a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were numerous reports the government committed arbitrary and unlawful killings.

Defector reports noted instances in which the government executed political prisoners, opponents of the government, forcibly returned asylum seekers, government officials, and others accused of crimes. The law prescribes the death penalty for the most “serious” or “grave” cases of “antistate” or “antination” crimes, which include: participation in a coup or plotting to overthrow the state; acts of terrorism for an antistate purpose; treason, which includes defection or handing over of state secrets, broadly interpreted to include providing information about economic, social, and political developments routinely published elsewhere; suppression of the people’s movement for national liberation; and “treacherous destruction.” Additionally, the law allows for capital punishment in less serious crimes such as theft, destruction of military facilities and national assets, fraud, kidnapping, distribution of pornography, and trafficking in persons. The government reportedly executed individuals for sleeping during patriotic events. Defectors also reported that the government carried out infanticide in cases of political prisoners, persons with disabilities, and where the mother was repatriated from China.

NGOs and press reports indicated that border guards had orders to shoot to kill individuals leaving the country without permission, and prison guards were under orders to shoot to kill those attempting to escape from political prison camps.

In February the Republic of Korea (ROK or South Korea) press reported that DPRK authorities executed five Ministry of State Security officials in a political purge.

It was widely reported that, on February 13, two women, working on behalf of the government, assassinated Kim Jong Nam, Kim Jong Un’s half-brother, at Kuala Lumpur International Airport using VX nerve agent, a chemical weapon banned under the 1992 Chemical Weapons Convention.

The state also subjected private citizens to public executions. According to the Institute for National Security Strategy, the state held 340 public executions from 2012 to 2016, including executions of 140 government officials between 2013 and 2016. A 2016 survey found that 64 percent of defectors had witnessed public executions.

During the year a defector reported being pulled from school to witness the public execution of 11 musicians accused of making a pornographic video. The defector described a brutal process including antiaircraft artillery, used to kill the prisoners, and tanks, which were used to run over the bodies postmortem.

b. Disappearance

NGO, think tank, and press reports indicated the government was responsible for disappearances.

During the year there was no progress in the investigation into the whereabouts of 12 Japanese citizens believed to have been abducted by the DPRK. The DPRK suspended bilateral negotiations on the abductions issue in 2015, citing Japan’s move to raise the issue in a UN Human Rights Council resolution.

ROK government and media reports noted the DPRK also kidnapped other foreign nationals from locations abroad in the 1970s and 1980s. The DPRK continued to deny its involvement in the kidnappings. The ROK Ministry of Unification reported that an estimated 517 of its civilians, abducted or detained by DPRK authorities since the end of the Korean War, remained in the DPRK. South Korean NGOs estimated that during the Korean War the DPRK abducted 20,000 civilians who remained in the North or who had died.

According to The Committee for Human Rights in North Korea (HRNK), the state closed Hoeryong kwanliso (Camp 22) in late 2012 and demolished the Sirmchon/Kumchon-ri zone with Yodok kwanliso (Camp 15) in late 2014. The whereabouts of the former prisoners of these facilities remained unknown. During the year South Korean media reported that DPRK Ministry of State Security agents were dispatched to cities near the DPRK border in China to kidnap and forcibly return refugees. According to international press reports, North Korea may have also kidnapped defectors who relocated to South Korea and then were on travel in China. In some cases North Korea reportedly forced these defectors’ family members to encourage the defectors to return to China in order to capture them.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The penal code prohibits torture or inhuman treatment, but many sources reported these practices continued. Numerous defector accounts and NGO reports described the use of torture by authorities in several detention facilities. Methods of torture and other abuse reportedly included severe beatings; electric shock; prolonged periods of exposure to the elements; humiliations such as public nakedness; confinement for up to several weeks in small “punishment cells” in which prisoners were unable to stand upright or lie down; being forced to kneel or sit immobilized for long periods; being hung by the wrists; water torture; and being forced to stand up and sit down to the point of collapse, including “pumps,” or being forced to repeatedly squat and stand with the person’s hands behind their back. Mothers were in some cases reportedly forced to watch the infanticide of their newborn infants. Defectors continued to report many prisoners died from torture, disease, starvation, exposure to the elements, or a combination of these causes.

The White Paper on Human Rights in North Korea, published by the Korea Institute for National Unification (KINU), a South Korean government-affiliated think tank, and the 2014 UN Commission of Inquiry (COI) report stated that officials had in some cases prohibited live births in prison and ordered forced abortions as recently as 2013. Detainees in re-education through labor camps reported the state forced them to perform difficult physical labor under harsh conditions (see section 7.b.).

The KINU white paper found that, in some cases of live birth, the prison guards killed the infant or left the baby to die, and it reported cases of guards sexually abusing or exploiting female prisoners.

Prison and Detention Center Conditions

NGO, defector, and press reports noted there were several types of prisons, detention centers, and camps, including forced labor camps and separate camps for political prisoners. NGO reports documented six types of detention facilities: kwanliso (political penal-labor camps), kyohwaso (correctional or re-education centers), kyoyangso (labor-reform centers), jipkyulso (collection centers for low-level criminals), rodong danryeondae (labor-training centers), and kuryujang or kamok (interrogation facilities or jails). According to the 2017 KINU white paper, the Ministry of State Security administered kwanliso camps and either it or the Ministry of People’s Security administered the other detention centers.

There were reportedly between 5,000 and 50,000 prisoners per kwanliso. Defectors claimed the kwanliso camps contained unmarked graves, barracks, worksites, and other prison facilities. NGOs reported the existence of five kwanliso facilities, including Gaecheon (Camp 14), Hwaseong/Myeonggan (Camp 16), Pukchang (Camp 18), and Cheongjin (Camp 25). During the year reports continued to indicate that areas of Yodok (Camp 15) in South Hamkyung Province were closed or operating at a reduced capacity.

Kwanliso camps consist of total control zones, where incarceration is for life, and “rerevolutionizing zones,” from which prisoners may be released. Reports indicated the state typically sent those sentenced to prison for nonpolitical crimes to re-education prisons where authorities subjected prisoners to intense forced labor. Those the state considered hostile to the government or who committed political crimes reportedly received indefinite sentencing terms in political prison camps. In many cases the state also detained all family members if one member was accused or arrested. The government continued to deny the existence of political prison camps.

Reports indicated conditions in the prison camp and detention system were harsh and life threatening and that systematic and severe human rights abuse occurred. Defectors noted they did not expect many prisoners in political prison camps and the detention system to survive. Detainees and prisoners consistently reported violence and torture. Defectors described witnessing public executions in political prison camps. According to defectors, prisoners received little to no food or medical care in some places of detention. Sanitation was poor, and former labor camp inmates reported they had no changes of clothing during their incarceration and were rarely able to bathe or wash their clothing. The South Korean and international press reported that the kyohwaso held populations of up to thousands of political prisoners, economic criminals, and ordinary criminals.

Both the kyohwaso re-education camps and kwanliso prison camps host extremely brutal conditions, according to HRNK’s 2016 report North Korea: Kyohwaso No. 12, Jongori. The report noted, “The brutality affects both those convicted of actual offenses and those sentenced for essentially political offenses.”

According to the Hidden Gulag IV report, since late 2008 Jongori (formerly referred to as Camp 12) in North Hamkyung Province was expanded to include a women’s annex, which held approximately 1,000 women, most of whom the state imprisoned after forcibly returning them from China. Satellite imagery and defector testimony corroborated the existence of this women’s annex. Defector testimony also cited food rations below subsistence levels, forced labor, and high rates of death due to starvation at Jongori.

According to HRNK’s 2016 report North Korea: Flooding at Kyohwaso No. 12, Jongori, the kyohwaso or re-education center No. 12, Jongori is located approximately 300 miles northeast of Pyongyang and 15 miles south of Hoeryong City. The report estimated the prison population at kyohwaso No. 12 had ranged from 1,300 in the late 1990s to approximately 5,000 in recent years.

Physical Conditions: Estimates of the total number of prisoners and detainees in the prison and detention system ranged between 80,000 and 120,000. Physical abuse by prison guards was systematic. Anecdotal reports from the NGO Database Center for North Korean Human Rights and the 2014 COI report stated that in some prisons authorities held women in separate units from men and often subjected the women to sexual abuse. The COI report added, “Cases of rape are a direct consequence of the impunity and unchecked power that prison guards and other officials enjoy.”

There were no statistics available regarding deaths in custody, but defectors reported deaths were commonplace as the result of summary executions, torture, lack of adequate medical care, and starvation. The COI report cited “extremely high rate of deaths in custody,” due to starvation and neglect, arduous forced labor, disease, and executions.

Defectors also reported that in Camp 14, prisoners worked 12 hours a day during the summer and 10 hours a day during the winter, with one day off a month. The camps observed New Year’s Day and the birthdays of Kim Il Sung and Kim Jong Il. Children age 12 or older worked, and guards gave light duty to prisoners over 65 years of age. According to HRNK report Gulag, Inc., three political prison camps and four re-education camps contained mines where prisoners worked long hours with frequent deadly accidents. One prisoner reported suffering an open foot fracture and being forced to return to the mine the same day. Prisoners provided supervision over other prisoners and worked even when they were sick. Prisoners who failed to meet work quotas reportedly faced reduced meals and violence. Those caught stealing faced arbitrary and serious violence.

NGO and press reports estimated there were between 182 and 490 detention facilities in the country.

By law the state dismisses criminal cases against a person under age 14. The state applies public education in case of a crime committed by a person above age 14 and under age 17, but little information was available regarding how the law was actually applied. Authorities often detained juveniles along with their families and reportedly subjected them to torture and abuse in detention facilities.

Administration: There was little evidence to suggest prisoners and detainees had reasonable access to visitors. In past years refugees reported authorities subjected Christian inmates to harsher punishment if the prisoners made their faith public, but no information was available regarding religious observance. No information was available on whether authorities conducted proper investigations of credible allegations of abuse.

Independent Monitoring: There was no publicly available information on whether the government investigated or monitored prison and detention conditions. The 2015 HRNK Imagery Analysis of Camp 15 noted officials, especially those within the Korean People’s Army and the internal security organizations, clearly understand the importance of implementing camouflage, concealment, and deception procedures to mask their operations and intentions. The government did not allow the UN special rapporteur on the human rights situation in the DPRK into the country to assess prison conditions. The government did not permit other human rights monitors to inspect prisons and detention facilities.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but reports pointed out that the government did not observe these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The internal security apparatus includes the Ministries of People’s Security, State Security, and the Military Security Command. Impunity was pervasive. The security forces did not investigate possible security force abuses. The government did not take action to reform the security forces. In February the ROK Ministry of Unification announced that DPRK Minister of State Security Kim Won Hong was removed from his position after reports of human rights abuses in his ministry, but it remained unclear whether his dismissal was for that reason or merely part of a reorganization of leadership. These organizations all played a role in the surveillance of citizens, maintaining arresting power, and conducting special purpose nonmilitary investigations. A systematic and intentional overlap of powers and responsibilities existed between these organizations. Kim Jong Un continued to enforce this overlap to prevent any potential subordinate consolidation of power and assure that each unit provides a check and balance on the other.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Revisions to the criminal code and the criminal procedure code in 2004, 2005, and 2009 added shortened periods of detention during prosecution and trial, arrest by warrant, and prohibition of collecting evidence by forced confessions. Confirmation that the state applied these changes has not been verified.

Members of the security forces arrested and reportedly transported citizens suspected of committing political crimes to prison camps without trial. According to a South Korean NGO, beginning in 2008, the Ministry of People’s Security received authorization to handle criminal cases directly without the approval of prosecutors. Prosecutorial corruption reportedly necessitated the change. An NGO reported that investigators could detain an individual for the purpose of investigation for up to two months. No functioning bail system or other alternatives for considering release pending trial exists.

There were no restrictions on the government’s ability to detain and imprison persons at will or to hold them incommunicado. Family members and other concerned persons reportedly found it virtually impossible to obtain information on charges against detained persons or the lengths of their sentences. Judicial review or appeals of detentions did not exist in law or practice. According to an opinion adopted in 2015 by the UN Working Group on Arbitrary Detention, family members have no recourse to petition for the release of detainees accused of political crimes, as the state may deem any such advocacy for political prisoners an act of treason against the state. No known information on a bail system and no information on detainees receiving a lawyer was available.

Arbitrary Arrest: Arbitrary arrests reportedly occurred.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: According to defectors there was no mechanism for persons to challenge the lawfulness of detention before a court.

e. Denial of Fair Public Trial

The constitution states courts are independent and that courts will carry out judicial proceedings in strict accordance with the law; however, an independent judiciary does not exist. According to the 2017 KINU white paper, there were many reports of bribery and corruption in the investigations or preliminary examination process and in detention facilities, as well as by judges and prosecutors in the trial stage.

TRIAL PROCEDURES

Little information was available on formal criminal justice procedures and practices, and outside access to the legal system was limited to trials for traffic violations and other minor offenses.

The constitution contains elaborate procedural protections, providing that cases should be public, except under circumstances stipulated by law. The constitution also states that the accused has the right to a defense, and when the government held trials, they reportedly assigned lawyers. Some reports noted a distinction between those accused of political, as opposed to nonpolitical, crimes and claimed that the government offered trials and lawyers only to the latter. The Ministry of State Security (MSS) conducted “pretrials” or preliminary examinations in all political cases, but the court system conducted the trial. Some defectors testified that the MSS also conducted trials. There was no indication that independent, nongovernmental defense lawyers existed. According to the 2013 Hidden Gulag report, most inmates were sent to prison camps without trial, without knowing the charges against them and without having legal counsel. There were no indications authorities respected the presumption of innocence. According to the UN COI report, “the vast majority of inmates are victims of arbitrary detention, since they are imprisoned without trial or on the basis of a trial that fails to respect the due process and fair trial guarantees set out in international law.”

POLITICAL PRISONERS AND DETAINEES

While the total number of political prisoners and detainees remained unknown, the 2017 KINU white paper reported the state detained between 80,000 and 120,000 in the kwanliso. Guards held political prisoners separately from other detainees. NGOs and media reported political prisoners were subject to harsher punishments and fewer protections than other prisoners and detainees. The government considered critics of the regime to be political criminals. The government did not permit access to persons by international humanitarian organizations or religious organizations resident in China. Reports from past years described political offenses as including attempting to defect to South Korea, sitting on newspapers bearing Kim Il Sung’s or Kim Jong Il’s picture, mentioning Kim Il Sung’s limited formal education, or defacing photographs of the Kims. The UN COI report noted that many “ordinary” prisoners are, in fact, political prisoners, “detained without a substantive reason compatible with international law.”

CIVIL JUDICIAL PROCEDURES AND REMEDIES

According to the constitution, “citizens are entitled to submit complaints and petitions. The state shall fairly investigate and deal with complaints and petitions as fixed by law.” Under the Law on Complaint and Petition, citizens are entitled to submit complaints to stop encroachment upon their rights and interests or seek compensation for the encroached rights and interests. Reports noted government officials did not respect these rights. Individuals and organizations do not have the ability to appeal adverse domestic decisions to regional human rights bodies.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution provides for the inviolability of person and residence and the privacy of correspondence; however, the government did not respect these provisions. The regime subjected its citizens to rigid controls. The regime reportedly relied upon a massive, multilevel system of informants to identify those it sees as critics. Authorities sometimes subjected entire communities to security checks, entering homes without judicial authorization.

The government appeared to monitor correspondence, telephone conversations, emails, text messages, and other digital communications. Private telephone lines operated on a system that precluded making or receiving international calls; international telephone lines were available only under restricted circumstances.

A 2015 survey conducted by InterMedia found that 28 percent of respondents (recent defectors and North Korean businesspersons in China) had owned a domestic cell phone in North Korea. Citizens must go through a lengthy bureaucratic process to obtain a mobile phone legally, and authorities strictly monitored mobile phone use. Additionally, 14 percent of defectors reported owning a Chinese mobile phone. DPRK authorities frequently jammed cellular phone signals along the China-DPRK border to block the use of the Chinese cell network to make international phone calls. The Ministry of State Security reportedly engaged in real-time surveillance of mobile phone communications. Authorities arrested those caught using such cell phones with Chinese SIM cards and required violators to pay a fine or face charges of espionage or other crimes with harsh punishments, including lengthy prison terms. Testimonies recorded by NGOs indicated prisoners could avoid punishment through bribery of DPRK officials.

The government divided citizens into strict loyalty-based classes known as “songbun,” which determined access to employment, higher education, place of residence, medical facilities, certain stores, marriage prospects, and food rations.

Numerous reports noted authorities practiced collective punishment. The state imprisoned entire families, including children, when one member of the family was accused of a crime. Collective punishment reportedly can extend to three generations.

NGOs reported the eviction of families from their places of residence without due process.

The constitution provides for freedom of speech and press, but the government prohibited the exercise of these rights.

Freedom of Expression: There were numerous instances of persons interrogated or arrested for saying something construed as negative towards the government.

The constitution provides for the right to petition, but the government did not respect this right. For example, when individuals submitted anonymous petitions or complaints about state administration, the Ministries of People’s Security and State Security sought to identify the authors and subject them to investigation and punishment.

Press and Media Freedom: The government sought to control virtually all information; independent media does not exist. The government tightly controlled print media, broadcast media, book publishing, and online media through the Propaganda and Agitation Department. Within the department, the Publication and Broadcasting Department controls all media content, including content used on television, in newspapers, and on the radio. The government carefully managed visits by foreigners, especially journalists. More than 100 foreign journalists visited the DPRK in April to report on celebrations for Kim Il Sung’s birthday, but the government strictly limited their access.

Violence and Harassment: Domestic journalists had no freedom to investigate stories or report freely. During visits by foreign leaders, authorities permitted groups of foreign journalists to accompany official delegations and file reports. In all cases, the state strictly monitored journalists. Government officials generally prevented journalists from talking to officials or to persons on the street.

Censorship or Content Restrictions: Strict enforcement of domestic media censorship continued, with no toleration for deviation from the official government line. The government prohibited listening to foreign media broadcasts except by the political elite, and violators were subjected to severe punishment. Radios and television sets, unless altered, are set to receive only domestic programming; officials similarly altered radios obtained from abroad. Elite citizens and facilities for foreigners, such as hotels, had access to international television broadcasts via satellite. The government continued attempts to jam all foreign radio broadcasts. Officials imprisoned and punished citizens for listening to foreign radio or watching foreign television broadcasts and, in some cases, for simply owning radio or television sets able to receive nongovernment broadcasts.

INTERNET FREEDOM

Internet access for citizens was limited to high-ranking officials and other designated elites, including selected university students. The Korea Computer Center, which acts as the North Korean gatekeeper to the internet, granted access only to information it deemed acceptable, and employees constantly monitored users’ screens. A tightly controlled and regulated “intranet” was reportedly available to a slightly larger group of users, including an elite grade school; selected research institutions, universities, and factories; and a few individuals. The NGO Reporters Without Borders reported some email access existed through this internal network. Government employees sometimes had closely monitored access to the internet and had limited, closely monitored access to email accounts. While the North Korean cell phone network is 3G-capable, most users’ data access is limited to a few state sanctioned functions through North Korea’s intranet such as reading the government newspaper.

In April 2016 the government formally announced it would block foreigners from visiting Facebook, YouTube, Twitter, and South Korean websites. Nevertheless, some foreign journalists utilized social media from Pyongyang in February and April 2017.

South Korean media reports indicated an increase in cyber hacking by North Korea during the year. Specifically, international press reported that a January hacking attempt targeted defectors and advocates for North Korean human rights.

ACADEMIC FREEDOM AND CULTURAL EVENTS

The government restricted academic freedom and controlled artistic works. Curriculum was highly controlled by the state. The government severely restricted academic travel. The primary function of plays, movies, operas, children’s performances, and books was to buttress the cult of personality surrounding the Kim family and support the regime.

The state carried out systematic indoctrination through the mass media, schools, and worker and neighborhood associations. Indoctrination continued to involve mass marches, rallies, and staged performances, sometimes including hundreds of thousands of persons.

The government continued its attempt to limit foreign influence on its citizens. Listening to foreign radio and watching foreign films are illegal. Individuals accused of viewing or possessing foreign films were reportedly subjected to imprisonment and possibly execution. According to the 2016 KINU white paper, a 2015 survey revealed that defectors witnessed proclamations posted indicating that that those caught watching South Korean movies or listening to South Korean music would be sentenced to death, in accordance with instructions announced by the regime in 2013. According to the 2017 KINU white paper, the number of people executed for watching or distributing South Korean video content increased during the last few years.

Based on defector interviews conducted in 2015, InterMedia estimated as many as 29 percent of defectors listened to foreign radio broadcasts while inside North Korea and that approximately 92 percent of defectors interviewed had seen foreign DVDs in North Korea.

The government intensified its focus on preventing the import of South Korean popular culture, especially television dramas. According to media and NGO reports, in enforcing restrictions on foreign films, authorities authorized police to search homes for contraband DVDs. According to InterMedia, the government added a software-based censorship program known as the “signature system” to all domestic mobile phones. This system makes it impossible to view foreign media on the phones. Mobile phones are randomly inspected physically for illegal media, and a history of all activity on the device is available for export upon inspection through monitoring software called “TraceViewer.” Daily NKreported that Kim Jong Un created a special police unit to restrict and control the flow of outside information into the country.

FREEDOM OF PEACEFUL ASSEMBLY

While the constitution provides for freedom of peaceful assembly, the government did not respect this provision and continued to prohibit public meetings not previously authorized and not under government control.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, but the government failed to respect this provision. There were no known organizations other than those created by the government. Professional associations existed primarily to facilitate government monitoring and control over organization members.

c. Freedom of Religion

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

The law provides for the “freedom to reside in or travel to any place”; however, the government did not respect this right. The government continued to control internal travel carefully. The government did not cooperate with the Office of the UN High Commissioner for Refugees or other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, forcibly returned refugees, asylum seekers, stateless persons, or other persons.

In-country Movement: The government continued to restrict freedom of movement for those lawfully within the state. Only members of a very small elite class and those with access to remittances from overseas reportedly had access to personal vehicles. A lack of infrastructure hampered movement, as did security checkpoints on main roads at entry and exit points from every town.

The government strictly controlled permission to reside in, or even to enter, Pyongyang, where food availability, housing, health, and general living conditions were much better than in the rest of the country. Foreign officials visiting the country observed checkpoints on the highway leading into Pyongyang.

Foreign Travel: The government also restricted foreign travel. The government limited issuance of exit visas for foreign travel to officials and trusted businesspersons, artists, athletes, academics, and workers. Short-term exit papers were available on a very limited basis for some residents to visit with relatives, undertake short-term work opportunities, or to engage in small-scale trade.

Exile: The government reportedly forced the internal exile of some citizens. In the past, it forcibly resettled tens of thousands of persons from Pyongyang to the countryside. Sometimes this occurred as punishment for offenses and included those judged to be politically unreliable based on the social status of their family members.

PROTECTION OF REFUGEES

Refoulement: The government did not allow emigration, and reports stated that it increased its severe, tight security on the border, dramatically limiting the flow of persons crossing into China without required permits. NGOs reported strict patrols and surveillance of residents of border areas and a crackdown on border guards who may have been aiding border crossers in return for bribes.

In September 2016 international press reported China constructed a new facility to detain North Koreans without proper documentation. News reports in 2015 stated the DPRK had erected additional barbed-wire fencing on its side of the Tumen River.

The government maintained orders to shoot to kill those attempting to leave without official permission. NGOs reported that Kim Jong Un called for stricter punishments for those suspected of illegal border crossing. The law criminalizes defection and attempted defection. Individuals, including children, who cross the border with the purpose of defecting or seeking asylum in a third country are subject to a minimum of five years of “labor correction.” In “serious” cases, the state subjects asylum seekers to indefinite terms of imprisonment and forced labor, confiscation of property, or death. Many would-be refugees returned involuntarily from foreign states received imprisonment under harsh conditions. Some sources indicated authorities reserved particularly harsh treatment for those who had extensive contact with foreigners, including those with family members resettled in South Korea.

According to the 2017 KINU white paper, a defector reported that a 16-year-old victim of human trafficking in China was forcibly returned in 2014 and subsequently died due to malnourishment during a MSS investigation.

Past reports from refugees noted the government differentiated between persons who crossed the border in search of food (who might be sentenced only to a few months of forced labor or in some cases merely issued a warning) and persons who crossed repeatedly for “political” purposes (who were sometimes sentenced to harsh punishment, including death). This included persons who had alleged contact with religious organizations based on the Chinese border. The law stipulates a sentence of up to two years of “labor correction” for the crime of illegally crossing the border.

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 for refugees. The government did not grant refugee status or asylum. The government had no known policy or provision for refugees or asylees and did not participate in international refugee fora.

Citizens do not have the ability to choose their government peacefully.

Elections and Political Participation

Recent Elections: The most recent national elections to select representatives to the Supreme People’s Assembly (SPA) occurred in 2014. These elections were neither free nor fair. The government openly monitored voting, resulting in a reported 100 percent participation rate and 100 percent approval of the preselected government candidates. Local elections on July 2015 were likewise neither free nor fair. The government reported a 99.97 percent turnout, with 100 percent approval for the government candidates.

Political Parties and Political Participation: The government has created several “minority parties.” Lacking grassroots organizations, the parties existed only as rosters of officials with token representation in the SPA. The government regularly criticized the concept of free elections and competition among political parties as an “artifact of capitalist decay.”

Participation of Women and Minorities: As of 2016 women constituted approximately 3.1 percent of members and 2.8 percent of candidate members of the Central Committee of the Workers’ Party of Korea (WPK) and held few key WPK leadership positions. The 2014 UN COI report indicated only 10 percent of central government officials are women.

The country is racially and ethnically homogenous. There are officially no minorities.

Verifiable information was not available on whether criminal penalties for official corruption were actually applied. While international organizations widely reported senior officials engaged in corrupt practices with impunity, in 2016 Kim Jong Un presided over a rare high-level government meeting to address rampant corruption by authorities.

Corruption: In 2016 foreign press outlets reported that Kim Jong Un’s high-level corruption meeting marked perhaps the first public recognition of systemic abuse of power believed to run rampant within the ruling party. While corruption was reportedly widespread in all parts of the economy and society and endemic in the security forces, this meeting was rare in publically acknowledging and criticizing these practices. Specifically it addressed the practice of senior officials who sought privileges, misused authority, abused power, and manifested bureaucratism in the party.

In December media reports speculated that Kim Jong Un’s top aide, Hwang Pyong So, was expelled from the party in October for bribery and other corruption-related offenses. Hwang’s deputy, Kim Won Hong, was reportedly sent to a labor camp for similar offenses around the same time.

Additionally, reports of diversion of food to the military and government officials and bribery were indicative of corruption in the government and security forces. Multiple ministries and party offices were responsible for handling issues of corruption.

Financial Disclosure: Information was not publicly available on whether the state subjects public officials to financial disclosure laws and whether a government agency is responsible for combating corruption.

Women

Rape and Domestic Violence: The government appeared to criminalize rape, but no information was available on details of the law or how it was enforced. The UN COI report found the subjugation of inmates and a general climate of impunity created an environment in which guards and other prisoners in privileged positions raped female inmates. When cases of rape came to light, the perpetrator often escaped with mere dismissal or no punishment. According to the 2017 KINU white paper, the Law for the Protection of Women’s Rights includes a provision prohibiting domestic violence but no legal provisions stipulating penalties for domestic violence. Defectors reported violence against women was a systematic problem both inside and outside the home. According to the 2015 KINU survey of defectors conducted from 2011-15, 81 percent of respondents believed domestic violence was “common.”

Sexual Harassment: Despite the 1946 Law on Equality of the Sexes, defectors reported the populace generally accepted sexual harassment of women due to patriarchal traditions, and reported there was little recourse for women who had been harassed.

Coercion in Population Control: Defectors reported that the state security officials subjected women to forced abortions although it was done for political purposes and not population control. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: The constitution states, “women hold equal social status and rights with men”; however, few women reached high levels of the party or the government and defectors said gender equality was nonexistent. KINU reported that discrimination against women emerged in the form of differentiated pay scales, promotions, and types of work assigned to women. The foreign press and think tanks reported that, while women were less likely than men to be assigned full-time jobs, they had more opportunity to work outside the socialist economy.

Children

Birth Registration: Children derive citizenship from one’s parents and, in some cases, birth within the country’s territory.

Education: The law provides for 12 years of free compulsory education for all children. Reports indicated that authorities denied some children educational opportunities and subjected them to punishments and disadvantages as a result of the loyalty classification system and the principle of “collective retribution” for the transgressions of family members. NGO reports also noted some children were unable to attend school regularly because of hidden fees or insufficient food. NGOs reported that children in the total control zones of political prisons did not receive the same curriculum or quality of education.

Foreign visitors and academic sources reported that from the fifth grade, schools subjected children to several hours a week of mandatory military training and that all children received political indoctrination.

Medical Care: There was no verifiable information available on whether boys and girls had equal access to state-provided medical care. Access to health care largely depended on loyalty to the government.

Child Abuse: Information about societal or familial abuse of children remained unavailable. The law states that a man who has sexual intercourse with a girl under age 15 shall be “punished gravely.” There was no reporting on whether the government upheld this law.

Early and Forced Marriage: The law provides that the minimum age for marriage is 18 years old for men and 17 years old for women.

Sexual Exploitation of Children: As many girls and young women attempt to flee repressive and malnourished conditions for their own survival or the betterment of their family, the 2014 Commission of Inquiry noted they often become subjected to sexual exploitation by traffickers. Traffickers promised these young girls jobs in other parts of the country or in China but then sold them into forced marriages, domestic servitude, or made them work in prostitution after being smuggled out of the country.

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Displaced Children: According to NGO reports, there were numerous street children, many of them orphans, who had inconsistent access to education.

Institutionalized Children: There were reports of children born into kwanliso political prison camps as a result of “reward marriages” between inmates. Guards subjected children living in prison camps to torture if they or a family member violated the prison rules. Reports noted authorities subjected children to forced labor for up to 12 hours per day and did not allow them to leave the camps. Prisons offered them limited access to education.

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 travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

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

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

In 2013 the country announced that it modified its Person with Disability Protection Law to meet the international standards of rights for persons with disabilities. However, in a 2016 National Human Rights Commission of Korea survey, 89 percent of defectors said there was no consideration for persons with disabilities.

While a 2003 law mandates equal access to public services for persons with disabilities, the state has not enacted the implementing legislation. Traditional social norms condone discrimination against persons with disabilities, including in the workplace (also see section 7.d.). While the state treated veterans with disabilities well, they reportedly sent other persons with physical and mental disabilities from Pyongyang to internal exile, quarantined within camps, and forcibly sterilized. Persons with disabilities experienced discrimination in accessing public life.

The UN special rapporteur on the rights of persons with disabilities, Catalina Devandas Aguilar, visited the DPRK for the first time in May and noted most infrastructure, including new buildings, was not accessible to persons with physical disabilities. She also said more efforts were needed on information and communication access for blind people.

State media reported in July 2016 that the government launched a website for the protection of persons with disabilities, and they improved educational content in schools for children with disabilities to provide professional skills training. Independent observers were unable to verify the report.

The UN Committee on the Rights of the Child repeatedly expressed concern about de facto discrimination against children with disabilities and insufficient measures taken by the state to ensure these children had effective access to health, education, and social services.

The Citizens’ Alliance for North Korean Human Rights 2013 report on the Status of Women’s Rights in the Context of Socio-Economic Changes in the DPRKfound that the birth of a baby with disabilities–regardless of circumstances–was considered a “curse,” and doctors lacked training to diagnose and treat such persons. The report stated there were no welfare centers with specialized protection systems for those born with disabilities. Citizens’ Alliance also cited reports that the country maintained a center (Hospital 8.3) for abandoned individuals with disabilities, where officials subjected residents to chemical and biological testing.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

There are no laws against consensual same-sex activity, but little information was available on discrimination based on sexual orientation or gender identity. In 2014 the Korean Central News Agency, the state news agency, denied the existence of consensual same-sex activity in the country and reported, “The practice can never be found in the DPRK boasting of sound mentality and good morals.”

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides for freedom of association, but workers do not have the right to form or join independent unions, strike, or bargain collectively. While the law stipulates that employees working for foreign companies may form trade unions and that foreign enterprises must provide conditions for union activities, the law does not protect workers who might attempt to engage in union activities from employer retaliation, nor does it provide penalties for employers who interfere in union activities. Unlawful assembly may result in five years of correctional labor.

There were no known labor organizations other than those created and controlled by the government. The WPK purportedly represents the interests of all labor. The central committee of the WPK directly controls several labor organizations in the country, including the General Federation of Trade Unions of Korea and the Union of Agricultural Workers of Korea. Operating under this umbrella, unions functioned according to a classic Stalinist model, with responsibility for mobilizing workers to support production goals and for providing health, education, cultural, and welfare facilities.

The government controlled all aspects of employment, including assigning jobs and determining wages. Joint ventures and foreign-owned companies were required to hire their employees from government-vetted lists. The government organized factory and farm workers into councils, which had an effect on management decisions. They established the first special economic zone (SEZ) in the Rajin-Sonbong area in 1991. The same labor laws that apply in the rest of the country apply in the Rajin-Sonbong SEZ. The government selected the workers permitted to work in the SEZ. The government announced the establishment of 13 new SEZs in 2013, six additional SEZs in 2014, and two more SEZs in 2015.

In February 2016 the ROK closed the Kaesong Industrial Complex (KIC), citing North Korea’s “extremely provocative act” of launching a satellite using ballistic missile technology. Under a special law, the KIC, located close to the demilitarized zone between the ROK and the DPRK, operated under special regulations covering labor issues that did not contain provisions that stipulate freedom of association or the right to bargain collectively. The government reportedly selected worker representatives in KIC workplaces, subject to the approval of South Korean company management (also see sections 7.b. and 7.e.).

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor. Nonetheless, the government mobilized the population for construction and other labor projects. “Reformatory labor” and “re-education through labor,” sometimes of entire families, have traditionally been common punishments for political offenses. Forced and compulsory labor in such activities as logging, mining, tending crops, and manufacturing continued to be the common fate of political prisoners. Re-education involved memorizing speeches by Kim Il Sung and Kim Jong Il.

The law requires all citizens of working age to work and “strictly observe labor discipline and working hours.” There were numerous reports that farms and factories did not pay wages or provide food to their workers. Forced labor continued to take place in brick making, cement manufacturing, coal mining, gold mining, logging, iron production, agriculture, and textile industries. International press reported authorities forced Pyongyang residents to work on the Ryomyung Street construction project late into the night after finishing their normal jobs. Authorities also brought in workers from other provinces.[i] South Korean NGO Open North Korea estimated that North Koreans perform $975 million worth of forced labor each year.

According to reports from a NGO, during the implementation of short-term economic plans, factories and farms increased workers’ hours and asked workers for contributions of grain and money to purchase supplies for renovations and repairs. By law failure to meet economic plan goals may result in two years of “labor correction.” There were reports that workers were required to work at enterprises to which the government assigned them and then failed to compensate or undercompensated them for their work. Additionally, in the Kaesong Industrial Complex, South Korean employers paid wages for North Korean workers directly to DPRK authorities. Workers were reportedly aware of their monthly earnings, as companies required them to sign time records acknowledging salaries paid to North Korean managers on their behalf; yet it remained unclear how much of these earnings were transferred to individual workers (also see section 7.e.).

According to Open North Korea’s report Sweatshop, North Korea, 16- or 17-year-olds of low songbun were assigned to 10 years of forced labor called dolgyeokdae. One worker reportedly earned a mere 120 won (less than one dollar) per month. During a 200-day labor mobilization campaign in 2016, the workers worked as many as 17 hours per day. State media boasted that the laborers worked in subzero temperatures. One laborer reported conditions were so dangerous while building an apartment building that at least one person died each time a new floor was added. Songbun status also determines lifelong job assignments, with the lowest classes relegated to dangerous mines.

The NGO Human Rights Watch reported the government operated regional, local, or subdistrict level “labor training centers” and forced detainees to work for short periods doing hard labor, receiving little food, and subject to abuse, including regular beatings. Authorities reportedly sent individuals to such centers if suspected of engaging in simple trading schemes or unemployed.

There were an estimated 100,000 North Korean citizens working as overseas laborers, primarily in Russia and China. Workers were also reportedly present in the following countries during the year: Algeria, Angola, Bangladesh, Burma, Cambodia, Equatorial Guinea, Ethiopia, Democratic Republic of the Congo, Ghana, Guinea, Indonesia, Kyrgyzstan, Kuwait, Laos, Libya, Mali, Malaysia, Mongolia, Mozambique, Namibia, Nepal, Nigeria, Oman, Poland, Qatar, Senegal, Singapore, South Sudan, Tanzania, Taiwan, Thailand, the United Arab Emirates, Uruguay, Yemen, and Zambia. Reports suggested some countries took steps to reduce the number of North Korean workers in their countries during the year.

Numerous NGOs noted North Korean workers abroad were subjected to forced labor. NGO reports indicated the government managed these laborers as a matter of state policy and were under constant and close surveillance by DPRK security agents. Laborers worked between 12 and 16 hours per day, and sometimes up to 20 hours per day, with only one or two rest days per month. Employers stated the average wage as 270,000 to 900,000 won per month ($300 to $1,000), but in most cases employing firms paid salaries directly to the DPRK government, which took between 70 percent and 90 percent of the total earnings, leaving approximately 90,000 won ($100) per month for worker take-home pay. The government reportedly received hundreds of millions of dollars (more than a trillion won) from this system per year. The state reportedly withheld some wages in certain instances until the laborers returned home after the completion of their three-year contracts, making them vulnerable to deception and exploitation by authorities. In June 2016 the DPRK’s forced laborers in Kuwait went on strike after failing to receive their salaries in a rare display of defiance against the government. The workers took this action after a state construction company operating in Kuwait informed them they would be paid with checks rather than in cash for their monthly salary. In the aftermath of the protest, DPRK officials summoned the workers back to the DPRK. A similar strike took place in Qatar in March 2016 when employers forced workers to increase their hours without additional pay.

During the year the international press and the NGO Human Rights Watch reported the forced labor conditions faced by DPRK overseas workers at World Cup sites in Russia, noting 11-hour workdays for $10-$15 a day, seven days a week, the confiscation of passports, and cramped living conditions. There were reports a DPRK worker died at Zenit Arena.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

By law the state prohibits work by children under age 16. Neither the general labor law nor Kaesong Industrial Complex labor law prohibits hazardous child labor.

Officials occasionally sent schoolchildren to work in factories or fields for short periods to assist in completing special projects, such as snow removal on major roads or meeting production goals. The effects of such forced labor on students included physical and psychological injuries, malnutrition, exhaustion, and growth deficiencies. The law criminalizes forced child labor, but there were reports such practices occurred. NGOs reported government officials held thousands of children and forced them to work in labor camps with their parents.

d. Discrimination with Respect to Employment and Occupation

While the law provides that all citizens “may enjoy equal rights in all spheres of state and public activities” and all “able-bodied persons may choose occupations in accordance with their wishes and skills,” the law does not prohibit discrimination with respect to employment or occupation on the basis of race, religion, ethnicity, or other invidious factor. There is no direct reference to employment discrimination in the law, yet classification based on the songbun system has a bearing on equal employment opportunities and equal pay.

Despite the law according women equal social status and rights, societal and legal discrimination against women continued. The 2014 UN COI report noted that, despite the economic advancement of women, the state continued to discriminate against them and imposed many restrictions on the female-dominated market. Persons with disabilities also faced employment discrimination.

e. Acceptable Conditions of Work

No reliable data was available on the minimum wage in state-owned industries. Monthly wages in some enterprises in the heavy industrial sectors as well as in the textile and garment sector reportedly increased from 3,000 to 4,000 won ($0.30 to $0.40) to 30,000 won ($30) in 2013, with approximately one-third of the wage paid in cash and the remainder in kind.

The law stipulates an eight-hour workday; however, some sources reported that laborers worked longer hours, perhaps including additional time for mandatory study of the writings of Kim Il Sung and Kim Jong Il. The law provides all citizens with a “right to rest,” including one day’s rest per week (Sunday), paid leave, holidays, and access to sanitariums and rest homes funded at public expense; however, the state’s willingness and ability to provide these services were unknown.

The law recognizes the state’s responsibility for providing modern and hygienic working conditions. The law criminalizes the failure to heed “labor safety orders” pertaining to worker safety and workplace conditions, but only if the conditions result in the loss of lives or other “grave loss.” Workers themselves do not have a designated right to remove themselves from hazardous working conditions.

Mandatory participation in mass events on holidays and practice sessions for such events sometimes compromised leave or rest from work. Workers were often required to “celebrate” at least some part of public holidays with their work units and were able to spend an entire day with their families only if the holiday lasted two days. Failures to pay wages were common and reportedly drove some workers to seek income-generating activity in the informal or underground economy.

Many worksites were hazardous, and the industrial accident rate was high. Citizens labored under harsh conditions while working abroad for state-owned firms and under arrangements between the government and foreign firms (see section 7.b.).

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, but there were reports that police abused detainees and prisoners and used excessive force. During the first six months of the year, the Ministry of Interior’s Sector for Internal Control and Professional Standards Unit reported receiving 11 complaints against police officers for use of excessive force. It took disciplinary action against two officers for those offenses. From January through September, the Ombudsman’s Office received nine complaints against police for unlawful or excessive use of force.

On October 12, the Council of Europe’s Committee for the Prevention of Torture (CPT) released a report on its December 2016 visit to the country. During the visit the CPT reported receiving a number of consistent allegations of deliberate physical mistreatment of inmates by prison officers at Idrizovo Prison, the country’s largest penitentiary. The reported mistreatment consisted mainly of slaps, punches, kicks, and blows to various parts of the body and was reportedly used by prison staff as a disciplinary tool, as unofficial punishment for infractions, and as a reaction to inmate requests and complaints. The CPT also noted reports prison officers deliberately incited prisoners to mistreat convicted sex offenders and Romani individuals as well as allegations that prison officers themselves hit convicted sex offenders with batons (see Prison and Detention Center Conditions). The CPT also reported receiving a few allegations of mistreatment of inmates by officers at Stip Prison.

In its October 12 report, the CPT stated, “The violence at Idrizovo Prison is integrally linked to the endemic corruption that has pervaded the whole prison and implicates prison officers, including officers of all grades up to the most senior officers, and educators.” The report noted, “At Idrizovo Prison, every aspect of imprisonment is up for sale, from obtaining a place in a decent cell, to home leave, to medication, to mobile phones and drugs.” In one example of violence linked to corruption and payments to prison officers at Idrizovo Prison, prison officers severely beat an inmate in September 2016; the CPT confirmed the case was under investigation by the Skopje Public Prosecutor’s Office.

In July 2016, six of 37 defendants accused of participating in the 2015 armed clashes with police in Kumanovo that left 18 persons dead asked the court for medical assistance after claiming police brutality during their transport from detention facilities to the court. Lawyers for the defendants requested an indefinite postponement of the trial, claiming, “Torture of the defendants is evident and it has been happening from the first day they were arrested until the last hearing.” The court informed the suspects’ lawyers that a medical report confirmed the physical abuse of two defendants and recognized minor injuries. The former minister of interior, Mitko Chavkov, asserted an investigation into the claims found no evidence of torture and that no charges were filed against accused police and prison guards, despite repeated complaints and calls for action by defense counsel and the ombudsman. In December 2016 the Ministry of Interior announced it would reopen the investigation. As of September 1, there were 14 police officers and prison guards under investigation for the alleged abuses. In October the ombudsman confirmed allegations of torture perpetrated by Ministry of Interior employees in charge of transporting the defendants to court. An investigation continued into one defendant’s claim that a member of the “Tigers” police unit sexually assaulted him.

During the year the European Roma Rights Center, a human rights nongovernmental organization (NGO), alleged “institutional violence” was perpetrated against Romani individuals in prisons and that there were several cases of Romani individuals being mistreated in detention facilities, resulting in their deaths.

Prison and Detention Center Conditions

The country’s prisons and detention centers failed to meet international standards and in some cases, according to the CPT, conditions could be described as amounting to inhuman and degrading treatment. Endemic corruption, high rates of overcrowding, mistreatment by prison guards, interprisoner violence, unsafe and unhygienic conditions, insufficient staffing, and inadequate training of guards and personnel remained serious problems, particularly at Idrizovo Prison, which held more than three-fifths of the country’s prison population.

Physical Conditions: The country had 11 prisons and three juvenile correctional facilities; seven prisons also housed pretrial detainees. The prisons were designed to hold 2,036 adults, 43 juveniles, and 450 pretrial detainees. As of September 1, the system held 2,767 individuals–2,507 adults, 235 pretrial detainees, and 25 juveniles.

According to the Ombudsman’s Office, poor conditions gave rise to what it called the “inhuman and degrading treatment of prisoners and detainees.”

In addition to mistreatment of inmates at Idrizovo Prison by prison staff (see section 1.c.), the CPT reported that interprisoner violence remained a serious problem at the prison. In one reported case, newly arrived prisoners sentenced for sexual offenses were repeatedly subjected to punches and blows with hard objects (such as brooms) by groups of inmates. Prison staff reportedly did not take any measures to protect these prisoners, and there were allegations that prison officers deliberately incited prisoners to mistreat sex offenders. Some prisoners claimed they were beaten by other inmates because they were unable to pay off debts incurred while in prison.

Prison authorities identified prison overcrowding as a core problem that gave rise to many secondary problems, including inadequate housing conditions for inmates, insufficient and substandard health care, difficult conditions for personal and general hygiene, and poor sanitation. Idrizovo Prison, which was built to hold 800 inmates but held more than 1,800, had especially bad conditions. In its October 12 report, the CPT noted sanitary annexes were in an “appalling state (filthy, foul-smelling, damaged, and leaking), many of the showers did not work and there was hardly any provision of hot water.” At the time of the December 2016 visit, the CPT reported that heating was working only a few hours a day. Provision of health care at Idrizovo and Skopje Prisons was inadequate. The CPT also observed that many prisoners were suffering from insect bites and infections such as scabies.

Insufficient staffing and inadequate training of prison guards and other personnel continued to be problems at all facilities.

Administration: In its October 12 report, the CPT noted it found no functioning internal complaint system in the three establishments it visited, including Idrizovo Prison. In general the ombudsman found that correctional authorities’ investigations into allegations of mistreatment and abuse of prisoners were ineffective. Most offenders continued to abuse with impunity and when criminal charges were filed, the cases were not handled promptly or efficiently. As of September the ombudsman received 157 complaints concerning treatment in correctional facilities and was investigating 44.

The Department for Enforcement of Sanctions received 14 notifications of the use of force against inmates by prison police. One case was under investigation at year’s end.

Independent Monitoring: The law allows physicians, diplomatic representatives, and representatives from the CPT and the International Committee of the Red Cross access to pretrial detainees with the approval of the investigative judge. The government usually only granted independent humanitarian organizations, such as the country’s Helsinki Committee for Human Rights, access to convicted prisoners upon the prisoners’ requests.

The ombudsman regularly visited the country’s prisons and investigated credible allegations of problematic conditions, although on some occasions prisons turned away the ombudsman’s staff because prison administrators were on vacation or medical leave. The UN Subcommittee on the Prevention of Torture visited a variety of detention facilities in April. In a press release about the visit, it highlighted the under resourcing of the ombudsman’s office as a critical deficiency in the prevention of torture in correctional facilities.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his/her arrest or detention in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The army is responsible for external security, and the president is the supreme commander of the Army. The national police maintain internal security, including migration and border enforcement, and report to the Ministry of the Interior. Civilian authorities have not yet addressed gaps in oversight over law enforcement personnel, particularly in the Ministry of Interior’s Department of Security and Counterintelligence (UBK), which, without legal authorization, allegedly intercepted the communications of more than 20,000 individuals over a multiyear period (see section 1.f.). On September 12, Minister of Interior Oliver Spasovski announced plans to reform the UBK and improve its reputation and professionalism. Planned reforms include a system designed to reduce the chances of abusing the legal wiretap authorities. The ombudsman received nine complaints of unlawful or excessive use of force while performing official duties. International observers, embassies, and local NGOs cited corruption, lack of transparency, and political pressure within the ministry as hindering efforts to fight crime, particularly organized crime.

Civilian authorities maintained effective control over the Army and the Ministry of Interior, and the government has effective mechanisms to investigate and punish abuse. There were no reports of impunity involving the security forces during the year.

The working group tasked with investigating the Ministry of Interior’s role in the April 27 attack on the parliament found legal and operational shortcomings within the ministry stemming from improper political and criminal influence over officials, including police officers. In response to the election of the new speaker of the parliament on April 27, approximately 200 demonstrators broke through a police cordon, entered the parliament building, and attacked journalists and parliament members. A Ministry of Interior investigation into the events of April 27 concluded that certain employees usurped their official position and failed to adequately protect members of the parliament and journalists. As a result of the investigation, 180 police officers were questioned, eight were dismissed, 43 were suspended, and 70 disciplinary procedures remained in progress.

In addition to investigating alleged police mistreatment, the Ministry of Interior’s Professional Standards Unit conducted all internal investigations into allegations of other forms of police misconduct. The unit has authority to impose administrative sanctions, such as temporary suspension from work, during its investigations. The unit cannot take disciplinary measures, which require a ruling from a disciplinary commission, nor can it impose more serious criminal sanctions, which require court action. During the first half of the year, the unit initiated disciplinary action against 175 police personnel and filed six criminal charges against ministry employees for criminal acts, including “abuse of official position,” “deceit,” and “mistreatment in performing a duty.”

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires that a judge issue warrants for arrest and detention of suspects based on evidence, and police generally followed this requirement. The law states that prosecutors must arraign a detainee within 24 hours of arrest. A pretrial procedure judge, at the request of a prosecutor, may order detention of suspects for up to 72 hours before arraignment. Police generally adhered to these procedures. Authorities generally informed detainees promptly of the charges against them. Detention prior to indictment may last a maximum of 180 days. Following indictment, pretrial detention may last a maximum of two years.

In the majority of cases, the courts adhered to the law for pretrial detention procedures. The selectivity and lack of transparency courts used when evaluating requests for pretrial detention or detention during trials were problematic. Government statistics indicated that prosecutors requested detention orders in 5 percent of all cases. The Skopje Criminal Court granted 80 percent of pretrial detention requests by the Public Prosecutor’s Office and the Organized Crime and Corruption Prosecutor’s Office. At the same time, the courts denied 89 percent of similar requests for detention and other precautionary measures submitted by the Special Prosecutor’s Office. Over the previous year, courts also rejected additional requests from the Special Prosecutor’s Office for precautionary measures, including house arrest and passport seizure. In some cases the court’s denials allowed high-profile suspects to evade prosecution.

On June 30, the Special Prosecutor’s Office requested a 30-day pretrial detention order for defendants in the “Target” and “Fortress II” cases, Goran Grujevski and Nikola Boshkovski. The Skopje Criminal Court denied the request on June 1. On June 17, the Skopje Appellate Court upheld the detention order pending a Supreme Court decision. On July 26, the Supreme Court upheld the appellate court’s ruling and issued an international arrest warrant against the two, which the Ministry of Interior disseminated through Interpol channels. On October 19, Greek police detained the defendants in Thessaloniki for possession and use of false Bulgarian passports and identification documents. On November 8, Grujevski was tried in absentia in the Fortress II case and sentenced to 18 months in prison. As of December both individuals were awaiting extradition.

The courts sometimes failed to provide appropriate justification for prolonging, substituting, or terminating pretrial detention.

On May 12, the Supreme Court reversed the Skopje Criminal Court’s detention order against Sead Kocan, which was originally requested by the Special Prosecutor’s Office. Media reported Supreme Court president Jovo Vangelovski delayed signing and transmitting the detention order to the Ministry of Interior, allowing the defendant to flee. Kocan, along with three other businessmen, was suspected of falsifying documents in 2011 to win a tender of 17 million euros ($20 million) from the state power company to extract coal from a mine near the city of Bitola.

There is an operating bail system. The law allows defendants to communicate with an attorney of their choice, but authorities did not always inform detainees properly of this right and did not always allow them to consult with an attorney prior to arraignment. Indigent detainees have the right to a state-provided attorney, and authorities generally respected this right. Judges usually granted permission for attorneys to visit their clients in detention. Police reportedly called suspects and witnesses to police stations for “informative talks” without notifying them of their rights and without the presence of legal counsel. Authorities did not practice incommunicado detention but sometimes held suspects under house arrest.

Arbitrary Arrest: The ombudsman received two complaints of arbitrary arrest, and a number of high-profile cases from previous years have not been resolved due to continuous trial postponements.

On November 28, the Criminal Court of Skopje ordered the arrest of 36 suspects for questioning in connection with investigations into the violent attacks in parliament on April 27. After initial questioning, the court ordered 21 individuals remanded to 30-day pretrial detention, including the former chief of public security and members of parliament (MPs). Due to their parliamentary immunity, the MPs were released pending a parliamentary decision on the immunity. On December 1, parliament lifted the immunity of the MPs at the court’s request, citing the nature of the alleged crime; on December 5, the Skopje Criminal Court ordered 30-day detentions of three VMRO-DPMNE MPs and house arrest for the other three. Opposition party VMRO-DPMNE called the detentions politically motivated and its supporters protested on multiple occasions over the course of several weeks. On December 28, in response to a petition by 33 VMRO-DPMNE MPs asking the ombudsman to determine whether the rights of the MPs were violated, the ombudsman announced police had violated the rights to parliamentary immunity and presumption of innocence of the six MPs. He recommended that the Ministry of Interior open an investigation into the conduct of the officers involved and questioned whether the court had authority to issue an arrest warrant for individuals with parliamentary immunity without their immunity being lifted beforehand. On December 29, the minister of interior stated, “during the detainment of the MPs, the police acted legally–upon an order issued by the court,” adding that he provided documentation on the case to the ombudsman. On December 27, the detentions of the MPs were renewed for another 30 days.

Detainees’ Ability to Challenge Lawfulness of Detention before a Court: Arrested suspects, their attorneys, or close family members can petition the court to decide the lawfulness of their detention or obtain court-ordered release as well as to obtain compensation for persons unlawfully detained.

e. Denial of Fair Public Trial

The constitution provides for “autonomous and independent” courts, supported by an independent and autonomous Judicial Council. The judiciary failed to demonstrate independence and impartiality, however, and judges were subject to political influence and corruption. The outcomes of many judicial actions appeared predetermined, particularly in cases where the defendants held views or took actions in opposition to the government. Inadequate funding of the judiciary continued to hamper court operations and effectiveness. A number of judicial officials accused the government of using its budgetary authority to exert control over the judiciary.

According to the ombudsman’s annual report for 2016, the second greatest number of citizen complaints (577 or 15 percent) received by the ombudsman concerned the judicial system. As of September the ombudsman had received 363 complaints concerning the judicial system during the year. The ombudsman’s report stated citizens complained about long trials, bias, selective justice, and undue pressure on judges. A significant portion of court budgets reportedly went to paying damages for violations of citizens’ right to trial within a reasonable time. The report indicated court decisions were sometimes considerably delayed due to administrative deficiencies or judges exceeding the legally prescribed deadlines for issuing written judgments.

In a report released in 2015, the European Commission’s Senior Experts Group highlighted the “atmosphere of pressure and insecurity within the judiciary. Many judges believed that promotion within the ranks of the judiciary was reserved for those whose decisions favor the political establishment.” The update to this report, released September 14, noted that within the judiciary, “many of the practices denounced in the 2015 report have continued.” The report specifically asserted, “The control and misuse of the judicial system…to serve and promote political interests has not diminished by any significant respect.”

While there were strict rules regulating the assignment of cases to judges that were implemented through an electronic case management system, the European Commission’s Senior Experts Group’s September 14 report noted, “there are credible indications that this system has frequently been interfered with in order to ensure the allocation of sensitive files to particular judges.” In its 2016 annual enlargement progress report, the European Commission found allegations of direct interference by judicial authorities in the use of the Automated Court Case Management Information System (ACCMIS) to assign judges to handle specific procedures initiated by the special prosecutor. Initial findings of the government’s ACCMIS audit, released December 7, found the system had been manipulated, substantiating longstanding rumors of abuse. The Ministry of Justice indicated it would submit the results to the Judicial Council and Public Prosecutor for action.

On February 20, the president of the Skopje Criminal Court, Tatjana Mihajlova, transferred 20 (out of a total 67) judges presiding over high-level criminal cases to the misdemeanor and juvenile divisions of the court. Multiple members of the judiciary claimed the transfers were in retaliation for rulings favorable to the Special Prosecutor’s Office. Judges also alleged that Mihajlova and her successor, Stojance Ribarev, only assigned judges with a record of obstructing the special prosecutor to oversee the cases brought by the Special Prosecutor’s Office.

A 2015 report by the European Commission’s Senior Experts Group raised concerns about the fairness of the conviction of Zvonko Kostovski, a defendant in the “Coup” case. Kostovski, a counterintelligence officer in the Ministry of Interior, pleaded guilty to espionage and illegal interception of communications and was sentenced to three years’ imprisonment. Kostovski claimed he wiretapped compromising conversations for the opposition SDSM party leader, Zoran Zaev, in order to blackmail former prime minister Nikola Gruevski into including the SDSM in the government. In its report the Senior Experts Group expressed concern that it was impossible to know to what extent the facts supported the plea and whether the light sentence the judge conferred may have been a reward for participating in a cover-up of the involvement of others. In October 2016 the Special Prosecutor’s Office requested an extraordinary Supreme Court review of Kostovski’s plea bargain. On July 12, the special prosecutor obtained the original copy of Kotovski’s plea bargain and appealed the plea before the Supreme Court, citing substantive procedural violations. As of December 1, the Supreme Court’s review was pending.

TRIAL PROCEDURES

The constitution and law provide for the right to a fair trial, although political interference in the work and appointment of the judiciary frequently undermined this right.

In 2015 a law took effect that contains updated sentencing guidelines designed to address inconsistent sentencing among different courts. Legal analysts expressed concern that the law seriously hampered judicial discretion to decide sentences according to the facts in individual cases and provided too much power to prosecutors to influence sentences.

The law presumes defendants innocent until proven guilty. Defendants have the right to be informed promptly and in detail of the charges (with free interpretation as necessary), but authorities did not always respect this right. Trials were generally open to the public. High-profile trials were subject to frequent delays. The ombudsman cited delayed court proceedings as a violation of citizens’ rights and noted the number of complaints regarding delayed court proceedings increased during the year, compared with 2016.

Defense attorneys and human rights activists claimed that closing significant portions of high-profile trials to the public reduced transparency and contributed to declining public confidence in the courts, especially among the ethnic Albanian population. The defense in the “Monster” case and the Kumanovo trial, most of the proceedings of which were held behind closed doors, repeatedly raised such concerns.

For certain criminal and civil cases, judicial panels of three to five individuals, led by a professional judge, are used. Authorities did not always grant defendants adequate time and facilities to prepare a defense. Free assistance of an interpreter is provided. Defendants may question witnesses and present evidence on their own behalf. Authorities may not compel defendants to testify or confess guilt. Both the prosecution and defendants have the right to appeal verdicts.

POLITICAL PRISONERS AND DETAINEES

On July 14, journalist Zoran Bozinovski was released from detention after 15 months in custody. In April 2016 Serbian authorities approved his extradition to Macedonia on an Interpol arrest warrant accusing him of criminal association, espionage, and extortion amid allegations that he was part of a spy ring working for foreign governments. The Association of Journalists of Macedonia had called Bozinovski’s arrest and detention “politically motivated and aimed at silencing journalists who had the courage to expose scandals about the authorities.”

Bozinovski had reportedly moved to Serbia out of concern for his safety after posting articles critical of the former government, the VMRO-DPMNE party, and former prime minister Gruevski.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Citizens had access to courts to bring lawsuits seeking damages for human rights violations. Individuals may file human rights cases in the criminal, civil, or administrative courts, and the Constitutional Court, depending upon the type of human rights violation in question and its alleged perpetrator. Individuals also may appeal adverse decisions. The law provides the right to timely adjudication of cases and a legal basis for appealing excessive judicial delays to the Supreme Court. The government generally complied with civil decisions of domestic courts. Individuals may appeal cases involving alleged state violations of the European Convention on Human Rights to the European Court of Human Rights (ECHR) after exhausting all domestic legal options.

The ombudsman’s 2016 annual report noted continuing problems regarding the right to trial in a reasonable time. According to the report, protracted civil and administrative court cases, as well as insufficient civil enforcement practices, resulted in violations of citizens’ rights.

PROPERTY RESTITUTION

The ability to apply for restitution of property confiscated during the Holocaust is limited to Macedonian citizens. Holocaust-era restitution is no longer a significant issue in the country, particularly after the 2000 Denationalization Law and 2007 compensation agreement.

The 2000 Denationalization Law accorded the right to denationalization of property seized after August 1944 to former owners and their successors, in accordance with the provisions related to the right to inherit. It required claimants to have Macedonian citizenship at the time of the law entering force.

The 2007 Compensation Agreement was between the government, the Holocaust Fund, and the Jewish Community and allowed for the payment of 21.1 million euros ($25 million) between June 2009 and June 2018. To date 15.6 million euros ($18.7 million) has been paid. One of its major results was the construction of the Holocaust Memorial Center of the Jews from Macedonia, which officially opened in 2011.

The government has no laws or mechanisms in place related to the resolution of Holocaust-era claims by foreign citizens.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, although there were reports that the government failed to respect these prohibitions during the year.

The government continued to deal with the repercussions of revelations of a widespread, illegal wiretapping campaign allegedly carried out over multiple years inside the UBK headquarters. The campaign was first reported by the then opposition SDSM party in February 2015. In its September 14 report, the European Commission’s Senior Experts Group stated, “Urgent measures to prevent illegal wiretapping have not been addressed” and noted that illegal interceptions may have continued after June 2015. According to the report, the UBK still holds a monopoly over interception of communications for both security purposes and criminal investigations, which interfered with the autonomy of police forces. The report also noted concerns remained regarding the lack of respect for basic human rights and data protection rules within the UBK. On October 31, the government established an expert working group to reform the system for legal interception, headed by deputy director of the UBK, Siljan Avramovski.

The European Commission’s Senior Experts Group criticized the Directorate for Personal Data Protection, the agency responsible for overseeing the government’s handling of personal information, for its delay in responding to the “apparent lack of data protection, the potential improper and uncontrolled registration of telephone numbers, as well as the invasion of the right to privacy through potentially unauthorized surveillance.” In late 2016 the directorate performed four inspections of the UBK and initiated a control inspection on July 24 to measure implementation of the 11 recommendations it made during 2016 inspections. A compliance report published by the directorate on November 24 stated that the Ministry of Interior fully complied with 10 recommendations and partially with one recommendation.

In May 2016 the ruling coalition passed, through an expedited procedure, amendments to the Law on the Protection of Privacy that prohibit the possession, processing, and publishing of any content, including wiretapped conversations, that violate the right to privacy with regard to personal or family life. The amendments, which entered into force in July, also prohibit the use of such materials in election campaigns or for other political purposes.

Lustration, the process of publicly identifying individuals who collaborated with the secret services during the communist era and prohibiting them from holding public office and receiving other government benefits, was discontinued during the year. On August 29, a report about the Lustration Commission’s activities from 2009 to 2017 was submitted to the parliament. On September 13, the parliament terminated the commission without debate. The ECHR has ruled twice, most recently in April, that the country’s lustration procedures violated the European Convention on Human Rights.

The constitution provides for freedom of expression, including for members of the press, but government pressure on the media, impunity for perpetrators of violence against journalists and other members of media, and a media market divided along political party lines continued to be a problem.

The international human rights organization Freedom House characterized the media landscape as “not free” for the second year in a row. A 2016-17 Metamorphosis Foundation survey published August 10 found that only 5 percent of citizens claimed they fully trusted the media.

On April 28, six media organizations, including the European Center for Press and Media Freedom and the Association of Journalists of Macedonia (AJM), released a statement that expressed concerns about the rising trend in violence against journalists. Members of the national and international media community, including the AJM and the European Federation of Journalists, accused the previous government of failing to respect freedom of speech and the press and of taking no responsibility for the protection of journalists.

Freedom of Expression: The law prohibits speech that incites national, religious, or ethnic hatred and provides penalties for violations. Individuals may criticize the government publicly or privately. Although most government advertising was suspended in 2015, there were reports that the previous government attempted to impede media criticism during the year by directing political advertising purchases toward progovernment outlets prior to the formation of the new government in May.

Press and Media Freedom: A limited number of independent media voices actively expressed a variety of views without explicit restriction. Media outlets and reporting continued to be divided along political lines. Laws that restrict speech inciting national, religious, or ethnic hatred also cover print and broadcast media, publication of books, and online newspapers and journals.

Freedom House reported on February 2, “Many private outlets are owned by businesspeople who used their media holdings as tools to promote commercial interests or curry favor with the government.” According to the April edition of AJM’s Summary of the Media Situation in Macedonia, which evaluated the media landscape prior to the formation of the new government, both central and local government entities spent public funds on media. The Ministry of Information Society and Administration reportedly spent the greatest amount, mainly by subsidizing national television stations to produce local programming.

As the government was traditionally one of the largest purchasers of advertising in the country, many media outlets remained financially dependent on its spending and therefore subject to pressure to avoid criticizing it. In its 2015 enlargement progress report, the European Commission noted government advertising provided the largest single source of funding for media outlets and had a major influence on the media market at both the national and local level. There were credible reports that the former government abused its market power to influence media content.

On August 22, the government terminated all government-paid advertisements in commercial media, including broadcast, print, billboards and internet portals, with the exception of social media. This policy became mandatory for all state agencies and was encouraged for local governments as well.

On September 19, the parliament abolished the monthly public broadcasting fee of 190 denars (four dollars) paid by every household. The fee was used to help fund the public broadcaster, Macedonia Radio Television (MRTV). Under the new law, MRTV will receive direct funding amounting to 0.5 percent of the annual state budget.

A September 14 report by the European Commission’s Senior Experts Group noted journalists often failed to meet ethical standards. The group further reported there were allegations of self-censorship and selective reporting among some journalists, which resulted from corrupt practices and a lack of necessary professional skills. Media experts reported that intimidation, absence of good labor conditions for journalists, and financial instability of media companies made them vulnerable to government pressure and reliant on government advertising.

The OSCE observation mission’s final report on the December 2016 elections noted concerns regarding the independence of public broadcaster MRTV and the Agency for Audio and Audiovisual Media Services, intimidation and threats against journalists, and the failure of media outlets to provide balanced and impartial coverage of the election.

Beginning August 7, the Agency for Audio and Audiovisual Media released reports on media coverage of the October local elections every 10 days during the campaign period. In a December 15 report summarizing its findings, the agency asserted that seven stations committed 14 violations of the electoral code, including exceeding the allowable time for paid political advertising, broadcasting an unsourced poll, and not providing balanced coverage in their daily news shows.

Violence and Harassment: Several journalists reported threats and intimidation directed against them, allegedly including by government officials.

In June the AJM released a report, The Cases of Violations of Rights of Journalists and the Reactions of Institutions in Macedonia. The report documented 14 incidents of violent behavior against journalists or damage to their property since the beginning of the year.

On June 7, unidentified individuals threatened the editor in chief of an Albanian language news website, Elida Zylbeari, after she published an article on alleged misconduct by Blerim Bexheti during his time as mayor of Saraj. An investigation into the case had not been completed by September. The AJM claimed the attack and harassment of Zylbeari was indicative of an environment in which aggression was used to silence journalists.

According to the AJM and the NGO Civicus, continued threats against critics of the former ruling party, VMRO-DPMNE, were reported during the year. On June 16, journalist Branko Trichkovski received a death threat online from actor Toni Mihajlovski. The actor told followers on Facebook he would kill Trichkovski “without blinking an eye.” Trichkovski previously suffered harassment and intimidation by activists affiliated with the former ruling party and individuals purportedly affiliated with the former ruling party accosted him at his home in March.

In addition to acts of violence and harassment, there were credible reports that journalists encountered other obstructions as they attempted to inform the public of breaking news events. For example, 21 journalists were threated or barred from reporting, and six journalists were beaten while covering a demonstration that later resulted in the storming of the parliament building on April 27. Dimitar Tanurov, a reporter for the independent Meta news agency told the Committee to Protect Journalists that angry protesters threatened him and instructed him to stop taking pictures during the April 27 demonstration at the parliament. According to Tanurov, “when they saw my press card and the outlet I worked for, they called me a traitor, took my phone, and continued to beat and kick me while I was lying on the floor.”

On February 27 and March 10, unknown perpetrators attacked journalists reporting from “For a United Macedonia” protests.

Media watchdog groups stated the authorities did not properly investigate, charge, or convict perpetrators of violence against journalists. This created an overall environment of impunity.

Censorship or Content Restrictions: There were reports that the previous government pressured journalists into self-censorship. Journalists reported far greater official interference when covering topics sensitive to the previous government. Privately owned media claimed they routinely received calls from authorities at the highest levels of government dictating how and what to report with regard to political issues.

Libel/Slander Laws: Persons found guilty of defamation, libel, and slander were subject to fines according to a schedule based on nonmaterial damage. Some editors and media owners expressed concern the steep fines would promote further self-censorship. There were also claims the former government used the statute as a tool to target political opponents.

According to the AJM, as of November 23, there were approximately 39 defamation cases involving journalists, editors, and/or media managers or owners pending before the courts. Information about pending cases from previous years was incomplete.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content. There were no official reports that the government monitored private online communications without appropriate legal authority. In the wake of the 2015 wiretapping scandal; however, there was widespread public sentiment that the government was monitoring internet traffic on a regular basis. This belief prompted many citizens to use messaging applications that offered end-to-end encryption, including Viber, WhatsApp, Facebook Messenger, Signal, and Telegram. The State Statistical Office estimated that 75 percent of households had access to the internet in the first quarter of the year, up from 69 percent in 2016.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for the freedom of peaceful assembly, and the government generally respected it.

On July 28, police detained four members of the political party Levica while they protested a public event in Skopje following a joint military exercise involving foreign forces. The NGO Civil released a video of the incident that showed a police officer issuing an order for the group to disperse and then detaining one party member after the group unfurled a banner that read, “Against war for profits.” The Ministry of Interior reported the individuals were briefly detained at the scene and then released without charges. An investigation by the Sector for Internal Control and the Professional Standards Unit continued at year’s end.

FREEDOM OF ASSOCIATION

The law provides for the freedom of association, and the government generally respected it.

c. Freedom of Religion

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

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

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

Abuse of Migrants, Refugees, and Stateless Persons: According to the Ministry of Labor and Social Policy, as of September, 38 migrants were housed in transit centers located at the northern and southern border crossings with Serbia and Greece, respectively. In an April report, the Macedonian Young Lawyers Association estimated there were 350 displaced migrants in the country and that 200 were not housed in government-run facilities.

During the year the Helsinki Committee for Human Rights registered 11 hate crimes against migrants, which included beating, torture, and robbery. The committee also noted that, in response to calls for local referendums on migrant settlement, “The public debate was followed by a high amount of xenophobic hate speech towards refugees, identifying them with terrorists, calling for the prevention of their settlement in the country with offensive and humiliating messages. Several civic initiatives aimed at collecting signatures of citizens against migrants have been initiated, which have constantly encouraged and provoked hate speech.”

Foreign Travel: The constitution provides for freedom of movement, and the government may only restrict it when necessary to protect national security, criminal investigations, or public health.

During the year the ombudsman and the Helsinki Committee for Human Rights received some complaints, especially from Romani individuals, that state authorities denied their freedom of movement solely based on their ethnic, racial, and/or religious profile, although the number of complaints was lower than in previous years.

On September 11, Basic Court Skopje II ruled that the Ministry of Interior violated two Romani families’ right to equal treatment by imposing a travel restriction on their national identity cards. The court awarded the defendants 200,000 denars ($3,800) in damages.

INTERNALLY DISPLACED PERSONS (IDPS)

The government reported that 183 persons remained displaced from the 2001 internal conflict, 27 of whom lived in collective centers and 156 with host families.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. UNHCR reported, however, that the mechanism for adjudicating refugee status failed to provide basic procedural guarantees and proper determinations as prescribed in the law. The Helsinki Committee for Human Rights estimated 69 migrants applied for asylum in the first nine months of the year. Numerous cases of individuals who were not allowed to submit an application for asylum, even after expressly stating their intention to do so, were reported, however. As of September 7, 19 asylum applications were in process, zero migrants had been granted asylum, and four had been granted subsidiary protection. The government continued rejecting most asylum applications, mainly on the grounds that the applicant posed a threat to national security.

Asylum seekers from countries with active conflicts, such as Libya and Yemen, were reportedly denied entry. UNHCR stated that these “push-backs” violated the 1951 Refugee Convention as well as Protocol 4 to the European Convention on Human Rights. The government issued identity documents to recognized refugees and persons under subsidiary protection, but authorities frequently delayed or failed to issue identification documents to new asylum seekers.

Safe Country of Origin/Transit: The law contains a broad definition of “safe third country” that includes any member state of the EU, NATO, or the European Free Trade Area, effectively precluding any migrant entering the country by land from countries other than Kosovo and Serbia from seeking asylum.

Durable Solutions: As of October, 98 individuals from the 1999 conflict in Kosovo had returned to Kosovo. UNHCR continued to assist rejected asylum seekers from Kosovo, whom the government allowed to stay in the country. The government issued them provisional identification documents to secure their access to services. The Ministry of Labor and Social Policy provided integrated, durable solutions with the support of UNHCR for approximately 530 refugees who had applied for integration into the country.

Temporary Protection: The government provides subsidiary protection to individuals who may not qualify as refugees and provided it to 377 persons during the year through November.

STATELESS PERSONS

Some habitual residents were legally stateless, in spite of fulfilling one or more criteria for citizenship. As of July 2016, UNHCR reported there were 585 persons in the country under its statelessness mandate, primarily Roma who lacked civil registration and documentation. Children born in the country to stateless persons are considered nationals and have access to birth registration and certification.

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.

Elections and Political Participation

Recent Elections: The December 2016 election for seats in the parliament had a record high turnout and only minor confirmed irregularities. According to the OSCE/ODIHR report, although the State Election Commission struggled with election preparations, election day was generally well administered and orderly. While ODIHR found that fundamental freedoms were generally respected and candidates were able to campaign freely, it noted that the elections took place “in an environment characterized by a lack of public trust in institutions and the political establishment, and allegations of voter coercion.” According to ODIHR, the elections failed to meet some important OSCE commitments for a democratic electoral process, including voter intimidation, widespread pressure on civil servants, vote buying, coercion, and misuse of administrative resources. Municipal elections were held on October 15, with a second round on October 29. According to the OSCE/ODIHR preliminary report, the elections took place in a competitive environment, voter’s fundamental freedoms were respected, and the elections “contributed to strengthening confidence in the democratic process.” Problems observed during the pre-election period included credible allegations of vote buying, voter pressure, and isolated cases of violence. OSCE/ODHIR found that despite organizational challenges, election day generally proceeded in an orderly fashion.

Political Parties and Political Participation: There are few restrictions on forming or joining political parties, which are subject to the same laws as ordinary citizens. While membership in a political party is not mandatory, there is an active patronage system in the country through which parties confer special benefits and advantages to their members. The opposition VMRO-DPMNE party accused the government of continuing these practices, alleging that educational and professional qualifications prescribed by law for public administration positions were not followed. On July 6, Spase Gligorov was appointed to lead the nonpartisan Agency for Administration after his resignation from the SDSM Executive Committee. The appointment of Ivan Barbov as acting director of the University Clinic of Neurology in Skopje was also considered controversial. Barbov was convicted and given a suspended sentence in 2012 for participating in a group that charged patients for illegal insurance papers that granted disability pensions. Multiple sources alleged, however, that some defendants in the case were subjects of politically motivated prosecutions by the former VMRO-DPMNE government. Legal analysts noted that in some high profile cases, if there was the risk of an acquittal due to weak or insufficient evidence, judges would issue guilty verdicts with suspended sentences. This was reportedly done to avoid negative publicity and prevent defendants from suing for damages stemming from unjust detention cases.

Participation of Women and Minorities: No laws limit the participation of women and members of minorities in the political process, and women and minorities did participate. The law requires gender diversity in each political party’s candidate list for parliamentary and municipal elections. No more than two-thirds of a party’s candidates may be the same gender. As of September 28, 41 of the 120 members of the parliament were women, and four women served as ministers in the president’s 25-member cabinet. Men dominated leadership ranks in political parties. Of the 208 candidates for mayoral positions in the October 15 elections, only 12 were women. Six women won mayoral contests on October 15, four of whom were incumbents.

Ethnic Albanians and other ethnic minorities continued to complain of inequitable representation within government and discriminatory practices that excluded them from political participation, such as selective withholding of security clearances.

The law provides criminal penalties for corruption by officials; there were reports that officials engaged in corruption with impunity. NGOs stated the government’s dominant role in the economy created opportunities for corruption. The government was the country’s largest employer; some analysts estimated it employed as many as 180,000 persons, despite official statistics showing public sector employment of approximately 128,000.

Corruption: On March 30, the Macedonian Center for International Cooperation released its biennial report, which asserted that the State Commission for the Prevention of Corruption had lost the confidence of citizens and failed to fulfil its monitoring and control responsibilities. In 2016 the center found corruption had increased since 2014 and that acceptance of corruption remained high among the public. During the year 30.5 percent of 1,000 respondents to a survey conducted by the organization reported they were asked for a bribe, up 4.9 percent from 2014. Similarly, 29.2 percent of respondents offered or gave a bribe, up 7.7 percent from 2014. Corruption varied along ethnic lines, with 83.3 percent of ethnic Albanians reportedly experiencing pressure to pay a bribe and 80.5 percent paying a bribe, compared with 40.6 percent and 35.5 percent, respectively, of ethnic Macedonian respondents.

According to Transparency International’s annual Global Corruption Barometer released in November 2016, 12 percent of survey respondents reported having to pay bribes to obtain public services to which they were legally entitled. All respondents believed powerful, influential, and rich individuals exerted too strong an influence over politics.

During the first three months of the year, the State Commission for the Prevention of Corruption opened 16 cases on the misuse of public funds. During the year the Organized Crime and Corruption Prosecutor’s Office investigated 25 suspects on corruption-related charges, filed one indictment, and obtained convictions against four defendants. The crimes included misuse of official position and authority, money laundering or laundering of other criminal proceeds, receiving bribes, and accepting rewards for unlawful influence. As of September 15, the Skopje Basic Prosecution office had two parliament members under investigation for violating rules set forth by the State Commission for the Prevention of Corruption.

Between April 15 and September 15, the Special Prosecutor’s Office filed 18 indictments against 120 defendants, charged 168 criminal offenses, and opened seven investigations against 25 suspects. It also initiated 142 preliminary investigations into apparent criminal behavior relating to or arising from the content of illegally intercepted communications between 2008 and 2015. In its June 30 filings, the Special Prosecutor’s Office recommended detention of 18 of those charged, including former prime minister Gruevski. The Skopje Basic Court denied the request to detain Gruevski (see section 1.d.).

Since the creation of the Special Prosecutor’s Office in 2015, the VMRO-DPMNE party repeatedly obstructed the work of the office and publicly criticized Special Prosecutor Katica Janeva, claiming she was incompetent and a politically biased tool of the SDSM party. The judiciary played a role in hindering the effectiveness of the Special Prosecutor’s Office.

On November 1, police arrested the former mayor of the Skopje municipality of Gorce Petrov, Sokol Mitrevski, and nine other suspects for misuse of office. The charges were related to the alleged issuance of illegal construction licenses and land concessions. The arrest followed investigations of five other VMRO-DPMNE mayors or former mayors on various corruption-related charges.

Financial Disclosure: The anticorruption law requires appointed and elected officials and their close family to disclose their income and assets and provides penalties for noncompliance. The public could view disclosure declarations on the website of the State Commission for the Prevention of Corruption. The commission also received and checked 1,460 conflict of interest statements submitted by public officials.

Over the summer, media reported on the financial disclosure declarations of new government officials, especially Deputy Prime Minister Kocho Angjushev, a businessman who reported a net worth of 27 to 28 million euros ($32 million to $33 million) on his disclosure statement. After his appointment Angjushev did not divest from his holding company, Feroinvest, but he did step down as its managing director. The Feroinvest Group owned businesses in the metalworking and renewable energy sectors. On September 19, Angjushev announced his companies would no longer bid on government tenders while he was in office after ELEM, the state-owned power generation company, cancelled a tender that Feroinvest was the frontrunner to win.

Women

Rape and Domestic Violence: Rape, including spousal rape, is illegal. The penalties for rape range from one to 15 years’ imprisonment, but those laws were poorly enforced. Domestic violence is illegal but was a persistent and common problem. Police and judicial officials were reluctant to prosecute spousal rape and domestic violence. As of September the ombudsman’s office had not received any complaints of inadequate action by police or the judicial system in the investigation or prosecution of domestic violence cases.

The government ran seven limited-capacity shelters, and one NGO operated a shelter that could accommodate 30 at-risk women. A national NGO operated a hotline in both the Macedonian and the Albanian languages and ran two crisis centers to provide temporary shelter for victims of domestic violence.

Sexual Harassment: The law prohibits sexual harassment in the workplace and provides a sentencing guideline of three months to three years in prison for violations. Sexual harassment of women in the workplace was a problem, and victims generally did not bring cases forward due to fear of publicity and possible loss of employment.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: Women have the same legal status as men. In some communities, the practice of men directing the voting or voting on behalf of female family members disenfranchised women.

Children

Birth Registration: The law determines citizenship primarily by the citizenship of the parents. It also allows orphans found in the country to acquire citizenship, unless authorities discover before they reach the age of 18 that their parents were foreigners. The government automatically registers the births of all children in hospitals and medical institutions, and the law requires that parents register the births of all children, including those born at home, at magistrate offices within 15 days of birth. Some Romani families delayed the registration of newborns, making it difficult for them to access educational, medical, and other benefits later in life because they lacked proper identity documents.

Child Abuse: Child abuse was a problem in some areas. The government operated a hotline for domestic violence, including child abuse.

Early and Forced Marriage: The minimum legal age for marriage is 18. A court may issue a marriage license to persons between the ages of 16 and 18 if it finds them mentally and physically fit for marriage. Early and forced marriage occurred occasionally in the Romani community and, to a much lesser extent, in some Albanian communities.

Sexual Exploitation of Children: The law prohibits all forms of commercial sexual exploitation of children. The penalty for the commercial sexual exploitation of children is 10 to 15 years in prison. The law prohibits child pornography and provides penalties of five to 15 years in prison for violations. The minimum age for consensual sex is 16. Authorities considered child commercial sexual exploitation a problem but did not know its extent. The country had an online registry, searchable by name and address, of convicted child traffickers and sex offenders that provided their photographs, conviction records, and residential addresses. Offenders could ask authorities to remove them from the register 10 years after they completed their sentence, provided they did not commit a new offense.

Displaced Children: According to the Ministry of Labor and Social Policy, there were 78 displaced children of different ethnicities registered as of June. An October 2016 report from the Ombudsman’s Office estimated 236 children lived without shelter. With international support the ministry operated two day-centers for street children. The government maintained a transit shelter for street children, but its small size limited its effectiveness in providing social services.

Institutionalized Children: Advocates and the ombudsman reported a lack of accountability for child neglect and abuse in orphanages, shelters, and detention centers. In June 2016 the Ombudsman’s Office presented a report on the Tetovo Juvenile Penitentiary, describing inhuman living and sanitary conditions in the facility, disturbing treatment practices in the penitentiary wards, and a lack of medical care. According to the ombudsman, physiological and sanitary needs were unmet; there was no permanent doctor on staff; and hepatitis was spread through sexual intercourse among the boys, some of whom had been victims of sexual abuse.

International Child Abductions: The country is 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 travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

The Jewish community estimated that 200 to 250 Jews lived in the country. There were some instances of anti-Semitic speech on social media and the Jewish community reported flyers with anti-Semitic content were thrown in the yard of its headquarters.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, but the government did not always enforce these provisions effectively. The law allows persons who have experienced discrimination to submit complaints to the Commission for Protection from Discrimination. The commission was located in an office sometimes inaccessible to persons with physical disabilities.

A separate law regulates a special government fund for stimulating employment of persons with disabilities. The Employment Agency manages the fund with oversight by the Ministry of Labor and Social Policy. The fund provided grants for office reconstruction or procurement of equipment for workstations to provide reasonable accommodation for persons with disabilities. The law requires persons with physical or mental disabilities to obtain approval from a government medical commission to serve in supervisory positions in the private and public sectors.

The law establishes accessibility standards for new buildings; existing public structures were to be made accessible for persons with disabilities by the end of 2015. NGOs reported many public buildings did not comply with the law. Although all buses purchased since 2013 by the government for Skopje were accessible to persons with physical disabilities, public transportation remained largely inaccessible in other regions. The Ministry of Transport and Communications continued a multiyear project to procure accessible train cars and make train stations in Skopje and 10 other cities accessible.

The Ministry of Education and Science made efforts to provide suitable support to enable children with disabilities to attend regular schools. It employed special educators, assigned either to individual selected schools or as “mobile” municipal special educators covering all schools in their municipality, to support teachers who had children with disabilities in their regular classes. School authorities also installed elevators in several primary schools and deployed technology to assist students with disabilities in using computers in selected primary and secondary schools. Despite these efforts, a large number of students with disabilities continued to attend separate schools.

National/Racial/Ethnic Minorities

According to the country’s most recent census in 2002, the ethnic composition of the population was 64.2 percent Macedonian, 25.2 percent Albanian, 3.9 percent Turkish, 2.7 percent Romani, 1.8 percent Serbian, 0.8 percent Bosniak, and 0.5 percent Vlach. According to the ombudsman’s annual report, ethnic minorities, with the exception of Serbs and Vlachs, were underrepresented in the civil service and other state institutions, including the military, police, intelligence services, courts, national bank, customs service, and public enterprises.

The law provides for primary and secondary education in the Macedonian, Albanian, Romani, Turkish, and Serbian languages. The number of minority students who received secondary education in their native language continued to increase, especially after secondary education became mandatory in 2007, although the government was unable to provide full instruction in Romani due to a shortage of qualified teachers.

Ethnic Albanians continued to criticize unequal representation in government ministries and public enterprises. The country’s police academy continued to fall short of the number of minority trainees needed to comply with the constitution, which stipulates that the administration reflect the ethnic composition of the state. Ethnic Albanians alleged the government designed the testing process in the academy unfairly to deny access to minority groups. In particular, ethnic Albanians complained of cultural biases in the tests. Ethnic Albanian and other minority representation within the civilian administration of the Ministry of Defense remained low. Some elite units of the police and the military had almost no representation of ethnic minorities.

Roma reported widespread societal discrimination. NGOs and international experts reported that employers often denied Roma job opportunities, and some Roma complained of lack of access to public services and benefits. The Ministry of Health and the NGO Hera, in partnership with UNICEF, sponsored the Roma Health Mediators Program to provide health, social, and early childhood development services in seven municipalities with high Romani populations.

Ethnic Turks complained of discrimination.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution and law prohibit discrimination based on sexual orientation and gender identity. Sexual acts between members of the same sex are legal.

The LGBTI community remained marginalized and activists supporting LGBTI rights reported incidents of societal prejudice, including hate speech, physical assaults and other violence, failure of police to arrest perpetrators of attacks, and a failure of the government to condemn or combat discrimination against the LGBTI community. Five cases of hate crimes against transgender individuals were reported during the year. According to the NGO Subversive Front, as of September 1, the Skopje Public Prosecutor’s Office had not processed 39 pending cases involving hate speech targeting members of the LGBTI community.

According to NGOs, there was a lack of will among political parties to address the problem of violence and discrimination against LGBTI individuals. Government representatives were typically absent from public discussions on LGBTI issues. An informal LGBTI interparliamentarian group was established in June, when the prime minister issued a statement on LGBTI inclusion.

In June the new government supported Pride Week and, for the first time, the minister of culture spoke at a pride event. On January 1, a memorandum of cooperation on information sharing between the LGBTI Support Center and the Ombudsman’s Office came into force.

On September 22, the Administrative Court adopted a decision that requires the Ministry of Justice to correct a transgender person’s entry in the birth registry upon request. The decision also compels the Ministry of Interior to issue a new national identification number to the applicant within three days of the correction.

As a result of complaints from LGBTI organizations and with support from the ombudsman, the Ministry of Education withdrew a number of textbooks found to be discriminatory on the basis of gender and family status. The state universities of Cyril and Methodius and Kliment Ohridski did not comply with the directive, and discriminatory texts were still in use at these institutions as of October.

HIV and AIDS Social Stigma

There were isolated reports of discrimination against persons with HIV/AIDS in the health-care sector.

a. Freedom of Association and the Right to Collective Bargaining

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

The law requires federated unions to register with the Ministry of Labor and Social Policy and with the State Central Registry. Union leaders reported occasions when the ministry would extend the registration process for a new union for months without explanation.

A court of general jurisdiction may terminate trade union activities at the request of the registrar or competent court when those activities are deemed to be “against the constitution and law.” There are no nationality restrictions on membership in trade unions, although foreign nationals must have a valid work permit and be employed by the company or government body listed on the permit.

The government and employers did not always respect freedom of association, the right to strike, and the right to collective bargaining. Unions maintained the law’s “exclusionary” provision allowed employers to terminate up to 2 percent of workers from collective bargaining negotiations during a strike. Collective bargaining is restricted to trade unions that represent at least 20 percent of the employees and employers’ associations that represent at least 10 percent of the employers at the level at which the agreement is concluded (company, sector, or country). Government enforcement resources and remediation were inadequate. Penalties for violations of the law were insufficient to deter violations. Administrative and judicial procedures were generally subject to lengthy delays.

In February, in response to a 2017 International Labor Organization’s Committee of Experts report, the Ministry of Education amended the law to prohibit the replacement of striking workers to comply with the request.

Unions, with the exception of a few branch unions, were generally not independent from the influence of government officials, political parties, and employers–particularly those that had close ties with the previous governing coalition.

On August 14, Zhivko Mitrevski stepped down as head of the Federation of Labor Unions. The federation had dismissed Mitrevski in November 2016 after he suspended four labor unions that had accused him of abusing his office, misusing funds, and interfering in union operations. Despite the federation’s election of Darko Dimovski as acting president, former minister of labor and social policy Ibrahim Ibrahimi reinstated Mitrevski. In May the Supreme Court ruled that Dimovski should be registered as president.

b. Prohibition of Forced or Compulsory Labor

The constitution and law prohibit all forms of forced or compulsory labor, and the government largely enforced applicable laws. The law prescribes imprisonment, which apply to violations of forced labor or for the destruction or removal of identification documents, passports, or other travel documents. There were instances in which women and children were subjected to forced labor, such as peddling small items in restaurants and bars. Some Romani children were forced to beg, often by relatives (see section 7.c.).

Also see the Department of State’s annual Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 15, although children can begin work at 14 as apprentices or as participants in an official vocational education program. The law prohibits employing minors under the age of 18 in work that is detrimental to their physical or psychological health and morality.

The Ministry of Labor and Social Policy is responsible for enforcing laws regulating the employment of children. The government made efforts to enforce the law in the formal economy but did not do so effectively in the informal economy. Police and the Labor Ministry, through centers for social work, shared responsibility for enforcing laws on child trafficking, including forced begging. The law mandates a prison sentence for persons who buy, sell, keep, or take minors for the purpose of exploitation. If enforced, the penalties would be sufficient to deter violations.

Although child labor was not prevalent in the country, there were reports that individuals in the informal economy employed child labor. The most common examples included using children to beg, clean windshields, and sell cigarettes and other small items in open markets, the streets, or in bars and restaurants at night. Although the necessary laws were in place, government efforts to eliminate forced begging by children were largely ineffective. Children involved in these activities were primarily Roma and most often worked for their parents or family members. Officials frequently failed to hold those exploiting the children accountable, and Romani children remained vulnerable to exploitation and forced labor.

The Ministry of Labor and Social Policy funded two day-care centers that provided education, medical, and psychological services to children who were forced to beg on the street. The Labor Ministry also cofunded a day-care center operated by an NGO in the Skopje suburb of Shuto Orizari.

Children were subjected to commercial sexual exploitation, one of the worst forms of child labor (see section 6, Children).

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

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations generally prohibit discrimination regarding race, sex, gender, disability, language, health status, political opinion, religion, age, national origin, language, or social status. The law does not address discrimination based on HIV or other communicable disease status. The government did not always enforce the laws effectively. Civil activists complained that the State Commission for Protection against Discrimination was not doing its work and was merely an employment hub for individuals close to the previous governing party.

Discrimination in employment and occupation occurred with respect to gender, disability, and certain ethnic groups in the military, police, intelligence services, courts, national bank, customs service, state agencies, and public and private companies (see section 6, National/Racial/Ethnic Minorities). Despite government efforts and legal changes for mandatory inclusion in the primary and high education, the Romani community continued to live in segregated groups without proper health and social protection. Data from the State Employment Office showed that due to the low participation in the education system, particularly higher education, Roma generally had difficulties finding a job in the formal economy. Women’s wages lagged behind those of men, and few women occupied management positions. Persons with disabilities faced discrimination in hiring and access to the workplace.

e. Acceptable Conditions of Work

On September 19, the parliament approved a bill to increase the national minimum wage from 10,080 denars ($193) per month to 12,000 denars ($231). This change also applied to workers in the textile and leather industries, where the previous minimum wage was 8,080 denars ($155) per month. As of June, according to official statistics, the average monthly net wage was 22,808 denars ($439). In October the State Statistical Office estimated that 21.8 percent of the population lived at or under the poverty line. The poverty threshold was measured as a monthly income of 14,500 denars ($279) for a family of four.

Although the government set occupational safety and health standards for employers, those standards were not enforced in the informal sector, which accounted for an estimated 22 percent of the economy.

Labor inspectors have the authority to press misdemeanor charges against an employer who violates labor laws and to close an establishment until the employer corrects the violations. In cases of repeated violations, owners can be fined. The total number of inspectors was considered adequate to investigate violations of labor law and penalties were sufficient to deter violations. In practice, inspections were not adequate to ensure compliance due, in part, to an inadequate regional distribution of inspectors.

During the year the Ministry of Labor and Social Policy labor inspectorate filed complaints against several businesses for forcing employees to work long hours without the rest breaks required by law; nonpayment of salaries, benefits, and overtime; and cutting employees’ vacation. Violations in wage and overtime were most common in textiles sector, railroads, and retail.

Minimum wage, hours of work, and occupational safety and health standards were not effectively enforced. Many employers hired workers without complying with the law, and small retail businesses often required employees to work well beyond legal hourly limits. During the year the National Council for Occupational Safety and Health was not fully functional and held only an advisory role. While workers have the legal right to remove themselves from situations that endanger their health or safety without jeopardy to their future employment, employers did not always respect this right.

There were on average 40 workplace fatalities per year, but no data on the specific causes of workplace deaths or injuries was available for the year.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

While prisons and detention centers generally met international standards, reports regarding conditions at the Trandum detention center raised human rights concerns.

Physical Conditions: NGOs, including Amnesty International Norway and the Norwegian Organization for Asylum Seekers (NOAS), reported concerns with conditions for migrant families and children at the Trandum detention center. The parliamentary civilian ombudsman, who visited the center in March, expressed concerns with the use of solitary confinement and alleged unnecessary force at the center. The center’s manager responded that such force was necessary in specific cases.

Spot counts by prison authorities revealed an average of almost 200 prisoners in solitary confinement (in an average prison population of 3,700). As of June 2016, the latest data available, the Correctional Services Directorate received five reports of cases where the total period of solitary confinement for a prisoner exceeded 42 days (after which authorities must evaluate the status every 14 days).

NGOs criticized the government for leasing Norgerhaven Prison in the Netherlands for convicts from Norway because prisoners there did not have access to the same educational resources and opportunities for visits from family members as in Norway.

On June 8, the Supreme Court rejected the final appeal by convicted murderer Fjotolf Hansen (formerly Anders Breivik) that his treatment in prison violated the provisions of the European Convention on Human Rights prohibiting inhuman and degrading treatment.

Independent Monitoring: The government permitted visits, including unannounced visits, by independent human rights observers, including the Council of Europe’s Committee for the Prevention of Torture.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his/her arrest or detention in court, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police have primary responsibility for internal security. Police may call on the armed forces for assistance in crises. In such circumstances the armed forces operate under police authority. The National Police Directorate oversees the police force.

Civilian authorities maintained effective control over the national police, and the government has effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires warrants authorized by a prosecutor for arrests. The police may make an arrest without a warrant if any delay would entail risk to the police. If police arrest a person without a warrant, a prosecutor must consider as soon as possible whether to uphold the arrest. Detainees must be informed of the charges against them immediately after an arrest, and, if the prosecutor wishes to detain suspects, he or she must arraign them no later than three days after arrest. The arraigning judge determines whether the accused should be held in custody or released pending trial. There is a bail system, but it was rarely utilized. Officials routinely released defendants accused of minor crimes pending trial, including nonresident foreigners. Defendants accused of serious or violent crimes usually remained in custody until trial. Before interrogation, authorities allowed arrested persons access to a lawyer of their choice or, if the requested lawyer was unavailable, to an attorney appointed by the government. The government pays the attorney fees in all cases. Authorities usually allowed arrested persons access to family members.

The law mandates that detainees be transferred from a temporary police holding cell to a regular prison cell within 48 hours. Authorities did not always observe this time limit.

The law provides that a court must supervise whether and how long a detainee may be held in solitary confinement during pretrial detention.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained are entitled to challenge in court the legal basis of their detention and to obtain prompt release and compensation if found to have been unlawfully detained.

e. Denial of Fair Public Trial

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

TRIAL PROCEDURES

The constitution and the law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right. Defendants enjoy a presumption of innocence and the right to be informed promptly of the charges against them. Trials are held without undue delay. Defendants have the right to be present at their trials. Defendants also have the right to counsel at public expense, to have adequate time and facilities to prepare a defense, to free interpretation as necessary from the moment charged through all appeals, to confront and question adverse witnesses, to present their own evidence and witnesses, and to appeal. Defendants may not be compelled to testify or to confess guilt.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals or organizations may seek civil remedies for human rights violations through domestic courts. They may appeal cases alleging violations of the European Convention on Human Rights by the government to the European Court of Human Rights after exhausting all avenues of appeal in domestic courts.

PROPERTY RESTITUTION

The government, the Holocaust Center, and the Jewish Community report that Holocaust-era restitution has not been an issue and that no litigation or restitution claims regarding real or immovable property covered by the Terezin Declaration, to which the government is signatory, were pending before authorities.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Speech and Press

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

Freedom of Expression: The law prohibits “threatening or insulting anyone, or inciting hatred or repression of or contempt for anyone because of his or her: a) skin color or national or ethnic origin; b) religion or life stance; c) sexual orientation or lifestyle; or d) disability.” Violators are subject to a fine or imprisonment not to exceed three years. According to the government ombudsman for equality and discrimination (LDO), hate speech on the internet against ethnic minorities, religious groups, women, and LGBTI persons continued to be a problem. Beginning in 2017, hate crime statistics were to include prosecuted cases and final convictions.

Press and Media Freedom: Independent media were active and expressed a wide variety of views without restriction. The prohibitions against hate speech applied also to the print and broadcast media, the publication of books, and online newspapers and journals.

INTERNET FREEDOM

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. According to the International Telecommunication Union, 97 percent of the population used the internet.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

b. Freedom of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

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

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

PROTECTION OF REFUGEES

Refoulement: Authorities deported unsuccessful asylum seekers and others who had no legal right to stay in the country to Russia, Nigeria, Iraq, Somalia, Afghanistan, and other countries. NGOs criticized the government for returning some unsuccessful asylum seekers to areas in their home countries different from where they originated, as frequently occurred for returnees to Afghanistan. NGOs also criticized the government for rejecting a high percentage of the asylum claims for Afghans.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The government continued to implement regulations associated with a more restrictive immigration policy pursuant to parliament’s 2016 amendment of immigration laws.

NOAS reported there is no system for automatically reassessing cases of unaccompanied minors granted temporary residence after they turn 18. It noted that many of these unaccompanied minors, fearing their applications would be denied, “disappeared” rather than apply for permanent residency. NOAS also criticized the government for lacking a fully independent appeals system for asylum seekers whose applications are rejected.

Safe Country of Origin/Transit: The country is party to the EU’s Dublin III regulation, which allows the government to transfer asylum seekers to the European country determined to be responsible under the regulation for adjudicating the case. As of August the government requested other countries within the Schengen area to accept 344 persons under the regulation, including 22 to Greece and 67 to Italy.

Freedom of Movement: The law permits detention of migrants to establish their identity or to affect their removal from the country if authorities deem it likely the persons would evade an order to leave.

Asylum seekers residing in an asylum reception center may not be absent from the center for more than three days without potentially losing their place at the center and all concomitant financial support from the government. Centers were often located in remote areas of the country, and long travel times and a lack of money to pay for public transport effectively limited asylum seekers’ ability to move freely. Residents may apply for permission to live away from the reception center temporarily. Rejected asylum seekers were generally permitted to remain in asylum centers while awaiting voluntary return, assisted return, or deportation.

Employment: Asylum seekers may not work while their cases are under evaluation unless their identity can be documented through a valid travel document or a national identification card. NOAS and other NGOs reported that few asylum seekers possessed these documents, and thus relatively few were allowed to work.

Durable Solutions: The government also offered resettlement for refugees in cooperation with UNHCR. The government’s Directorate of Immigration (UDI) had several programs to settle refugees permanently in the country. According to the UDI, as of August the country accepted 1,923 refugees for resettlement.

Through the International Organization for Migration and other government partners, the government assisted the return of unsuccessful asylum seekers to their countries of origin through voluntary programs that offered financial and logistical support for repatriation. Identity documents issued by either the Norwegian or the returnee’s government are required in order to use this program. The government continued routinely to offer migrants cash support in addition to airfare to encourage persons with weak or rejected asylum claims to leave the country voluntarily.

Individuals granted refugee status can apply for citizenship when they meet the legislative requirements, that include a minimum length of residence of seven out of the last 10 years, completion of language training, and successful completion of a Norwegian language test and a course on Norwegian society.

Temporary Protection: The government also provided temporary humanitarian protection to individuals who may not qualify as refugees and provided it to 337 individuals through the end of August. The permits may be renewed and become permanent. The government also provided temporary protection to 360 unaccompanied minors, who were granted residence permits in the country until the age of 18.

STATELESS PERSONS

According to authorities, 2,424 stateless persons lived in the country at the end of 2016; they were not counted as refugees. According to the UDI, at the end of August, an additional 306 stateless asylum seekers lived in receiving centers, a decrease of 38 percent from the same period in 2016. Of these, 101 persons had permission to stay, and 56 were under orders to leave the country. The remainder continued the asylum application process.

Citizenship is derived from one’s parents, and children born in the country do not automatically become citizens. The government effectively implemented laws and policies to provide stateless persons the opportunity to gain nationality on a nondiscriminatory basis.

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.

Elections and Political Participation

Recent Elections: Observers considered the parliamentary elections held on September 11 to be free and fair.

Participation of Women and Minorities: No laws limit the participation of women and/or members of minorities in the political process, and they did participate.

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

Corruption: There were no reports of government corruption and one report of police corruption, a high-profile drug case with the convicted police officer sentenced to 21 years in prison (the longest sentence permitted under the law).

Financial Disclosure: By law income and asset information from the tax forms of all citizens, including public officials, must be made public each year. Failure to declare properly may result in up to two years in prison. Each year officials must declare income, assets, liabilities, and holdings in public companies.

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

Government Human Rights Bodies: The country has ombudsmen for public administration (the parliamentary ombudsman), children, and equality and the LDO. The parliamentary ombudsman is appointed by parliament, while the government appoints the others. All ombudsmen enjoyed the government’s cooperation and operated without government interference. The parliamentary ombudsman and the LDO hear complaints against actions by government officials. Although the ombudsmen’s recommendations are not legally binding, authorities usually complied with them.

Parliament’s Standing Committee on Scrutiny and Constitutional Affairs reviews the reports of the parliamentary ombudsman, while the Standing Committee on Justice is responsible for matters relating to the judicial system, police, and the penal, civil, and criminal codes.

The Norwegian National Human Rights Institution reports directly to parliament on the human rights situation in the country. It makes recommendations to help ensure that the country’s international human rights obligations are fulfilled by advising the government, disseminating public information, promoting education and research on human rights, and facilitating cooperation with relevant public bodies. The organization submits an annual report on human rights in the country.

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and the government generally enforced the law. The penalty for rape is up to 21 years in prison, depending on the severity of the assault, the age of the victim, and the circumstances in which the crime occurred. Very few cases resulted in a sentence longer than three years and four months in prison.

Violence against women, including spousal abuse, was a problem. The law provides penalties for domestic violence of up to six years in prison and up to 21 years for aggravated rape. The government generally enforced the law, although the foundation Oslo Crisis Center continued to criticize the conviction rate (approximately 10 percent) as too low.

The government had programs to prevent rape and domestic violence and to counsel victims. Following the consolidation of police districts from 27 to 12 on January 1, all districts had a domestic violence coordinator.

Public and private organizations operated 47 government-funded shelters and managed five 24-hour crisis hotlines. The Oslo Crisis Center repeated its claim that the network of shelters was too small. Victims of domestic violence have a right to consult a lawyer free of charge before deciding whether to make a formal complaint. If the government initiates criminal proceedings, the victim is entitled to free assistance from a victim’s advocate.

Sexual Harassment: The law provides that “employees shall not be subjected to harassment or other unseemly behavior,” and the government effectively enforced this provision. Employers who violate this law are subject to fines or prison sentences of up to two years, depending on the seriousness of the offense. The LDO concluded that sexual harassment was not an acute problem in the country.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: Women have the same legal status as men, but they experienced discrimination in employment. Approximately 25 percent (43 of 175) of complaints received and investigated by the LDO in 2016 concerned discrimination based on gender. The law mandates that 40 percent of the members of boards of directors of publicly listed companies be women, and virtually all public companies complied with the law.

Children

Birth Registration: Citizenship is derived from one’s parents; children born in the country do not automatically become citizens. All birth clinics in the country reported births to a central birth register and provided the parents with a birth certificate. The birth certificate does not confer citizenship.

Child Abuse: The legal definition of rape includes sexual offenses against children under the age of 14. In 2015, the most recent year data were available, the Norwegian Directorate for Children, Youth, and Family Affairs initiated 43,681 investigations of alleged child abuse and completed 44,100. By the end of 2015, approximately 36,800 children received assistance from the Child Welfare Services, of whom 21,950 received in-home assistance, while 14,850 were removed from their family home.

An independent children’s ombudsman office under the Ministry of Children and Equality is responsible under the law for the protection of children and providing assistance and support services. If criminal proceedings are initiated, the victim is entitled to free assistance from a victim’s advocate.

Early and Forced Marriage: The minimum legal age for marriage in the country is 18 for both women and men, although a 16-year-old child may marry with the consent of parents or guardians and permission from the county governor. The county governor may give permission only when there are “special reasons for contracting a marriage.”

In March the government introduced an action plan for 2017-20 to combat “negative social control” (restricting children’s freedom to living within family or group norms), forced marriage, and female genital mutilation.

Sexual Exploitation of Children: Commercial sexual exploitation of children under the age of 18 is illegal, both in the country and abroad when committed by a citizen of the country. In both cases the punishment is either a fine or a prison sentence of up to two years. Child pornography is also illegal and punishable by a fine or a prison sentence of up to three years. The government generally enforced the laws. The age for consensual sex is 16.

International Child Abductions: The country is 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 travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

Approximately 1,300 Jews lived in the country, 700 of whom belonged to Jewish congregations. Jewish Community leaders reported the public generally supported the community.

In May the Progress Party, the junior member in the governing coalition, expressed its support at a party convention for a law banning ritual circumcision of children under the age of 16. Domestic and international Jewish leaders spoke out against it, and the government stated it would not pursue the issue.

Under the government’s 2016 action plan to counter anti-Semitism, police must work toward including anti-Semitism as a separate category of hate crime in police statistics. The action plan also institutionalized the reporting of anti-Semitic attitudes in society every five years.

The Jewish Community expressed concern over a march of 50 neo-Nazis from the group Nordic Resistance Movement (NRM) that took place in the town of Kristiansand in July.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution and law prohibit discrimination against persons with disabilities in employment, education, transportation, access to health care, the judicial system, and the provision of other governmental services, and the government effectively enforced and implemented these provisions. The law mandates access to public buildings, information, and communications for persons with disabilities. In 2016 there were 10 complaints of problems such as lack of ramps for wheelchair users where there are steps or stairs to enter a building.

In June parliament revised the Equality and Discrimination Act to prohibit discrimination based on disability. The LDO noted the amended law should make identifying and investigating discrimination easier by consolidating several antidiscrimination statutes.

National/Racial/Ethnic Minorities

Discrimination against immigrants, including asylum seekers and irregular migrants, and ethnic minorities remained a problem. Ethnic discrimination occurred in employment.

Racial profiling is against the law, but authorities did not keep records relating to the stop and search of members of vulnerable groups. NGOs such as the Organization against Public Discrimination (OMOD) continued to report complaints of police profiling of members of ethnic and racial minority groups, particularly the young. According to the NGOs, many incidents went unreported to authorities because victims declined to pursue charges. OMOD also described racial discrimination in the housing market and by certain government authorities, such as the welfare service and customs authority.

During the year the NGO Norwegian Center against Racism and other NGOs observed an increase in hateful rhetoric directed at minorities in online commentaries and social media. The NGOs attributed this rise in part to the media’s coverage of perceived anti-immigrant statements by Immigration and Integration Minister Sylvi Listhaug.

The government continued to implement the national strategy against hate speech released in late 2016.

A survey of students with immigrant backgrounds conducted during the summer by the Norwegian Center against Racism found out that one in four such students experienced various forms of racism in school on a regular basis. Other NGOs echoed concerns of pervasive racist sentiments in society.

In June parliament revised the Equality and Discrimination Act to prohibit discrimination based on ethnicity; the revised law was scheduled to enter into force on January 1, 2018. The LDO noted that the amended law should make identifying and investigating discrimination easier by consolidating several antidiscrimination statutes.

In addition to the Sami, five ethnically non-Norwegian groups with a long-standing attachment to the country have a special protected status under the law: Kvens/Norwegian Finns, Jews, Forest Finns, Roma, and Romani/Tater people (a distinct group of travelers who emigrated to Norway and Sweden in the 1500s).

Roma representatives reported widespread discrimination in dealings with government agencies, especially the welfare, education, and child protective service authorities.

The government financially supported the development of a Romani culture house in Oslo, which the community expected to include a kindergarten as well as language and cultural resources. In 2016 an advisory group was formed to help facilitate communication between Romani representatives and the government.

Indigenous People

Although there is no official registry of Sami in the country, as of January 2015 (the latest data available), 55,600 persons of this ethnicity were estimated to live in the northern part of the country. In addition to participating freely in the national political process, the Sami elect their own parliament, the Samediggi. Elections for the Sami parliament were held in September.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation and gender identity. While violence motivated by discriminatory attitudes towards transgender persons is not considered a hate crime, crimes based on discriminatory attitudes towards sexual orientation can be treated as aggravated crimes. In June parliament revised the Equality and Discrimination Act to prohibit discrimination based on gender and sexual orientation; the revised law was scheduled to enter into force on January 1, 2018. The LDO noted that the amended law should make identifying and investigating discrimination easier by consolidating several antidiscrimination statutes.

One police station in Oslo had staff that had special training in hate crimes and reported 41 such cases towards the LGBTI community in 2016. In 2015 there were 33 such cases reported.

Members of the LGBTI community reported four cases of harassment during the Oslo pride event, including one threat of rape and two acts of violence. The Association for Gender and Sexual Diversity also reported a continued rise in online harassment from a neo-Nazi group, the NRM, which chanted slogans such as “crush the gay lobby” during a march in Kristiansand in July.

Transgender persons who are 16 and older (and from age 6 to 16 with parental permission) may change their gender on legal identification documents based on gender identity without having to undergo surgery or physical transformation. During the year 190 persons changed their gender on legal documentation.

Other Societal Violence or Discrimination

The Norwegian Center against Racism reported continued anti-Muslim and anti-immigrant sentiment in society. The Muslim community continued to allege that its complaints were largely ignored in public debate.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, including migrant workers (those who have a work permit in the country), to form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity.

The right to strike excludes members of the military and senior civil servants. With the approval of parliament, the government may compel arbitration in any industrial sector if it determines that a strike threatens public safety. Trade unions criticized the government for intervening too quickly in labor disputes, although the law generally allows unions to conduct their activities without government interference.

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

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced laws against it. A maximum sentence of 10 years’ imprisonment for violations of the law was sufficiently stringent to deter violations. As of September 1, police received 100 reports of violations of the labor law and no reports on forced labor from the Norwegian Labor Inspection Authority (NLIA).

Trafficking discussions in the country generally focused on prostitutes, considered a large victim group. NGOs, such as NOAS, reported on unaccompanied minor asylum seekers who “disappeared” from asylum reception centers and were feared to be victims of trafficking and forced labor. During the year the same concerns applied to those who disappeared from asylum centers after receiving a final rejection of their asylum claims. Children were subjected to forced labor (see section 7.c.).

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

Children between the ages of 13 and 15 may be employed up to 12 hours per week in light work that does not adversely affect their health, development, or schooling. Examples of light work include assistant work in offices or stores. Children under age 15 need parental permission to work and those older than 15 can work as part of vocational training, as long as they are supervised. Between the ages of 15 and 18, children not in school may work up to 40 hours per week and a maximum eight hours per day. The law limits work by children who remain in school to only those hours “not affecting schooling” without specific limits, but less than 40 hours per week. No child may work at night between the hours of 9 p.m. and 6 a.m. Working more than nine hours a week qualifies a child for health benefits.

While employers generally observed minimum age rules, there were reports that children were trafficked for forced labor (see section 7.b.). Children were subjected to forced begging and criminal activity, particularly drug smuggling and theft. Commercial sexual exploitation of children also occurred (see section 6, Children). There were also reports of children forced to work as unpaid domestic help.

d. Discrimination with Respect to Employment and Occupation

Discrimination in employment and occupation occurred with respect to gender and ethnicity. Discrimination against Romani and migrant workers also occurred.

The law provides that women and men engaged in the same activity shall receive equal wages for work of equal value. In 2016 women earned on average 13.9 percent less than men on a monthly basis, according to Statistics Norway. The government attributed this to differences in the professions chosen by women and men and the predominance of women in part-time or public-sector work. The LDO expressed concern that many women were in part-time positions involuntarily because of a tendency in certain industries, such as health and services, to divide work into a large number of part-time positions with no meaningful opportunity for full-time employment. According to Statistics Norway, in the second quarter of the year, nearly 40 percent of women and 17 percent of men worked part time.

Equally qualified immigrants sometimes had more difficulty finding employment than ethnic Norwegians. As of August the unemployment rate among immigrants was 6.1 percent, compared with 2.6 percent among nonimmigrants, according to Statistics Norway. African immigrants had the highest unemployment rate at 10 percent, followed by immigrants from eastern EU countries at 6.9 percent, Asians at 6.6 percent, and South and Central Americans at 6.4 percent.

e. Acceptable Conditions of Work

The law does not mandate an official minimum wage. Instead, minimum wages were set in collective bargaining agreements. Statistics Norway uses 60 percent of the median household income for the relative poverty limit, which in 2015 was 294,000 kroner ($36,000) per year. In 2015, the most recent year data were available, 13 percent of the total population had an income below the poverty limit.

The law provides for premium pay of 40 percent of salary for overtime and prohibits compulsory overtime in excess of 10 hours per week.

The law provides the same benefits for citizens and foreign workers with residency permits but forbids the employment of foreign workers who do not have residency permits. The law provides for safe and physically acceptable working conditions for all employed persons. The NLIA, in consultation with nongovernment experts, sets occupational safety and health standards. The law requires enterprises with 50 or more workers to establish environment committees composed of management, workers, and health-care personnel. Enterprises with 10 or more workers must have safety delegates elected by their employees. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment; authorities effectively protected employees in this situation.

The NLIA effectively enforced laws and standards regarding acceptable work conditions in the formal sector. The number of labor inspectors was sufficient to enforce compliance. The NLIA may close an enterprise immediately if the life or health of employees is in imminent danger and may report enterprises to police for serious breaches of the law. A serious violation may result in fines or, in the worst case, imprisonment. The penalties were sufficient to deter violations.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The country’s law prohibits such practices; however, some prisoners occasionally reported sleep deprivation, exposure to extreme temperatures, beatings, and solitary confinement.

Prison and Detention Center Conditions

Prison and detention center conditions generally met international standards.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions.

Administration: There was no established prison authority to which prisoners could bring grievances concerning prison conditions. There is no ombudsman to serve on behalf of prisoners and detainees; this responsibility falls under the Public Prosecutor’s jurisdiction. Prisoners and detainees did not always have regular access to visitors.

Independent Monitoring: The Oman Human Rights Commission (OHRC), a quasi-independent government-sanctioned body, investigated and monitored prison and detention center conditions through site visits. OHRC authorities investigated claims of abuse but did not publish the results of their investigations, purportedly to protect the privacy of the individuals involved. The law permitted visits by independent human rights observer groups, yet none existed in the country, and there were no reports of independent, nongovernmental observers from abroad requesting to visit the country. Consular officers from some embassies reported difficulties in meeting with prisoners, or delayed notification about detained citizens.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but the law permits the government to detain suspects for up to 30 days without charge. Persons arrested or detained are entitled to challenge in court the legal basis of their detention.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of the Royal Office controls internal and external security and coordinates all intelligence and security policies. Under the Royal Office, the Internal Security Service (ISS) investigates all matters related to domestic security. The Royal Oman Police (ROP), including the ROP Coast Guard, is also subordinate to the Royal Office and performs regular police duties, provides security at points of entry, and serves as the country’s immigration and customs agency. The Ministry of Defense, particularly the Royal Army of Oman (RAO), is responsible for securing the borders and has limited domestic security responsibilities. The Sultan’s Special Force (SSF) facilitates land and maritime border security in conjunction with the ROP, including rapid reaction anti-smuggling and anti-piracy capabilities. Civilian authorities maintained effective control over the ISS, the SSF, the RAO, and the ROP. There were no reports of judicial impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law does not require the ROP to obtain a warrant before making an arrest, but it stipulates that police must either release the person or refer the matter to the public prosecution within specified timeframes. For most crimes, the public prosecutor must formally arrest or release the person within 48 hours of detention; however, in cases related to security, which is broadly defined, authorities can hold individuals for up to 30 days without charge. The law requires those arrested be informed immediately of the charges against them. There was a functioning bail system. Detainees generally had prompt access to a lawyer of their choice. The state provided public attorneys to indigent detainees, as required by law. Authorities generally allowed detainees prompt access to family members. In cases involving foreign citizens, police sometimes failed to notify the detainee’s local sponsor or the citizen’s embassy.

Arbitrary Arrest: The law prohibits arbitrary arrest and detention; however, individuals can be held for up to 30 days without charge.

e. Denial of Fair Public Trial

Although the law provides for an independent judiciary, the sultan may act as a Court of Final Appeal and exercise his power of pardon as chairman of the Supreme Judicial Council, the country’s highest legal body, which is empowered to review all judicial decisions. Principles of sharia (Islamic law) inform the civil, commercial, and criminal codes. The law allows women to serve as judges. Civilian or military courts try all cases. There were no reports judicial officials, prosecutors, and defense attorneys faced intimidation or engaged in corruption.

TRIAL PROCEDURES

The law provides for the right to a fair trial and stipulates the presumption of innocence. Citizens and legally resident noncitizens have the right to a public trial, except when the court decides to hold a session in private in the interest of public order or morals; the judiciary generally enforced this right. While the vast majority of legal proceedings were open to the public, authorities sometimes closed cases concerning corruption, especially cases involving senior government officials and members of the royal family. The government did not uniformly provide language interpretation for non-Arabic speakers.

Defendants have the right to consult with an attorney. Courts provide public attorneys to indigent detainees and offer legal defense for defendants facing prison terms of three years or more. The prosecution and defense counsel direct questions to witnesses through the judge. Defendants have the right to be present, submit evidence, and confront witnesses at their trials. There is no known systemic use of forced confession or compulsion to self-incriminate during trial proceedings in the country. Those convicted in any court have one opportunity to appeal a jail sentence longer than three months and fines of more than 480 rials ($1,250) to the appellate courts. The judiciary enforced these rights for all citizens; some foreign embassies claimed these rights were not always uniformly enforced for noncitizens, particularly migrant workers.

POLITICAL PRISONERS AND DETAINEES

There were no corroborated public reports of political prisoners or detainees; however, in an interview with Saudi newspaper Okaz in October 2016 and in response to a question on the number of political detainees, Minister Responsible for Foreign Affairs Yusuf bin Alawi stated that the government held a “small number.”

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Civil laws govern civil cases. Citizens and foreign residents could file cases, including lawsuits seeking damages for human rights violations, but no known filings occurred during the year. The Administrative Court reviews complaints about the misuse of governmental authority. It has the power to reverse decisions by government bodies and to award compensation.

Appointments to this court are subject to the approval of the Administrative Affairs Council. The court’s president and deputy president are appointed by royal decree based on the council’s nomination. Citizens and foreign workers may file complaints regarding working conditions with the Ministry of Manpower for alternative dispute resolution. The ministry may refer cases to the courts if it is unable to negotiate a solution.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law does not require police to obtain search warrants before entering homes, but they usually obtain warrants from the Public Prosecutor’s Office. The government monitored private communications, including cell phone, email, and internet chat room exchanges. The government blocked most voice-over internet protocol sites, such as Skype and FaceTime. Authorities blocked the import of certain publications, e.g., pornography and religious texts without the necessary permit. Shipping companies claimed that customs officials sometimes confiscated these materials.

The Ministry of Interior requires citizens to obtain permission to marry foreigners, except nationals of Gulf Cooperation Council countries, whom citizens may marry without restriction; authorities do not automatically grant permission, which is particularly difficult for Omani women to obtain. Citizen marriage to a foreigner abroad without ministry approval may result in denial of entry for the foreign spouse at the border and preclude children from claiming citizenship and residency rights. It also may result in a bar from government employment and a fine of 2,000 rials ($5,200).

Despite legal protections for women from forced marriage, deeply embedded tribal practices ultimately compel most citizen women towards or away from a choice of spouse.

a. Freedom of Speech and Press

The law provides for limited freedom of speech and press, but authorities did not always respect these rights. Journalists and writers exercised self-censorship.

Freedom of Expression: The law prohibits criticism of the sultan in any form or medium, as well as any “material that leads to public discord, violates the security of the state, or abuses a person’s dignity or his rights;” “messages of any form that violate public order and morals or are harmful to a person’s safety;” and “defamation of character.” Therefore, it is illegal to insult any public official or private citizen. Authorities have prosecuted individuals for writing about the sultan in a way the government perceived to be negative.

Press and Media Freedom: Media did not operate freely. Authorities tolerated limited criticism in privately owned newspapers and magazines; however, editorials generally were consistent with the government’s views. Although mainstream social debate occurred in media, the government and privately owned radio and television stations did not generally broadcast political material criticizing the government.

In October the Supreme Court upheld previous court rulings and permanently shut down al-Zaman, an independent newspaper. In September 2016 a court had temporarily shut down the publication after it published an article detailing alleged corruption in the Supreme Court. The court sentenced the managing editor, Yousef al-Hajj to one year in prison and chief editor Ibrahim al-Maamari to six months. Journalist Zaher al-Abri was acquitted on appeal. Al-Maamari was released in April, and al-Hajj was released in October.

Authorities required journalists to obtain a license to work; freelance journalists were ineligible for a license.

Violence and Harassment: Some journalists reported near-daily harassment by high-level government officials for printing stories perceived as critical of their particular ministries.

Censorship or Content Restrictions: Headlines in both public and private media print outlets were subject to an official, nontransparent review and approval process before publication. Journalists and writers exercised self-censorship. The law permits the Ministry of Information to review all media products and books produced within or imported into the country. The ministry occasionally prohibited or censored material from domestic and imported publications viewed as politically, culturally, or sexually offensive. In May a court sentenced a local author to three years in prison for “insulting the Sultan,” and “undermining the status of the country” in books published in 2014 and 2016 on the country’s history. Some books were not permitted in the country. There is only one major publishing house in the country, and publication of books remained limited. The government required religious groups to notify the Ministry of Endowments and Religious Affairs before importing any religious materials and submit a copy for the ministry’s files.

Libel/Slander Laws: The government used libel laws and national security concerns as grounds to suppress criticism of government figures and politically objectionable views. Libel is a criminal offense, which allows for a heavy fine and prison sentence.

National Security: The government prohibited publication of any material that “violates the security of the state.”

INTERNET FREEDOM

The law restricts free speech exercised via the internet, and the government enforces the restrictions. The government’s national telecommunications company and private service providers make internet access available for a fee to citizens and foreign residents. Internet access is available via schools, workplaces, wireless networks at coffee shops, and other venues, especially in urban areas.

Authorities monitored the activities of telecommunications service providers and obliged them to block access to numerous websites considered pornographic, or culturally or politically sensitive. The criteria for blocking access to internet sites were not transparent or consistent. Authorities sometimes blocked blogs as well as most video and audio chat technologies, such as Skype.

The Law to Counter Information Technology Crimes allows authorities to prosecute individuals for any message sent via any medium that “violates public order and morals.” The law details crimes that take place on the internet that “might prejudice public order or religious values” and specifies a penalty of between one month and a year in prison and fines of not less than 1,000 rials ($2,600). Authorities also applied the law against bloggers and social media users who insult the sultan.

The government placed warnings on websites informing users that criticism of the sultan or personal criticism of government officials would be censored and could lead to police questioning, effectively increasing self-censorship. During times of regional turmoil, the government also shared posters in social media encouraging users to report others who sought to disturb the peace.

Website administrators or moderators were cautious concerning content and were reportedly quick to delete potentially offensive material in chat rooms, on social networking fora, and on blog postings. Some website administrators posted warnings exhorting users to follow local laws and regulations.

According to the International Telecommunication Union, 70 percent of individuals used the internet in 2016.

ACADEMIC FREEDOM AND CULTURAL EVENTS

The government restricted academic freedom and cultural events. Academics largely practiced self-censorship. Colleges and universities were required to have permission from the Ministry of Foreign Affairs and the Ministry of Higher Education before meeting with foreign diplomatic missions or accepting money for programs or speakers. In June a Western diplomatic mission sought permission to host a college fair for students but was told by the Ministry of Foreign Affairs that interaction with students was forbidden. In October the Ministry allowed foreign diplomatic missions to participate in a government-hosted college fair.

The government censored publicly shown films, primarily for sexual content and nudity, and placed restrictions on performances in public venues. Dancing in restaurants and entertainment venues without a permit also was forbidden by law.

In August 2016 the government closed the AMIDEAST Muscat office, which had prepared local students for education abroad. The office had also facilitated cultural exchange.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for limited freedom of assembly, but the government restricted this right. Government approval more than one month in advance was necessary for all public gatherings of more than nine persons, although the mechanism to obtain approval for public demonstrations was unclear. Authorities enforced this requirement sporadically. A 2014 report from the UN special rapporteur on rights to freedom of peaceful assembly expressed concern with government attempts to limit assembly and association rights and stated individuals seeking reform were “afraid to speak their minds, afraid to speak on the telephone, afraid to meet.”

Private-sector employees in the energy and industrial manufacturing sectors threatened strikes in isolated cases. However, company leadership used incentives like promises of job security and other material benefits to persuade organizers to call off strikes (see section 7.a.).

FREEDOM OF ASSOCIATION

The law provides for freedom of association for undefined “legitimate objectives and in a proper manner.” Examples of such associations include registered labor unions and social groups for foreign nationalities, such as the Indian Social Group. The Council of Ministers limited freedom of association in practice by prohibiting associations whose activities it deemed “inimical to the social order” or otherwise inappropriate. A royal decree in 2014 promulgated a new nationality law that stipulates citizens joining groups deemed harmful to national interests could be subject to revocation of citizenship.

Associations must register with their corresponding ministries, which approve all associations’ bylaws and determine whether a group serves the interest of the country. The time required to register an association ranged from two months to two years. Approval time varied based on the level of preparedness of the applying organization, the subject matter of the organization, its leadership, and the organization’s mission. Formal registration of nationality-based associations was limited to one association for each nationality.

Associations are forbidden from receiving funding from international groups or foreign governments without government approval. Individuals convicted of accepting foreign funding for an association may receive up to six months in jail and a fine of 500 rials ($1,300). Foreign diplomatic missions are required to request meetings with nongovernmental associations through the Ministry of Foreign Affairs by diplomatic note. Associations may not meet with foreign diplomatic missions and foreign organizations without prior approval from the Ministry of Foreign Affairs. The government enforced this law, and all foreign-funded educational and public diplomacy programs required prior government review.

c. Freedom of Religion

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

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of movement within the country and repatriation and the government generally respected these rights. Citizens could generally travel freely outside the country, although that right is not codified. Citizens related to citizens living abroad who criticized the government reportedly were told not to leave the country. The Office of the UN High Commissioner for Refugees (UNHCR) occasionally visited the country but did not maintain an office or personnel locally.

Abuse of Migrants, Refugees, and Stateless Persons: Oman has a large number of female migrant workers from India, Pakistan, Nepal, Bangladesh, Sri Lanka, Ethiopia, Indonesia, and the Philippines, many of whom are employed as domestic workers. NGOs based outside of Oman, such as Human Rights Watch, and embassies of labor-sending countries allege that domestic workers face discrimination, to include physical, sexual, and psychological abuse. The country criminalizes slavery and trafficking, but enforcement is weak. Although forced labor is punished under the country’s labor law, domestic workers are excluded from that law’s protections. Authorities prosecuted six individuals for forced labor, but it was unclear whether any of those cases involved domestic workers.

The government did not allow refugees to remain in the country. Refugees escaping conflict areas, such as Yemen, were allowed to remain in a border camp for a few days and then returned to their country of citizenship, where they could face persecution or torture. In the case of Syrians fleeing conflict in Yemen, the government allowed them to choose a third country as a destination.

In-country Movement: There are no official government restrictions on internal travel for any citizen. The government must approve official travel by foreign diplomats to the Dhofar and Musandam regions. There were reports of many migrant domestic workers having their passports confiscated by employers, who sponsor the foreign workers.

Employers have a great amount of control over these workers. The country’s visa-sponsorship system (kafala) ties migrant workers to their employers and prevents them from changing jobs without their sponsor’s consent. Migrant workers cannot work for a new employer in Oman within a two-year period without the permission of their current employer, even if they complete their contract and the current employer is abusive. Employers can have a worker’s visa canceled arbitrarily. Workers who leave their jobs without the consent of their employer can be punished with fines, deportation, and/or reentry bans.

Foreign Travel: Some foreigners must obtain an exit visa from their employer prior to leaving the country. Exit visas may be denied when there is a dispute over payment or work remaining, leaving the foreign citizen in country with recourse only through local courts. Courts provided recourse to workers denied exit visas, but the process was opaque. In a few cases in 2016, travel bans–through confiscation of passports–were imposed on citizens involved in political activism.

PROTECTION OF REFUGEES

Refoulement: The government did not provide protection to refugees from involuntary returns to countries where their lives or freedom could be threatened. Tight control over the entry of foreigners effectively limited access to protection for refugees and asylum seekers. Authorities apprehended and deported presumed economic migrants from Somalia, Ethiopia, and Eritrea who sought to enter the country illegally by land and sea from the south. Afghans and Pakistanis generally came to the country by boat via Iran. Authorities generally detained these persons in centers in Salalah or the northern port city of Sohar, where they were held an average of one month before deportation to their countries of origin.

Access to Asylum: The laws provide for the granting of asylum or refuge for internally displaced persons, and the government has established a system for providing protection. The ROP’s system for granting asylum and resettlement is not transparent, and the law does not specify a timeframe in which the ROP must adjudicate an asylum application. It is current policy not to recognize refugees from conflict zones, such as Yemen, although temporary medical care to certain Yemeni citizens was provided by the government.

Access to Basic Services: Without an official sponsor, it was difficult for economic migrants to access basic services, such as health care. Many applied to their embassies for repatriation. Some asylum seekers developed strong relationships within their community that informally provided for them while they sought new employment.

The law does not provide citizens the ability to choose their government in free and fair periodic elections based on universal and equal suffrage. The sultan retains ultimate authority on all foreign and domestic issues. With the exception of the military and other security forces, all citizens who have reached 21 years of age have the right to vote for candidates for the Majlis al-Shura and the provincial councils.

Elections and Political Participation

Recent Elections: In 2015 approximately 250,000 citizens participated in the country’s Majlis al-Shura elections for the consultative assembly, or lower house of parliament. Electoral commissions reviewed potential candidates against a set of objective educational and character criteria (at least a high school education and no criminal history or mental illness) before they allowed candidates’ names on the ballot. The Ministry of Interior administered and closely monitored campaign materials and events. There were no notable or widespread allegations of fraud or improper government interference in the voting process. The government did not allow independent monitoring of the elections.

Political Parties and Political Participation: The law does not allow political parties, and citizens did not attempt to form them.

Participation of Women and Minorities: No laws limit participation of women in the political process, and they did participate. During the Majlis al-Shura elections in 2015, voters elected one woman as a representative. Government policy does not recognize minority groups to participate in political life and have roles in government. There were no self-identified minority communities.

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

Corruption: There were reports of government corruption, including in police, ministries, and state-owned companies. Political and social favoritism were widespread in public and private institutions.

Financial Disclosure: Public officials are subject to financial disclosure laws. When selected for disclosure, officials are required to list their finances, business interests, and property, as well as that of their spouses and children. These records are made public, and there are fines associated with noncompliance. The State Audit Authority monitors this process.

No autonomous, officially sanctioned, domestic human rights organizations existed. There were civil society groups that advocated for persons protected under human rights conventions, particularly women and persons with disabilities. These groups were required to register with the Ministry of Social Development.

The government did not support international or domestic human rights organizations operating in the country.

Government Human Rights Bodies: The OHRC, a government-funded commission made up of members from the public, private, and academic sectors, reported on human rights to the sultan via the State Council. The OHRC also published an annual report summarizing the types of complaints it received and how it handled those complained. The OHRC also conducted prison visits and continued a community and school outreach program to discuss human rights with students.

Women

Rape and Domestic Violence: The law criminalizes rape with penalties of up to 15 years in prison but does not criminalize spousal rape. The government generally enforced the law when individuals reported cases. Foreign nationals working as domestic employees occasionally reported that their sponsors or employees of labor recruitment agencies had sexually abused them. According to diplomatic observers, police investigations resulted in few rape convictions.

The law does not specifically address domestic violence, and judicial protection orders from domestic violence do not exist. Charges could be brought, however, under existing statutes outlawing assault, battery, and aggravated assault, which can carry a maximum sentence of three years in prison. Allegations of spousal abuse in civil courts handling family law cases reportedly were common. Victims of domestic violence may file a complaint with police, and reports suggested that police responded promptly and professionally. The government operated a shelter for victims of domestic violence.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits health care practitioners and parents and guardians from performing “traditional practices” that may harm the health of a child, but does not explicitly ban female genital mutilation/cutting (FGM/C). There were no reliable statistics on the prevalence of FGM/C, but some reports suggested it was practiced.

The government held outreach events at mosques, hospitals, and schools and aired television programs about the harm “traditional practices” may have on children.

Sexual Harassment: The country does not have a law against sexual harassment. Sexual harassment has been effectively prosecuted using statutes prohibiting offensive language and behavior.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: The law prohibits gender-based discrimination against citizens. Local interpretations of Islamic law and practice of cultural traditions, in social and legal institutions discriminated against women. In some personal status cases, such as divorce, a woman’s testimony is equal to half that of a man. The law favors male heirs in adjudicating inheritance. Women married to noncitizens may not transmit citizenship to their children and cannot sponsor their noncitizen husband’s or children’s presence in the country.

The law provides for transmission of citizenship at birth if the father is a citizen; if the mother is a citizen and the father is unknown; or if a child of unknown parents is found in the country. The law provides that an adult may become a citizen by applying for citizenship and subsequently residing legally in the country for 20 years or 10 years if married to a male citizen.

Children from a marriage between an Omani woman and a non-Omani man are not eligible for citizenship and are vulnerable to being stateless.

Government policy provided women with equal opportunities for education, and this policy effectively eliminated the previous gender gap in educational attainment. Although some educated women held positions of authority in government, business, and media, many women faced job discrimination based on cultural norms. The law entitles women to paid maternity leave and equal pay for equal work. The government, the largest employer of women, observed such regulations, as did many private-sector employers.

The Ministry of Social Development is the umbrella-organization for women’s issues. The ministry provided support for women’s economic development through the Oman Women’s Association and local community development centers.

Children

Birth Registration: Citizenship is derived from the father. Women married to noncitizens may not transmit citizenship to their children, and there were a few reported cases of stateless children based on this law. Children of unknown parents are automatically eligible for citizenship. Government employees raised abandoned children in an orphanage. Such children receive free education through the university level and a job following graduation. Citizen marriage to a foreigner abroad without ministry approval may preclude children from claiming citizenship rights (see section 1.f.).

Child Abuse: The Ministry of Health noted that sexual abuse most commonly involved children of both sexes between the ages of six to 12 and was committed by close relatives or friends of the family. According to the Child Law, any concerned citizen may report child abuse, and each governorate had an interagency committee that would meet to discuss the allegations and possibly take the child out of the parent’s custody until the allegations was investigated.

Early and Forced Marriage: The age of legal marriage for men and women is 18 years, although a judge may permit a person to marry younger when the judge or family deemed the marriage was in the minor’s interest. Child marriage occurred in rural communities as a traditional practice.

Sexual Exploitation of Children: Commercial sexual exploitation of children and child pornography are punishable by no fewer than five years’ imprisonment. All sex outside of marriage is illegal, but sex with a minor under age 15 carries a heavier penalty (up to 15 years’ imprisonment). Authorities do not charge minors. The country is not a destination for child sex tourism, and child prostitution was rare. Soliciting a child for prostitution is prohibited.

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 travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

There was no indigenous Jewish population. There were no pending cases of anti-Semitic acts, incidents against foreign resident Jews, or public statements by community leaders or officials during the year.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law provides persons with disabilities the same rights as other citizens in employment, education, access to health care, and the provision of other state services. Persons with disabilities, however, continued to face discrimination. The law mandates access to buildings for persons with disabilities, but many older buildings, including government buildings and schools, did not to conform to the law. The law also requires private enterprises employing more than 50 persons to reserve at least 2 percent of positions for persons with disabilities. Authorities did not systematically enforce this regulation.

The government provided alternative education opportunities for more than 1,900 children with disabilities, including overseas schooling when appropriate.

Additionally, the Ministry of Education collaborated with the International Council for Educational Reform and Development to create a curriculum for students with intellectual disabilities within the standard school system, which was in place throughout the year. The minister of education and the minister of health crafted a broad-based, prioritized strategy for various ministries to coordinate on the issue of child autism in the sultanate, including early autism diagnosis and intervention in children.

The Ministry of Social Development is responsible for protecting the rights of persons with disabilities. The Directorate General of Disabled Affairs within the Ministry of Social Development creates programs for persons with disabilities, and implements these programs in coordination with relevant authorities. The directorate was authorized further to supervise all of the ministry’s rehabilitation and treatment centers for persons with disabilities.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced legal, institutional, and social discrimination. The penal code criminalizes consensual same-sex sexual conduct with a jail term of six months to three years. Social and cultural norms reinforced discrimination against openly LGBTI persons.

Public discussion of sexual orientation and gender identity remained a social taboo, and authorities took steps to block LGBTI-related internet content.

Transgender persons were not recognized as a gender class by the government and were not afforded protection from discrimination.

There were no known LGBTI organizations active in the country; however, there were regional human rights organizations that focused on the human rights of LGBTI Omanis. There were no pride marches or LGBTI rights advocacy events.

Information was not available on official or private discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. There were no government efforts to address potential discrimination.

HIV and AIDS Social Stigma

Foreigners seeking residency in the country are tested for HIV/AIDS. If tested positive, the residency permission is denied, and foreigners must leave the country, but there were no known occurrences of this.

a. Freedom of Association and the Right to Collective Bargaining

The law provides that workers can form and join unions, as well as conduct legal strikes and bargain collectively, but with significant restrictions. The law provides for one general federation, to which all unions must affiliate, and which represents unions in regional and international fora. The law requires an absolute majority of an enterprise’s employees to approve a strike, and notice must be given to employers three months in advance of the intended strike date. The law allows for collective bargaining; regulations require employers to engage in collective bargaining on the terms and conditions of employment, including wages and hours of work. Where there is no trade union, collective bargaining may take place between the employer and five representatives selected by workers. The employer may not reject any of the representatives selected. While negotiation is underway, the employer may not act on decisions related to problems under discussion. The law prohibits employers from firing or imposing penalties on employees for union activity, although it does not require reinstatement for workers fired for union activity.

Despite the legal protections in place for labor unions, no independent organized labor unions existed. Worker rights continued to be administered and directed by the General Federation of Oman Trade Unions.

Government-approved unions are open to all legal workers regardless of nationality. The law prohibits members of the armed forces, other public-security institutions, government employees, and domestic workers from forming or joining such unions.

The law prohibits unions from accepting grants or financial assistance from any source without the ministry’s prior approval. By law unions must notify the government at least one month in advance of union meetings. All unions are subject to the regulations of the government federation and may be shut down or have their boards dismissed by the federation.

The government generally enforced applicable laws effectively and respected the right to collectively bargain and conduct strikes, though strikes in the oil and gas industries are forbidden. The government provided an alternative dispute resolution mechanism through the Ministry of Manpower, which acted as mediator between the employer and employee for minor disputes such as disagreement over wages. If not resolved to the employee’s satisfaction, the employee could, and often did, resort to the courts for relief. The country lacked dedicated labor courts, and observers noted the mandatory grievance procedures were confusing to many workers, especially foreign workers. The Ministry of Manpower had sufficient resources to act in dispute resolution, and there were no complaints of lengthy delays or appeals. Foreign and local union leaders reported intimidation from companies for their activities and complained that they were passed over for promotion.

Freedom of association in union matters and the right to collective bargaining exist, but often the threat of a strike can prompt either company action to resolution, or spur government intervention. Strikes rarely occurred and were generally resolved quickly, sometimes through government mediation.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forced or compulsory labor, but domestic workers are not covered by the law. All police officials underwent training in how to identify victims of trafficking in persons to help them identify cases of forced or compulsory labor. There were no reports of police taking actions directly to eliminate forced labor; their focus was on identifying and arresting foreign workers without proper work authorization.

Conditions indicative of forced labor were present. By law all foreign workers, who comprised approximately one-half of the workforce and the majority of workers in some sectors, must be sponsored by a citizen employer or accredited diplomatic mission. Some men and women from South and Southeast Asia, employed as domestic workers or low-skilled workers in the construction, agriculture, and service sectors, faced working conditions indicative of forced labor, including withholding of passports, restrictions on movement, usurious recruitment fees, nonpayment of wages, long working hours without food or rest, threats, and physical or sexual abuse. These situations were generally considered civil or contract matters by authorities, who encouraged dispute resolution rather than criminal action. Authorities continued to rely on victims to identify themselves and report abuses voluntarily, rather than proactively investigating trafficking in vulnerable communities.

Sponsorship requirements left workers vulnerable to exploitative conditions, as it was difficult for an employee to change sponsors (see section 2.d.). The “free visa” system allows sponsors to enable employees to work for other employers, sometimes in return for a fee. This system is illegal, but enforcement is weak and such arrangements left workers vulnerable. Sponsors of domestic workers are allowed to send the worker to another home to work. Some employers of domestic workers, contrary to law, withheld passports and other documents, complicating workers’ release from unfavorable contracts and preventing workers’ departure after their work contracts expired. In some cases employers demanded exorbitant release fees totaling as much as 700 rials ($1,820) before providing a “No-Objection Certificate” to permit the worker to change employers. Without this release letter, foreign workers were required to either depart the country for a minimum of two years, or remain in their current position. There were reports that sponsors were reluctant to provide release letters, which would result in loss of the foreign labor certificate for that position.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 16 years, or 18 for certain hazardous occupations. Children between the ages of 16 and 18 may work only between the hours of 6 a.m. and 6 p.m. and are prohibited from working for more than six hours per day, on weekends, or on holidays. The law allows exceptions to the age requirement in agricultural works, fishing, industrial works, handicrafts, sales, and administration jobs, under the conditions that it is a one-family business and does not hinder the juvenile’s education or affect health or growth.

The Ministry of Manpower and ROP are responsible for enforcing laws with respect to child labor. The law provides for fines for minor violations and imprisonment for repeat violations. Employers are given time to correct practices that may be deemed child labor.

In 2016 the country made a moderate advancement in efforts to eliminate the worst forms of child labor, and the government published a report on the state of child labor in the country. Although the problem does not appear to be widespread, children engaged in the worst forms of child labor, including in commercial sexual exploitation. The government does not publish information on the enforcement of child labor laws and lacks a reciprocal mechanism between the labor inspectorate and social services.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations do not address discrimination based on race, sex, gender, nationality, political views, disability, language, sexual orientation, and/or gender identity, HIV-positive status or other communicable diseases, or social status. Discrimination occurred based on gender, sexual orientation, nationality, and gender identity. For further discussion of discrimination, see section 6.

e. Acceptable Conditions of Work

The minimum wage for citizens was 325 rials ($845) per month. Minimum wage regulations do not apply to a variety of occupations and businesses, including small businesses employing fewer than five persons, dependent family members working for a family firm, or some categories of manual laborers. The minimum wage does not apply to noncitizens in any occupation. Most citizens who lived in poverty, about 8 percent, were engaged in traditional subsistence agriculture, herding, or fishing, and generally did not benefit from the minimum wage. The private-sector workweek is 45 hours and includes a two-day rest period following five consecutive days of work. Government workers have a 35-hour workweek. The law mandates overtime pay for hours in excess of 45 per week.

The government sets occupational health and safety standards. The law states an employee may leave dangerous work conditions without jeopardy to continued employment if the employer was aware of the danger and did not implement corrective measures. Employees covered under the labor law may receive compensation for job-related injury or illness through employer-provided medical insurance.

Neither wage and hour nor occupational safety and health regulations apply to domestic workers.

The Ministry of Manpower is responsible for enforcing labor laws, and it employed approximately 90 inspectors in Muscat and an additional 70 around the country in 2016. It generally enforced the law effectively with respect to citizens; however, it did not effectively enforce regulations regarding hours of employment and working conditions for foreign workers.

Labor inspectors with arrest authority for egregious violations performed random checks of worksites to verify compliance with all labor laws. Approximately 180 inspectors from the Department of Health and Safety of the Labor Care Directorate are responsible for enforcement of health and safety codes, although limited inspections of private-sector worksites are required by law to deter or redress unsafe working conditions in the most dangerous sectors.

The Ministry of Manpower effectively enforced the minimum wage for citizens. No minimum wage existed for noncitizens. In wage cases the Ministry of Manpower processed complaints and acted as mediator. In a majority of cases, the plaintiff prevailed, gaining compensation, the opportunity to seek alternative employment, or return to their country of origin in the case of foreign laborers, although they rarely used the courts to seek redress. The ministry was generally effective in cases regarding minor labor disputes.

The government made insufficient efforts during the year to prevent violations or improve wages and working conditions, which disproportionately affected foreign workers.

Foreign workers were vulnerable to poor, dangerous, or exploitative working conditions. There were reports that migrant laborers in some firms and households who worked more than 12 hours a day without a day off for below-market wages. Employers often cancelled the employment contracts of seriously sick or injured foreign workers, forcing them to return to their countries of origin or remain in the country illegally. Frequently, labor inspections focused on enforcing visa violations and deporting those in an irregular work visa status rather than verifying safe and adequate work conditions.

There are no maximum work-hour limits for domestic workers nor any mandatory rest periods, although the contract between the employer and worker can specify such requirements. There were frequent reports that domestic workers were subject to overwork with inadequate rest periods. Separate domestic employment regulations obligate the employer to provide domestic workers with free local medical treatment throughout the contract period. Penalties for noncompliance with health regulations were insufficient to deter violations, ranging from approximately 10 to 100 rials ($26 to $260), multiplying per occurrence per worker and doubled upon recurrence. Some domestic workers were subjected to abusive conditions.

There was no data available on workplace fatalities or safety.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

Prison and detention center conditions did not meet international standards, but the Ministry of Justice continued efforts to improve them.

Physical Conditions: The country’s only jail in Koror with a capacity of 58 housed 82 inmates. A new jail on the island of Babeldaob was under construction. Authorities detain male and female prisoners in separate areas, but permit them to mingle together during daylight hours.

There were no reports of deaths in prison.

Administration: Authorities investigated allegations of mistreatment.

Independent Monitoring: The government permitted visits by independent human rights observers.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Justice maintained effective control over the national police and marine police, and the government has effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving security forces.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires warrants for arrests, and officials observed the law. The Office of the Attorney General prepares warrants and a judge signs them. The law provides for a prompt judicial determination of the legality of detention, a requirement authorities observed. Authorities informed detainees promptly of charges against them and provided prompt access to family members and lawyers. If a detainee could not afford a lawyer, the public defender or a court-appointed lawyer was available. There is a functioning system of bail.

An arrested person has the right to remain silent and to speak to and receive visits from counsel, a family member, or employer. Authorities must release or charge those arrested within 24 hours, and authorities must inform detainees of these rights.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: A person arrested and detained is entitled to challenge in court the legal basis for arrest or detention. The person could also file a civil lawsuit for unlawful arrest or damage to private property.

e. Denial of Fair Public Trial

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

TRIAL PROCEDURES

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Judges conduct trials and render verdicts. Defendants enjoy a presumption of innocence, the right to be informed promptly and in detail of charges, to a fair and public trial without undue delay, to be present at their trial, to consult with an attorney of choice (or have one provided at public expense), and to adequate time and facilities to prepare a defense. Defendants are entitled to free interpretation services as necessary from the moment charged through all appeals. Defendants may question witnesses and present evidence on their own behalf. They cannot be compelled to testify or confess guilt, and they have the right to appeal. The law extends these rights to all defendants.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals or organizations may seek civil remedies for human rights violations through domestic courts.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

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

INTERNET FREEDOM

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. Internet access was available throughout the country, although sporadic and slow. Although home service was expensive, the price for service at internet cafes allowed most citizens access. Internet access through mobile phones was available in theory, but due to extremely irregular coverage and slow, unreliable satellite-based internet service, smart phone use was limited. High-speed internet via submarine fiber optic cable went live on December 6.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

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 www.state.gov/religiousfreedomreport/.

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the United Nations High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has no established system for providing protection to refugees. The government provided some protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion.

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.

Elections and Political Participation

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

Participation of Women and Minorities: There are no legal, cultural, or traditional obstacles to women’s participation in government and politics, and they did participate.

Government corruption was a problem, and the government took some steps to address it. The law provides criminal penalties for corruption by officials, and officials sometimes engaged in corrupt practices. There were isolated reports of government corruption, and the government took steps to address them.

Corruption: In 2016 an immigration official pled guilty to charges of misconduct and criminal conspiracy to commit forgery. According to the Ministry of Justice, the immigration officer violated conditions of her probation by leaving the country without permission of the court. There is an outstanding warrant for her arrest.

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

Women

Rape and Domestic Violence: Rape, including spousal rape, is a crime punishable by a maximum 25 years’ imprisonment, a fine of $50,000 (national currency is U.S. dollar), or both. Domestic violence is a criminal offense. The law is enforced when police respond to calls of domestic violence; however, many people are reluctant to call police in these situations. The most recent government-sponsored research project on violence against women indicated that approximately 35 percent of women experienced physical and/or sexual violence since the age of 15. There are no shelters for victims of rape and domestic violence. There was a domestic violence counselor available through the Bureau of Public Health. The government conducted public education efforts to combat abuse against women and children.

Sexual Harassment: Sexual harassment is illegal and punishable by a maximum one-year’s imprisonment, a $1,000 fine, or both. There were no reported cases.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: The law provides for the same legal status and rights for women as for men. The constitution provides women and men equal parental rights, privileges, and responsibilities. The inheritance of property and of traditional rank is matrilineal, with women occupying positions of importance within the traditional system. There were no reports of unequal pay for equal work or gender-related job discrimination.

Children

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 years for a man and 16 years for a woman, and women younger than 18 years must obtain parental permission. Underage marriage was not common.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children. The age of consensual sex is 17 years. Continuous sexual assault of a minor younger than 15 years 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. The law does not specifically address 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 travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

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

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution prohibits discrimination against persons with physical or mental disabilities. The Disabled Persons’ Antidiscrimination Act and the Programs and Services for Handicapped Children Act cover persons with mental disabilities and persons with physical disabilities, and the government enforced the provisions of 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 separate programs to address the education needs of students with disabilities that included mainstreaming them with other students.

National/Racial/Ethnic Minorities

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

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

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

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 the right to join and organize labor unions and to bargain collectively; however, there are no laws regulating 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.

There were reports employers forced some foreign workers, particularly domestic helpers and unskilled laborers, to accept jobs different from those for which they had signed contracts. 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 of foreign workers desiring 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 www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age of employment for citizens is 16 years, and the minimum age for noncitizens is 21 years, excluding entertainers applying for temporary identification certificates. The law provides that the government shall protect children from exploitation. By regulation no foreigner younger than 21 years may enter the country for employment purposes, and the government generally enforced this regulation. The Bureau of Labor and Human Resources is responsible for enforcing laws and regulations related to child labor. 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, 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 prohibits employment discrimination against persons with disabilities. The law does not prohibit discrimination with respect to employment or occupation based on sexual orientation and/or gender identity, HIV-positive status, or other communicable diseases. There were no 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

Effective October 2016 the law, which applies only to citizens, increased the minimum wage from $3.25 to $3.50 per hour. There was no data available regarding the official estimate for the poverty income level. The law does not include informal-sector work, such as domestic work; some categories of agricultural work; NGO workers, foreign workers, employees who are students, and temporary or probationary work of students and youths younger than 21 years.

The Bureau of Labor and Human Resources has established some regulations regarding 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.

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

The Division of Labor had three labor inspectors responsible for enforcing minimum wage laws, regulations regarding working conditions of foreign employees, and safety standards and laws. The number of inspectors was not sufficient 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 other violations related to acceptable conditions of work include a range of monetary fines per violation and imprisonment, which were not sufficient to deter violations.

Wages for domestic helpers employed in private households generally were lower than the minimum wage. The country continued to attract foreign workers from the Philippines, China, Bangladesh, the Republic of Korea, and Japan. An Immigration and Labor Monitoring Task Force was established in during the year, which has resulted in the departure of workers due to overstay, working without permits, or unsolvable disagreements between employee and employer.

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, and Bangladesh.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits such practices. In July media reported the government was investigating the possible use of excessive force after 14 civilian correctional officers used batons and tear gas to control inmates who refused to be transported. The Ombudsman’s Office described the event as torture and said it was an uncommon use of force from correctional officers.

In August, four members of the UN Sub-Committee on the Prevention of Torture (SPT) visited for the first time after the country’s 2011 ratification of the UN Optional Protocol to the Convention against Torture. After the visit SPT members publicly exhorted the government to implement the National Mechanism for the Prevention of Torture according to international standards. In response the government opened the application process to hire the first National Mechanism director, who was to be embedded in the Ombudsman’s Office with an independent budget and staff.

Prison and Detention Center Conditions

Prison conditions remained harsh, due primarily to overcrowding, a shortage of prison guards, a lack of adequate medical services, and inadequate sanitary conditions. There were no private detention facilities.

Physical Conditions: As of August the prison system, with an intended capacity of 14,167 inmates, held 16,114 prisoners, down from approximately 17,000 prisoners in 2016. Pretrial detainees shared cells with convicted prisoners due to space constraints. Prison conditions for women were generally better than for men, but conditions for both populations remained poor, with overcrowded facilities, poor inmate security, poor medical care, and a lack of basic supplies for personal hygiene. Older facilities located in the provinces of Cocle and Veraguas lacked potable water and adequate ventilation and lighting. Women inmates had access to more rehabilitation programs than male inmates.

In adult prisons inmates complained of limited time outside cells and limited access for family members. Authorities acknowledged that staff shortages limited exercise time for inmates on certain days. Juvenile pretrial and custodial detention centers also suffered from a lack of prison officials.

One prison, Punta Coco, falls under the control of the Ministry of Public Security rather than the Ministry of Government’s National Directorate of the Penitentiary System (DGSP). In March the Inter-American Commission on Human Rights (IACHR) reiterated its request to close Punta Coco due to the lack of appropriate medical attention for inmates. Lawyers and relatives of the inmates had to travel 66 miles by boat to reach the island. In August authorities transferred 12 inmates temporarily from the Punta Coco facility to a Panama City prison while they upgraded it to international prison standards. The government did not have plans to close down the facility permanently.

During the year the Ministry of Health conducted vaccination campaigns in most prisons. Inmates received vaccines for tetanus, diphtheria, influenza, measles, rubella, and chickenpox. Hypertension, diabetes, dermatitis, HIV/AIDS, tuberculosis, and respiratory illnesses continued to be the most common diseases among the prison population.

Prison medical care overall was inadequate due to the lack of personnel, transportation, and medical resources. As of August there were only 55 medical staff (including physicians, dentists, nurses, and technical staff) assigned to all prisons nationwide. Sixty percent of complaints received by the Ombudsman’s Office from January through August related to the lack of access to medical attention and medications. Officials complained that juvenile detention centers lacked medicines even after the Ministry of Government disbursed large sums to the Ministry of Health for their procurement. Authorities permitted relatives of inmates to bring medicine, although some relatives paid bribes to prison personnel, including Panama National Police (PNP) members, to bypass the required clearances. Authorities transferred patients with serious illnesses to public clinics, but there were difficulties arranging inmate transportation. Because the DGSP did not have ambulances, inmates were transported in police vehicles or in emergency services ambulances when available.

As of August, 10 male inmates had died in custody: four of heart attacks, two of HIV, one from cancer, one from tuberculosis, and one from a stroke. One inmate died in prison because of inmate-on-inmate violence. No information about medical care in these cases was available.

Administration: Prisoners could submit complaints to judicial authorities without censorship and request investigation of credible allegations of inhuman conditions, but authorities did not make the results of such investigations public. The Ombudsman’s Office negotiated and petitioned on behalf of prisoners and received complaints about prison conditions. The Ombudsman’s Office continued to conduct weekly prison visits to prisons in Panama City and Colon and twice a year to prisons elsewhere in the country. The government generally did not monitor its meetings with prisoners.

There were 1,264 prison guards nationwide, including 207 new guards hired during the year. DGSP officials estimated, however, the system required 1,400 guards to staff the prisons adequately. In April all monthly salaries for correctional officers increased from $460 and $690 to $800 (one Panamanian balboa is equal in value to one U.S. dollar).

Independent Monitoring: The government permitted prison monitoring by independent nongovernmental observers. The Roman Catholic nongovernmental organization (NGO) Justice and Peace visited a prison once between January and July. The NGO reported overcrowding and corrupt behavior by prison officials, which included smuggled weapons, cigarettes, and cell phones for the inmates. Human rights NGOs wanting access to prisons during visiting hours must send a written request to the DGSP 15 days in advance.

Improvements: After the September 2016 implementation of the new accusatorial penal system and sentencing reduction arrangements, the adult penitentiary population decreased during the year from 17,000 to approximately 16,000 prisoners. As of August, 247 inmates were granted reduced sentences and 41 were granted conditional releases. For largely similar reasons, the juvenile prison population decreased by almost 50 percent, compared with the previous year.

In September the DGSP began implementing Law 42, which provides a career path for civilian prison officials, technicians, and administrative personnel. The DGSP also opened a new Administrative Career Directorate and inaugurated new facilities for its academy for correctional officers in the central province of Cocle. The La Joyita prison’s 60-bed clinic was remodeled and better equipped, but it operated with limited hours.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his/her arrest or detention in court, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

Panama has no military forces. The PNP is principally responsible for internal law enforcement and public order. Civilian authorities in the Ministry of Public Security and the Ministry of the Presidency maintained effective control over all police, investigative, border, air, maritime, and migration services in the country. The government has mechanisms to investigate and punish abuse and corruption, but information on the process and results of investigations were rarely made public. Due to the lack of prison guards, the PNP was sometimes responsible for security both outside and inside of the prisons. Its leadership expressed concern over insufficient training and equipment.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires arresting officers to inform detainees immediately of the reasons for arrest or detention and of the right to immediate legal counsel. Detainees gained prompt access to legal counsel and family members, and the government provided indigent defendants with a lawyer.

The country completed its transition to an accusatory justice system in 2016, but cases opened prior to September 2, 2016, continued to be processed under the previous inquisitorial system, known for its inefficiencies and bureaucratic hurdles.

Under the accusatorial system, bail exists but is rarely granted. Under the inquisitorial system, a functioning bail procedure existed for a limited number of crimes but was largely unused. Most bail proceedings were at the discretion of the Prosecutor’s Office and could not be independently initiated by detainees or their legal counsel.

The law prohibits police from detaining adult suspects for more than 48 hours but allows authorities to detain minor suspects for 72 hours. In the accusatorial system, arrests and detention decisions were made on a probable cause basis.

Pretrial Detention: Under the inquisitorial system, the government regularly imprisoned inmates for more than a year before a pretrial hearing, and in some cases pretrial detention exceeded the minimum sentence for the alleged crime. According to the director of the DGSP, 54 percent of inmates were pretrial detainees as of September, compared with 66 percent in 2016. Some criticized the judiciary for applying unequal pretrial restrictive measures for individuals facing substantially similar charges. Prosecutors also reported internal pressure from the Public Ministry to prevent release of those accused of crimes pending trial. In an attempt to clear the backlog of thousands of inquisitorial system cases, in June the Supreme Court announced a decision allowing active inquisitorial system cases that had not started investigation by January 1, 2018, to be processed under the accusatory system.

e. Denial of Fair Public Trial

While the law provides for an independent judiciary, the judicial system was inefficient and susceptible to corruption as well as internal and outside influence, and it faced allegations of manipulation by the executive branch.

Courts proceedings for cases in process under the inquisitorial system were not publicly available, while accusatory system cases were. As a result nonparties to the inquisitorial case proceedings did not have access to these proceedings until a verdict was reached. Under the inquisitorial system, judges could decide to hold private hearings and did so in high-profile cases. Consequently the judiciary sometimes faced accusations, particularly in high-profile cases, of procedural irregularities. Since most of these cases had not reached conclusion, however, the records remained under seal. Interested parties generally did not face gag orders, but because of this mechanism, it was difficult to verify facts.

TRIAL PROCEDURES

The law provides for the right to a fair and public trial, and the judiciary generally enforced this right. The law provides that all citizens charged with crimes enjoy the right to a presumption of innocence. They have the right to be informed promptly and in detail of the charges (with free interpretation as necessary for non-Spanish speaking inmates), to a trial without undue delay, to have counsel of their choice, to adequate time and facilities to prepare a defense, to refrain from incriminating themselves or close relatives, and to be tried only once for a given offense. The accused may be present with counsel during the investigative phase of proceedings.

During the year all new criminal cases were tried under the accusatory system. Under the accusatory system, trials were open to the public. Judges may order the presence of pretrial detainees for providing or expanding upon statements or for confronting witnesses. Trials are conducted based on evidence presented by the public prosecutor. Defendants have the right to be present at trial and to consult with an attorney in a timely manner. Defendants may confront or question adverse witnesses and present their own witnesses and evidence. Defendants have a right of appeal. The judiciary generally enforced these rights.

The judiciary complained that many hearings were canceled due to inmates’ failure to appear, especially those involving inmates processed under the old inquisitorial system. This was usually for administrative shortcomings, such as a dearth of PNP agents to transfer the inmates to the courts. Authorities were also aware that available correctional officers and PNP agents focused more on inmates tried under the new accusatory system because the law fines police and correctional officers 100 balboas for failing to deliver an inmate to a hearing.

The judiciary continued to promote videoconference hearings. Judges were increasingly receptive to using this tool, and during the year the government continued to add video conference and hearing rooms to prison facilities.

Judicial response times generally decreased under the new accusatory system. As of June, 104,626 cases were tried under the accusatorial system. During the same period, judicial response time nationwide decreased from an average of 296 days under the inquisitorial system to 42 days under the accusatory system.

POLITICAL PRISONERS AND DETAINEES

There were no credible reports of political prisoners or detainees. Some individuals detained under corruption charges claimed their charges were politically motivated because they had served in former president Ricardo Martinelli’s administration.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Citizens have access to the courts to bring lawsuits seeking damages for, or cessation of, human rights violations, although most do not pursue such lawsuits due to the length of the process. There are administrative and judicial remedies for alleged wrongs, and authorities often granted them to citizens who followed through with the process. The court can order civil remedies, including fair compensation to the individual injured. Individuals or organizations may initiate cases involving violations of an individual’s human rights by submitting petitions to the IACHR.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits arbitrary interference with privacy, family, home, or correspondence, and the government generally respected these prohibitions. The law also sets forth requirements for conducting wiretap surveillance. It denies prosecutors authority to order wiretaps on their own and requires judicial oversight.

The investigation of the 2015 illegal wiretapping case against former president Martinelli, as well as against Alejandro Garuz and Gustavo Perez, two former intelligence directors in his administration, continued during the year.

a. Freedom of Speech and Press

The constitution provides for freedom of expression, including for the press. Some journalists complained of harassment, intimidation, and threats when covering stories of impropriety, corruption, or other crimes involving members of the Ministry of Public Security or members of the public security forces.

Press and Media Freedom: During the year media outlets owned by political and business leaders facing legal proceedings claimed those proceedings limited their freedoms of expression. Media outlets continued to publish and broadcast freely throughout the year. There were anecdotal reports of the government discouraging journalists from publishing stories critical of the administration.

Television channels owners and radio directors linked to opposition parties claimed to be victims of government retaliation for their political views through the opening of corruption investigation against them. In 2016 police arrested NexTV president and former president of the board of directors of the government-run national savings bank Caja de Ahorros, Riccardo Francolini, and former Caja de Ahorros board member and current NexTV anchor and news director Fernando Correa on embezzlement charges unrelated to their media activities.

Violence and Harassment: In 2016 the Ministry of Government submitted a bill that would fine media outlets that published material promoting violence against women. Several journalist unions condemned the bill as an attempt to censor and regulate media content. Pressure from civil society stalled the National Assembly’s approval of the bill. In March the National Assembly approved a revised version of the bill, which transfers responsibility for the fines from the Ministry of Government to the judicial branch.

In April the National Assembly passed a law regulating sexual content in classified advertisements of newspapers, forbidding the publication of sex-work advertisements, in an effort to prevent sex trafficking. Some critics viewed it as a form of censorship.

New media journalists often faced challenges similar to their traditional media counterparts. For example, ClaraMente (a platform launched from Facebook, with a widespread audience) reporters Mauricio Valenzuela and Hugo German reportedly received death threats over the telephone regarding their publications critical of anti-immigration right-wing groups and religious organizations.

INTERNET FREEDOM

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.

The government provided free, wireless internet in public spaces that, when working, reached 86 percent of the population. According to government statistics, two million persons had fixed internet access, representing 50 percent of the population.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. The government provided permits for organized groups to conduct peaceful marches. Nevertheless, police at times used force to disperse demonstrators, especially when highways or streets were blocked. The law provides for six to 24 months’ imprisonment for anyone who, through use of violence, impedes the transit of vehicles on public roads or causes damage to public or private property.

c. Freedom of Religion

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

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government generally cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, persons under temporary humanitarian protection, asylum seekers, and other persons of concern.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The process of obtaining refugee status generally took three to four years, during which asylum seekers did not have the right to work and could not access basic services.

As of July the National Office for the Attention of Refugees (ONPAR) received 2,613 refugee applications, compared with 2,619 in 2016. In 2016 ONPAR reviewed 784 cases for admission and admitted 10 into the asylum process. Approximately 77 percent of the applicants were from Venezuela, and the remaining 23 percent were Colombians, Salvadorans, and Nicaraguans.

In August, following a separate process not involving ONPAR, the country granted asylum to three Venezuelan judges and a consul of the Venezuelan embassy. In September the government approved the asylum request of a Venezuelan Supreme Court alternate justice.

As of September the National Border Protection Force had apprehended 4,833 irregular migrants in the Darien region. Apprehensions were down from 17,306 in 2016 and 31,749 in 2015. Cuban nationals accounted for 716 of the migrants, compared with 5,083 in 2016. In March the government announced it would deport hundreds of Cuban migrants, and in August the government stated that 76 Cuban migrants accepted the offer and would receive 1,600 balboas and a Panamanian tourist visa once back in Cuba. In September authorities began arranging repatriation flights for Cuban migrants. The government continued to manage camps in the Darien region to provide food, shelter, and medical assistance to the migrants. The government reported continued migrations of persons from South Asia and Africa.

According to UNHCR and its NGO implementing partners, thousands of persons living in the country might be in need of international protection. These included persons in the refugee process, persons denied refugee status, and persons who did not apply for refugee status due to lack of knowledge or fear of deportation.

Employment: Refugees recognized by authorities have the right to work, but recognized refugees complained that they faced discriminatory hiring practices. In an effort to prevent this discriminatory practice, ONPAR removed the word “refugee” from recognized refugees’ identification cards.

All foreigners seeking a work contract must initiate the process through a lawyer and pay a government fee of 700 balboas to obtain a work permit that expires upon termination of the labor contract or after one year, whichever comes first.

Access to Basic Services: Education authorities sometimes denied refugees access to education, while refusing to issue diplomas to others if they could not present school records from their country of origin. The Ministry of Education continued to enforce the government’s 2015 decree requiring schools to accept students in the asylum process at the grade level commensurate with the applicants’ prior studies.

Durable Solutions: The law allows persons legally recognized as refugees or with asylum status who have lived in the country for more than three years to seek permanent residency.

STATELESS PERSONS

The government worked with Colombia to recognize approximately 200 stateless persons on the border. In July the governments of Panama and Costa Rica, with the cooperation of UNHCR, set up a mobile registry office on the border with Costa Rica to register indigenous Ngabe and Bugle seasonal workers who travel between Costa Rica and Panama and who had never registered their births in either country.

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot based on universal and equal suffrage. Naturalized citizens may not hold specified categories of elective office, such as the presidency.

Elections and Political Participation

Recent Elections: In 2014 voters chose Juan Carlos Varela Rodriguez as president in national elections independent observers considered generally free and fair. Elected at the same time were 71 national legislators, 77 mayors, 648 local representatives, and seven council members.

Political Parties and Political Participation: The law requires new political parties to meet strict membership and organizational standards to gain official recognition and participate in national campaigns. Electoral reforms passed in May, however, require that political parties obtain the equivalent of 2 percent of the total votes cast to maintain legal standing, a 2 percent reduction from previous requirements. The Revolutionary Democratic Party, Panamenista Party, Democratic Change Party, and Popular Party all complied with the requirement. During the year new political groups registered with the Electoral Tribunal, including the Broad Front for Democracy, the Alliance Party, the Independent Social Alternative Party and Creemos. The Electoral Tribunal provided oversight of internal party elections. On October 15, the Democratic Change Party held internal elections.

Participation of Women and Minorities: No laws limit participation of women and/or members of minorities in the political process, and they did participate.

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively. Corruption remained a problem in the executive, judicial, and legislative branches as well as in the security forces. During the year, however, the government took steps to address corrupt practices among government employees and security forces. Anticorruption mechanisms such as asset forfeiture, whistleblower and witness protection, plea bargaining, and professional conflict-of-interest rules exist.

Corruption: During the year there were several credible allegations of corruption against current or former members of the government. More than a dozen high-ranking officials under the previous administration faced charges of corruption.

Investigations under the inquisitorial system continued of Panama Canal Authority board member Lourdes Castillo and her business partners for alleged payment of bribes in 2014 in exchange for a contract with the Panama Maritime Authority. The administration filed a complaint for alleged overpayment of 12 million balboas made to Castillo and her partners’ corporations.

Corruption and a lack of accountability among police continued to be a problem, although the government took steps to address violations. Agents were dismissed on corruption grounds and were under investigation by the Public Ministry. In January officials dismantled a human trafficking organization and arrested two National Migration Service inspectors suspected of receiving bribes.

In September, Eudocio “Pany” Perez, mayor of La Villa de Los Santos, was arrested on charges of corruption and money laundering for drug trafficking organizations. His assistant, a PNP major, a PNP agent, and seven other individuals were also detained in an operation in which 2.1 tons of illicit substances, 30 cars, and approximately one million balboas were seized.

In 2016 the former Agriculture Institute director general under the current administration, Edwin Cardenas, was detained under charges of mismanagement of more than six million balboas of public funds. The fourth anticorruption prosecutor charged Cardenas for wrongdoings from July 2014 through April 2015. Cardenas was released on bail in February. The case continued under the inquisitorial system.

In August the Second Superior Court ordered the separation from office of the mayor of Chagres in Colon Province on charges of embezzlement and document forgery. The 2012 case was under the inquisitorial system.

Former minister of the presidency Demetrio “Jimmy” Papadimitriu and former minister of public works Jaime Ford, both in the Martinelli administration, were detained in September for alleged links to bribes paid by Brazilian multinational construction company Odebrecht. Both faced money-laundering charges. The cases were under the inquisitorial system.

After two years in a private hospital undergoing medical treatment for an undisclosed illness, former internal revenue director under the Martinelli administration, Luis Cucalon, was taken to prison. Cucalon faced embezzlement charges for favoring a company with a direct contract for tax collection. The case was being processed under the inquisitorial system and saw several delays. Cucalon claimed medical problems and changed lawyers several times to keep moving hearing dates. After four postponements, the judge called for a closed-door hearing in October. Only prosecutors and defense lawyers, in addition to Cucalon, were able to attend. The hearing was closed to media since judges have discretion on whether to allow media presence or not under the inquisitorial system.

Financial Disclosure: The law requires certain executive and judiciary officials to submit a financial disclosure statement to the Comptroller General’s Office. The information is not made public unless the official grants permission for access to the public.

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

Government Human Rights Bodies: The ombudsman, elected by the National Assembly, has moral but not legal authority. The Ombudsman’s Office received government cooperation and operated without government or party interference; it referred cases to the proper investigating authorities.

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, with prison terms of five to 10 years. The government generally implemented criminal aspects of the law better than protection aspects. Rapes constituted the majority of sexual crimes investigated by the PNP and its Directorate of Judicial Investigation.

The law against gender violence stipulates stiff penalties for harassment and both physical and emotional abuse and provides for prison terms of up to 30 years for murder. Officials and civil society organizations agreed that domestic violence continued to be a serious crime.

As of September the Attorney General’s Office reported 13 killings of women in domestic violence-related crimes.

The Ombudsman’s Office continued its program “Mujer Conoce tus Derechos” (Woman, Know Your Rights), which included a wide distribution of flyers.

There was a lack of shelters for victims of domestic abuse. In June the government, through the National Institute for Women’s Affairs, opened a shelter in Puerto Escondido, Colon, for victims of domestic abuse and offered social, psychological, medical, and legal services.

Sexual Harassment: The law prohibits sexual harassment in cases of employer-employee relations in the public and private sectors and in teacher-student relations. Violators face a maximum three-year prison sentence. The extent of the problem was difficult to determine, because convictions for sexual harassment were rare, pre-employment sexual harassment was not actionable, and there was a lack of formal reports.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: The law prohibits discrimination based on gender, and women enjoyed the same legal status and rights as men. The law recognizes joint property in marriages. The law mandates equal pay for men and women in equivalent jobs. The Ministry of Social Development and the National Institute of Women promoted equality of women in the workplace and equal pay for equal work, attempted to reduce sexual harassment, and advocated legal reforms. Although an illegal hiring practice, some employers continued to request pregnancy tests.

Children

Birth Registration: The law provides citizenship for all persons born in the country, but parents of children born in remote areas sometimes had difficulty obtaining birth registration certificates. The National Secretariat for Children, Adolescents, and the Family estimated the registration level of births at 92 percent.

Child Abuse: The Ministry of Social Development maintained a free hotline for children and adults to report child abuse and advertised it widely. The ministry provided funding to children’s shelters operated by NGOs in seven provinces and continued a program that used pamphlets in schools to sensitize teachers, children, and parents about mistreatment and sexual abuse of children.

Early and Forced Marriage: The minimum legal age for marriage is 18. The government prohibits early marriage even with parental permission.

Sexual Exploitation of Children: Officials continued to prosecute cases of sexual abuse of children in urban and rural areas, as well as within indigenous communities. Officials believed that commercial sexual exploitation of children occurred, including in tourist areas in Panama City and in beach communities, although they did not keep separate statistics.

International Child Abductions: The country is 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 Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

Jewish community leaders estimated there were 15,000 Jews in the country. There were no known reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination based on physical, sensory, intellectual, or mental disabilities; however, the constitution permits the denial of naturalization to persons with mental or physical disabilities. The law mandates access to new or remodeled public buildings for persons with disabilities and requires that schools integrate children with disabilities. Despite provisions of the law, persons with disabilities experienced discrimination in a number of these areas.

Panama City’s bus fleet was not wheelchair accessible. Metro elevators were frequently locked and could not be used. A lack of ramps further limited access to the stations. Most businesses had wheelchair ramps and accessible parking spaces as required by law, but in many cases, they did not meet the government’s size specifications.

Some public schools admitted children with mental and physical disabilities, but most did not have adequate facilities for children with disabilities. Few private schools admitted children with disabilities. The high cost of hiring professional tutors to accompany children to private schools–a requirement of all private schools–precluded many students with disabilities from attending.

The government-sponsored Guardian Angel program continued to provide a monthly subsidy of 80 balboas for children with significant physical disabilities. To qualify, the parents or guardian of a child must be living in poverty and must submit a medical certification specifying the degree of the disability and the child’s dependency on another person. Authorities conducted home visits to ensure the beneficiaries’ guardians used the funds for the intended purpose.

In June and July, the Ministry of Labor hosted job fairs for persons with disabilities for positions in the logistics field. Twenty persons were reported hired.

In August experts with the UN Convention on the Rights of Persons with Disabilities visited the country and found that the classification of disabilities by medical authorities did not take into consideration the barriers faced by the individuals with each disability.

National/Racial/Ethnic Minorities

Minority groups were generally integrated into mainstream society. Prejudice was directed, however, at recent immigrants, the Afro-Panamanian community, and indigenous Panamanians. Cultural and language differences and immigration status hindered the integration of immigrant and first-generation individuals from China, India, and the Middle East into mainstream society. Additionally, some members of these communities were reluctant to integrate.

The Afro-Panamanian community continued to be underrepresented in positions of political and economic power. Areas where they lived lagged in terms of government services and social investment. The government created the National Secretariat for the Development of Afro-Panamanians, focused on the socioeconomic advancement of this community. The secretariat was designed to work with the national census to ensure an accurate count of Afro-descendant Panamanians.

The law prohibits discrimination in access to public accommodations such as restaurants, stores, and other privately owned establishments; few complaints were filed. The Ombudsman’s Office intervened in several cases before students with Rastafarian braids were permitted entry into public school classrooms.

There were reports of racial discrimination against various ethnic groups in the workplace. Lighter-skinned persons continued to be overrepresented in management positions and jobs that required dealing with the public, such as bank tellers and receptionists.

Indigenous People

The law affords indigenous persons the same political and legal rights as other citizens, protects their ethnic identity and native languages, and requires the government to provide bilingual literacy programs in indigenous communities. Indigenous individuals have the legal right to take part in decisions affecting their lands, cultures, traditions, and the allocation and exploitation of natural resources. Nevertheless, they continued to be marginalized. Traditional community leaders governed legally designated semiautonomous areas (called comarcas) for five of the country’s seven indigenous groups. The government also unofficially recognized eight other traditional indigenous government authorities. Government institutions recognize that these eight regions have traditionally been and still are organized indigenous settlements and territories not included when the original comarcas were created. Government officers still meet with traditional organized authorities from the community and many have requested recognition of their land via collective titles.

In August the Naso community was granted collective title to 423 acres of land in Bocas del Toro Province. Approximately 30 indigenous communities await grants for collective land titles.

The Ngabe and Bugle continued to oppose the Barro Blanco dam project, which was nearing completion. The Ngabe-Bugle and the government continued to negotiate details of the dam’s operation.

Although the country’s law is the ultimate authority in indigenous comarcas, many indigenous persons misunderstood their rights and, due to their inadequate command of the Spanish language, failed to use available legal channels. In response the government with NGO support conducted information sessions on the accusatory justice system in indigenous comarcas. The government also translated disability rights legislation into indigenous languages.

Societal and employment discrimination against indigenous persons was widespread. In September a Ngabe youth leader alleged that two local celebrities used racial slurs and discriminatory rhetoric to denigrate him and the Ngabes. The youth leader filed a formal complaint at the Public Ministry. Employers frequently denied indigenous workers basic rights provided by law, such as a minimum wage, social security benefits, termination pay, and job security. Laborers on the country’s agricultural plantations (the majority of whom were indigenous persons) continued to work in overcrowded and unsanitary conditions. The Ministry of Labor conducted limited oversight of working conditions in remote areas.

Education continued to be deficient in the comarcas, especially beyond the primary grades. There were not enough teachers in these remote and inaccessible areas, with many multigrade schools often poorly constructed and lacking running water. In June, two teachers died in an accident on the road to their schools in the Ngabe comarca. This sparked a 60-day strike in 43 of the schools in the comarca as teachers demanded better work conditions, including safety bonuses, better life insurance, and improved roads. Access to health care was a significant problem in the indigenous comarcas, despite government investment in more health infrastructure as well as staff. This was reflected in high rates of maternal and infant mortality and malnutrition. The government continued to execute the Indigenous Development Plan jointly developed with indigenous leaders in 2013.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not prohibit discrimination based on sexual orientation. There was societal discrimination based on sexual orientation and gender identity, which often led to denial of employment opportunities.

The PNP’s internal regulations describe homosexual conduct by its employees as against policy and potentially grounds for dismissal. Harassment of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons by security forces was a major complaint of LGBTI rights organizations.

On July 1, LGBTI rights advocates organized without impediment the 13th annual pride parade. For the first time, the president’s spouse participated and was a flag bearer during the parade. For the third year in a row, the Panama City mayor and vice mayor were joined by members of the diplomatic corps.

HIV and AIDS Social Stigma

The law prohibits discrimination against persons with HIV/AIDS in employment and education. Discrimination continued to be common due to ignorance of the law and a lack of mechanisms for ensuring compliance. LGBTI individuals reported mistreatment by health-care workers, including unnecessary quarantines.

The 2015 government’s National Network for the Continued Integral Attention of Persons with HIV/AIDS continued during the year. The Ministry of Social Development collaborated with the NGO PROBIDSIDA to conduct HIV/AIDS outreach to students in public junior and high schools. During the year PROBIDSIDA also worked with the Ministry of Public Security “Barrios Seguros” program to provide HIV/AIDS training and free testing services to at-risk youth from vulnerable communities. Youth who tested positive received medical treatment.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of private-sector workers to form and join unions of their choice subject to the union’s registration with the government. Public servants may not form unions but may form associations that can bargain collectively on behalf of members. In August the Ministry of Labor submitted to the National Assembly a draft law to allow public servants to form unions and bargain collectively.

The law provides for the right of private-sector workers to strike. The Administrative Career Law grants public-sector employees the same right when the strike has been deemed legal and when a minimum percentage of workers cover essential positions, as set out in the law. The right to strike does not apply in areas deemed vital to public welfare and security, including police. The law provides all private-sector and public-sector workers the right to bargain collectively, prohibits employer antiunion discrimination, and protects workers engaged in union activities from loss of employment or discriminatory transfers. It requires reinstatement of workers terminated for union activity.

The law places several restrictions on these rights, including requiring Panamanian citizenship to serve on a trade union’s executive board, requiring a minimum of 40 persons to form a private-sector union (either by company across trades or by trade across companies), and permitting only one trade union per business establishment. The International Labor Organization continued to criticize the 40-person minimum as too large for workers wanting to form a union within a company; domestic unions, as well as the government and private sector, reiterated their support for keeping the figure at 40 individuals.

Forty public servants are required to form a worker’s association. Member associations represent public-sector workers such as doctors, nurses, firefighters, and administrative staff in government ministries. The law stipulates there may not be more than one association in a public-sector institution and permits no more than one chapter per province.

In the private sector, the labor code provides that if the government does not respond to a registration application within 15 days, the union automatically gains legal recognition. In the public sector, unions gain legal recognition automatically if the General Directorate for Administrative Public Sector Careers does not respond to registration applications within 30 days.

A majority of employees must support a strike, which must be related to the improvement of working conditions, a collective bargaining agreement, or in support of another strike of workers on the same project (solidarity strike). In the event of a strike, at least 20 to 30 percent of the workforce must continue to provide minimum services, particularly public services as defined by the law, such as transportation, sanitation, mail delivery, hospital care, telecommunications, and public availability of essential foodstuffs.

Strikes in essential transportation services are limited to those involving public passenger services. The law prohibits strikes for the Panama Canal Authority’s employees but allows unions to organize and bargain collectively on such issues as schedules and safety. It also provides for arbitration to resolve disputes. By law the National Federation of Public Servants (FENASEP), an umbrella federation of 21 public-sector worker associations, is not permitted to call strikes or negotiate collective bargaining agreements. Individual associations under FENASEP may negotiate on behalf of their members. FENASEP leaders noted that collective bargaining claims were heard and recognized, but they reported a lack of changes afterwards, particularly regarding firings without cause. FENASEP discussed structural changes with President Varela to promote equity and provide adequate treatment of the public sector as a sector with established rights like that of unionized groups. During the year FENASEP focused on the lack of job stability, the lack of a policy for salary beyond the minimum wage, salary gap and equal pay for men and women, and the lack of indemnity pay for unjustified firings.

Supreme Court decisions recognize that collective agreements negotiated between employers and unorganized workers have legal status equivalent to collective bargaining agreements negotiated by unions. Executive decrees provide that an employer may not enter into collective negotiations with nonunionized workers when a union exists and that a preexisting agreement with nonunionized workers cannot be used to refuse negotiations with unionized workers. The labor ministry’s Manual of Labor Rights and Obligationsprovides that unorganized workers may petition the ministry regarding labor rights violations and may exercise the right to strike.

An executive decree protects employees from employer interference in labor rights, specifically including “employer-directed unions,” and mandates that workers be able to choose unions freely, without penalty.

Since the beginning of the Varela administration in 2014, the government approved more than 20 applications it received for union formations and denied two based on evidence of company owners’ influence.

In addition to the court system, the Conciliation Board of the labor ministry has the authority to resolve certain labor disagreements, such as internal union disputes, enforcement of the minimum wage, and some dismissal issues. The law allows arbitration by mutual consent, at the request of the employee or the ministry in the case of a collective dispute in a public-service company. It allows either party to appeal if arbitration is mandated during a collective dispute in a public-service company. The separate Labor Foundation’s Tripartite Conciliation Board has sole competency for disputes related to domestic employees, some dismissal issues, and claims of less than 1,500 balboas.

For public-sector workers, the Board of Appeal and Conciliation in the Ministry of the Presidency hears and resolves complaints. The board refers complaints it cannot resolve to an arbitral tribunal, which consists of representatives from the employer, the workers’ association, and a third member chosen by the first two. Tribunal decisions are final.

The government and employers generally respected freedom of association and the right to collective bargaining; however, the inspections and notifications departments lacked funding and inspectors to enforce labor laws adequately. Employers often hired employees under short-term contracts to avoid paying benefits that accrue to long-term employees. Employers in the maritime sector also commonly hired workers continuously on short-term contracts but did not convert them to permanent employees as required by law. The law states that employers have the right to dismiss any employee without justifiable cause before the two-year tenure term. As a result employers frequently hired workers for one year and 11 months and subsequently laid them off to circumvent laws that make firing employees more difficult after two years of employment. This practice is illegal if the same employee is rehired as a temporary worker after being laid off, although employees rarely reported the practice.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced labor of adults or children. The law establishes penalties of 15 to 20 years’ imprisonment for forced labor involving movement (either cross-border or within the country) and six to 10 years’ imprisonment for forced labor not involving movement.

While prostitution is legal, according to media reports, forced labor continued to be a problem in the commercial sex industry, often due to disputes between women and their employers over wage amounts agreed in oral contracts.

Also, see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children under age 14, although children who have not completed primary school may not begin work until age 15. The family code permits children ages 12 to 14 to perform domestic and agricultural work with regard to schedule, salary, contract, and type. The labor code allows children ages 12 to 15 to perform light work in agriculture if the work is outside regular school hours. It also allows children over the age of 12 to perform light domestic work and says employers must ensure the child attends school through primary school. The law does not limit the total number of hours these children may work nor define the light work children may perform. The law prohibits 14- to 18-year-old children from engaging in potentially hazardous work such as work with electrical energy, explosives, or flammable, toxic, and radioactive substances; work underground and on railroads, airplanes, and boats; and work in nightclubs, bars, and casinos.

Youths under age 16 may work no more than six hours per day or 36 hours per week, while those 16 and 17 may work no more than seven hours per day or 42 hours per week. Children under 18 may not work between 6 p.m. and 8 a.m.

The Ministry of Labor generally enforced the law effectively in the formal sector, enforcing child labor provisions in response to complaints and ordering the termination of unauthorized employees. It did not do so in the informal economy. By law violators can be fined up to 700 balboas for a first-time violation. Employers who endanger the physical or mental health of a child may face two to six years’ imprisonment. The law includes punishment of up to 12 years’ imprisonment for anyone who recruits children under age 18 or uses them to participate actively in armed hostilities.

The National Office for Children, Youth, and Family implemented programs to identify children engaged in the worst forms of child labor, to remove them from exploitative situations, and to provide them with services. The Ministry of Labor offered training on the topic of child labor and lessons learned to various stakeholders.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination regarding race, gender, religion, political opinion, citizenship, disability, social status, HIV status and other communicable diseases, but they do not do so on the basis of sexual orientation, and/or gender identity. In October the Ministry of Labor announced the adoption of the UN Development Program’s Gender Equality certification program in the public and private sectors to promote gender equality in the workplace.

Discrimination in employment and occupation occurred with respect to race, sex, gender, disability, sexual orientation and/or gender identity, and HIV-positive status (see section 6). Discrimination against migrant workers also occurred (see section 6).

e. Acceptable Conditions of Work

The minimum hourly wage for private-sector employees does meet the monthly poverty line. Public servants’ monthly minimum wage does meet the monthly poverty line. Food and the use of housing facilities were considered part of the salary for some workers, such as domestic and agricultural workers. Minimum monthly salaries for domestic workers ranged from 225 balboas to 250 balboas. The agricultural sector and the marine and aviation sectors received the lowest and highest minimum wages, respectively.

The law establishes a standard workweek of 48 hours, provides for at least one 24-hour rest period weekly, limits the number of hours worked per week, provides for premium pay for overtime, and prohibits compulsory overtime. There is no annual limit on the total number of overtime hours allowed. If employees work more than three hours of overtime in one day or more than nine overtime hours in a week, excess overtime hours must be paid at an additional 75 percent above the normal wage. Workers have the right to 30 days’ paid vacation for every 11 months of continuous work, including those who do not work full time. The Ministry of Labor is responsible for setting health and safety standards. Standards set were generally current and appropriate for the main industries in the country. The labor code requires employers to provide a safe workplace environment, including the provision of protective clothing and equipment for workers.

The Ministry of Labor generally enforced these standards in the formal sector. The inspection office comprises two groups: the Panama City-based headquarters group and the regional group. As of November within the headquarters there were 34 inspectors reported, including nine general labor inspectors, four child labor inspectors, and 12 safety inspectors in the construction industry. The construction industry paid the salaries of construction industry inspectors, although the inspectors remained ministry employees. The regional branches had 55 inspectors. As of September the Ministry of Labor had conducted labor inspections nationwide. Allowable fines for violations were low and generally insufficient to deter violations. During the year, however, the government levied fines according to the number of workers affected, resulting in larger overall fines. The ministry issued fines for migration violations, for safety and security violations, for general labor issues violations, and for violations related to child labor.

Reports of violations relating to hours of work existed, especially in the maritime sector, where unions reported shifts of 14 to 24 hours. These long shifts reportedly resulted in fatigue-based occupational safety and health risks. Reports also indicated that neither the Maritime Authority nor the labor ministry conducted inspections regarding working conditions in the maritime sector. Canal Zone unions and workers experienced difficulties accessing the justice system to adjudicate complaints due to delays and other deficiencies of the Labor Relations Board, which is the court of first instance on labor matters in the Canal Zone. Reports also indicated violations relating to hours of work for coffee harvest workers, who often lacked formal contracts and were vulnerable to coercion from the employer.

Inspectors from the Ministry of Labor and the occupational health section of the Social Security Administration reported conducting periodic inspections of hazardous employment sites. The law requires the resident engineer and a ministry construction industry inspector to remain on construction sites, establish fines for noncompliance, and identify a tripartite group composed of the Chamber of Construction, SUNTRACS (the largest union of construction workers in the country), and the ministry to regulate adherence.

Most workers formally employed in urban areas earned the minimum wage or more. Approximately 40 percent of the working population worked in the informal sector, and many earned well below the minimum wage. In most rural areas, unskilled laborers, including street vendors and those involved in forestry, fishing, and handicraft production, earned three to six balboas per day without benefits. The Ministry of Labor was less likely to enforce labor laws in most rural areas (see section 6, Indigenous People).

Some construction workers and their employers were occasionally lax about basic safety measures, frequently due to their perception that it reduced productivity. Equipment was often outdated, broken, or lacking safety devices, due in large part to a fear that the replacement cost would be prohibitive.

Workers could not remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities did not effectively protect workers in this situation.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

During the year there were several reports that the government or its agents committed arbitrary or unlawful killings. In May police officers shot and killed a man near his home in West New Britain Province. The four officers involved alleged the victim was involved in an armed robbery but provided no evidence. All four officers were charged with murder and remained in detention pending a court date.

Public concern about police and military violence against civilians and about security forces’ impunity persisted.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution prohibits torture, individual police officers frequently beat and otherwise abused citizens or suspects before or during arrests, during interrogations, and in pretrial detention. There were numerous press accounts of such abuses, particularly against young detainees. In May drunk police officers from the Waigani police station in Port Moresby beat a prominent doctor. The Police Internal Affairs Unit suspended the officers involved after the National Doctors Association threatened to go on strike in protest of widespread police brutality. In June, four of the officers involved in the incident were arrested, and in October, one of them was charged.

There were reports that police raped and sexually abused women while in detention. In December 2016 a police officer and male detainees in a Port Moresby police station raped a woman who was in detention. Authorities terminated the officer, while most of the detainees remained at large after breaking out of the police station immediately after the incident.

Prison and Detention Center Conditions

Despite minor physical improvements and increased attention to rehabilitation programs, prison conditions remained poor, and the prison system continued to suffer from serious underfunding, inadequate medical facilities, and overcrowding in some facilities.

Physical Conditions: The country’s prisons were overcrowded. Infrequent court sessions, slow police investigations, and bail restrictions for certain crimes exacerbated overcrowding. The Correctional Service Commissioner also suggested that the difficulty and high cost of transporting detainees between provinces could lead to overcrowding. Two prisons, in Wabag, Enga Province, and Tari, Hela Province, remained closed due to tribal conflicts and unresolved land disputes. Facility closures forced the relocation of prisoners to other facilities, which the National Court considered a human rights concern. The Mukurumanda Correctional Institution in Enga could not open during the year because of a dispute between the court and Correctional Services. The court alleged that Correctional Services was unable to meet the basic human rights of prisoners by providing them with water and sanitation, adequate space, and sufficient food.

Pretrial detainees frustrated by the slow processing of their cases were the leaders of prison breaks, which were common. Authorities held pretrial detainees in the same prisons as convicted prisoners but in separate cells. In eight prison breaks throughout the year, 177 persons escaped, and prison guards shot and killed 19 of the escapees. The largest breakout was from Buimo jail in Lae, where 58 persons escaped and prison guards shot and killed 17 of the escapees. A Correctional Services report on the incident concluded that the officers were acting in self-defense, and no disciplinary action was taken against the officers. In May after the Buimo prison escape, data obtained by a news agency revealed that many of the pretrial detainees who escaped had been waiting up to nine years for a trial.

All of the operating prison facilities had separate accommodations for juvenile offenders. The Department of Justice and attorney general operated four juvenile facilities, and the Roman Catholic Church operated three juvenile reception centers to hold minors awaiting arraignment prior to posting of bail. Human Rights Watch reported authorities routinely held juveniles with adults in police detention cells, where older detainees often assaulted the younger detainees. In February, seven inmates physically and sexually assaulted two juvenile detainees in Buimo jail. Police sometimes denied juvenile court officers access to detainees. Authorities usually held male and female inmates separately, but some rural prisons lacked separate facilities.

Sanitation was poor, and prisoners complained that rations were insufficient. In August the national court ruled that food provided at the country’s largest prison did not meet nutritional standards set out by law. The court ordered Correctional Services to provide more nutritionally balanced meals in all prisons. A number of prisons experienced problems with inadequate ventilation and lighting.

The Manus Island regional refugee processing center, paid for by the Australian government, officially closed on October 31. On November 20, approximately 350 men remained in the RPC and refused to leave. Immigration authorities stopped providing water, electricity, and food services to the RPC when it closed on October 31, leaving those that remained with dwindling supplies. The government continued to encourage the holdouts to transfer voluntarily to newer facilities, the East Lorengau Refugee Transit Center (ELRTC), which had been built for refugees, and Lorengau West, which had been constructed primarily to house rejected asylum seekers.

In June the Australian government reached a court settlement with the nearly 2,000 refugees and asylum seekers who had been held on Manus Island starting in 2012 for illegally detaining them in dangerous and hostile conditions. Australia claimed that the settlement was not an admission of liability, but media and independent reports revealed those in the RPC were often subjected to physical abuse by security forces and were living in overcrowded and substandard accommodations for prolonged periods. Furthermore, detainees had inadequate access to basic services throughout the duration of their time in the RPC, including water and hygiene facilities, education, and health services, including for mental health.

Administration: The government mandated the Ombudsman Commission to visit prisons, but the commission lacked adequate resources to effectively monitor and investigate prison conditions. Their most recent prison visit was in 2015, funded by the government of Australia. Authorities generally allowed family visits, and the International Committee of the Red Cross (ICRC) assisted family visits to Bougainville prisoners held in Kerevat Correctional Institution in East New Britain Province and Bekut Correctional Institution on Buka Island.

Independent Monitoring: The government permitted monitoring visits by independent observers. During the year the ICRC and the Office of the UN High Commissioner for Human Rights (OHCHR) visited facilities in the country.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention, but police frequently detained citizens arbitrarily without evidence. In some cases police detained family members of suspects to force their surrender. In April, six reserve police officers arrested a mother and daughter who were selling food and drink on the street. The officers stole their items and sexually assaulted the mother. Police arrested the six officers after the woman’s husband filed a formal complaint. Persons have the right to challenge the lawfulness of their arrest or detention in court, but the government did not always respect this right.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Royal Papua New Guinea Constabulary (RPNGC) is responsible for maintaining internal security in all regions of the country. The RPNGC commissioner reports to the minister of police. The Autonomous Region of Bougainville maintains its own police force and minister of police with authority to enforce local law, but the RPNGC retains authority over the Bougainville police in enforcement of national law. The Papua New Guinea Defense Force (PNGDF) is responsible for maintaining external security but also has some domestic security responsibilities. Clan rivalries and a serious lack of resources and discipline diminished police effectiveness and hampered internal security activities throughout the country. Societal violence, particularly among tribes, was commonplace, and in many cases police lacked sufficient personnel or resources to prevent attacks or respond effectively to them. Warring tribal factions in rural areas often were better armed than local police, and authorities often tolerated intertribal violence in isolated rural areas until the tribes themselves agreed to a negotiated settlement. Security for national elections was the responsibility of police with limited additional funding or manpower.

Civilian authorities maintained control over the RPNGC and PNGDF, although impunity was a serious problem. In February police assaulted a man who was at a police station to report an incident. He was physically and verbally abused, locked up for eight hours, and later released. The case was reported to the RPNGC Internal Affairs Office, but no action was taken against the officers, according to media reports.

The RPNGC Internal Affairs Office investigates, and a coroner’s court reviews, police shootings of suspects and bystanders. If the court finds the shooting was unjustifiable or otherwise due to negligence, authorities may try the officers involved. Families of persons killed or injured by police may challenge the coroner’s finding in the National Court, with the assistance of the Office of the Public Solicitor. Investigations remained unresolved in many cases, largely due to a lack of funding and resources to complete investigations, especially in rural areas where such shootings often occurred. Additionally, police officers’ reluctance to give evidence against one another and witnesses’ fear of police retribution undermined investigations.

The Ombudsman Commission deals with public complaints and concerns regarding police officers. In January the Police Internal Affairs unit established a partnership with the State Solicitor, Ombudsman Commission, and Transparency International to address police conduct and allegations of police brutality. During the launch police told media that in 2016 more than 100 officers were referred to the unit for disciplinary action and 54 were terminated as a result. The other 46 were dealt with administratively through suspension and/or demotion.

To improve the RPNGC’s professional capacity, it accepted training, including on human rights, from a number of foreign governments and international nongovernmental organizations (NGOs). As part of the Papua New Guinea-Australia Policing Partnership, Australian Federal Police officers provided advisory support to the National Fraud and Anti-Corruption unit and national police training through the Bomana Police College. All training provided under the partnership applied human rights principles. The Australian Federal Police also provided advisory officers to police in Port Moresby and Lae to improve law enforcement capacity. The International Organization for Migration (IOM) had an agreement to provide training for new police recruits on human rights, human trafficking, and exploitation. The ICRC facilitated workshops on international human rights law and policing standards for officers from the RPNGC in Port Moresby, Mount Hagen, and Bougainville. The OHCHR developed human rights modules and delivered them to police mobile response units in seven provinces.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

By law police must have reason to believe that a crime was, is being, or is expected to be committed before making an arrest. A warrant is not required, but police, prosecutors, and citizens may apply to a court for a warrant. Police normally do so only if they believe it would assist them in carrying out an arrest. Judicial authorization is usually provided promptly but is not requested in the majority of cases. There were numerous reports of persons detained for weeks without charges or judicial authorization. These suspects may be charged with minor offenses and released after bail is paid. Only national or Supreme Court judges may grant bail to persons charged with murder or aggravated robbery. In all other cases, police or magistrates may grant bail. If bail is denied or prolonged, suspects are transferred to prisons and can wait for years before they appear before a judge. Arrested suspects have the right to legal counsel and to be informed of the charges against them; however, the government did not always respect these rights. Detainees may have access to counsel, and family members may have access to detainees.

Pretrial Detention: Approximately 40 percent of the prison population was in pretrial detention. Due to very limited police and judicial resources and a high crime rate, authorities often held suspects in pretrial detention for lengthy periods. According to correctional services data, detainees waited up to three years before trial, sentencing, or release, but there were media reports of detainees waiting up to nine years. Although pretrial detention is subject to strict judicial review through continuing pretrial consultations, the slow pace of police investigations, particularly in locating witnesses, and occasional political interference or police corruption frequently delayed cases for years. In addition, there were delays due to infrequent circuit court sittings because of shortages of judges and travel funds.

e. Denial of Fair Public Trial

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

TRIAL PROCEDURES

The law provides for a presumption of innocence and due process, including a public trial, and the court system generally enforced these provisions. Judges conduct trials and render verdicts. Defendants have the right to an attorney, to be informed promptly and in detail of charges against them, to be present at their trial, to free interpretation services if desired, and to not be compelled to testify or confess guilt. The Public Solicitor’s Office provides legal counsel for those accused of “serious offenses” (charges for which a sentence of two years or more is the norm) who are unable to afford counsel. Defendants and their attorneys may confront witnesses, present evidence, plead cases, and appeal convictions. The shortage of judges created delays in both the trial process and the rendering of decisions.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent and impartial judiciary for individuals and organizations to seek civil remedies for human rights violations. The national court established a human rights track to fast-track cases of alleged human rights abuses. Through this track the national court may award civil remedies in cases of human rights abuses. District courts may order “good behavior bonds,” commonly called “protection orders,” in addition to ordering that compensation be paid for violations of human rights. Courts had difficulty enforcing judgments. In addition, largely unregulated village courts adjudicated many human rights matters. Village and district courts often hesitated to interfere directly in domestic matters. Village courts regularly ordered payment of compensation to an abused spouse’s family in cases of domestic abuse rather than issuing an order to detain and potentially charge the alleged offender.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

Although the constitution prohibits such actions, there were instances of abuse. Police raids, searches, and forced evictions of illegal squatter settlements and suspected criminals often were marked by a high level of violence and property destruction. In June police in Port Moresby forcefully evicted settlers using firearms and allowed bulldozers to demolish homes to make way for a commercial project. The operation destroyed 218 homes, 10 stores, and five chicken farms. In March a human rights association made up of persons living close to the Porgera Mine alleged that police working for the mining company carried out forced evictions, burning up to 50 homes. The company denied any involvement with the raid, and police claimed the homes were illegal.

Police units operating in highland regions sometimes used intimidation and destruction of property to suppress tribal fighting. Police threatened and at times harmed family members of alleged offenders.

The constitution provides for freedom of expression, including for the press, and the government generally respected these rights. Newspapers sometimes reported on controversial topics, although many journalists complained of intimidation aimed at influencing coverage by agents of members of parliament and other government figures. Self-censorship by journalists was common, especially when reporting on contentious political events.

Freedom of Expression: The government generally respected freedom of speech, although some activists reported the intimidating presence of unmarked vehicles outside of their homes. Critics of the government on social media reported intimidation and threats. In 2016 the government amended the penal code to apply the provisions of a new cybercrime law (see section 2.a., Internet Freedom). Members of parliament applauded passage of the bill and said that it would allow the government to punish those who used social media to incite violence or break the law. Many civil society groups alleged the law was an attempt to curb criticism of the government. In July the electoral commissioner obtained a court order to silence a blogger who was critical of his administration of the parliamentary elections. The media council viewed this court order as an attempt to suppress free speech.

Press and Media Freedom: Media members alleged substantial bribes often were offered to journalists and editors with the intent of buying favorable coverage. Multiple media outlets asserted their journalists, photographers, and videographers experienced intimidation or bribery attempts from some parliamentarians and their associates during the year. In July election officials and police barred journalists from entering some vote counting rooms around the country.

Violence and Harassment: Journalists were subject to harassment, intimidation, and in some cases violence at the hands of police and supporters of parliamentarians for their reporting. In May supporters of a parliamentarian assaulted a television crew while shooting footage of a rally. In July a candidate for parliament verbally and physically harassed a reporter, accusing him of misreporting.

INTERNET FREEDOM

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. Internet access remained limited but continued to grow through the use of mobile phones. The growth of internet access resulted in increased use of social media and blogs to discuss and develop evidence of abuse of power and corruption in government, especially ahead of the national election.

The 2016 Cybercrime Code allows for investigation and/or prosecution of offenses including defamatory publication of material concerning another person, unlawful disclosure of classified information, and using electronic systems to incite any form of unrest (called cyber-unrest). Responsibility for enforcing the law lies with police. The law calls for up to 25 years in prison and fines up to 50,000 Papua New Guinea kina ($15,700) for violations.

Media reported three cases of persons charged under the new law but were never convicted because the courts, police, and relevant government agencies do not yet understand the different roles and responsibilities of various actors in implementing the new law. The charges related to character deformation on social media. The three implicated persons were on bail pending court interpretation. The Department of Information and Communication and the National Information and Communication Regulation Authority conducted workshops with police and courts during the year to clarify how the law would be implemented.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

The constitution provides for the freedoms of peaceful assembly and association; however, the government limited the freedom of peaceful assembly by not issuing permits routinely.

FREEDOM OF PEACEFUL ASSEMBLY

Public demonstrations require police approval and 14 days’ advance notice. Asserting a fear of violence from unruly spectators, police rarely gave approval. If public demonstrations occurred without official approval, police normally requested crowds to disperse. If that failed, and if violence or public disturbances ensued, police used tear gas and fired shots in the air to disperse crowds.

In 2016 students at the University of Papua New Guinea attempted to stage a protest calling for Prime Minister O’Neill to step down. After several weeks of trying and failing to obtain a permit, students and other protesters gathered to march toward parliament. Police intercepted the crowd and opened fire; more than 20 protesters were injured. The incident sparked unrest nationwide, and many human rights groups, including Amnesty International and Transparency International, condemned the use of high-powered firearms to shoot unarmed protesters. The government launched a commission of inquiry into the incident, but as of October it had not released the results of separate inquiries by police and the Ombudsman Commission.

c. Freedom of Religion

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

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the United Nations High Commissioner for Refugees (UNHCR), the IOM, and other humanitarian organizations in providing protection and assistance to internally displaced persons (IDPs), refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Asylum seekers and refugees were sometimes subjected to abuse by security forces and the local population. In April Australia’s Senate Standing Committees released findings from a seven-month inquiry into allegations of serious abuse in the detention center on Manus Island. The inquiry documented evidence that asylum seekers were exposed to physical violence, sexual assault, and medical neglect leading to death, and collected “indisputable” evidence of correspondingly widespread mental health problems that led to self-harm.

In August police found the body of Iranian refugee Hamed Shamshiripour hanging from a tree in Lorengau town on Manus Island, and in October a second refugee, Rajeev Rajendran, from Sri Lanka was found dead at the Lorengau hospital in Manus, also a suspected suicide. Rajendran had previously been admitted to the hospital for attempted suicide. Human rights groups alleged that both men suffered from mental illness, exacerbated by frequent clashes with local police, and that both men’s lives could have been saved had they received proper mental health services.

In April, PNGDF personnel shot toward the Manus Island RPC, injuring nine individuals, two of whom were asylum seekers. According to media reports, the officers were drunk and were angry over allegations that asylum seekers had invited a young boy into the center. Tensions between detainees and local police and residents remained high.

INTERNALLY DISPLACED PERSONS (IDPS)

The IOM estimated that as of November, more than 90,000 persons were internally displaced. Natural disasters, including flooding and volcanic eruptions, caused nearly 72 percent of displacements, while tribal violence, ethnic clashes, and land disputes were responsible for approximately 28 percent. Displacement was generally protracted, with families living in temporary situations for more than one year on average. These populations were vulnerable because of their lack of access to land, basic services, and protection. Women and children were especially susceptible to abuse. The government has no policy or legislation to address the needs of IDPs, and host communities often reacted with violence to displaced populations.

PROTECTION OF REFUGEES

Access to Asylum: While the law does not formally provide for the granting of asylum or refugee status, legislation passed during the year established a refugee status determination process. Since 2014 the law has allowed individuals from the Indonesian province of Papua (formerly Irian Jaya) to apply for Papua New Guinea citizenship without having to pay the usual required fee.

The government maintains two agreements with Australia on refugees. The first allows Australia to send asylum seekers to Manus Island (see sections 1.d. and 2.d., Abuse of Migrants, Refugees, and Stateless Persons) for processing only. The second allows asylum seekers to resettle in Papua New Guinea. International organizations, NGOs, and civil society groups in the country raised questions about the constitutionality of the latter agreement.

In May, Australian authorities announced that they would close the Manus Island RPC by the end of October. In July authorities began cutting essential services to portions of the center, including water, electricity, and telephones, to encourage residents to move to the East Lorengau Refugee Transit Center. These services were cut completely on October 31. The ELRTC could hold between 200 and 300 persons at its existing capacity, but some refugees refused to move there because they said it was unsafe. As of November 20, the ELRTC held 204 refugees, with 18 refugees at Lorengau West, while approximately 350 refugees and rejected asylum seekers remained in the RPC.

The Immigration and Citizenship Service Authority (ICSA) was trained by Australian Immigration and Border Protection and UNHCR on how to make refugee status determinations. ICSA officers are responsible for processing refugee claims by those on Manus Island. As of October 610 were determined to be genuine refugees, 201 had their claims denied, and another 598 had accepted the voluntary departure package, which in some cases included cash amounts up to $25,000, offered by Australia and Papua New Guinea authorities. The remaining men were either deported, sent to Australia for medical treatment, settled in Papua New Guinea or the United States, or had passed away.

ICSA worked with the support of international organizations and NGOs to provide training, job matching, and temporary financial support to help refugees establish themselves in the country. Resettlement efforts were problematic, however, as several refugees who tried to resettle in the country became victims of crime. As of September, seven refugees had been able to establish themselves successfully in the country while another 24 had started the process. The remaining refugees were waiting to see what other options would become available, including possible resettlement in the United States.

Durable Solutions: The national refugee policy provides a way for Indonesian Papuans to apply for Papua New Guinean citizenship without having to pay the 10,000 kina ($3,130) citizenship fee. ICSA estimated that between 10,000 and 15,000 Indonesian Papuans lived in Papua New Guinea. Since 2014 more than 2,385 Indonesian Papuans have received citizenship certificates under this policy, including 1,385 in April.

Temporary Protection: The government provided temporary protection to individuals from Papua who may not qualify as refugees. Approximately 3,000 persons, classified by the government as “border crossers,” lived in villages adjacent to the border with Indonesia, and approximately 2,400 lived in urban areas, including the capital, Port Moresby.

The constitution provides citizens the ability to choose their government through free and fair elections. Citizens exercised this right through periodic but flawed elections based on universal and equal suffrage. While voting is supposed to take place by secret ballot, the secrecy of the ballot was routinely compromised during elections, and assisted voting was common.

Elections and Political Participation

Recent Elections: The most recent general election took place in June, and local government elections took place in 2013. Bribery, voter intimidation, and undue influence were widespread in some parts of the country during the general elections. There were also many incidents of violence and destruction of property, primarily in the Highlands, during the voting period, causing the deaths of at least 40 individuals, including four police officers. The Electoral Commission announced the results of the winner of the last seat (Southern Highlands) in parliament in late September, two months after voting concluded. According to media reports, this set off a new wave of violence and unrest, which sent the town of Mendi into a “state of chaos” as supporters of the losing candidate destroyed and damaged local offices and businesses.

An observer group from the Commonwealth Secretariat noted that the Electoral Commission faced funding shortages and logistical challenges, which were partly to blame for significant problems with the voter registration process. A large number of voters’ names were missing from the voter rolls, which delayed voting in multiple provinces. The campaign period was competitive and broadly peaceful, and media coverage of the election was robust and largely unrestricted. Papua New Guineans turned out in large numbers to cast their votes, although there were variations in voting practices across the country. In some areas voting was peaceful and followed procedure, while in other areas ballot secrecy was not respected, and there was group voting. All observer groups expressed disappointment that the government did not implement recommendations provided after the 2012 national elections, which included an immediate and thorough updating of the voter rolls.

After the general election, the National Court registered 77 election petitions that alleged illegal practices.

Political Parties and Political Participation: There were no restrictions on party registration, and 45 parties contested the national elections. Several parties alleged that sitting members of parliament used government resources for campaigning, although the lack of transparency in accounting for funds made this claim hard to verify. The Ombudsman Commission issued a directive to freeze public funds controlled by parliamentarians starting when the election officially opened on April 20. The commission reported after the election, however, that there was an unusually high amount of money withdrawn from these accounts in the 30 days before the freeze went into effect.

In some areas tribal leaders determined which candidate a tribe would support and influenced the entire tribe to vote for that candidate.

Participation of Women and Minorities: No laws limit the participation of women and/or members of minorities in the political process, but the deeply rooted patriarchal culture impeded women’s full participation in political life. No women were elected to the 111-seat parliament. The political participation of women was often limited, since there were social expectations for them to vote along tribal and family lines. The Electoral Commission instructed polling officials to create separate lines for women in order to allow them to vote more freely. There were five female judges in the national and supreme courts, and the Chief Magistrate and Deputy Chief Magistrate were women.

There were three minority (non-Melanesian) members of parliament and several others of mixed parentage. In general, minorities did not face limitations in running for office.

The law provides criminal penalties for corruption by officials; however, the government did not always implement the law effectively, and officials often engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year. Corruption at all levels and in all organs of government was a serious problem due to weak public institutions and governance, lack of transparency, politicization of the bureaucracy, and misuse of public resources by officials to meet traditional clan obligations. Corruption and conflicts of interest were of particular concern in extractive industries, particularly the logging sector, and in government procurement.

The Ombudsman Commission and Public Accounts Committee are key organizations responsible for combating government corruption. The Public Accounts Committee is a permanent parliamentary committee established by the constitution with a mandate to examine and report to parliament on public accounts and national property.

The Ombudsman Commission met with civil society and at times initiated action based on input received. Although civil society organizations engaged with individual members of the Public Accounts Committee, the committee was less receptive to public input and generally did not seek to engage with civil society. The Public Accounts Committee generally operated independently of government influence but lack of trained staff hindered its effectiveness. Neither body had sufficient resources to carry out its mission. The government appointed a chief ombudsman in May after a two-year delay. The former chief ombudsman believed his appointment was allowed to lapse due to his efforts to investigate the prime minister for corruption-related offenses.

In April the temporary interagency body known as Investigation Task Force Sweep officially ceased operations, citing a complete lack of funding and political support.

Corruption: In February the prime minister suspended two cabinet ministers, four department heads, the state solicitor, and other senior government executives for their involvement in the Manumanu land scandal. According to leaked government memos, a company belonging to family members of one of the ministers received 46.6 million kina ($14.6 million) for land that it did not legally own. Outcry from the general public and customary owners of the land led the prime minister to announce a commission of inquiry. The Ombudsman Commission also announced it would investigate the deal, but as of September neither report was complete. The government did not file criminal charges or pursue sanctions against these executives, and both ministers were re-elected in July and given new ministerial portfolios.

Financial Disclosure: Public officials are subject to financial disclosure laws as stipulated in the leadership code of conduct. The Ombudsman Commission monitored and verified disclosures and administered the leadership code, which requires leaders to declare, within three months of assuming office (and annually thereafter), their assets, liabilities, third-party sources of income, gifts, and all beneficial interests in companies, including shares, directorships, and business transactions. The public did not have access to government declarations. Sanctions for noncompliance range from fines to imprisonment.

Women

Rape and Domestic Violence: Gender-based violence, including sexual violence, gang rape, and intimate-partner violence was a serious and widespread problem. In a 2015 World Health Organization report, approximately 70 percent of women reported that they had experienced rape or sexual assault in their lifetime. According to Amnesty International, approximately two-thirds of women have been struck by their partners. Due to stigma, fear of retribution, and limited trust in authorities, most women did not report rape or domestic violence to authorities. Gangs used rape and violence against women as part of initiation.

Rape, including spousal rape, is a crime punishable by imprisonment ranging from 15 years to life. The legal system allows village chiefs to negotiate the payment of compensation in lieu of trials for rapists. The law criminalizes family violence and imposes penalties of up to two years’ imprisonment and up to 5,000 kina ($1,570) in fines in an effort to end the cultural practice of providing compensation to victims. Implementing regulations were not complete, however, and the law was not in effect despite being passed in 2013.

Police committed widespread sexual violence, and the unresponsiveness of authorities to complaints of sexual or intimate-partner violence deterred reporting of such crimes. The law criminalizes intimate-partner violence, but it nonetheless persisted throughout the country and was generally committed with impunity. Since most communities viewed intimate-partner violence as a private matter, few survivors reported the crime or pressed charges, and prosecutions were rare. Implementation of the law remained incomplete.

There were 17 family and sexual violence units in police stations across the country to provide victims with protection, assistance through the judicial process, and medical care. Police leadership in some provinces led to improved services for victims of gender-based violence. Nevertheless, comprehensive services for victims of domestic and sexual violence were lacking in most of the country. This lack of services, along with societal and family pressure, often forced women back into violent and abusive homes.

Those convicted of rape received prison sentences, but authorities apprehended and prosecuted few rapists. The willingness of some communities to settle rape cases through material compensation rather than criminal prosecution made the crime difficult to combat.

Human Rights Watch reported there were five shelters for abused women in Port Moresby, which were often full and had to refuse women in need of counseling and shelter. The situation was worse outside the capital, where small community organizations or individuals with little access to funds and counseling resources maintained the shelters.

Violence committed against women by other women frequently stemmed from domestic disputes. In areas where polygyny was customary, authorities charged an increasing number of women with murdering another of their husband’s wives. Independent observers indicated that approximately 90 percent of women in prison were convicted for attacking or killing their husbands or another woman.

Other Harmful Traditional Practices: Customary bride price payments continued. This contributed to the perception by many communities that husbands owned their wives and could treat them as chattel. In addition to being purchased as brides, women sometimes were given as compensation to settle disputes between clans.

Sexual Harassment: Sexual harassment is not illegal, and was a widespread and severe problem. Women frequently experience harassment in public locations and the workplace. In Port Moresby the government and UN Women worked together to provide women-only public buses to cut down on sexual harassment on public transportation.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: Although the law provides extensive rights for women dealing with family, marriage, and property disputes, gender discrimination existed at all levels. Women continued to face severe inequalities in all aspects of social, cultural, economic, and political life.

Village courts tended to impose jail terms on women found guilty of adultery while penalizing men lightly or not at all. The law, however, requires district courts to endorse orders for imprisonment before the imposition of the sentence, and judges frequently annulled such village court sentences.

Children

Birth Registration: Citizenship is derived through birth to a citizen parent. Birth registration often did not occur immediately due to the remote locations in which many births took place. Failure to register did not generally affect access to public services such as education or health care.

Education: The law provides free education through grade 10 and for subsidies thereafter under the government’s tuition-free policy. There were many complaints that the government did not adequately fund education, leading to overcrowded classrooms, too few teachers, and a decline in the quality of education. Many schools charged fees and only one-third of children completed primary school. Primary and secondary education completion rates tended to be slightly higher for boys than for girls. Recent reports confirmed that girls were at high risk of domestic and sexual violence, sexual harassment in schools, commercial exploitation, and HIV infection, which posed serious threats to their education.

Child Abuse: In 2016 Save the Children released the results of a small-scale study showing that 70 percent of children faced physical or emotional violence and that 50 percent faced sexual violence or family violence in the home; child protection systems, especially in rural areas, were not adequate to meet the needs of children facing abuse. Other studies found that only the most egregious forms of sexual and physical abuse of children were reported to police, as family violence is viewed as a domestic matter. Although the country passed a Child Protection Act in 2015 to strengthen child protection efforts and compliance with the Convention on the Rights of the Child, implementing regulations were incomplete.

Early and Forced Marriage: The legal age for marriage is 18 for boys and 16 for girls. There is a lower legal marriage age (16 for boys and 14 for girls) with parental and court consent. A UNICEF survey covering the years 2005-13 found that 21 percent of women from ages 20 to 24 had married before the age of 18 and 2 percent had married before the age of 15.

Customary and traditional practices allow marriage of children as young as age 12, and early marriage was common in many traditional, isolated rural communities. Child brides frequently were taken as additional wives or given as brides to pay family debts and often were used as domestic servants. Child brides were particularly vulnerable to domestic abuse.

Sexual Exploitation of Children: The minimum age for consensual sex is 16. The maximum penalty for violators is 25 years’ imprisonment or, if the victim is under age 12, life imprisonment. Child pornography is illegal; penalties range from five to 15 years’ imprisonment, but enforcement remained a problem. There were cases of commercial sexual exploitation and sex trafficking of children in urban areas, including of minors working in bars and nightclubs. There were reports of exploitation of children through the production of pornography and that both local and foreign children were subjected to sex trafficking. NGO sources reported increased prevalence of child sex trafficking.

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 travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

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

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution prohibits discrimination against persons with physical or mental disabilities. Persons with physical, sensory, intellectual, and mental disabilities faced discrimination in employment, education, access to health care, air travel and other transportation, and provision of other state services. Most buildings and public infrastructure remained inaccessible for individuals with disabilities. Children with disabilities suffered from the underresourced educational system and attended school in disproportionately low numbers. The government endorsed sign language as a national language for all government programs, although access to interpreters was limited.

Through the National Board for the Disabled, the government granted funds to a number of NGOs that provided services to persons with disabilities. The government provided free medical consultations and treatment for persons with mental disabilities, but such services were rarely available outside major cities. Most persons with disabilities did not find training or work outside the family structure (see section 7.d.).

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual relations and acts of “gross indecency” between males are illegal. The maximum penalty for same-sex sexual relations is 14 years’ imprisonment; for acts of gross indecency between male persons (a misdemeanor), three years. There were no reports of prosecutions directed at lesbian, gay, bisexual, transgender, and intersex persons under these provisions during the year. There were unconfirmed reports of societal violence or discrimination against such persons, and they were vulnerable to societal stigmatization, which may have led to underreporting.

HIV and AIDS Social Stigma

There were no reports of government discrimination against persons with HIV/AIDS; however, there was a strong societal stigma attached to HIV/AIDS infection, which prevented some persons from seeking HIV/AIDS-related services.

Other Societal Violence or Discrimination

Press reported vigilante killings and abuses continued to increase and became more common in urban areas. Many killings were related to alleged involvement in sorcery and witchcraft and typically targeted the most vulnerable persons: young women, widows without male sons, and the elderly. The government repealed the controversial Sorcery Act in 2013, which had provided a defense for violent crime if the accused was acting to stop witchcraft. The government established the Sorcery National Action Plan (SNAP) in 2016, to be implemented by a national committee. The committee, however, lacked funding to carry out its mandate fully, and despite efforts by some provincial governments, police often lacked the capacity to stop sorcery-related killings.

Church leaders and policy makers observed that the number of persons reportedly tortured and killed for alleged sorcery was increasing. Some suggested internal migration and urban drift led to sorcery-related killings in districts formerly without such violence. Many also believed perpetrators used sorcery-related violence to mask violence against vulnerable members of the community, including women, or for revenge. Reliable data on the issue remained elusive.

Long-standing animosities among isolated tribes, a persistent cultural tradition of revenge for perceived wrongs, and the lack of law enforcement were factors underlying frequent violent tribal conflict in highland areas. During the year tribal fighting continued in highlands provinces. The numbers of deaths and IDPs resulting from such conflicts continued to rise due to the increased availability of modern weapons (see section 2.d.).

a. Freedom of Association and the Right to Collective Bargaining

The law, related regulations, and statutory instruments protect the right of workers in the public and private sectors to form and join independent unions, conduct legal strikes, and bargain collectively. The government has limited influence over trade union formation and registration. The law does not cover workers in the informal sector, which accounted for 85 percent of the labor force, most of which were engaged in small-scale farming.

The law requires unions to register with the Department of Labor and Industrial Relations (DLIR). An unregistered union has no legal standing and thus cannot operate effectively. Unions were generally independent of both the government and political parties, whose influence diminished from previous years. Although the law provides the right to strike, the government may, and often did, intervene in labor disputes, forcing arbitration before workers could legally strike or refusing to grant permission for a secret ballot vote on strike action. Some union leaders complained that DLIR’s refusal to allow for votes on strike action constituted undue influence. By law the government has discretionary power to intervene in collective bargaining by canceling arbitration awards or declaring wage agreements void when deemed contrary to government policy.

The law prohibits both retaliation against strikers and antiunion discrimination by employers against union leaders, members, and organizers. The law does not provide for reinstatement of workers dismissed for union activity. In cases of retaliation or unlawful dismissal for union activity, the court may fine an employer and may order the reinstatement of the employee and reimbursement of any lost wages. If an employer fails to comply with such directives, the court may order imprisonment or fines until the employer complies.

The DLIR is responsible for enforcing the law but did so selectively. Penalties were insufficient to deter violations since the maximum fine was 1000 kina ($313). With two labor inspectors per province and inadequate resources, inspectors usually monitored and enforced the law on an ad hoc basis. The DLIR did not always act to prevent retaliation against strikers or protect workers from antiunion discrimination, which remained widespread in the logging sector and in state-owned enterprises. Observers attributed its ineffectiveness to lack of sufficient manpower and resources.

Employees of some government-owned enterprises went on strike on several occasions during the year, primarily to protest against privatization policies, terminations, and appointments of managers or board members, or in pay disputes. In most cases the strikes were brief due to temporary agreements reached between the government and workers. In 2016 the state-owned airline Air Niugini fired eight pilots for their stop-work action during a time of political tension. The chief executive officer of the airline said that the pilots’ action had damaged the reputation of the airline, since many flights had to be cancelled. In February the Supreme Court ruled the employment decision was not reviewable since Air Niugini is not a public body.

Workers in both the public and private sectors engaged in collective bargaining. The DLIR and courts were involved in dispute settlement. There were no reports of violations of collective bargaining rights.

b. Prohibition of Forced or Compulsory Labor

The constitution and law prohibit all forms of forced or compulsory labor. Penalties are sufficiently stringent to deter violations, but the government did not effectively enforce the law. There were reports that foreign and local women and children were subjected to forced labor as domestic servants and as beggars or street vendors. Foreign and local men were subjected to forced labor, including through debt bondage, in the logging, mining, and fishing sectors.

The law allows officials, on order of a judge or magistrate, to apprehend a noncitizen crewmember of a foreign-registered ship who fails to rejoin the crewmember’s ship during its time in the country. The crewmember is placed at the disposal of the diplomatic representative of the country in which the ship is registered (or, if no such representation exists, the ship’s owner or representative) for the purpose of returning him to the ship. Observers noted this practice may prevent foreign workers from reporting or escaping situations of forced labor.

In 2015 authorities identified 21 victims of labor trafficking on foreign fishing vessels, yet prosecuted and imprisoned 12 for immigration violations, further limiting forced labor victims’ ability to obtain redress. In 2016 authorities returned the victims to their country of origin.

There were instances of women and children forced into domestic servitude (see section 7.c.), often by members of their immediate family or tribe, and of men forced to work in logging and mining camps. There also were reports that the number of foreign workers, particularly from China and other Pacific nations, entering the country with fraudulent documents and being subjected to forced labor was increasing.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

By law the minimum working age is 16, and the minimum age for hazardous work is 18. Children between the ages of 11 and 16 may be employed in a family business or enterprise provided they have parental permission, medical clearance, and a work permit from a labor office. This type of employment was rare, except in subsistence agriculture. Work by children between the ages of 11 and 16 must not interfere with school attendance, and children under age 16 may not be employed in working conditions dangerous to their health.

The DLIR is responsible for enforcing child labor law provisions; however, enforcement was not effective due to lack of resources and weak penalties.

There was a high rate of child labor in urban and rural areas, including in hazardous occupations. Poverty, inadequate health care and education, and urbanization contributed to the problem. Children sold cigarettes, food, CDs, and DVDs on the street and in grocery stores near mining and logging camps. There were reports of boys as young as 12 being exploited as “market taxis” in urban areas, carrying extremely heavy loads for low pay; some may have been victims of forced labor. Some children (primarily girls) worked long hours as domestic servants in private homes, often to repay a family debt to the “host” family, in situations that sometimes constituted domestic servitude. In some cases the host was a relative who informally “adopted” the child. There were reports of commercial sexual exploitation of children (see section 6, Children).

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

d. Discrimination with Respect to Employment and Occupation

The constitution bars discrimination on the basis of disability, but the government did not take measures to protect persons with disabilities from discrimination. The law bans discrimination on the basis of gender for employment and wages in the workplace. The government did not effectively enforce the law. The law explicitly precludes women from employment in certain occupations, allows the government to recruit only men or women for certain civil service positions, and discriminates by sex in eligibility for certain job-related allowances. No law prohibits discrimination regarding race, language, sexual orientation, gender identity, HIV or other communicable disease status, or social status. Discrimination occurred based on the above categories with respect to employment and occupation (see section 6). Widespread discrimination with respect to women occurred, especially in the attainment of management positions.

e. Acceptable Conditions of Work

The minimum wage was 3.50 kina ($1.10) per hour for all workers. The law regulates minimum wage levels, allowances, rest periods, holiday leave, and overtime work. The law limits the workweek to 42 hours per week in urban areas and 44 hours per week in rural areas, and it provides for premium pay for overtime work. Labor laws do not apply to workers in the informal sector.

The DLIR is responsible for enforcing the law regarding minimum wage and work hours and occupational safety and health. The DLIR sets occupational safety and health standards and is required by law to inspect work sites on a regular basis. Due to a lack of resources, however, inspections took place only when requested by workers or unions. They are entitled to wages while the inspection takes place, although the law does not specify further protection for employees who seek to remove themselves from conditions they deem hazardous. The number of occupational health and safety and industrial relations inspectors was insufficient to enforce compliance. Although the DLIR and the courts attempted to enforce the law regarding minimum wage and hours of work, they were not effective, in part because penalties were insufficient to deter violations. In the case of a second or subsequent, continuing offense, the employer is liable for a fine for each day or part of a day for which the offense continues. Where an employer fails to obey an order, direction, or requirement, the court may order imprisonment of the offender until the directive is obeyed.

Violations of wage, overtime, and occupational safety and health laws and regulations were common in the logging, mining, agricultural, and construction sectors due to the government’s lack of enforcement capacity. The logging industry in particular was known for extremely low wages and poor working conditions, including cramped and unhygienic worker housing. Workers in the mining sector were also subjected to hazardous and exploitative conditions, including exposure to toxic metals such as mercury. During 2016 fatal accidents occurred at the Ok Tedi mine and the Chinese-operated Ramu nickel mine.

According to World Bank statistics, 90 percent of the 2.9 million workers labored in rural areas, where law enforcement and monitoring were weak.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were several reports that the government or its agents committed arbitrary or unlawful killings.

On March 31, police officer Gustavo Florentin shot and killed Liberal Party official Rodrigo Quintana in a police raid on the party’s headquarters following protests and the burning of the national congress building. The protests stemmed from an extra-official senate session on March 31 to advance a public referendum on a constitutional amendment that would have permitted President Cartes and former presidents to run for re-election. The UN Committee against Torture declared Quintana’s death an extrajudicial execution in its seventh periodic review of the country on August 11. Florentin was in custody, charged with homicide, and the case was pending as of October 5.

On May 29, the court of appeals in Salto del Guaira upheld the sentences of all 11 defendants found responsible for the 2012 Marina Cue confrontation near Curuguaty that resulted in the death of 11 farmers and six police officers. Authorities did not prosecute any members of the police. The defendants’ appeal was pending with the Supreme Court as of October 13.

According to press reports, on July 3 Diego Bertolucci, head of a Senate-appointed independent commission to investigate the role of the police in the Marina Cue events, formally submitted his findings to Senate President Fernando Lugo. The document criticized the prosecution’s lack of objectivity, irregularities associated with the initial eviction action, the lack of a credible investigation into police action, and insufficient evidence, suggesting the state sought to close the case quickly and find the farmers guilty. Senate President Lugo did not follow up on the report as of October 13.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

The Special Human Rights Unit in the Attorney General’s Office investigated cases of forced disappearance and kidnapping.

On August 21 and September 1, respectively, the Paraguayan People’s Army (EPP) reportedly kidnapped Franz Hiebert Wieler and Bernhard Blatz Friessen, both farmers residing in San Pedro Department. An eyewitness reported five armed assailants wearing military-style uniforms, including one woman, kidnapped Wieler from his tractor. Authorities arrived later to find the tractor burned and an EPP pamphlet claiming responsibility. In the case of Blatz, the press and government authorities reported armed individuals opened fire on his truck and seized him as his father watched from another vehicle. Additionally, the government alleged the EPP still held Eladio Edelio Morinigo (a police officer kidnapped in 2014), Abraham Fehr (a Paraguayan-Mexican farmer kidnapped in 2015), and Felix Urbieta (a rancher kidnapped in 2016). The abductees’ whereabouts and conditions were unknown as of October 5.

On February 25, the EPP released Franz Wiebe Boschman, a farmer from San Pedro Department, after 214 days in captivity. Press reports and government statements indicated that as part of the EPP’s demands, Wiebe’s family and community provided approximately 137 million guaranies (Gs.) ($24,400) worth of food and basic supplies to 14 indigenous communities in the northeastern part of the country.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and the government generally respected these provisions, but there were credible reports that some government officials employed such practices. The Attorney General Office’s Special Human Rights Unit opened torture investigation cases during the year, but there were no convictions, and all investigations were pending as of October 13. Unlike criminal cases not involving torture, torture charges do not have a statute of limitations or a defined period within which charges, an investigation, or the oral trial must be completed. The unit was investigating more than 100 open cases as of October 13, including many from the Stroessner dictatorship and that of the farmers detained after the fatal confrontation in Curuguaty/Marina Cue in 2012.

Several civil society groups publicly criticized, and called for, the disbandment of, the Joint Task Force (FTC) for human rights violations in the northeastern region of the country. The FTC operated in northeast with the principal goal of eliminating the EPP and included personnel from the armed forces, National Police, and National Anti-Narcotics Secretariat (SENAD).

Prison and Detention Center Conditions

Prison and detention center conditions were harsh and, at times, life-threatening due to inmate violence, mistreatment, overcrowding, poorly trained staff, deteriorating infrastructure, and unsanitary living conditions. Government authorities in the northeastern region of the country along the border with Brazil reported inmate recruitment within the prisons there by members of the Brazilian First Capital Command gang.

Physical Conditions: According to the government’s quasi-independent watchdog agency, the National Mechanism to Prevent Torture (NMPT), prisons were overcrowded, with inmates at some facilities forced to share bunks, sleep on floors, and sleep in shifts. As of August 11, the Ministry of Justice reported the country’s 18 penitentiaries housed 37 percent more inmates than their design capacity allowed. The NMPT also reported that three of the 11 facilities for juveniles had exceeded their design capacity during the same period. Penitentiaries did not have adequate accommodations for inmates with physical disabilities.

The justice ministry’s Directorate for the Care of Convicted Juveniles assigned minors convicted of juvenile crimes to one of 11 youth correctional facilities in the country, one of which was dedicated to young women. Some juvenile offenders served their sentences in separate youth sections in adult prisons, such as the women’s penitentiary in Ciudad del Este.

Prisons and juvenile facilities generally lacked adequate temperature control systems, of particular concern during the exceedingly hot summer months. Some prisons had cells with inadequate lighting, in which prisoners were confined for long periods without an opportunity for exercise. Although sanitation and medical care were generally considered adequate, some prisons lacked sufficient medical personnel. Adherence to fire prevention norms was lacking.

Administration: Visitors reportedly needed to offer bribes frequently to visit prisoners, hindering effective representation of inmates by public defenders. During the year the justice ministry’s Internal Affairs Office continued random, unannounced visits to several prisons. Although married and unmarried heterosexual inmates were permitted conjugal visits, the Ministry of Justice prohibited such visits for homosexual inmates.

Independent Monitoring: The government granted the media, independent civil society groups, and diplomatic representatives access to prisons with prior coordination. Representatives of the media and nongovernmental organizations (NGOs) conducted regular prison visits. Government agencies, such as the NMPT, the Public Defender’s Office, and representatives of the Judicial Branch, also conducted independent visits. By law the Judicial Branch is responsible for overseeing the funds it transfers annually to the Ministry of Justice.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his/her arrest or detention in court, but the government did not always observe these requirements. The law stipulates that persons detained without a judge-ordered arrest warrant must appear before a judge within 24 hours for an initial hearing. Police may arrest a person apprehended in the act of committing a crime and detain the suspect for up to six hours, after which the Attorney General’s Office may detain persons up to 24 hours. In some cases police ignored requirements for a warrant by citing obsolete provisions that allow detention if individuals are unable to present personal identification upon demand (although the law does not obligate citizens to carry or show identity documentation).

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police, under the authority of the Ministry of the Interior, are responsible for preserving public order, protecting the rights and safety of persons and entities and their property, preventing and investigating crimes, and implementing orders given by the judiciary and public officials. The constitution charges military forces with guarding the country’s territory and borders. By law civilian authorities are in charge of the security forces.

The law authorizes the president to mobilize military forces domestically against any “internal aggression” endangering the country’s sovereignty, independence, or the integrity of its democratic constitutional order. The law requires the president to notify congress within 48 hours of a decision to deploy troops. By law the president’s deployment order must define a geographic location, be subject to congressional scrutiny, and have a set time limit. As of October 13, the government deployed more than 700 personnel from the FTC to the departments of Concepcion, San Pedro, and Amambay in accordance with the law that allows military mobilization domestically.

The Ministry of National Defense, also under the president’s authority but outside the military’s chain of command, handles some defense matters. The ministry is responsible for the logistical and administrative aspects of the armed forces, especially the development of defense policy.

The law authorizes SENAD and units within the National Police, all under the president’s authority, to enforce the law in matters related to narcotics trafficking and terrorism. The law provides for SENAD to lead operations in coordination with the Attorney General’s Office and the judiciary. To arrest individuals or use force, SENAD must involve members of the National Police in its operations, but reportedly it often did not do so.

The Special Human Rights Unit of the Attorney General’s Office and the Disciplinary Review Board of the National Police are responsible for determining whether police killings legitimately occurred in the line of duty. The military justice system has jurisdiction over active military personnel.

Several human rights NGOs and the media reported incidents of police involvement in homicides, rape, arms and narcotics trafficking, soliciting bribes, robbery, extortion, and kidnapping, with reported abuses particularly widespread in Ciudad del Este and other locations on the border with Brazil, where authorities dismantled a major bribery scheme by a network of corrupt police.

During the year the Special Human Rights Unit in the Attorney General’s Office investigated hundreds of cases of excessive use of force, torture, and other abuses by security forces. No information was available whether any of these cases resulted in convictions or penalties.

Although the National Police reportedly struggled with inadequate training, funding, and widespread corruption, it continued to investigate and punish members involved in crimes and administrative violations.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police may arrest individuals with a warrant or with reasonable cause. The law provides that after making an arrest, police have up to six hours to notify the Attorney General’s Office, at which time that office has up to 24 hours to notify a judge if it intends to prosecute. The law allows judges to use measures such as house arrest and bail in felony cases. According to civil society representatives and legal experts, in misdemeanor cases judges frequently set bail too high for many poor defendants to post bond, while they set minimal or no bail for the wealthy or for those with political connections.

The law grants defendants the right to hire counsel, and the government provides public defenders for those who cannot afford counsel. According to the NGO Paraguayan Human Rights Coordinator (CODEHUPY) and the NMPT, heavy caseloads adversely affected the quality of representation by public defenders. Detainees had access to family members.

Arbitrary Arrest: The law prohibits arbitrary arrest and detention. During the year NGOs reported several cases of arbitrary arrest and detention of persons without a warrant.

On April 1, police arrested 213 individuals for alleged involvement in the March 31 protests that set fire to the national congress building. Detainees included individuals at the central protest site and in other locations around the capital including gas stations and office buildings. Authorities released all 213 within days of their detentions, with some minor reports of abuse and mistreatment.

Pretrial Detention: The law permits detention without trial for a period equivalent to the minimum sentence associated with the alleged crime, a period that could range from six months to five years. Some detainees were held in pretrial detention beyond the maximum allowed time. According to the Ministry of Justice and the NMPT, 78 percent of the total number of prisoners continued to await trials and sentencing as of July 17.

The NMPT alleged the high number of prisoners in pretrial detention was principally a result of legislation that disproportionately affects low-level drug offenders. Specifically, it claimed the legislation prohibits judges from applying alternative measures to pretrial detentions for crimes with a potential sentence of five or more years. It also said the legislation sets overly strict guidelines on preventive detention for suspects in drug cases. As of August 11, 21 percent of inmates awaiting trial and 65 percent of all women in jail were low-level drug offenders.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons are entitled to challenge in court the legal basis or arbitrary nature of their detention and any delay in obtaining judicial rulings.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary. Undue external influence, however, often compromised the judiciary’s independence. Interested parties, including politicians, routinely attempted to influence investigations and pressure judges and prosecutors. Judicial selection and disciplinary review board processes were often politicized. The law requires that specific seats on the board be allocated to congressional representatives, presidential nominees, lawyer’s union representatives, law professors, and Supreme Court justices.

Courts were inefficient and subject to corruption, and NGOs and government officials alleged that some judges and prosecutors solicited or received bribes to drop or modify charges against defendants. Authorities generally respected court orders.

TRIAL PROCEDURES

The constitution provides for the right to a fair and public trial, which the judiciary nominally provided, albeit through a lengthy trial process exacerbated by legal defense tactics that remove or suspend judges and prosecutors working on cases. Impunity was common due to politicization of and corruption within the judiciary and regular manipulation of the judicial process by defense attorneys that pushed statutes of limitations to expire before trials reach conclusion.

Defendants enjoy a presumption of innocence and a right of appeal. Both defendants and prosecutors may present written testimony from witnesses and other evidence. Defendants may confront adverse witnesses, except in cases involving domestic or international trafficking in persons, in which case victims may testify remotely or in the presence of the defendant’s lawyers, in lieu of the defendant. Defendants have the right to prompt information and detail of the indictments and charges they face, but some defendants received notification only when they faced arrest charges or seizure of their property.

Defendants have the right to access free interpretation services as necessary, including translation to Guarani–the country’s second official language. Defendants have the right to a fair trial without undue delay, although trials were often protracted, as well as the right to be present at the trial. Defendants have the right to communicate with an attorney of their choice or one provided at public expense. Defendants have the right to a reasonable amount of time to prepare their defense and to access their legal files. Defendants may confront prosecution or plaintiff witnesses and present their own witnesses and evidence. Defendants are not compelled to testify or confess guilt and may choose to remain silent.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Citizens have access to the courts to file lawsuits seeking damages for, or cessation of, human rights violations. There are administrative and judicial remedies for alleged wrongs, and authorities generally granted them to citizens. The court may order civil remedies, including fair compensation to the injured party; however, the government experienced problems enforcing court orders in such cases. Individuals and organizations may appeal adverse domestic decisions to regional human rights bodies.

PROPERTY RESTITUTION

The government generally enforced court orders with respect to seizure, restitution, or compensation for taking private property. Systemic inadequacies within the land registry system, however, prevented the government from compiling a reliable inventory of its landholdings. Registered land far exceeded the size of the country, and there were allegations of corruption within local government and National Institute for Rural Development and Land, the government agency charged with implementing land reform, and reports of forced evictions.

On June 10 and 12, private security contractors allegedly fired rifles and pistols to intimidate small-scale farming families occupying disputed land in Colonia Guahory, Caaguazu Department. The incident followed a May 22 presidential veto of a law that would have allowed the state to expropriate the land for distribution under larger land reform efforts, as well as a violent encounter on January 3 between farming families and police that resulted in rubber bullet injuries to 20 individuals. Seventy Brazilian-Paraguayan families claimed title to the 555,436 acres of land, and alleged the farming families began occupying 222,965 acres of it in 2014 and were renting it to local and national political figures. From September to December 2016, police conducted three separate eviction operations. Legal counsel for the small-scale farming families alleged the Brazilian-Paraguayan families illegally purchased land titles. The case brought by the 70 families regarding ownership of the land was pending as of October 5.

Despite the government’s acceptance of the donation of the disputed land on which the 2012 Curuguaty/Marina Cue confrontation occurred, the Public Registry refused to register the property. Officials explained they could not act until lawsuits establishing previous ownership were resolved.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and the government generally respected these prohibitions, but there were reports that members of the security forces failed to respect the law in certain instances. NGOs, local Roman Catholic church organizations, and some national legislators alleged FTC personnel in the departments of Concepcion, San Pedro, and Amambay searched homes and schools without warrants. The Special Human Rights Unit in the Attorney General’s Office investigated several cases of unlawful interference with private correspondence during the year.

a. Freedom of Speech and Press

The law and constitution provide for freedom of expression, including for the press, and the government generally respected these rights. An independent press and a functioning democratic political system combined to promote freedom of speech and press for the most part, although widespread corruption in the judiciary hindered protections in court.

Violence and Harassment: Journalists occasionally suffered harassment, intimidation, and violence, primarily from drug-trafficking gangs and criminal groups, but also from politicians and police. The media and international NGOs reported several such incidents against journalists.

On September 2, citing lack of evidence, Judge Leongino Benitez released Brazilian drug trafficker, Felipe “Baron” Escurra Rodriguez, who had reportedly planned to kill well known journalist Candido Figueredo Ruiz. In 2012, Brazilian police intercepted a call involving Escurra in which he discussed killing Figueredo for reporting on Escurra’s illicit activities along the Paraguay-Brazil border. Escurra had been in custody since his arrest after a shootout with SENAD agents in August 2016. An appeal against Escurra’s release was pending as of October 13.

On June 23 and July 1, President Cartes publicly called for the imprisonment of radio journalists Mercedes Menchi Barriocanal and Oscar Acosta, accusing them of inciting the March 31 protests that resulted in the burning of the national congress building. Barriocanal and Acosta had been critical of Cartes’ legislative push to amend the constitution to allow for presidential re-election. The push for re-election sparked the March 31 protests.

On December 14, a Paraguayan court found Vilmar “Neneco” Acosta, former mayor of Ypejhu, guilty of ordering the assassination of ABC Color journalist Pablo Medina and his assistant Antonia Chaparro in 2014. On December 19, Acosta was sentenced to 39 years in prison. Authorities continued to search for Acosta’s brother, Wilson Acosta Marques, whom they accused of participating in the assassination, but Flavio Acosta Riveros, the alleged assassin (nephew of Wilson and Vilmar), remained in a Brazilian prison awaiting extradition.

INTERNET FREEDOM

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.

The International Telecommunication Union (ITU) reported 51 percent of inhabitants used the internet in 2016. This did not reflect the existing and growing number of individuals who had access to the internet at work or through mobile phones. According to the ITU, there were 105 cell phones for every 100 citizens in 2016.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

b. Freedom of Peaceful Assembly and Association

The law 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 www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation and the government generally respected these rights. The government’s National Commission of Refugees cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. The NGO Committee of Churches for Emergency Aid acted as the local legal representative of the UNHCR.

PROTECTION OF REFUGEES

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

Durable Solutions: As of August 15, the government received 29 asylum requests, with 18 pending review. Authorities permitted persons whose asylum or refugee status cases were refused to seek other migration options, including obtaining legal permanent residency in the country or returning to the most recent point of embarkation. The government did not assist in the safe, voluntary return of refugees to their homes, but rather relied on UNHCR assistance to facilitate such returns.

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.

Elections and Political Participation

Recent Elections: On December 17, the country held nationwide party primaries with technical experts from the Organization of American States (OAS) and the Inter-American Institute of Human Rights-Center for Electoral Promotion and Assistance. Both OAS characterized the elections as free and fair.

Political Parties and Political Participation: The ANR and the Liberal Party maintained long-standing control of the political process. The parties politicized the Supreme Court, lower courts, and the selection and disciplining of judges and prosecutors, including the nomination and selection process for the attorney general. On June 14 and 15, both chambers of congress changed their respective members of the eight-member Council of Magistrates, which helps choose judges, prosecutors, and public defenders throughout the judicial system as well as the attorney general, for two politically connected politicians.

As of November 7, more than 550 public employees filed complaints with a nongovernmental public employee association for being harassed, dismissed, or transferred for not actively supporting President Cartes’ Colorado Party faction in advance of the December 17 internal party primaries. The electoral commission had not commented publicly as of November 30.

New, small, and nontraditional political parties faced hurdles in securing sizable congressional representation due to seat allocation formulas in the electoral code, which favor larger parties.

The electoral code requires voters to select slates of candidates that party leaders rather than individual candidates draw up. There was extensive public discussion about discontinuing the use of these closed party lists as a possible means of increasing accountability and exposing allegedly corrupt or compromised candidates. Candidates running for executive office run on individual ballots, but with strong and direct party affiliations aligned with lists of congressional candidates. In the country’s list-based voting system whereby winners are decided via their ranking in a popular vote, voters do not select individual congressional representatives. Independent candidates for any office face obstacles in setting up and running campaigns, since by law they must form a movement or political party and present a minimum number of candidates in a slate in order to compete.

Participation of Women and Minorities: The electoral code requires that at least 20 percent of each party’s candidates in internal party primaries be women, and parties followed the requirement. Although the parties met this requirement, they placed the majority of female candidates towards the end of the closed party lists, effectively limiting their chances of actually being elected. Women served in both the legislature and the Supreme Court; however, there were only 20 women in the congress (nine of 45 senators and 11 of 80 national deputies, or 16 percent overall).

Although there were no legal impediments to participation by minorities or indigenous persons in government, no clearly identifiable individuals from those groups served as a governor or in the cabinet, legislature, or Supreme Court.

The law provides criminal penalties for corruption by officials, but the government generally did not implement the law effectively. Corruption in all branches and at all levels of government remained widespread, with investigative journalists and NGOs reporting on hundreds of cases of embezzlement, tax evasion, illicit enrichment, breach of public confidence, falsifying documents, and criminal association. Criminal cases typically spent several years in the courts. Under a law that prohibits court cases from lasting longer than four years, politicians and influential individuals convicted in lower courts routinely avoided punishment by filing appeals and motions until reaching the statute of limitation or by successfully requesting the removal or suspension of judges and prosecutors working on their cases. Although indictments and convictions for corruption of low- and mid-level public officials occur more frequently, high-ranking public officials enjoy a high degree of impunity. Sometimes such officials are indicted or forced to resign or repay embezzled funds, but formal complaints rarely lead to active prosecutions or convictions.

Politicization and corruption were pervasive throughout the judicial branch, hampering the institution’s effectiveness and undermining public trust. As of September 5, the Supreme Court had not ruled on outstanding cases concerning the constitutionality of the re-election amendment process, the eligibility of former president Fernando Lugo to run for president, the irregular June sessions of congress that brought new leadership to both houses and two judicial oversight bodies, or the recusals of the 13 prosecutors working on the Megalavado money-laundering case. From January to September 5 of the reporting year, the Justice Tribunal, which ostensibly provides disciplinary oversight for judges and prosecutors, ruled to apply sanctions in only seven of 476 cases brought before it. NGOs, legal associations, government officials, and the press reported repeated instances in which the Justice Tribunal refused to discipline judges and prosecutors who had released or absolved defendants with ties to narcotics trafficking and financial crime. Voting records for individual tribunal members were not available to the public.

Corruption: Impunity was endemic for former and current high-level government officials accused of crimes. There were no convictions of high-profile officials during the reporting period, but NGOs and the press continued to report on several former government ministers, mayors, governors, and current elected officials accused of, and indicted for, corruption and other crimes who had avoided prosecution in the justice system. As of October 13, there were unresolved cases involving 10 indicted former ministers and 10 indicted current members of congress.

Financial Disclosure: The constitution requires all public employees, including elected officials and employees of independent government entities, to disclose their income and assets within 15 days of taking office or receiving an appointment and again within 15 days of finishing their term or assignment. Public employees must also disclose assets and income of spouses and dependent children.

The law mandates the Comptroller’s Office monitor and verify disclosures; the Comptroller may make income and asset disclosures public only at the request of the executive branch, congress, the Attorney General’s Office, or judicial authorities. The Attorney General’s Office opened several investigations for inconsistencies related to these disclosures.

The law bars public employees from holding government positions for up to 10 years for failure to comply with financial disclosure laws and imposes monetary fines of up to Gs. 19.1 million ($3,400), but this was generally not enforced. Legislators generally ignored the law with impunity, using political immunity to avoid investigation or prosecution. The Comptroller’s Office did not investigate cases with incriminating financial information, including those of eight customs officials who allegedly skimmed millions of dollars of import duties and bribes over decades of service. The cases were pending with the Attorney General’s Office as of October 13.

More than 50 domestic and international human rights groups operated, generally without government restriction, investigating and publishing their findings on human rights cases. Government officials generally cooperated with domestic NGOs and international organizations and met with domestic NGO monitors and representatives, but they often did not take action in response to their reports or recommendations.

Government Human Rights Bodies: Human Rights Ombudsman Miguel Godoy Servin continued overhauling his office after 10 years of inactivity prior to his term, including launching outreach campaigns and investigations into misuse of public money and abuse of authority by public officials. Godoy filed a formal complaint leading to the indictment of former ombudsman Manuel Paez Monges for misusing approximately Gs. 1.375 billion ($245,200) of funds set aside as reparation funds for victims of the Stroessner dictatorship from 1954 to 1989 and their families. Paez Monges’ case was pending as of October 13.

Several human rights NGOs complained there was no single, reliable point of contact within the government to discuss human rights issues. They stated they were not approached for consultations on human rights policies, planning, and legislation. Although several government ministries had human rights offices to monitor compliance with human rights legislation, there was no coordinator to serve as the point of contact with civil society.

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and provides penalties of up to 10 years in prison for rape or sexual assault. If the victim is a minor, the sentence ranges from a minimum of three years to 15 years in prison. According to the Attorney General’s Office, rape continued to be a significant and pervasive problem, and it was believed that many rapes went unreported. The government generally prosecuted rape allegations and sometimes obtained convictions. Police generally did not prioritize reports of rape.

Although the law criminalizes domestic violence, including psychological abuse, and stipulates a penalty of two years in prison or a fine if convicted, it requires the abuse to be habitual and the aggressor and victim to be “cohabitating or lodging together.” Judges typically issued fines, but in some cases they sentenced offenders to jail to provide for the safety of the victim. In some instances the courts mediated domestic violence cases. According to NGOs and the Ministry of Women’s Affairs, domestic violence was widespread, and thousands of women received treatment for injuries sustained in domestic altercations. The ministry promoted a national 24-hour telephone hotline for victims.

The Ministry of Women’s Affairs operated a shelter coordinated victim assistance efforts, public outreach campaigns, and training.

According to the latest information available, the National Police had 16 specialized units to assist victims of domestic violence, and 118 officers were assigned to these stations.

Femicide remained a serious problem. In December 2016 President Cartes signed Law 5777 for the Comprehensive Protection of Women against Violence, including femicide. The law criminalizes femicide and assigns sentences of between 10 and 30 years in prison upon conviction. As of October 25, the Ministry of Women’s Affairs reported 34 cases of femicide, a significant increase from previously reported numbers.

Sexual Harassment: The law prohibits sexual harassment and stipulates a penalty of two years in prison or a fine; however, sexual harassment remained a widespread problem for many women, especially in workplace environments. Prosecutors found sexual harassment and abuse claims difficult to prove because of victims’ fear of workplace retaliation and societal pressures against victims. Many dropped their complaints or were unwilling to continue cooperating with prosecutors.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: The constitution prohibits discrimination based on sex, but the government did not effectively enforce these provisions. There is no comprehensive law against discrimination, thus no legal basis for enforcement of the constitutional clause against discrimination.

Women generally enjoyed the same legal status and rights as men. Nonetheless, gender-related discrimination was widespread. Women experienced more difficulty than men did in securing employment and occupation.

Children

Birth Registration: Nationality derives from birth within the country’s territory, from birth to government employees in service abroad, or from birth to a citizen residing temporarily outside the country. Hospitals immediately register births, but this is not the case for many children born in rural areas and in indigenous communities with limited access to health-care facilities. Citizenship conveys to all nationals who attain the age of 18 as well as to older persons upon naturalization. Birth certificates and national identity documents are a prerequisite to access government services, including obtaining a passport.

Education: Education is free, compulsory, and universal from kindergarten through secondary school. According to the government, girls from rural families tended to leave school at a younger age than did boys. Approximately 10 percent of children from poor families did not have access to schooling, due to economic hardship, geographic isolation, or early entry into the workforce.

Child Abuse: The NGO Coalition for the Rights of Children and Adolescents and the Secretariat of Children and Adolescents (SNNA) stated that violence against children was widespread and equally prevalent among rural and urban families. As of October 13, the Attorney General’s Office reported 596 cases of child abuse.

There was one government shelter for abused children, mainly girls, comanaged by a Roman Catholic organization. In many cities the municipal council for children’s rights assisted abused and neglected children.

Early and Forced Marriage: The legal age for marriage is 18, but the law permits marriage for those ages 16 to 18 with parental consent, and for those younger than age 16 only with judicial authorization under exceptional circumstances. There were no reports of forced marriage.

Sexual Exploitation of Children: According to the SNNA, child trafficking for the purpose of sexual exploitation or forced domestic service remained problematic. The law provides penalties of up to eight years of imprisonment for persons responsible for pimping or brokering victims younger than 17 years.

The minimum age of consent is 14 when married and 16 when not married. While there is a statutory rape law for those under 14, the maximum penalty is a fine for opposite-sex offenders and prison for same-sex offenders. The law was not effectively enforced. The penal code provides for fines or up to three years in prison for the production, distribution, and possession of pornography involving children or adolescents younger than age 18. Authorities may increase this penalty to 10 years in prison depending on the age of the child and the child’s relationship to the abuser.

For nonintercourse sexual abuse of a minor, the maximum sentence is up to three years or a fine. For cases involving intercourse, authorities can increase the sentence to 10 years. As of September 30, the Attorney General’s Office received 295 complaints of rape of minors.

Child Soldiers: The government as well as NGOs, including the Coordinator for the Rights of Infants and Adolescents and the Peace and Justice Service, alleged that the EPP continued recruitment of children, most of whom reportedly were relatives of adult EPP members. The children started in logistical support roles, carrying supplies to members in the field and serving as lookouts, before later being incorporated as full-time combatants, usually between 14 and 16 years of age. The number of youth recruited was unknown but expected to be relatively low, given the small size of the EPP, estimated to be 20 to 50 members in total.

International Child Abductions: The country is 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 travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

The Jewish community has fewer than 1,000 members. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law nominally prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law generally does not mandate accessibility for persons with disabilities, nor does it specifically provide for access to information or communications, and most of the country’s buildings remained inaccessible, although some municipalities made progress.

Many persons with disabilities faced significant discrimination in employment; others were unable to seek employment because of a lack of accessible public transportation. The law mandates the allocation of 5 percent of all available public-employee positions to persons with disabilities; in practice less than 1 percent were employed. The Ministry of Education and Sciences estimated more than 50 percent of children with disabilities did not attend school because of lack of access to public transportation.

The National Secretariat for the Rights of Persons with Disabilities is responsible for certifying disability status.

National/Racial/Ethnic Minorities

Anecdotally, ethnic minorities reported discrimination in such areas as employment, credit, equal pay, owning and/or managing businesses, education, and housing.

Indigenous People

The law provides indigenous persons the right to participate in the economic, social, political, and cultural life of the country, but the law was not effectively enforced. Discrimination, coupled with a lack of access to employment, education, health care, shelter, and sufficient land, hindered the ability of indigenous persons to progress economically while maintaining their cultural identity.

Indigenous workers engaged as laborers on ranches typically earned low wages, worked long hours, received pay infrequently or not at all, and lacked medical or retirement benefits. This situation was particularly severe in the Chaco region.

The National Institute for Indigenous Affairs (INDI), the Attorney General’s Office; the Ministry of Justice; Ministry of Labor, Employment, and Social Security; the Social Action Secretariat; and the Ombudsman’s office are responsible for protecting and promoting indigenous rights. The law mandates that INDI negotiate, purchase, and register land on behalf of indigenous communities who claim lack of access to their ancestral lands. In some instances INDI claimed it lacked sufficient funding to purchase land on behalf of indigenous persons or required them to register land in the Asuncion office rather than locally.

The law authorizes indigenous persons to determine how to use communal land. There were insufficient police and judicial protections from encroachments on indigenous lands. This often resulted in conflict between indigenous communities and large landowners in rural areas, which at times led to violence.

CODEHUPY and other NGOs documented widespread trafficking in persons, rape, sexual harassment, and physical abuse of women in indigenous communities. Perpetrators were often neighboring workers and employers from ranches and farms. NGOs also alleged agribusiness operations in the Chaco exploited and violated the rights of indigenous workers.

On May 7-9, a group of 12 to 15 armed private security personnel forcibly evicted 20 families of the Ava Guarani indigenous community from 740 acres on the disputed Colonia Colorado’i property near Itakyry, Alto Parana Department. Press reports indicated the armed group, allegedly contracted by Paraguayan Alcohol Industries S.A., burned buildings and crops and destroyed the community school and temporary tents in the presence of idle police officers on the scene. The Attorney General’s Office charged three individuals associated with the Paraguayan Alcohol Industries S.A. (Marcos Torales, Javier Torales, and Robert de Souza) and one member of the Ava Guarani indigenous community (Ismael Barrios), for participating in and organizing the eviction operation. The case was pending as of October 5.

The government did not fully comply with obligatory rulings by the Inter-American Court of Human Rights on access to land. In January it made the third and final payment to purchase 19,030 acres of land for the Xakmok Kasek community in accordance with a 2010 Inter-American Court ruling. The government had not, however, provided sufficient land and titles for the Sawhoyamaxa community pursuant to a 2006 ruling or suitable access to the Yakye Axa community pursuant to a 2005 ruling.

The government and representatives of the Ayoreo Totobiegosode People, a community in voluntary isolation, held a series of formal meetings to discuss the implementation of the February 2016 request by the Inter-American Commission on Human Rights that the government adopt precautionary measures in favor of the rights of this indigenous community. The Ayoreo Totobiegosode People continued to allege local cattle ranchers conducted intrusions and deforestation activities on their land.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

No laws explicitly prohibit discrimination against LGBTI persons; discrimination, including societal discrimination, occurred frequently. Several NGOs, including SomosGay, the Center for Studies and Documents, and Aireana, reported police harassment and discrimination against LGBTI persons.

On March 31, police allegedly assaulted patrons outside an LGBTI nightclub after the protests that led to the burning of the congress building. The nightclub was 1.2 miles from the site of the protests. Victims reported police officers approached the exterior of the nightclub and assaulted patrons with clubs and rubber bullets. The case was pending as of September 5.

According to press and NGO reporting, police officers regularly beat, robbed, and implicated transgender individuals as suspects in serious crimes, including drug trafficking and armed robbery.

HIV and AIDS Social Stigma

The law prohibits discrimination based on HIV-positive status and protects the privacy of medical information. The law also specifically prohibits employers from discriminating against or harassing employees based on their HIV-positive status. Labor ministry regulations forbid employers from requiring HIV testing prior to employment, but many companies still did so.

NGOs, including CODEHUPY and the HIV/AIDS and Human Rights Counseling and Reporting Center, noted that persons with HIV/AIDS who sought access to health care, education, and employment opportunities faced discrimination based on their sexual orientation, demand for HIV testing, or gender identity.

a. Freedom of Association and the Right to Collective Bargaining

The law, including related regulations and statutory instruments, provides for the right of workers to form and join independent unions (with the exception of the armed forces and police), bargain collectively, and conduct legal strikes. The law prohibits binding arbitration or retribution against union organizers and strikers. There are several restrictions on these rights. The law requires that industrial unions have a minimum of 20 members to register. All unions must register with the Ministry of Labor, Employment, and Social Security, a process that often takes more than a year. The ministry, however, typically issued provisional registrations within weeks of application to allow labor unions to operate. Unions with provisional registrations had the same rights and obligations as other unions. Workers cannot be members of more than one union, even if they have more than one part-time employment contract. Strikes are limited to purposes directly linked to workers’ occupations. Candidates for trade union office must work for a company and be active members of the union.

The Ministry of Labor, Employment, and Social Security is responsible for enforcing labor rights, registering unions, mediating disputes, and overseeing social security and retirement programs. Penalties, fines, and remedies associated with discrimination against unions were generally ineffective. Investigations of antiunion discrimination to protect labor rights were rare, lacked sufficient resources, and reportedly occurred only if requested by an aggrieved party. The ministry does not have jurisdiction to initiate or participate in antiunion litigation. Employers who fail to recognize or to bargain collectively with a registered union face fines of 50 days’ wages, or approximately Gs. 3.5 million ($624). Employers who blacklist employees face fines of only 30 days’ wages, or approximately Gs.2.1 million ($374). These penalties were not sufficient to deter violations. The government often did not prevent retaliation by employers who took action against strikers and union leaders. Administrative and judicial procedures were subject to lengthy delays, mishandling of cases, and corruption.

The government did not always respect unions’ freedom of association and the right to collectively bargain. Employers and professional associations heavily influenced some private-sector unions. The leadership of several unions representing public-sector employees had ties to political parties and the government.

While union workers from the steel and maritime industries were unionized and often received relevant legal protections, most workers, including farmers, ranchers, and informal-sector employees, did not participate in labor unions. Many of these workers were members of farm-worker movements.

Beginning in early July, thousands of small-scale farmers mounted protests in the capital seeking debt forgiveness. On August 4, President Cartes vetoed a bill that offered up to $10,000 of relief per farmer with less than 74 acres of land. The veto was due to the lack of a mechanism to identify appropriate beneficiaries and the lack of a source of funding. Protesters peacefully left the city center August 15, after the senate failed to overturn the veto.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government did not effectively enforce the law. The Ministry of Labor, Employment, and Social Security lacked adequate resources to conduct inspections, especially in remote areas where forced labor was reportedly more prevalent. Penalties for violations include up to 20 years in prison. Minimal enforcement and penalties were insufficient to deter violations.

During the year the labor ministry’s regional office in the Chaco received complaints for unjustified firings, nonpayment of wages, and other labor violations. The ministry did not confirm instances of debt bondage in the Chaco but would not dismiss the possibility that it continued to exist. In that region there were reports that children worked alongside their parents in debt bondage on cattle ranches, on dairy farms, and in charcoal factories. The government continued antitrafficking law enforcement and training efforts and provided limited protective services to female and child trafficking victims.

Forced child labor, particularly in domestic service, was a significant problem (see section 7.c.). Reports of “criadazgo” continued throughout the year. Criadazgo is the practice where middle- and upper-income families informally “employ” child domestic workers, often from impoverished families, and provide them with shelter, food, some education, and a small stipend.

See the Department of State’s annual Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for full-time employment is 18. Children 14 to 17 years old may work with written parental authorization, if they attend school and do not work more than four hours a day (14-15 years old) or six hours (16-17 years old), and do not work more than a maximum of 24 hours per week.

The maximum administrative penalty for employing a child under age 14 is a fine of Gs. 3.78 million ($674). The law stipulates those who employ adolescents between ages 14 and 17 under hazardous conditions must pay the maximum administrative penalty and/or serve three to five years in prison, but the potential penalties and lax enforcement were insufficient to deter violations.

The government did not effectively enforce laws protecting children from exploitation in the workplace. The Ministry of Labor, Employment, and Social Security is responsible for administratively enforcing child labor laws, and the Attorney General’s Office prosecutes violators. The Ombudsman’s office and the Child Rights Committee receive complaints and refer them to the Attorney General’s Office. As of September 30, the Ministry of Labor, Employment, and Social Security received 17 complaints regarding child and adolescent workers. Of the 17 complaints, 12 were for boys and five for girls. Most worked as metalworkers, cashiers, sales clerks, helpers, and in other service jobs. In 2016 the Ministry of Labor, Employment, and Social Security received 28 complaints from child workers.

Child labor continued to be a problem in retail, sugar, brick, and limestone manufacturing, domestic service, and small-scale agricultural sectors. Children, primarily boys, also worked in the manufacturing and agricultural sectors and in the restaurant and other service industries. According to both the government and the NGO community, 45,000-47,000 children, primarily girls, worked as domestic servants and received no pay under the criadazgo system. In exchange for work, employers promised child domestic servants room, board, and financial support for school. Some of these children were victims of forced child labor, did not receive pay or the promised benefits in exchange for work, suffered from sexual exploitation, and often lacked access to education.

On January 15, the Attorney General’s Office indicted Rosa Delvalle and Anderson Rios for serious bodily damage, attempted homicide, sexual abuse, and torture for forcing a 15-year-old minor to drink caustic soda in Pedro Juan Caballero, Amambay Department. Reports indicated the minor had been living with the couple as a domestic worker under the criadazgo system. Delvalle and Rios remained at large, and the case was pending as of October 13.

On June 14, a court condemned Tomas Eligio Ferreiro Rojas and his common-law wife, Ramona Triflacion Melgarejo Figueredo, to 15 and seven years in prison, respectively, for killing 14-year-old Carolina Marin, who was employed as a domestic worker under the criadazgo system, in January 2016. Defense attorneys for the couple were appealing the sentences.

The worst forms of child labor occurred where malnourished, abused, or neglected children worked in unhealthy and hazardous conditions selling goods or services on the street, working in factories, or harvesting crops. Children were used, procured, and offered to third parties for illicit activities, including commercial sexual exploitation (see also section 6, Children), sometimes with the knowledge of parents and guardians, who received remuneration. Some minors were coerced into acting as drug smugglers for criminal syndicates along the border with Brazil. There were also reports of child soldiers with the EPP. Children reportedly work in debt bondage alongside their parents in the Chaco region (see section 7.b.).

See the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/ .

d. Discrimination with Respect to Employment and Occupation

The labor code specifically prohibits discrimination based on race, color, sex, age, religion, political opinion, or social origin. Other legislation prohibits discrimination based on disability and HIV-positive status. No specific legislation forbids labor discrimination based on national origin, citizenship, sexual orientation, gender identity, language, or having a communicable disease.

The government did not effectively enforce applicable law, and penalties were insufficient to deter violations. The fines for discrimination range from 10 to 30 daily wages per affected worker. Fines are doubled for multiple offenses.

The press and civil society reported on employment discrimination based on sex, race, disability, age, language, weight, sexual orientation, HIV-positive status, and pregnancy.

e. Acceptable Conditions of Work

The mandatory national minimum wage was approximately Gs. 2.04 million ($364) per month. The law stipulates that domestic employees work a maximum of eight hours per day, are entitled to overtime if they exceed these hours, and have the right to enjoy a weekly rest of 36 hours, as well as all national holidays paid. The law provides for a standard legal workweek of 48 hours (42 hours for night work) with one and one-half days of rest. The law also mandates payment of at least one annual bonus of one month’s salary and a minimum of 12 days’ and a maximum of 30 days’ vacation per year, depending on total years of service. There are no prohibitions of, or exceptions for, excessive compulsory overtime.

According to the Ministry of Labor, Employment, and Social Security and NGOs, many domestic workers suffered discrimination, routinely worked 12-hour workdays (when eight is the maximum), were not paid for overtime work (as required by law), were allowed to rest less than the 36 hours mandated by law, were not entitled to publicly provided retirement benefits, and did not routinely attain job stability after 10 years, unlike other workers covered by the labor code. Domestic workers were eligible for government-sponsored medical care and retirement programs through small payroll and employer contributions.

The government sets appropriate occupational health and safety standards stipulating conditions of safety, hygiene, and comfort. Although these standards were current and appropriate for light-manufacturing and construction industries, enforcement was inadequate.

The Ministry of Labor, Employment, and Social Security did not effectively enforce provisions for overtime pay, the minimum wage, or limitations on hours of work in the formal or the informal sector. It launched public awareness campaigns, however, aimed at employers to remind them of their labor obligations. The number of labor inspectors was insufficient to enforce compliance with all labor laws, and penalties were insufficient to deter violations.

As of September 9, the labor ministry’s Department of Mediation of Private Conflicts received 5,571 labor complaints and mediation requests. Men filed the majority of these complaints, which involved illegal dismissals or the failure of employers to pay the legally mandated end-of-year bonuses. The General Directorate for Statistics estimated the percentage of workers who received the minimum wage or more increased from 71.1 percent in 2015 to 73.7 percent in the second semester of 2016. Many formal and informal employers violated provisions requiring overtime pay, particularly in the food and agricultural sectors and for domestic services. From January to September 30, the Ministry of Labor, Employment, and Social Security received 100 complaints of occupational safety and health violations, some associated with workplace accidents or fatalities. Most workplace accidents or fatalities occurred in the construction and light-manufacturing industries.

Employers are obligated to register workers with the Ministry of Labor, Employment, and Social Security. As of October 13, however, approximately 2,160 employers had registered 7,090 workers with the Ministry of Labor, Employment, and Social Security, a very low number compared with the country’s population of approximately 6.7 million.

The government considers the informal economy to be economic activities performed by persons not registered under the laws governing tax, employment, and social security. In some cases workers received a formal salary, on which they and their employers paid social security tax, and an additional, undeclared salary. Some businesses were formally registered to operate and pay taxes, but they did not register or declare their entire staff to the employment authorities.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were numerous reports that government security agencies and their informal allies committed arbitrary or unlawful killings in connection with the government-directed campaign against illegal drugs. Killings of activists, judicial officials, local government leaders, and journalists by antigovernment insurgents and unknown assailants also continued.

From July 2016 through October 25, 2017, law enforcement agencies reported that 3,967 “drug personalities” died in connection with antidrug operations. In one case, on June 30, police killed Ozamiz City Mayor Reynaldo Parojinog, his wife, and 10 others in a series of predawn antidrug raids. The operation drew condemnation from the Commission on Human Rights (CHR) as well as some legislators, but the Senate did not launch an inquiry on the grounds that the mayor was not detained in a government facility.

In killings attributed to vigilantes, many victims were found adorned with cardboard signs, plastic wrap, garbage bags, or other markers designating them as drug dealers.

The reported number of alleged extrajudicial killings varied widely, as government and nongovernmental organizations (NGOs) used different definitions. The CHR, an independent government agency responsible for investigating alleged human rights violations, investigated 139 new complaints of alleged extrajudicial or politically motivated killings involving 174 victims as of August. The rising death toll from the government’s antidrug campaign compelled the CHR to separate politically motivated killings from drug-related cases in its reporting. From January to June, the CHR investigated 44 cases of drug-related extrajudicial killings involving 56 victims. The CHR suspected PNP or Philippine Drug Enforcement Agency (PDEA) involvement in 112 of these new complaints and AFP or paramilitary personnel in one case. The CHR attributed many of the remaining cases to insurgent/terrorist forces.

The PNP’s Task Force Usig, responsible for investigating and monitoring killings of media members, labor activists, and foreigners, reported no new cases from January to August. Police also changed the language they used with respect to deaths outside official police actions, to refer to them uniformly to as “homicide cases.” Previously, the police had used the term “deaths under investigation” to refer to deaths outside police operations but which appeared connected to the antidrug campaign. Beginning in May, government data on the antidrug campaign were provided through #RealNumbersPH, operated by the Inter-Agency Committee on Anti-Illegal Drugs.

As of June 30, the NGO Task Force Detainees of the Philippines (TFDP) documented four cases of state-perpetrated, politically motivated killings carried out by unspecified security forces. The TFDP noted that these cases were separate from killings in the antidrug campaign. The increase in cases of alleged drug-related extrajudicial killings resulted in the expansion of TFDP documentation, which began to include drug-related killings. As of June 30, the TFDP had documented 55 drug-related killings involving 67 victims.

President Duterte continued his anticrime campaign, specifically targeting the widespread trafficking and abuse of illegal narcotics. President Duterte made numerous public statements suggesting that killing suspected drug traffickers and users was necessary to meet his goal of wiping out drug-related crime. On October 10, the president issued a memorandum designating the PDEA as the sole agency for conducting operations in the government’s war on drugs, sidelining the police in antidrug operations and prompting a drop in reported extrajudicial killings. President Duterte publicly challenged the CHR’s authority to investigate allegations of police abuse without his approval. The PNP’s Internal Affairs Service reported that manpower and resource limitations hampered the legally required investigations into deaths resulting from police operations, but it asserted that 100 percent of the deaths in police shootings resulted from legitimate, lawful police actions. In specific cases, President Duterte commented that if police were found guilty, they should go to jail. Some civil society organizations accused police of planting evidence, tampering with crime scenes, unlawfully disposing of the bodies of drug suspects, and other actions to cover up extrajudicial killings.

President Duterte stated publicly, for example in an August 16 speech on the anniversary of the founding of “Volunteers Against Crime and Corruption,” that he continued to maintain lists of suspected drug criminals, including government, police, and military officials and members of the judiciary. The government did not reveal the source of this information, leading some to question its accuracy and the legitimacy of the lists.

b. Disappearance

As reported by the AFP Human Rights Office, there was one report of a forced disappearance by or on behalf of government authorities (see section 1.g.).

The law allows family members of alleged victims of disappearances to compel government agencies to provide statements in court about what they know regarding the circumstances surrounding a disappearance (or extrajudicial killing) and the victim’s status. Evidence of a kidnapping or killing requires the filing of charges, but in many past cases, evidence and documentation were unavailable or not collected. Investigative and judicial action on disappearance cases was insufficient; a minority of previously reported cases were prosecuted.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit torture, and evidence obtained through its use is inadmissible in court. According to the CHR, however, members of the security forces and police allegedly routinely abused and sometimes tortured suspects and detainees. Common forms of abuse during arrest and interrogation reportedly included electric shock, cigarette burns, and suffocation.

As of August the CHR investigated 25 cases of alleged torture involving 58 victims; it suspected the police in a majority of the cases. The CHR investigated four cases of torture and mistreatment by prison guards. Some of these cases involved two or more categories of accused perpetrators. In the same period, the TFDP documented two cases of torture involving 11 victims. There were reports that AFP soldiers detained and interrogated children and in one instance tortured a child suspected of associating with armed groups.

There were no convictions during the year, but a few cases continued under the antitorture law.

According to NGOs and press reports, mental abuse, including shaming–illegal under the Anti-Torture Act–reportedly occurred, especially in drug cases. In March local media published photographs of hundreds of prisoners at the Cebu provincial jail sitting naked while being searched for contraband. In a predawn operation dubbed “Operation Greyhound,” prisoners were awakened and forced to remove their clothes while officials searched their jail cells. Human Rights Watch expressed concern that the search, conducted in the open and publicized, was inhumane and violated the prisoners’ right to privacy.

As part of the antidrug campaign, authorities called on drug criminals to turn themselves in to police to avoid more severe consequences. As of July the government social media campaign #RealNumbersPH reported 1,308,078 surrenders facilitated, although civil society actors questioned the official figures. Civil society and other observers claimed a climate of fear led many persons associated with drugs to surrender due to fear for their lives.

Prison and Detention Center Conditions

Prison conditions were often harsh and potentially life threatening and, in some cases, included gross overcrowding, inadequate sanitary conditions and medical care, food shortages, and physical abuse.

NGOs reported that abuses by prison guards and other inmates were common, but they stated that prisoners, fearing retaliation, declined to lodge formal complaints.

Physical Conditions: The Bureau of Corrections (BuCor), under the Department of Justice, administered seven prisons and penal farms nationwide for individuals sentenced to prison terms exceeding three years. During the year BuCor facilities operated at approximately 2.5 times the official capacity of 16,010, holding 41,244 prisoners.

The Bureau of Jail Management and Penology (BJMP), under the Department of the Interior and Local Government and the PNP, controlled 926 city, district, municipal, and provincial jails that held pretrial detainees, persons awaiting final judgment, and convicts serving sentences of three years or less. The BJMP reported its jails operated at an average of more than four times their designated capacity. The Quezon City Jail, for example, had an official capacity of 261 inmates, yet as of July held 2,916 prisoners, approximately 70 percent of whom were detained on drug charges, according to international media sources. Several NGOs observed that overcrowding was more severe in smaller cities, a condition that reportedly triggered violence among inmates and promoted gang rivalries. The prison population increased by 22 percent between July 2016 and September 2017.

At the Manila Police District in Tondo in April, the CHR discovered 12 individuals detained in a secret cell hidden behind a bookshelf. The cell had inadequate lighting, sanitation, food, and water. According to media reports, several detainees said they were tortured and beaten while detained, and some were subjected to extortion in exchange for release. A May 26 CHR visit found the cell vacant. As of September 13, nine of the detainees were released on bail; the remaining three were transferred to the Manila City Jail Male and Female Dormitory.

Approximately 98 percent of prisoners in BJMP and PNP jails were pretrial detainees; the balance were convicted criminals serving less than three-year sentences.

Juveniles under the age of 18 were typically released by court order or following a petition by the Public Attorney’s Office, the inmate’s private lawyer, or through NGO-led appeals. As of July, juveniles made up less than 1 percent of the prison population.

Prison authorities did not uniformly enforce BJMP and BuCor regulations that require holding male and female inmates in separate facilities, and in national prisons overseeing them with guards of the same sex. In some facilities, authorities did not fully segregate juveniles from adults. The BJMP and BuCor reported insufficient custodial and escort personnel, especially in large jails, with 60 to 70 prisoners to each custodial staff member.

Reports indicated that poor sanitation, inadequate ventilation, poor access to natural lighting, and a lack of potable water were chronic problems in correctional facilities and contributed to health problems. From January to July, BuCor and the BJMP reported 804 inmate deaths, a death rate of 0.42 percent. Most deaths were the result of illness. Authorities provided BuCor inmates with medical care; however, some medical services and treatments were not available. In such cases, authorities referred inmates to an outside hospital. Inmates received a medicine allowance of 10 Philippine pesos ($0.20) per day.

Opportunities for prisoner recreation, learning, and self-improvement remained scarce.

Administration: The BJMP helped expedite court cases to promote speedy disposition of inmates’ cases. Through this program, authorities released 27,396 inmates from BJMP jails as of July.

Prisoners, their families, and lawyers may submit complaints to constitutionally established independent government agencies, and the CHR referred complaints it received to the appropriate agency.

Authorities generally allowed prisoners and detainees to receive visitors, but local NGOs reported that authorities periodically restricted family visits for some political detainees. Prison officials noted that security concerns and space limitations at times also restricted prisoner access to visitors.

Muslim officials reported that, while Muslim detainees were allowed to observe their religion, Roman Catholic mass was often broadcast by loudspeaker to prison populations of both Roman Catholic and non-Roman Catholic prisoners and detainees. BuCor has a rehabilitation program that focuses on inmates’ moral and spiritual concerns.

Independent Monitoring: Authorities permitted international monitoring groups, including the International Committee of the Red Cross, free and timely access to jails and prisons. The constitution grants the CHR authority to visit jails, prisons, or detention facilities to monitor the government’s compliance with international treaty obligations. The Cebu Provincial Detention and Rehabilitation Center denied prompt access to a team from the CHR in March and required the commission to write a letter to provincial authorities before the visit could proceed. The CHR Region VII team visited the facility to investigate the forced stripping incident during the antidrug-focused Operation Greyhound.

Improvements: The BJMP launched the Revised Time Allowance Manual for Persons Deprived of Liberty. This entitles inmates to reductions in their sentences based on good conduct. More than 18,300 inmates benefited from this program. BuCor had a tie-in project with the Department of Justice to digitize inmates’ records for ease of access and preservation.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of persons to challenge the lawfulness of their arrest or detention in court, and the government generally observed these requirements. As of July, the Office of the Ombudsman, an independent agency responsible for investigating and prosecuting charges of public abuse and impropriety, reported 75 arbitrary detention violations committed by law enforcement agencies or the AFP. Investigations into 74 of these cases were pending, while the remaining case was dismissed. One case involved a high-ranking official.

ROLE OF THE POLICE AND SECURITY APPARATUS

The PNP is charged with maintaining internal security in most of the country and reports to the Department of the Interior and Local Government. The AFP, which reports to the Department of National Defense, is responsible for external security but also carries out domestic security functions in regions with a high incidence of conflict, particularly in areas of Mindanao. The two agencies share responsibility for counterterrorism and counterinsurgency operations. The PNP Special Action Force is responsible, in particular, for urban counterterrorism operations. President Duterte’s May declaration of martial law for the entire region of Mindanao and the Sulu Archipelago remained in effect as of October, giving the military expanded powers. Human rights groups expressed concern about the potential for human rights abuses, recalling the period of martial law for the entire country during the Marcos regime.

Governors, mayors, and other local officials have considerable influence over local police units, including appointment of top departmental and municipal police officers and the provision of resources, an arrangement that often resulted in graft and corruption.

The 176,000-member PNP’s institutional deficiencies and the public perception that corruption was endemic within the force continued. The PNP’s Internal Affairs Service, mandated to ensure police operate within the law, remained largely ineffective.

Despite criticism from domestic and international human rights groups for its role in the antidrug campaign, as of October no criminal complaints had been filed by the Public Attorney’s Office or the National Bureau of Investigation against PNP officers accused of unlawful killings.

Government mechanisms to investigate and punish abuse and corruption in the security forces remained largely ineffective. President Duterte publicly condemned corruption in government and security forces, but oversight mechanisms were poorly resourced, and there was little effort to target corrupt security officials. From January to August, the Office of the Ombudsman received 133 complaints concerning 229 cases of alleged military and law enforcement involvement in human rights abuses, including killings, injuries, unlawful arrest, and torture. A majority (97 percent) of the cases were against low-ranking officials. As of September all cases remained open pending additional investigation. There were no convictions recorded against high-ranking police or military officials.

From January to June, the PNP recorded a total of 2,112 administrative cases involving 3,704 officers, including both uniformed and nonuniformed personnel. Of these, 778 were resolved with various penalties. From January to July, the PNP recorded 203 criminal cases involving 212 PNP personnel, of which 67 were filed in court, 126 were referred to the Prosecutor’s Office, and five remained under investigation.

In a prominent example of police abuse and misconduct, on September 15, National Capital Region Police Chief Oscar Albayalde ordered the reassignment or retraining of more than 1,200 police officers following rising concerns about corruption within the Caloocan police force. This included unsanctioned drug raids, evidence mismanagement, and the August 18 killing of 17-year-old Kian de los Santos at the hands of plainclothes police officers in Caloocan City. The Caloocan City police received additional scrutiny on September 14 when a closed-circuit video of 13 Caloocan police officers robbing a house during a September 7 drug raid became public.

The AFP Human Rights Office monitored and reviewed alleged human rights abuses involving members of the military. From January through August, the office identified and investigated four reported incidents, including an indiscriminate discharge of a weapon, two murders, and a forced disappearance. As of August, the AFP had settled the indiscriminate weapon case when the suspect was found guilty. The three other cases remained pending.

Efforts continued to reform and professionalize the PNP through improved training, expanded community outreach, and salary increases. Human rights-based modules were included in all PNP career courses, and the PNP Human Rights Affairs Office conducted routine training nationwide on human rights responsibilities in policing.

The military also routinely provided human rights training to its members, augmented by training from the CHR. The AFP used its revised Graduated Curricula on Human Rights/International Humanitarian Law for the Military to provide a uniform standard of training across service branches. The AFP adhered to a 2005 Presidential Memorandum requiring the incorporation of human rights and international humanitarian law into all AFP education and training courses. Successful completion of these courses is required to finish basic training and for induction, promotion, reassignment, and selection for foreign schooling opportunities. From January to August, various AFP service units conducted a total of 55 human rights-related training programs, seminars, or workshops.

The Congressional Commission on Appointments determines whether senior military officers selected for promotion have a history of human rights violations and solicits input from the CHR and other agencies through background investigations. The commission may withhold a promotion indefinitely if it uncovers a record of abuses. Violations, however, do not preclude promotion.

Human rights groups noted little progress in implementing and enforcing reforms aimed at improving investigations and prosecutions of suspected human rights violations. Potential witnesses often were unable to obtain protection through the witness protection program managed by the Department of Justice due to inadequate funding or procedural delays or failure to step forward because of doubts about the program’s effectiveness. The CHR operated a smaller witness protection program that was overburdened by witnesses to killings in the antidrug campaign. The loss of family income due to the relocation of a family member was also, in some cases, a barrier to witnesses’ testimony. The Office of the Ombudsman also reported that witnesses often failed to come forward, or failed to cooperate, in police abuse or corruption cases. This problem sometimes followed pressure on witnesses and their families or arose from an expectation of compensation for their cooperation.

The government continued to support and arm civilian militias. The AFP controlled Civilian Armed Force Geographical Units (CAFGUs), while Civilian Volunteer Organizations (CVOs) fell under PNP command. These paramilitary units often received minimal training and were poorly monitored and regulated. Some political families and clan leaders, particularly in Mindanao, maintained private armies and, at times, recruited CVO and CAFGU members into those armies.

Human rights NGOs linked state-backed militias and private armies to numerous human rights abuses. The trial of 105 suspects in the 2009 massacre of 58 civilians in Maguindanao Province continued. As of July, three of the remaining suspects were acquitted of 58 counts of murder for lack of evidence. The chief suspect, former Maguindanao governor Andal Ampatuan, Sr., died in 2015.

Such delays reinforced the perception of impunity for national, provincial, and local government actors accused of human rights abuses.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Warrants based on sufficient evidence and issued by an authorized official are required for an arrest unless the suspect is observed in the act of committing an offense, there is probable cause that the suspect had just committed an offense, or the suspect is an escaped prisoner. Authorities are required to file charges within 12 to 36 hours for arrests made without warrants, depending on the seriousness of the crime. In terrorism cases, the law permits warrantless arrests and detention without charges for up to three days.

Detainees have the right to bail, except when held for offenses punishable by a life sentence. The bail system largely functioned as intended, and suspects are allowed to appeal a judge’s decision to deny bail. The law provides an accused or detained person the right to choose a lawyer and, if indigent, to have the state provide one. Due to an underresourced Public Attorney’s Office, however, indigent persons had limited access to public defenders.

Arbitrary Arrest: Security forces continued to detain individuals, including juveniles, arbitrarily and without warrants on charges other than terrorism, especially in areas of armed conflict.

Pretrial Detention: Lengthy pretrial detention remained a problem due largely to the slow and ineffectual justice system. The average pretrial detention time was 18 months. Large jails employed paralegals to monitor inmates’ cases, prevent detention beyond the maximum sentence, and assist with decongestion efforts.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees have the right to a judicial review of the legality of their detention. The constitution contains severe financial penalties for law enforcement officers found to have unlawfully detained individuals. Some human rights observers linked these penalties to extrajudicial killings, asserting that law enforcement officers often viewed killing a suspect as less risky than detaining him/her.

e. Denial of Fair Public Trial

The law provides for the right to a fair and public trial. An independent judiciary generally enforced this right, although not in a timely manner. Corruption through nepotism, personal connections, and sometimes bribery continued to result in relative impunity for wealthy or influential offenders. Insufficient personnel, inefficient processes, and long procedural delays continued to hinder the judicial system. These factors contributed to widespread skepticism that the criminal justice system delivered due process and equal justice.

Trials took place as a series of separate hearings, often months apart, as witnesses and court time became available, contributing to lengthy delays. There was a widely recognized need for more prosecutors, judges, and courtrooms. Judgeship vacancy rates were approximately 30 percent. Courts in Mindanao and poorer provinces had higher vacancy rates than the national average. Sharia (Islamic law) court positions continued to be particularly difficult to fill because of the requirement that applicants be members of both the Sharia Bar and the Integrated Bar. Sharia courts do not have criminal jurisdiction. Although the Prosecutor General was given authority to hire hundreds of new prosecutors for sharia courts, training for them was short and considered inadequate.

The Supreme Court continued efforts to provide speedier trials, reduce judicial malfeasance, increase judicial branch efficiency, and raise public confidence in the judiciary. It continued to implement guidelines to accelerate the resolution of cases in which the maximum penalty would not exceed six years in prison. In 2016 the judiciary instituted new court rules and procedures for case processing that limit the postponement of hearings and made other procedural changes to expedite case processing. The most significant part of the reform, Revised Guidelines for Continuous Trial of Criminal Cases in Pilot Courts, was approved in May for nationwide rollout as part of the Supreme Court’s efforts to decongest court dockets. Implementation began in September.

TRIAL PROCEDURES

The law requires that all persons accused of crimes be informed of the charges against them and grants rights to counsel, adequate time to prepare a defense, and a speedy and public trial before a judge. No criminal proceeding goes forward against a defendant without the presence of a lawyer. The law presumes defendants are innocent. They have the right to confront witnesses against them, be present at their trial, present evidence in their favor, appeal convictions, and not be compelled to testify or confess guilt. The court may appoint an interpreter if necessary. If the court’s interpreter makes serious mistakes, a party can challenge the interpretation. The government generally implemented these requirements, except for the right to a speedy trial.

Although the law provides that cases should be resolved within three months to two years, depending on the court, trials effectively had no time limits. Government officials estimated it took an average of five to six years to obtain a decision.

Authorities respected a defendant’s right to representation by a lawyer, but poverty often inhibited access to effective legal counsel. The Public Attorney’s Office, which reports to the Department of Justice, did not have the necessary resources to fulfill its constitutional mandate and used its limited resources to represent indigent defendants at trial rather than during arraignments or pretrial hearings. During pretrial hearings courts may appoint any lawyer present in the courtroom to provide on-the-spot counsel to the accused.

Sentencing decisions were not always consistent with legal guidelines, and judicial decisions sometimes appeared arbitrary.

POLITICAL PRISONERS AND DETAINEES

Under law enacted in 1945, the government defines political prisoners as those who may be accused of any crime against national security. Using this definition, BuCor reported 162 political prisoners in its facilities as of August. The BJMP does not track political prisoners and defines prisoners based only on security risk.

Various human rights NGOs maintained lists of incarcerated persons they considered political prisoners. The TFDP was tracking 337 political detainees as of June. The majority of those tracked were pretrial detainees, 14 of whom were arrested from January to June. The TFDP noted that, in the majority of cases, authorities mixed political prisoners with the general inmate population, except in the National Bilibid Prison, where they held the majority of political prisoners in maximum-security facilities.

The government used NGO lists as one source of information in the conduct of its pardon, parole, and amnesty programs. The TFDP reported that 14 political prisoners had been released from prisons or detention centers as of July. None of these releases resulted from executive action (pardons or amnesties).

The government permitted regular access to political prisoners by international humanitarian organizations.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Most analysts regard the judiciary as independent and impartial in civil matters. Complainants have access to local trial courts to seek civil damages for, or cessation of, human rights abuses. There are administrative as well as judicial remedies for civil complaints, although overburdened local courts often dismissed these cases. There were no regional human rights tribunals that could hear an appeal from the country.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The government generally respected the privacy of its citizens, although leaders of communist and leftist organizations and rural-based NGOs alleged routine surveillance and harassment. Authorities routinely relied on informant systems to obtain information on terrorist suspects and for the antidrug campaign. Although the government generally respected restrictions on search and seizure within private homes, searches without warrants continued to occur. Judges generally declared evidence obtained illegally to be inadmissible.

For decades the country has contended with armed Muslim separatist movements represented by groups such as the Moro Islamic Liberation Front (MILF) and the Moro National Liberation Front; a communist insurgency supported by a nationwide New People’s Army (NPA) presence; and violence by smaller, transnational terrorist organizations (such as the Abu Sayyaf Group (ASG) and the Jemaah Islamiyah), and other criminal syndicates. During the year there were complaints that the AFP, in confronting the ASG and NPA, illegally detained citizens and displaced residents. Additionally, interclan “rido” (feuds) violence continued in Mindanao, causing civilian deaths and displacement.

On May 23, members of the Maute group and other violent extremist organizations attacked Marawi City in Lanao del Sur, Mindanao. The terrorist group, which has declared allegiance to the Islamic State, occupied and damaged numerous buildings in the city, including hospitals, schools, and city jails. They burned churches and took numerous hostages, including some church staff and one priest.

Killings: The AFP’s Human Rights Office confirmed 16 civilian deaths in separate military operations against insurgent groups. These, however, did not take into account deaths during the Marawi attack and subsequent imposition of martial law in Mindanao. Observers expected these numbers to be significantly higher for the year, but as of October the government and NGOs had not issued any reliable data or estimates.

Antigovernment groups were responsible for numerous civilian deaths. During their violent occupation of Marawi, the Maute Group and other insurgents killed an unknown number of civilians. The NPA, the ASG, the Maute Group, Ansar al-Khalifa, the Bangsamoro Islamic Freedom Fighters (BIFF), and other violent extremist groups used roadside bombs, ambushes, and other means to kill political figures and other civilians, including persons suspected of being military and police informers.

The NPA also menaced government offices and attacked or threatened businesses, power stations, farms, and private communication facilities to enforce collection of extortion payments, or so-called revolutionary taxes.

Abductions: Armed criminal and terrorist groups kidnapped civilians for ransom and sometimes killed the hostages after not receiving sufficient payment. The NPA and some separatist groups were also responsible for a number of arbitrary detentions and kidnappings for ransom. Through unofficial channels, authorities reportedly facilitated ransom payments on behalf of victims’ families and/or employers. The security forces at times attempted to rescue victims.

Physical Abuse, Punishment, and Torture: Leftist and human rights activists continued to report harassment by local security forces, including abuse of detainees by police and prison officials. Rape was not generally used as a weapon of war.

Child Soldiers: The use of child soldiers, particularly by terrorist and antigovernment organizations, remained a problem, particularly in some conflict-affected parts of Mindandao. UNICEF monitored the recruitment and use of children in armed conflicts and the release of child soldiers. UNICEF reported in December 2016 that the MILF implemented commitments to end its use of child soldiers and later confirmed the release of at least 1,869 child soldiers between April 2016 and March 2017. Government reporting mechanisms on child soldiers provided inconsistent data across agencies and regions, especially in conflict-affected areas, which made it difficult to evaluate the problem’s scale. From January to August, the AFP Human Rights Office reported that four NPA child soldiers had either been rescued by or surrendered to the AFP. The Lanao del Sur Crisis Management Committee told media in August that nearly one-half of the remaining fighters in Marawi were minors. In one UN-verified incident, 15 children were used as human shields by BIFF.

The NPA continued to claim it did not recruit children as combatants but admitted that it recruited, trained, and used them for noncombat purposes, such as cooking.

Also see the Department of State’s annual Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

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

Freedom of Expression: Individuals could criticize the government publicly or privately or discuss matters of general public interest. Civil society organizations reported, however, that President Duterte’s public attacks on individuals and international bodies who criticized his policies had a chilling effect on free speech and expression. A July nationwide survey conducted by the Social Weather Station found that 55 percent of the adult respondents said they felt free and open to say anything for or against the government, without fear.

As of December, Senator Leila de Lima awaited formal arraignment on drug charges that led to her arrest and detention in February. During the year prosecutors used a variety of legal tactics, including filing new and amending previous charges, to delay arraignment. De Lima filed a petition for dismissal of the charges, which the Supreme Court rejected in October. The charges arose in 2016 after de Lima had begun hearings into killings related to the antidrug campaign. Although in detention, de Lima had access to the media and some visitors. Her case attracted widespread attention, including of the Pope, and was denounced by human rights groups as politically motivated.

Press and Media Freedom: Independent media remained active and expressed a wide variety of views without restriction, including criticism of the government, despite critical and threatening comments from government leaders. Media commentators criticized most media outlets for lacking rigorous journalistic standards and for reflecting the political or economic orientations of owners, publishers, or patrons, some of whom were close associates of present or past high-level officials. Journalists note that President Duterte’s tendency to single out reporters who ask tough questions had a chilling effect on their willingness to engage, in large part because of a feared loss of access. In the State of the Nation address, Duterte made special mention of two major media outlets, alleging that one was foreign owned while the other was only protecting its vested interests, hence making both media outlets biased. Duterte also threatened the then owners of the Philippine Daily Inquirer newspaper with an expose and criticized them for bias against him, which apparently played a role in their decision to sell.

To circumvent traditional media, in August the Malacanang Presidential Communications Operations Office issued a department order that allows social media practitioners, based on an accreditation system, to cover special events attended by President Duterte.

Violence and Harassment: Journalists continued to face harassment and threats of violence, including from politicians and government authorities critical of their reporting. Human rights NGOs frequently criticized the government for failing to protect journalists.

The nongovernmental Center for Media Freedom and Responsibility (CMFR) reported that two journalists or media workers were killed between January and August in killings related to their profession; all cases were under investigation as of October. The PNP’s Task Force Usig, which investigates and tracks killings of media practitioners, reported one work-related killing as of August. A murder case was filed against seven individuals before the Masbate Prosecutor’s Office.

Many journalists reported an increase in online threats, including threats of violence and harassment, in response to online articles critical of the government. Many journalists who criticized the government reported that they did not yet believe threats to their personal safety were credible, but they were concerned about losing access to the president and presidential palace if they were seen as overly critical. Nonetheless, at least one journalist expressed concerns about personal safety after being singled out by President Duterte. Journalists also reported fear of being framed for drugs and thus caught up in the government’s war on drugs. The possibility of PNP planting a packet of “shabu” (methamphetamines) during a routine traffic stop was the most commonly expressed concern.

Libel/Slander Laws: The law contains criminal penalties for libel. Authorities used criminal defamation charges, which carry the possibility of imprisonment and fines, to harass, intimidate, and retaliate against journalists. The CMFR did not receive any reports of journalists accused of libel in the year to October. A court, however, acquitted a local radio journalist of a libel charge filed by a governor in late June.

INTERNET FREEDOM

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 communication without appropriate legal authority. According to the International Telecommunication Union, approximately 55 percent of the population used the internet in 2016.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

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

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for the right to peaceful assembly, and the police generally exhibited professionalism and restraint in dealing with demonstrators. There was no reported progress in the PNP’s investigation of the forcible dispersal of farmers and protesters in Kidapawan City in April 2016 that left two protesters dead and many others injured. A CHR investigation found that the PNP used unnecessary force to disperse the protest. No disciplinary action was taken and no charges were filed as of October.

c. Freedom of Religion

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

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation and the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Foreign Travel: Government limits on foreign travel were generally based on security or personal safety factors, such as when a citizen had a pending court case, or to discourage travel by vulnerable workers to countries where they could face personal security risks, including trafficking or other exploitation. The Philippine Overseas Employment Administration manages departures for work abroad and requires overseas workers to register and receive predeparture screening, training, and certification before traveling. As of August, 22 countries were considered restricted, with either full or partial employment bans for overseas workers.

INTERNALLY DISPLACED PERSONS (IDPS)

Decades of sectarian and political insurgency, sporadic interclan fighting, and natural disasters have generated significant internal displacement. The number of IDPs was uncertain and fluctuated widely. Counterinsurgency campaigns against the ASG, primarily in Sulu and Basilan Provinces, and clashes with the NPA, concentrated in the most geographically remote provinces, caused sporadic and small-scale displacement. Most IDPs were women and children.

In Mindanao, UNHCR reported that as of May, approximately 110,000 persons displaced since 2012 remained in need of durable solutions. Of those individuals, an estimated 100,200 were displaced by armed conflict (including violence between local communities) and 8,700 by natural disasters. The crisis in Marawi displaced hundreds of thousands of additional persons. In early August, UNHCR reported that the government estimated more than 78,000 families (approximately 360,000 persons) were displaced as a result of the crisis.

Government agencies, often with support from UN agencies and other international donors, provided food (although NGOs noted that food aid was sometimes delayed); constructed shelters and public infrastructure; repaired schools; built sanitation facilities; offered immunization, health, and social services; and provided cash assistance and skills training for IDPs. The government permitted humanitarian organizations access to IDP sites. Security forces sometimes carried out military operations near IDP sites, increasing the risk of casualties and damage and restricting freedom of movement. Impoverished IDPs were highly susceptible to human trafficking networks. Additionally, despite a government policy of free public education, significant numbers of children in displaced families were unable to attend school because of unofficial school fees and transportation expenses.

At times the government encouraged IDPs to return home, but they were often reluctant to do so for security or welfare reasons.

PROTECTION OF REFUGEES

Access to Asylum: No comprehensive legislation provides for granting refugee status or asylum. The Department of Justice’s Refugee and Stateless Persons Protections Unit (RSPPU) determines which asylum seekers qualify as refugees in accordance with an established, accessible system that appeared to provide basic due process.

Safe Country of Origin/Transit: The government cooperated with UNHCR and other humanitarian organizations to assist refugee transit through the country pursuant to a Department of Foreign Affairs-UNHCR memorandum of agreement. UNHCR recorded the transit of 15 refugees between January and August.

Employment: The government allowed refugees to work. A Department of Labor and Employment order affirmed refugees’ and stateless persons’ access to work permits. Since 2013 the Bureau of Immigration has provided temporary work permits for persons with pending applications for recognition as refugee and/or stateless status upon endorsement by the RSPPU. The types of employment open to refugees and stateless persons were generally the same as those open to other legal aliens.

STATELESS PERSONS

The Department of Justice was responsible for statelessness determinations of persons born in the country and of newly arrived persons. According to revised rules, after an applicant files for a determination of statelessness, deportation or exclusion proceedings against the applicant and dependents are suspended and the applicant may be released from detention. Stateless persons may be naturalized. As of August there were no known cases of social discrimination against stateless persons.

By March a joint UNHCR-Philippine survey of persons of Indonesian descent at risk of statelessness in Southern Mindanao registered 8,745 persons, of whom 5,208 had their citizenship confirmed. The Philippine and Indonesian governments jointly reaffirmed the provision of consular assistance to both documented and undocumented migrants of Indonesian descent.

As of October three stateless persons were classified as refugees.

The law provides citizens the ability to choose their government by secret ballot in free and fair periodic elections based on universal and equal suffrage. Candidates, including for the presidency, frequently had their legal right to run for office challenged by political opponents on the basis of criminality, citizenship, or other disqualifying conditions. These cases were sometimes pursued to the Supreme Court. Political candidates were allowed to substitute themselves for placeholders if unable to complete the registration process on time.

Elections and Political Participation

Recent Elections: The country conducted nationwide elections in May 2016 for the presidency, both houses of congress, provincial governors, and local government officials. Barangay, or village-level, elections originally scheduled for October 2016 were twice postponed and rescheduled, as of year’s end, for May 2018. International and national observers viewed the 2016 elections as generally free and fair but reported that vote buying was widespread and that dynastic political families continued to monopolize elective offices. The PNP reported 28 incidents of election-related violence that led to 50 deaths during the campaign and on election day, but overall security incidents were few compared to many previous elections.

Participation of Women and Minorities: No laws limit participation of women and/or members of minorities in the political process, and they did participate. Participation by these groups did not change significantly compared with the national election in 2010 or the midterm elections in 2013.

Political life is male dominated, and observers commented that some female politicians served as “placeholders” when male members of their dynastic political families had to leave office due to term limits. Media commentators also expressed concern that political dynasties limited the opportunities for female candidates not connected to political families to seek nomination.

There were no Muslim or indigenous cabinet members or senators, but there were 11 Muslim members of the House of Representatives, mostly from Muslim-majority provinces, and one member of indigenous descent in the House of Representatives. Muslims, indigenous groups, and others maintained that electing senators from a nationwide list favored established political figures from the Manila area. They advocated election of senators by region, which would require a constitutional amendment.

The law provides for a party-list system, designed to ensure the representation of marginalized and underrepresented sectors of society, for 20 percent of the seats in the House of Representatives.

The law provides criminal penalties for corruption by public officials, but the government did not implement these laws effectively, and officials sometimes engaged in corrupt practices with impunity. There were reports of corruption.

Corruption: To combat corruption, the constitution establishes the independent Office of the Ombudsman, an appellate-level anticorruption court (the Sandiganbayan), and the Commission on Audit. All three organizations were underresourced, but they actively collaborated with the public and civil society and appeared to operate independently and use their limited resources effectively. Despite government efforts to file charges and obtain convictions in a number of cases, officials continued to engage in corrupt practices with relative impunity.

Investigation of allegations continued in the expanding “pork barrel” scandal of 2014 about the diversion of congressional funds to fake NGOs. The Department of Justice committed to review the previous administration’s probe of alleged misuse of the Priority Development Assistance Fund. As of October the Office of the Ombudsman charged 32 persons, including congressmen, NGO officials, and private individuals, in the Sandiganbayan.

As of August the Office of the Ombudsman had won 34 convictions in 164 corruption cases, including that of former chairman of the Presidential Commission on Good Government, Camilo Sabio, for entering into two lease agreements that cost the government 12.1 million pesos ($242,000). Sabio received a sentence of six to 10 years in prison. Melchor Maderazo, the former mayor of Caibiran, Biliran, was also convicted and sentenced to eight years in prison for continuing to receive salaries and benefits in contravention of a series of orders by the Sandiganbayan and provincial council.

Reports continued of widespread corruption among prison guards and some prison officials and of solicitation of bribes by PNP members and judicial workers, who were accused of extorting bribes by threatening to delay or derail cases if not paid bribes. The Philippine Center for Investigative Journalism reported as of May that 166 PNP personnel were involved with illegal drugs and facing dismissal from service.

Financial Disclosure: The Code of Conduct and Ethical Standards for Public Officials and Employees requires all public officials and employees to file under oath a statement of assets, liabilities, and net worth and to disclose their personal business interests and financial connections, as well as those of their spouses and unmarried children living in their households. Nondisclosure is punishable by imprisonment not exceeding five years, a fine not exceeding 5,000 pesos ($100), or both, and at the discretion of the court, disqualification from holding public office. The Civil Service Commission implements and enforces the law, forwarding nondisclosure cases to the Office of the Ombudsman for prosecution. In 2016 the congressional bicameral Commission on Appointments confirmed 24 military officers, despite noting that many had failed to submit sufficient statements of assets, liabilities, and net worth.

Women

Rape and Domestic Violence: Rape, including spousal rape, is illegal, with penalties ranging from 12 to 40 years’ imprisonment with pardon or parole possible only after 30 years’ imprisonment. Conviction can also result in a lifetime ban from political office. Penalties for forcible sexual assault range from six to 12 years’ imprisonment, but difficulty in obtaining convictions remained a challenge for effective enforcement. The Department of Social Welfare and Development provided shelter, counseling, and health services to female survivors of rape. There continued to be reports of rape and sexual abuse of women in police or protective custody.

Domestic violence against women remained a serious and widespread problem. The law criminalizes physical, sexual, and psychological harm or abuse to women and children committed by their spouses, partners, or parents. Penalties depend on the severity of the crime and may include imprisonment or fines. From January to June, the Department of Social Welfare assisted 199,218 women categorized as “women in especially difficult circumstances.” Of these, the great majority of cases involved physical, psychological, and sexual abuse, and the number included 1,434 female victims of trafficking in persons. The department also assisted many women with disabilities and female victims of other abuses, including emotional and economic battery. As of June the PNP reported 15,742 cases of domestic violence against women and children. Statistics were unavailable on prosecutions, convictions, and punishments for cases filed by the PNP. The PNP-Directorate for Police Community Relations conducted three orientation seminars in March and July entitled “Men Opposed to Violence Against Women Everywhere” with 100 participants from different police units.

NGOs noted that, in smaller localities, perpetrators of abuse sometimes used personal relationships with local authorities to avoid prosecution.

The PNP and the Department of Social Welfare both maintained help desks to assist survivors of violence against women and encourage reporting. With the assistance of NGOs, the CHR, and the Philippine Commission on Women, law enforcement officers continued to receive gender sensitivity training to deal with victims of sexual crimes and domestic violence. The PNP maintained a women and children’s unit with 1,918 desks throughout the country to deal with abuse cases. The PNP increased the number of personnel assigned to these Women and Children Protection Desks because of their increased responsibilities for handling trafficking cases; 4,576 officers were assigned to the desks nationwide, almost 98 percent of them women.

Sexual Harassment: The law prohibits sexual harassment, and violations are punishable by imprisonment of not less than one month and not more than six months, and/or a fine of not less than 10,000 pesos ($200) and not more than 20,000 pesos ($400). But sexual harassment remained widespread and underreported, including in the workplace, due to victims’ fear of losing their jobs.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: In law but not always in practice, women have most of the rights and protections accorded to men, and the law seeks to eliminate discrimination against women. The law accords women the same property rights as men. In Muslim and indigenous communities, however, property ownership law or tradition grant men more property rights than women.

In March the CHR denied a motion for reconsideration submitted by President Duterte related to its 2016 finding that the words and actions of then president-elect Duterte violated the law. The CHR found that Duterte’s joke during the presidential campaign about the rape and murder of an Australian citizen was in violation of the law because it amounted to violence against women. In accordance with the law, the CHR called on the Civil Service Commission and the Department of Interior and Local Government to recommend appropriate sanctions.

No law mandates nondiscrimination based on gender in hiring, although the law prohibits discrimination in employment on the basis of sex. Nonetheless, women continued to face discrimination on the job as well as in hiring (see section 7.d.).

The law does not provide for divorce. Legal annulments and separation are possible, and courts generally recognized foreign divorces if one of the parties is a foreigner. These options, however, are costly, complex, and not readily available to the poor. The Office of the Solicitor General is required to oppose requests for annulment under the constitution. Informal separation is common, but brings with it potential legal and financial problems. Muslims have the right to divorce under Muslim family law.

Children

Birth Registration: Citizenship derives from birth to a citizen parent and, in certain circumstances, from birth within the country’s territory to alien parents. The government promoted birth registration, and authorities immediately registered births in health facilities. Births outside of facilities were less likely to be registered promptly, if at all. NGOs previously estimated that more than 2.5 million children were unregistered, primarily among Muslim and indigenous groups. The Department of Social Welfare continued working closely with local governments to improve registration; the Philippines Statistics Authority operated mobile birth registration units to reach rural areas.

Education: Kindergarten, elementary, and secondary education is free and compulsory through age 18, but the quality of education was often poor, and access difficult, especially in rural areas where substandard infrastructure makes traveling to school challenging.

Child Abuse: Child abuse remained a problem. From January to June, Department of Welfare offices served 2,396 victims of child abuse, 69 percent of whom were girls. Several cities ran crisis centers for abused women and children.

Early and Forced Marriage: The legal minimum age for marriage for both sexes is 18; anyone below 21 must have parental consent. Under Muslim personal law, Muslim boys may marry at 15 and girls may marry when they reach puberty.

Sexual Exploitation of Children: The law prohibits the commercial exploitation of children and child pornography and defines purchasing commercial sex acts from a child as a trafficking offense. Authorities endeavored to enforce the law. The minimum age for consensual sex is 12. The statutory rape law criminalizes sex with minors under 12 and sex with a child under 18 involving force, threat, or intimidation. The maximum penalty for child rape is 40 years in prison plus a lifetime ban from political office. The production, possession, and distribution of child pornography are illegal, and penalties range from one month to life in prison, plus fines from 50,000 to five million pesos ($1,000 to $100,000), depending on the gravity of the offense.

Despite these penalties, law enforcement agencies and NGOs reported that criminals and family members continued to use minors unlawfully in the production of pornography and in cybersex activities. The country is the top global internet source of online child pornography.

Child prostitution continued to be a serious problem, and the country remained a destination for child sex tourism by domestic and foreign clients. The government continued to prosecute accused pedophiles and deport those who were foreigners. Additionally, the live internet broadcast of young Filipino girls, boys, and sibling groups performing sex acts for paying foreigners continued. The National Bureau of Investigation and the PNP worked closely with the Labor Department to target and close facilities suspected of prostituting minors.

Displaced Children: The most recent UNICEF data, from 2012, estimated there were approximately 250,000 street children. From January to June, the Department of Social Welfare provided residential and community-based services to 1,018 street children nationwide, of whom 528 were served in residential facilities and 490 were served under the Comprehensive Program for Street Children, Street Families, and Indigenous Peoples. This program included activity centers, education and livelihood aid, and community service programs.

Under the juvenile justice law, children 15 years old and younger who commit a crime are exempt from criminal liability. Police stations had youth relations officers to ensure that authorities treated minor suspects appropriately, but in some cases they ignored procedural safeguards and facilities were not child friendly. The law mandates that the Department of Social Welfare provide shelter, treatment, and rehabilitation services to these children. As of June, the department assisted 1,862 children in conflict with the law (that is, alleged as, accused of, or judged as having committed an offense) in 16 rehabilitation centers nationwide. Additionally, several local governments established and managed youth centers that provided protection, care, training, and rehabilitation for these children and other at-risk youth.

The PNP’s Women and Children’s Protection Center reported in late 2016 that approximately 38,000 minors surrendered to authorities in response to the antidrug campaign. As the legal status of those voluntarily surrendering remained ambiguous, it was not clear that these minors were being treated as required by law.

International Child Abductions: The country is 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 travel.state.gov/content/childabduction/english/legal/compliance.html.

Anti-Semitism

An estimated 500 to 5,000 persons of Jewish heritage, mostly foreign nationals, lived in the country. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s annual Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, but the government did not effectively enforce these provisions. Laws, such as the Magna Carta for Disabled Persons, provide for equal access for persons with both physical and mental disabilities to all public buildings and establishments, but many barriers remained.

The National Council for Disability Affairs formulated policies and coordinated the activities of government agencies for the rehabilitation, self-development, and self-reliance of persons with disabilities and their integration into the mainstream of society.

Persons with disabilities continued to face discrimination and other challenges in finding employment (see section 7.d.).

From January to June, the Department of Social Welfare provided services to 517 persons with disabilities in assisted-living centers and community-based vocational centers nationwide, significantly fewer than reported in the previous year.

Advocates for persons with disabilities contended that equal access laws were ineffective due to weak implementing regulations, insufficient funding, and inadequately focused integrative government programs. The great majority of public buildings remained inaccessible to persons with physical disabilities. Many schools had architectural barriers that made attendance difficult for persons with disabilities.

Some children with disabilities attended schools in mainstream or inclusive educational settings. The Department of Education’s 448 special education centers were inaccessible and the government lacked a clear system for informing parents of children with disabilities of their educational rights and did not have a well defined procedure for reporting discrimination in education.

Government efforts to improve access to transportation for persons with disabilities were limited.

The constitution provides for the right of persons with physical disabilities to vote. The Commission on Elections determines the capacity of persons with mental disabilities to vote during the registration process, and citizens may appeal exclusions and inclusions in court. A federal act authorizes the commission to establish accessible voting centers exclusively for persons with disabilities and senior citizens.

Indigenous People

Although no specific laws discriminate against indigenous people, the geographical remoteness of the areas that many inhabit and cultural bias prevented their full integration into society. Indigenous children often suffered from lack of health care, education, and other basic services. Government officials indicated that approximately 80 percent of the country’s government units complied with the long-standing legal requirement that indigenous peoples be represented in policy-making bodies and local legislative councils.

The National Commission on Indigenous Peoples, a government agency staffed by tribal members, was responsible for implementing constitutional provisions to protect indigenous peoples. It has authority to award certificates identifying “ancestral domain lands” based on communal ownership, thereby stopping tribal leaders from selling the land. Additionally, the commission studies “ancestral sea” claims, since some indigenous groups, such as the Sama-Bajau, who customarily lived in western Mindanao, traditionally practiced migratory fishing. Approvals of “ancestral sea” claims were limited, and the lack of access to traditional fishing grounds contributed to the displacement of many Sama-Bajau.

Armed groups frequently recruited from indigenous populations. Indigenous peoples’ lands were also often the site of armed encounters related to resource extraction or intertribal disputes, which sometimes resulted in displacement.

Forces from the indigenous Lumad group with alleged ties to the AFP reportedly closed or occupied schools for alleged ties to the NPA, thereby hampering access to education for indigenous children.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

National laws neither criminalize consensual same-sex sexual conduct nor prohibit discrimination based on sexual orientation and gender identity. Twenty-four cities or municipalities have a version of an antidiscrimination ordinance that protects lesbian, gay, bisexual, and transgender–but not intersex–rights.

Officials prohibit transgender individuals from self-reporting their gender on passport applications. Authorities print the sex assigned at birth, as reported on the certificate of birth, in the individual’s passport, which posed difficulty for transgender persons seeking to travel, including instances of transgender individuals forced from planes.

NGOs reported incidents of discrimination and abuse against LGBTI persons, including in employment (see section 7.d.), education, health care, housing, and social services.

Human Rights Watch reported that LGBTI students continued to face many forms of bullying in schools, such as physical, verbal, sexual, and cyber.

HIV and AIDS Social Stigma

The law prohibits discrimination against persons with HIV/AIDS, including in access to basic health and social services. Nevertheless, there was anecdotal evidence of discrimination against HIV/AIDS patients in the government’s provision of health care, housing, employment, and insurance services (see section 7.d.). In August the Research Institute for Tropical Medicine, the Health Department’s research facility, declared the HIV epidemic a national emergency, and the department declared the epidemic a health priority.

Other Societal Violence or Discrimination

The Children’s Legal Rights and Development Center reported in January that 31 minors were killed in either police operations or vigilante-style killings as part of the antidrug campaign.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers, with the exception of the military, police, short-term contract employees, and some foreign workers, to form and join independent unions, bargain collectively, and conduct strikes; it prohibits antiunion discrimination. The law, however, places several restrictions on these rights.

Laws and regulations provide for the right to organize and bargain collectively in both the private sector and corporations owned or controlled by the government. The law prohibits organizing by foreign national or migrant workers unless a reciprocity agreement exists with the workers’ countries of origin specifying that migrant workers from the Philippines are permitted to organize unions there. The law also requires the participation of 20 percent of the employees in the bargaining unit where the union seeks to operate; the International Labor Organization (ILO) called this requirement excessive and urged the government to lower minimum membership. The scope of collective bargaining in the public sector is limited to a list of terms and conditions of employment negotiable between management and public employees. These are items requiring appropriation of funds, including health-care and retirement benefits, and those that involved the exercise of management prerogatives, including appointment, promotion, compensation, and disciplinary action, are nonnegotiable.

Strikes in the private sector are legal. Unions are required to provide strike notice, respect mandatory cooling-off periods, and obtain approval from a majority of members before calling a strike. The Labor Department’s Bureau of Labor Relations reported 140 notice of strike/lockout and preventive mediation cases from January to June. Of the total, 57 cases were settled and 55 cases were withdrawn by the filer.

The law subjects all problems affecting labor and employment to mandatory conciliation-mediation for one month. Parties to a dispute must attempt mediation before giving notice to strike; if that fails, the union may issue a strike notice. Parties may bring any dispute to mediation; but strikes or lockouts must be related to acts of unfair labor practice, a gross violation of collective bargaining laws, or a collective bargaining deadlock. The law provides for a maximum prison sentence of three years for participation in an illegal strike, a requirement that the ILO urged the government to amend.

The law permits employers to dismiss union officers who knowingly participate in an illegal strike. Union officers convicted of striking illegally are subject to imprisonment for up to three years, although there has never been such a conviction.

The law prohibits government workers from joining strikes under the threat of automatic dismissal. Government workers may file complaints with the Civil Service Commission, which handles administrative cases and arbitrates disputes. Government workers may also assemble and express their grievances on the work premises during nonworking hours.

The secretary of the Department of Labor and Employment, and in certain cases the president, may intervene in labor disputes by assuming jurisdiction and mandating a settlement if either official determines that the strike-affected company is vital to the national interest. Vital sectors include hospitals, the electric power industry, water supply services (excluding small bottle suppliers), air traffic control, and other activities or industries as recommended by the National Tripartite Industrial Peace Council (NTIPC). Labor rights advocates continued to criticize the government for maintaining definitions of vital services that were broader than international standards.

By law antiunion discrimination, especially in hiring, is an unfair labor practice and may carry criminal or civil penalties (although generally civil penalties were favored over criminal penalties).

The government generally respected freedom of association and collective bargaining and enforced laws that provided for protection of these rights. The Department of Labor has general authority to enforce laws on freedom of association and collective bargaining. The National Labor Relations Commission’s (NLRC) labor arbiter may also issue orders or writs of execution for reinstatement that go into effect immediately, requiring employers to reinstate the worker and report compliance to the NLRC. Allegations of intimidation and discrimination in connection with union activities are grounds for review by the quasi-judicial NLRC, as they may constitute possible unfair labor practices. If there is a definite preliminary finding that a termination may cause a serious labor dispute or mass layoff, the Labor Department secretary may suspend the termination and restore the status quo pending resolution of the case.

Penalties under the law for violations of freedom of association or collective bargaining laws are imprisonment of not less than three months or more than three years with a fine of not less than 1,000 pesos ($20) or more than 10,000 pesos ($200). Such penalties were generally not sufficient to deter violations.

Administrative and judicial procedures were subject to lengthy delays and appeals. Before disputes reach the NLRC, the Labor Department provides mediation services through a board, which settles most unfair labor practice disputes. Through the National Conciliation and Mediation Board, the department also works to improve the functioning of labor-management councils in companies with unions.

The NTIPC serves as the main consultative and advisory mechanism on labor and employment. It functions primarily as a forum for advice and consultation among organized labor, employers, and government in the formulation and implementation of labor and employment policies. It also acts as the central entity to monitor recommendations and ratifications of ILO conventions. The Labor Department, through the NTIPC, is responsible for coordinating the investigation, prosecution, and resolution of cases pending before the ILO concerning allegations of violence and harassment directed at labor leaders and trade union activists.

Workers faced several challenges in exercising their rights to freedom of association and collective bargaining. Unions continued to claim that local political leaders and officials who governed the Special Economic Zones (SEZs) explicitly attempted to frustrate union organizing efforts by maintaining union-free or strike-free policies. Unions also claimed that the government stationed security forces near industrial areas or SEZs to intimidate workers attempting to organize and alleged that companies in SEZs used frivolous lawsuits to harass union leaders. Local SEZ directors claimed exclusive authority to conduct their own inspections as part of the zones’ privileges intended by the legislature. Employers controlled hiring through special SEZ labor centers. For these reasons, and in part due to organizers’ restricted access to the closely guarded zones and the propensity among zone establishments to adopt fixed-term, casual, temporary, or seasonal employment contracts, unions had little success organizing in the SEZs.

There were no reports of labor-related violence during the year. In 2016 a union leader and trade union organizer were killed in separate incidents. In both cases it was speculated that their positions provided a motive for the violence.

Some employers reportedly chose to employ workers who could not legally organize, such as short-term contract and foreign national workers, to minimize unionization and avoid other rights accorded to “regular” workers. The NGO Center for Trade Union and Human Rights contended that this practice led to a decline in the number of unions and workers covered by collective bargaining agreements. Employers also often abused contractual labor provisions by rehiring employees shortly after the expiration of the previous contract. The Department of Labor reported that there were multiple cases of workers alleging employers refused to bargain.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Legal penalties for forced labor were sufficiently stringent.

Trade unions reported continued poor compliance with the law, due in part to the government’s lack of capacity to inspect labor practices in the informal economy. The government continued awareness-raising activities, especially in the provinces, in an effort to prevent forced labor. In 2016 the Labor Department began an orientation program for recruits for commercial fishing vessels, who were among the workers most vulnerable to forced labor conditions.

Reports of forced labor by adults and children continued, mainly in fishing and other maritime industries, small-scale factories, gold mines, domestic service, agriculture, and other areas of the informal sector (see section 7.c.). Unscrupulous employers subjected women from rural communities and impoverished urban centers to domestic servitude, forced begging, and forced labor in small factories. They also subjected men to forced labor and debt bondage in agriculture, including on sugar cane plantations and in fishing and other maritime industries.

There were reports that some persons who voluntarily surrendered to police and local government units in the violent antidrug campaign were forced to do manual labor, exercise, or other activities that could amount to forced labor without charge, trial, or finding of guilt under law.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children younger than the age of 15, except under the direct and sole responsibility of parents or guardians, and sets the maximum number of working hours for them at four hours per day and no more than 20 hours per week. Children between the ages of 15 and 17 are limited to eight working hours per day, up to a maximum of 40 hours per week. The law forbids the employment of persons younger than 18 in hazardous work. The law sets the minimum age for domestic workers at 15.

Although the government supported programs that sought to prevent, monitor, and respond to child labor, resources remained inadequate. The government imposed fines and instituted criminal prosecutions for law violations in the formal sector, such as in manufacturing. Fines for child labor law violations were not sufficient to deter violations. From January to August, the Labor Department, through its Sagip Batang Manggagawa (Rescue Child Laborers) program, conducted six operations and removed 13 minors from hazardous and exploitative working conditions. As of August the department closed one establishment for violations of child labor laws.

The government, in coordination with domestic NGOs and international organizations, continued to implement programs to develop safer options for children, return them to school, and offer families viable economic alternatives to child labor. The Labor Department continued its efforts to deliver appropriate interventions aimed at reducing the worst forms of child labor and removing children from hazardous work under the H.E.L.P.M.E. (Health, Education, Livelihood, and Prevention, Protection, and Prosecution, Monitoring and Evaluation) Convergence Program.

Despite these efforts, child labor remained a common problem. Cases reported to the Labor Department centered in the service and agricultural sectors, notably in the fishing, palm oil, and sugarcane industries. Most child labor occurred in the informal economy, often in family settings. Child workers in those sectors and in activities such as gold mining, manufacturing (including pyrotechnic production), domestic service, drug trafficking, and garbage scavenging faced exposure to hazardous working environments.

NGOs and government officials continued to report cases in which family members sold children to employers for domestic labor or sexual exploitation. Findings from the joint National Statistics Office-ILO 2011 Survey on Children, the most recent data available, estimated that 5.5 million of the country’s 29 million children between the ages of five and 17 were working and that three million worked in hazardous jobs. The survey also found the highest incidence of child labor (60 percent) in the agricultural sector.

Child soldiering also continued to be a problem (see section 1.g.).

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation on the basis of sex, race, creed, disability, and HIV, tuberculosis, hepatitis B, or marital status. The law does not prohibit employment discrimination with respect to color, political opinion, national origin or citizenship, language, sexual orientation, gender identity, age, other communicable disease status, or social origin. While some local antidiscrimination ordinances existed at the municipal or city levels that prohibit employment discrimination against LGBT–but not intersex–persons, there was no prohibition against such discrimination in national legislation.

The law requires most government agencies and government-owned corporations to reserve 1 percent of their positions for persons with disabilities; government agencies engaged in social development must reserve 5 percent. The law commits the government to providing “sheltered employment” to persons with disabilities, for example in workshops providing special facilities. The Labor Department’s Bureau of Local Employment maintained registers of persons with disabilities that indicate their skills and abilities and promoted the establishment of cooperatives and self-employment projects for such persons.

Persons with disabilities experienced discrimination in hiring and employment. The Labor Department estimated that only 10 percent of employable persons with disabilities were able to find work.

There were few cases filed to test how effectively the law was enforced. The government did not effectively monitor and enforce laws prohibiting employment discrimination based on disability, and the National Council for Disability Affairs and the Labor Department did not monitor the regulation regarding the employment of persons with disabilities effectively. The effectiveness of penalties to prevent violations could not be assessed.

The government had limited means to assist persons with disabilities in finding employment, and the cost of filing a lawsuit and lack of effective administrative means of redress limited the recourse of such persons when prospective employers violated their rights. In 2016 an HIV-positive worker won a case against his employer for having been fired as a result of his HIV-positive diagnosis. The court ordered that the individual be reinstated and receive approximately 600,000 pesos ($12,000) in damages and back wages.

Discrimination in employment and occupation occurred with respect to LGBTI persons. A number of LGBTI organizations submitted anecdotal reports of discriminatory practices that affected the employment status of LGBTI individuals. Discrimination cases included the enforcement of rules, policies, and regulations that disadvantaged LGBTI persons in the workplace. For example transgender women were told by recruitment officers that they would be hired only if they presented themselves as males by cutting their hair short, dressing in men’s clothes, and acting in stereotypically masculine ways. In August local media reported workplace discrimination against an LGBTI person whose new employer, a popular local fast food chain, stated that the company was not yet ready to accept LGBTI staff or culture in its office because of the company’s Roman Catholic beliefs.

Women faced discrimination both in hiring and on the job. Some labor unions claimed female employees suffered punitive action when they became pregnant. Although women faced workplace discrimination, they continued to occupy positions at all levels of the workforce.

Women and men were subject to systematic age discrimination, most notably in hiring practices.

e. Acceptable Conditions of Work

As of July tripartite regional wage boards of the National Wage and Productivity Commission had made no increases to the daily minimum wage rates for agricultural and nonagricultural workers. Minimum wages ranged from 491 pesos ($9.82) per day for nonagricultural workers in the Manila region to 243 pesos ($4.86) per day for agricultural workers in the Ilocos region. The law did not cover many workers, since wage boards exempted some newly established companies and other employers from the rules because of factors such as business size, industry sector, export intensity, financial distress, and capitalization level.

Domestic workers worked under a separate wage and benefit system, which lays out minimum wage requirements and payments into social welfare programs, and mandates one day off a week. A 2010 survey, the most recent data available, reported that 1.9 million people were employed as domestic workers, with nearly 85 percent being women and girls as young as 15.

According to the government, in 2015, the latest year for which such data was available, a family of five needed an average income of 8,022 pesos ($160) per month to avoid poverty.

Penalties for noncompliance with increases or adjustments in the wage rates as prescribed by law are a fine not exceeding 25,000 pesos ($500), imprisonment for not less than one year nor more than two years, or both. In addition to fines, the government used administrative procedures and moral suasion to encourage employers to rectify violations voluntarily.

By law the standard workweek is 48 hours for most categories of industrial workers and 40 hours for government workers, with an eight-hour per day limit. The law mandates one day of rest each week. The government mandates an overtime rate of 125 percent of the hourly rate on ordinary days, 130 percent on special nonworking days, and 200 percent on regular holidays. There is no legal limit on the number of overtime hours that an employer may require.

The law provides for a comprehensive set of occupational safety and health standards. Regulations for small-scale mining prohibit certain harmful mining practices, including the use of mercury and underwater, or compressor, mining. The law provides for the right of workers to remove themselves from situations that endangered health or safety without jeopardy to their employment. Most labor laws apply to foreign workers, who must obtain work permits and may not engage in certain occupations.

The Labor Department’s Bureau of Working Conditions (BWC) monitors and inspects compliance with labor law in all sectors, including workers in the formal sector, nontraditional laborers, and informal workers, and inspects SEZs and businesses located there. The number of labor law compliance officers, who monitor and enforce the law, including by inspecting compliance with core labor and occupational safety standards and minimum wages, increased slightly. Nonetheless, the number of compliance officers was insufficient to enforce compliance for the workforce of 42 million workers. The Labor Department prioritized increasing the number of officers, however, acknowledging that insufficient inspection funds continued to impede its ability to investigate labor law violations effectively, especially in the informal sector and in small and medium-size enterprises.

The Department of Labor continued to implement its Labor Laws Compliance System for the private sector. The system included joint assessments, compliance visits, and occupational safety and health standards investigations. Labor Department inspectors conducted joint assessments with employer and worker representatives; inspectors also conducted compliance visits and occupational safety and health standards investigations. The Labor Department and the ILO also continued to implement an information management system to capture and transmit data from the field in real time using mobile technology. Of the 30,874 establishments jointly assessed by the labor inspectors and worker and employer representatives, 16,113 were found to be deficient in enforcing labor standards, including core labor standards and minimum wage rates. Following a deficiency finding, the Labor Department may issue compliance orders that can include a fine or, if the deficiency poses a grave and imminent danger to workers, suspend operations. The BWC also reported 29 establishments were found deficient with respect to child labor law.

Violations of minimum wage standards were common, as was the use of contract employees to avoid the payment of required benefits, including in the SEZs. Many firms hired employees for less than minimum wage apprentice rates, even if there was no approved training in their work. Complaints about payment under the minimum wage and nonpayment of social security contributions and bonuses were particularly common at companies in the SEZs. In March the Labor Department issued Department Order 174, setting stricter guidelines on the use of labor contracting and subcontracting. Some labor unions, however, criticized the order for not ending all forms of contractual work.

There were also gaps and uneven applications of the law. Media reported problems in the implementation and enforcement of the domestic worker’s law, including a tedious registration process, an additional financial burden on employers, and difficulty in monitoring employer compliance.

During the year various labor groups criticized the government’s enforcement efforts, in particular the Labor Department’s lax monitoring of occupational safety and health standards in workplaces. Between January and July, the BWC recorded 11 work-related accidents that caused 38 deaths and 11 injuries. Statistics on work-related accidents and illnesses were incomplete, as incidents were underreported, especially in agriculture.

The government and several NGOs worked to protect the rights of the country’s overseas citizens, most of whom were Philippine Overseas Employment Administration (POEA) contract or temporary workers. Although the POEA registered and supervised domestic recruiter practices, authorities often lacked sufficient resources to provide worker protection overseas. The government, nonetheless, launched an interagency humanitarian mission to provide assistance to thousands of citizen workers laid off or stranded in Saudi Arabia and facilitated the repatriation of hundreds. As of September the Department of Social Welfare reported “hundreds” of citizens still needed repatriation from Saudi Arabia.

The government continued to place financial sanctions on, and bring criminal charges against, domestic recruiting agencies found guilty of unfair labor practices. From January to August, the POEA reported a total of 100 suspension orders issued to 57 licensed recruitment agencies for various violations. Foreigners were generally employed in the formal economy and recruited for high-paying, specialized positions. They typically enjoyed better working conditions than citizens.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. There were problems, however, with police misconduct and corrections officers’ abuse of prisoners. The law lacks a clear legal definition of torture, which authorities did not report as a separate crime, but all actions that could be considered “torture” are prohibited and penalized in criminal proceedings under other provisions of the law that directly apply the country’s obligations under international treaties and conventions prohibiting torture. The law outlines disciplinary actions for police, including reprimand, demotion in rank, and dismissal. Civil society groups noted cases of police misconduct against persons in custody.

On September 12, the Poznan regional prosecutor’s office charged four former police officers with abuse of power and physical and psychological violence against a 25 year-old man who died in police custody in Wroclaw in May 2016. Video footage shows police beating and using a stun gun on the man who was handcuffed in a jail cell. In May the interior and administration minister dismissed the Lower Silesia regional police commander, deputy commander, and the Wroclaw city police chief in response to the incident. As of September 30, the case against the officers was pending.

As of October 1, prosecutors had charged 18 police officers in Olsztyn with the use of violence and threats to extract testimony from 35 detainees in 2015.

Prison and Detention Center Conditions

Prison and detention center conditions were adequate. Vacancies in the prison medical staff and limited prisoner access to specialized medical treatment continued to be problems.

Physical Conditions: While authorities generally separated juveniles from adults, the law allows shared housing in prisons and detention centers in exceptional cases. Juveniles were at times held together with adult prisoners. Authorities usually sent juveniles between the ages of 17 and 21 accused of serious crimes to pretrial detention.

Authorities often held pretrial detainees in prisons pending trial, but in areas separate from convicts.

In 2013 the CPT found that authorities at the Municipal Police Department in Lublin, the Metropolitan Police Department in Warsaw, and the Warsaw-Bialoleka Police Department did not respect the privacy of communal toilets and showers. At the Bydgoszcz Municipal Police Department, the closed-circuit television coverage included the in-cell toilets. These problems persisted. The criminal code authorizes prison directors to install cameras if the directors determine the cameras are required to prevent criminal activity in the prison.

In May the Helsinki Human Rights Foundation published a report describing systemic problems with medical care in prisons. These included inadequate medical services, including a lack of specialized medical care, too few doctors to handle the workload, and poor medical infrastructure.

According to a July 2016 report by the human rights defender, most prisons and detention facilities did not meet the needs of persons with disabilities. Although prisoners with disabilities may be placed in cells modified for their disability, prisoners with disabilities had limited access to shower rooms, community rooms, and walking areas.

The law permits authorities to commit prisoners to the National Center for the Prevention of Dissocial Behaviors who have served their prison sentences and undergone a custodial therapy program, but who have mental disabilities believed to create a high probability they would commit another serious crime against a person. The Helsinki Foundation for Human Rights pointed out that mandatory detention after completion of sentence may violate the person’s freedom and be retroactive. In November 2016 the Constitutional Court ruled the law constitutional.

Administration: Authorities investigated credible allegations of inhuman conditions and made their findings publicly accessible. The human rights defender may join proceedings in civil and administrative courts on behalf of prisoners and detainees, either when these file a complaint or when information otherwise leads to an allegation of inhuman conditions. The human rights defender administers the national preventive mechanism, an independent program responsible for monitoring conditions and treatment of detainees in prisons and detention facilities. During the first nine months of the year, the National Preventive Mechanism team visited five prison and detention facilities, including pretrial detention centers and prison facilities. The human rights defender’s office separately visits prisons, including in response to individual prisoner complaints. During the first nine months of the year, the defender’s team visited 10 detention facilities. The National Preventive Mechanism and the human right’s defender’s office published their findings and recommendations to relevant authorities in annual reports.

Independent Monitoring: The government allowed independent monitoring of prison conditions and detention centers on a regular basis by local human rights groups as well as by the European Committee for the Prevention of Torture (CPT). The Helsinki Human Rights Foundation and other local nongovernmental organizations (NGOs) made occasional visits to prisons.

Improvements: On January 1, a new prison administration modernization law entered into force, allocating 1.5 million zloty ($409,000) to improve the security of detention facilities, prison infrastructure and working conditions for prison guards from 2017 to 2020.

d. Arbitrary Arrest or Detention

The constitution and the law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his/her arrest or detention in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The police force is a national law enforcement body with regional and municipal units overseen by the Ministry of the Interior and Administration. The border guard is responsible for border security and combating irregular migration; it reports to the Ministry of the Interior and Administration. The Internal Security Agency (ABW) has responsibility for investigating and combating organized crime, terrorist threats, and proliferation of weapons of mass destruction. The Central Anticorruption Bureau (CBA) is responsible for combating government, business, and financial corruption. The prime minister appoints the head and deputy heads of the CBA and supervises the bureau, which may investigate any matter involving public funds. The prime minister supervises the heads of both ABW and CBA, which also report to parliament.

The 2016 counterterrorism law designates the ABW as the primary authority for combatting terrorism and increased its law-enforcement powers. The human rights defender referred the law to the Constitutional Court, arguing it violates the right to privacy and freedom of communication and was not sufficiently clear on the legal grounds for collecting data on individuals, making arrests, banning demonstrations, disconnecting citizens from the internet, and for surveillance of non-Polish nationals without a court order. The case remained pending before the Constitutional Court at year’s end.

Civilian authorities maintained effective control over the police force, the border guard, the ABW, and the CBA, and the government has effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The constitution and the law require authorities to obtain a court warrant based on evidence to make an arrest, and authorities generally complied with the law. The constitution and the law allow detention of a person for 48 hours before authorities must file charges and an additional 24 hours for the court to decide whether to order pretrial detention. The law allows authorities to hold terrorism suspects without charges for up to 14 days. The law sets a five-day limit for holding a juvenile in a police establishment for children if the juvenile escaped from a shelter or an educational or correctional facility. It allows police to hold for up to 24 hours in a police establishment for children a juvenile who is being transferred to a shelter or an educational or correctional facility, in case of a “justified interruption of convoy.” The law provides that police should immediately notify a detained person of the reasons for his detention and of his rights. Usually this information is initially delivered orally; later, at the police station, the detainee signs a statement that he has been advised of his rights and duties. Police give the detained person a copy of the report on his detention. Authorities generally respected these rights. Only a court may order pretrial detention.

There was a functioning bail system, and authorities released most detainees on bail. Defendants and detainees have the right to consult an attorney at any time. The government provided free counsel to indigent defendants. The law provides for free legal counsel, including at the pretrial stage, to poor, young, and senior citizens, veterans, members of multichild families, and victims of natural disasters. On February 7, the Public Affairs Institute issued a written appeal to the justice minister to revise the free legal aid law, as eligibility restrictions rendered the law ineffective. Authorities did not hold suspects incommunicado or under house arrest.

Pretrial Detention: The law permits authorities to detain persons charged with a crime for up to three months. A court may extend pretrial detention, but the law specifies that the total time in detention may not exceed two years, except in certain complex cases, when the court may petition an appellate court for an extension beyond two years. In January 2016 the human rights defender referred to the Constitutional Court several provisions of the code of criminal proceedings that provide for the possibility of extending pretrial detention without specifying the maximum length of detention and without providing specific justification. The case remained pending at year’s end. According to the Ministry of Justice, extension beyond two years may occur if criminal proceedings are suspended, there is a need to identify or confirm the identity of the detainee, a very complicated investigation must be performed outside the country, or the detainee purposefully prolongs the proceedings. As of June 30, authorities had custody of eight persons who had served more than two years in pretrial detention.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Arrested persons are entitled to challenge before a court the legal basis or arbitrary nature of their detention within seven days of the court’s decision.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence. During the year it introduced judicial reform legislation that drew strong criticism from some judicial experts, NGOs, and international organizations. On July 24, the president signed into law amendments to the common courts law. The revised law gives the justice minister the power to appoint court presidents (chief judges) in lower courts as well as to approve service extension requests for lower court judges who have reached the mandatory retirement age. The revised law also introduces different retirement ages for female (60) and male (65) judges, although they may request extensions from the justice minister to serve longer. On July 26, the European Commission issued a rule of law recommendation directing the state to revise the amended law on common courts and initiated an infringement procedure against the state on the grounds that the law may undermine the courts’ independence by granting the justice minister discretionary power to prolong the mandate of judges who have reached retirement age.

On December 20, President Andrzej Duda signed into law legislation reforming the Supreme Court and the National Judicial Council. In July the president had vetoed draft legislation, stating the proposed legislation gave the prosecutor general/justice minister too much power and did not require a parliamentary three-fifths majority vote to select judges to serve on the National Judicial Council. In September the president formally proposed his own legislation reforming the Supreme Court and National Judicial Council. Governing Law and Justice party representatives held extensive negotiations with the president and his office to reach an agreement on the proposed reforms and submit them to parliament. Many NGOs, Polish legal experts, and international organizations were critical of the law, arguing that the National Judicial Council reform act and the Supreme Court reform act would put judicial independence at serious risk, as they had the ultimate effect of allowing the government to replace a majority of justices on the constitutional court within short order. On December 20, the European Commission proposed the Council of the European Union adopt a decision under Article 7(1) of the Treaty on European Union, due to the commission’s conclusion that there is a “clear risk of a serious breach of the rule of law” in Poland and giving the government three months to address the commission’s concerns. The government denied these claims and insisted that its reforms do not infringe rule of law.

On June 8, the CBA detained former chief judge of the Krakow Appellate Court for abuse of powers, participating in an organized criminal group, and accepting bribes. By October 1, the CBA had arrested 16 persons as part of the investigation, including former appellate court and justice ministry officials, eight of whom were placed in pretrial detention.

On April 4, the Katowice prosecutor’s office indicted the former head of the appeals prosecutor’s office and regional prosecutor on charges of accepting bribes and abuse of power following a disciplinary court’s final decision to remove her from office. The CBA detained the accused official on June 22. As of the end of September, the trial had not started.

TRIAL PROCEDURES

The constitution provides for the right to a fair public trial, and an independent judiciary generally enforced this right. Defendants enjoy a presumption of innocence and the right to prompt and detailed notification of the charges against them, with free interpretation for defendants who do not speak Polish from the moment charged through all appeals. They have the right to a fair and public trial without undue delay and the right to be present at their trial. Trials are usually public, although the courts reserve the right to close a trial in some circumstances, including divorce proceedings, cases involving state secrets, and cases whose content may offend public morality.

Defendants have the right to legal representation, and indigent defendants may consult an attorney provided without cost. The government must provide defendants and their attorneys adequate time and facilities to prepare a defense. They may confront and question witnesses and present witnesses and evidence on their own behalf. Prosecutors may grant witnesses anonymity if they express fear of retribution from defendants. The prosecutor general may release to media information concerning any investigation, except if such information is classified, with due consideration to important public interests. Defendants may not be compelled to testify or confess guilt.

After a court issues a verdict, a defendant has seven days to request a written statement of the judgment; courts must provide a response within 14 days. A defendant has the right to appeal a verdict within 14 days of the response. A two-level appeal process is available in most civil and criminal matters.

The law extends the above rights to all defendants.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals or organizations may seek civil remedies for human rights violations. The government’s implementation of court orders, particularly for payment of damages, remained slow, and cumbersome.

After they exhaust remedies available in the domestic courts, persons have the right to appeal court decisions involving alleged government violations of the European Convention on Human Rights to the European Court for Human Rights.

The dispute regarding judicial appointments to the Constitutional Court in 2015 and 2016 was not resolved by the end of the year.

PROPERTY RESTITUTION

The law provides for restitution of communal property, such as synagogues and cemeteries, seized during the Communist era or under Nazi occupation, but the process proceeded very slowly during the year. By the end of September, the property commissions resolved 6,914 of slightly more than 10,500 communal property claims.

The government has put in place legal and administrative procedures for private property restitution, but NGOs and advocacy groups reported it did not make significant progress on resolution of Holocaust-era claims, including for foreign citizens. No comprehensive law addresses the return of or compensation for private property, but individuals may seek the return of confiscated private property through administrative proceedings and the courts. NGOs and advocacy groups have described the current process as cumbersome and ineffective.

On February 22, Warsaw city authorities began publishing lists of properties under a 2016 law barring Warsaw public properties from being returned to their precommunist-era owners and extinguishing long-dormant claims after a six-month notice period if no claimant stepped forward to pursue a restitution case. The legislation was intended to end abusive practices in the trading of former property owners’ claims. Nonetheless, NGOs and advocacy groups expressed serious concerns that it fell short of providing just compensation to former owners who lost property as a result of nationalization of properties by the communist-era government and also properties taken during the Holocaust era. The Constitutional Court upheld the legislation, and the law entered into force in September 2016. By October 1, the city authorities issued 34 decisions denying the return of properties currently used for public purposes, including schools, preschools, a park, and a police command unit.

In October the Ministry of Justice announced comprehensive private property restitution draft legislation that would block any physical return of former properties, provide compensation of 20-25 percent of the property’s value at the time of taking in cash or government bonds, and set a one-year claims-filing period. The legislation drew intense media coverage and public scrutiny. Critics argued the legislation would exclude potential foreign citizen claimants, many of whom were Holocaust survivors or their heirs. As of December 8, the Justice Ministry had not submitted the draft legislation to the Council of Ministers (cabinet) for review and approval to send to parliament.

In December the Union of Jewish Communities in Poland reported that a construction project uncovered human remains on a privately owned commercial lot located within the original boundaries of the cemetery in the eastern town of Siemiatycze. Although the law requires construction activities immediately cease and police be contacted, the dirt and human remains were removed from the site, and construction continued. Local prosecutors instructed police to investigate if the construction project violated the law prohibiting disturbing a grave site. The investigation continued at year’s end.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions but allows electronic surveillance with judicial review for crime prevention and investigation.

In early 2016 the president signed a law regulating police and security services surveillance. On February 18, the human rights defender referred the law to the Constitutional Court, arguing it infringes privacy rights and EU data privacy norms and does not provide sufficient protections for privileged communications (e.g., attorney-client, priest-penitent). At year’s end, the case was pending before the Constitutional Court.

a. Freedom of Speech and Press

While the constitution provides for freedom of speech and press, laws restrict these freedoms.

Freedom of Expression: The law prohibits hate speech, including the dissemination of anti-Semitic literature and the public promotion of fascist, communist, or other totalitarian systems.

Violence and Harassment: On July 31, prosecutors charged two men with robbery and physical assault after they beat a television news reporter and stole his camera when he was filming logging activity in the Bialowieza forest.

Censorship or Content Restrictions: The constitution prohibits censorship of the press or social communication. At the same time, laws regulating broadcasting and media prohibit, under penalty of fines, license revocation, or other authorized sanctions, the promotion of activities endangering health or safety, or contrary to law, morality, or the common good and requires that all broadcasts “respect the religious feelings of the audiences and, in particular, respect the Christian system of values.” These laws also specify that journalists must be unbiased and balanced in their coverage and verify quotations and statements with the person who made them before publication.

The National Radio and Television Broadcasting Council, a five-member body appointed by the Sejm (two members), the Senat (one member), and the president (two members), is constitutionally responsible for protecting freedom of speech and has broad power to monitor and regulate programming, allocate broadcasting frequencies and licenses, apportion subscription revenues to public media, and impose fines or other sanctions on all public and private broadcasters that violate the terms of their licenses or laws regulating broadcasting and media. While council members are required to suspend their membership in political parties and public associations, critics asserted that the council remained politicized. Critics also allege persistent progovernment bias in state television news broadcasts.

On December 11, the National Radio and Television Broadcasting Council announced a 1.48 million zloty ($420,000) fine against private broadcaster TVN. The broadcasting council issued the fine, after finding TVN had violated Article 18 of the broadcasting law, which outlaws programs or other content that would promote actions which violate the law, Polish national interest, morality and social good, incite hatred, or pose a threat to life, health or the natural environment. The fine was in response to a complaint about TVN’s news coverage of December 2016 protests in front of the national parliament building and an opposition sit-in inside the main parliamentary chamber. In its decision, the broadcasting council stated that due to TVN’s coverage of the protests, viewers may have decided to join the protests, which initially had been permitted but had later been declared illegal by the police and allegedly endangered public safety.

Libel/Slander Laws: Defamation is a criminal offense and includes publicly insulting or slandering members of parliament, government ministers, or other public officials, as well as private entities and persons. Defamation outside the media is punishable by a fine and community service. The courts rarely applied maximum penalties, and persons convicted of defamation generally faced only fines or imprisonment for up to one year. The maximum sentence for insulting the president or the nation is three years’ imprisonment. Journalists have never received the maximum penalty in defamation cases, according to the Helsinki Human Rights Foundation. Media owners, particularly of small local independent newspapers, were aware that potentially large fines could threaten the financial survival of their publications. According to Ministry of Justice statistics for 2016, the latest data available, courts convicted one person of insulting the president and two persons for insulting constitutional organs of the government. In 2016 the courts fined one person for public defamation.

The prosecutorial investigation into remarks published in a 2015 German newspaper interview with Polish-American Princeton University historian Jan Gross continued at year’s end. In October 2016 the Katowice prosecutor assigned to the case discontinued the investigation, but a supervisory prosecutor overturned the decision and instructed the prosecutor to seek expert opinions on whether Gross’s statement that Poles had killed more Jews than they had Nazis during the World War II German occupation offended the Polish nation, a violation of Criminal Code Article 133 which assigns a sentence of up to three years’ imprisonment.

INTERNET FREEDOM

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 or email without appropriate legal authority. The 2016 antiterrorism law authorizes the ABW to block websites without a prior court order in cases relating to combating, preventing, and prosecuting terrorist crimes, shut down telecommunications networks when there is a terrorist threat, and conduct surveillance of foreign nationals for up to three months without a court order. During the year there were no reports by media or NGO sources of the blocking of websites by the ABW.

The law against defamation applies to the internet as well. In 2016, the latest year for which statistics were available, prosecutors investigated 701 hate speech cases involving the internet, compared with 793 cases in 2015. In 2016, according to data from the International Telecommunication Union, 19.2 percent of the population had a fixed broadband subscription, and 73.3 percent of the population used the internet.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. The 2015 antiterrorism law permits restrictions on public assemblies in situations of elevated terrorist threats. During the year there were no cases of banning public assembly due to elevated terrorist threat.

On March 16, the Constitutional Court upheld as constitutional the December 2016 public assembly law amendments that established a new category of “cyclical” or recurring assemblies. On March 18, the president signed the legislation, and it entered into force on April 2. The Helsinki Foundation for Human Rights stated the amendments create a ”hierarchy” of assemblies.

The Mazowsze regional government granted ‘cyclical’ status for the monthly marches in commemoration of the deaths of former Polish president Lech Kaczynski and others in the 2010 crash of the presidential aircraft near Smolensk, Russia, requiring counterdemonstrations be set back at least 330 feet (100 meters). Police regularly detained counterdemonstrators who tried to block or otherwise disrupt the commemorations.

c. Freedom of Religion

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

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution and the law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Authorities placed some asylum seekers in guarded centers for foreigners while they awaited deportation or decisions on their asylum applications. Border guards may place an individual in a guarded center only by court order. The law prohibits the placement of unaccompanied minors under age 15 in guarded centers. Border guards typically sought in this way to confine foreigners who attempted to cross the border illegally, lacked identity documents, or committed a crime during their stay in the country. According to the Helsinki Human Rights Foundation, border guards placed families with children into guarded centers.

Abuse of Migrants, Refugees and Stateless Persons: In addition to the guarded centers for foreigners, the government operated 11 open centers for asylum seekers with an aggregate capacity of approximately 2,000 persons in the Warsaw, Bialystok, and Lublin areas. Some incidents of gender-based violence occurred, but UNHCR reported that local response teams involving doctors, psychologists, police, and social workers addressed these cases. UNHCR reported no major or persistent problems with abuse in the centers.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Each person who arrives receives consideration for asylum if requested.

According to government statistics, the country approved 206 asylum claims by Ukrainians in the first 10 months of the year, compared with 32 approvals in the whole of 2016. Authorities continued also to use temporary residence and visa mechanisms to authorize Ukrainians’ legal residence in Poland.

On April 6, border guard officers used force and pepper spray against three Chechen men at a guarded detention center in Biala Podlaska. They reportedly took this action after the men physically assaulted border guard officers in an effort to stop them from deporting a Chechen woman and two children. In September the Biala Podlaska prosecutor’s office discontinued the investigation into abuse of power by the border guard.

Safe Country of Origin/Transit: The EU’s Dublin III Regulation, to which the country is subject, recognizes all EU countries as safe countries of origin and transit. The regulation also authorizes the governments of EU member states to return asylum seekers to the countries where they first entered the EU. The law permits denial of refugee status based on safe country of origin or safe country of transit but includes provisions that allow authorities to consider the protection needs of individuals with exceptional cases.

Employment: Asylum seekers are not allowed to work during the first six months of the asylum procedure. If the asylum procedure lasts longer than six months, they gain the right to work until the asylum decision is final.

Access to Basic Services: Asylum seekers faced language and cultural barriers, and had limited access to higher education. Children in centers for asylum seekers had free access to public education, but those placed with relatives in guarded centers for foreigners did not.

Temporary Protection: The government also provided temporary protection to 241 individuals who may not qualify as refugees during the first 10 months of the year.

STATELESS PERSONS

According to UNHCR, there were 10,825 stateless persons in the country at the end of 2014, the most recent figures available.

The law affords the opportunity to gain nationality. The Halina Niec Legal Aid Center observed in its 2016 report on statelessness, however, that the government did not implement a formal procedure of identifying stateless persons, leading to protection gaps and exposing stateless persons to many negative consequences, including detention.

UNHCR occasionally received complaints from stateless persons regarding problems with employment, mainly involving the lack of identity documents, which discouraged employers from offering employment to stateless persons.

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.

Elections and Political Participation

Recent Elections: The presidential elections and the parliamentary elections in 2015 were both considered free and fair.

Participation of Women and Minorities: No laws limit participation of women and members of minorities in the political process, and they did participate.

Corruption: The law provides criminal penalties for corruption by officials, and criminal prosecutions for official corruption occurred. There were several reports of corruption during the year that resulted in legal action.

In August prosecutors indicted the Supreme Audit Chamber (NIK) president and former justice minister Krzysztof Kwiatkowski, former parliamentarian Jan Bury, and a NIK branch office official with abuse of power for illegal interference in the recruitment process for NIK headquarters and branch office leaders. All three accused pleaded not guilty and face up to three years imprisonment if convicted. The indictment follows the October 2016 parliament vote to lift Kwiatkowski’s immunity as NIK president in the long-running investigation.

On February 1, a former deputy director of the Warsaw City property office was charged with accepting a 2.5 million zloty ($683,000) bribe in connection with a Warsaw property restitution case.

On December 19, the National Prosecutor’s Office initiated the process to lift the immunity of governing Law and Justice Party senator Stanislaw Kogut as part of a continuing two-year corruption investigation in which the CBA has detained five other persons, including Kogut’s son. The Law and Justice Party leadership suspended Kogut’s membership in the party, and Senator Kogut voluntarily surrendered his parliamentary immunity on December 20.

On December 21, the CBA searched the apartments of opposition party Civic Platform secretary general and Sejm deputy Stanislaw Gawlowski as part of an anticorruption investigation initiated in 2013 in which 56 persons have already been charged. Gawlowski was suspected of accepting a 200,000 zloty ($56,000) bribe while serving as the deputy environment minister from 2007 to 2015.

On December 22, the National Prosecutor’s Office announced it had requested the Senat lift the parliamentary immunity of opposition Civic Platform Party senator and the deputy chair of the Senate Defense Committee, Maciej Grubski, based on allegations he falsified earlier financial disclosures and passed confidential information to a private firm in an attempt to influence the outcome of a military tender.

Financial Disclosure: Various laws oblige elected and appointed public officials to submit financial statements about their financial assets, real property, stocks, and bonds. According to the Stefan Batory Foundation, an NGO, the CBA was able to screen less than 1percent of all financial disclosure statements filed by politicians and senior officials. With the exception of certain situations provided for by law, the regulations protect information included in financial statements as “restricted access” information that may be made public only with the written permission of the provider.

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases.

Government Human Rights Bodies: The law entrusts the human rights defender and the government plenipotentiary for civil society and equal treatment with the task of “implementing the principle of equal treatment.”

The country’s independent human rights defender processes complaints, conducts investigations, institutes and participates in court proceedings, undertakes studies, provides other public bodies with advice, proposes legislative initiatives, conducts campaigns, and cooperates with NGOs. The human rights defender has no authority to mediate disputes between private entities, even in cases of racial discrimination. The human rights defender presents an annual report to the Sejm on the state of human rights and civic freedom in the country. His office received 52,551 cases in 2016.

The government plenipotentiary for civil society and equal treatment has a mandate to counter discrimination and promote equal opportunity for all. The plenipotentiary implements the government’s equal treatment policy, develops and evaluates draft acts, analyzes and evaluates legal solutions, and monitors the situation within the scope of application of the principle of equal treatment. The plenipotentiary is subordinate to the prime minister’s office, did not have the same institutional independence as the human rights defender, and did not have a separate budget.

Both chambers of parliament have committees on human rights and the rule of law. The committees serve a primarily legislative function and consist of representatives from multiple political parties.

Women

Rape and Domestic Violence: Rape, including spousal rape, is illegal and punishable by up to 12 years in prison. According to national police statistics, in the first six months of the year police sent 1,297 cases involving alleged rape to prosecutors for indictment and another 26 cases (involving underage offenders) to family courts.

While courts may sentence a person convicted of domestic violence to a maximum of five years in prison, most of those found guilty received suspended sentences. The law permits authorities to place restraining orders without prior approval from a court on spouses to protect against abuse.

During the first half of the year, police identified 964 cases of alleged domestic violence.

The Women’s Rights Center reported that police were occasionally reluctant to intervene in domestic violence incidents if the perpetrator was a police officer or if victims were unwilling to cooperate.

The law requires every municipality in the country to set up an interagency team of experts to deal with domestic violence. During 2016, the most recent year for which statistics are available, 2,505 interagency teams operated around the country, assisting more than 180,000 persons. According to some NGOs, interagency teams focused on resolving the “family problem” rather than initially treating claims of domestic violence as criminal matters.

Centers for victims of domestic violence operated throughout the country. The centers provided social, medical, psychological, and legal assistance to victims; training for personnel who worked with victims; and “corrective education” programs for abusers.

Sexual Harassment: The law prohibits sexual harassment, and violations carry penalties of up to three years in prison.

According to the Women’s Rights Center, sexual harassment continued to be a serious and underreported problem.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: The constitution provides for the same legal status and rights for men and women and prohibits discrimination against women, although few laws exist to implement the provision. The constitution requires equal pay for equal work, but discrimination against women in employment existed (see section 7.d.).

The plenipotentiary for civil society and equal treatment has a mandate to counter discrimination and promote equal opportunity for all.

Children

Birth Registration: A child acquires citizenship at birth if at least one parent is a citizen, regardless of where the birth took place. Children born or found in the country whose parents were unknown or stateless are also citizens. The government has a system of universal birth registration immediately after birth.

Child Abuse: A government ombudsman for children’s rights issued periodic reports on problems affecting children, such as the need for improved medical care for children with chronic diseases. The ombudsman’s office also operated a 24-hour free hotline for abused children. In 2016 the ombudsman received 46,213 complaints of infringements of children’s rights. Of those complaints, 11 percent concerned the right to protection against abuse. The government continued running advertising campaigns, aimed at preventing physical violence or sexual abuse against children.

On July 13, a revision of the criminal law introduced a legal obligation to report any case of child abuse to law enforcement and introduced harsher penalties for crimes against children.

Early and Forced Marriage: The country’s legal minimum age of marriage is 18, although the guardianship court may grant permission for girls as young as age 16 to marry under certain circumstances.

Sexual Exploitation of Children: The law prohibits sexual intercourse with children younger than 15. The penalty for statutory rape ranges from two to 12 years’ imprisonment. According to the Ministry of Justice, in 2016, the most recent year for which statistics were available, courts convicted 604 persons of sexual intercourse with persons under age 15 and seven persons of pimping minors.

Child pornography is illegal. The production, possession, storage, or importation of child pornography involving children younger than 15 is punishable by imprisonment for a period of three months to 10 years. During the year police conducted several operations against child pornography and pedophiles.

According to the government and the Children Empowerment Foundation, a leading NGO dealing with trafficking in children, trafficking of children for sexual exploitation remained a problem.

International Child Abductions: The country is 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 travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

The Union of Jewish Communities estimated the Jewish population at 20,000. Anti-Semitic incidents continued to occur, often involving desecration of significant property, including synagogues and Jewish cemeteries, and sometimes involving anti-Semitic comments on radio and social media. Jewish organizations expressed concern about their physical safety and security.

On August 4, the Union of Jewish Religious Communities (ZGWZ) sent a letter to PiS chairman Jaroslaw Kaczynski expressing deep concern over increased anti-Semitic attitudes, hate speech, and violent behavior, which it said left the group fearing for Jews’ future in the country, and asking for intensified government action. On November 17, Kaczynski met with ZGWZ leaders and the chief rabbi of Poland to discuss the safety of Jewish communities. He stated he had been shocked upon hearing of recent anti-Semitic incidents and promised to help set up a meeting between Jewish community representatives and Interior and Administration Minister Mariusz Blaszczak.

According to a Warsaw University Prejudice Research Center report published January 24, anti-Semitic attitudes in the country rose between 2014 and 2016, particularly among young people. The report showed a growing acceptance of anti-Semitic attitudes and popularity of anti-Semitic hate speech on the internet and television.

Jewish community leaders described an increase in anti-Semitic incidents during the year, including hostile phone calls to community centers, vandalism of offices, attempted forced entry of community property, and a fake bomb found at a Jewish cemetery.

On August 2, a group of masked pseudo soccer fans attacked two members of the technical staff of the Israeli Hapoel Petach Tikvah team after its exhibition game against MKS Ciechanow. MKS Ciechanow condemned the incident. The victims chose not to file a complaint to police, and there was no investigation. The Ministry of Foreign Affairs stated that, according to police, it was a hooligan attack.

On November 11, the annual “Independence March” in Warsaw drew more than 50,000 marchers, including some from extremist groups elsewhere in Europe. The march was organized by a coalition of groups, including the extremist groups National Radical Camp and All Polish Youth. The main theme of the march was “We want God!” Most participants marched with Polish flags. Some participants displayed anti-Semitic and anti-Muslim imagery, and there were slogans calling for a “white Europe,” and Nazi salutes. Polish political leaders, including President Andrzej Duda and Law and Justice Party chairman Jaroslaw Kaczynski condemned the racist banners and chants. A November 13 Foreign Ministry statement condemned “racist, anti-Semitic and xenophobic ideas” and stated that the march was “largely patriotic.”

Piotr Rybak, convicted in 2017 of burning an effigy of a Jew at a demonstration against immigration, led a separate Independence Day march in the western city of Wroclaw with approximately 2,000 participants. Jacek Miedlar, a former priest who co-led the march, called on the crowd to take “extreme action” against “forces of evil,” including Jews who “threatened” the state.

On March 21, a group of Warsaw residents celebrated the first day of spring by burning an effigy of a Jewish woman.

On March 2, a Radio Maryja commentator made anti-Semitic comments on his regularly scheduled broadcast, asserting that young people are rejecting the “noxious legends” told to them by Jewish communists and looking for their “roots” and “real” heroes.

On February 27, the Lublin district court sentenced five men to six- to eight-month suspended prison sentences for public offense and incitement to hatred on national grounds for hanging anti-Semitic posters around the city of Lublin between 2012 and 2014. One of the convicted persons was a former Majdanek Nazi concentration camp worker.

In January Holocaust survivors, Prime Minister Beata Szydlo, and other political and religious leaders gathered to mark International Holocaust Remembrance Day and commemorate the 72nd anniversary of the liberation of Auschwitz-Birkenau.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities. While the government effectively enforced these provisions, there were reports of some societal discrimination against persons with disabilities. The government restricted the right of persons with certain mental disabilities to vote or participate in civic affairs.

The law states that buildings should be accessible for persons with disabilities, but many buildings remained inaccessible. Public buildings and transportation generally were accessible, although older trains and vehicles were often less so, and many train stations were not fully accessible.

National/Racial/Ethnic Minorities

A number of xenophobic and racist incidents occurred during the year.

On December 20, the National Prosecutor’s Office reported prosecutors had investigated 696 new cases of hate crimes in the first six months of the current year–an increase of almost 23 percent over the previous year.

The NGOs Never Again and Open Republic reported a noticeable increase in the total number of hate crimes, pointing out that, although perpetrators mainly used hate speech in the past, violent attacks had also increased. For example, there were isolated incidents of racially motivated violence, including verbal and physical abuse, directed at persons of African, Asian, or Arab descent.

On January 2, police detained 28 protesters who vandalized a kebab restaurant in Elk after a Tunisian employee allegedly stabbed a Polish man to death for stealing two beverage bottles from the restaurant. Protesters smashed windows and chanted anti-immigrant slogans. On January 3, unknown perpetrators threw a bottle with gasoline into a kebab store in Wroclaw run by an Egyptian resident.

On August 5, five men attacked a black Polish boxer at a Szczecin nightclub, shouting racial insults and attacking him with an axe. The victim was hospitalized, and police were investigating the case at year’s end.

In June several Muslim organizations submitted a written appeal to the speaker of the lower house of parliament to protect the Muslim minority in the country. The authors asserted that political debates reinforced anti-Muslim messages in media and could lead to an escalation of xenophobic behavior against Muslims.

Societal discrimination against Roma continued to be a problem. The 2011 national census recorded 16,723 Roma, although an official government report on the Romani community estimated that 20,000 to 25,000 Roma resided in the country. Romani community representatives estimated that 30,000 to 35,000 Roma resided in the country.

On July 12, the Supreme Administrative Court ruled that the Limanowa municipal authorities’ plan to resettle a Romani family to a neighboring municipality was not valid. The court ruling ended a case started in February 2016, when Czchow municipal authorities protested the resettlement of Romani community members after municipal authorities from neighboring Limanowa purchased and renovated property in Czchow to resettle three Romani families living in a dilapidated building.

Romani leaders complained of widespread discrimination in employment, housing, banking, the justice system, media, and education.

During the year the government allocated 10 million zloty ($2.8 million) for programs to support Roma communities, including for educational programs. In addition, the Ministry of Education helped finance school supplies for Romani children. The Ministry of Interiors and Administration provided school grants for Romani high school and university students, postgraduate studies on Romani culture and history in Krakow, and Romani-related cultural and religious events.

While at the national level approximately 80 percent of Roma were unemployed, levels of unemployment in some regions reached nearly 100 percent.

The Ukrainian and Belarusian minorities continued to experience harassment and discrimination. On May 27, a group verbally and physically assaulted 15 Ukrainians and their employer in the northeastern village of Chwaszczyno. Police arrested seven men who were charged with verbally attacking and violently threatening the victims on the grounds of their national identity.

On August 21, the Przemysl local court sentenced 20 persons to four to 10 months of community service for disrupting the June 2016 religious procession of Greek Catholic and Orthodox Church members who were marching from the local cathedral to the military cemetery to commemorate the Ukrainian soldiers who fought for Poland from 1918 to 1920.

Extremist groups, while small in number, maintained a public presence in high-profile marches and on the internet and disrupted lectures or debates on issues they opposed. On April 29, several hundred members of the extremist National Radical Camp chanted anti-Muslim and anti-immigrant slogans during an organized march through Warsaw marking the 83rd anniversary of the group’s founding. Red Watch, a webpage run by the neo-Nazi group Blood and Honor, listed by name “traitors of the race,” politicians, and activists. The entries often included the home addresses and telephone numbers of the persons listed. Authorities stated they could not do anything, since the site’s servers were located outside the country.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

While the constitution does not prohibit discrimination on the specific grounds of sexual orientation, it prohibits discrimination “for any reason whatsoever.” The laws on discrimination in employment cover sexual orientation and gender identity, but hate crime and incitement laws do not. The prime minister’s plenipotentiary for civil society and equal treatment is charged with monitoring discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals and groups. LGBTI advocacy groups, however, criticized the plenipotentiary’s office for a lack of interest and engagement in LGBTI issues. The human rights defender continues to work on LGBTI human rights cases.

NGOs and politicians reported increasing acceptance of LGBTI persons by society but also stated that discrimination was still common in schools, workplaces, hospitals, and clinics. There were some reports of societal discrimination against LGBTI persons, but NGOs maintained that most cases went unreported.

On June 9, unknown perpetrators broke into the office of Stonewall Group, a Poznan-based LGBTI organization and main organizer of the Poznan Equality Parade. In May unknown perpetrators broke windows in the office of Campaign against Homophobia, the largest NGO promoting LGBTI rights in the country.

On March 15, the Poznan prosecutor’s office decided to press charges against a man who verbally and physically assaulted an LGBTI couple in Poznan on March 1. Prosecutors did not automatically pursue homophobic hate crimes and required a formal complaint, unlike the crimes committed on racist, religious or xenophobic grounds. The prosecutors decided it was in the public interest to prosecute the Poznan case.

On September 14, the Poznan local court imposed a 500 zloty ($139) fine on a self-defense instructor who refused to provide training to the Stonewall Group, arguing he did not support same-sex unions, especially those who raise children, and did not want to be identified with something with which he disagrees.

On September 19, Justice Minister and Prosecutor General Zbigniew Ziobro appealed to the Supreme Court to review an upheld misdemeanor conviction against a Lodz printer who refused services to the LGBT Business Forum Foundation in 2016. The trial court found the printer guilty of a misdemeanor but did not impose a sentence. The district court judge upheld the decision on the grounds that equality is a chief principle of the country’s legal order and everyone has the right to be treated equally regardless of sexual orientation.

On December 13, a Warsaw hotel and restaurant vocational school formally issued an apology to one of its former students for the harassment he suffered because of his sexual orientation. The apology followed a November 17 Warsaw Appellate Court ruling that the student’s personal dignity and privacy were violated while he attended the school and school administrators and teachers did nothing to prevent it.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form and join independent trade unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination, and provides legal measures under which workers fired for union activity may demand reinstatement. There are several legal restrictions to these rights. The law does not provide for the right to form a union to persons who entered into an employment relationship based on a civil law contract, or to persons who were self-employed. In 2015 the Constitutional Court ruled that any limitation to the freedom of association violates the constitution and required the government and parliament to amend the law on trade unions, but as of September 30, the government had not revised the law. Members in senior-level positions in the civil service cannot hold office in worker organizations.

Government workers, including police officers, border guards, prison guards, and employees of the supreme audit office, are limited to a single union. Workers in services deemed essential, such as security forces, the Supreme Chamber of Audit, police, border guards, and fire brigades, do not have the right to strike. These workers have the rights to protest and to seek resolution of their grievances through mediation and the court system.

Trade unions are registered when at least 10 eligible persons adopt a resolution to form a trade union. Newly established trade unions must appoint a founding committee consisting of three to seven persons. A new trade union must register with the National Court Registry within 30 days of the resolution. The court may remove a trade union from the registry only if a trade union adopts a resolution to dissolve; is no longer able to operate due to the bankruptcy, liquidation, or reorganization of the company in which the trade union operated; or if a trade union has fewer than 10 members for more than three months.

Legal strike ballots require the support of the majority of union voters. To allow for required mediation, a strike may not be called fewer than 14 days after workers present their demands to an employer. The law obligates employers to notify the district inspection office in their region about a group dispute in the workplace. Cumbersome procedures made it difficult for workers to meet all of the technical requirements for a legal strike. What constitutes a strike under the labor law is limited to strikes regarding wages and working conditions, social benefits, and the trade union rights and freedoms of workers. The law prohibits collective bargaining for key civil servants, appointed or elected employees of state and municipal bodies, court judges, and prosecutors.

The penalties for obstructing trade union activity range from fines to community service. The government did not effectively enforce applicable laws. Resources, inspections, and remediation efforts were not adequate, and the small fines imposed as punishment were an ineffective deterrent to employers. Administrative and judicial procedures were subject to lengthy delays and appeals. Unions alleged that the government did not consistently enforce laws prohibiting retribution against strikers.

Violations of freedom of association and the right to collective bargaining occurred. While many workers exercised the right to organize and join unions, many small- and medium-sized firms, which employed a majority of the workforce, discriminated against those who attempted to organize.

Labor leaders continued to report that employers regularly discriminated against workers who attempted to organize or join unions, particularly in the private sector. Discrimination typically took the forms of intimidation, termination of work contracts without notice, and closing of the workplace. Some employers sanctioned employees who tried to organize unions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Nevertheless, forced labor occurred.

The government effectively enforced the law. Penalties for forced labor violations were sufficiently stringent to deter violations. In 2016, the last year for which statistics were available, the government assisted in removing 83 victims from forced labor.

There were reports that foreign and Polish men were subjected to forced labor in the agricultural, manufacturing, and food processing sectors and that men, women, and children were subjected to forced begging.

In June a government representative reported on the country’s implementation of the International Labor Organization (ILO) Forced Labor Convention, 1930 (No. 29) to the ILO Committee on the Application of Standards. The government report responded to a formal observation by the ILO Committee of Experts on the Application of Conventions and Recommendations to a 2016 report filed by the Solidarity trade union on the vulnerability to forced labor in the country of laborers from the Democratic Republic of Korea.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children under age 16, with exceptions in the cultural, artistic, sporting, and advertising fields when parents or guardians and the local labor inspector give their permission. The labor inspector issues a permit on the basis of psychological and medical examinations. Child labor is not allowed if the work may pose any threat to life, health or physical and mental development of the child, or will conflict with the child’s education.

The National Labour Inspectorate NLI reported many employers underpaid minors or paid with delays. Some children under age 18 also engaged in hazardous work in agriculture, primarily on family farms. Migrant Romani children from Romania were subjected to forced begging. Commercial sexual exploitation of children also occurred (see section 6).

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment or occupation in any way, directly or indirectly, on the grounds of race, sex, color, religion, political opinion, national origin, ethnic origin, disability, sexual orientation, age, trade union membership, and regardless of whether the person is hired for definite or indefinite contracts, or for full- or half-time work. The law does not specifically prohibit such discrimination based on language, HIV-positive status, gender identity, or social status. According to the Polish Society for Antidiscrimination Law, by law the accused must prove that discrimination did not take place, but judges often placed the burden on the victim to prove that discrimination occurred.

Discrimination in employment and occupation occurred with respect to gender, age, minority status, disability, political opinion, sexual orientation and gender identity, and HIV-positive status. According to an EC report on equality published in March, the gender wage gap in 2015 was 7.7 percent. Discrimination against Romani workers also occurred (see section 6).

e. Acceptable Conditions of Work

The national monthly minimum wage and the minimum wage for formal work agreements meet the social minimum monthly income level. There is no minimum wage for informal work agreements. The government effectively enforced wage laws; however, there were reports of employers withholding wages or underpaying laborers on informal work agreements, particularly among Ukrainian migrant workers.

The law provides for a standard workweek of 40 hours, with an upper limit of 48 hours including overtime. It requires premium pay for overtime. It prohibits excessive or compulsory overtime and sets a maximum of 150 hours of overtime per year. The law provides for workers to receive at least 11 hours of uninterrupted rest per day and 35 hours of uninterrupted rest per week. The constitution provides every employee the right to statutorily specified days free from work as well as annual paid holidays. The law also provides for 20 days of paid annual leave for employees with fewer than 10 years of employment and 26 days for those employed at least 10 years.

The law defines strict and extensive minimum conditions to protect worker health and safety, and empowers the NLI to supervise and monitor implementation of worker health and safety laws and to close workplaces with unsafe conditions. Workers could remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. The NLI’s powers are limited to the formal economy; it does not have authority to monitor implementation of worker health and safety laws in the informal economy, private farms, and households.

Resources were inadequate to enforce effectively minimum wage, hours of work, and occupational health and safety in the formal or informal sectors. The number of labor inspectors was/was not sufficient to deter violations.

According to the inspectorate’s 2016 report, the most frequent labor rights violations concerned failure to pay or delayed payment of wages. Most wage payment violations occurred in the services, construction, and processing industries. Seasonal workers were particularly vulnerable to such violations. The national inspectorate’s report did not cover domestic workers because inspectors could only conduct inspections in businesses, not private homes. The second-most common problem was inaccurate timekeeping records for hours worked.

Employers often ignored requirements regarding overtime pay. A large percentage of construction workers and seasonal agricultural laborers from Ukraine and Belarus earned less than the minimum wage. The large size of the informal economy–particularly in the construction and transportation industries–and the low number of government labor inspectors made enforcement of the minimum wage difficult. The Main Statistical Office definition of informal economy includes unregistered employment performed without a formal contract or agreement, and is not counted as a contribution to social security and from which income taxes are not deducted. According to the Main Statistical Office, in 2014 (the latest year for which data were available), approximately 4.5 percent of workforce (711,000 persons) worked in the informal economy.

Trade union leaders stated penalties for employers were not sufficient to deter violations. In the case of serious violations, labor inspectors may submit the case to a court, which may impose a fine of up to 30,000 zloty ($7,600). According to labor laws, persons who maliciously violate the labor rights of employees may face up to two years’ imprisonment. According to the NLI, employers implemented 95 percent of all labor-inspection decisions, although a report by the NLI indicated that some legal restrictions, such as the requirement in some sectors that a company receive seven days’ advance notification of upcoming inspections, weakened the effectiveness of labor inspections. International observers noted that the NLI’s mandate both to confirm the legal status of workers and to monitor working conditions creates a potential conflict of interest.

In 2016 the NLI began a three-year campaign to lower the number of work-related accidents in logging and timber companies and finished its two-year campaign on stress reduction at work, targeting employers and employees of all branches of industry. In addition, the NLI organized a prevention and information campaign–“Construction Site. No More Accidents!”–that targeted construction companies and included training on work safety standards for employees and employers. During the year the NLI visited many private farms to assess safety conditions and organized a number of competitions for individual farmers.

In 2016 the NLI continued a public-awareness campaign, “Before you start,” targeting mainly senior high-school and university students to inform them of their labor rights. In cooperation with the Central Institute of Labor Protection, senior high schools, educational authorities, universities, local governments and trade unions, the NLI continued an educational program called “Safety Culture” to instruct senior high-school and university students about workplace safety and to promote general knowledge about labor law.

In the first half of the year, the Central Statistical Office reported 39,093 victims of workplace accidents, a decrease of 140 from the same period in 2016. The highest number of victims worked in industrial processing, the retail and wholesale trade, the health-service sector, transportation, warehouse management, and construction. In 2016 the inspectorate investigated 2,224 accidents in which there were deaths or injuries, including 254 workers killed and 792 persons seriously injured. The NLI reported that, as in previous years, most of the fatal accidents occurred in the construction, industrial-processing, transport, farming and forestry, mining, and trade industries. Employers routinely exceeded standards limiting exposure to chemicals, dust, and noise. According to the inspectorate’s 2016 report, inadequate training of employees, the poor quality of job-related risk assessment tools, and inadequate measures by employers to prevent accidents were the leading causes of workplace accidents.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the constitution and law prohibit such practices, there were credible reports of excessive use of force by police and of mistreatment and other forms of abuse of prisoners by prison guards.

In 2016 the Inspectorate General of Internal Administration (IGAI) received 730 reports of mistreatment and abuse by police and prison guards. Complaints of physical abuse included slaps, punches, kicks, and blows with truncheons to the body or head; threatening use of firearms; excessive use of force; illegal detention; and abuse of power. The complaints were against the Public Security Police (PSP), the Republican National Guard (GNR), and the Foreigners and Borders Service (SEF), with 390, 294, and 14 complaints, respectively. The IGAI investigated each complaint. In 2016, the latest year for which data are available, the government conducted 92 investigations of members of the security forces. Punishment included letters of reprimand, temporary suspension from duty, mandatory retirement with pension cuts, discharge from duty, and prison sentences.

In July the public ministry indicted 18 PSP officers on charges of torture, kidnapping, and gross physical offenses to six youths of Cabo Verdean descent in a 2015 incident. The indictment, which alleged that the crimes were motivated by hatred and racial discrimination, resulted from an investigation by the National Counterterrorism Unit of the Judiciary Police (PJ). It also alleged that some officers of the Alfragide precinct falsified reports and testimony and omitted relevant facts. The 2015 incident occurred in the Lisbon suburb of Cova da Moura, where most residents are immigrants from the country’s former African colonies, predominantly Cabo Verde. In early September the public prosecutor’s office asked the presiding court to immediately suspend the 18 officers from duty. On September 28, the presiding judge rejected the request, and the public prosecutor’s office announced that it would appeal to a higher court.

Prison and Detention Center Conditions

There were reports that guards mistreated prisoners at some prisons. Other problems included general overcrowding, inadequate facilities, poor health conditions, and violence among inmates.

Physical Conditions: Several of the prisons were overcrowded. According to the Directorate-General of Prison Services, during the year the prison system operated at 106 percent of capacity. A youth prison exists in Leiria, but authorities sometimes held juveniles with adults in other prisons. The prison system held pretrial detainees with convicted criminals.

A delegation of the Council of Europe’s Committee for the Prevention of Torture (CPT) visited the country in 2016, but the report of the visit was not yet published. During the previous visit in 2013, the CPT noted that the Lisbon Central Prison was dilapidated. There were no reports that authorities made improvements. The Directorate-General of Reintegration and Prison Services reported 68 deaths in prisons in 2016 (nine suicides and 59 due to illness). Infectious diseases associated with drug abuse caused the majority of the deaths due to illness.

Independent Monitoring: The government permitted visits by independent human rights observers and the CPT. In 2016 the IGAI, university researchers, and news media visited prisons. Local human rights and media groups were fully independent bodies.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention. Persons arrested or detained regardless of whether on criminal or other grounds are entitled to challenge in court the legal basis or arbitrary nature of their detention and any delay in obtaining judicial rulings. If the court finds persons to have been detained unlawfully, they are entitled to prompt release and compensation. The government generally observed these practices.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministries of Internal Administration and Justice are primarily responsible for internal security. The Ministry of Internal Administration oversees the SEF, the PSP, and the GNR. The SEF has jurisdiction over immigration and border problems, the PSP has jurisdiction in cities, and the GNR has jurisdiction outside cities. The PJ is responsible for criminal investigations and reports to the Ministry of Justice. The IGAI, in the Ministry of Internal Administration, operates independently, investigates security force killings, and evaluates whether they occurred in the line of duty or were otherwise justifiable.

Civilian authorities maintained effective control over the security agencies, and the government has effective mechanisms to investigate and punish abuse and corruption. An independent ombudsman chosen by parliament and the IGAI investigates complaints of abuse or mistreatment by police.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The constitution and law provide detailed guidelines covering all aspects of arrest and custody, and authorities generally followed the guidelines. Persons may normally be arrested only on a judicial warrant, but law enforcement officials and citizens may make warrantless arrests when there is probable cause that a crime has just been or is being committed, or that the person to be arrested is an escaped convict or a suspect who escaped from police custody.

Authorities may not hold a suspect for more than 48 hours without bringing the suspect before an investigating judge. Under the law the investigating judge determines whether an arrested person should be detained, released on bail, or released outright. Authorities generally informed detainees promptly of charges against them.

Investigative detention for most crimes is limited to four months. If authorities do not file a formal charge within that period, they must release the detainee. In cases of serious crimes such as murder, armed robbery, terrorism, and violent or organized crime, and crimes involving more than one suspect, the investigating judge may decide to hold a suspect in detention while the investigation is underway for up to 18 months, and up to three years in extraordinary circumstances.

Bail exists, but authorities generally do not release detainees on their own recognizance. Depending on the severity of the crime, a detainee’s release may be subject to various legal conditions.

Detainees have the right to legal counsel from the time of arrest, but police, in particular the PJ, did not inform detainees of their rights in many cases. An attorney must accompany detainees appearing before a judge for the first hearing. If detained persons cannot afford a private lawyer, the government appoints one and assumes legal costs.

Pretrial Detention: Lengthy pretrial detention remained a problem. As of September 15, there were 2,134 individuals (17 percent of the prison population) in pretrial detention, the same percentage as the previous year. The majority of pretrial detainees spent six months to a year in incarceration. Observers, including media, business corporations, and legal observers, estimated the backlog of cases awaiting trial to be at least a year. Lengthy pretrial detention was usually due to lengthy investigations and legal procedures, judicial inefficiency, or staff shortages. Pretrial detention is applied toward a convicted detainee’s prison sentence. A detainee found not guilty has the right to compensation for this time.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained, regardless of whether on criminal or other grounds, are entitled to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained.

e. Denial of Fair Public Trial

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

TRIAL PROCEDURES

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. The law presumes all defendants innocent and provides the right to be informed promptly and in detail of the charges (with free interpretation when necessary from the moment charged through all appeals). Trials are fair and public. Authorities must bring a suspect in investigative detention to trial within 14 months of a formal charge. If a suspect is not in detention, the law specifies no deadline for going to trial. When the crime is punishable by a prison sentence of eight years or longer, either the public prosecutor or the defendant may request a jury trial.

Defendants have the right to be present at their trials and to consult with an attorney, at government expense if necessary, from the time of arrest. Defendants have adequate time and facilities to prepare their defense. They may confront and question witnesses against them and present witnesses and evidence on their own behalf. Defendants cannot be compelled to testify or confess guilt. Those convicted have the right of appeal. The law extends these rights to all defendants.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent and impartial judiciary in civil matters. Citizens, foreign residents, and organizations have access to a court to bring lawsuits seeking damages for, or cessation of, a human rights violation, and they may appeal adverse domestic decisions to regional human rights bodies, such as the European Court of Human Rights. Besides judicial remedies, administrative recourse exists for alleged wrongs.

PROPERTY RESTITUTION

Holocaust-era restitution is no longer a significant issue. The government has laws and mechanisms in place and is a signatory of the Terezin Declaration of 2009 and the Guidelines and Best Practices of 2010. The 1999 report commissioned by the government and chaired by former president and prime minister Mario Soares, at the time a member of the European Parliament, found there was “no basis for additional restitution” following the payment made by Portugal in 1960 for gold transactions carried out between Portuguese and German authorities between 1936 and 1945. Nongovernmental organizations (NGOs) and advocacy groups, including the local Jewish community, reported no significant outstanding Holocaust-era claims, including for foreign citizens. The government has not yet responded to the 2016 European Shoah Legacy Institute’s Immovable Property Restitution Study Questionnaire covering past and present restitution regimes.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and laws prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Speech and Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. The law criminalizes the denigration of ethnic or religious minorities, as well as offensive practices such as Holocaust denial. Prison sentences for these crimes run between six months and eight years.

INTERNET FREEDOM

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. According to the International Telecommunication Union, 72 percent of the population used the internet.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

b. Freedom of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

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

Abuse of Migrants, Refugees, and Stateless Persons: Authorities reportedly kept in detention some asylum seekers who submitted their applications for international protection at border points. If asylum seekers appealed a negative decision they could remain in detention for up to 60 days, and no alternatives existed. According to the Portuguese Refugee Council, the reception center for refugees in Lisbon remained overcrowded.

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

PROTECTION OF REFUGEES

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

Safe Country of Origin/Transit: The government considers all other EU countries to be safe countries of origin or transit. It returned asylum seekers to their country of entry into the EU for adjudication of their applications.

Durable Solutions: The government fulfilled its commitment and received refugees under the EU’s relocation plan for refugees who entered the EU through Greece and Turkey. It offered naturalization to refugees residing on Portuguese territory.

Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees and provided subsidiary protection to approximately 215 persons in 2016.

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.

Elections and Political Participation

Recent Elections: In 2016 the country held a presidential election that observers considered free and fair. Observers also considered local elections on October 1 to be free and fair.

Participation of Women and Minorities: No laws limit the participation of women and members of minorities in the political process, and they did participate.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were reports of corruption in the executive and legislative branches of the central government during the year.

Corruption: Media reported corruption involving central and local government officials. In late August the country’s Tax Authority opened an investigation into unreported travel to China in 2015 by six tax and health officials. Chinese technology company Huawei paid the officials’ expenses. Earlier that month, the public prosecutor’s office announced it had opened an investigation into six parliamentarians for similar travel sponsored by Huawei, also in 2015. In the fallout from the “Huaweigate” travel scandal, a Portuguese diplomat was removed from his position as deputy state secretary for Portuguese communities amid allegations that during a January 2017 personal trip to China he accepted free hotel accommodations and meal expenses from Huawei in violation of government ethics rules. This incident came after the “Galpgate” scandal that led to resignations and a minor cabinet reshuffle in Prime Minister Antonio Costa’s government. In that case prosecutors leveled charges in July against several Socialist Party politicians for traveling to the European soccer championship in France in the summer of 2016 at the expense of energy company Galp. In September the government adopted a new code of conduct that set out clear limits on the monetary value and types of gifts government officials are allowed to accept.

On October 11, former prime minister Jose Socrates was formally charged with three counts of passive corruption while holding political office, 16 counts of money laundering, nine counts of forging documents, and three counts of tax fraud, committed between 2006 and 2015. The indictment, issued after a four-year investigation, accused the former Socialist prime minister (2005-11) of playing a pivotal role and receiving millions of euros in a scheme involving the former heads of the Espirito Santo (BES) banking empire and Portugal Telecom. Former BES chief executive officer (CEO) Ricardo Salgado was charged with paying Socrates to sway Portugal Telecom to follow a strategy defined by Salgado. Salgado is also accused of paying Portugal Telecom’s former CEO Zeinal Bava and chairman Henrique Granadeiro, both of whom were also indicted. Socrates denied wrongdoing and claimed the charges were politically motivated. The 4,000-page report that states the formal accusation contains evidence from more than 200 witnesses, 200 searched premises, and the examination of 500 bank accounts to support the prosecution’s case. The trial date has not been set.

Financial Disclosure: The law requires appointed and elected officials to disclose their income and assets. The law also mandates the Constitutional Court to monitor and verify disclosures. The court’s declarations are available to the public. The criminal penalties for noncompliance are up to five years’ incarceration or a fine equivalent to 600 days of the person’s income and/or administrative sanctions including removal from office.

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

Government Human Rights Bodies: The country has an independent human rights ombudsman appointed by parliament who is responsible for defending the human rights, freedom, and legal rights of all citizens. The Ombudsman’s Office operated independently and with the cooperation of the government.

The ombudsman had adequate resources and published mandatory annual reports, as well as special reports on problems such as women’s rights, prisons, health, and the rights of children and senior citizens.

Parliament’s First Committee for Constitutional Issues, Rights, Liberties, and Privileges oversees human rights problems. It drafts and submits bills and petitions for parliamentary approval.

Women

Rape and Domestic Violence: The law makes rape, including spousal rape, illegal, with a penalty of three to 10 years’ imprisonment. The government generally enforced the law when the victim chose to press charges and the cases were not settled out of court through mediation. The law provides for criminal penalties of up to 10 years’ imprisonment in cases of domestic violence by a spouse or by a person other than the spouse. The judicial system prosecuted persons accused of abusing women. In October a Porto appeals court caused national controversy by upholding an unusually lenient suspended sentence for a convicted spousal abuser who was motivated by adultery. On December 5, the Superior Council of Magistrates opened a disciplinary procedure against the ruling judges.

Violence against women, including domestic violence, continued to be a problem. According to preliminary data from nongovernmental organizations and media reports, in the first eight months of the year, there were 20 deaths related to domestic violence. Data showed 22 such deaths in 2016.

According to data from the government’s Annual Internal Security Report, in 2016 there were 22,773 reports of domestic violence, a small increase from 2015. In 2016 police registered 335 reports of rape, a decrease of 40 cases from 2015.

The law allows third parties to file domestic violence reports. The government encouraged abused women to file complaints with the appropriate authorities and offered the victim protection against the abuser. The government’s Commission for Equality and Women’s Rights operated 14 safe houses for victims of domestic violence and maintained an around-the-clock telephone service. Safe-house services included food, shelter, health assistance, and legal assistance. The government-sponsored Mission against Domestic Violence conducted an awareness campaign against domestic violence, trained health professionals, proposed legislation to improve legal assistance to victims, and negotiated protocols with local authorities to assist victims.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is a crime punishable under the law. There were reports FGM/C was practiced on young girls in poor African communities, particularly by Bissau-Guinean immigrants. The government addressed the problem at various levels. The third action plan to prevent and eliminate FGM/C increased awareness of the problem and helped lead to 80 reports in 2016, all involving girls over 15 years of age. None of the FGM/C procedures was carried out in the country.

Sexual Harassment: Sexual harassment is a crime, with penalties ranging from one to eight years in prison. If perpetrated by a superior in the workplace, the penalty is up to two years in prison, or more in cases of “aggravated coercion.”

The Commission on Equality in the Workplace and in Employment, composed of representatives of the government, employers’ organizations, and labor unions, examines, but does not adjudicate, complaints of sexual harassment. In 2016 the Association for Victim Support received reports of 79 cases of sexual harassment.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: The constitution and the law provide women full legal equality with men, and the government enforced the law.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory and from one’s parents. Authorities registered all births immediately.

Child Abuse: Child abuse was a problem. The Association for Victim Support reported 826 crimes against children under the age of 18 in 2016. There were reports Romani parents used minor children for street begging. A child-abuse database is accessible to law enforcement and child protection services. The government prohibits convicted child abusers from work or volunteer activities involving contact with children. It also carried out awareness campaigns against child abuse and sexual exploitation.

Early and Forced Marriage: The minimum age for marriage is 18 for women and men, but both sexes may marry at 16 with the consent of both parents exercising parental authority, or a guardian, or, in default of the latter, a court decision.

Sexual Exploitation of Children: Statutory rape is a crime with penalties ranging up to 10 years in prison, and authorities enforced the law. The minimum age for legal consensual sex is 16. The law prohibits child pornography. Penalties range up to eight years in prison.

International Child Abductions: The country is 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 travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

Estimates placed the Jewish community at 3,000-4,000 persons. In contrast with the previous year, there were no reports of anti-Semitic acts.

After the country passed a law in 2015 granting descendants of Jews forced into exile centuries ago the right to citizenship, the government received 8,800 requests and naturalized 713 applicants for citizenship as of August 27. The largest numbers were from Turkey (171), Israel (56), and Brazil (39). The institutions of the Jewish community in Lisbon or Porto vetted each application. These institutions are responsible for checking documentation of the applicants’ ancestors and making recommendations to the government.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution and law prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government effectively enforced the law. The law mandates access to public buildings, information, and communication for persons with disabilities, but no such legislation covers private businesses or other facilities.

National/Racial/Ethnic Minorities

The procedure to file a complaint of racial discrimination continued to be lengthy and complicated. The complaints system against police officers concerning racist or racially discriminatory acts was not functional.

The government estimated the Romani population to be between 40,000 and 50,000 persons. A large number of Roma continued to live in encampments consisting of barracks, shacks, or tents. Many settlements were in areas isolated from the rest of the population and often lacked basic infrastructure, such as access to drinking water, electricity, or waste-disposal facilities. Some localities constructed walls around Romani settlements. Reports of police harassment, misconduct, and abuses against Roma continued.

In some localities the government provided integration and access to services for the Roma, including vaccination campaigns, monitoring of prenatal care, scholarship programs, assistance in finding employment, and a mediation program staffed by ethnic Romani mediators in the Office of the High Commission for Immigration and Intercultural Dialogue.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution and the law prohibit discrimination based on sexual orientation and gender identity.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of most workers to form and join independent unions, bargain collectively, and conduct legal strikes. The government generally respected these rights. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity.

While the law provides for freedom of association and collective bargaining, several restrictions limit these rights. In addition to members of the armed forces, the rights of police officers are limited. The PJ, the Foreigners and Borders Service, and prison guards may strike; the PSP and the GNR may not. If a long strike occurs in a sector deemed essential such as justice, health, energy, or transportation, the government may order strikers back to work for a specified period. Unions considered the list of essential sectors to be overly broad. Unions reported that compulsory conciliation and arbitration as prerequisites to strikes, restrictions on the scope of strikes, and restrictions on the types of strike actions permitted could limit the effectiveness of strikes.

The law requires unions to represent at least 50 percent of workers in a sector for collective bargaining units to be extended beyond the enterprise level. Public-sector employee unions have the right to discuss and consult with their employers on conditions of work, but they do not have the right to negotiate binding contracts. There remains a lack of clarity regarding criteria for union representation in the Permanent Commission for Social Partnerships, a tripartite advisory body. The law names specific unions, rather than giving participation rights to the most representative unions.

The government was generally effective in enforcing these laws. Resources, including inspections and remediation, were adequate. Penalties for violations range from fines to imprisonment and were sufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays or appeals.

Authorities generally respected freedom of association and the right to collective bargaining. Worker organizations could generally operate free from government interference. Requirements for enterprise-level bargaining by work councils sometimes prevented local union representatives from bargaining directly on behalf of workers. There were instances of employers undermining strikes using last-minute minimum-service requirements. Some workers received threats that union participation would result in negative performance reviews.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced and compulsory labor. In September 2016 an amendment to the Labor Code to combat modern forms of forced labor entered into force. The amendment places responsibility for complying with legal provisions on temporary employment agencies and employers of temporary workers. It provides that the contractor and the developer, company, or farm, as well as the respective managers, administrators, or directors, and companies with which they are connected are jointly liable for violations of the legal provisions relating to the health and safety of temporary workers and are responsible for entitlements, social security contributions, and the payment of the respective fines.

Resources dedicated to prevention of forced labor, including inspections and remediation, and enforcement of the law remained inadequate, but penalties ranging from three to 15 years’ imprisonment were sufficiently stringent to deter violations. Convictions remained low, and convicted offenders frequently avoided imprisonment, undercutting enforcement efforts and victim protections. Government efforts to prevent and eliminate forced labor during the year included a countrywide awareness campaign and training security forces to identify, flag, and direct victims to assistance services. In 2016, 93 percent of the 118 confirmed victims of trafficking in persons in the country were victims of forced labor; 32 of the confirmed and potential victims were children.

Foreign labor trafficking victims were exploited in agriculture, construction, and domestic service, while Portuguese victims were exploited in restaurants, agriculture, and domestic service, primarily in Portugal and Spain.

Traffickers subjected children to forced labor (see section 7.c.).

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The statutory minimum age for employment is 16. The law prohibits the employment of persons under the age of 18 at night, for overtime work, or in sectors considered hazardous. The Working Conditions Authority (ACT) in the Ministry of Solidarity, Employment, and Social Security has primary responsibility for enforcement of the minimum age law, and enforced it effectively in major industries and the service sector.

Child labor occurred in very limited cases. Children of Romani descent were subjected to forced begging and coerced to commit property crimes (see section 6, Children).

Resources and inspections were adequate. Penalties for violations included imprisonment and were sufficient to deter violations.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination with respect to employment and occupation, and the government effectively enforced these laws.

The law requires equal pay for equal work. According to the Ministry of Solidarity, Employment, and Social Security, however, women’s average salaries were approximately 24 percent lower than those of men.

e. Acceptable Conditions of Work

The minimum wage, which covers full-time workers, rural workers, and domestic employees who are 18 years of age and older, was 530 euros ($636) per month. The estimated poverty income level for 2017 was 439 euros ($527) per month per adult.

The legal workday may not exceed 10 hours, and the maximum workweek is 40 hours. In June 2016 the government approved a return to the public sector’s traditional 35-hour working week, down from the 40 hours that had become standard in the private sector. There is a maximum of two hours of paid overtime per day and 200 hours of overtime per year, with a minimum of 12 hours’ rest between workdays. Premium pay for overtime worked on a rest day or public holiday is 100 percent; overtime performed on a normal working day is paid at a premium of 50 percent for the first hour and 75 percent for subsequent time worked. Unions raised concerns regarding working hour provisions on flexibility schemes and time banking, which the government has noted were designed to make working hours more flexible and increase productivity. The International Labor Organization noted that working-time arrangements detrimental to workers’ health or work-life balance might be inconsistent with international standards. Occupational safety and health standards set by ACT were current and appropriate. Information on enforcement of these laws in the small informal economy was not available.

ACT was responsible for enforcement of minimum wage, hours of work, and safety standards in the formal sector, and effectively enforced these measures. Resources, inspections, and remediation were adequate. Penalties ranged from fines to prison and were sufficient to deter violations.

Workers have the right to lodge confidential grievances with ACT regarding hazardous conditions or circumstances they believe endanger their health. Inspectors have the right to conduct inspections at any private or public company at any time without warning, and may shut down a workplace or a business permanently or temporarily if there is imminent danger to the workers’ health or safety. Workers are registered with social security services, whose funds cover their mandatory insurance for occupational diseases and work-related accidents. ACT conducts studies on labor accidents, salaries, and working conditions. It may impose administrative penalties and file lawsuits against employers. It has the right to access company records, files, and archives, and may provide mediation services to resolve individual or group labor disputes. Labor enforcement tended to be less rigorous in sectors such as construction and agriculture where most immigrant workers were employed. According to ACT, there were 138 deaths from work-related accidents in 2016. Preliminary data for 2017 showed 54 deaths during the first six months of the year, the majority in construction and manufacturing. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings during the year.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit torture and other inhuman or degrading treatment and punishment; the National Human Rights Committee (NHRC) investigated three allegations of torture and beatings by security forces in its 2016 report, but found no evidence to substantiate those claims.

The government interprets sharia as allowing corporal punishment for certain criminal offenses, including court-ordered flogging in cases of alcohol consumption and extramarital sex by Muslims. Courts typically reduced sentences to imprisonment or a fine.

Prison and Detention Center Conditions

Aside from the Deportation Detention Center (DDC), prison conditions generally met international standards. The 2016 report of the NHRC stated that the committee paid 22 surprise visits to various detention and interrogation facilities across the country in 2016 and concluded that the facilities met international standards.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions.

Administration: No statute allows ombudsmen to advocate for prisoners and detainees.

Independent Monitoring: The government permitted monitoring visits by independent human rights observers and international bodies to all facilities except the state security prison. The government routinely provided foreign diplomats access to state security prisoners. Representatives from the NHRC conducted regular visits to all facilities.

Improvements: In January the government expanded the capacity of the deportation center for women to host up to 250 inmates, and provided additional access to health care, food, and recreational facilities.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention, and the government usually observed these prohibitions. There were isolated reports that authorities arbitrarily arrested and detained some individuals.

Authorities may detain individuals in the state security prison for indefinite periods under the Protection of Society Law and the Combating Terrorism Law. The government limited detention to two months for all DDC detainees, except those facing additional financial criminal charges. The processing time for deportations ranged from two days to 10 months. There were reports that authorities delayed deportations in cases where detainees had to resolve financial delinquencies before they departed the country.

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police and state security forces maintai