem, and the government took some steps to address it. The law provides criminal penalties for corruption by officials. The Office of the Special Prosecutor, an independent entity, is authorized to prosecute any corruption in the government.

Corruption: As of November the special prosecutor has three continuing investigations into cases of government corruption. In July the governor of Ngiwal State, Ellender Ngirameketii (son-in-law of former interim president Thomas Remengesau Sr.), was arrested and charged with misconduct in office and falsifying financial disclosure statements, understating payments for security services provided by his company to the government.

Financial Disclosure: The government requires elected and some appointed public officials to file annual financial disclosure statements; candidates for office must file a similar statement with the Ethics Commission. These statements are available for public inspection. There are administrative and criminal sanctions for noncompliance.

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 cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the President has an Office of the Ombudsman to which any citizen may complain. The government held numerous meetings and training sessions on human rights topics during the year. The special prosecutor held outreach sessions in hamlets throughout the country to inform community members of their right to complain to her office anonymously. She also created a web site for citizens to lodge complaints, which has received complaints that have been investigated.

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

Rape and Domestic Violence: Rape, including spousal rape, is a crime punishable by a maximum of 25 years’ imprisonment, a fine of $50,000 (the country uses the U.S. dollar as its currency), or both. Domestic violence is a criminal offense. The law is enforced when police respond to calls of domestic violence; however, many persons are reluctant to call police in these situations due to societal pressure. A nongovernmental organization (NGO), “Semesemel Klengeakel Organizations” (Strengthening Family) helped families at high risk of domestic violence with counselling sessions and services, working closely with the Ministries of Justice and Health.

Sexual Harassment: Sexual harassment is illegal and punishable by a maximum of one year’s imprisonment, a $1,000 fine, or both.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law provides the same legal status and rights for women and men. The inheritance of property and of traditional rank, however, is matrilineal. There were no reports of unequal pay for equal work or gender-related job discrimination. The government generally enforced the law effectively.

Birth Registration: At least one parent must be a citizen of the country in order to transmit citizenship to a child. Birth registration occurs immediately, and there were no reports of failure to register. Authorities register a child born to foreign national parents as a citizen of the parents’ countries.

Early and Forced Marriage: There is no minimum age for marriage between two citizens. The minimum age for marriage between a citizen and a noncitizen is 18 for a man and 16 for a woman, and women younger than 18 must obtain parental permission. Underage marriage was not common.

Sexual Exploitation of Children: The law does not explicitly prohibit child pornography, but it does prohibit the commercial sexual exploitation of children, and the law was enforced. The age of consensual sex is 17. Sexual assault of a minor younger than age 15 is a felony and is subject to a maximum imprisonment of 25 years, a $50,000 fine, or both. Child sexual abuse is a felony with fines up to $50,000, imprisonment for up to 25 years, or both.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-ChildAbduction/for-providers/legal-reports-and-data/reported-cases.html.

There were reportedly fewer than 20 persons in the Jewish community. There were no reports of anti-Semitic acts.

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

The constitution and law prohibit discrimination against persons with physical or mental disabilities. The law covers persons with mental and physical disabilities, and the government enforced these acts. The law includes a provision for limited access to government buildings for persons with disabilities, and the government generally enforced this provision. Most public schools had programs to address the education needs of students with disabilities that included mainstreaming them with other students.

The law prohibits noncitizens from purchasing land, and there are no provisions for naturalization. Some foreign nationals experienced discrimination in employment (see section 7.d.), pay, housing, education, and access to social services, although the law prohibits such discrimination. Authorities did not pursue or prosecute crimes committed against noncitizens with the same vigor as crimes against citizens.

No laws addressed sexual orientation and gender identity. There were no reports of violence or discrimination based on sexual orientation or gender identity.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of all persons to assemble peacefully and to associate with others for any lawful purpose, including to join and organize labor unions and to bargain collectively; no laws regulate trade union organization. The law neither provides for nor prohibits the right to strike, and the government has not addressed this issue. There is no law concerning antiunion discrimination. The government enforced the laws, and penalties were sufficient to deter violations.

There were no active labor unions or other employee organizations. The majority of businesses were small-scale, family-run enterprises employing relatives and friends.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties for forced labor offenses include imprisonment and fines, which were sufficient to deter violations. The Office of the Attorney General, the Bureau of Public Safety, and the Bureau of Labor and Human Resources (all within the Ministry of Justice) are responsible for enforcing the law. The government did not effectively enforce the law.

There were reports employers forced some foreign workers, particularly domestic helpers, unskilled construction laborers, and workers in the tourism industry, to accept jobs different from those for which they had signed contracts and to accept less pay than stipulated in the contract. There were also reports of fraudulent recruitment onto fishing boats, with fishermen subsequently facing conditions indicative of forced labor. Employers sometimes verbally threatened, or withheld passports and return tickets from, foreign workers seeking to leave unfavorable work situations.

Abuses most commonly reported included misrepresentation of contract terms and conditions of employment, withholding of pay or benefits, and substandard food and housing. There were also complaints of physical abuse. In several cases local authorities took corrective action when alerted by social service and religious organizations.

See also 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 of employment for citizens is 16, and the minimum age for noncitizens is 21, excluding entertainers applying for temporary identification certificates. The law prohibits all of the worst forms of child labor. The law requires the government to protect children from exploitation. The Bureau of Labor and Human Resources is responsible for enforcing child labor laws and regulations. The government effectively enforced the law, and the penalties were adequate to deter violations.

There were no reports children worked in the formal economy, but some assisted their families with fishing, agriculture, and small-scale family enterprises.

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination with respect to employment or occupation based on race, sex, marital status, place of origin, religion, disabilities, or political grounds. The law protects women from job discrimination and provides for equal pay for equal work. The Bureau of Aging and Gender, under the Ministry of Community and Cultural Affairs, promotes workplace gender equality. The law does not prohibit discrimination with respect to employment or occupation based on sexual orientation or gender identity, or HIV or other communicable disease status. There were no formal or documented reports of employment discrimination.

The government effectively enforced these laws. The Office of the Attorney General and the Bureau of Labor and Human Resources handle cases of workplace discrimination against foreign workers.

e. Acceptable Conditions of Work

The minimum wage (which applies only to citizens) is above the poverty line. The minimum wage does not apply to the informal sector, including, for example, domestic service, some categories of agricultural labor, and NGO work. It also does not apply to foreign workers, employees who are students, or temporary or probationary work by students and persons younger than 21.

The Bureau of Labor and Human Resources has established some regulations about conditions of employment for foreign workers, who are entitled to one day off per week, consisting of 10 continuous hours without working between 6 a.m. and 6 p.m. The bureau may inspect the conditions of the workplace and employer-provided housing on the specific complaint of an employee, but enforcement was inconsistent, and working conditions varied. There were continuing reports of the mistreatment of foreign workers by their employers. The foreign workers most likely to be abused were those who worked under contracts as domestic helpers, farmers, waitresses, cashiers, beauticians, hostesses in karaoke bars and massage parlors, construction workers, and other semiskilled workers, the majority of whom were from the Philippines, China, Bangladesh, Japan, and the Republic of Korea.

Although the law states that employers shall adopt reasonable and adequate occupational safety and health rules, no law protects workers who file complaints about hazardous conditions. Foreign workers may self-censor complaints due to fear they could lose their job if they removed themselves from situations that endangered health or safety.

The Division of Labor had seven labor inspectors responsible for enforcing minimum wage laws, regulations regarding working conditions of foreign employees, and safety standards. The government did not effectively enforce the law. The number of inspectors was insufficient to enforce compliance. According to the law, employers are subject to a civil penalty for noncompliance with minimum wage requirements, in addition to the amount of taxes, social security contributions, and interest on unpaid wages. Penalties for violations of acceptable conditions of work rules include a range of monetary fines per violation and imprisonment, which were not sufficient to deter violations.

Investigations by an Immigration and Labor Monitoring Task Force resulted in the departure of some workers who had overstayed their visas, were working without permits, or were involved in unsolvable disagreements with their employer. The Division of Labor established an amnesty period for foreign workers lacking proper documentation to come forward and receive appropriate documentation. Approximately 50 workers took advantage of this option during the year.

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The Lessons of 1989: Freedom and Our Future