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China (includes Tibet, Hong Kong, and Macau) – Tibet

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

Women

Coercion in Population Control: As in the rest of China, there were reports of coerced abortions and sterilizations, although government statistics on the percentage of abortions coerced during the year were not available. The CCP restricts the rights of parents to choose the number of children they have and utilizes family planning units from the provincial to the village level to enforce population limits and distributions.

Discrimination: There were no formal restrictions on women’s participation in the political system, and women held many lower-level government positions. Nevertheless, they were underrepresented at the provincial and prefectural levels of government.

Children

Many rural Tibetan areas have implemented China’s nationwide “compulsory” and “centralized education” policy, which forced the closure of many village and monastic schools and the transfer of students, including elementary school students, to boarding schools in towns and cities. Reports indicated many of the boarding schools did not adequately care for and supervise their younger students. This policy also resulted in diminished acquisition of the Tibetan language and culture by removing Tibetan children from their homes and communities where the Tibetan language is used. It has also led to the removal of young monks from monasteries, forcing them instead into government-run schools.

Trafficking in Persons

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

National/Racial/Ethnic Minorities

Although the 2010 TAR census figures showed that Tibetans made up 90.5 percent of the TAR’s permanently registered population, official figures did not include a large number of long-, medium-, and short-term ethnic Chinese migrants, such as cadres, skilled and unskilled laborers, military and paramilitary troops, and their respective dependents. Tibetans continued to make up nearly 98 percent of those registered as permanent residents in rural areas of the TAR, according to official census figures.

Migrants to the TAR and other parts of the Tibetan Plateau were overwhelmingly concentrated in urban areas. Government policies to subsidize economic development often benefited ethnic Chinese migrants more than Tibetans. In many predominantly Tibetan cities across the Tibetan Plateau, ethnic Chinese or Hui migrants owned and managed most of the small businesses, restaurants, and retail shops.

Observers continued to express concern that major development projects and other central government policies disproportionately benefited non-Tibetans and resulted in a considerable influx of ethnic Chinese and Hui persons into the TAR and other Tibetan areas. Large state-owned enterprises based outside the TAR engineered or implemented many major infrastructure projects across the Tibetan Plateau, with ethnic Chinese professionals and low-wage temporary migrant workers from other provinces, rather than local residents, managing and staffing the projects.

Economic and social exclusion was a major source of discontent among a varied cross section of Tibetans. Some Tibetans continued to report discrimination in employment. Some Tibetans reported it was more difficult for them than ethnic Chinese to obtain permits and loans to open businesses, and the government gave many ethnic Chinese, especially retired soldiers, incentives to move to Tibet. Restrictions increased during the year on both local NGOs that received foreign funding and international NGOs that provided assistance to Tibetan communities, resulting in a decrease of NGO programs in the TAR and other Tibetan areas. Throughout the year there were no known Tibetan Plateau-based international NGOs operating in the country.

The government continued its campaign to resettle Tibetan nomads into urban areas and newly created communities in rural areas across the TAR and other Tibetan areas. Improving housing conditions, health care, and education for Tibet’s poorest persons were among the stated goals of resettlement, although there was a pattern of settling herders near townships and roads and away from monasteries, which were the traditional providers of community and social services. A requirement that herders bear a substantial part of the resettlement costs often forced resettled families into debt. The government’s campaign resulted in many resettled herders losing their livelihoods and living in impoverished conditions in urban areas.

Although a 2015 media report noted that Tibetans and other minority ethnic groups made up 70 percent of government employees in the TAR, the top CCP position of TAR party secretary continued to be held by an ethnic Chinese, and the corresponding positions in the vast majority of all TAR counties were also held by ethnic Chinese. Within the TAR, ethnic Chinese also continued to hold a disproportionate number of the top security, military, financial, economic, legal, judicial, and educational positions. The law requires Party secretaries and governors of ethnic minority autonomous prefectures and regions to be from that ethnic minority; however, ethnic Chinese were party secretaries in eight of the nine TAPs located in Gansu, Qinghai, Sichuan, and Yunnan Provinces. One TAP in Qinghai Province had a Tibetan party secretary. Authorities strictly prohibited Tibetans holding government and CCP positions from openly worshipping at monasteries or otherwise publicly practicing their religion.

Government propaganda against alleged Tibetan “proindependence forces” contributed to Chinese societal discrimination against ordinary Tibetans. Many Tibetan monks and nuns chose to wear nonreligious clothing to avoid harassment when traveling outside their monasteries and throughout China. Some Tibetans reported that taxi drivers throughout China refused to stop for them and hotels refused to provide rooms.

READ A SECTION: CHINA | TIBET (ABOVE) | HONG KONG | MACAU

Saint Lucia

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

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, which is punishable by 14 years’ to life imprisonment. The law criminalizes spousal rape only when a couple is divorced or separated or when there is a protection order from the Family Court. Roungement–the practice of parents’ accepting monetary compensation to settle rape and sexual assault cases out of court–is prohibited by law, but it was rarely prosecuted and commonly practiced.

Sexual assault remained a problem. High-level government officials publicly expressed support for enacting family law legislation and strengthening avenues of recourse for victims of gender-based violence.

Domestic violence was also a significant problem, but there were no prosecutions of crimes of gender-based violence during the year. While police were willing to arrest offenders, the government prosecuted crimes of violence against women only when the victim pressed charges. The Gender Relations Department cited a lack of training in trauma-specific interview techniques as a major problem for evidence collection.

The law provides penalties for domestic violence ranging from five years’ to life imprisonment. Shelters, a hotline, police training, and a national protocol were used to deal with the problem, but the lack of financial security for victims was a key impediment. The maximum amount of child support the court may award a custodial parent is XCD 250 ($93) per month per child. Police also faced problems, such as a lack of transportation, which at times prevented them from responding to a call in a timely manner. The Saint Lucia Crisis Center, a nongovernmental organization receiving government assistance, maintained a facility for female victims of domestic violence and their children and a hotline for support. The only residential facility for victims of domestic abuse, the Women’s Support Center operated by the Department of Gender Relations, also received government funding.

The Ministry of Education, Innovation, Gender Relations, and Sustainable Development assisted victims. Authorities referred most cases to a counselor, and police facilitated the issuance of court protection orders in some cases. The Department of Gender Relations operated a number of gender-based violence prevention programs in schools and community-based groups.

The Family Court hears cases of domestic violence and crimes against women and children. The court can issue a protection order prohibiting an abuser from entering or remaining in the residence of a specified person. The court remands perpetrators to an intervention program for rehabilitation. The court employed full-time social workers to assist victims of domestic violence.

Sexual Harassment: The law prohibits sexual harassment, but it remained a problem, since government enforcement was not an effective deterrent. Most cases of sexual harassment were handled in the workplace rather than prosecuted under the law.

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

Discrimination: The law provides for the same legal status and rights for women as for men. The law requires equal pay for equal work. Women were underrepresented in the labor force, had higher levels of unemployment than men, and sometimes received lower pay or faced additional informal hurdles gaining access to credit. The law provides equal treatment for family property, nationality, and inheritance. Civil society groups reported the government did not enforce family property or inheritance laws effectively.

Children

Birth Registration: Children receive citizenship by birth to a parent with citizenship. Women can equally pass on citizenship to their children, but the foreign husband of a Saint Lucian woman does not automatically receive Saint Lucian citizenship, unlike the foreign wife of a Saint Lucian man. Authorities provided birth certificates to parents without undue administrative delay.

Child Abuse: Child abuse remained a problem. The Department of Human Services and Family Affairs handled cases of sexual abuse, physical abuse, abandonment, and psychological abuse. Although the government condemned the practice, parents of sexually abused children sometimes declined to press sexual assault charges against the abuser in exchange for financial contributions toward the welfare of the victims. Nonetheless, courts heard some child sexual abuse cases, and convicted and sentenced offenders.

The human services division provided services to victims of child abuse, including a home for severely abused and neglected children, counseling, facilitating medical intervention, finding foster care, providing family support services, and supporting the child while working with police and attending court.

Early and Forced Marriage: The legal minimum age for marriage is 18 for men and women, but 16 with parental consent.

Sexual Exploitation of Children: Laws on sexual offenses cover rape, unlawful sexual connection, and unlawful sexual intercourse with children under 16. The age of consent is 16, but a consent defense may be cited if the victim is between 12 and 16. The law prohibits forced labor or sex trafficking of children under the age of 18. There were limited indications that unorganized commercial sexual exploitation of children occurred. No separate law defines or specifically prohibits child pornography.

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

Anti-Semitism

There was no organized Jewish community, 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 law does not prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. Government regulations require access for persons with disabilities to all public buildings, but only a few government buildings had access ramps. The Ministry of Health operated a community-based rehabilitation program in residents’ homes.

Children with physical and visual disabilities were not mainstreamed into the wider student population. Five schools were available for persons with mental disabilities and for children who were hard of hearing, deaf, or blind; or had vision disabilities. Children with disabilities faced barriers in education, and there were few opportunities for such persons when they became adults.

While there were no official reports of discrimination, employers generally did not make accommodations for workers with disabilities. Persons with disabilities have the right to vote, and selected polling stations are accessible for mobility-impaired voters, but many polling stations were inaccessible.

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

Consensual same-sex sexual activity is illegal under indecency statutes, and some consensual same-sex sexual activity between men is also illegal under anal intercourse laws. Indecency statutes carry a maximum penalty of five years’ imprisonment, and anal intercourse carries a maximum penalty of 10 years in prison. The law does not extend antidiscrimination protections to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons based on sexual orientation, gender identity or expression, or sex characteristics.

While the indecency statutes and anal intercourse laws were rarely enforced, civil society reported there was widespread societal discrimination against LGBTI persons. The few openly LGBTI persons faced daily verbal harassment and, at times, physical threats. Civil society groups reported LGBTI persons were denied access to rental homes or forced to leave rental homes and were denied jobs or left jobs due to a hostile work environment.

There were few reported incidents of violence or abuse during the year.

HIV and AIDS Social Stigma

Nongovernmental organizations reported there was some stigma and discrimination against persons infected with HIV/AIDS. Civil society reported that health-care workers did not respect patient confidentiality with respect to HIV/AIDS status. Civil society conducted an HIV testing training for health-care workers, in partnership with the Ministry of Health, Organization of Eastern Caribbean States, and Caribbean Vulnerable Communities Coalition.

Section 7. Worker Rights

The law specifies the right of most workers to form and join independent unions, bargain collectively, and strike. The law also prohibits antiunion discrimination, and workers fired for union activity have the right to reinstatement.

The law places restrictions on the right to strike by members of the police and fire departments, health services, and utilities (electricity, water, and telecommunications) on the grounds that these organizations provide “essential services.” They must give 30 days’ notice before striking. Once workers have given notice, authorities usually refer the matter to an ad hoc labor tribunal set up under the Essential Services Act. The government selects tribunal members following rules to ensure tripartite representation. These ad hoc tribunals try to resolve disputes through mandatory arbitration.

The law provides effective remedies and penalties, but investigation and prosecution of labor standards violations was insufficient.

The government generally respected freedom of association, while employers generally respected the right to collective bargaining. Workers exercised the right to strike and bargain collectively.

The government prohibits all forms of forced or compulsory labor and effectively enforced the prohibition. Forced labor violations can result in fines of up to XCD 10,000 ($3,700), imprisonment not exceeding two years, or both. The Countertrafficking Act prohibits trafficking for forced labor, punishable by up to five years’ imprisonment, fines of up to XCD 100,000 ($37,000), or both. Penalties that allow for imposition of fines were not sufficiently stringent to deter violations. The government did not have written procedures to guide officials on the proactive identification and referral of trafficking victims.

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

The law provides for a minimum legal working age of 15, once a child has finished the school year. The minimum legal age for industrial work is 18. The law provides special protections for workers younger than 18 regarding working conditions and prohibits hazardous work, although there are no specific restrictions on working hours for those under 18. There is no comprehensive list of what constitutes hazardous work; however, the Occupational Health and Safety Act prohibits children under 18 from working in industrial undertakings, including using machinery and working in extreme temperatures. Children ages 15 to 18 need a parent’s permission to work.

The Ministry of Infrastructure, Ports, Energy, and Labor is responsible for enforcing statutes regulating child labor. These laws were effectively enforced, and the penalties were adequate to deter violations.

There were no formal reports of violations of child labor laws. Child labor was uncommon (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 law and regulations prohibit discrimination regarding race, color, sex, religion, national extraction, social origin, ethnic origin, political opinion or affiliation, age, disability, serious family responsibility, pregnancy, marital status, or HIV/AIDS but not sexual orientation or gender identity. The law prohibits termination of employment for sexual orientation. Civil society groups received reports of LGBTI persons being denied jobs or leaving jobs due to a hostile work environment. There are no specific penalties for discrimination, but discrimination is covered under the general penalties section of the labor code that provide for one year’s imprisonment, a fine of XCD 5,000 ($1,850), or both. The government effectively enforced applicable law. Penalties were sufficient to deter violations.

The law provides for a minimum wage for some sectors, including office clerks, shop assistants, and messengers. On average the sector-specific minimum wages were below the official poverty income level.

The legislated workweek is 40 hours with a maximum of eight hours per day. Special legislation covers work hours for shop assistants, agricultural workers, domestic workers, and workers in industrial establishments. Labor laws, including occupational health and safety standards, apply to all workers whether in the formal or informal sectors.

The labor code provides penalties for violations of labor standards of up to XCD 10,000 ($3,700) or two years’ imprisonment. The government effectively enforced the law, and penalties were sufficient to deter violations. The Ministry of Infrastructure, Ports, Energy, and Labor is charged with monitoring violations of labor law. Employers generally were responsive to ministry requests to address labor code violations, and authorities rarely levied fines. Eight compliance officers monitored compliance with pension standards and standards governing terminations, vacation and sick leave, contracts, and hours of work. There were no reported violations of wage laws. Labor unions did not routinely report such violations, and most categories of workers received much higher wages based on prevailing market conditions. There were no reported workplace fatalities or major accidents.

The government sets occupational safety and health (OSH) standards that are current and appropriate. There was one OSH inspector and one OSH consultant; the nine labor inspectors also assisted with occupational and safety standard inspections. The number of inspectors was not adequate to enforce compliance, but the labor ministry had an active OSH compliance program and closed multiple offices during the year for failing to meet OSH standards. Workers could remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. OSH violations most commonly occurred in government offices and call centers. The ministry reported workers in the construction sector sometimes faced hazardous working conditions. Most overtime and wage violations occurred in this sector. The government does not legally define or collect statistics on the informal economy.

Saint Vincent and the Grenadines

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

Women

Rape and Domestic Violence: Rape, including spousal rape, is illegal, and the government generally enforced the law when victims came forward. Sentences for rape begin at 10 years’ imprisonment. Authorities referred allegations of rape or any abuse against women to the police. Police were generally responsive to these complaints. Police and human rights groups reported that perpetrators commonly made payoffs to victims of rape or sexual assault in exchange for victims not pressing charges.

Civil society groups reported that rape and violence against women remained a serious and pervasive problem. The Division of Gender Affairs in the Ministry of National Mobilization offered different programs to assist women and children. The ministry maintained a crisis center for survivors of domestic violence.

Sexual Harassment: The law does not specifically prohibit sexual harassment, although authorities could prosecute such behavior under other laws. Local human rights groups and women’s organizations considered enforcement ineffective.

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

Discrimination: Women enjoy the same legal rights to family, nationality, and inheritance as men. Women received an equitable share of property following separation or divorce. The law requires equal pay for equal work and authorities generally enforced it.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory or from either parent. There was universal birth registration, which usually occurred within a few days of a child’s birth.

Child Abuse: The law provides a legal framework for the protection of children, including within domestic violence laws. The Family Services Division of the Ministry of Social Development monitored and protected the welfare of children. The division referred all reports of child abuse to the police for action and provided assistance in cases where children applied for protection orders with the family court. Reports of unlawful sexual intercourse with children under age 15 remained a problem, and these reports were in some cases linked to transactional sex with minors. Government and nongovernmental organization (NGO) interlocutors indicated that child abuse, including neglect, incest, and physical, sexual, and emotional abuse were significant problems.

Early and Forced Marriage: The legal minimum age for marriage is 18. Parental consent is required for underage marriage.

Sexual Exploitation of Children: The law does not specify a minimum age for consensual sex but stipulates punishment for persons who have sexual relations with a girl under age 15. The law prohibits statutory rape, with special provisions for those under age 13. Observers noted that male and female teenagers engaged in prostitution and transactional sex. NGO and government sources reported some mothers pressured their daughters to have sexual relations with older men as a way to supplement family income. Government officials conducted sensitization workshops in the community and schools to address the problem.

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

Anti-Semitism

There was no organized Jewish community, 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 law prohibits discrimination against persons with physical, sensory, mental, and intellectual disabilities, and the government generally observed these prohibitions. The law does not mandate access to buildings for persons with disabilities, and access for such persons generally was difficult. NGOs reported government funding for organizations supporting persons with disabilities was insufficient to meet the needs of persons with disabilities. NGOs reported subtle discrimination in hiring practices throughout the workforce but noted the government’s strong attempt to recruit and hire persons with disabilities through programs such as the Youth Employment Service.

Education was provided until age 21 for persons with disabilities, and the government partially supported a separate school for persons with disabilities. Persons with disabilities also could attend public schools. A separate rehabilitation center treated an average of five persons daily.

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

Consensual same-sex conduct between adults is illegal under indecency statutes, and some sexual activity between adult men is illegal under anal intercourse laws. Indecency statutes carry a maximum penalty of five years’ imprisonment, and anal intercourse acts carry a maximum penalty of 10 years in prison, although these laws were rarely enforced. No laws prohibit discrimination against a person based on sexual orientation or gender identity.

Anecdotal evidence suggested there was societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, although local observers believed such attitudes of intolerance were slowly improving. Members of professional and business classes were more inclined to conceal their LGBTI status.

There were two acts of violence on individuals due to their sexual orientation or gender identity. Both cases were under investigation as of October. In one case two men dressed in female clothing were chased and beaten by a crowd, all of which was captured and posted to social media. No individuals from the crowd were arrested. In the second incident, authorities suspected a man was killed during a same-sex encounter. Police detained a suspect, who later admitted to the killing.

HIV and AIDS Social Stigma

Anecdotal evidence suggested there was some societal discrimination against persons with HIV/AIDS, especially in employment. The government provided monthly financial assistance to persons with HIV/AIDS. The SVGHRA, which serves as coordinator for these NGOs, reported that funding continued to be a problem since each organization must find its own funding sources.

Section 7. Worker Rights

The law provides for the rights of workers to form and join unions of their choice, bargain collectively, and conduct legal strikes. The government enforces and recognizes the right to collective bargaining and freedom of association in the private sector.

The law prohibits antiunion discrimination and dismissal for engaging in union activities. Although it does not require reinstatement of workers fired for union activity, a court may order reinstatement.

The law does not require employers to recognize a particular union as an exclusive bargaining agent. The law provides that if both parties consent to arbitration, the minister of labor can appoint an arbitration committee to hear the matter. The law provides for establishment of an arbitration tribunal and a board of inquiry in connection with trade disputes and allows provision for the settlement of such disputes.

Authorities formed arbitration panels, which included tripartite representation from government, businesses, and unions, on an ad hoc basis when labor disputes occurred.

Workers providing services deemed essential (defined as electricity, water, hospital, and police) are prohibited from striking unless they provide at least a 14-day notice to the authorities. Some of these sectors exceeded the International Labor Organization’s standard for essential services.

The government generally enforced labor laws effectively. Government penalties of up to 5,000 Eastern Caribbean Dollars (XCD) ($1,850) generally were sufficient to deter violations.

Freedom of association and the right to collective bargaining were generally respected.

The law prohibits all forms of forced or compulsory labor. Authorities reported their efforts to investigate forced labor violations functioned well and that additional staff would complement efforts. Penalties against forced labor carry punishments of up to 20 years’ imprisonment with fines. These penalties are commensurate with serious crimes and were sufficient to deter violations. While there were no forced labor investigations underway, anecdotal evidence indicated that a small number of persons–including minors–were vulnerable to forced labor in underground economic activities in the drug trade and prostitution.

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

The law sets the minimum working age at 14. Compulsory education ends at age 16. The law prohibits children and youth from working between the hours of 10 p.m. and 7 a.m. Children under 18 may not work for more than 12 hours a day.

According to observers, the government did not effectively enforce applicable law regarding child labor. The Department of Labor did not conduct any inspections specifically related to child labor during the year. Instead, the government relies on general labor inspections to identify any child labor violations. The department reported no complaints related to child labor. Covered under its trafficking-in-persons legislation, penalties for child labor could result in 20 years’ imprisonment and were sufficient to deter violations.

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

Minimum wages, updated in 2017, varied by sector and type of work. In agriculture the minimum wage for workers receiving shelter was $40 XCD ($14.80) per day or $36 XCD ($13.30) if shelter was not provided. For industrial workers it ranged from $25 XCD ($9.25) per day for an apprentice to $48 XCD ($17.80) per day for an experienced employee.

The law prescribes hours of work according to category, such as industrial employees (40 hours per week), professionals (44 hours per week), and agricultural workers (30 to 40 hours per week). The law provides that workers receive time and a half for hours worked more than the standard workweek. There was a prohibition against excessive or compulsory overtime, which authorities effectively enforced.

Legislation concerning occupational safety and health was outdated. Workers have the right to remove themselves from unsafe work environments without jeopardizing their employment, but authorities did not effectively enforce this right.

Although the government reported that the system of inspections worked well, civil society organizations reported that enforcement of regulations was ineffective because the government lacked a sufficient number of inspectors. Department of Labor inspectors conducted regular wage and workplace safety inspections. Department officials stated the number of inspectors was adequate. The Ministry of Agriculture conducted inspections and worksite visits in the agricultural sector related to occupational safety and health. The Department of Labor stated it did not have the legal authority to impose fines for violations but conducted follow-up inspections to assess if the shortfalls had been addressed. Law enforcement and judicial officials have the authority to prosecute violations and impose fines. Workers who receive less than the minimum wage may file a claim with labor inspectors, who investigate and, if warranted, refer the matter to arbitration. The department received very few complaints concerning minimum wage violations but received complaints regarding wrongful dismissal. Department officials indicated that workplace violations were rare, since most employers adhered to the minimum labor standards. The department offered voluntary labor dispute mediation and advised employers and employees of their labor rights through a weekly radio program.

Samoa

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

Women

Rape and Domestic Violence: The constitution prohibits the abuse of women. Rape is a crime, but there is no legal provision against spousal rape. The penalties for rape range from two years’ to life imprisonment, but the court has never imposed a life sentence.

When police received complaints from abused women, authorities investigated and punished the offender, including imprisonment. Authorities charge domestic violence as common criminal assault, with a maximum penalty of one year’s imprisonment. Village councils typically punished domestic violence offenders only if they considered the abuse extreme, such as when there were visible signs of physical harm. The courts treated rape seriously, and the conviction rate generally was high.

The government acknowledged that rape and domestic abuse were of significant concern. The National Public Inquiry into Family Violence, released in September, revealed that 86 percent of women have experienced some form of physical violence from an intimate partner, and 24 percent had experienced choking. Many cases of rape and domestic abuse went unreported because societal attitudes discouraged such reporting and tolerated domestic abuse. Social pressure and fear of reprisal typically caused such abuse to go unreported.

The Ministry of Police has a nine person Domestic Violence Unit that works in collaboration with nongovernmental organizations (NGOs) and focuses on combatting domestic abuse.

Sexual Harassment: No law specifically prohibits sexual harassment, and there were no reliable statistics on its incidence. The lack of legislation and a cultural constraint against publicly shaming or accusing someone, even if justifiable, reportedly caused sexual harassment to be underreported. Victims had little incentive to report instances of sexual harassment, since doing so could jeopardize their career or family name.

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

Discrimination: Women and men have equal rights under the constitution and statutory law, and the traditionally subordinate role of women continued to change, albeit slowly. To integrate women into the economic mainstream, the government sponsored numerous programs, including literacy and training programs.

Children

Birth Registration: A child is a citizen by birth in the country if at least one parent is a citizen. The government also may grant citizenship by birth to a child born in the country if the child would otherwise be stateless. Citizenship also derives by birth abroad to a citizen parent who either was born in the country or resided there at least three years. By law children without a birth certificate may not attend primary schools, but authorities did not strictly enforce this law.

Child Abuse: Law and tradition prohibit abuse of children, but both tolerate corporal punishment. The law prohibits corporal punishment in schools; a teacher convicted of corporal punishment of a student may face a maximum one year prison term.

The government aggressively prosecuted reported cases of child abuse.

Press reports indicated an increase in child abuse reports, especially of incest and indecent assault cases; the rise appeared to be due to citizens’ increased awareness of the importance of reporting physical, emotional, and sexual abuse of children.

Early and Forced Marriage: The legal minimum age for marriage is age 21 for a man and age 19 for a woman. Consent of at least one parent or guardian is necessary if either party is younger than the minimum. Marriage is illegal if a woman is younger than age 16 or a man is younger than age 18. Early marriage did not generally occur.

Sexual Exploitation of Children: The minimum age for consensual sex is 16 years. Under the law the maximum penalty for sexual relations with children younger than age 12 is life imprisonment and for children between ages 12 and 15 the maximum penalty is 10 years’ imprisonment. The law contains a specific criminal provision regarding child pornography. The law specifies a seven-year prison sentence for a person found guilty of publishing, distributing, or exhibiting indecent material featuring a child. Because 16 is the age of majority, the law does not protect 16- and 17-year-old persons.

Although comprehensive date on the sexual abuse of children was not available, the sexual abuse of children remained a widespread problem. In the National Public Inquiry into Family Violence, nearly 10 percent of female respondents reported they were raped as children by a family member.

The Ministry of Justice and Courts Administration and the Ministry of Education, in collaboration with NGOs, carried out educational activities to address domestic violence, inappropriate behavior between adults and children, and human rights awareness.

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

Anti-Semitism

The country had no Jewish community, and there were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

While no law prohibits discrimination against physical, sensory, intellectual, and mental disabilities in the provision of public services, the law does prohibit disability-based discrimination in employment.

Many public buildings were old, and only a few were accessible to persons with disabilities. Most new buildings provided better access, including ramps and elevators in most multistory buildings.

Tradition dictates that families care for persons with disabilities, and the community observed this custom widely.

Some children with disabilities attended regular public schools, while others attended one of three schools created specifically to educate students with disabilities.

National/Racial/Ethnic Minorities

There were no new reports of bans on setting up Chinese-owned retail shops on customary land within villages during the year; four villages banned Chinese-owned shops in 2017. These actions followed the rapid spread of ethnic Chinese-owned retail shops throughout Apia and into rural villages. The bans apply only on village-owned land (approximately 80 percent of land in the country), not to government or freehold land.

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

“Sodomy” and “indecency between males” are illegal, with maximum penalties of seven and five years’ imprisonment, respectively, but authorities did not enforce these provisions with regard to consensual same-sex sexual conduct between adults.

Although there were no reports of societal violence based on sexual orientation or gender identity, there were isolated cases of discrimination. Society publicly recognized the transgender Fa’afafine community; however, members of the community reported instances of social discrimination.

Section 7. Worker Rights

The law protects the rights of workers to form and join independent unions, to conduct legal strikes, and to bargain collectively. There are certain restrictions on the right to strike for government workers, imposed principally for reasons of public safety. The law states that a public sector employee who engages in a strike or any other industrial action is considered “dismissed from…employment.” The law prohibits antiunion discrimination, such as contract conditions that restrict free association. The law addresses a range of fundamental rights and includes the establishment of a national tripartite forum that serves as the governing body for labor and employment matters in the country.

The government effectively enforced laws on unionization, and the government generally respected the freedom of association. Penalties were sufficient to deter violations. The Public Service Association functioned as a union for all government workers, who constituted approximately 25 percent of the estimated 25,000 workers in the formal economy. Unions generally conducted their activities free from government interference.

Workers exercised the right to organize and bargain collectively. The Public Service Association engaged in collective bargaining on behalf of government workers, including on wages. Arbitration and mediation procedures were in place to resolve labor disputes, although such disputes rarely arose.

There were no reports of strikes.

The law prohibits forced or compulsory labor, and the government generally enforced such laws. There is an exception in the constitution for service required by local custom. A key feature of the matai system is that non-matai men perform work in their village in service to their families, church, or the village as a whole. Most persons did so willingly, but the matai may compel those who do not wish to work.

The law states that forced labor is punishable by imprisonment. Aside from the cultural exception noted above and street vending by children, forced labor was not considered a problem. The Ministry of Commerce, Industry, and Labor received no complaints and found no violations of forced labor during inspections conducted during the year. Penalties were reportedly sufficient to deter violations.

The law prohibits employing children younger than age 15 except in “safe and light work.” The law, however, does not comprehensively specify the types of hazardous work prohibited for children and does not specify what is considered “safe and light work.” The law does not apply to service rendered to family members or the matai, some of whom required children to work for the village, primarily on family farms. The law prohibits any student from engaging in light or heavy industrial activity during school hours of 8 a.m. to 2 p.m. The law restricts vending by school-aged children (younger than age 14) if it interferes with their school attendance, participation in school activities, or educational development. This law is effectively enforced in the formal economy, but only minimally enforced in the informal economy in areas such as child street vending, which takes place at all hours of the day and night.

There were no reliable statistics available on the extent of child labor, but it occurred largely in the informal sector. Children frequently sold goods and food on street corners. The government has not definitively determined whether this practice violates the country’s labor laws, which cover only persons who have a place of employment, and local officials generally tolerated it. The problem of child street vending attracted significant media coverage and public outcry.

The extent to which children had to work on village farms varied by village, although anecdotal accounts indicated the practice was common. Younger children primarily did yard work and light work such as gathering fruit, nuts, and plants. Some boys began working on plantations as teenagers, helping to gather crops such as coconuts and caring for animals. Some children reportedly had domestic service employment.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination, direct or indirect, against an employee or an applicant for employment in any employment policies, procedures, or practices based on ethnicity, race, color, sex, gender, religion, political opinion, national extraction, sexual orientation, social origin, marital status, pregnancy, family responsibilities, real or perceived HIV status, and disability.

The government effectively enforced the law, and penalties were sufficient to deter violations. The labor ministry received one complaint regarding unfair hiring practices during the year. The hiring and recruiting process for the private sector is outside of the scope of the Labor and Employment Relations Act. No cases drew public attention.

There were separate minimum wage scales for the private and public sectors. Both minimum wages were below the official estimate of the poverty income level for a household. The government effectively enforced wage laws, and penalties were sufficient to deter violations. Approximately 75 percent of the working population worked in the subsistence economy and had no formal employment.

The law covers private and public sector workers differently. For the private sector, the law specifies overtime pay at time and a half, with double time for work on Sunday and public holidays. For the public sector, there is no paid overtime, but authorities give compensatory time off for overtime work.

The law establishes certain rudimentary safety and health standards for workplaces, which the labor ministry is responsible for enforcing. The law also covers non-workers who are lawfully on the premises or within the workplace during work hours. The law contains provisions for the identification and assessment of, and risk control for, workplace hazards and hazardous substances, but it does not contain a list of hazardous occupations or work.

Safety laws do not generally apply to agricultural service rendered to the matai or work in a family enterprise. Government employees have coverage under different and more stringent regulations, which the Public Service Commission enforced adequately.

Independent observers reported that the labor ministry did not strictly enforce safety laws, except when accidents highlighted noncompliance. It investigated work accidents when it received reports. The number of inspectors was generally sufficient to deter violations.

Many agricultural workers had inadequate protection from pesticides and other dangers to health. Government education and awareness programs sought to address these concerns by providing appropriate training and equipment to some agricultural workers.

The labor ministry investigates any potential labor law violations in response to complaints. The police and education ministries may assist if needed; the Public Service Commission handles all government labor matters.

The commissioner of labor investigates reported cases of hazardous workplaces. Workers are legally able to remove themselves from situations that endanger health or safety without jeopardy to their employment. The labor ministry received reports of 15 work related accidents during the year, five of which led to a death.

San Marino

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

Women

Rape and Domestic Violence: Rape, including spousal rape, is a criminal offense, and the government effectively prosecuted persons accused of such crimes. The penalty for rape is two to six years in prison. In aggravated circumstances, the sentence is four to 10 years. No cases of rape or domestic violence were reported in the first 10 months of the year.

The law prohibits domestic violence, and the government effectively enforced it. Domestic violence is a criminal offense; the penalty for spousal abuse is two to six years in prison. In aggravated circumstances, the prison term is four to eight years.

Sexual Harassment: The government effectively enforced the law prohibiting sexual harassment.

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

Discrimination: The law provides for the same legal status and rights for women as for men. The law regarding domestic violence and domestic abuse also prohibits gender-based discrimination. In May the parliament passed a law regarding the functioning of the Authority for Equal Opportunities.

Children

Birth Registration: Citizenship derives from one’s parent (either mother or father) or, if both parents are unknown or stateless, by birth in the country’s territory. Births must be registered within 10 days.

Child Abuse: The law prohibits child pornography, including performances, works, and material, and provides for punishment of anyone trading in, providing, or in any way distributing child pornography. The law includes punishment for providing information aimed at enticing or sexually exploiting children younger than age 18, the minimum age of consent for sex. The penalty for this type of crime is imprisonment for two to six years, increased to four to 10 years if it involves sexual intercourse or if it has been committed to the detriment of a child younger than age 14 or a child younger than 18 who has physical or mental disabilities.

Early and Forced Marriage: The legal minimum age of marriage is 18, but a judge can authorize the marriage of minors at age 16 in special cases.

Sexual Exploitation of Children: The law prohibits child pornography, including performances, works, and material, and provides for punishment of anyone trading in, providing, or in any way distributing child pornography. The law includes punishment for providing information aimed at enticing or sexually exploiting children younger than age 18, the minimum age of consent for sex.

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 https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

The Jewish population is small. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced these prohibitions effectively, but not all public buildings were accessible to persons with physical disabilities. Following numerous requests by the San Marino Commission on Disabilities to implement laws passed in 2015 to protect the rights of persons with disabilities, in February the parliament passed a law providing support for the disabled and their families. There were no reported cases of discrimination against a person with disabilities.

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

While the law forbids discrimination based on sex or personal, economic, social, political, or religious status, it does not extend specific antidiscrimination protections to lesbian, gay, bisexual, transgender, and intersex individuals on the basis of sexual orientation or gender identity.

The law provides that, when a person commits an offense motivated by hostility toward the victim’s sexual orientation, courts should consider such motivation as an aggravating circumstance when imposing sentence. The law prohibits persons from committing or encouraging others to commit discriminatory acts on the grounds of sexual orientation.

Section 7. Worker Rights

The law provides for workers to form and join independent unions, bargain collectively, conduct legal strikes, and it prohibits antiunion discrimination. Striking by workers employed in “essential public services”, including healthcare, education, and transports are subject to some limitations defined by the law. The government enforced applicable laws without lengthy delays and appeals. Information regarding the adequacy of resources, inspections, remediation efforts, judicial and administrative procedures, and penalties for violations was not available.

The government and employers generally respected freedom of association and the right to collective bargaining. Worker organizations were independent of the government and political parties. During the first 10 months of the year, there were no reports that the government interfered in union activities, sought to dissolve unions, or used excessive force to end strikes or protests. There were no reports of antiunion discrimination in the first nine months of the year.

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced such laws. Resources, remediation efforts, and investigations appeared adequate, although information on penalties for violations and their effectiveness was not available.

According to the Office of the Labor Inspector, there were no reports of forced labor.

The minimum age for employment is 16 and the law excludes minors between the ages of 16 and 18 from the heaviest type of work. Minors are not allowed to work overtime and cannot work more than eight hours per day. The government effectively enforced child labor laws and devoted adequate resources and oversight to child labor policies. During the first 10 months of the year, the Office of the Labor Inspector did not report any cases of child labor.

The government effectively enforced laws and policies to protect children from exploitation in the workplace. Penalties were sufficient to deter violations.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation on the basis of race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, or HIV-positive status or other communicable diseases. The government effectively enforced these laws and regulations and penalties were sufficient to deter violations. There were no official cases of discrimination in employment or occupation brought during the first 10 months of the year.

There is no national minimum wage. Industry-based minimum wages existed for various industrial sectors. The minimum wage for the lowest category worker in the services sector was 9.84 euros ($11.32) per hour. While there was no official estimate of the poverty income level, individuals with annual incomes below 8,500 euros ($9,780) could apply for a state subsidy, which varied depending on the level of poverty. On average, less than 2 percent of the adult population applied for this contribution annually. Low-income individuals could also apply for welfare payments.

The law prohibits excessive or compulsory overtime. The government set appropriate safety and health standards for the main industries. The penalties for failing to comply with the safety and health regulations provided by law range from a fine to imprisonment for a second-degree crime and were generally sufficient to deter violations.

The government generally enforced labor standards effectively. There were a few exceptions, especially in the construction industry, where some employers did not consistently abide by safety regulations, such as work-hour limitations and use of personal safety devices. Authorities did not enforce health and safety standards in the informal sector. There were no reports of serious injuries to workers in the first nine months of the year. The Office of the Labor Inspector has responsibility for receiving and investigating claims of workplace health and safety violations. The Agency for Environment and the Agency for Civil Protection are mandated to supervise the implementation of legislation on safety and health in the workplace as well as to investigate major accidents.

Sao Tome and Principe

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

Women

Rape and Domestic Violence: Rape, including spousal rape, is illegal and conviction is punishable by two to 12 years’ imprisonment. The prosecution of rape occurred most often in cases in which there was evidence of violent assault or the victim was a minor. Government prosecutors won convictions, and judges imposed sentences of up to 25 years’ imprisonment for rape if the victim died, but the full extent of the problem was undocumented. A government family planning clinic and NGOs sought to combat rape by raising awareness of the problem. According to the National Institute for Equality and Gender Equality, there were cases of rape committed by youth using drugs and assaults in the early hours of the morning. The extent of the problem, however, was undocumented.

There were widespread reports of domestic violence. Although women have the right to legal recourse in cases of domestic violence, including against spouses, many were reluctant to take legal action because of the cost, a general lack of confidence in the legal system to address their concerns effectively, and fear of retaliation. Women often were uninformed of their legal rights. The law prescribes penalties ranging from imprisonment for three to eight years in cases of domestic violence resulting in harm to the health of the victim to incarceration for eight to 16 years when such violence leads to loss of life. There was no data on the number of prosecutions or convictions for domestic violence.

The Office of Women’s Affairs under the Prime Minister’s Office and UNICEF maintained a counseling center and small shelter with a hotline for domestic violence. The Gender Equality Institute within the Office of Women’s Affairs also conducted awareness workshops and seminars during the year to educate women on their rights. It also trained police and other actors, such as medical professionals, court officials, and lawyers, on how to recognize and respond to cases of domestic abuse.

Sexual Harassment: The law prohibits sexual harassment. Sexual harassment occurred, but no data were available on its extent. In cases of sexual harassment that involved violence or threats, the law prescribes penalties for conviction of one to eight years’ imprisonment. The maximum penalty for conviction in other cases of sexual harassment is three years’ imprisonment. The government sometimes enforced the law during the year.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. For additional information, see Appendix C.

Discrimination: The constitution stipulates and the law provides for the same legal status and rights for women as for men, but they do not specifically recognize these rights as they pertain to the family, child custody, labor, employment, owning or managing businesses or property, nationality, or inheritance. Economic discrimination did not generally occur in the areas of credit or housing.

While many women had access to opportunities in education, business, and government, women–particularly older women and those living in rural areas–generally encountered significant societal discrimination. Traditional beliefs left women with most child-rearing responsibilities. Younger women increasingly had access to educational and professional opportunities compared with the older generation, although a high teenage pregnancy rate reduced economic opportunities for many. Government regulations prohibiting pregnant teenagers from attending high school with their peers increased the likelihood that teenage mothers would not finish secondary education.

Children

Birth Registration: Children acquire citizenship either through parents or by being born within the country. Either parent, if a citizen, may confer citizenship on a child born outside the country. By law children born in the country’s hospitals have their births registered at those hospitals. If not born in a hospital, the child must be registered at the nearest precinct office. Parents who fail to register a birth may be fined. According to UNICEF, since 2010 approximately 94 percent of children younger than age five have had their births registered. For additional information, see Appendix C.

Child Abuse: Mistreatment of children was not widespread; however, there were few protections for orphans and abandoned children.

Early and Forced Marriage: The legal minimum age of marriage without parental consent is 18. With parental consent, girls could marry at age 14 and boys at age 16. For additional information, see Appendix C.

Sexual Exploitation of Children: There were reports of children engaged in prostitution. The law prohibits statutory rape and child pornography. The government also uses proscription of kidnapping or unlawful forced labor to enforce the law against sexual exploitation of children. The penalty for conviction of commercial sexual exploitation of minors younger than age 14 is two to 10 years’ imprisonment, and the penalty for conviction of commercial sexual exploitation of minors between ages 14 and 17 is up to three years’ imprisonment. The minimum age of consensual sex is 18, although societal norms only consider sex under age 14 to raise concerns of consent.

Displaced Children: The Ministry of Labor and Social Affairs operated a social services program that placed street children in three centers where they attended classes and received vocational training.

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

Anti-Semitism

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

Trafficking in Persons

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

Persons with Disabilities

The law generally prohibits discrimination against persons with disabilities. The law, however, does not mandate access to most buildings, transportation, or other services for persons with disabilities. A law passed in 2014 mandates access to school buildings for persons with disabilities, and a few schools were undertaking building upgrades to provide access. During the year UNICEF, a foreign embassy, and the government built two classrooms for students with auditory and visual disabilities. Most children with disabilities attended the same schools as children without disabilities.

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

The law does not criminalize consensual same-sex sexual activity. Antidiscrimination laws do not explicitly extend protections to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons based on their sexual orientation, gender identity, or sex characteristics. There were occasional reports of societal discrimination, primarily rejection by family and friends, based on an individual’s LGBTI status. While there were no official impediments, LGBTI organizations did not exist.

HIV and AIDS Social Stigma

Communities and families often rejected and shunned persons with HIV/AIDS. NGOs held awareness-raising campaigns and interventions with employers to address discrimination against employees with HIV/AIDS.

Section 7. Worker Rights

The law provides for the right of workers to form and join independent unions, conduct legal strikes, and bargain collectively. While the law recognizes the right to collective bargaining, there are no regulations governing this right. The law does not prohibit antiunion discrimination or acts of interference committed by employers against trade unions. While the law provides for the right to strike, including by government employees and other essential workers, this right is strictly regulated. The provisions regulating strikes require a majority of workers to call a strike, and replacement workers may be hired without consultation with trade unions to perform essential services in the event the enterprise is threatened by a strike. The law does not provide a list of specific minimum or essential services. In the event of disagreement in determining what constitutes a “minimum service,” the employer and the workers’ union arrive at a decision on a case-by-case basis through negotiation (instead of through an independent body). The law also requires compulsory arbitration for services, including postal, banking, and loan services. The law does not prohibit retaliation against strikers.

The government effectively enforced the law. Both the government and employers generally respected freedom of association and the right to collective bargaining. Worker organizations were restricted in some sectors but generally were independent of government and political parties. The penalties were sufficient to deter violations.

Workers’ collective bargaining rights remained relatively weak due to the government’s role as the principal employer in the formal wage sector and key interlocutor for organized labor on all matters, including wages. The two labor unions–the General Union of Workers of Sao Tome and Principe and the National Organization of Workers of Sao Tome and Principe–negotiated with the government on behalf of their members as needed. There were no reported attempts by unions or workers to negotiate collective agreements during the year.

The law prohibits all forms of forced or compulsory labor, including by children. The government did not have sufficient capacity to undertake all inspections and enforcement operations. There were no reports of forced or compulsory labor, or evidence that such practices occurred.

The law protects children from exploitation in the formal sector. The minimum employment age is 18 for full-time work. The law sets the minimum age for nonhazardous work at 14, but the types of hazardous work prohibited for children are not comprehensive, inhibiting effective enforcement. The law allows minors between ages 14 and 17 to work up to 35 hours per week, provided employers permit them to attend school.

The Ministry of Labor and Social Affairs and the Ministry of Justice and Human Rights are responsible for enforcing child labor laws, but the government had limited enforcement capacity. Penalties for violations of child labor law include fines and the loss of operating licenses, and these penalties were sufficient to deter violations.

The government conducted a media campaign aimed at preventing child labor. The Ministry of Education mandates compulsory school attendance through the sixth grade, and the government granted some assistance to several thousand low-income families to keep their children in school.

Employers in the formal wage sector generally respected the legally mandated minimum employment age. Exceptions include apprentice-type work such as car repair and carpentry; some employers abused this status. Children worked in informal commerce, including street work. Children also commonly performed agricultural and domestic activities such as washing clothes or childcare to help their parents, which is not prohibited under the law.

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 in employment and occupation based on race, sex, and religious belief. Additionally, the constitution prohibits all forms of discrimination based on political affiliation, social origin, and philosophical conviction. The law, however, does not prohibit discrimination in employment and occupation based on color, age, disability, language, sexual orientation, gender identity, and HIV-positive status or having other communicable diseases. There were anecdotal instances of discrimination against HIV-positive employees, and advocacy groups conducted awareness campaigns to address discrimination.

There were no reports of gender-based discrimination in employment and occupation (see section 6, Women). The law allows women to request permission to retire at age 57 or older and men at age 62 but does not oblige them to do so. During the year there were no reports the government subjected women to discriminatory early termination from employment.

The law does not distinguish between migrant workers and citizens in terms of protections, wages, and working conditions.

In January 2017 the government established a national minimum wage of 1,300 dobras ($65) per month. The legal minimum wage for civil servants was also 1,300 dobras ($65) per month. The legal workweek is 40 hours, with 48 consecutive hours per week mandated for rest. According to law workers earn 22 days of annual leave per year. Shopkeepers who wish to keep their stores open longer may ask for an exception, which if granted requires them to pay their workers overtime or have them work in shifts. The law provides for compensation for overtime work and prescribes basic occupational safety and health (OSH) standards. The law specifies occupations in which civil servants may work second jobs.

Working two or more jobs was common. Working conditions on many of the largely family-owned cocoa farms–the largest informal economic sector–were unregulated and harsh, with long hours for workers and limited protection from the sun.

The Ministry of Justice and Human Rights and the Ministry of Labor and Social Affairs are responsible for enforcement of appropriate OSH standards. The Ministry of Labor and Social Affairs’ labor inspectors were insufficient in number to address its normal caseload. They did not monitor labor conditions sufficiently, and enforcement of the standards seldom occurred. Department of Labor inspectors lacked the necessary financial and human resources, as well as basic equipment, to conduct regular inspections. Reliable data on workplace fatalities or accidents was not available. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities had limited inspection capacity to ensure this right was respected. Since the government is the largest employer, it sets the standards on hours of work and effectively enforced OSH standards in the public sector. Approximately one-third of the labor force worked in the informal sector, where laws were not strictly enforced due to limited resources.

Working conditions in the agricultural sector were sometimes hazardous because the sector lacked investment and all work was manual. Salaries were low, although workers also received payment in kind. Most farms were family-owned, consisting of small parcels distributed by the government. Less hazardous working conditions existed for those who worked in domestic households.

Saudi Arabia

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

Women

Rape and Domestic Violence: Rape is a criminal offense under sharia with a wide range of penalties from flogging to execution. The law does not recognize spousal rape as a crime. The government enforced the law based on its interpretation of sharia, and courts often punished victims as well as perpetrators for illegal “mixing of genders,” even when there was no conviction for rape. Victims also had to prove that the rape was committed, and a woman’s testimony in court was not always accepted.

Due to these legal and social obstacles, authorities brought few cases to trial. Statistics on incidents of, and prosecutions, convictions, or punishments for rape were not available, but press reports and observers indicated rape was a serious problem. Moreover, most rape cases were likely unreported because victims faced societal and familial reprisal, including diminished marriage opportunities, criminal sanction up to imprisonment, or accusations of adultery or sexual relations outside of marriage, which are punishable under sharia.

The law against domestic violence provides a framework for the government to prevent and protect victims of violence in the home. The law defines domestic abuse broadly and criminalizes domestic abuse with penalties of one month to one year of imprisonment or a fine of 5,000 to 50,000 riyals ($1,330 to $13,300), unless a court provides a harsher sentence.

Researchers stated it was difficult to gauge the magnitude of the problem, which they believed to be widespread. The National Family Safety Program (NFSP), a quasi-governmental organization under the Ministry of National Guard, was founded in 2005 to spread awareness of and combat domestic violence, including child abuse, and continued to report abuse cases.

Officials stated the government did not clearly define domestic violence and procedures concerning cases, including thresholds for investigation or prosecution, and thus enforcement varied from one government body to another. Some women’s rights advocates were critical of investigations of domestic violence, claiming investigators were hesitant to enter a home without permission from the male head of household, who may also be the perpetrator of violence. Some activists also claimed that authorities often did not investigate or prosecute cases involving domestic violence, instead encouraging victims and perpetrators to reconcile in order to keep families intact regardless of reported abuse. There were reports of police or judges returning women directly to their abusers, most of whom were the women’s legal guardians.

On March 8, a woman from Sabya Governorate in the southwestern Jazan Province appeared in a video pleading for help after her older brother and his family allegedly beat her and threw her out of a house she shared with them, along with her ill mother and her two children. She explained that when she went to report the abuse to police, they asked her to bring her male guardian. When the video went viral on social media, the Ministry of Labor and Social Development announced its Social Protection Unit in Jazan intervened and was studying her case. At year’s end there were no known updates to this case.

The government made efforts to combat domestic violence. During the year the King Abdulaziz Center for National Dialogue held workshops and distributed educational materials on peaceful conflict resolution between spouses and within families. The Ministry of Labor and Social Development administered government-supported family-protection shelters. The HRC received complaints of domestic abuse and referred them to other government offices. The HRC advised complainants and offered legal assistance to some female litigants. The organization provided services for children of female complainants and litigants and distributed publications supporting women’s rights in education, health care, development, and the workplace.

Saudi women reported that domestic abuse in the form of incest was common but seldom reported to authorities due to fears over societal repercussions, according to local contacts.

Female Genital Mutilation/Cutting (FGM/C): FGM/C was not a common practice in the country, as the official government interpretation of sharia prohibits the practice.

Sexual Harassment: The extent of sexual harassment was difficult to measure, with little media reporting and no government data. The government’s interpretation of sharia guides courts on cases of sexual harassment. On May 29, the Council of Ministers passed the antisexual harassment law, which carries a maximum penalty of up to five years in prison and a fine of up to 300,000 riyals ($80,000). No statistics were available on the incidence of sexual harassment due to past reluctance to report violations. On August 8, the public prosecutor stated that the number of reported harassment cases was low and claimed the law was effective in limiting this crime. Employers in many sectors maintained separate male and female workspaces where feasible, in accordance with law.

On July 14, authorities arrested a young woman who jumped on stage to hug a male singer during a concert in the western city of Taif. Prosecutors announced that the woman would face charges pursuant to the antisexual harassment law, under which she could face two years in prison and a fine of up to 100,000 riyals ($26,700) if convicted.

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

Discrimination: Women continued to face significant discrimination under law and custom, and many remained uninformed about their rights.

The law does not provide for the same legal status and rights for women as for men, and since there is no codified personal status law, judges made decisions regarding family matters based on their interpretations of Islamic law. Although they may legally own property and are entitled to financial support from their guardian, women have fewer political or social rights than men, and they often are not treated as equal members in the political and social spheres. The guardianship system requires that every woman have a close male relative as her “guardian” with the legal authority to approve her travel outside of the country. In September a personal status court in Jeddah ordered a father to obtain a passport for his 24-year-old daughter so that she could resume her studies abroad. Women also require a guardian’s permission to exit prisons after completing their terms.

Women, however, can make their own determinations concerning hospital care. Women can work without their guardian’s permission, but some employers required women to have such permission, even though the law prohibits the practice. On February 15, the Ministry of Commerce and Investment announced women no longer need their male guardian’s permission to start a business.

On June 24, the government lifted its ban on women driving. The New York Times reported long delays in placement of female students in driving schools due to a limited number of teaching facilities and female staff for gender-segregated programs, and long delays obtaining driver’s licenses. On July 4, two men were arrested in Mecca for setting fire to a female motorist’s car. The motorist, Salma Al-Sherif, subsequently posted a widely circulated video on social media documenting the incident, claiming that her car was deliberately set alight by men “opposed to women drivers,” and that she had been repeatedly threatened and harassed by young men from her village of Samad in Mecca Province. On October 28, the Mecca Criminal Court acquitted the two defendants for lack of sufficient evidence. Al-Sherif appealed the verdict. On December 17, arsonists reportedly set fire to another car of a Jeddah woman, Nurhan Bassam, who was reportedly burned by arsonists.

Nationality law discriminates against women, who cannot directly transmit citizenship to their children, particularly if the children’s father is a noncitizen (see section 2.d. and section 6, Children). The country’s interpretation of sharia prohibits women from marrying non-Muslims, but men may marry Christians and Jews. Women require government permission to marry noncitizens; men must obtain government permission if they intend to marry citizens from countries other than Gulf Cooperation Council member states (Saudi Arabia, Bahrain, Kuwait, Oman, Qatar, and the United Arab Emirates). Regulations prohibit men from marrying women from Pakistan, Bangladesh, Chad, and Burma. The government additionally requires Saudi men wishing to marry a second wife who is a foreigner to submit documentation attesting to the fact that his first wife was disabled, had a chronic disease, or was sterile.

Widespread societal exclusion enforced by, but not limited to, state institutions restricted women from using many public facilities. The law requires women to sit generally in separate, specially designated family sections in public places. They frequently cannot consume food in restaurants that do not have such sections. Women risk arrest for riding in a private vehicle driven by a male who is not an employee (such as a hired chauffeur or taxi driver) or a close male relative. Cultural norms enforced by state institutions require women to wear an abaya (a loose-fitting, full-length cloak) in public. The CPVPV also generally expected Muslim women to cover their hair and non-Muslim women from Asian and African countries to comply more fully with local customs of dress than non-Muslim Western women.

In June a female television presenter, Shireen al-Rifaie, fled the country after authorities launched an investigation into claims that she wore an outfit deemed “indecent” by the Saudi General Commission for Audiovisual Media. Al-Rifaie was reporting on the end of the ban on women driving when her white abaya was blown open by the wind, revealing her clothes underneath.

Women also faced discrimination in courts, where in some cases the testimony of one man equals that of two women. All judges are male, and women faced restrictions on their practice of law (see section 3, Participation of Women and Minorities). In divorce proceedings women must demonstrate legally specified grounds for divorce, but men may divorce without giving cause, citing “irreconcilable differences.” In doing so, men must pay immediately an amount of money agreed at the time of the marriage that serves as a one-time alimony payment. Men may be forced, however, to make subsequent alimony payments by court order. The government began implementing an identification system based on fingerprints designed to provide women, such as those wearing a niqab, more access to courts.

Women faced discrimination under family law. For example, a woman needs a guardian’s permission to marry or must seek a court order in the case of adhl (male guardians refusing to approve the marriage of women under their charge). In such adhl cases, the judge assumes the role of the guardian and may approve the marriage. During the year courts adjudicated as many as 72 adhl cases and executed marriage contracts for women whose male custodians refused to approve their marriage, according to informed judicial sources quoted by local media.

Courts often award custody of children when they attain a specified age (seven years for boys and nine years for girls) to the divorced husband or the deceased husband’s family. In numerous cases former husbands prevented divorced noncitizen women from visiting their children. In March Justice Minister Sheikh Walid Al-Samaani directed all courts to drop the requirement for divorced women to file a lawsuit in order to gain custody of their children. Provided there were no disputes between the parents, mothers may now simply submit a request to the relevant court, without the need for legal action.

Inheritance laws also discriminate against women, since daughters receive half the inheritance awarded to their brothers.

According to recent surveys, women constituted 52 percent of public education and higher education students. Segregated education through university level was standard. The only exceptions to segregation in higher education were medical schools at the undergraduate level and the King Abdullah University of Science and Technology, a graduate-level research university, where women worked jointly with men, were not required to wear an abaya, and drove cars on campus. Other universities, such as al-Faisal University in Riyadh, offered partially segregated classes with students receiving instruction from the same teacher and able to participate together in class discussion, but with the women and men physically separated by dividers.

On March 12, the UN Committee on the Elimination of Discrimination against Women urged the country to end discriminatory practices against women, including its system of male guardianship, and give women full access to justice.

Children

Birth Registration: Citizenship derives from the father, and only the father may register a birth. There were cases of authorities denying public services to children of citizen parents, including education and health care, because the government failed to register the birth entirely or had not registered it immediately, sometimes because the father failed to report the birth or did not receive authorization to marry a foreigner. Children of women who were married to foreign spouses receive permanent residency, but their residency status is revocable in the event of the death of the Saudi mother (see section 2.d., Stateless Persons).

Child Abuse: Abuse of children occurred. In 2016 the NFSP started a Child Helpline dedicated to assisting children in matters ranging from bullying to abuse. The helpline provided counseling, tracking, and referrals to social services. In January NFSP official Maha al-Muneef reported that the child helpline received 270,000 calls annually, including 2,990 cases of abuse and neglect, 2,589 cases related to family violence, and 1,050 cases of school violence. The Ministry of Labor and Social Development had 17 Social Protection Units across the country providing social protection to children younger than 18 and vulnerable populations suffering domestic violence and abuse.

On July 17, authorities arrested a Saudi-based Yemeni mother who beat and tortured her six-month-old twin girls on camera for money. Video footage of the two babies being slapped and strangled went viral and sparked outrage.

Early and Forced Marriage: The law does not specify a minimum age for marriage, although Ministry of Justice guidelines referred marriage applications to sharia courts to determine the validity of a marriage when the bride was younger than 16. Families sometimes arranged such marriages to settle family debts without the consent of the child. The HRC and NSHR monitored cases of child marriages, which they reported were rare or at least rarely reported, and took steps to prevent consummation of the marriage. Media reports quoted judges as saying the majority of child marriage cases in the country involved Syrian girls, followed by smaller numbers of Egyptians and Yemenis. There were media reports that some men who traveled abroad to find brides sought to marry minors. The application for a marriage license must record the bride’s age, and registration of the marriage is a legal prerequisite for consummation. The government reportedly instructed marriage registrars not to register marriages involving children.

Sexual Exploitation of Children: The anti-cybercrimes law stipulates that punishment for such crimes, including the preparation, publication, and promotion of material for pornographic sites, may be no less than two and one-half years’ imprisonment or a fine of 1.5 million riyals ($400,000) if the crime includes the exploitation of minors. The law does not define a minimum age for consensual sex.

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

Anti-Semitism

There was no known data on Jewish citizens and no statistics available concerning the religious denominations of foreigners.

Cases of government-employed imams using anti-Jewish language in their sermons were rare and occurred without authorization by government authorities. The law requires government-employed imams to give all sermons delivered in mosques in the country. They must deliver sermons vetted and cleared by the Ministry of Islamic Affairs. During the year the ministry issued periodic circulars to clerics and imams in mosques directing them to include messages on the principles of justice, equality, and tolerance and to encourage rejection of bigotry and all forms of racial discrimination in their sermons.

Anti-Semitic material remained in school textbooks and online in private web postings, and some journalists, academics, and clerics made anti-Israel comments that sometimes strayed into anti-Semitism.

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 does not prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, air travel and other transportation, access to health care, the judicial system, or the provision of other state services or other areas. The law does not require public accessibility to buildings, information, and communications. Newer commercial buildings often included such access, as did some newer government buildings. Children with disabilities could attend government-supported schools.

Persons with disabilities could generally participate in civic affairs, and there were no legal restrictions preventing persons with disabilities from voting in municipal council elections. The Ministry of Labor and Social Development was responsible for protecting the rights of persons with disabilities. Vocational rehabilitation projects and social care programs increasingly brought persons with disabilities into the mainstream. Persons with disabilities were elected and appointed to municipal councils in 2015, and two individuals with disabilities served on the consultative Shura Council, which was reconstituted in 2016.

On June 12, Deputy Minister of Labor and Social Development Tamadur al-Rammah stated the government was working on a national strategy for persons with disabilities, including 23 initiatives designed to serve them, adding that a special commission was established to oversee the affairs of persons with disabilities.

National/Racial/Ethnic Minorities

Although racial discrimination is illegal, societal discrimination against members of national, racial, and ethnic minorities was a problem. There was also discrimination based on tribal or nontribal lineage. Descendants of former slaves in the country, who have African lineage, faced discrimination in both employment and society. There was formal and informal discrimination, especially racial discrimination, against foreign workers from Africa and Asia. On February 5, the NSHR said it had noted several instances of racial discrimination on the basis of nationality at some service facilities where some customers were denied services based on their nationality. A tolerance campaign by the King Abdulaziz Center for National Dialogue sought to address some of these problems, and it provided training during the year to combat discrimination against national, racial, or ethnic groups.

The government’s multi-year Tatweer project to revise textbooks, curricula, and teaching methods to promote tolerance and remove content disparaging religions other than Islam began in 2007. In November the Anti-Defamation League issued a report asserting that Saudi textbooks still contained anti-Semitic language.

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

Under sharia as interpreted in the country, consensual same-sex sexual conduct is punishable by death or flogging, depending on the perceived seriousness of the case. It is illegal for men “to behave like women” or to wear women’s clothes, and vice versa. Due to social conventions and potential persecution, lesbian, gay, bisexual, transgender, and intersex (LGBTI) organizations did not operate openly, nor were there LGBTI rights advocacy events of any kind. There were reports of official and societal discrimination, physical violence, and harassment based on sexual orientation or gender identity in employment, housing, access to education, and health care. Stigma or intimidation acted to limit reports of incidents of abuse.

There were no government efforts to address discrimination. In 2016 newspapers quoted PPO officials as stating the bureau would seek death sentences for anyone using social media to solicit homosexual acts. There were no reports, however, that the PPO sought death sentences in LGBTI cases during the year (see section 1.a.).

On January 8, police reported they arrested and referred to prosecutors several young men who appeared in a video described as a “gay wedding scene.” No updates on the case were publicly available.

HIV and AIDS Social Stigma

There were no reports of societal violence or discrimination against persons with HIV/AIDS. By law the government deported foreign workers who tested positive for HIV/AIDS upon arrival or who tested positive when hospitalized for other reasons. There was no indication that HIV-positive foreigners failed to receive antiretroviral treatment or that authorities isolated them during the year. The Ministry of Health’s HIV/AIDS program worked to fight stigma and discrimination against persons with HIV/AIDS.

Other Societal Violence or Discrimination

Social, legal, economic, and political discrimination against the country’s Shia minority continued. HRW claimed that some state clerics and institutions “incited hatred and discrimination against religious minorities, including the country’s Shia Muslim minority.”

To address the problem, the Ministries of Defense and Interior and the National Guard included antidiscrimination training in courses run by the King Abdulaziz Center for National Dialogue for police and other law enforcement officers (see section 6, Other Societal Violence and Discrimination).

In August the public prosecutor ordered the arrest of a Saudi man who appeared in a video carrying machine guns and threatening to kill Shia citizens in the southern city of Najran.

Section 7. Worker Rights

The law does not provide for the right of workers to form and join independent unions. The law does not provide for the right to collective bargaining or the right to conduct legal strikes. The law does not prohibit antiunion discrimination or require reinstatement of workers fired for union activity.

The government did not respect freedom of association and the right to collective bargaining. There were no labor unions in the country, and workers faced potential dismissal, imprisonment, or, in the case of migrant workers, deportation for union activities.

The government allowed citizen-only labor committees in workplaces with more than 100 employees, but it placed undue limitations on freedom of association and was heavily involved in the formation and activities of these committees. For example, the ministry approves the committee members and authorizes ministry and employer representatives to attend committee meetings. Committee members must submit the minutes of meetings to management and then transmit them to the minister; the ministry can dissolve committees if they violate regulations or are deemed to threaten public security. Regulations limit committees to making recommendations to company management regarding only improvements to working conditions, health and safety, productivity, and training programs. In October 2017 the NSHR said it registered 289 labor-related complaints in 2016-17 that it sought to resolve through settlements.

On April 15, Riyadh Governor Prince Faisal bin Bandar Al Saud warned against illegal assemblies by workers to protest delayed salaries. He advised that foreign workers should seek recourse from the offices of provincial governors and legal processes, and he reiterated the importance of both employers’ and employees’ abiding by their contractual obligations.

The law prohibits forced or compulsory labor, but the government did not effectively enforce legal protections for migrant workers. Forced labor occurred, especially among migrant workers–notably domestic servants. Conditions indicative of forced labor experienced by foreign workers included withholding of passports, nonpayment of wages, restrictions on movement, and verbal, physical, and sexual abuse. Labor law prohibits the confiscation of passports and nonpayment of wages. Violations of labor laws resulted in fines of up to one million riyals ($267,000), prison terms up to 15 years, and restrictions on the entity’s ability to recruit foreign workers. Many noncitizen workers, particularly domestic employees not covered under the labor law, were unable to exercise their right to end their contractual work. An employer may require a trainee to work for him or her upon completion of training for a period not to exceed twice the duration of the training or one year, whichever is longer.

Restrictive sponsorship laws increased workers’ vulnerability to forced labor conditions and made many foreign workers reluctant to report abuse. The contract system does not allow workers to change employers or leave the country without the written consent of the employer under normal circumstances. If wages are withheld for 90 days, a ministerial decree permits an employee to transfer his or her sponsorship to a new employer without obtaining prior approval from the previous employer. There were reports, however, that the Ministry of Labor and Social Development did not always approve petitions to transfer sponsorship due to withheld wages, including some cases in which wages had been withheld for more than three months. During the year numerous migrant workers reported being laid off, sometimes after months of nonpayment of salaries. Some remained stranded in the country because they were unable to pay required exit visa fees. A few countries that previously allowed their citizens to migrate to the country for work prohibited their citizens from seeking work there after widespread reports of worker abuse.

The government continued implementation of the Wage Protection System (WPS), which requires employers to pay foreign workers through bank transfers, thereby allowing the ministry to track whether workers were paid appropriately. All employers with more than 10 employees were required to comply with WPS regulations as of August 2017. WPS covers 6.4 million employees. The Ministry of Labor and Social Development fined companies 3,000 riyals ($800) for delaying payment for employees’ salaries on the first occurrence and blocked companies from accessing government services if a company delayed salaries for two or more months.

Throughout the year the government strictly implemented measures to limit the number of noncitizen workers in the country. The government also penalized Hajj tourist agencies that engaged in human trafficking and local companies that abused the country’s visa laws to bring individuals into the country for reasons other than to employ them directly. A smaller number came as religious pilgrims and overstayed their visas. Because of their undocumented status, many persons in the country were susceptible to forced labor, substandard wages, and deportation by authorities.

On February 17, the public prosecutor warned that involvement in trafficking-in-persons crimes carries a fine of up to one million riyals ($267,000), a prison term up to 15 years, or both.

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

The law prohibits the worst forms of child labor. The law provides that no person younger than 15 may legally work unless that person is the sole source of support for the family. Children between the ages of 13 and 15 may work if the job is not harmful to health or growth and does not interfere with schooling. The law provides that hazardous operations or harmful industries may not employ legal minors, and children younger than 18 may not be employed for shifts exceeding six hours a day. There is no minimum age for workers employed in family-owned businesses or other areas considered extensions of the household, such as farming, herding, and domestic service.

The HRC and NSHR are responsible for monitoring enforcement of child labor laws. There was little information on government efforts to enforce relevant laws or actions to prevent or eliminate child labor during the year. Authorities most commonly enforced the law in response to complaints of children begging on the streets.

Most child labor involved children from other countries, including Yemen and Ethiopia, forced into begging rings, street vending, and work in family businesses.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations do not prohibit discrimination on the basis of race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, or HIV-positive status. Discrimination with respect to employment and occupation occurred with respect to all these categories.

The Ministry of Labor and Social Development explicitly approved and encouraged the employment of women in specific sectors, particularly in government, but women faced many discriminatory regulations. The first-quarter Labor Market Report by the General Authority for Statistics found that Saudi girls and women (15 years of age and above) constituted 8 percent of the country’s total labor force (Saudi and non-Saudi, 15 years of age and above). The same report estimated that women and girls, both Saudi and foreign, represented 21 percent of all employed persons (15 years of age and above) in the country. Most non-Saudi women were employed as domestic workers. Rules limited the type of work women were allowed to perform and required them to wear a veil. In practice gender segregation continued to take place in the workplace.

There is no regulation requiring equal pay for equal work. In the private sector, the average monthly wage of Saudi women workers was 58 percent of the average monthly wage of Saudi men. Labor dispute settlement bodies did not register any cases of discrimination against women.

Regulations ban women from 24 professions, mostly in heavy industry, but create guidelines for women to telework. Nevertheless, some factories and manufacturing facilities, particularly in Eastern Province, employed men and women, who worked separate shifts during different hours of the day. The law grants women the right to obtain business licenses without the approval of their guardians, and women frequently obtained licenses in fields that might require them to supervise foreign workers, interact with male clients, or deal with government officials. It is illegal for a potential employer to ask a female applicant for her guardian’s permission when she applies for a job. In medical settings and the energy industry, women and men worked together, and in some instances women supervised male employees. Women who work in establishments with 50 or more female employees have the right to maternity leave and child care.

Discrimination with respect to religious beliefs occurred in the workplace. Members of the Shia community complained of discrimination based on their religion and had difficulty securing or being promoted in government positions. Shia were significantly underrepresented in national security-related positions, including the Ministries of Defense and Interior and the National Guard. In predominantly Shia areas, Shia representation was higher in the ranks of traffic police, municipalities, and public schools. A very small number of Shia occupied high-level positions in government-owned companies and government agencies (see section 3, Participation of Women and Minorities). Shia were also underrepresented in employment in primary, secondary, and higher education.

Discrimination against Asian and African migrant workers occurred (see section 6, National/Racial/Ethnic Minorities). The King Abdulaziz Center for National Dialogue continued programs that sought to address some of these problems and provided training during the year to combat discrimination against national, racial, or ethnic groups. There were numerous cases of assault on foreign workers and reports of worker abuse.

Informal discrimination in employment and occupation occurred on the basis of sex, gender, race, religion, and sexual orientation or gender identity.

In November 2017 the Ministry of Interior’s General Directorate of Passports announced a national campaign to identify, arrest, fine, and deport individuals found in violation of the country’s residency laws under the title of “Nation Without Violators.” The campaign began with a 90-day grace period or general amnesty to allow irregular migrants to depart the country “without penalty,” after which authorities extended the grace period in coordination with international organizations. In September the Ministry of Interior stated more than 1.77 million foreign nationals were arrested between November 2017 and September 2018 for violating work, residence, and entry rules. Approximately 449,220 violators were deported during the cited period, according to the ministry. The Human Rights Committee reported that law enforcement agencies had been trained in screening vulnerable populations for human trafficking indicators and the campaign was being carried out in accordance with protections against trafficking in persons.

The monthly minimum wage for public-sector employees was 3,000 riyals ($800) which is above the estimated poverty income level. There was no private-sector minimum wage for foreign workers; as of November 2017, the government did not mandate a general minimum private-sector wage for citizens.

By law a standard workday is eight hours. A standard workweek is 48 hours but can extend to 60 hours, subject to payment of overtime, which is 50 percent more than the basic wage.

An estimated 10 million noncitizens, including approximately 947,000 noncitizen women, made up approximately 76 percent of the labor force, according to the General Authority for Statistics first-quarter Labor Market Report. Legal workers generally negotiated and agreed to work conditions prior to their arrival in the country, in accordance with the contract requirements contained in the labor law.

The law provides penalties of between 500 and 1,000 riyals ($133 and $267) for bringing foreigners into the country to work in any service, including domestic service, without following the required procedures and obtaining a permit.

The labor law provides for regular safety inspections and enables ministry-appointed inspectors to examine materials used or handled in industrial and other operations and to submit samples of suspected hazardous materials or substances to government laboratories. The Ministry of Health’s Occupational Health Service Directorate worked with the Ministry of Labor and Social Development on health and safety matters. Regulations require employers to protect some workers from job-related hazards and disease, although some violations occurred. These regulations did not cover farmers, herdsmen, domestic servants, or workers in family-operated businesses. Foreign nationals privately reported frequent failures to enforce health and safety standards. The ministry employed nearly 1,000 labor inspectors.

The law requires that a citizen or business must sponsor foreign workers in order for them to obtain legal work and residency status, although the requirement exempts Syrian and Yemeni nationals who overstayed their visas. On May 9, however, IOM said 17,000 Yemenis were turned back between January and May due to their immigration status. The ministry-implemented measures allowing noncitizen workers to switch their employer to a new employer or company that employed a sufficient quota of Saudi nationals. Despite these revised measures, some workers were unaware of the new regulations and had to remain with their sponsor until completion of their contract or to seek the assistance of their embassy to return home. There were also instances in which sponsors bringing noncitizen workers into the country failed to provide them with a residency permit, which undermined the workers’ ability to access government services or navigate the court system in the event of grievances. Sponsors with commercial or labor disputes with foreign employees also could ask authorities to prohibit employees from departing the country until the dispute was resolved; however, authorities would not jail or forcibly return fleeing workers who sought to exit the country within a 72-hour period or to coordinate with their embassy for repatriation as long as the employees did not have criminal charges or outstanding fines pending against them.

Bilateral labor agreements set conditions on foreign workers’ minimum wage, housing, benefits including leave and medical care, and other topics. These provisions were not drafted in line with international standards, and they varied depending on the sending country’s relative bargaining power. The labor law and the law against trafficking provide penalties for abuse of such workers.

The government engaged in news campaigns highlighting the plight of abused workers, trained law enforcement and other officials to combat trafficking in persons, and worked with the embassies of labor-sending countries to disseminate information about labor rights to foreign workers. As in previous years, during Ramadan the HRC broadcast a public awareness program on television emphasizing the Islamic injunction to treat employees well.

The government did not always enforce the laws protecting migrant workers effectively. There were credible reports that some migrant workers were employed on terms to which they had not agreed and experienced problems, such as delays in the payment of wages, changes in employer, or changed working hours and conditions. Migrant workers, especially domestic workers, were vulnerable to abuse, exploitation, and conditions contravening labor laws, including nonpayment of wages, working for periods in excess of the 48-hour workweek, working for periods longer than the prescribed eight-hour workday, and restrictions on movement due to passport confiscation. There were also reports of physical and verbal abuse. On July 15, local media reported that approximately 50 percent of the companies in the construction sector, which employs an estimated 3.5 million expatriates, failed to pay salaries due to stalled projects dating back to 2016, in addition to the government’s failure to pay money it owed to the companies working on government projects.

There were credible reports that some noncitizen workers, particularly domestic employees, were unable to exercise their right to remove themselves from dangerous situations. Some employers physically prevented workers from leaving or threatened them with nonpayment of wages if they left. Sponsoring employers, who controlled foreign workers’ ability to remain employed and in the country, usually held foreign workers’ passports, a practice prohibited by law. In some contract disputes, a sponsor asked authorities to prevent the employee from leaving the country until resolution of the dispute to coerce the employee into accepting a disadvantageous settlement or risking deportation without any settlement.

On July 18, the ESOHR called on authorities to resolve a five-year labor dispute between Tunisian citizen Jannat bint Shubail bin Nahila and the Ministry of Health and allow her and her family to leave the country. According to ESOHR, the ministry arbitrarily fired Bin Nahila from her job as a nurse at a government health-care center in al-Baha Province, withheld her passport, and banned her from travel until the labor dispute was resolved.

Foreign workers could contact the labor offices of their embassies for assistance. During the year hundreds of domestic workers, the majority of whom were female, sought shelter at their embassies, some fleeing sexual abuse or other violence by their employers. Some embassies maintained safe houses for citizens fleeing situations that amounted to bondage. The workers usually sought legal help from embassies and government agencies to obtain end-of-service benefits and exit visas.

In addition to their embassies, domestic servants could contact the NSHR, HRC, governmental Inter-ministerial General Secretariat to Combat Human Trafficking, and Migrant Workers’ Welfare Department, which provided services to safeguard migrant workers’ rights and protect them from abuse. Workers could also apply to the offices of regional governors and lodge an appeal with the Board of Grievances against decisions by those authorities.

Senegal

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

Women

Rape and Domestic Violence: The law prohibits rape, which is punishable by five to 10 years’ imprisonment. Nevertheless, the government rarely enforced the law, and rape was widespread. The law does not address spousal rape. The law allows the common practice of using a woman’s sexual history to defend men accused of rape.

The law criminalizes assaults and provides for punishment of one to five years in prison and a fine. Domestic violence that causes lasting injuries is punishable with a prison sentence of 10 to 20 years. If an act of domestic violence causes death, the law prescribes life imprisonment. Nevertheless, the government did not enforce the law, particularly when violence occurred within the family. Police usually did not intervene in domestic disputes. Several women’s groups and the Committee to Combat Violence against Women and Children (CLVF) reported a rise in violence against women.

NGOs, including the CLVF, criticized the failure of some judges to apply domestic violence laws, citing cases in which judges claimed lack of adequate evidence as a reason to issue lenient sentences. NGOs also criticized the government’s failure to permit associations to bring suits on behalf of victims and the lack of shield laws for rape.

The number of incidents of domestic violence, which many citizens considered a normal part of life, were much higher than the number of cases reported. The Ministry of Justice is responsible for combating domestic violence, but it did not make public any programs to address rape and domestic violence. The government-run Ginddi Center in Dakar provided shelter to women and girls who were survivors of rape or early and forced marriage as well as to street children.

In August a court in Diourbel sentenced a man who physically attacked his wife to three months in jail, along with a 21-month suspended sentence. The court also sentenced him to pay his wife one million CFA francs (approximately $1,800) in damages.

Female Genital Mutilation/Cutting (FGM/C): The law provides criminal penalties for the perpetration of FGM/C on women and girls, but no cases were prosecuted during the year.

Sexual Harassment: The law mandates prison terms of five months to three years and fines of 50,000 to 500,000 CFA francs ($90 to $900) for sexual harassment, but the problem was widespread. The government did not effectively enforce the law.

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

Discrimination: The law provides for the same legal status and rights for women as for men. Nevertheless, women faced pervasive discrimination, especially in rural areas where traditional customs and discriminatory rules of inheritance were strongest.

The family code’s definition of paternal rights also remained an obstacle to equality between men and women. The code considers men to be heads of household, preventing women from taking legal responsibility for their children. Additionally, any childhood benefits are paid to the father. Women can become the legal head of household only if the husband formally renounces his authority before authorities or if he is unable to act as head of household.

While women legally have equal access to land, traditional practices made it difficult for women to purchase property in rural areas. Many women had access to land only through their husbands, and the security of their rights depended on maintaining the relationship with their husbands.

The Ministry of Women, Family, and Gender has a directorate for gender equality that implements programs to combat discrimination.

Children

Birth Registration: Citizenship is acquired by birth or naturalization. The law provides for equal rights for mothers and fathers automatically to transmit citizenship to their children. The law does not make birth declaration mandatory. Registering births required payment of a small fee and travel to a registration center, which was difficult for many residents of rural areas.

Education: The law provides for tuition-free and compulsory education for children between the ages of six and 16, although many children did not attend school. While children generally could attend primary school without a birth certificate, they needed one to take national exams.

Approximately one-third of primary school-age children were not in school, in many cases because of a lack of resources or available facilities. Students often had to pay for their own books, uniforms, and other school supplies.

Girls encountered greater difficulties in continuing in school beyond the elementary level. Sexual harassment by school staff and early pregnancy also caused the departure of girls from school. An October 18 report by Human Rights Watch documented incidents of school-related sexual exploitation, harassment, and abuse in Dakar and the Casamance. Girls interviewed for the report said some teachers sexually harassed them, asking for favors or phone numbers and punishing them with bad grades if they did not comply. Teachers engaged in sexual relations with girls younger than 18. Where school directors were aware of sexual harassment or exploitation, they generally tried to resolve the situation on their own without reporting it to higher authorities or police and often stigmatized and faulted the behavior of the girls rather than the teacher in the process. Girls were generally unsure of what constitutes consent and harassment and did not know where to report exploitation. If girls became pregnant, they dropped out of school and were often shunned by their families.

Many parents opted to keep their middle- and high-school-aged daughters home to work or to marry rather than sending them to school. In recent years, however, gender disparity at the middle- and high-school level has significantly lessened.

Child Abuse: Child abuse remained common, particularly of boys sent to Dakar and other cities to beg under threat of punishment. Many of these boys were sent by their parents to study in Quranic schools or daaras. At some daaras Quranic instructors exploited, physically abused, and forced children to beg on the street. Approximately 70 percent of trafficked child beggars on the streets of Dakar were forced to beg by a Quranic instructor or someone pretending to be one, while the rest begged of their own volition due to poverty. A 2018 daara-mapping study found an estimated 28,000 Quranic students in the Dakar region (15 percent of the total) were forced to beg up to five hours per day. Most children exploited in forced begging appeared to be ages five to 10; some reportedly were as young as two.

The National Task Force Commission Against Trafficking, as well as the recently created Ministry of Good Governance and Child Protection, have committed to continue to address these issues throughout the country.

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

A talibe is a boy in Senegal and other West African countries who studies the Quran at a daara. In March 2017, a Quranic teacher in Pikine was convicted and sentenced to 10 years in prison for the rape of three talibes, all approximately 12 years old. The teacher had repeatedly raped all three boys over an extended period of time. He had fractured the skull of one of the boys for protesting the rape. In November five individuals were arrested in Dakar for abusing talibes. Overall, government efforts to address the abuse of talibes remained weak.

Early and Forced Marriage: By law women have the right to choose when and whom they marry, but traditional practices often restricted a woman’s choice. The law prohibits the marriage of girls younger than 16, but this law generally was not enforced in most communities where marriages were arranged. Under certain conditions a judge may grant a special dispensation to a man to marry a girl below the age of consent.

According to women’s rights groups and officials from the Ministry of Women, Family, and Gender, child marriage was a significant problem, particularly in the more rural areas in the south, east, and northeast. The ministry conducted educational campaigns to address the problem.

Sexual Exploitation of Children: The law provides that convicted sexual abusers of children receive five to 10 years’ imprisonment. If the offender is a family member, the maximum is applied. Procuring a minor for prostitution is punishable by imprisonment for two to five years and a fine of 300,000 to four million CFA francs (approximately $550 to $7,200). If the crime involves a victim younger than 13, the maximum penalty is applied. The law was not effectively enforced, but when cases were referred to law enforcement, authorities conducted follow-up investigations. The minimum age of consensual sex is 18.

Pornography is prohibited, and pornography involving children under age 16 is considered pedophilia and punishable by up to two years’ imprisonment and fines of up to 300,000 CFA francs (approximately $550).

Exploitation of women and girls in prostitution was a problem, particularly in the southeast gold-mining region of Kedougou. Although there were no reports of child sex tourism during the year, the country was considered a destination for child sex tourism for tourists from France, Belgium, and Germany, among other countries.

Infanticide or Infanticide of Children with Disabilities: Infanticide, usually due to poverty or embarrassment, continued to be a problem. In some cases women’s families shamed them into killing their babies. Domestic workers and rural women working in cities sometimes killed their newborns if they could not care for them. Others, married to men working outside the country, killed their infants out of shame. According to the African Assembly for the Defense of Human Rights, infanticide also occurred when a woman became pregnant with the child of a man from a prohibited occupational caste. If police discovered the identity of the mother, she faced arrest and prosecution for infanticide. A 2015 UN report indicated approximately 16 percent of females in detention in 2013 were imprisoned for infanticide, and that infanticide was the grounds for imprisonment for 64 percent of girls and young women ages 13 to 18.

Displaced Children: Many children displaced by the Casamance conflict lived with extended family members, neighbors, in children’s homes, or on the streets. According to NGOs in the Casamance, displaced children suffered from the psychological effects of conflict, malnutrition, and poor health.

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

Anti-Semitism

There were approximately 100 Jewish residents in the country; 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 prohibits discrimination against persons with disabilities, but the government did not enforce these provisions adequately. The law also mandates accessibility for persons with disabilities, but the government did not effectively enforce the law.

The government provided grants, managed vocational training in regional centers, and offered funding for persons with disabilities to establish businesses. Due to a lack of special education training for teachers and facilities accessible to children with disabilities, authorities enrolled only 40 percent of such children in primary school. Support for persons with mental disabilities was not generally available, and incidents of abuse of persons with mental disabilities were common.

Persons with disabilities experienced difficulty registering to vote as well as accessing voting sites, due to physical barriers such as stairs as well as the lack of provisions such as Braille ballots or sign-language interpreters for persons who are visually or hearing-impaired, or unable to speak. A 2012 law reserves 15 percent of new civil service positions for persons with disabilities, but this quota has never been enforced. In regions outside Dakar, in particular, persons with disabilities were still effectively excluded from access to these positions.

The Ministry for Health and Social Action is responsible for protecting the rights of persons with disabilities.

National/Racial/Ethnic Minorities

Ethnic groups generally coexisted peacefully. In the Casamance incidents of conflict between the Diola, the region’s largest ethnic group, and the mostly Wolof Senegalese in the north continued to decline.

Discrimination against individuals of lower castes continued, and intellectuals or businesspersons from lower castes often tried to conceal their caste identity.

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

Consensual same-sex sexual activity between adults, referred to in law as an “unnatural act,” is a criminal offense, and penalties range from one to five years’ imprisonment and fines of between 100,000 and 1.5 million CFA francs ($180 and approximately $2,700); however, the law was rarely enforced. No laws prevent discrimination based on sexual orientation or gender identity, nor are there hate crime laws that could be used to prosecute crimes motivated by bias against LGBTI persons.

LGBTI persons faced widespread discrimination, social intolerance, and acts of violence. LGBTI individuals were subject to frequent threats, mob attacks, robberies, expulsions, blackmail, and rape. LGBTI activists also complained of discrimination in access to social services.

In what appeared to be an isolated incident, on June 8, police raided a home in Keur Massar without a warrant after being alerted the inhabitants were LGBTI persons. Eleven individuals were present at the time of the raid, of whom two–both asylum seekers from The Gambia–were arrested. Eyewitnesses alleged the two were subjected to torture while in police custody, including beatings and electric shocks. The two were allegedly denied food, water, legal counsel, and medical assistance. On June 9, four other individuals who had been present in the house–two Senegalese and two Gambian asylum-seekers–visited police station to inquire about their detained friends. The four were arrested upon arrival at the station. Three of the four were released after 24 hours. The fourth, in addition to the two individuals arrested on June 8, was brought to court on June 12. All three were acquitted of all charges for lack of evidence.

Aside from this one outlying case, LGBTI activists indicated the overall situation in the country remained calm with respect to the LGBTI community for a second consecutive year.

HIV and AIDS Social Stigma

The law prohibits all forms of discrimination against persons with HIV/AIDS, and the government and NGOs conducted HIV/AIDS awareness campaigns to increase social acceptance of persons with HIV or AIDS and increase HIV testing and counseling nationwide. Nevertheless, human rights activists reported HIV-positive individuals and those with AIDS suffered from social stigma due to the widespread belief that such status indicated homosexuality. HIV-positive men sometimes refrained from taking antiretroviral drugs due to fear their families would discover their sexual orientation.

Section 7. Worker Rights

The law provides for the rights of workers to form and join independent unions, except security force members, including police and gendarmes, customs officers, and judges. Unions have the right to bargain collectively and strike with some restrictions. The law allows civil servants to form and join unions. Before a trade union can exist legally, the labor code requires authorization from the Ministry of Interior. Unions have no legal recourse if the minister refuses registration. Under the law, as part of the trade union recognition process, the ministry has the authority to check the morality and aptitude of candidates for positions of trade union officials. Any change to the bylaws of a trade union must be reported to and investigated by the inspector of labor and the public attorney. Additionally, the law provides that minors (both as workers and as apprentices) cannot organize without parental authorization. The state prosecutor can dissolve and disband trade unions by administrative order if union administrators are not following union regulations for what a union is supposed to be doing on behalf of its members.

The law prohibits antiunion discrimination, and allows unions to conduct their activities without interference. Foreigners may hold union office only if they have lived in the country for five years and only if his or her country provides the same right to Senegalese citizens. Collective bargaining agreements cover an estimated 44 percent of workers in the formal economy. Unions are able to engage in legal proceedings against any individual or entity that infringes the collective bargaining rights of union members, including termination of employment.

The law provides for the right to strike; however, certain regulations restrict this right. The constitution seriously undermines the right to strike by stipulating that a strike must not infringe on the freedom to work or jeopardize an enterprise. The law states workplaces may not be occupied during a strike, whether such strike is peaceful, and may not violate nonstrikers’ freedom to work or hinder the right of management to enter the premises of the enterprise. This means pickets, go-slows, working to rule, and sit-down strikes are prohibited. Unions representing members of the civil service must notify the government of their intent to strike at least one month in advance; private sector unions must notify the government three days in advance. The government does not have any legal obligation to engage with groups who are planning to strike, but the government sometimes engaged in dialogue with these groups. The right to strike is restricted further by the power of authorities to requisition workers to replace those on strike in all sectors, including “essential services” sectors. A worker who takes part in an illegal strike may be summarily dismissed. The government effectively enforced applicable laws on the right to strike. Penalties for noncompliance include a fine, imprisonment or both. Penalties were sufficient to deter violations. The labor code does not apply to the informal sector and thus excludes the majority of the workforce, including subsistence farmers, domestic workers, and those employed in many family businesses.

The government and employers generally respected freedom of association and the right to collective bargaining with restrictions. Workers exercised the right to form or join unions, but antiunion sentiment within the government was strong. Trade unions organize on an industry-wide basis, very similar to the French system of union organization. There were no confirmed reports of antiunion discrimination during the year.

The law prohibits all forms of forced or compulsory labor. Although the law prohibits begging for economic gain, a provision of the penal code provides that “the act of seeking alms on days, in places, and under conditions established by religious traditions” does not constitute begging. Many provisions of the law impose imprisonment with compulsory prison labor as a penalty for noncompliance, such as for participation in strikes in “essential services,” for occupying the workplace or its immediate surroundings during strike actions, or for breaching labor discipline deemed to endanger ships or the life or health of persons on board.

Following the president’s announcement of a campaign against child begging in mid-2016, authorities began removing children from the streets. The first phase of this campaign continued until mid-2017, but it was largely ineffective in addressing the problem. In March the government began the second phase of the campaign; more than 1,100,000 children were removed from the streets during the first six months of the second phase, of whom approximately 40 were returned to their families.

The government did not effectively enforce applicable laws against forced labor, and such practices continued to occur in the areas of domestic servitude, forced prostitution, farm labor, and artisanal mining. Forced child labor occurred, including forced begging by children in some Quranic schools (see section 6). Some children in these schools (daaras) were kept in conditions of servitude; were forced to work daily, generally in street begging; and had to meet a daily quota for money (or sometimes sugar or rice) set by their teachers.

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

Regulations on child labor set the minimum working age at 15. The law prohibits many forms of hazardous child labor but includes exceptions. In the agricultural sector, for example, children as young as age 12 are permitted to work in a family environment when necessary. The law also allows boys under age 16 to work in underground mines and quarries doing “light work.” Due to the nature of the dangers associated with mining, “light work” activities do not prevent exposure to hazards.

Inspectors from the Ministry of Labor are responsible for investigating and initiating lawsuits in child labor cases. The ministry’s investigators can visit any institution during work hours to verify and investigate compliance with labor laws and can act on tips from trade unions or ordinary citizens.

Labor laws prohibiting child labor were largely unenforced, and penalties were not sufficient to deter violations. The Ministry of Labor sent investigators to investigate formal work places, but they were not trained to deal with child labor problems. The Child Labor Division in the Ministry of Labor was severely understaffed and underfunded. Inspectors lacked adequate resources to monitor the informal sector, and no cases of child labor have ever been identified in the formal sector. There was no specific system to report child labor violations, largely due to inadequate funding of the Child Labor Division and the Ministry of Labor. The ministry instead relied on unions to report violators. The government conducted seminars with local officials, NGOs, and civil society to raise awareness of the dangers of child labor and exploitative begging.

Most instances of child labor occurred in the informal economy where labor regulations were not enforced. Economic pressures and inadequate educational opportunities often pushed rural families to emphasize work over education for their children. Child labor was especially common in the regions of Tambacounda, Louga, and Fatick, where up to 90 percent of children worked. Child labor was prevalent in many informal and family-based sectors, such as agriculture (millet, corn, and peanuts), fishing, artisanal gold mining, garages, dumpsites, slaughterhouses, salt production, rock quarrying, and metal and woodworking shops. In the large, informal, unregulated artisanal mining sector, entire families, including children, were engaged in artisanal mining work. Child gold washers, most aged 10 to 14, worked approximately eight hours a day without training or protective equipment. There were also reports of children working on family farms or herding cattle. Children also worked as domestics, in tailoring shops, at fruit and vegetable stands, and in other areas of the informal economy.

In 2015 data from the Understanding Children’s Work Project’s analysis of statistics from the Demographic and Health Survey highlighted that 22.3 percent of children ages five to 14 worked. A predominant type of forced child labor was the forced begging by children sent to live and study under the supervision of Quranic teachers (see sections 6 and 7.b.).

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 labor law prohibits discrimination in employment and occupation based on national origin, race, gender, disability, and religion; violators are officially subjected to fines and imprisonment, but these laws were not regularly enforced and were not sufficient to deter violations. The law does not explicitly prohibit discrimination based on sexual orientation or gender identity. The government did not effectively enforce the antidiscrimination provisions of the law. Gender-based discrimination in employment and occupation occurred and was the most prevalent form of discrimination. Men and women have equal rights to apply for a job. Women represented 52 percent of the population, but they performed 90 percent of domestic work and 85 percent of agricultural work. The law requires equal pay for equal work, but women experienced discrimination in employment and operating businesses (see section 6).

The national minimum hourly wage was higher than the estimated poverty income rate of $1.90 per day. The Ministry of Labor is responsible for enforcing the minimum wage. Labor unions also acted as watchdogs and contributed to effective implementation of the minimum wage in the formal sector. The minimum wage provisions apply to foreign and migrant workers as well.

For most occupations in the formal sector, the law mandates a standard workweek of 40 to 48 hours, or approximately 2,100 hours per year, with at least one 24-hour rest period per week, one month per year of annual leave, enrollment in government social security and retirement plans, safety standards, and other measures. Night work is defined as activity between 10 p.m. and 5 a.m.; night workers should receive a supplementary rate of 60 percent for any night hours worked and 100 percent for any night hours worked on holidays. The law does not prohibit excessive or compulsory overtime in the formal sector.

Premium pay for overtime is required only in the formal sector. Legal regulations on industry-appropriate occupational safety and health exist, and the government sets the standards. Employees or their representatives have the right to propose whatever they assume will provide for their protection and safety and can refer to the competent administrative authority in case the employers refuse.

The Ministry of Labor, through the Labor Inspection Office, is responsible for enforcing labor standards in the formal sector; those who violate standards are officially subject to fines and imprisonment, but these were not regularly enforced and were insufficient to deter violation. Enforcement of the workweek standard was irregular. Labor inspectors had poor working conditions and lacked transportation to conduct their mission effectively. The number of labor inspectors was insufficient to enforce compliance. Violations of wage, overtime, and occupational safety and health standards were common. Due to high unemployment and a slow legal system, workers seldom exercised their nominal right to remove themselves from situations that endangered health or safety. According to the National Employers Council (Conseil National du Patronat) statistics, there were 1,700 cases related to workplace accidents in 2017 against approximately 1,900 cases in 2016 (the majority of which took place in Dakar); the reality was likely much higher, as the official number does not take into account the large number of workplace accidents in the informal sector.

Serbia

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

Women

Rape and Domestic Violence: Rape of men and women, including spousal rape, is punishable by up to 40 years in prison. The government did not enforce the law effectively.

Domestic violence is punishable by up to 10 years imprisonment. While the law provides women the right to obtain a restraining order against abusers, the government did not enforce the law effectively. According to the Ministry of Interior, 25 women were killed in domestic violence through August 15. The number of victims of domestic violence for the first four months of the year doubled compared with the same period in 2017. In May Jelena Grbic was killed in the Kosjeric municipality in front of her three minor children. Her alleged killer and common law partner, Ivan Radovanovic, was arrested, indicted for aggravated murder, and is currently in pretrial confinement. The alleged killer had previously been convicted of domestic violence. According to the Ministry of the Interior, seven men were also killed in family violence through July 25.

The Law on the Prevention of Family Violence strengthens protective measures for domestic violence victims by temporarily removing the perpetrator from a home from a minimum of 48 hours to a maximum of 30 days. This law requires that police, prosecutors’ offices, courts, and social welfare centers maintain an electronic database on individual cases of family violence and undertake emergency and extended measures.

Women’s groups were critical of the implementation of the law, citing lack of precision in statistical reporting as well as very few actual detentions.

Throughout 2017 and the first half of the year, the Justice Ministry conducted training for prosecutors, police officers, and centers for social welfare on the implementation of the law.

Sexual Harassment: Sexual harassment of men and women is a crime punishable by imprisonment for up to six months in cases that do not involve domestic abuse or a power relationship, and for up to one year for abuse of a subordinate or dependent. The Autonomous Woman’s Center published polling data indicating that one in three women in the country has experienced unwanted physical contact, and 80 percent of the young men and women have been sexually harassed. While the legal framework was generally in place, the law was rarely enforced and did not provide an adequate deterrent to prevent sexual harassment. In October, the police charged a man with sexually harassing and inappropriately touching a teenage girl who was riding public transportation in Belgrade. Woman’s organizations contended that cases of sexual harassment and inappropriate touching were rarely investigated.

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

Discrimination: The law provides for the same legal status and rights for women as for men in all areas, including family, religion, personal status, labor, property, nationality, and inheritance, but the government did not always enforce these laws. Women were discriminated against both at home and in the labor force; in marriage, divorce, child custody, employment, credit, pay, owning or managing businesses or property, education, the judicial process and housing. According to the Statistical Office of the Republic of Serbia, women did an average of over twice as many hours of domestic work as men.

Children

Birth Registration: Citizenship is derived from a child’s parents. The law on birth records provides for universal birth registration. Some Romani children were not registered at birth. Subsequent birth registration was possible but complicated (see section 2.d., Stateless Persons). Children who were not registered did not have access to public services, such as health care.

Education: Education was free through the secondary level, but compulsory only from preschool through age 15. Ethnic discrimination and economic hardship discouraged some children from attending school. In Romani and poor rural communities, girls were more likely than boys to drop out of school and normally did so at an earlier age.

Child Abuse: There are laws prohibiting child abuse, and the penalties ranged from two to 10 years of imprisonment. According to research and reports, children were exposed to direct and interpersonal violence, physical and sexual violence, emotional abuse, and neglect. Children in the country also suffered structural violence, stemming from existing patriarchal social structures that enabled marginalization; this problem was manifested through different types of discrimination, child marriage, and child labor. Children in historically marginalized groups, such as Roma, suffered various types of social exclusion and were more prone to marginalization. According to the ombudsman, one-third of complaints filed with his office had to do with child abuse. Serbia’s efforts to prevent child abuse have largely focused on protection of victims rather than prevention of child abuse through targeted intervention; these programs have included training for police, schools, and social workers as well as hotlines and other platforms for reporting violence.

Early and Forced Marriage: The legal minimum age of marriage is 18. A court can allow a minor older than 16 to marry if the minor is mature enough to “enjoy the rights and fulfill the responsibilities of marriage.” Child marriages occurred in Romani communities, but these marriages were not legal marriages, and statistics on their prevalence did not exist. Romani activists anecdotally reported a decline in number of child marriages, but this decline could not be verified.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children, to include selling, offering, or procuring for prostitution, and practices related to child pornography; the government enforced the law, but, nonetheless, these activities occurred. Evidence was limited, and the extent of the problem was unknown. The minimum age for consensual sex is 14, regardless of sexual orientation or gender.

Displaced Children: According to local NGOs and media reports, an estimated 2,000 homeless children lived on Belgrade’s streets.

Institutionalized Children: Children in orphanages and institutions were sometimes victims of physical and emotional abuse by caretakers and guardians and of sexual abuse by their peers. The law on social protection prioritizes the deinstitutionalization of children, including those with developmental problems, and their placement in foster families. Children with disabilities who were housed in institutions faced problems including isolation, neglect, and a lack of stimulation. Institutions were often overcrowded, and children were mixed with adults in the same facility. The Mental Disability Rights Initiative Serbia expressed concern over the violation of rights of institutionalized children, noting that 60 percent of institutionalized children with disabilities were excluded from the educational system.

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 https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

According to the 2011 census, 787 persons in the country identified as Jewish. While the law prohibits hate speech, Jewish community leaders reported that translations of anti-Semitic literature were available from ultranationalist groups and conservative publishers. Anti-Semitic literature was available in some bookstores, and the Jewish community reported incidents of anti-Semitic comments in online media.

Holocaust education continued to be a part of the school curriculum at the direction of the Ministry of Education, including in the secondary school curriculum. The role of the collaborationist National Salvation government run by Milan Nedic during the Nazi occupation was debated. Some commentators continued to seek to minimize and reinterpret the role of the national collaborators’ movements during World War II and their role in the Holocaust. On July 11, the High Court in Belgrade ruled against the rehabilitation of wartime Prime Minister Milan Nedic, holding that the petition to the court by his family and several organizations representing political prisoners and victims of the communist regime was unfounded. The court document stated that the presumption that “Milan Nedic was arrested without any court or administrative decision and was a victim of persecution for political or ideological reasons” was groundless.

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 supporting laws prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities, including their access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. The government did not enforce these laws effectively. Persons with disabilities and their families experienced stigmatization and segregation because of deeply entrenched prejudices and a lack of information. The Commissioner for the Protection of Equality’s 2017 annual report highlighted a case in which the city of Zajecar failed to provide a personal assistant to a disabled schoolchild in accordance with the child’s individual support plan.

Persons with disabilities were exposed to discrimination in almost every aspect of life, including access to justice, health services, education, employment, and political participation. The 2017 annual report by the Commissioner for the Protection of Equality noted that 20 percent of all complaints filed with the office were cases of discrimination on disability grounds. According to the report, as a category women with disabilities experienced the most severe multiple discrimination. According to the World Health Organization, persons with disabilities represented 15 percent of the country’s population. The law requires all public buildings to be accessible to persons with disabilities, but public transportation and many older public buildings were not accessible. Many children and adults with intellectual disabilities remained in institutions, sometimes restrained or isolated.

The law also prohibits physical, emotional, and verbal abuse in schools. NGOs and journalists reported that thousands of children with disabilities (institutionalized and noninstitutionalized) were not enrolled in school.

The Ministry of Labor, Employment, Veterans, and Social Issues, the Ministry of Education, and the Ministry of Health had sections with responsibilities to protect persons with disabilities. The Ministry of Labor had a broad mandate to engage with NGOs, distribute social assistance, manage residential institutions, and monitor laws to provide protection for the rights of persons with disabilities. The labor minister told media on May 17 that his ministry’s priority was to develop partner relations with disability organizations and provide expert and financial support to associations that implement programs that promote rights of persons with disabilities.

According to the National Employment Agency (NEA), the number of unemployed persons with disabilities in early June was approximately 15,500; approximately 6,500 persons with disabilities registered with NEA became employed in 2017. The agency had a budget of 550 million dinars ($5.29 million) for the employment of persons with disabilities.

The media reported that 51 companies throughout the country employed 5,000 persons with disabilities. The trade union Nezavisnost reported in September that persons with disabilities who worked for several companies employing persons with disabilities were receiving salaries under 16,000 dinars per month ($154), which was below the national minimum wage (approximately $240).

National/Racial/Ethnic Minorities

According to the commissioner for the protection of equality, Roma were subject to discrimination in many ways; independent observers and NGOs stated that systemic segregation and discrimination of Roma continued. A Human Rights Defender’s report noted that Roma often considered such treatment normal and noted that hate crimes against Roma were not prosecuted. According to the report, a significant number of Romani citizens were without personal documents and experienced discrimination in the labor market and in schools. The report condemned the situation as “particularly appalling” in housing, health, and access to justice.

National Minority Councils (NMC) represented the country’s ethnic minority groups and had broad competency over education, media, culture, and the use of minority languages. Amendments to the Law on National Minority Councils and the Law on Protection of Rights and Freedoms of National Minorities were adopted on June 20. On November 4, regular elections were held for national minority council seats; 22 of Serbia’s 23 recognized national minorities participated in these elections; the Jewish NMC elects leadership on a different cycle in accordance with its bylaws.

Ethnic Albanian leaders in the southern municipalities of Presevo, Medvedja, and Bujanovac, along with Bosniaks in the southwestern region of Sandzak, complained they were underrepresented in state institutions at the local level.

According to the director of the Government Office for Human and Minority Rights, more than 60,000 minority schoolchildren attended education in their mother tongue. The government made some progress in approving new mother tongue textbooks, although not all the textbooks in minority languages were available at the beginning of the 2018-19 school year.

The government took some steps to counter violence and discrimination against minorities. The stand-alone government Office for Human and Minority Rights supported minority communities. Civic education classes, offered by the government as an alternative to religion courses in secondary schools, included information on minority cultures and multiethnic tolerance.

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

Although the law prohibits discrimination based on sexual orientation and gender identity, the law does not describe specific areas in which discrimination is prohibited but is generally interpreted as applying to housing, employment, nationality laws, and access to government services such as health care. The government did not enforce these laws effectively, and violence and discrimination against members of the LGBTI community were serious problems. Transgender individuals were not permitted to update legal identity documents to reflect their gender identity unless they had undergone sex reassignment surgery.

According to civil society organizations, there were 500,000 LGBTI persons in the country. Credible NGOs noted a lack of significant progress in establishing dialogue, educating the public on LGBTI issues, and addressing hate crimes and bias-motivated violence.

According to NGOs, activists, and independent institutions, discrimination against members of the LGBTI community continued. The Commissioner for the Protection of Equality found that LGBTI persons seldom reported instances of violence and discrimination because they lacked trust in relevant institutions, and feared stigmatization and secondary victimization. Data available from a number of research papers and reports indicated that homophobia and transphobia were deeply rooted in society.

According to data from the Equal Rights Association, 26 percent of the country’s population would cease contact with a person if they learned that person was LGBTI; 38 percent of population believed that homosexuality was a disease; 48 percent of parents would try medical treatment for their LGBTI child; 70 percent opposed the right of an LGBTI person to inherit the property of their deceased partner, and 90 percent opposed child adoption by LGBTI persons. The NGO Let It Be Known recorded eight hate crimes involving violence against LGBTI persons from January through November 2017. The organization also reported 11 cases of psychological violence and threats, five cases of hate speech, and two discriminatory incidents during the study period.

On April 29, a transgender person was severely injured in an attack in front of a Belgrade nightclub. Police identified three of five attackers, two of whom were minors, and filed criminal charges against them. Police also initiated internal control procedures against a police officer for unprofessional conduct when the survivor was reporting the attack at the police station.

In October a man who attacked a transgender woman in 2014 was sentenced to one year of probation. Activists criticized the sentence as being too light, because the attacker was not prosecuted under a provision of the criminal code that mandates harsher punishment for hate crimes.

On September 16, the Belgrade Pride parade was held for a fifth consecutive year after police stopped several dozen counterprotesters walking towards the parade route; no security incidents were reported. Police shut a portion of central Belgrade to secure the route and prevent harassment of the nearly 1,000 participants who marched through central Belgrade. The law enforcement presence was significantly less than in previous years. Prime Minister Ana Brnabic, other ministers, and Belgrade’s mayor attended the march. Organizers of Pride Week demanded the protection of human rights of LGBTI individuals.

HIV and AIDS Social Stigma

According to government officials and NGOs, there was significant prejudice against persons with HIV/AIDS in all aspects of public life, including employment, housing, and access to public services. According to a survey performed by the Union of Persons Living with HIV and Aids of Serbia, 92 percent of Serbians have a discriminatory attitude towards persons living with HIV/AIDS. The commissioner for protection’s 2017 annual report noted that the majority of persons with HIV/AIDS did not disclose their health status to anyone besides their attending physician, and only approximately half of persons with HIV/AIDS disclosed their status to family members. The government adopted a strategy for prevention and control of HIV/AIDS for 2018-25 that promotes the protection from discrimination and human rights of persons with HIV/AIDS.

Section 7. Worker Rights

The constitution provides for the right of workers to form and join independent unions of their choice, bargain collectively, and conduct legal strikes. Trade unions must register with the Ministry of Labor, Employment, Veterans, and Social Affairs, and employers must verify that union leaders are full-time employees. The government designated more than 50 percent of the workforce as “essential,” and these workers faced restrictions on the right to strike. Essential workers must provide 10 days’ advance notification of a strike as well as provide a “minimum level of work” during the strike. By law strikes can be staged only on the employer’s premises. The law prohibits discrimination based on trade union membership but does not provide any specific sanctions for antiunion harassment, nor does it expressly prohibit discrimination against trade union activities. The law provides for the reinstatement of workers fired for union activity, and fired workers generally returned to work quickly.

The Confederation of Autonomous Trade Unions of Serbia, a federation of unions that operates independently but has been generally supportive of government policies, has more members than independent labor unions in both the public and private sector. Independent trade unions are able to organize and address management in state-owned companies on behalf of their members.

The labor law protects the right to bargain collectively, and this right is effectively enforced and practiced. The law requires collective bargaining agreements for any company with more than 10 employees. To negotiate with an employer, however, a union must represent at least 15 percent of company employees. The law provides collective bargaining agreements to employers who are not members of the employers’ association or do not engage in collective bargaining with unions. The law stipulates that employers subject to a collective agreement with employees must prove they employ at least 50 percent of workers in a given sector to apply for the extension of collective bargaining agreements to employers outside the agreement.

The government generally enforces the labor law with respect to freedom of association and collective bargaining. Both public- and private-sector employees may freely exercise the right to strike. Violations of the labor law could incur fines sufficient to deter violations. The Labor Inspectorate lacked adequate staffing and equipment, however, which limited the number of labor inspections as a means of enforcing the labor law.

There were sometimes allegations of antiunion dismissals and discrimination in the country. Labor NGOs worked to increase awareness regarding workers’ rights and to improve the conditions of women, persons with disabilities, and other groups facing discrimination in employment or occupation.

The constitution prohibits forced and compulsory labor. The law also prohibits all forms of labor trafficking and “slavery or a relationship similar to slavery.” The government generally enforced the law, but incidents of forced labor were still occasionally reported. Serbian nationals, particularly men, have been reportedly subjected to labor trafficking in labor-intensive sectors, such as the construction industry in Russia, other European countries, and the United Arab Emirates. Penalties for violations within Serbia were generally sufficient to deter violations.

A number of children, primarily from the Romani community, were forced to engage in begging, theft, domestic work, commercial sexual exploitation, and other forms of labor (see section 7.c.).

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

The minimum age for employment is 15, and youths under 18 require written parental or guardian permission to work. The labor law stipulates specific working conditions for minors and limits their workweek to 35 hours, with a maximum of eight hours work per day with no overtime or night work.

The Labor Inspectorate of the Ministry for Labor, Employment, Veterans, and Social Policy was responsible for enforcing child labor laws. The criminal code and Law on Public Peace and Order do not treat child beggars as victims, and the Social Welfare Centers were overburdened, which limited efforts in combating child labor, including its worst forms. According to the inspectorate, in 2017 inspectors did not register any labor complaints involving children under 15 but registered seven cases involving the registered employment of youths between the ages of 15 and 18 without parental permission. A further 10 underage workers were found working informally, without an employment contract, mainly in the agriculture and hospitality sectors. In most cases employers were ordered to obtain the required parental permission to conclude labor contracts with these workers. Misdemeanor proceedings were initiated in four cases.

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor. Gaps existed, however, within the operations of the Ministry of Labor, Employment, Veteran, and Social Affairs that hindered adequate enforcement of their child labor laws. In villages and farming communities, underage children commonly worked in family businesses. In urban areas, children, primarily Roma, worked in the informal sector as street vendors, car washers, and garbage sorters.

With regard to the worst forms of child labor, traffickers subjected children to commercial sexual exploitation, used children in the production of pornography and drugs, and sometimes forced children to beg and commit crimes. Some Romani children were forced into manual labor or begging.

The government’s enforcement efforts and penalties were not sufficient to deter violations of the law in either the formal and informal sectors. The law provides penalties for parents or guardians, who force a minor to engage in begging, excessive labor, or labor incompatible with his or her age, but it was inconsistently enforced, and beggars were treated as offenders. The Labor Inspectorate reported no children being removed from labor situations as result of convictions.

See also 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 prohibit direct and indirect discrimination in employment and occupation and the government enforced these laws with varying degrees of effectiveness. Penalties and enforcement were not sufficient to deter violations.

Discrimination in employment and occupation reportedly occurred with respect to race, sex, disability, language, sexual orientation, gender identity, ethnicity, and HIV-positive status. In 2017 labor inspectors issued 19 decisions regarding discrimination at work and none related to gender equality. In the labor force, women experienced discrimination in hiring, under representation in management, and lower compensation than their male counterparts.

The Commissioner for the Protection of Equality’s 2017 annual report showed 149 discrimination complaints in the area of labor and employment in 2017: 24.8 percent based on gender; 13.4 percent on membership in political, trade union, or other organizations; 13.4 percent on marital or family status; 12.8 percent on disability; 9.4 percent on national or ethnic origin; 8.1 percent on age; 6.7 percent on health status; 4 percent on religious and political beliefs; and 2.7 percent on sexual orientation.

The EC’s Serbia 2018 Report identified Roma, LGBTI persons, persons with disabilities, and persons with HIV/AIDS as the groups most subject to discrimination. A study by the Center for Free Elections and Democracy found discrimination was most frequent in hiring and employment, with the state and its institutions as the major discriminators. The law provides for equal pay, but employers frequently did not observe these provisions. According to a 2017 report by the country’s statistics office, women earned on average 22 percent less per month than their male counterparts. Other reports showed their career advancement was slower, they were underrepresented in most professions, and they faced discrimination related to maternity leave.

The International Labor Organization noted allegations that the law restricting the maximum age of employees in the public sector, adopted in 2015, is discriminatory because it obliges women workers in the public sector to retire at age 62, whereas male workers can work up to the age of 65. The law states that the retirement age for women will continue to increase incrementally until the retirement age is 65 for both men and women. Persons with disabilities faced discrimination in hiring and access to the workplace.

The monthly minimum wage was 24,882 dinars ($239), higher than poverty line (2016) for a single-member household of 15,416 dinars ($148), but lower than the poverty line for a household of two adults and two children of 27,748 dinars ($267) per month.

The Labor Inspectorate is responsible for enforcing the minimum wage. Companies with a trade union presence generally respected minimum wage requirements because of monitoring by the union. Some smaller, private-sector employers, however, have been unwilling or unable to pay minimum wages and mandatory social benefits to all their employees, leading those companies to employ unregistered, off-the-books workers. Unregistered workers, paid in cash without social or pension contributions, frequently did not report labor violations because they feared losing their jobs. Informal arrangements existed most often in the trade, hotel and restaurant, construction, agriculture, and transport sectors. The most frequently reported legal violations in the informal sector related to contractual obligations, payment of salaries, changes to the labor contract, and overtime. According to labor force survey data, informal employment represented 21 percent of total employment in the second quarter of the year, a percentage point lower than a year earlier. Independent estimates suggested the informal sector might represent up to 30 percent of the economy.

The law stipulates a standard workweek of 40 hours and provides for paid leave, annual holidays, and premium pay for night and overtime hours. A worker may have up to eight hours of overtime per week and may not work more than 12 hours in one day, including overtime. One 30-minute break is required during an eight-hour workday. At least a 12-hour break is required between shifts during a workweek, and at least a 24-hour break is required over a weekend. The standard workweek and mandatory breaks were observed in state-owned enterprises but sometimes not in smaller, private companies where the inspectors and unions had less ability to monitor practices.

The labor law requires that the premium for overtime work be at least 26 percent of the base salary, as defined by the relevant collective bargaining agreement. While trade unions within a company were the primary agents for enforcing overtime pay, the Labor Inspectorate also had enforcement responsibilities.

The law requires that companies must establish a safety unit to monitor observance of regulations regarding safety and the protection of personal health. These units often focus on rudimentary aspects of safety and health (such as purchasing soap and detergents), rather than on providing safety equipment for workers. In cases in which the employer did not take action, an employee may report to the Labor Inspectorate. Employers may call the Labor Inspectorate if they think that an employee’s request related to safety and health conditions is not justified. In case of a direct threat to life and health, employees have the right to take action or to remove themselves from the job or situation without responsibility for any damage it may cause the employer and without jeopardy to their employment.

The government protected employees with varying degrees of effectiveness. The Labor Inspectorate employed inspectors and was responsible for worker safety and health, but they were insufficient to enforce compliance. In 2017 the inspectorate completed 53,424 labor inspections involving more than 510,725 employees and uncovered 22,411 informal employment arrangements within legal entities. Following the inspections formalized employment contracts were granted to 21,171 (94 percent) workers. According to the Labor Inspectorate of the Ministry of Labor, Employment, Veterans, and Social Affairs, the most common violations of workers’ rights involved work performed without an employment contract; nonpayment of salary, overtime, and benefits; employers not following procedures in terminating employment contracts; nonpayment of obligatory pension and health contributions; and employers withholding maternity leave allowances. The inspectorate recorded 39 workplace accidents in which the employee died. Cases of death and injury were most common in the construction, traffic and storage, agricultural, and industrial sectors of the economy.

Seychelles

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

Women

Rape and Domestic Violence: Rape, spousal rape, and domestic abuse are criminal offenses for which conviction is punishable by a maximum of 20 years’ imprisonment. Nevertheless, rape was a problem, and the government did not enforce the law effectively. Most victims did not report rape due to fear of reprisal or social stigma.

Domestic violence against women was a widespread problem. Police rarely responded to domestic disputes, although media continued to draw attention to the problem. Police maintained a specialized unit, the Family Squad, to address domestic violence and other family problems.

The Social Affairs Division of the Ministry of Family Affairs and NGOs provided counseling services to victims of rape and domestic violence. The ministry’s Gender Secretariat conducted outreach campaigns to end gender-based violence. On November 9, the first shelter for victims of gender-based violence opened and was operated by CEPS.

Sexual Harassment: The law prohibits sexual harassment, but enforcement was rare. The penal code provides no penalty for sexual harassment, although the court may order a person accused of such conduct to “keep a bond of peace,” which allows the court to assess a fine if the harasser fails to cease the harassment.

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

Discrimination: Although society is largely matriarchal, the law provides for the same legal status and rights for men as for women, including equal treatment under family, property, nationality, and inheritance laws. While unwed mothers were the societal norm, the law requires fathers to support their children financially. The Employment Act, as amended in 2015, provides fathers with five days of paid paternity leave upon the birth of a child.

There was no officially sanctioned economic discrimination against women in employment, access to credit, equal pay for equal work, or owning or managing a business. Women were well represented in both the public and private sectors. Inheritance laws do not discriminate against women.

Children

Birth Registration: Citizenship is derived by birth in the country or from parents, and births were generally registered immediately.

For additional information, see Appendix C.

Child Abuse: Although the law prohibits physical abuse of children, child abuse was a problem. Physical abuse of children was prevalent. The strongest public advocate for young victims was a semiautonomous agency, the National Council for Children. A December 2017 amendment to the Education Act prohibits corporal punishment in schools.

Early and Forced Marriage: The minimum age for marriage is 15 years for girls with parental consent. The legal age for a girl to get married without parental consent is 18. Boys may legally marry at 18, and the law does not provide for parental consent before that age. Child marriage was not a significant problem.

Sexual Exploitation of Children: The penal code, the Children’s Act, and other laws criminalize the prostitution and sexual exploitation of children and specifically prohibit the procurement, recruitment, or exploitation of children younger than age 18 for the purpose of prostitution. The law also prohibits the detention of any child against his or her will with the intent to engage the child in sexual conduct. The law provides for a sentence of 14 years’ imprisonment for a first conviction of sexual assault on a person younger than age 15 and 28 years’ imprisonment for a second conviction, but the presiding judge may reduce these sentences.

The 2014 Prohibition of Trafficking in Persons Act prescribes penalties of up to 25 years’ imprisonment and a fine up to 800,000 Seychellois rupees ($59,000) for a child trafficking conviction. There were previous credible reports of commercial sexual exploitation of children. No cases of child pornography, which is illegal, were reported during the year.

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 https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

The Jewish community numbered fewer than 10 persons. 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

Although the constitution and law provide for the right of persons with physical, sensory, intellectual, and mental disabilities to special protection, including reasonable provisions for improving quality of life, no laws provide for access to public buildings, transportation, or government services, and the government does not provide such services. Unlike in previous years, employed persons with disabilities were paid their salaries in full. Most children with disabilities were segregated in specialized schools. The National Council for the Disabled, a government agency under the Ministry of Family Affairs, developed work placement programs for persons with disabilities, although few employment opportunities existed.

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

In 2016 consensual same-sex sexual activity between men was decriminalized. There were few reports of discrimination against lesbian, gay, bisexual, transgender, and intersex persons although activists claimed that discrimination and stigma was common.

HIV and AIDS Social Stigma

There were no reports of violence or discrimination against persons with HIV/AIDS. Unlike in previous years, foreign citizens marrying a Seychellois were no longer required to undergo an HIV test. An independent National AIDS Council oversees all laws, policies, and programs related to HIV and AIDS.

Section 7. Worker Rights

The law allows all workers, excluding police, military, prison, and firefighting personnel, to form and join independent unions and to bargain collectively. The law confers on the registrar discretionary powers to refuse registration of unions. A new union, the Labor Union, was formed in 2017. Strikes are illegal unless arbitration procedures are first exhausted. Legislation requires that two-thirds of union members vote for a strike in a meeting specifically called to discuss the strike, and provides the government with the right to call for a 60-day cooling-off period before a strike starts. The law provides for the minister responsible for employment to declare a strike unlawful if its continuance would endanger “public order or the national economy.” Anyone found guilty of calling for an illegal strike may be fined 5,000 rupees ($368) and imprisoned for up to six months.

Between 15 percent and 20 percent of the workforce was unionized. The law prohibits antiunion discrimination. It does not specifically state the rights of foreign or migrant workers to join a union. The government has the right to review and approve all collective bargaining agreements in the public and private sectors. The law also imposes compulsory arbitration in all cases where negotiating parties do not reach an agreement through collective bargaining. In the Seychelles International Trade Zone (SITZ), the country’s export processing zone, the government did not require adherence to all labor, property, tax, business, or immigration laws. The Seychelles Trade Zone Act supersedes many legal provisions of the labor, property, tax, business, and immigration laws. The Employment Tribunal handles employment disputes for private sector employees. The Public Services Appeals Board handles employment disputes for public sector employees, and the Financial Services Agency deals with employment disputes of workers in SITZ. The law authorizes the Ministry of Employment, Immigration, and Civil Status to establish and enforce employment terms, conditions, and benefits, and workers frequently obtained recourse against their employers through the ministry or the employment tribunal.

The government did not effectively enforce applicable laws. Penalties levied came in the form of fines and were often inadequate to deter violations. Cases involving citizens were often subject to lengthy delays and appeals, while foreigners were often deported.

The government respected the right to participate in union activities and collective bargaining. The International Labor Organization continued to report insufficient protection against acts of interference and restrictions on collective bargaining. It urged the government to review provisions of the Industrial Relations Act concerning trade union registration and the right to strike. The law allows employers or their organizations to interfere by promoting the establishment of worker organizations under their control. Collective bargaining rarely occurred.

The law prohibits all forms of forced or compulsory labor, but government enforcement was ineffective. Penalties levied for violations included imprisonment of up to 14 years for conviction of committing this crime against an adult and up to 25 years’ imprisonment if committed against a child. These penalties were not sufficient to deter violations. Resources, inspections, and remediation were also inadequate. There were credible reports that forced labor occurred in the fishing, agriculture, and construction sectors, where most of the country’s nearly 19,000 migrants worked. Two cases of forced labor were prosecuted under the Employment Act and two cases under the 2014 Prohibition of Trafficking in Persons Act. There were several reports by the Association of Rights Information and Democracy concerning cases of forced labor, appalling living conditions, and nonpayment of salaries.

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

The law prohibits the worst forms of child labor and states the minimum age for employment is 15 years, “subject to exceptions for children who are employed part time in light work prescribed by law without harm to their health, morals, or education.” The law establishes a minimum age of 15 for hazardous work and defines what constitutes hazardous work. The law, however, fails to provide for children performing hazardous work to receive adequate training and does not protect the health and safety of these children in accordance with international standards.

The government generally enforced the laws, and the Ministry of Employment, Immigration, and Civil Status effectively enforced child labor laws. The penalty for employing a child younger than age 15 is a fine of 6,000 rupees ($443), unless an exception applies, which was sufficient to deter violations. The ministry handled such cases but did not report any case requiring investigation during the year.

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 on the basis of race, sex, religion, gender, political opinion, national origin or citizenship, social origin, disability, language, sexual orientation or gender identity, HIV-positive status or having other communicable diseases, or social status. The law does not address age or color.

The government effectively enforced these laws and regulations. Penalties levied came in the form of fines and were sufficient to deter violations.

Employment discrimination generally did not occur. Women received equal pay for equal work, as well as equal access to credit, business ownership, and management positions.

The government set mandatory minimum wage rates for employees in both the private and public sectors. The Ministry of Finance, Trade, and Economic Planning set the minimum wage at 33.30 rupees ($ 2.45) per hour or 5,050 rupees ($372) per month for all workers. Employers, however, generally established wages through an individual agreement with the employee. According to a 2013 National Bureau of Statistics Seychelles/World Bank report, Poverty Profile of the Republic of the Seychelles, the monthly poverty income level was 3,945 rupees ($293) per adult (at an average 50-hour work week at the minimum wage, the monthly income would be 6,660 rupees ($491).

The legal maximum workweek varied from 45 to 55 hours, depending on the economic sector. Regulations entitled each full-time worker to a one-hour break per day and a minimum of 21 days of paid annual leave, including paid annual holidays. Regulations permitted overtime up to 60 additional hours per month. The law requires premium pay for overtime work.

The Ministry of Health sets comprehensive occupational health and safety regulations, which are up-to-date and appropriate for the main industries. The law allows citizen workers to remove themselves from dangerous or unhealthy work situations, to report the employer to the Health and Safety Commission of the Department of Employment, and to seek compensation without jeopardizing their employment. The law provides for the protection of foreign workers.

The government generally supported these standards but did not effectively enforce them in all sectors. Resources, inspections, and remediation were inadequate. Penalties levied for violations included a fine of 10,000 rupees ($737) plus additional daily fines for noncompliance, as detailed in the Occupational Safety and Health Decree. These penalties were not sufficient to deter violations.

The Ministry of Health and the Department of Employment are responsible for visiting and inspecting worksites and workers’ accommodations. There were 13 safety and health inspectors in the country, an insufficient number to enforce compliance with health and safety laws.

Foreign workers, primarily employed in the construction and commercial fishing sectors, did not always enjoy the same legal protections as citizens. Companies in SITZ at times paid foreign workers lower wages, delayed payment of their salaries, forced them to work longer hours, and provided them with inadequate housing, resulting in substandard conditions.

There were 84 occupational accidents reported from January to December 2017. These accidents occurred most frequently in the accommodation and food services sector, hotel and restaurant, transport, and storage industries.

Sierra Leone

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

Women

Rape and Domestic Violence: The law criminalizes rape of both men and women and a conviction is punishable by between five and 15 years’ imprisonment. Rape was common and viewed more as a societal norm than a criminal problem. The law specifically prohibits spousal rape. Indictments were rare, especially in rural areas. A reluctance to use the judicial system by both victims and law enforcement officials, combined with women’s lack of income and economic independence, helped perpetuate violence against women and impunity for offenders. Despite the establishment of the Family Support Unit (FSU) of the SLP and the existence of applicable legislation, reports of rapes, especially involving child victims, steadily increased.

Violent acts against women, especially wife beating and spousal rape, were common and often surrounded by a culture of silence. Conviction of domestic violence is punishable by a fine not exceeding five million leones ($685) and two years’ imprisonment. Victims seldom reported domestic violence due to their fear of social stigma and retaliation. First Lady Fatima Jabbie-Bio, and NGOs such as the Rainbo Center actively promoted public awareness, calling on men to refrain from violence against women.

The HRCSL observed that the incidence of sexual and gender-based violence continued to rise while arrests and convictions of perpetrators were negligible. A psychosocial worker of the NGO Rainbo Center blamed the structure of the justice system and lengthy court processes for the delay in accessing justice.

In May Rainbo Center reported low conviction rates in prosecuting perpetrators of rape and sexual violence. In May the spokesperson for the country’s judiciary reported that most of the viable cases in the last two criminal sessions of the High Court were for rape.

Medical and psychological services for rape victims were limited. Police often required victims to obtain a medical report for the filing of charges, but most government doctors charged fees that were prohibitively expensive for the victims. Although the law provides that the victim of a sexual offense shall be entitled to free medical treatment and medical reports, many victims had to pay for these medical services.

Female Genital Mutilation/Cutting (FGM/C): The law does not prohibit FGM/C for women and girls. UNICEF data from 2014, the most recent available, reported that nine of 10 women and girls had undergone the procedure. In the lead up to the March elections, the minister of local government and rural development banned secret society initiation activities, including female genital mutilation (FGM/C), until after the elections. The government stated that the ban was to ensure the peaceful conduct of the elections. In July the Ministry of Social Welfare, Gender, and Children’s Affairs signed a memorandum of understanding with the Soweis and other traditional leaders who practice FGM/C, whereby the traditional leaders committed not to initiate minors younger than 18 years of age. The FSU reported no new cases of FGM/C during initiation of girls younger than 18 years of age from August 2017 through the year’s end, although anecdotal evidence suggests that the practice has not been entirely abandoned.

For more information, see Appendix C.

Sexual Harassment: The law criminalizes sexual harassment, but authorities did not always effectively enforce it. It is unlawful to make unwanted sexual advances, repeatedly follow or pursue others against their will, initiate repeated and unwanted communications with others, or engage in any other “menacing” behavior. Conviction of sexual harassment is punishable by a fine not exceeding 14.3 million leones ($1,660) or imprisonment not exceeding three years. No reliable data was available on the prevalence of sexual harassment.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. See Appendix C for information on maternal mortality.

Discrimination: The law provides for the same legal status and rights for men and women under family, labor, property, and inheritance laws. Women continued to experience discriminatory practices. Their rights and positions are largely contingent on customary law and the ethnic group to which they belong. The law provides for both Sierra Leonean fathers and mothers to confer nationality to children born abroad. The law provides for equal remuneration for equal work without discrimination based on gender. Either spouse may acquire property in their own right, and women may obtain divorce without being forced to relinquish dowries.

The Ministry of Social Welfare, Gender, and Children’s Affairs reported that women faced widespread societal discrimination, particularly in matters of marriage, divorce, property, and inheritance, which are guided by customary law in all areas except Freetown. Formal laws apply in customary as well as formal courts, but customary judges had limited or no legal training and often were unaware of formal laws or chose to ignore them. Women’s rights and status under customary law varied significantly depending upon the ethnic group to which they belonged, but such rights and status were routinely inferior to those of men. Under customary law, women’s status in society is equal to that of a minor. Women were frequently perceived to be the property of their husbands, to be inherited on his death with his other property.

Discrimination occurred in access to credit, equal pay for similar work, and the ownership and management of a business. Women did not have equal access to education, economic opportunities, health facilities, or social freedoms. In rural areas, women performed much of the subsistence farming and had little opportunity for formal education. Women also experienced discrimination in access to employment, and it was common for an employer to dismiss a woman if she became pregnant during her first year on the job. The law does not prohibit dismissal of pregnant workers based on pregnancy.

The Ministry of Social Welfare, Gender, and Children’s Affairs has a mandate to protect the rights of women, but most international and domestic NGOs asserted the ministry did not have the resources, infrastructure, and support of other ministries to handle its assigned projects effectively. The ministry routinely relied on the assistance of international organizations and NGOs to help combat women’s rights violations.

Children

Birth Registration: Although the constitution states that it prohibits discrimination based on race, tribe, gender, place of origin, political opinion, color, and religion, the constitution denies citizenship at birth to persons who are not of “Negro-African descent.” Non-Africans who have lived in the country for at least eight years (two years for foreigners married to Sierra Leonean citizens) may apply for naturalization, subject to presidential approval. Citizenship derived by birth is restricted to children with at least one parent or grandparent of Negro-African descent who was born in Sierra Leone. Children not meeting the criteria must be registered in their parents’ countries of origin.

Birth registration was not universal due to outdated birth registration laws and inadequate staffing of government registry facilities. Lack of registration did not affect access to public services or result in statelessness. For additional information, see Appendix C.

Education: Despite President Maada Bio’s Free and Quality Education Program enacted in August as part of his attempt to follow through on campaign promises, pregnant girls continued to be prohibited from attending classes and taking examinations with other students on the grounds that they were a “bad moral influence.”

Child Abuse: A pattern of violence against and abuse of children existed, and according to the FSU, it increased between January and August compared with previous years. The FSU reported the following forms of child abuse to be on the increase: sexual violence, abandonment, and trafficking. FSU personnel were trained in dealing with sexual violence against children, and cases of child sexual abuse generally were taken more seriously than adult rape cases.

Early and Forced Marriage: The legal minimum age of marriage is 18. According to UNICEF, child marriage is a major restriction on girls’ education. According to UNICEF’s world children report of 2017, 39 percent of girls in the country are married before their 18th birthday. The report stated that child marriage in the country is linked to poverty, lack of education, and geographical area. On August 9, the Ministry of Social Welfare, Gender, and Children, LAB, and the Sierra Leone Police interrupted an underage marriage and arrested parents who acted contrary to law. The government is currently implementing “Let Girls be Girls, Not Mothers,” a two-year national strategy to reduce teenage pregnancy. On July 17, the Inter-Religious Council promised not to conduct any marriage when members think the bride is younger than the age of 18.

According to UNICEF the country is one of 12 selected to be part of the United Nations Population Fund and UNICEF’s global program to accelerate action to end child marriage and teenage pregnancy, which are still major challenges.

Sexual Exploitation of Children: The minimum age of consensual sex is 18. Although the law criminalizes sexual exploitation of children, the sale of children, and child trafficking, including child pornography, enforcement remained a problem and conviction numbers remained low. In many cases of sexual assault of children, parents accepted payment instead of taking the perpetrator to court due to difficulties dealing with the justice system, fear of public shame, and economic hardship.

According to a UNICEF case study in 2017, the FSU of the Sierra Leone Police estimated more than 1,000 children experience sexual violence in the country each year. The World Vision 2017 Research report confirms that sexual violence, including verbal and emotional abuse, inappropriate touching, physical harassment, and rape, continued to surge and affects 13.2 percent of boys and 21.5 percent of girls. The same study stated that the perpetrators of sexual abuse and exploitation are normally persons who live in the same community and are known to the children, with more than one-third being either a close relative or an extended relative.

Displaced Children: The NGO Needy Child International reported that during the year approximately 50,000 children worked and lived on the street, with 45,000 of them engaged in artisanal gravel production in the Western Area.

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

Anti-Semitism

There was no Jewish community, 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 Persons With Disabilities Act prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment and provision of state services, including judicial services. The government did not effectively implement laws and programs to provide access to buildings, information, and communications. The government-funded Commission on Persons with Disabilities is charged with protecting the rights and promoting the welfare of persons with disabilities. Given the high rate of general unemployment, work opportunities for persons with disabilities were limited, and begging was commonplace. Children with disabilities were also less likely to attend school than other children.

There was considerable discrimination against persons with mental disabilities. The vast majority of persons with mental disabilities received no treatment or public services. The Sierra Leone Psychiatric Hospital in Kissy, the only inpatient psychiatric institution that served persons with mental disabilities, was underfunded. Authorities reported that only one consulting psychiatrist was available, patients were not provided sufficient food, and restraints were primitive and dehumanizing. The hospital lacked running water and had only sporadic electricity. Only basic medications were available.

The Ministry of Health and Sanitation is responsible for providing free primary health-care services to persons with polio and diabetic retinopathy as well as those who are blind or deaf. The ministry did not provide these services consistently, and organizations reported many persons with disabilities had limited access to medical and rehabilitative care. The Ministry of Social Welfare, Gender, and Children’s Affairs has a mandate to provide policy oversight for issues affecting persons with disabilities but had limited capacity to do so.

National/Racial/Ethnic Minorities

The population included 18 ethnic groups of African origin. In addition there were significant Lebanese and Indian minorities and small groups of European and Pakistani origin. Little ethnic segregation was apparent in urban areas, where interethnic marriage was common. The two largest ethnic groups were the Themne in the North and the Mende in the South. Each group constituted approximately 30 percent of the population. Strong ethnic loyalties, bias, and stereotypes existed among all ethnic groups. Ethnic loyalty was an important factor in the government, the armed forces, and business. Complaints of ethnic discrimination in government appointments, contract assignments, and military promotions were common.

Residents of non-African descent faced some institutionalized discrimination, particularly in the areas of citizenship and nationality (see sections 3, Participation of Women and Minorities, and 6, Children, Birth Registration).

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

A law from 1861 prohibits male-to-male sexual acts, but there is no legal prohibition against female-to-female sex. The 1861 law, which carries a penalty of life imprisonment for “indecent assault” upon a man or 10 years for attempting such an assault, was not enforced. The constitution does not offer protection from discrimination based on gender identity or sexual orientation. Sexual orientation and gender-identity civil society groups alleged that because the law prohibits male-to-male sexual activity, the law limits lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons from exercising their freedoms of expression and peaceful assembly. The law, however, does not restrict the rights of persons to speak out on LGBTI human rights. No hate crime laws cover bias-motivated violence against LGBTI persons. The law does not address transgender persons.

A few organizations, including Dignity Association, supported LGBTI persons, but they maintained low profiles. LGBTI groups alleged that police were biased against them.

The NGO Dignity Association reported that the LGBTI community faced challenges ranging from violence, stigma, discrimination, blackmailing, and public attack to denial of public services such as healthcare and justice. The NGO reported nine cases of discrimination against two staff members and a police officer in Bo during the year. It reported that three LGBTI persons were subjected to physical violence, denied medical service, and evicted from their houses due to their LGBTI status.

In the areas of employment and education, sexual orientation or gender identity were bases for abusive treatment, which led individuals to leave their jobs or courses of study. It was difficult for LGBTI individuals to receive health services–many chose not to seek medical testing or treatment due to fear their right to confidentiality would be ignored. Obtaining secure housing was also a problem for LGBTI persons. Families frequently shunned their LGBTI children, leading some to turn to sex work to survive. Adults could have their leases terminated if their LGBTI status became public. Women in the LGBTI community reported social discrimination from male LGBTI persons and the general population. On June 9, authorities expelled two female secondary school students for kissing each other in public. Dignity Association reported that after NGOs expressed concerns to school authorities about the expulsions, the authorities agreed to allow the girls to return to the school.

As of August there was no information regarding any official action by government authorities to investigate or punish public entities or private persons complicit in abuses against LGBTI persons.

HIV and AIDS Social Stigma

The law prohibits discrimination based on actual, perceived, or suspected HIV status, but society stigmatized persons with HIV/AIDS. The Network of HIV Positive in Sierra Leone (NETHIP-SL) in December 2017 informed stakeholders and government officials that HIV/AIDS stigma was on the increase. NETHIP-SL reported that adults with HIV/AIDS lacked employment and promotion opportunities. There were also reports men often divorced their wives due to HIV/AIDS status, leaving the latter without financial support. Authorities from the National AIDS Secretariat reported that 3,352 children were infected with HIV. NETHIP-SL reported children were denied access to education because of their HIV status and the issue of children with HIV/AIDS had been missing in the HIV/AIDS prevention process.

Section 7. Worker Rights

The law allows workers in both the public and private sectors to join independent unions of their choice without prior authorization, bargain collectively, and conduct legal strikes, but it prohibits police and members of the armed services from joining unions or engaging in strike actions. The law allows workers to organize but does not prohibit discrimination against union members or prohibit employer interference in the establishment of unions. The government can require that workers provide written notice to police of intent to strike at least 21 days before the planned strike. The law prohibits workers at certain specified public utilities from going on strike. Labor union officials, however, pointed out that public utility workers frequently went on strike (and were in fact among those union employees most likely to strike), the legal prohibition notwithstanding.

The government generally protected the right to collectively bargain. Collective bargaining was widespread in the formal sector, and most enterprises were covered by collective bargaining agreements on wages and working conditions. Although the law protects collective bargaining activity, the law required that it must take place in trade group negotiating councils, each of which must have an equal number of employer and worker representatives. There were no other limits on the scope of collective bargaining or legal exclusions of other particular groups of workers from legal protections.

While labor unions reported that the government generally protected the right of workers in the private sector to form or join unions, the government has never been called upon to enforce applicable laws through regulatory or judicial action.

The government generally respected freedom of association. All unions were independent of political parties and the government. In some cases, however, such as the Sierra Leone Teachers’ Union, the union and government had a close working relationship, and the Sierra Leone Labor Congress enjoyed a cordial relationship with the government.

The government did not adopt provisions with sufficiently effective penalties for the protection of workers and workers’ organizations against acts of antiunion discrimination and acts of interference.

The law prohibits all forms of forced and compulsory labor, including by children. Penalties for both sex and labor trafficking include fines and imprisonment, but enforcement was insufficient to deter violations. Under a provision of the Chiefdom Councils Act, individual chiefs may impose forced labor (compulsory cultivation) as punishment and have done so in the past. Chiefs also required villagers to contribute to the improvement of common areas. There is no penalty for noncompliance.

The government did not effectively enforce the antitrafficking in persons law, hindered by judicial inefficiencies and procedural delays.

Men, women, and child victims of forced labor originated largely from rural provinces within the country and were recruited to urban areas for artisanal and granite mining, petty trading, rock breaking, and begging (see also section 7.c. and section 6, Sexual Exploitation of Children). The Ministry of Social Welfare, Gender, and Children’s Affairs reported it was aware of trafficking, domestic service, mining, or other activities, but it had no specific data on these forms of forced or compulsory labor.

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

The law limits child labor, allowing light work at age 13; however, it does not specify the conditions or hours for “light work,” full-time nonhazardous work at 15, and hazardous work at 18. The law states that children younger than age 13 should not be employed in any capacity. Provided they have finished schooling, children age 15 may be apprenticed and employed full time in nonhazardous work. A government policy, however, continues to prohibit girls who were pregnant from attending public school, making them more vulnerable to the worst forms of child labor. The law also proscribes work by any child younger than age 18 between 8 p.m. and 6 a.m.; the law does not limit the number of hours of light work. While the law does not stipulate specific conditions of work, such as health and safety standards, it prohibits children younger than age 18 from being engaged in hazardous work, that is, work that poses a danger to the health, safety, and “morals” of a person, including going to sea; mining and quarrying; porterage of heavy loads; chemicals manufacturing; work in places where machines are used; and work in places such as bars, hotels, and places of entertainment where a child may be exposed to “immoral behavior.” The SLP Criminal Investigations Department reported the arrest of 31 Chinese nationals in northern part of the country for illegal gold mining and for systematically using minors as sex slaves and subjecting boys and men to inhuman working conditions. The law prohibits the worst forms of child labor. The prohibitions on hazardous work for children do not adequately cover the sectors where child labor is known to occur.

In remote villages, children were forced to carry heavy loads as porters, which contributed to stunted growth and development. There were reports that children whose parents sent them to friends or relatives in urban areas for education were forced to work on the street, where they were involved in street vending, stealing, and begging.

Through August neither the Ministry of Labor and Social Security nor the Ministry of Mines and Mineral Resources provided training for labor inspectors to monitor child labor. The government did not effectively enforce applicable child labor-related laws, in part due to lack of funding and limited numbers of labor inspectors in areas where child labor is prevalent. The penalty for employing children in hazardous work or violating the age restrictions under the Child Rights Act was not sufficient to deter violations.

Child labor remained a widespread problem and law enforcement was weak. According to the NGO Global Trade Unionist, 71.6 percent of children between the ages of 5 and 14 were working, either in paid or unpaid labor. Children could be found on the streets selling water, groundnuts, cucumbers, and other items. Child labor in the country increased every day. Children engaged in exploitive labor activities, including petty trading, carrying heavy loads, breaking rocks, harvesting sand, begging, diamond mining, deep-sea fishing, agriculture (production of coffee, cocoa, and palm oil), domestic work, commercial sexual exploitation, scavenging for scrap metal and other recyclables, and other age-inappropriate forms of labor under hazardous conditions. Larger companies enforced strict rules against child labor, but it remained a pressing issue in small-scale informal artisanal diamond and gold mining.

As in previous years, many children worked alongside parents or relatives and abandoned educational or vocational training. In rural areas children worked seasonally on family subsistence farms. Children also routinely assisted in family businesses and worked as petty vendors. There were reports that adults asked orphanages for children to work as household help. Because the adult unemployment rate remained high, few children were involved in the industrial sector or elsewhere in the formal economy.

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 most discrimination with respect to employment and occupation. The constitution prohibits discrimination based on religion, national origin or citizenship, social origin, age, language, HIV status or that of other communicable diseases, sexual orientation, or gender identity. NGOs at times expressed concerns that discrimination appeared to occur based on sex, disability, sexual orientation, and gender identity with respect to employment and occupation.

As of August 31, there was no information available on whether the government enforced the applicable provisions regarding combatting discrimination at workplaces.

There is a national minimum wage, including in the informal sector, of 500,000 leones ($68) per month, which falls below the basic poverty line in the country. The Ministry of Labor and Social Security is responsible for enforcing labor laws, including the minimum wage, but the number of labor inspectors was insufficient to enforce compliance.

Although not stipulated by law, the standard workweek was 40 hours (60 hours for security personnel). There is no statutory definition of overtime wages to be paid if an employee’s work hours exceeded the standard workweek. There is no prohibition on excessive compulsory overtime or a requirement for paid leave or holidays.

Initially, a union can make a formal complaint about a hazardous working condition; if the complaint is rejected, the union may issue a 21-day strike notice. The law also requires employers to provide protective clothing and safety devices to employees whose work involves “risk of personal safety or potential health hazard.” The law protects both foreign and domestic workers. The law does not provide workers with the right to remove themselves from situations that endanger their health or safety without jeopardy to their employment, and the government took no steps to protect employees who so acted.

The occupational safety and health (OSH) regulations were outdated and under review by the Ministry of Labor and Social Security. The government did not effectively enforce these standards in all sectors. Although the responsibility for identifying unsafe situations remains with an OSH expert and not the worker, the small number of labor inspectors was insufficient to enforce compliance.

According to the Ministry of Labor and Social Security, labor laws and standards continued to be violated primarily due to lack of resources, corruption, and lack of law enforcement, rather than the deterrent effect, or lack thereof, of the penalties. Minimum wage compliance was particularly difficult to monitor in the informal sector. Most workers supported an extended family. It was common to pool incomes and to supplement wages with subsistence farming and child labor.

Violations of wage, overtime, and occupational safety and health standards were most frequent within the artisanal diamond-mining sector. Violations were common in the case of street vendors and market-stall workers, rock crushers, and day laborers, many of whom migrated to Freetown to seek employment and were vulnerable to exploitation. There were numerous complaints of unpaid wages and lack of attention to injuries sustained on the job, but victims often did not know where to turn for recourse and as a result their complaints went unresolved.

Singapore

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

Women

Rape and Domestic Violence: Rape is a crime, with maximum penalties of 20 years’ imprisonment and the possibility of caning. By law only a man can commit rape. A man cannot legally be a victim of rape but may be the victim of unlawful sexual penetration, which carries the same penalties as rape. Spousal rape is generally not a crime, but husbands who force their wives to have intercourse may be prosecuted for other offenses, such as assault. Spousal rape is a criminal offense when the couple is separated, subject to an interim divorce order that has not become final, or subject to a written separation agreement, as well as when a court has issued a protection order against the husband. Domestic violence is a crime. Victims may obtain court orders restraining the respondent and barring the spouse or former spouse from the home until the court is satisfied the spouse has ceased aggressive behavior.

Twenty-one women’s and social sector groups issued a joint press release signaling their strong support for repealing marital immunity for rape.

In March parliament amended the Criminal Procedure Code and the Evidence Act to increase protection for victims of sexual crimes and child abuse within the judicial system. Identity protection orders became mandatory from the time a police report is lodged. Victims of sexual crimes may video-record their testimony instead of having to recount it in person. Victims may testify in closed-door hearings, with physical screens to shield them from the accused person. Lawyers may not ask questions about a victim’s sexual history, unless the court grants them permission to do so.

Several voluntary welfare organizations that assisted abused women noted that gender-based violence was under-reported, which they said was the result of social stigma and a lack of understanding among the population at large as well as among police. The press gave prominent coverage to several instances of abuse or violence against women.

Welfare and advocacy organization AWARE, which operated a specialized care service for survivors of sexual violence, collaborated with police to develop a training video. The video, first used in the reporting year, helped police understand how victims of sexual crime feel, why they behave in certain ways, and how police and other first responders can assist them effectively.

Female Genital Mutilation/Cutting (FGM/C): Type I (a) (as classified by the World Health Organization) female genital mutilation/cutting was practiced among a small portion of the Muslim population. Referred to locally as “ceremonial” female circumcision, it was undertaken as a standardized procedure by designated doctors under the supervision of the Muslim Healthcare Professionals Association. There was no legislation banning FGM/C.

Sexual Harassment: Harassment is a crime and the law includes harassment within and outside the workplace, cyberbullying, and bullying of children. The law also prescribes mandatory caning and minimum of two years’ imprisonment on conviction on any charge of “outraging modesty” that causes the victim to fear death or injury. The law also subjects persons convicted of using threatening, abusive, or insulting words or behavior to maximum fines of 5,000 SGD ($3,650). It also provides a range of self-help measures, civil remedies, and enhanced criminal sanctions to protect against harassment. Additionally, stalking is an offense punishable with a maximum fine of 5,000 SGD ($3,650), imprisonment for up to 12 months, or both.

In February police highlighted sexual molestation on public transport as a concern. Outrage of modesty advisory posters were placed in buses and in subway stations, and public education videos screened on subway platforms. The police “Citizens on Patrol” program expanded its presence to the subway system, where volunteers gave out flyers raising awareness about molestation. In February and again in May, media reported cases in which a woman who was molested while traveling by bus enlisted the help of the bus driver and commuters to detain the alleged perpetrator until police arrived.

According to police statistics, outrage of modesty incidents increased by more than 21 percent in the first six months of the year (compared to the same period in 2017 (from 685 to 832 cases). AWARE reported that government campaigns encouraging women to report sexual molestation led to the increase. Media gave significant coverage to sexual harassment convictions throughout the year, and several members of parliament urged the government to address sexual harassment in the workplace more actively.

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

Discrimination: Women enjoy the same legal rights as men, including civil liberties, employment, commercial activity, and education. Women were well represented in many professions (see section 7.d.).

No laws mandate nondiscrimination in hiring based on gender; prohibit employers from asking questions about a prospective employee’s family status during a job interview; require flexible or part-time work schedules for employees with minor children; or establish public provision of childcare. The Ministry of Manpower set aside 30 million SGD ($21.9 million) to help employers implement flexible workplace practices.

Polygyny is permitted for Muslim men but is limited and strictly regulated by the Syariah Court and the Registry of Muslim Marriages, which oversees Muslim marriages and other family law matters. Polygynous marriages constituted 0.2 percent of Muslim marriages.

Both men and women have the right to initiate divorce proceedings.

Children

Birth Registration: Citizenship derives from one’s parents. The law requires that all births be registered within 14 days.

Child Abuse: The law criminalizes mistreatment of children, including physical, emotional, and sexual abuse. The government enforced the law and provided support services for child-abuse victims.

Early and Forced Marriage: The law characterizes unmarried persons younger than 21 years as minors and persons younger than 14 as children. Individuals younger than 21 who wish to marry must obtain parental consent, and the couple must attend a mandatory marriage preparation program. Individuals younger than 18 also require a special license from the Ministry of Social and Family Development to wed or, if they are marrying under Muslim law, they require permission from the kadi (a Muslim judge appointed by the president), who will grant permission only under special conditions.

Sexual Exploitation of Children: The law criminalizes human trafficking, including child sex trafficking, and authorities enforced the law.

The age of consent for noncommercial sex is 16 years. Sexual intercourse with a person younger than 16 is punishable by a maximum of 10 years in prison, a fine, or both, and if the victim is 14 or younger punishable by as long as 20 years in prison and a fine or caning.

Authorities may detain (but generally do not prosecute) persons younger than 18 whom they believe to be engaged in prostitution. They prosecute those who organize or profit from prostitution, bring women or girls to the country for prostitution, or coerce or deceive women or girls into prostitution. The law is ambiguous regarding employment of persons ages 16 to 18 in the production of pornography.

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/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

Although estimates varied widely, the government estimated there were approximately 2,500 members 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

There is no comprehensive legislation addressing equal opportunities for persons with disabilities in education or employment. Electoral law allows voters who are unable to vote in the manner described by law to receive assistance from election officials to mark and cast their ballots.

In December 2017 a couple was imprisoned after the severe abuse they inflicted on their intellectually disabled roommate over a period of eight months resulted in her death. Tan Hui Zhen was jailed for 16 years and six months and her husband, Pua Hak Chuan, was jailed for 14 years and given 14 strokes of the cane for causing grievous hurt with a weapon to Annie Ee Yu Lian. The case gained national attention due to the victim’s vulnerability, and a national petition called for harsher punishments for the pair.

The Ministry of Social and Family Development is responsible for protecting the rights of persons with disabilities and coordinates implementation of the government’s 2017-2021 policy plan for programs and services in the disability sector, which focuses on greater inclusiveness. The ministry began implementing the policy plan in January.

The government maintained a comprehensive code on barrier-free accessibility, established standards for facilities for persons with physical disabilities in all new buildings, and mandated the progressive upgrading of older structures. SG Enable, established by the Ministry of Social and Family Development, administered several assistance schemes for persons with disabilities, and provided a job training and placement program for them.

The Disabled People’s Association, an advocacy group, reported private discrimination against persons with disabilities who were seeking employment.

The country provided a high level of educational support for children and minors with disabilities from preschool to university. Elementary and secondary levels both included mainstreaming programs and separate education schools. All primary schools and the majority of secondary schools had specialist support for students with mild disabilities. Mainstreaming programs catered primarily to children with physical disabilities. Separate education schools, which focused on children who required more intensive and specialized assistance, were operated by social service organizations and involved a means-tested payment of fees. The Special Educational Needs Support Offices, established in all publicly funded tertiary education institutions including universities, provided support for students. Informal provisions permitted university matriculation for those with visual, hearing, or physical disabilities through assistive technology devices and services such as note taking.

In the 2015 general election, voters with visual disabilities could cast their vote independently with stencils. The Disabled People’s Association recommended that persons with disabilities be permitted to choose who would assist them to mark and cast their ballots.

National/Racial/Ethnic Minorities

Ethnic Malays constituted approximately 13 percent of the population. The constitution recognizes them as the indigenous persons of the country and charges the government to support and promote their political, educational, religious, economic, social, cultural, and language interests. The government took steps to encourage greater educational achievement among Malay students and upgrading of skills among Malay workers, including through subsidies for tertiary education fees for poorer Malays. Malay educational performance has improved, although ethnic Malays have not yet reached the educational or socioeconomic levels achieved by the ethnic Chinese majority, the ethnic Indian minority, or the Eurasian community. Malays remained underrepresented at senior corporate levels and, some asserted, in certain sectors of the government and the military. This reflected their historically lower educational and economic levels, but some argued it also was a result of employment discrimination.

The Presidential Council on Minority Rights examines all pending bills to ensure they do not disadvantage any particular group. It also reports to the government on matters that affect any racial or religious community.

Government policy designed to facilitate interethnic harmony and prevent the formation of racial enclaves enforced ethnic ratios, applicable for all ethnic groups, to all forms of public housing.

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

Section 377A of the penal code criminalizes male-to-male sexual relations, subject to up to two years’ imprisonment. The law does not criminalize female-to-female sexual relations. Authorities have not enforced the section for several years and stated that they will not do so. The prime minister and the minister for home affairs and law have said they personally are not opposed to male-to-male sexual relations. There were no indications the law was used intentionally to intimidate or coerce. The law’s existence, however, intimidates some gay men, particularly those who are victims of sexual assault but who will not report it to the police for fear of being charged with violating Section 377A.

No laws explicitly protect the LGBTI community from discrimination based on sexual orientation. Moreover, since single persons are prevented from purchasing government housing reserved for married couples until age 35, LGBTI persons, were unable to receive certain government services and benefits available to other citizens before reaching 35.

In September disc jockey Johnson Ong filed a constitutional challenge to Section 377A on the grounds it violates the right to “life and personal liberty” and the right to equality. The challenge argues that sexual orientation “is unchangeable or suppressible at unacceptable personal cost” and that the law applies only to sex between two men and not between two women. The High Court held a pretrial conferences in September.

LGBTI persons may experience discrimination in the military, which classifies individuals by sexual orientation and evaluates them on a scale of “effeminacy” to determine fitness for combat training and other assignments. Openly gay servicemen faced threats and harassment from their peers and were often ostracized.

A requirement that applicants for government employment declare their sexual orientation on job applications is no longer required.

Individuals were prohibited from updating their gender on official unless they underwent sex reassignment surgery.

Media censorship perpetuated negative stereotypes of LGBTI individuals by restricting portrayals of LGBTI life. The IMDA censored films and television shows with LGBTI themes. According to the IMDA website, authorities allow the broadcast of LGBTI themes on television “as long as the presentation does not justify, promote, or glamorize such a lifestyle” (see section 2.a.).

HIV and AIDS Social Stigma

Some persons with HIV/AIDS claimed that they were socially marginalized and faced employment discrimination or possible termination if they revealed their HIV/AIDS status. There is no law to prevent employers from firing a person based on their HIV status. Because of the above, many persons living with HIV fear losing their jobs if they disclose their HIV status. Some HIV-positive persons seek diagnosis and treatment outside the country.

The government discouraged discrimination, supported initiatives that countered misperceptions about HIV/AIDS, and publicly praised employers that welcomed workers with HIV/AIDS. HIV-positive foreigners are barred from obtaining work permits, student visas or immigrant visas.

Section 7. Worker Rights

The law provides for the right of most workers to form and join trade unions. Workers have the legal right to strike and to bargain collectively. The law prohibits antiunion discrimination.

Parliament may impose restrictions on the right of association based on security, public order, or morality grounds. The Ministry of Manpower also has broad powers to refuse to register a union or to cancel a union’s registration. Laws and regulations restrict freedom of association by requiring any group of 10 or more persons to register with the government. The law also restricts the right of uniformed personnel and government employees to organize, although the president may grant exemptions. Foreigners and those with criminal convictions generally may not hold union office or become employees of unions, but the ministry may grant exemptions.

The law requires more than 50 percent of affected unionized workers to vote in favor of a strike by secret ballot, as opposed to 51 percent of those participating in the vote. Workers in “essential services” are required to give 14 days’ notice to an employer before striking, and there is a prohibition on strikes by workers in the water, gas, and electricity sectors.

Unions were unable to carry out their work without interference from the government or political parties. The law limits how unions may spend their funds, prohibiting, for example, payments to political parties or the use of funds for political purposes, and restricts the right of trade unions to elect their officers and choose their employees.

Almost all unions were affiliated with the National Trade Union Congress (NTUC), an umbrella organization with a close relationship with the government and the ruling PAP. The NTUC secretary-general was a cabinet minister and four PAP members of parliament were in NTUC leadership positions. NTUC policy prohibited union members who supported opposition parties from holding office in its affiliated unions. In November 2017 the NTUC announced that “where possible,” all 82 PAP members of parliament would act as advisors to NTUC unions and affiliated associations.

Collective bargaining was a routine part of labor-management relations in all sectors. Because almost all unions were its affiliates, the NTUC had almost exclusive authority to exercise collective bargaining power on behalf of employees. Union members may not reject collective agreements negotiated between their union representatives and an employer. Although transfers and layoffs are excluded from the scope of collective bargaining, employers consulted with unions on both issues.

Foreign workers constituted approximately 15 percent of union members. Labor NGOs also filled an important function by providing support for migrant workers, including legal aid and medical care, especially for those in the informal sector.

The law prohibits and criminalizes all forms of forced or compulsory labor. The government effectively enforced the law; penalties included prison terms and fines, although these were not always sufficient to deter violations. The government took law enforcement action against employers for workplace violations, including arresting and prosecuting several employers for abuse or mistreatment of foreign domestic workers. It also investigated and imposed fines on some employment agencies for committing other illegal practices. Given the number of low-paid foreign workers in the country, however, outside observers believe that many cases of abuse likely were undetected.

Practices indicative of forced labor, including the withholding of wages and passports, occurred. Migrant workers in low-wage and unskilled sectors such as domestic work, hospitality, and construction were vulnerable to labor exploitation. The Ministry of Manpower reported, for example, that 48 foreign workers lodged complaints between January and April against Nihal Enterprise and Nihal Construction for defaulting on their salaries and overtime, with some workers remaining unpaid for one year. The workers were reportedly forced to sign blank salary slips but were either unpaid, or paid only a fraction of the amount owed.

The law caps the fees payable by foreign domestic workers to employment agencies in the country at one month’s salary per year of the employment contract not to exceed two months’ salary, irrespective of the duration of the contract. Observers noted that unscrupulous agencies in migrant workers’ countries of origin could charge exorbitant fees.

Some observers also noted that the country’s employer sponsorship system made legal migrant workers vulnerable to forced labor because they may not change employers without the consent of their employer.

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

The law prohibits employment of children younger than 13 years. A child age 13 or older may engage in light work in a nonindustrial undertaking, subject to medical clearance. Exceptions include work in family enterprises; a child 13 or older may only work in an industrial undertaking that employs members of his or her family. Ministry of Manpower regulations prohibit night employment of children and restrict industrial work for children between 15 and 16. Children younger than 15 may not work on commercial vessels, with moving machinery, on live electrical apparatus lacking effective insulation, or in any underground job, and normally they are prohibited from employment in the industrial sector.

The Ministry of Manpower effectively enforced these laws and regulations. Penalties for employers who violated laws related to child labor were subject to fines and/or imprisonment, practices that provided adequate deterrence. Government officials asserted that child labor was not a significant problem.

The incidence of children in formal employment was low, although some children worked in family enterprises.

d. Discrimination with Respect to Employment and Occupation

The constitution provides for equality in employment. No specific antidiscrimination legislation exists, although some statutes prohibit certain forms of discrimination. For example, employers may not dismiss female employees during pregnancy or maternity leave, and employers may not dismiss employees solely due to age.

The Ministry of Manpower’s Fair Consideration Framework requires all companies to comply with the Tripartite Guidelines on Alliance for Fair and Progressive Employment Practices and have employment practices that are open, merit based, and nondiscriminatory. These guidelines call for eliminating language referring to age, race, gender, religion, marital status, family responsibility, and disability in employment advertisements. Employers are required to provide explanations for putting requirements such as specific language skills in the job advertisement. Penalties for violation of government guidelines are at the discretion of the ministry. There were no similar government guidelines with respect to political opinion, sexual orientation, or HIV or other communicable disease status.

The Tripartite Alliance for Fair and Progressive Employment Practices received complaints of employment discrimination, largely due to the preference to hire foreigners over citizens.

In 2017 the gender wage gap was 9.2 percent, and women were underrepresented in managerial and executive positions. The country’s Diversity Action Committee reported that women’s representation on boards of companies listed on the Singapore Exchange was 11.2 percent as of June. For the first time, as of June, a majority (51 percent) of listed companies had at least one female board member.

Some ethnic Malays and Indians reported discrimination limited their employment and promotion opportunities. There were also reports of discrimination based on disability, pregnancy, and sexual orientation/gender identity. Pregnancy is a breach of the standard work permit conditions for foreign workers, and the government cancels work permits and requires repatriation of foreign domestic workers who become pregnant.

The law does not specify a national minimum wage. The government’s progressive wage model, designed to raise the productivity and wages of low-wage workers, requires businesses in the cleaning, landscaping, and security services sectors to pay a minimum wage in order to obtain a business license. The minimums range from 1,060 SGD ($774) for an indoor cleaner to 2,100 SGD ($1,530) for a qualified landscape supervisor. Legislation passed in October introduced a mandatory annual bonus for local cleaners.

The law sets the standard legal workweek at 44 hours. The law requires employers to apply for an overtime exception from the Ministry of Manpower for employees to work more than 72 hours of overtime per month. On November 20, the government amended the Employment Act to remove the existing salary cap on applicability of some workplace protections and expand the law’s coverage to all private sector employees, except domestic workers and seafarers who are still covered under separate laws. The amended law also mandates benefits for part-time employees, defined as those working 35 hours or less. The changes will enter into effect in April 2019 and will entitle all private sector employees to paid sick leave, mandatory annual leave, and protection against wrongful dismissal.

The law establishes a framework for workplaces to comply with occupational safety and health standards, and regular inspections enforced the standards. Officials encouraged workers to report situations that endanger health or safety to the ministry, but the law does not specifically protect the right of workers to remove themselves from a hazardous working environment.

The Ministry of Manpower effectively enforced laws and regulations establishing working conditions and comprehensive occupational safety and health regulations. Penalties for violating these regulations, which take the form of fines and stop-work orders, were sufficient to deter violations. During the year, the ministry increased the number of workplace inspections and continued to promote training to reduce the frequency of job-related accidents in high-risk sectors such as construction. The government also enforced requirements for employers to provide one rest day per week or compensation for foreign domestic workers. Penalties for violations include fines or imprisonment.

In July a landscaping company and two of its officers were charged for a workplace accident in 2016 in which a foreign worker, Rahman Mohammad Ataur, was severely burned. Environmental Landscape’s management reportedly pressured Rahman to clean an underground tank that exploded while he was inside it. The firm faced a maximum fine of 500,000 SGD ($365,000), and its director, a fine of as much as 200,000 SGD ($146,000) and/or a maximum of two years’ imprisonment.

The ministry promoted educational and training programs to reduce the frequency of job-related accidents. The programs strengthen the requirements for implementation of risk management and safety- and health-management systems in these higher-risk factories, which included construction worksites, shipyards, metalworking factories, and petrochemical plants.

The Tripartite Alliance for Dispute Management was jointly established in 2017 by the Ministry of Manpower, unions, and the employers’ federation to offer advisory and mediation services to help employees and employers to manage employment disputes. The Labor Relations and Workplaces Division of the Ministry of Manpower provided free advisory services to both foreign and local workers who experienced problems with employers; it provided mediation services for a fee. The ministry operated a hotline for foreign domestic workers.

The majority of foreign workers were concentrated in low-wage, low-skill jobs and were often required to work long hours in construction, shipbuilding, services, and domestic work.

The majority of foreign domestic workers, mainly from the Philippines and Indonesia, worked under clearly outlined contracts. According to the penal code, any employer of a foreign domestic worker or a member of the employer’s family, if convicted of certain offenses against the worker, such as causing hurt or insulting the modesty of the worker, is liable to a maximum penalty of one and one-half times the mandated penalty when the victim is not a domestic worker. Nevertheless, there were reports of employers abusing or mistreating such workers (see section 7.b.).

Slovakia

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

Women

Rape and Domestic Violence: The law prohibits rape and sexual violence, which carry a penalty of five to 25 years in prison. The law does not specifically define spousal rape, but the criminal code covers spousal rape and spousal sexual violence under the crime of rape and sexual violence. NGOs and rape victims criticized police for sometimes failing to enforce the law effectively and for often failing to communicate appropriately with rape victims. Rape and domestic violence victims had access to shelters and counseling offered by NGOs and government-funded programs. NGO service providers complained that authorities provided only a small portion of necessary funding, forcing many centers to close or fundraise additional resources from private and international donors.

Domestic violence against women is punishable by three to eight years’ imprisonment. Domestic violence was widespread, and activists claimed official statistics failed to capture the magnitude of the issue. NGOs also asserted the government did not enforce the law effectively. Experts complained there were no written procedures for referring battered women to counselling centers or shelters and no services for batterers. The lack of affordable public housing or rent-controlled housing often forced victims to return to abusive households.

In January the regional court in Kosice confirmed a 23-year prison sentence for a former police officer who in 2016 stabbed his fiancee to death and burned her remains in Spisska Nova Ves.

In March a 22 year-old man attacked his girlfriend and her three friends, breaking her nose and causing other injuries. The woman immediately reported the incident to police, who reportedly failed to provide first aid to the victims, downplaying the incident. The assailant was later found guilty and sentenced to a fine. After intense media coverage, the regional prosecutor’s office in Banska Bystrica announced it would reexamine the case.

In September the regional court in Banska Bystrica confirmed a 16-year prison sentence for a man who stabbed his wife to death in July 2017 while she sat in the back seat of a police patrol car that had responded to her domestic disturbance call. The man gained access to the patrol car by telling police he wanted a chance to apologize to his wife. As of October the two police officers who failed to prevent the attack awaited trial on charges of criminal negligence.

According to a 2017 report on gender equality and domestic violence by the Ministry of Labor, Social Affairs, and Family, more than 21 percent of adult women had experienced violence at the hand of their partner.

Sexual Harassment: The law defines sexual harassment as unlawful discrimination, subject to civil penalties. Victims usually avoided legal action due to fear of reprisal, lengthy court proceedings, and lack of accessible legal services. A coordination center for gender-based and domestic violence under the Labor, Social Affairs and Family Ministry implements and coordinates countrywide policy to prevent and eliminate violence against women (including sexual harassment) and coordinates education and training efforts for the public and professionals. The government operates a 24/7 hotline for women subjected to violence.

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

Discrimination: The law provides the same legal status for women as for men. Discrimination against women remained a problem, particularly in the labor market, where women were less likely to be offered employment than men with equal qualifications, and faced a 20 percent gender pay gap.

Children

Birth Registration: Children acquire citizenship by birth to at least one citizen parent, regardless of where the child is born. Each domestic birth is recorded at the local vital statistics office, including for children born to asylum seekers, stateless persons, and detained migrants.

Child Abuse: Child abuse remained a problem according to child advocates. A 2013 government study (the latest available) showed that 23 percent of 13- to 15-year-old persons suffered physical abuse, 20 percent emotional abuse, and 7 percent sexual abuse. Domestic abuse carries basic penalties of three to eight years’ imprisonment.

The government continued implementing and annually updating the National Action Plan for Children for 2013-22, funded through the government budget. Government bodies provided financial support to crisis centers for abused children and to NGOs that worked on child abuse. The Labor and Social Affairs Office had dedicated departments for overseeing childcare and operated a national coordination body for dealing with violence against children, which collected data, provided information on domestic violence and abuse of minors, helped refer victims to service providers, and ran a national helpline.

Early and Forced Marriage: The legal minimum age for marriage is 18. In exceptional cases, based upon request of one of the marrying couple, a competent court may allow marriage of a person as young as 16, if both parents consent. Women from marginalized Romani communities were transported to the United Kingdom by force or deception to marry foreign citizens attempting to avoid deportation by marrying an EU citizen and might consequently have been subjected to trafficking in persons.

Sexual Exploitation of Children: Rape and sexual violence against a child carry basic penalties of five to 10 years’ imprisonment. The law establishes 15 as the minimum age for consensual sex. In addition to prohibiting trafficking in persons, the law criminalizes the prostitution of children. These abuses were not common, and there were no obstacles to enforcement of the law.

The production, distribution, or possession of child pornography is a crime with penalties ranging from two to 20 years’ imprisonment.

Institutionalized Children: Reports published by the ombudsperson during the year and in 2013 found that juvenile offenders at educational rehabilitation centers regularly endured hunger and were subjected to degrading treatment, including compulsory gynecological examinations of girls after their trips outside the facility. The reports also found substandard levels of education at the centers.

In February the regional prosecutor in Trencin indicted a former employee of the private juvenile rehabilitation facility Cisty Den for sexual abuse and causing bodily harm to a minor. The facility lost its official Ministry of Labor, Social Affairs, and Family accreditation in September 2017 after a series of allegations of severe malpractice and misconduct. Experts criticized the labor minister for failing to protect the children housed in Cisty Den after suspicions regarding the facility first surfaced more than a year before the center’s accreditation was revoked.

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 https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

Jewish community leaders estimated, and the 2011 census data indicated, the size of the Jewish community was 2,000 persons.

Organized neo-Nazi groups with an estimated 500 active members and several thousand sympathizers occasionally spread anti-Semitic messages. Latent anti-Semitic attitudes characterizing Jewish people as greedy or secretly influencing world affairs were widespread, even beyond neo-Nazi groups and their sympathizers. Polls revealed increased support for the neo-Nazi LSNS, polling at 11 percent or higher.

In July the Special Prosecutor’s Office indicted LSNS leader and MP Marian Kotleba for his charitable donation of 1,488 euros ($1,710) to three families at a 2017 event marking the founding of the Nazi-allied wartime Slovak state (The number 1,488 refers to a white supremacist 14-word slogan and a numeric representation of HH, for “Heil Hitler.”). Also in July, the Specialized Criminal Court acquitted LSNS MP Stanislav Mizik of extremism charges in a case concerning a January 2017 Facebook post in which he criticized President Kiska for giving state awards to persons of Jewish origin. The judge ruled there was insufficient evidence to prove that Mizik wrote the statement. The Special Prosecutor’s Office appealed the verdict, and the case remained pending. In February LSNS MP Milan Mazurek verbally attacked an expert witness during a court hearing at his trial, saying the witness was “not impartial, since he is a Jew.”

While direct denial of the Holocaust was relatively rare, expressions of approval for the World War II-era Slovak fascist state, which deported tens of thousands of Jews, Roma, and others to death camps, occurred frequently. Throughout the year, far-right groups organized small events to commemorate dates associated with the Slovak fascist state and its president, Jozef Tiso. On March 14 and April 19, the LSNS organized commemorations of the creation of the fascist Slovak state in 1939 and Tiso’s execution in 1947.

On September 9, government officials commemorated the Day of the Victims of the Holocaust and of Racial Violence at the Holocaust Memorial in Bratislava. The coalition government undertook initiatives to promote Holocaust education in schools and funded school field trips to Auschwitz and the Slovak Holocaust Museum in Sered. Government leaders including President Kiska and Speaker of Parliament Danko denounced the anti-Semitic rhetoric of the far right.

Representatives of the Central Union of Jewish Religious Communities in Slovakia noted the number of anti-Semitic comments and hate speech on the internet and social media increased following statements in March by then prime minister Robert Fico (Smer-SD), in which he accused philanthropist George Soros, who is Jewish, of instigating a coup against his government.

In January the ministers of finance and culture commemorated International Holocaust Remembrance Day by visiting the Holocaust Museum in Sered where they announced a subsidy of one million euros ($1.15 million) to complete the museum’s campus.

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 in employment, education, access to health care, the judicial system, other transportation, or the provision of other public services.

Psychiatric institutions and hospitals, which fall under the purview of the Ministry of Health, used cage beds to restrain patients. The law prohibits both physical and nonphysical restraints in social care homes managed by the Ministry of Labor, Social Affairs, and Family.

No broadcaster complied with laws requiring television stations to provide audio descriptions for viewers who are blind or have impaired vision. While the law defines mandatory standards for access to buildings, NGOs noted they were not fully implemented, although access to privately owned buildings improved more rapidly than access to public buildings.

The government’s Council on Human Rights, National Minorities, and Gender Equality operated a committee on persons with disabilities. The council served as a governmental advisory body and included representation from NGOs working on disability problems. The country’s first national human rights strategy included a chapter on the rights of persons with disabilities.

National/Racial/Ethnic Minorities

According to the 2011 census, approximately 458,000 ethnic Hungarians lived in the country. The law provides for the imposition of fines on government institutions, civil servants, and legal entities that do not provide information required by law in Slovak. Members of the ethnic Hungarian minority criticized the provision as discriminatory and a restriction on their right to free speech. The Ministry of Transport and Construction continued placing dual language signs at train stations serving Hungarian minority populations. In February the ministry changed a decree to allow the use of dual-language traffic signs.

Societal discrimination against Roma and individuals of non-European ethnicity was common. As much as 53 percent of the Romani population resided in marginalized communities. The UN Development Program has identified 231 segregated rural settlements located, on average, less than one mile from neighboring municipalities.

There were reports of violence against members of ethnic minorities during the year. In May a Filipino man with permanent residency status died after being brutally beaten for protecting his female colleagues from unwanted sexual advances on the streets of Bratislava. Authorities initially released the attacker from custody after the prosecutor’s office stated it saw no risk of him committing similar attacks. Following intense public pressure, the prosecutor reversed the decision and detained the alleged attacker, who faces a possible 12 years in prison. Media cited witnesses who reported the attacker was likely motivated by the victim’s skin color and perceived sexual orientation.

In July, three Romani boys from the northern city of Zilina were chased and attacked by a group of violent hooligans. Police pressed charges against three individuals, who remained in pretrial detention. Police and prosecutors initially refused to confirm the attack was racially motivated, but media outlets published testimony of eyewitnesses who claimed the assailants shouted, “Gypsies, we will kill you!” while hurling stones and bottles and chasing the boys.

Marginalized Romani communities continued to be subjected to controversial police raids and brutality. In November 2017 media reported on a police raid in the Romani community in the village of Jarovnice. Several police officers, including a special operations unit and a K9 unit, allegedly ransacked a house looking for three men wanted for petty larceny. While no one was injured during the raid, human rights activists questioned the appropriateness and proportionality of the police response. In May the Ministry of Interior Inspection Service terminated an investigation into the 2017 police raid in Zborov and concluded police officers did not break the law. Released video footage from the Zborov raid appeared to show police chasing, threatening, and beating numerous community residents, including children and elderly persons, who did not appear to be resisting police. Three residents required medical assistance.

Authorities’ investigation of violent incidents involving police was inconsistent and varied by jurisdiction. In 2016 the Ministry of Interior Inspection Service Department brought charges against the police officer who commanded a 2015 raid in a Romani community in the village of Vrbnica. According to reports, a group of 15 officers entered the community, allegedly to locate and arrest individuals evading arrest warrants, and severely beat, mistreated, and harassed a number of Romani residents. The investigation remained pending. At the same time, the investigation into several other police officers involved in the raid was halted, allegedly due to lack of evidence.

In November 2017 the Constitutional Court dismissed a motion protesting police brutality during a 2013 raid in a Romani settlement in the town of Moldava nad Bodvou as unsubstantiated. Six witnesses who had testified about excessive force used by police faced prosecution on charges of perjury. In June the district court in Kosice found two of the witnesses guilty in an accelerated procedure and sentenced them to suspended sentences. Both appealed the ruling and the cases remained pending. An expert testifying for the prosecution claimed the witnesses had a “Romani mentality,” which he claimed made them less trustworthy.

In May the Kosice regional court overturned for the second time a lower court ruling that acquitted all of the police officers accused in the 2009 case of police abuse against a group of six Romani boys between the ages of 11 and 15. The case was returned to the Kosice district court for the third time.

The LSNS continued to organize marches and gatherings against “asocial Gypsies.”

Police generally responded quickly to gatherings targeting the Romani community and prevented crowds from entering Romani communities or inciting confrontations.

In January during a visit to a Romani settlement in eastern Slovakia, then interior minister Robert Kalinak (Smer-SD) announced a new legislative package that included collecting statistics on “Roma crime,” greater police powers, and a constitutional amendment eliminating social benefits for persons who did not take appropriate care of their children. NGOs and the government plenipotentiary for Romani communities criticized the interior minister, claiming he incited hatred against the minority by portraying the Roma as a security and public order threat.

There were instances of public officials at every level defaming minorities and making derogatory comments about Roma. In April, MP Milan Mazurek (LSNS) was found guilty of anti-Roma hate speech for his remarks during a public radio broadcast in 2016. The Specialized Criminal Court in Banska Bystrica fined Mazurek 5,000 euros ($5,750) and gave him a suspended six-month prison sentence that he would serve should he fail to pay the fine.

Widespread discrimination against Roma continued in employment, education, health care, housing, loan practices, restaurants, hair salons, and public transportation.

In April the Kosice regional court issued a final decision affirming lower court rulings in favor of a Romani woman who was unjustly denied a job as a social worker in the town of Spisska Nova Ves, which must pay the woman 2,500 euros ($2,880) in compensation. In July a Presov district court ruled that the Sabinov municipality and the Transport Ministry had discriminated against local Sabinov Roma by moving them out of public housing in the center of the town and into substandard housing on the city’s periphery.

In May a Romani mother with her children was not allowed to participate in a celebration of Children’s Day in the eastern Slovak village of Velka Ida due to her ethnicity. The local mayor stated this was not discrimination because there were separate events for Roma and a separate Children’s Day event in a preschool. He implied that diseases in the local Romani settlement made it unsuitable for Romani children to attend the larger Children’s Day celebration.

Local authorities continued to use regulatory obstacles, such as withholding of construction permits, to discourage the legal establishment of Romani settlements. In August the Partizanske municipality demolished a dilapidated apartment building inhabited by Roma. NGOs criticized the city leadership for failing to provide replacement housing and pushing Roma inhabitants out of the city limits. The Kosice municipality advanced plans of demolitions of apartment buildings in the marginalized Romani district of Lunik IX but finalized documentation for new housing for the Lunik inhabitants.

NGOs reported Romani women faced multiple forms of discrimination in reproductive health care, including segregation in maternity departments, verbal harassment, and maltreatment by medical personnel. The hospitals claimed they grouped persons according to their levels of hygiene and adaptability, not by race. While there were no reported cases of forced or coerced sterilizations, NGOs continued to express concerns over the way in which medical personnel obtained informed consent from patients. Romani women continued to pursue compensation through the courts for past involuntary sterilization, and NGOs called on the government to establish an independent investigative body to determine the scope of the practice.

Romani children from socially excluded communities faced educational segregation and were disproportionately enrolled in “special” schools or placed in segregated classrooms within mainstream schools. A report issued during the year by the ombudsperson established that Romani children received an inferior education compared with their non-Romani peers. The report found a disproportionately high share (88 percent) of Romani children in “special” primary schools for children with mental disabilities and schools with special classes for Romani children. Only 15 percent of the Romani children surveyed had received preschool education, compared with 78 percent for the general population. The ombudsperson’s investigation also confirmed systemic discrimination against Romani children in academic and psychological testing, where authorities failed to consider personal and special circumstances of the individuals who were tested.

The Government Council on Human Rights, National Minorities, and Gender Equality operated a Committee for the Prevention and Elimination of Racism, Xenophobia, Anti-Semitism, and Other Forms of Intolerance.

The law bans the spreading of profascist propaganda and hatred in public, including on social media and hate speech against LGBTI individuals.

In June parliament adopted a resolution expressing deep concern over growing extremism and hatred in the country and stressing that the country must remain “built on values such as democracy, freedom and tolerance.”

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 in employment, education, state social services, health care, and access to goods and services and identifies sexual orientation as a hate crime motivation that warrants stiffer sentences.

LGBTI organizations reported the law requires that persons seeking legal gender recognition provide confirmation from a medical practitioner that a person has undergone a “gender change” to obtain new identity documents; however, the law does not define “gender change.” In practice authorities required confirmation that a person had undergone permanent sterilization before issuing new identity documents.

The law does not allow educational establishments to reissue educational certificates with a new first name and surname to transgender individuals after they have transitioned. The law does allow institutions to issue such individuals new birth certificates reflecting the name with which they identify.

NGOs reported violence and online harassment of LGBTI persons. In June a group of 10 men attacked two gay 17-year-old boys for holding hands in public in the western Slovak city of Trencin. The group attacked the teenagers in front of a nightclub, kicking and punching them while shouting homophobic slurs. Afraid to reveal their names, the boys refused to report the incident to police or press charges. A widely publicized attack on a Filipino man, who died in June after being brutally beaten for protecting his female colleagues from unwanted sexual advances in Bratislava, was also reportedly accompanied by antigay slurs.

In July SNS deputy chair Anton Hrnko criticized ombudsperson Maria Patakyova for giving a speech at Bratislava Rainbow Pride and accused her of contributing to the spread of “neoliberal gender ideology” which aimed “to dismantle the traditional family.”

Other Societal Violence or Discrimination

NGOs reported violence and online hate speech towards refugees.

Government officials at all levels and leaders from across the political spectrum, including the opposition, engaged in rhetoric portraying refugees and Muslims as a threat to society.

In January then prime minister Fico stated he rejected the creation of Muslim communities in the country. On another occasion, Fico remarked that tourists wanted to come to the country because they did not have to fear explosions and know Muslims will not bother them in public squares.

Section 7. Worker Rights

The right to strike is embedded in the constitution. The law, including related regulations and statutory instruments, provides for the right of workers to form and join independent unions of their choice. The law also provides for unions to conduct their activities without interference, including the right to organize and bargain collectively, and workers exercised these rights. The law recognizes the right to strike with advance notice, both when collective bargaining fails to reach an agreement and in support of other striking employees’ demands (solidarity strike). Civil servants in essential services, judges, prosecutors, and members of the military do not have the right to strike. The law prohibits dismissing workers who legally participate in strikes but does not offer such protection if a strike was illegal or unofficial. The law prohibits antiunion discrimination. The law does not state whether reinstatement of workers fired for union activity is required.

The government effectively enforced applicable laws and remedies, and penalties for violations were effective. These procedures were, however, occasionally subject to delays and appeals.

Workers and unions generally exercised these rights without restrictions. The government generally respected their rights.

The law prohibits all forms of forced or compulsory labor. Police are responsible for investigating forced labor but faced challenges in effectively enforcing the law. The law provides strong penalties for labor traffickers, including imprisonment for terms of four to 25 years, depending on the seriousness of the case. The Ministry of Interior, together with the International Organization for Migration, trained government officials in identifying victims subjected to trafficking for forced labor.

There were reports of Ukrainian, Moldovan, Bulgarian, Romanian, and Vietnamese men and women forced to work in the country in the retail and construction sectors or in domestic servitude. Underemployed and undereducated Roma from socially segregated rural settlements were disproportionately vulnerable to trafficking in persons for forced labor. The government carried out extensive awareness raising campaigns on the dangers of trafficking in persons with a focus on forced labor and organized joint inspections of business entities to identify illegal employment, forced labor, and trafficking in persons. Courts continued to issue light and suspended sentences for the majority of convicted traffickers that failed to deter trafficking offenses or protect victims.

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

The minimum age for employment is 15, although younger children may perform light work in cultural or artistic performances, sports events, or advertising activities if it does not affect their health, safety, personal development, or schooling. The National Labor Inspection Service (NLI) and the Public Health Office must approve, determine the maximum hours, and set conditions for work by children younger than 15. The law does not permit children younger than 16 to work more than 30 hours per week on average and restricts children under 18 years of age to 37.5 hours per week. The law applies to all children who are high school or full-time university students. The provision excludes part-time university students above 18 years of age. The law does not allow children under the age of 18 to work underground, work overtime, or perform labor inappropriate for their age or health. The violation of child and juvenile labor rules is punishable by a financial penalty of up to 100,000 euros ($115,000). Courts issued mild and suspended sentences in most forced labor cases, but the NLI did not report serious violations of laws relating to child labor.

Regional inspection units, which were under the auspices of the NLI, received and investigated child labor complaints. Apart from regional inspection units, the state Social Insurance Company was also responsible for monitoring child labor law compliance. If a unit determined that a child labor law or regulation had been broken, it transferred the case to the NLI, which may also impose fines on employers and individuals that fail to report such incidents adequately.

The government generally enforced the law effectively. Resources, inspections, and remediation were generally adequate. The law defines sufficient penalties for violations, but the application of those penalties was not always sufficient to deter violations.

There were reports Romani children in some settlements were subjected to trafficking for commercial sex (see section 6, Children). NGOs reported that family members or other Roma exploited Romani victims, including children with disabilities. Child labor in the form of forced begging was a problem in some communities and sometimes rose to the level of trafficking in persons.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination regarding age, religion, ethnicity, race, sex, gender, disability, language, sexual orientation, social status, or “other status” but does not specifically prohibit discrimination based on HIV status. Relevant inspection bodies provide for the protection of migrant workers against abuses from private employment agencies. The Central Office of Labor, Social Affairs and Family and the Trade Business Office may cancel or suspend the business license of violators and impose a penalty of more than 30,000 euros ($34,500). Employers discriminated against members of the Romani minority (see section 6).

The government continued implementing a program to increase the motivation of the long-term unemployed Roma to find jobs. The Operational Program–Human Resources for 2014-20 included as one of its priorities the integration of marginalized Romani communities in the labor market through educational measures. Activists frequently alleged that employers refused to hire Roma, and an estimated 80 to 90 percent of Roma from socially excluded communities were unemployed. NGOs working with Roma from such communities reported that, while job applications by Roma were often successful during the initial phase of selection, in a majority of cases employers rejected the applicants once they found they were Roma. Rejected job applicants rarely pursued discrimination cases through the courts.

Despite having higher levels of educational attainment compared to men, women faced an employment gap of approximately 13 percent and only 33 percent of entrepreneurs were female. Experts noted motherhood negatively affected career prospects due to long maternity and parental leave and a lack of preschool facilities and flexible work arrangements. Women earned on average 18 percent less than their male colleagues according to a 2017 survey by personnel agency Trexima.

On January 1, the government increased the minimum wage from 435 euros ($500) to 480 euros ($550) per month. As of July the minimum living standard (an official estimate of the poverty income level) was 205.07 euros ($236) per month.

The law mandates a maximum workweek of 48 hours, including overtime, except for employees in the health-care sector, whose maximum workweek is 56 hours, including overtime. Worker overtime generally could not exceed 150 hours per year, with the exception of health-care professionals, who in specific cases and under an agreement with labor unions could work up to 250 hours overtime. Employees who worked overtime were entitled to a 25 percent premium on their hourly rate. Employees who work under conditions that endanger their health and safety are entitled to “relaxation” leave in addition to standard leave and an additional 35 percent of their hourly wage rate. Employees who work during government holidays are entitled to an additional 50 percent of their hourly rate. Employers who fail to follow overtime rules face fines that were adequate to deter violations. If employers fail to pay an employee, they may face imprisonment of one to five years.

Trade unions, local employment offices, and the Ministry of Labor, Social Affairs, and Family monitored observance of these laws, and authorities effectively enforced them.

The law establishes health and safety standards that the Office for Labor Safety generally enforced. Workers could generally remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

Minimum wage, hours of work, and occupational safety and health standards were appropriate for the main industries and effectively enforced. The number of labor inspectors was sufficient to ensure compliance with the law. The Ministry of Labor, Social Affairs, and Family may impose financial penalties on companies found to be noncompliant. In serious cases of labor rights violations, the NLI may withdraw an employer’s license. If there are safety and security concerns found at a workplace, the inspectors may require companies to stop using equipment that poses risks until they meet safety requirements. In cases of “serious misconduct” at a workplace, the law permits labor inspectors to impose additional financial penalties.

Slovenia

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

Women

Rape and Domestic Violence: Rape, including spousal rape and domestic violence, is illegal. Sexual violence is a criminal offense and the penalty for conviction is six months’ to eight years’ imprisonment. The penalty for conviction of rape is one to 10 years’ imprisonment. Police actively investigated accusations of rape and courts tried accused offenders.

The law provides from six months’ to 10 years’ imprisonment for aggravated and grievous bodily harm. Upon receiving reports of spousal abuse or violence, police generally intervened and prosecuted offenders, but local NGOs reported that victims of sexual violence often did not report crimes to police.

There was a network of maternity homes, safe houses, and shelters for women and children who were victims of violence. The police academy offered annual training on domestic violence. Local NGOs reported women lacked equal access to assistance and support services and that free psychosocial assistance from NGOs was unavailable in many parts of the country. NGOs also reported a lack of practical training and educational programs for professionals who are legally bound to offer services to survivors of violence. NGOs highlighted the lack of systematic and continuous prevention programs for domestic violence and rape and reported there were no specialized support programs for Romani women, elderly women, or other vulnerable groups.

Sexual Harassment: Sexual harassment is a criminal offense carrying a penalty if convicted of up to three years’ imprisonment. The law prohibits sexual harassment, psychological violence, mistreatment, or unequal treatment in the workplace that causes “another employee’s humiliation or fear.” Authorities did not prosecute any sexual harassment cases during the year.

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

Discrimination: The law provides the same legal status and rights for women and men. Despite legal provisions for equal pay, inequities persisted.

Children

Birth Registration: Citizenship is derived from the parents with certain limitations. A child is granted citizenship at birth if the child’s mother and father were citizens, or one of the child’s parents was a citizen and the child was born on the territory of the country, or one of the child’s parents was a citizen while the other parent was unknown or of unknown citizenship and the child was born in a foreign country. Naturalization is possible. Children of migrants and asylum seekers do not qualify for citizenship if they are born in Slovenia, although their parents may file for asylum or refugee status on their behalf.

Child Abuse: Child abuse is a criminal offense and conviction carries a penalty of up to three years’ imprisonment. In the first half of the year, police reported 48 cases of child abuse and 179 cases of negligence. The number of reported cases is roughly on track with 2017 cases. In October authorities closed the Kengurujcki (“Little Kangaroos”) child-care facility following allegations of child abuse. After alerting staff to the inappropriate treatment of children, a newly hired employee at “Little Kangaroos” recorded a video showing children ages 11 months to four years subjected to force-feeding and life-threatening ways to prevent toddlers from crying. The video showed a baby with her head and body tightly wrapped in sheets with a mattress on top of her. The employee showed the video to parents, and they jointly reported the case to the police. A police and educational inspectorate investigation was underway.

There were 10 crisis centers for youth, with a combined capacity for 86 children. The government allowed children to stay at these centers until they reached age 21, if they were still in school.

Early and Forced Marriage: The minimum age for marriage is 18. Centers for social service may approve marriage of a person younger than age 18, together with the approval of parents or legal guardians. Child marriage occurred within the Romani community but was not a widespread problem.

Sexual Exploitation of Children: Statutory rape carries a prison sentence of one to eight years in prison. The law sets the minimum age of consent for sexual relations at 15. The government generally enforced the law.

The possession, sale, purchase, or propagation of child pornography is illegal, and the government enforced the law effectively. The penalty for conviction of violations ranged from six months 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 https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

There were approximately 300 Jews in the country. There were no reports of anti-Semitic violence or overt discrimination.

In November, in the city of Velenje, police arrested a juvenile for public incitement of hatred and intolerance for hanging in June of six Nazi-themed posters in public places. The president and prime minister strongly condemned the act, and the case remained pending. The government promoted antibias and tolerance education in primary and secondary schools, and the Holocaust was a mandatory topic in the history curriculum.

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. The law mandates access to buildings for persons with disabilities, but modification of public and private structures to improve access continued at a slow pace, and some buildings–particularly older buildings–were not accessible. The law provides social welfare assistance and early-childhood, elementary, secondary, and vocational education programs for children with disabilities. It also provides vocational and independent living resources for adults with disabilities. The government continued to implement laws and programs to provide persons with disabilities with access to education, employment, health services, buildings, information, communications, the judicial system, transportation, and other state services. The government generally enforced these provisions effectively.

Changes to the electoral law require all polling stations to be accessible to persons with disabilities, but the National Electoral Commission estimated that as of the presidential election in fall 2017, only 56 percent of local polling stations were accessible to persons with disabilities. In the June 3 parliamentary elections, the National Electoral Commission used seven mobile ballot boxes to provide for equal access of voters with disabilities. Voters with disabilities who are unable to reach a polling station on election day may also vote by mail.

National/Racial/Ethnic Minorities

Three officially recognized ethnic minorities live in the country: Roma (estimated at 7,000 to 11,000), Hungarians (approximately 8,000), and Italians (approximately 4,000). The approximately 2,000 ethnic Germans are not recognized as an official minority group.

Discrimination against socially marginalized Roma persisted in some parts of the country. Organizations monitoring conditions in the Romani community noted that Roma faced difficulties securing adequate housing in traditional housing markets. Many Roma lived apart from other communities in illegal settlements lacking basic utilities, such as electricity, running water, sanitation, and access to transportation. Government officials emphasized that the illegality of settlements remained the biggest obstacle to providing Roma access to adequate housing, water, and sanitation. By law only owners or persons with another legal claim to land, such as legal tenants, may obtain public services and infrastructure, such as water, electricity, and sanitation.

While visiting the country in April, the UN special rapporteur on minority issues said Roma continued to be the most vulnerable community in Slovenia and called on authorities to address recurrent problems within the Romani community. He noted Romani homes were often built without permits and highlighted difficulties Roma encountered in finding employment and accessing public services.

Organizations monitoring conditions in the Romani community and officials employed in schools with large Romani student populations unofficially reported that high illiteracy rates among Roma persisted. While education for children is compulsory through grade nine, school attendance and completion rates by Romani children remained low. Silvo Mesojedec, head of Novo Mesto’s Civil Initiative for Roma Issues, said less than 1 percent of inhabitants in Zabjak-Brezje (the country’s largest illegal Romani settlement with approximately 700 inhabitants) have finished primary school.

The Centre for School and Outdoor Education continued its 2016-22 project on Romani education, which the Ministry of Education, Science and Sport and the European Social Fund financed. The project helps Romani children succeed in the educational system through mentoring and support, including extracurricular activities and preschool education at community multipurpose centers. Although segregated classrooms are illegal, a number of Roma reported to NGOs their children attended segregated classes and that school authorities selected them disproportionately to attend classes for students with special needs.

In May the government adopted the National Program of Measures for Roma for 2017-21 to improve the Romani community through 41 specific measures, such as promoting education, employment, and social inclusion, improving health-care access, reducing poverty, and providing antidiscrimination training. The Office for National Minorities is to coordinate this program and monitor its implementation. NGOs observed that, although government consulted Romani community representatives in preparing the National Program, it focused too much on project-based initiatives and did not adequately adopt the Romani community’s suggestions to address systemic issues, such as a lack of electricity, running water, sanitation, and access to transportation.

A government-established commission to safeguard the rights of Roma continued to function. The commission included representatives from the Romani community, municipalities, and the government.

Representatives of the Romani community participated in a program that improved communication between police and individual Roma through discrimination prevention training for police officers working in Romani communities. The government provided medical equipment to health-care facilities and supported programs, workshops, and educational initiatives to provide best practices for health-care professionals working in Romani communities.

The NGO Roma Academic Club organized lectures and workshops for high school and university students on Romani culture and discrimination towards the Romani community.

In March the German-speaking community called on the government to begin the process of officially recognizing the community as a minority in the constitution. They called on the government to address fields of education in German, recognition of the minority language in radio and television programming, and the provision of funds.

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

The law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, nationality laws, and access to government services. The government enforced such laws effectively, but societal discrimination was widespread.

The law considers crimes against LGBTI persons to be hate crimes and prohibits incitement to hatred based on sexual orientation. The Ministry of Labor, Family, Social Affairs, and Equal Opportunities, as well as NGOs and law enforcement authorities, recorded incidents, but they did not track the number of cases of violence against LGBTI persons.

While the law and implementing regulations establish procedures for legal gender recognition, LGBTI NGOs maintained the provisions are too general; subject to misinterpretation; and insufficiently protect the rights to health, privacy, and physical integrity of transgender persons. For example, NGOs reported only two psychologists were authorized to provide documentation required for individuals to begin the process, which resulted in waiting times up to one year.

HIV and AIDS Social Stigma

NGOs reported HIV-positive individuals often faced stigma and discrimination in access to health care. For example, Activists for the Rights of People Living with HIV and medical experts from the Clinic for Infectious Diseases and Febrile Conditions reported 90 percent of individuals living with HIV experienced discrimination in medical institutions due to their HIV status. In one case, an HIV-positive patient said a dentist refused to provide dental services to him due to his HIV status. This patient filed a suit against the dentist, and the court ruled the dentist did discriminate against him due to his HIV-positive status. Local activists hailed the case as a landmark ruling in legal protections of HIV-positive persons.

Section 7. Worker Rights

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The law does not prohibit antiunion discrimination or require reinstatement of workers fired for union activity. In 2016, in the first ruling of its kind, a court ruled to protect the right of workers to unionize. NGOs reported that in practice employers have informally pressured unions to refrain from organizing, particularly workers of new companies in the metal industry and transport sector.

The law requires unionization of at least 10 percent of workers in a sector before the sector may engage in collective bargaining. The law restricts the right to strike for police, members of the military, and some other public employees, providing for arbitration instead. Resources, inspections, and remediation efforts were adequate; penalties for violations were sufficient to deter violations. Judicial and administrative procedures were not subject to lengthy delays or appeals.

The government respected freedom of association and the right to bargain collectively.

While the law prohibits all forms of forced or compulsory labor, and the government generally enforced the law, forced labor occurred and was most prevalent in the metal and wood industry, construction, hospitality, and transport sectors. Resources, inspections, and remediation efforts were adequate. Penalties for violations were sufficiently stringent to deter violations.

There were reports men, women, and children were subjected to forced labor in the construction sector and forced begging. A report commissioned by the government found minors and migrant workers were particularly vulnerable to forced labor or trafficking conditions and that fraudulent employment and recruitment of migrant workers occurred.

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

The minimum legal age of employment is 15. The law limits hours, mandates rest periods, prohibits working in hazardous locations, and specifies adult supervision for workers younger than age 18. While no specific occupations are restricted, hazardous work locations (specified by the law) include those that are underground and underwater and those involving harmful exposure to radiation, toxic or carcinogenic agents, extreme cold, heat, noise, or vibrations. Penalties for labor law violations related to child labor violations range from a fine to one year in prison and were sufficient to deter violations. The government generally enforced child labor and minimum age laws effectively. Nevertheless, children younger than age 15 in rural areas often worked during the harvest season and performed farm chores. Some children were also subjected to sex trafficking and trafficking for forced labor, including forced begging.

d. Discrimination with Respect to Employment and Occupation

The law establishes a general framework for equal treatment and prohibits discrimination with respect to employment or occupation based on race or ethnic origin, sex, color, religion, age, citizenship, disability, or sexual orientation. The law specifically prohibits discrimination based on language or HIV-positive status. The government effectively enforced these laws. Penalties for violations range widely, depending on the type and size of the employing organization, and were sufficient to deter violations. Women’s earnings were 68 percent those of men; in comparable positions women’s earnings were 97 percent those of men.

There were few formal complaints of discrimination, although there were some reports of employment discrimination based on gender, age, and nationality. In certain sectors, foreign workers are required to remain employed with their initial employer for a minimum of one year. Some employers lobbied to change this to a minimum of five years, which local NGOs criticized as enabling labor exploitation through lower salaries, poor living conditions, and longer working hours. Migrant workers enjoyed the same labor rights as citizens but faced discrimination. Many migrants worked in the hospitality sector or in physically demanding jobs. Some migrant workers were not aware of local labor laws regarding minimum wage, overtime, health care, and other benefits, a problem compounded by language barriers. An NGO contact estimated only 2 percent of Roma in the southeastern part of the country worked in the formal economy. Employment in informal sectors made Roma vulnerable to labor law violations, particularly in terms of benefits and procedures for termination of employment. Employment discrimination against Roma was not limited to a specific sector. The government attempted to address issues experienced by Roma (see also section 6, National/Racial/Ethnic Minorities).

The national monthly gross minimum wage was 843 euros ($970). The official poverty line is set at 636 euros ($730) per month for single-member households. The Ministry of Labor, Family, Social Affairs, and Equal Opportunities monitors minimum wage compliance and has inspection authority. According to NGOs and advocacy groups, authorities enforced the laws effectively, except in some cases involving migrant workers and asylum seekers, who faced conditions of exploitation. Penalties for violations were sufficient to deter violations.

Collective agreements determined whether workers received premium pay for overtime. The law limits overtime to eight hours per week, 20 hours per month, and 170 hours per year. Special commissions under the Ministry of Health and the Ministry of Labor, Family, Social Affairs, and Equal Opportunities set occupational health and safety standards for workers that are appropriate for the main industries in the country. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. Workers facing hazardous working conditions included professional divers, mountain rescuers, sailors, construction workers, and miners. Workers facing exploitative working conditions included those employed in construction, the transport sector, the wood industry, and exotic dancers.

The law requires employers to protect workers injured on the job. If incapacitated, such workers may perform other work corresponding to their abilities, obtain part-time work, and receive occupational rehabilitation and wage compensation.

The Ministry of Labor, Family, Social Affairs, and Equal Opportunities monitors labor practices and has inspection authority; police are responsible for investigating violations of the law. According to NGOs and advocacy groups, authorities enforced the laws effectively, except in some cases involving migrant workers and asylum seekers, who faced conditions of exploitation. The International Labor Organization’s Committee of Experts on the Application of Conventions and Recommendations (CEACR) observed that conflicts between laws governing inspection could lead to uncertainty regarding whether inspectors have a right of access to work sites. The law requires employers to make social security payments for all workers. The Free Legal Aid Society reported that employers of migrant workers usually did not deduct social security from paychecks, leaving those workers without a future pension or access to social services. The government employed 37 inspectors of labor contracts and 43 for occupational safety and health problems to cover more than 210,000 legal entities in the country. The CEACR and NGOs also observed there was an urgent need to increase the number of inspectors to keep up with the workload. Labor inspectors carried out labor contract and occupational safety and health inspections, found violations, and issued penalties. In both fields the majority of violations took place in the wood-processing industry, metal industry, construction, and bars and restaurants.

There were no major industrial accidents during the year in which workers were injured.

Solomon Islands

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

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, with a maximum penalty of life imprisonment. Domestic violence is a crime, with a maximum penalty of three years in prison and a fine of SBD 30,000 ($3,630).

Police made efforts to charge offenders for domestic violence and assault against women. In June, for example, three male nurses at Kilu’ufi Hospital Psychiatric Unit allegedly raped a 15-year-old mentally ill female patient. Police were investigating the allegation, but as of September, police had not arrested or charged the three suspects. As part of the police curriculum, officers receive specialized training on how to work with rape victims. Police have a Sexual Assault Unit, staffed mostly by female officers, to provide support to victims and investigate charges. In reported cases of domestic abuse, victims often dropped charges before a court appearance, or settled cases out of court. In cases in which charges were filed, the time between the charging of an individual and the subsequent court hearing could be as long as two years. The magistrates’ courts dealt with physical abuse of women as with any other assault, but prosecutions were rare due to low judicial and police capacity and cultural bias against women.

With donor funding and support, the government conducted training workshops for local court officials in how to process cases of domestic violence and rape. The training focused on how to apply relevant laws and policies and use referral networks to support victims.

Violence against women, including rape and domestic abuse, remained a serious problem but was underreported. Among the reasons cited for failure to report abuse were pressure from male relatives, fear of reprisals, feelings of shame, and cultural taboos on discussing such matters.

A 2011 World Health Organization report revealed more than half of the women in the country had experienced sexual violence by an intimate partner and that 64 percent of women age 15 to 49 years regularly experienced violence in the home.

The Family Protection Act requires that victims of domestic violence have access to counseling and medical services, legal support, and a safe place within the community if they cannot return home. The government has a referral system in place to coordinate these services, but referral agencies often lacked funding, especially in rural areas. The Family Support Center and a church-run facility for abused women provided counseling and other support services for women.

Other Harmful Traditional Practices: The incidence of customary bride-price payments continued to increase and contributed to the perception of male ownership of women.

Sexual Harassment: Sexual harassment is not illegal and was a widespread problem.

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

Discrimination: While the law accords women equal legal rights, including the right to own property, most women were limited to customary family roles that prevented them from taking more active roles in economic and political life. No laws mandate equal pay for work of equal value (see section 7.d.). The government did not provide sufficient resources to enforce equal rights laws effectively.

Children

Birth Registration: Children acquire citizenship through their parents. The laws do not allow dual citizenship for adults, and persons who acquire dual citizenship at birth must decide by age 18 years which citizenship to retain. Registration delays did not result in denial of public services to children.

Education: Education was neither free nor compulsory. The government continued to implement its Free Fee Basic Education Policy, which covers the operational costs for children to attend school but allows school management to request additional contributions from families in the form of cash, labor, or school fundraising. The policy is intended to increase educational access by subsidizing school fees for students age six to 15 years in grades one through nine, but it rarely covered all costs. The additional school fees and other costs or required contributions prevented some children from attending school. According to 2013 data from the Asian Development Bank, 75 percent of boys who entered primary school reached the final grade, whereas only 69 percent of girls did. According to the bank, gender imbalance in education decreased from earlier years.

Child Abuse: The law grants children the same general rights and protections as adults, with some exceptions. The law mandates the Social Welfare Division of the Ministry of Health and Medical Services to coordinate child protection services and authorizes the courts to issue protection orders in cases of serious child abuse or neglect. Laws do not specifically prohibit the use of children in illicit activities such as drug trafficking.

The government did not provide sufficient resources to enforce laws designed to protect children from sexual abuse, child labor, and neglect (see section 7.c.). The law criminalizes domestic violence including violence against children, but lacked public awareness and enforcement. Child sexual and physical abuse remained significant problems. Nonetheless, the traditional extended-family system generally respected and protected children in accordance with a family’s financial resources and access to services.

Early and Forced Marriage: Both boys and girls may legally marry at age 15 years, and the law permits marriage at age 14 with parental and village consent. Marriage at such young ages was not common.

Sexual Exploitation of Children: The minimum age for consensual sex is age 15 years. The maximum penalty for sexual relations with a girl younger than age 13 is life imprisonment, and for sexual relations with a girl age 13 to 15, the penalty is five years’ imprisonment. Consent is not a permissible defense under these provisions; however, in the latter case, reasonable belief the victim was age 15 years or older is a permissible defense. Selling or hiring minors younger than age 15 and girls younger than age 18 for prostitution is punishable as a criminal offense. Prostitution laws do not cover boys age 15 to 18 and therefore leaves them without legal protection. There were reports of workers in logging camps sexually exploiting girls as young as age 12, but in most cases, official charges were not filed.

Child pornography is illegal and carries a maximum penalty of 10 years’ imprisonment. Amendments to the penal code passed in 2017 criminalize commercial sexual exploitation of children and participation in or use, distribution, and storing of sexually exploitative materials with children, and some forms of internal child trafficking. Within the country girls and boys were exploited in prostitution and sexual servitude.

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

Anti-Semitism

The Jewish community was very small, 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

No law or national policy prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities, and no legislation mandates access to buildings, information, or communications for such individuals. Very few buildings were accessible to persons with disabilities. In August parliament passed changes to the Electoral Act that require electoral officials to provide special accommodation for voters with disabilities.

The country had one separate educational facility, supported almost entirely by the International Committee of the Red Cross, for children with disabilities. Children with disabilities could attend mainstream schools, but inaccessible facilities and a lack of resources often made it difficult for them to access education. No law requires reasonable accommodations in the workplace and high unemployment nationwide made it difficult for persons with disabilities to find work, particularly in rural areas.

The government relied upon families to meet the needs of persons with mental disabilities, and there were very limited government facilities or services for such persons.

National/Racial/Ethnic Minorities

The country has more than 27 major islands with approximately 70 language groups. Many islanders saw themselves first as members of a clan, next as inhabitants of their natal island, and only third as citizens of their nation. Tensions and resentment between the Guadalcanalese and the Malaitans on Guadalcanal culminated in violence beginning in 1998. Reconciliation ceremonies organized during the year led to further easing of tensions between the two groups. Underlying problems between the two groups remained, however, including issues related to jobs and land rights.

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

“Sodomy” is illegal, as are “indecent practices between persons of the same sex.” The maximum penalty for the former is 14 years’ imprisonment and for the latter five years. There were no reports of arrests or prosecutions directed at lesbian, gay, bisexual, transgender, or intersex persons under these provisions during the year, and authorities generally did not enforce these laws.

There are no specific antidiscrimination laws based on sexual orientation and gender identity. There were no reports of violence or discrimination against persons based on sexual orientation or gender identity, although stigma may hinder some from reporting.

HIV and AIDS Social Stigma

There was societal discrimination toward persons with HIV/AIDS, but unlike in the past, there were no specific reports of disownment by families and no reports of violence targeting persons with HIV/AIDS.

Other Societal Violence or Discrimination

There were three reported cases of sorcery-related violence during the year. The violence typically targeted the most vulnerable persons: young women, widows without male sons, and the elderly.

In February, Prime Minister Houenipwela launched the second phase of the UN Peacebuilding Project aimed at consolidating peace, stability, and social cohesion. With support from the UN Peacebuilding Project, the government hosted stakeholder dialogues targeting women and youth as key agents for peacebuilding efforts.

Section 7. Worker Rights

The law provides for the right of workers to form and join unions, conduct legal strikes, and bargain collectively. The law prohibits antiunion discrimination but does not specifically provide for reinstatement of workers fired for trade union activity. The law permits strikes in both the public and private sectors. A notice to the government 28 days prior to a strike is required for strikes to be legal. The government prohibits strikes by civil servants in essential services, but there are procedures in place to provide these workers due process and protect their rights. The government defines essential services as including, but not limited to, the health, public security, aviation, marine, immigration, and disaster-relief sectors. The law does not provide for the rights of workers in the informal sector to organize or to collective bargaining.

Government enforcement of the law was inconsistent; the small penalties were not sufficient to deter violations. The penalty for antiunion discrimination was not effective, for example, because employers could afford to pay the fine and easily replace workers. Penalties for illegal strikes, on the other hand, served as a deterrent for employees to strike.

Collective bargaining agreements determined wages and conditions of employment in the formal economy. Disputes between labor and management not settled between the two sides were referred to the Trade Disputes Panel for arbitration, either before or during a strike. While the panel deliberates, employees have protection from arbitrary dismissal or lockout. The three-member panel, composed of a chairperson appointed by the judiciary, a labor representative, and a business representative, is independent and neutral. The panel’s decisions are binding on the parties. Administrative and judicial procedures were not subject to lengthy delays or appeals.

Workers exercised their rights to associate and bargain collectively, although employers did not always respect these rights. Since only a small percentage of the workforce was in formal-sector employment, employers could easily replace workers if disputes were not resolved quickly.

In February the Solomon Islands Nurses Association issued a strike notice to the government for not honoring a 2008 agreement to improve working conditions. The government agreed to review the agreement, and the union withdrew the strike notice. The Workers Union of Solomon Islands actively negotiated with private employers during the year.

The constitution prohibits all forms of forced or compulsory labor, except as part of a court sentence or order. The government did not effectively enforce the law. The immigration act prohibits transnational forced labor, and the penal code prohibits internal forced labor and prescribes a maximum penalty of 15 years’ imprisonment (or 20 years if the victim is a child).

The government typically relied on labor inspectors to report on any instances of forced or compulsory labor during regularly scheduled routine inspections; however, there were not enough inspectors or resources to enforce the laws effectively. The government continued its efforts to monitor and investigate operations at logging companies, although it did not initiate any prosecutions.

There were reports of adults forced to work in logging camps and of children in domestic servitude or service industries. Fishermen have reported situations indicative of labor trafficking, including nonpayment of wages, severe living conditions, violence, and limited food supply on Taiwan-flagged fishing vessels in the Solomon Islands’ territorial waters and ports.

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

The law prohibits labor by children younger than age 12 years, except light agricultural or domestic work performed in the company of parents, or other labor approved by the commissioner of labor. Children younger than age 18 may not work at night in any industry without specific written permission from the labor commissioner. Girls younger than age 18 may not work on a ship or underground in mines; boys may work on a ship or underground in a mine if they are at least 16 years old, provided they have a medical certificate attesting they are fit for such work. The law bars children younger than age 15 from work in industry or on ships, except aboard training ships for educational purposes. The law does not limit the number of hours a child can work, nor does it clearly set forth a minimum age for hazardous work or delineate the type of work considered hazardous for all children.

The commissioner of labor is responsible for enforcing child labor laws, but the resources devoted to investigating child labor cases were inadequate to investigate or deter violations. The law provides for penalties of SBD 5,000 ($605) for any person who contravenes or fails to comply with the law on the employment of children and young persons; there was no information available on the application of such penalties.

Children worked in agriculture, fishing, alluvia mining, as domestic servants, cooks, and in logging camps where conditions often were poor. For example, young girls worked long hours and in isolation as domestic workers in mining camps. In some cases these conditions could amount to forced labor (see section 7.b.). There were reports of commercial sexual exploitation of children (see section 6, Children). Children also assisted in cultivating, distributing, and selling local drugs such as betel nut or marijuana. They were at risk of physical abuse, mental illness, addiction, sexual abuse, and robbery.

According to the Solomon Islands Demographic and Health Survey, 2 percent of children age five to 11 years and 12 percent of children age 12 to 14 were engaged in paid labor. Paid child labor was more common among female children in urban areas and all children living in rural areas.

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

No laws regarding employment and occupation prohibit discrimination in employment and occupation. Under the Public Service Code of Conduct, public officers have a responsibility to ensure their workplace is “free from harassment, including sexual harassment.” Discrimination in employment and occupation occurred with respect to women, disability, language, sexual orientation and gender identity, and HIV-positive status.

Women experienced discrimination especially in the attainment of managerial positions. Employed women were predominantly engaged in low-paying and low-skilled jobs. A 2013 government report, the most recent data available, presented evidence of a significant gender gap in senior positions, using public service as an example. According to the report, women continued to dominate the lower administrative level on the public service workforce, but very few women held senior management positions. A shortage of jobs compounded the limited entry and opportunities of women in the workforce. A program funded by the International Finance Corporation and implemented in cooperation with the Ministry of Women, Youth, Children, and Family Affairs worked with businesses for four years to provide tools to recruit, retain, and promote women throughout domestic companies. The ministry is also responsible for implementation of the National Gender Equality and Women’s Development Policy, which aims to remove barriers to women’s participation in formal employment.

The minimum wage was SBD 4.00 ($0.48) per hour for all workers except those in the fishing and agricultural sectors, who received SBD 3.50 ($0.42). The official estimate for the extreme poverty level in the country was SBD 9.74 ($1.18) per day. The proportion of the population living below the food poverty line was 4.4 percent. The standard workweek is 45 hours and is limited to six days per week.

Occupational safety and health laws require employers to provide a safe working environment and forbid retribution against any employee who seeks protection under labor regulations. These laws are current and appropriate for main industries. Laws on working conditions and safety standards apply equally to foreign workers and citizens. Some workers could not remove themselves from situations that endangered their health or safety, particularly in the fishing and logging industries, without jeopardy to their employment.

The commissioner of labor in the Ministry of Commerce, Industry, Labor and Immigration, the public prosecutor, and police are responsible for enforcing labor laws; however, they usually reacted to complaints rather than routinely monitoring adherence to the law. The government’s minimal human and financial resources limited its ability to enforce the law in smaller establishments, the informal economy, and the subsistence sector. The number of labor inspectors was, moreover, insufficient to monitor labor practices routinely, particularly in extractive sectors outside of the capital. An active labor movement and an independent judiciary, however, helped provide effective oversight of labor law enforcement in major state and private enterprises. The law does not specify penalties for violations, significantly weakening effective enforcement.

Workers in the logging, construction, and manufacturing industries were subject to hazardous and exploitative work. Accidents were largely due to negligence or failure to adhere to safety practices by employees and employers.

Somalia

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

Women

Rape and Domestic Violence: The law criminalizes rape, providing penalties of five to 15 years in prison for violations. Military court sentences for rape included death. The government did not effectively enforce the law. There are no federal laws against spousal violence, including rape, although in 2016 the Council of Ministers approved a national gender policy that gives the government the right to sue anyone convicted of committing gender-based violence, such as the killing or rape of a woman. On August 28, the Somaliland president signed into law the Sexual Offenses Bill, which provides punishment up to 20 years’ imprisonment for perpetrators and compensation for victims. Puntland enacted a state law against sexual offenses in 2016 that provides for life imprisonment or the death penalty for offenses such as rape using a weapon. In 2017 Puntland opened its first forensic laboratory, and the attorney general hired 10 female lawyers to serve as experts in rape and sexual violence cases.

Somali NGOs documented patterns of rape perpetrated with impunity, particularly of female IDPs and members of minority clans.

Government forces, militia members, and men wearing uniforms raped women and girls. While the army arrested some security force members accused of such rapes, impunity was the norm.

IDPs and members of marginalized clans and groups suffered disproportionately from gender-based violence. Police were reluctant to investigate and sometimes asked survivors to do the investigatory work for their own cases. Some survivors of rape were forced to marry perpetrators.

Authorities rarely used formal structures to address rape. Survivors suffered from subsequent discrimination based on the attribution of “impurity.”

In April following a clan conflict, an opposing clan member raped and attacked a 13-year-old girl, causing grievous bodily injuries. The Galmudug government had not prosecuted the alleged perpetrator.

Local civil society organizations in Somaliland reported that gang rape continued to be a problem in urban areas, primarily perpetrated by youth gangs and male students. It often occurred in poorer neighborhoods and among immigrants, returned refugees, and displaced rural populations living in urban areas.

Domestic and sexual violence against women remained serious problems despite the provisional federal constitution provision prohibiting any form of violence against women. While both sharia and customary law address the resolution of family disputes, women were not included in the decision-making process.

Al-Shabaab also committed sexual violence, including through forced marriages. Al-Shabaab sentenced persons to death for rape.

Female Genital Mutilation/Cutting (FGM/C): Although the provisional federal constitution describes female circumcision as cruel and degrading, equates it with torture, and prohibits the circumcision of girls, FGM/C was almost universally practiced throughout the country.

After a 10-year-old girl died following the FGM/C process in July, Attorney General Ahmed Ali Dahir promised to carry out an investigation and to bring responsible parties to court. Two sisters, ages 10 and 11, bled to death in Arawda North village in Galdogob district, Puntland in September after undergoing FGM/C. No charges had been filed in either case.

Other Harmful Traditional Practices: Adultery in al-Shabaab-controlled areas was punishable by death. In May a woman was stoned to death in the town of Sablale, Lower Shabelle Region after al-Shabaab members accused her of polygamy.

Sexual Harassment: The provisional federal constitution states that workers, particularly women, shall have a special right of protection from sexual abuse and discrimination. Nevertheless, sexual harassment was believed to be widespread.

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

Discrimination: Women did not have the same rights as men and experienced systematic subordination to men, despite provisions in the federal constitution prohibiting such discrimination. Women experienced discrimination in credit, education, politics, and housing. In 2016, five months after the Council of Ministers approved a national gender policy to increase women’s political participation, economic empowerment, and the education of girls, the Somali Religious Council publicly warned the government against advocating for women in politics. The council called the 30 percent quota for women’s seats in parliament “dangerous” and against Islamic religious tenets and predicted the policy would lead to disintegration of the family. When the minister for human rights and women tabled the sexual offenses bill, religious clerics called for her to be criminally charged.

Only men administered sharia, which often was applied in the interests of men. According to sharia and the local tradition of blood compensation, anyone found guilty of the death of a woman paid to the victim’s family only half the amount required to compensate for a man’s death.

The exclusion of women was more pronounced in al-Shabaab-controlled areas, where women’s participation in economic activities was perceived as anti-Islamic.

While formal law and sharia provide women the right to own and dispose of property independently, various legal, cultural, and societal barriers often obstructed women from exercising such rights. By law girls and women could inherit only half the amount of property to which their brothers were entitled.

Children

Birth Registration: The provisional federal constitution provides that there is only one Somali citizenship and calls for a special law defining how to obtain, suspend, or lose it. As of year’s end, parliament had not passed such a law.

According to UNICEF data from 2010 to 2015, authorities registered 3 percent of births in the country. Authorities in Puntland and in the southern and central regions did not register births. Birth registration occurred in Somaliland, but numerous births in the region were unregistered. Failure to register births did not result in denial of public services, such as education.

Education: The provisional constitution provides the right to a free education up to the secondary level, but education was not free, compulsory, or universal. In many areas, children did not have access to schools. Nearly one-half of the student-age population remained out of school due to barriers such as poverty in rural areas, poor school safety, exorbitant school fees, and competing household and labor demands. NGOs and nonstate private actors attempted to fill this gap, but with different curricula, standards, and languages of instruction. Preprimary Islamic education continued to be prevalent, and often led to late primary student enrollment. Girls faced additional challenges of early marriage and low prioritization of girls’ education, leading to even lower attendance. There was an insufficient supply of qualified teachers, particularly female teachers.

The government lacked funds to provide effective education countrywide, a gap partially filled by NGOs and nonstate private actors, and its reach was often limited to more secure urban areas.

Child Abuse: Child abuse and rape of children were serious problems and there were no known efforts by the government or regional governments to combat child abuse. Children remained among the chief victims of continuing societal violence.

The practice of “asi walid,” whereby parents placed their children in boarding schools, other institutions, and sometimes prison for disciplinary purposes and without any legal procedure, continued throughout the country.

Early and Forced Marriage: The provisional federal constitution requires both marriage partners to have reached the “age of maturity” and defines a child as a person younger than 18. It notes marriage requires the free consent of both the man and woman to be legal. Early marriages frequently occurred. In areas under its control, al-Shabaab arranged compulsory marriages between its soldiers and young girls and used the lure of marriage as a recruitment tool. There were no known efforts by the government or regional authorities to prevent early and forced marriage.

Sexual Exploitation of Children: Child prostitution is illegal in all regions. There is no statutory rape law or minimum age for consensual sex. The law does not expressly prohibit child pornography. The law on sexual exploitation was rarely enforced, and such exploitation reportedly was frequent.

Child Soldiers: The use of child soldiers remained a problem (see section 1.g.).

Displaced Children: There was a large population of IDPs and children who lived and worked on the streets.

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

Anti-Semitism

There was no known Jewish community, 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 provisional federal constitution provides equal rights before the law for persons with disabilities and prohibits the state from discriminating against them. Authorities did not enforce these provisions. The provisional federal constitution does not discuss discrimination by nongovernmental actors.

The needs of most persons with disabilities were not addressed. According to Amnesty International, persons with disabilities faced daily human rights abuses, such as unlawful killings, violence including rape and other forms of sexual violence, forced evictions, and lack of access to health care or an adequate standard of living. Children and adults with all types of disabilities were often not included in programs aimed at supporting people in the country, including humanitarian assistance. IDPs were often victims of multiple forced evictions. Domestic violence and forced marriage were prevalent practices affecting persons with disabilities. Women and girls with disabilities faced an increased risk of rape and other forms of sexual violence, often with impunity, due to perceptions that their disabilities were a burden to the family or that such persons were of less value and could be abused.

Without a public health infrastructure, few services existed to provide support or education for persons with mental disabilities. It was common for such persons to be chained to a tree or restrained within their homes.

Local organizations advocated for the rights of persons with disabilities with negligible support from local authorities.

National/Racial/Ethnic Minorities

More than 85 percent of the population shared a common ethnic heritage, religion, and nomad-influenced culture. In most areas, the predominant clan excluded members of other groups from effective participation in governing institutions and subjected them to discrimination in employment, judicial proceedings, and access to public services.

Minority groups, often lacking armed militias, continued to be disproportionately subjected to killings, torture, rape, kidnapping for ransom, and looting of land and property with impunity by faction militias and majority clan members, often with the acquiescence of federal and local authorities. Many minority communities continued to live in deep poverty and to suffer from numerous forms of discrimination and exclusion.

In September an ethnically Bantu man in Mogadishu was burned to death by the family of his recently married nephew’s wife because they belonged to a higher-ranking clan.

Fighting between clans resulted in deaths and injuries (see section 1.g.).

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

Same-sex sexual contact is punishable by imprisonment for three months to three years. The country’s penal code classifies sexual violence as an “offense against modesty and sexual honor” rather than as a violation of bodily integrity, and punishes same-sex intercourse. The law does not prohibit discrimination based on sexual orientation or gender identity. There were no known lesbian, gay, bisexual, transgender, and intersex (LGBTI) organizations and no reports of events. There were few reports of societal violence or discrimination based on sexual orientation or gender identity due to severe societal stigma that prevented LGBTI individuals from making their sexual orientation or gender identity known publicly. There were no known actions to investigate or punish those complicit in abuses. Hate crime laws or other criminal justice mechanisms do not exist to aid in the prosecution of bias-motivated crimes against members of the LGBTI community.

HIV and AIDS Social Stigma

Persons with HIV/AIDS continued to face discrimination and abuse in their local communities and by employers in all regions. The United Nations reported that persons with HIV/AIDS experienced physical abuse, rejection by their families, and workplace discrimination and dismissal. Children of HIV-positive parents also suffered discrimination, which hindered access to services. There was no official response to such discrimination.

Section 7. Worker Rights

The provisional federal constitution provides for the right of every worker to form and join a trade union, participate in the activities of a trade union, conduct legal strikes, and engage in collective bargaining. No specific legal restrictions exist that limit these rights. The law does not provide limits on the scope of collective bargaining. The provisional federal constitution does not address antiunion discrimination or the reinstatement of workers fired for union activity. Legal protections did not exclude any particular groups of workers. While penalties for violating the provisions of the 1972 labor code included six months in jail, the government lacked the capacity to enforce applicable laws effectively.

Government and employers did not respect freedom of association or collective bargaining rights. The government interfered in union activities. In June the FGS transmitted a memorandum of understanding signed between the Ministry of Labor and Social Affairs and the Federation of Somali Trade Unions (FESTU) agreeing to develop a shared set of enforceable principles, noting that FESTU is the most representative national trade union organization in the country, that the FGS and FESTU should establish a tripartite dialogue, and that the head of FESTU represents as worker delegate for the country. Two affiliated unions claimed that in February government officials called the hotels where they were holding meetings and asked the hotels to cancel the reservations for the unions.

In June FESTU became accredited to the International Labor Organization (ILO’s) International Labor Conference to represent Somali workers after the International Trade Unions Confederation (ITUC) submitted an objection against government-accredited persons who attended as workers’ delegates. The delegates were not trade union representatives and not genuine officials of FESTU. The FGS had accredited representatives over the past four years who FESTU argued were not genuine trade unionists. The ILO’s Credentials Committee agreed with the objection of ITUC and revoked the credentials of individuals accredited by the government as workers representatives, allowing FESTU leaders to be accredited as official delegation, representing workers of Somalia at the conference.

The provisional federal constitution prohibits slavery, servitude, trafficking, or forced labor for any purpose. Authorities did not effectively enforce the law. Under the pre-1991 penal code, applicable at the federal and regional levels, the penalty for slavery is imprisonment for five to 20 years. The penalty for using forced labor is imprisonment for six months to five years. Although the penalties appeared sufficiently stringent, they were rarely enforced. There were no known efforts by the government to prevent or eliminate forced labor in the country. The Ministry of Labor and Social Affairs did not have an inspectorate and did not conduct any labor-related inspections.

Forced labor occurred. Children and minority clan members were reportedly used as porters to transport the mild narcotic khat (or “miraa”) and in farming and animal herding, crushing stones, and construction. Al-Shabaab forced persons in their camps to move to the countryside, reportedly to raise cash crops for the organization.

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

It was unclear whether there was a minimum age for employment. The pre-1991 labor code prohibits child labor, provides a legal minimum age of 15 for most employment, prescribes different minimum ages for certain hazardous activities, and prohibits those younger than 18 from night work in the industrial, commercial, and agricultural sectors, apart from work that engages family members only. The provisional federal constitution states, “No child may perform work or provide services that are not suitable for the child’s age or create a risk to the child’s health or development in any way.” The provisional federal constitution defines a child as any person younger than 18.

The federal Ministries of Labor and Social Affairs and of Women and Human Rights Development, as well as the Somali National Police, are responsible for enforcing child labor laws. The ministries, however, did not enforce these laws. Many of the laws related to the commercial exploitation of children are included in the 1962 penal code. These laws were not adequate to prevent child labor, as many of the fines were negligible due to inflation. The government participated in campaigns to remove children from participation in armed conflict (see section 1.g.).

Child labor was widespread. The recruitment and use of child soldiers remained a problem (see section 1.g.). Youths commonly worked in herding, agriculture, household labor, and forced begging from an early age. Children broke rocks into gravel and worked as vendors and transporters of cigarettes and khat on the streets. UNICEF estimated that 49 percent of children between the ages of five and 14 were in the workforce between 2009 and 2015.

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 and regulations prohibit discrimination regarding race, sex, disability, political opinion, color, language, or social status, but the government did not effectively enforce those laws and regulations. The labor code requires equal pay for equal work. According to the 1972 labor code, penalties included imprisonment up to six months and/or a fine of not more than 1,000 Somali shillings (less than one dollar). Penalties were not sufficient to deter violations. The law does not prohibit discrimination on the basis of religion, age, national origin, social origin, sexual orientation or gender identity, or HIV-positive status or other communicable diseases.

Bantu communities, primarily living between the Juba and Shabelle rivers in southern Somalia, continued to face discrimination, including verbal abuse, and being forced to adopt Arabic names. The discrimination was renewed in IDP camps, where Bantu women were not protected by traditional clan structure. Ethnic Bantu Federal Parliamentarian Mohamed Nur spoke before the Parliament about his experiences confronting prejudice in the country.

There was no national minimum wage. According to the World Bank, 69 percent of the population covered by the Somali High Frequency Survey Wave Two lived in poverty.

The labor code provides for a standard workweek of 48 hours and at least nine paid national holidays and 15 days’ annual leave, requires premium pay for overtime, and limits overtime to a maximum of 12 hours per week. The law sets occupational health and safety standards. The law does not specifically address whether workers can remove themselves from situations that endanger health or safety without jeopardy to their employment.

There was no organized effort to monitor working conditions. The Ministry of Labor and Social Affairs is responsible at the federal level for establishing occupational safety and health standards and enforcement, although it was not effective. There were no labor inspectors.

Wages and working conditions were established largely through arrangements based on supply, demand, and the influence of workers’ clans. There was no information on the existence or status of foreign or migrant workers in the country. Most workers worked in the informal sector.

Authorities did not have the capacity to protect workers who wished to remove themselves from situations that endangered their health or safety, although no such cases were reported.

South Africa

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

Women

Rape and Domestic Violence: Rape of men or women, including spousal rape, is illegal and remained a serious and pervasive problem. The minimum sentence for conviction of rape is 10 years in prison for the first offense. Under certain circumstances, such as second or third offenses, multiple rapes, gang rapes, or the rape of a minor or a person with disabilities, conviction requires a minimum sentence of life imprisonment, unless substantial and compelling circumstances exist to justify a lesser sentence. Perpetrators with previous rape convictions and perpetrators aware of being HIV positive at the time of the rape also face a minimum sentence of life imprisonment, unless substantial and compelling circumstances exist to justify a lesser sentence.

In most cases attackers were acquaintances or family members of the victim, which contributed to a reluctance to press charges, as did a poor security climate and societal attitudes. In June, Khensani Maseko, a Rhodes University student, committed suicide after being raped by her boyfriend. In response the Department of Higher Education drafted a policy that requires institutions to expand support for victims of sexual violence and that perpetrators be prosecuted. From April 2017 through March, 40,525 cases of rape were reported. According to the 2017-2018 NPA Annual Report, the conviction rate for sexual offense crimes was 73 percent based on a sample of 6,879 cases that were “finalized” or investigated first as rape cases before being passed to the NPA and tried. A Medical Research Council study on the investigation, prosecution, and adjudication of reported rape cases concluded that only 18.5 percent of cases reported went to trial and only 8.6 percent of cases resulted in a verdict of guilty. Prosecutors chose not to prosecute many cases due to insufficient evidence. Poor police training, insufficient forensic lab capacity, a lack of trauma counseling for victim witnesses, and overburdened courts contributed to the low conviction rate.

The Department of Justice operated 58 dedicated sexual-offenses courts throughout the country. Although judges in rape cases generally followed statutory sentencing guidelines, women’s advocacy groups criticized judges for using criteria such as the victim’s behavior or relationship to the rapist as a basis for imposing lighter sentences.

The NPA operated 55 rape management centers, or TCCs (Thuthuzela Care Centers). All TCCs were located at hospitals. Of rape cases brought to TCCs, 47 percent went to trial and were terminated–by either conviction or acquittal–within nine months from the date a victim reported the case.

Domestic violence was pervasive and included physical, sexual, emotional, and verbal abuse, as well as harassment and stalking. The government prosecuted domestic violence cases under laws governing rape, indecent assault, damage to property, and violating a protection order. The law requires police to protect victims from domestic violence, but police commanders did not always hold officers accountable. Conviction of violating a protection order is punishable by a prison sentence of up to five years, or up to 20 years if additional criminal charges apply. Penalties for conviction of domestic violence include fines and sentences of between two and five years’ imprisonment.

The government financed shelters for abused women, but NGOs reported a shortage of such facilities, particularly in rural areas, and that women were sometimes turned away from shelters. The government conducted rape and domestic violence awareness campaigns, including a first-of-its-kind GBV summit. In August the government hosted numerous events focused on empowering women in business, government, health, sports, and the arts; however, many civil society organizations were critical of the Ministry of Women’s general focus on women’s economic empowerment while neglecting the issue of GBV.

On August 1, women across the country participated in #TotalShutdown, a one-day protest against violence against women. According to SAPS, the number of incidents of violence against women and children drastically increased nationwide during the year. In November, SAPS arrested two suspects in connection with the killing of three women and four children from one family in Vlakfontein (south of Johannesburg).

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C of girls and women, but girls in isolated zones in ethnic Venda communities in Limpopo Province were subjected to the practice. The government continued initiatives to eradicate the practice, including national research and sensitization workshops in areas where FGM/C was prevalent. For additional information, see Appendix C.

Sexual Harassment: Although the law prohibits sexual harassment, it remained a widespread problem. With criminal prosecution a rare secondary step that the complainant must request, the government left enforcement primarily to employers. The Department of Labor issued guidelines to employers on how to handle workplace complaints that allow for remuneration of a victim’s lost compensation plus interest, additional damages, legal fees, and dismissal of the perpetrator in some circumstances.

Coercion in Population Control: There were no reports of forced abortion or involuntary sterilization. For additional information, see Appendix C.

Discrimination: Discrimination against women remained a serious problem despite legal equality in family, labor, property, inheritance, nationality, divorce, and child custody matters. Women experienced economic discrimination in wages, extension of credit, and ownership of land.

Traditional patrilineal authorities, such as a chief or a council of elders, administered many rural areas. Some traditional authorities refused to grant land tenure to women, a precondition for access to housing subsidies. Women could challenge traditional land tenure decisions in courts, but access to legal counsel was costly.

According to the Employment Equity Amendment Act, any difference in the terms or conditions of employment among employees of the same employer performing the same, substantially similar, or equal value work constitutes discrimination. The act expressly prohibits unequal pay for work of equal value and discriminatory practices, including unequal pay and separate pension funds for different groups in a company.

The minister of women in the Presidency, the Commission for Gender Equality, the Commission for Employment Equity, and a number of other government bodies monitored and promoted women’s rights, as did numerous NGOs and labor unions.

Children

Birth Registration: The law provides for citizenship by birth (if at least one parent is a permanent resident or citizen), descent, and naturalization. Nevertheless, registration of births was inconsistent, especially in remote rural areas or among parents who were unregistered foreign nationals. Children without birth registration had no access to free government services such as education or health care, and their parents had no access to financial grants for their children. For additional information, see Appendix C.

Education: Public education is compulsory and universal until age 15 or grade nine. Public education is fee-based and not fully subsidized by the government. Nevertheless, the law provides that schools may not refuse admission to children due to a lack of funds; disadvantaged children, who were mainly black, were eligible for assistance. Even when children qualified for fee exemptions, low-income parents had difficulty paying for uniforms and supplies. In violation of law, noncitizen children were sometimes denied access to education.

Child Abuse: Child abuse is illegal. The penalties for conviction of child abuse include fines and up to 20 years’ imprisonment. Violence against children, including domestic violence and sexual abuse, remained widespread.

Some teachers and other school staff harassed, abused, raped, and assaulted students in schools, according to reports. The law requires schools to disclose sexual abuse to authorities, but administrators sometimes concealed sexual violence or delayed disciplinary action.

In April a Hermanus (Western Cape) schoolteacher was tried for the rape and kidnapping at gunpoint of a female pupil. The trial continued at year’s end.

Early and Forced Marriage: By law parental or judicial consent to marry is required for individuals younger than 18. Nevertheless, ukuthwala, the practice of abducting girls as young as age 12 and forcing them into marriage, occurred in remote villages in Western Cape, Eastern Cape, and KwaZulu-Natal Provinces. The law prohibits nonconsensual ukuthwala and classifies it as a trafficking offense. According to the 2016 State of the World’s Children Report of the UN Children’s Fund, 6 percent of girls in the country were married before age 18. For additional information, see Appendix C.

Sexual Exploitation of Children: Penalties for conviction of sexual exploitation of a child include fines and imprisonment of up to 20 years. By law the age of consent is 16. The statutory sentence for conviction of rape of a child is life in prison, although the law grants judicial discretion to issue sentences that are more lenient.

The law prohibits child pornography and provides for penalties including fines and imprisonment of up to 10 years. The Film and Publications Board maintained a website and a toll-free hotline for the public to report incidents of child pornography.

International Child Abductions: The country is a party to the 1980 Hague Convention on Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

The South African Jewish Board of Deputies estimated the Jewish community at 75,000 to 80,000 persons. There were reports of verbal abuse, hate speech, harassment, and attacks on Jewish persons or property. Government and political representatives made anti-Semitic statements.

Twin brothers Brandon Lee Thulsie and Tony Lee Thulsie, arrested in 2016 for allegedly planning to set off explosives at Jewish establishments, continued to await trial at year’s end. They were charged with contravening the Protection of Constitutional Democracy Against Terror and Related Activities law and with having ties to a foreign terrorist organization.

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, and mental disability in employment or access to health care, the judicial system, and education. Persons identified by the courts as having a mental disability, however, are prohibited by law from voting. Department of Transportation policies on providing services to persons with disabilities were consistent with the constitution’s prohibition on discrimination. The Department of Labor ran vocational centers at which persons with disabilities learned skills to earn a living. Nevertheless, government and private-sector discrimination existed. The law mandates access to buildings for persons with disabilities, but such regulations were rarely enforced, and public awareness of them remained minimal.

According to the 2017-2018 Annual Report of the Department of Basic Education, there were numerous barriers to education for students with disabilities, primarily a policy of channeling students into specialized schools at the expense of inclusive education. Separate schools frequently charged additional fees (making them financially inaccessible), were located long distances from students’ homes, and lacked the capacity to accommodate demand. Children often were housed in dormitories with few adults, many of whom had little or no training in caring for children with disabilities. When parents attempted to force mainstream schools to accept their children with disabilities–an option provided for by law–schools sometimes rejected the students outright because of their disabilities or claimed there was no room. Many blind and deaf children in mainstream schools received only basic care rather than education.

The law prohibits harassment of persons with disabilities and, in conjunction with the Employment Equity Act, provides guidelines on the recruitment and selection of persons with disabilities, reasonable accommodation for persons with disabilities, and guidelines on proper handling of employees’ medical information. Enforcement of this law was limited.

Persons with disabilities were sometimes subject to abuse and attacks, and prisoners with mental disabilities often received no psychiatric care. According to the 2016 Optimus Study, children with disabilities were 78 percent more likely than children without disabilities to have experienced sexual abuse in the home. According to media reports, in June a mute 11-year-old boy was raped at the Golden Hours Special Needs School in Durban North.

National/Racial/Ethnic Minorities

Incidents of racism continued. In March, Vicki Momberg was convicted of crimen injuria (see section 2.a.) for repeatedly addressing black police officers with a racial slur and sentenced to two years’ imprisonment without parole. She was recorded on video using the “K-word” 48 times at the officers who were trying to assist her after she was a victim of a theft in Johannesburg. Momberg’s conviction was the first under the 2000 Promotion of Prevention of Unfair Discrimination Act.

Some advocacy groups asserted that white farmers were targeted for burglaries, home invasions, and killing because of their race. Some analysts attributed the incidents to the country’s high and growing crime rate. According to the Institute for Security Studies, “farm attacks and farm murders have increased in recent years in line with the general upward trend in South Africa’s serious and violent crimes.” A report by the NGO AgriSA stated that killings on farms during the year were at their lowest level in the past 19 years. According to SAPS 2017/2018 crime statistics, farm killings represented only 0.3 percent of all killings in the country (62 of 20,336).

Xenophobic attacks on foreign African migrants and ethnic minorities occurred and sometimes resulted in death, injury, and displacement. Incidents of xenophobic violence generally were concentrated in areas characterized by poverty and lack of services. Citizens blamed immigrants for increased crime and the loss of jobs and housing. According to researchers from the African Center for Migration and Society, perpetrators of crimes against foreign nationals enjoyed relative impunity. In August, Soweto and other Johannesburg-area townships saw a spate of looting and violence targeted against small foreign-owned convenience shops. SAPS confirmed that four residents died and at least 27 were arrested on charges of murder, possession of firearms, and public disorder in connection with the violence. At year’s end their trial date had yet to be set.

Local community or political leaders who sought to gain notoriety in their communities allegedly instigated some attacks. The government sometimes responded quickly and decisively to xenophobic incidents, sending police and soldiers into affected communities to quell violence and restore order, but responses were often slow and inadequate. Since 2013 the government significantly reduced the number of assaults and deaths by evacuating foreign nationals from communities affected by xenophobic violence, although little was done to protect their property. Civil society organizations criticized the government for failing to address the causes of violence, for not facilitating opportunities for conflict resolution in affected communities, for failing to protect the property or livelihoods of foreign nationals, and for failing to deter such attacks by vigorous investigation and prosecution of perpetrators.

Indigenous People

The NGO Working Group of Indigenous Minorities in Southern Africa estimated there were 7,500 indigenous San and Khoi in the country, some of whom worked as farmers or farm laborers. By law the San and Khoi have the same political and economic rights as other citizens, although the government did not always effectively protect those rights or deliver basic services to indigenous communities. Indigenous groups complained of exclusion from land restitution, housing, and affirmative action programs. They also demanded formal recognition as “first peoples” in the constitution. Their lack of recognition as “first peoples” excluded them from inclusion in government-recognized structures for traditional leaders. Their participation in government and the economy was limited due to fewer opportunities, lack of land or other resources, minimal access to education, and relative isolation.

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

The constitution prohibits discrimination based on sexual orientation. The law prohibits discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services such as health care.

Despite government policies prohibiting discrimination, there were reports of official mistreatment or discrimination based on sexual orientation or gender identity. Security force members, for example, reportedly raped LGBTI individuals during arrest. A 2018 University of Cape Town report underscored violence and discrimination, particularly against lesbians and transgender individuals. The report documented cases of “secondary victimization” of lesbians, including cases in which police harassed, ridiculed, and assaulted victims of sexual violence and GBV who reported abuse. LGBTI individuals were particularly vulnerable to violent crime due to anti-LGBTI attitudes within the community and among police. Anti-LGBTI attitudes among junior members of SAPS affected how they handled complaints by LGBTI individuals.

The multisector network of civil society organizations Hate Crimes Working Group analyzed 945 cases of hate crimes from across five provinces and found that 17 percent of victims were targeted due to their sexual orientation. According to the NGO, approximately 66 percent of hate crimes were not reported to police. Of those reported there were numerous abuses similar to the following example. In February media reported that during the annual gathering in Tongaat of pastors of the Shembe Nazareth Church, 50 male parishioners were beaten for being gay.

HIV and AIDS Social Stigma

HIV and HIV-related social stigma and discrimination in employment, housing, and access to education and health care remained a problem, especially in rural communities. In 2015 the South African National AIDS Council–a joint body composed of government, academic, and civil society representatives–released a landmark People Living with HIV Stigma Index. The council surveyed a representative sampling of more than 10,000 HIV-positive individuals regarding their experiences with social stigma. The survey revealed a large majority of respondents had never been excluded from social gatherings. Nevertheless, those who reported exclusion cited their HIV status as the main reason. For additional information, see Appendix C.

Other Societal Violence or Discrimination

There were reports that persons accused of witchcraft were attacked, driven from their villages, and in some cases killed, particularly in Limpopo, Mpumalanga, KwaZulu-Natal, and Eastern Cape Provinces. Victims were often elderly women. Traditional leaders generally cooperated with authorities and reported threats against persons suspected of witchcraft.

Persons with albinism faced discrimination and were sometimes attacked in connection with ritual practices.

Ritual (muthi) killings to obtain body parts believed by some to enhance traditional medicine persisted. Police estimated organ harvesting for traditional medicine resulted in 50 deaths per year.

Incidents of vigilante violence and mob killings occurred. For example, in August, two men were killed in separate incidents of mob justice in Brits (North West Province). In one case the victim of an armed robbery caught the perpetrator and took him to the night vigil of the victim’s congregation, where he was assaulted and later died of his injuries. In the second case, police arrested a man for assault. Hundreds of community members surrounded the police vehicle in which the suspect was being held, poured hot wax on the vehicle, pelted police with stones, and removed the suspect, whom they set on fire and killed.

Section 7. Worker Rights

The law allows all workers, with the exception of members of the National Intelligence Agency and the Secret Service, to form and join independent unions of their choice without previous authorization or excessive requirements. According to Statistics South Africa’s2018 Second Quarter Labor Force Survey, 4.15 million workers reported themselves as belonging to unions. According to the Department of Labor, as of July there were 196 registered unions. The law allows unions to conduct their activities without interference and provides for the right to strike, but it prohibits workers in essential services from striking, and employers are prohibited from locking out essential service providers. The government characterizes essential services as: (a) a service, the interruption of which endangers the life, personal safety, or health of the whole or part of the population; (b) the parliamentary service; or (c) members of SAPS.

The law allows workers to strike due to matters of mutual interest, such as wages, benefits, organizational rights disputes, socioeconomic interests of workers, and similar measures. Workers may not strike because of disputes where other legal recourse exists, such as through arbitration. Labor rights NGOs operated freely.

The law protects collective bargaining and prohibits employers from discriminating against employees or applicants on the basis of past, present, or potential union membership or participation in lawful union activities. The law provides for automatic reinstatement of workers dismissed unfairly for conducting union activities. The law provides a code of good practices for dismissals that includes procedures for determining the “substantive fairness” and “procedural fairness” of dismissal. The law includes all groups of workers, including illegal and legally resident foreign workers.

The government respected freedom of association and the right to collective bargaining. Labor courts and labor appeals courts effectively enforced the right to freedom of association and the right to collective bargaining, and penalties were sufficient to deter violations. According to Statistics South Africa’s 2018 Second Quarter Labor Force Survey, unions negotiated salary increments for 75 percent of workers in sectors where unions organized. Employers solely determined the salary increments for 55 percent of workers surveyed, and 6.2 percent of workers had no regular salary increment.

Worker organizations were independent of the government and political parties, although the Congress of South African Trade Unions (COSATU), the country’s largest labor federation, is a member of a tripartite alliance with the governing ANC party and the South African Communist Party. Some COSATU union affiliates lobbied COSATU to break its alliance with the ANC, arguing the alliance had done little to advance workers’ rights and wages. In April 2017 COSATU’s breakaway unions, unhappy with the ANC alliance, launched an independent labor federation, the South African Federation of Trade Unions.

The minister of labor has the authority to extend agreements by majority employers (one or more registered employers’ organizations that represent 50 percent plus one of workers in a sector) and labor representatives in sector-specific bargaining councils to the entire sector, even if companies or employees in the sector were not represented at negotiations. Companies not party to bargaining disputed this provision in court. Employers often filed for and received labor department exemptions from collective bargaining agreements.

If not resolved through collective bargaining, independent mediation, or conciliation, disputes between workers in essential services and their employers were referred to arbitration or the labor courts.

Workers frequently exercised their right to strike. Trade unions generally followed the legal process of declaring a dispute (notifying employers) before initiating a strike. Sectors affected by strikes during the year included transportation, health care, academia, municipal services, and mining. Strikes were sometimes violent and disruptive. For example, in June union members at Eskom, the country’s national electricity company, engaged in unlawful industrial actions, including sabotage to power plants and intimidation of nonparticipants, which resulted in a significant disruption to the country’s power grid and rolling nationwide blackouts. In August, Eskom signed a three-year wage agreement with the unions.

In March 2017 the government announced it had set aside 1.1 billion rand ($83 million at the time) to compensate surviving family members and victims of the 2012 Marikana Massacre in labor protests at a platinum mine. As of August only 67 million rand ($5.2 million) had been paid, according to the Government Communication and Information System.

During the year there were no credible cases of antiunion discrimination or employer interference in union functions, although anecdotal evidence suggested farmers routinely hampered the activities of unions on farms.

Rivalry and intolerance between unions were common. From mid-2017 to year’s end, a succession of killings and attacks of union leaders of both the Association of Mineworkers and Construction Union (AMCU) and NUM occurred (most likely born of rivalries between the two main unions in the platinum sector). The killings were considered violent aftershocks of the 2012 police killings of 34 striking platinum miners in Marikana. On January 18, the NUM leader at a Lonmin mine was shot and subsequently died in the hospital. In 2017 at least five AMCU members were killed in the platinum belt.

The law prohibits forced labor and provides for penalties ranging from fines to three years in prison for perpetrators convicted of forced labor. The penalties were insufficient to deter violations, in part because inspectors typically levied fines and required payment of back wages in lieu of meeting evidentiary standards of criminal prosecution. The Prevention and Combatting of Trafficking in Persons Act of 2013 increased maximum fines for forced labor to 100,000 rand ($7,720) and the maximum criminal sentence to life in prison.

The government did not always effectively enforce the law. Boys, particularly migrant boys, were reportedly forced to work in street vending, food services, begging, criminal activities, and agriculture (see section 7.c.). Women from Asia and neighboring African countries were recruited for legitimate work, but some were subjected to domestic servitude or forced labor in the service sector. There was also evidence of forced labor in the agricultural sector.

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

The law prohibits employment of children under age 15 and prohibits anyone from requiring or permitting a child under age 15 to work. The law allows children under age 15 to work in the performing arts, but only if their employers receive permission from the Department of Labor and agree to follow specific guidelines. The law also prohibits children between ages 15 and 18 from work that threatens a child’s wellbeing, education, physical or mental health, or spiritual, moral, or social development. Children may not work more than eight hours a day or before 6 a.m. or after 6 p.m. A child not enrolled in school may not work more than 40 hours in any week, and a child attending school may not work more than 20 hours in any week.

The law prohibits children from performing hazardous duties, including lifting heavy weights, meat or seafood processing, underground mining, deep-sea fishing, commercial diving, electrical work, working with hazardous chemicals or explosives, in manufacturing, rock and stone crushing, and work in casinos or other gambling and alcohol-serving establishments. Employers may not require a child to work in a confined space or to perform piecework and task work. Conviction of violation of child labor law is punishable by a maximum prison sentence of six years and a fine of 15,000 rand ($1,160).

The government enforced child labor laws in the formal sector of the economy that strong and well organized unions monitored, but enforcement in the informal and agricultural sectors was inconsistent. The Department of Labor deployed specialized child labor experts in integrated teams of child labor intersectoral support groups to each province and labor center.

In September 2017 Department of Labor inspectors opened 22 cases of child labor against a broker who recruited seasonal workers from poverty-stricken villages in North West Province on behalf of farmers in Wesselsbron, Free State Province. Prosecution of the broker was pending at year’s end. Cases of the worst forms of child labor were rare and difficult to detect, and neither the Department of Labor nor NGOs confirmed any cases during the year. The Department of Labor investigated a number of complaints but was unable to develop enough evidence to file charges. According to the department, the government made significant progress in eradicating the worst forms of child labor by raising awareness, putting strict legal measures in place, and increasing penalties for suspected labor violators.

Children were found working in domestic work, street work, and garbage scavenging for food items and recyclable items. Boys, particularly migrant boys, were reportedly forced to work in street vending, food services, begging, criminal activities, and agriculture. The government had yet to collect comprehensive data on child labor, but NGOs and inspectors considered it rare in the formal sectors of the economy.

See also 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 Employment Equity Act protects all workers against unfair discrimination on the grounds of race, age, gender, religion, marital status, pregnancy, family responsibility, ethnic or social origin, color, sexual orientation, disability, conscience, belief, political, opinion, culture, language, HIV status, birth, or any other arbitrary ground. The legal standard used to judge discrimination in all cases is whether the terms and conditions of employment between employees of the same employer performing the same or substantially similar work, or work of equal value, differ directly or indirectly based on any of the grounds listed above. Employees have the burden of proving such discrimination. The amendment increases fines incrementally for noncompliance to 2 percent of company revenue, or 1.5 million rand ($116,000), for a first offense. Authorities may fine up to 10 percent of company revenue, or 2.7 million rand ($208,000), for a fourth offense on the same provision within three years. The government has a regulated code of conduct to assist employers, workers, and unions to develop and implement comprehensive, gender-sensitive, and HIV/AIDS-compliant workplace policies and programs.

The government did not consistently enforce the law and penalties were insufficient to deter violations. Discrimination in employment and occupation occurred with respect to race, gender, disability, sexual orientation, HIV status, and country of origin (see section 6).

Discrimination cases were frequently taken to court or the Commission for Conciliation, Arbitration, and Mediation.

In its 2017-18 annual report containing the results of 27,163 employment equity reports submitted by designated employers (representing almost half of the country’s employed), the Commission for Employment Equity cited data indicating discrimination by ethnicity, gender, age, and disability in all sectors of the economy. According to the report, whites–who constituted only 9.9 percent of the economically viable population–held 67 percent of top management positions in the private sector. Blacks–who constituted 77 percent–held only 14 percent of top management positions in the private sector. The implementation of the Black Economic Empowerment law, which aims to promote economic transformation and enhance participation of blacks in the economy, continued. The public sector better reflected the country’s ethnic and gender demographics. Traditional gender stereotypes, such as “mining is a man’s job” and “women should be nurses” persisted. Bias against foreign nationals was common in society and the workplace. In 2016-17 labor department officials reportedly reviewed 849 companies for compliance with the employment equity law. The Department of Labor inspected 4,747 employers for compliance with the employment equity law. It found and “dealt with” (the official term) violations at 877 locations. No further information was provided as to the nature of the violation or enforcement.

There is no legally mandated national minimum wage, although the law gives the Department of Labor authority to set wages by sector, which it has done in approximately 13 employment sectors. For example, effective in March the department increased the minimum wage for farm workers to 16.25 rand ($1.25) per hour. The minimum hourly wage for domestic workers employed more than 27 hours per week was raised to 13.05 rand ($1.00) per hour for employees in the urban areas and to 11.8 rand ($0.91) for employees in semiurban and rural areas. Established minimum wages exceeded the poverty level. The government provided free housing for some employees earning less than 3,500 rand ($270) per month, free health care, and, in some areas, no-fee schooling to assist the children of low-income earners. The law protects migrant workers, and they are entitled to all benefits and equal pay.

The law establishes a 45-hour workweek, standardizes time-and-a-half pay for overtime, and authorizes four months of maternity leave for women. No employer may require or permit an employee to work overtime except by agreement, and overtime may not be more than 10 hours a week. The law stipulates rest periods of 12 consecutive hours daily and 36 hours weekly and must include Sunday. The law allows adjustments to rest periods by mutual agreement. A ministerial determination exempted businesses employing fewer than 10 persons from certain provisions of the law concerning overtime and leave. Farmers and other employers could apply for variances from the law by showing good cause. The law applies to all workers, including workers in informal sectors, foreign nationals, and migrant workers, but the government did not prioritize labor protections for workers in the informal economy.

The government set appropriate occupational health and safety standards through the Department of Mineral Resources for the mining industry and through the Department of Labor for all other industries.

There are harsh penalties for violations of occupational health laws in the mining sector. Employers are subject to heavy fines or imprisonment for serious injury, illness, or the death of employees due to unsafe mine conditions. The law allows mine inspectors to enter any mine at any time to interview employees and audit records. The law provides for the right of mine employees to remove themselves from work deemed dangerous to health or safety. The law prohibits discrimination against a mining employee who asserts a right granted by law and requires mine owners to file annual reports providing statistics on health and safety incidents for each mine. Conviction of violation of the mining health and safety law is punishable by two years’ imprisonment, and the law empowers the courts to determine a fine or penalty applicable for perjury. The Department of Mineral Resources was responsible for enforcing the mining health and safety law.

The government set separate standards for compensation of occupational diseases for the mining industry and for other industries. The Department of Health’s fund related to the Occupational Diseases in Mines and Works Act reported that only 33,045 former mineworkers were certified as having silicosis as of 2014, but the final figure could be between 50,000 and 100,000. The fund has set aside 3.7 billion rand ($286 million) to deal with the backlog and compensate former mineworkers. Additionally, in 2016 the Johannesburg High Court certified class action against 32 gold-mining companies operating in the country from 1965 to the present by mineworkers suffering from silicosis and tuberculosis contracted at the companies’ mines. The companies were accused of insufficiently protecting black workers in particular from contracting lung-related diseases. The class-action certification paved the way for nearly 500,000 existing and former mineworkers to receive compensation from mining companies. In May, six major mining companies and their workers agreed on a five billion rand ($386 million) settlement. Beneficiaries are to receive between 70,000 rand ($5,400) each for claimants in early stages of silicosis and 500,000 rand ($38,600) each for those with a “special aggravated medical condition.”

Outside the mining industry, no laws or regulations permit workers to remove themselves from work situations deemed dangerous to their health or safety without risking loss of employment, although the law provides that employers may not retaliate against employees who disclose dangerous workplace conditions. Employees were also able to report unsafe conditions to the labor department, which used employee complaints as a basis for prioritizing labor inspections. Conviction of violation of health and safety regulations outside the mining sector is punishable by a fine of 100,000 rand ($7,720), imprisonment for a period not exceeding two years, or both. The Department of Labor was responsible for enforcing safety laws outside the mining sector.

The Department of Labor is responsible for enforcing wage standards outside the mining sector, and a tripartite Mine Health and Safety Council and an Inspectorate of Mine Health and Safety enforced such standards in the mining sector. Penalties for violations of wages and work-hour laws outside the mining sector were not sufficient to deter abuses.

The Department of Labor employed 1,295 labor inspectors, an insufficient number to enforce compliance. For example, 107 government labor inspectors in Western Cape Province had responsibility for more than 6,600 farms as well as other businesses and sectors. Labor inspectors conducted routine and unannounced inspections at various workplaces that employed vulnerable workers. Labor inspectors investigated workplaces in both the formal and informal sectors. Labor inspectors and unions reported having difficulty visiting workers on private farms.

In 2016-17 the Department of Labor reported it conducted 144,061 labor inspections and identified 20,515 cases of noncompliance. The department issued violation notices and referred cases for prosecution. In 2016-17 officials audited 22,967 workplaces to determine their compliance with occupational and safety laws; 15,929 were in compliance.

The government did not effectively enforce the law in all sectors. Occupational safety and health regulations were frequently violated in the mining sector, and compensation for injuries was erratic and slow. Penalties were not sufficient to deter violations. Unions in the agriculture sector noted their repeated attempts to have the Labor Department fine farms that failed to shield workers from hazardous chemicals sprayed on crops. Although labor conditions improved on large commercial farms, COSATU and leading agricultural NGOs reported that labor conditions on small farms remained harsh. Underpayment of wages and poor living conditions for workers, most of whom were black, were common. Many owners of small farms did not measure working hours accurately, 12-hour workdays were common during harvest time, and few farmers provided overtime benefits. Amendments to the Basic Conditions of Employment Act attempted to address some labor abuses at farms. For example, changes prohibited farms from selling farm employees’ goods from farm-operated stores on credit at inflated prices.

Farm workers also reported health and sanitation concerns. In a 2017 report, the NGO Women on Farms Project reported that 63 percent of the female farm workers surveyed did not have access to bathroom facilities and were forced to seek a bush or a secluded spot. The report also included the responses of female farm workers and their children who reported suffering from health problems such as skin rashes, cholinesterase depression, poisoning, harmful effects on the nervous system, and asthma due to pesticides to which they were exposed.

Mining accidents were common. Mine safety improved over prior decades, however. In 1995, 553 miners lost their lives in the country. As of July only 130 miners had died from accidents during the preceding 18 months.

In June, five miners died of heat and exhaustion after entering an area not being used for mining. Parts of the gold mine, located near Westonaria, were considered unsafe and were supposed to be cordoned off.

South Sudan

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

Women

Rape and Domestic Violence: Rape is punishable by up to 14 years’ imprisonment and a fine. The government did not effectively enforce the law, and rape was widespread. The law defines sexual intercourse within marriage as “not rape.” No information was available on the number of persons prosecuted, convicted, or punished for rape, and convictions of rape seldom were publicized. According to observers, sentences for persons convicted of rape were often less than the maximum. Since the conflict began in 2013, conflict-related sexual violence was widespread. The targeting of girls and women reached epidemic proportions following skirmishes and attacks on towns in conflict zones, and sex was often used as a weapon of war (see section 1.g.). Women and girls also faced the threat of rape while living in UN PoC sites and when leaving PoC sites to conduct daily activities.

The law does not prohibit domestic violence. Violence against women, including spousal abuse, was common, although there were no reliable statistics on its prevalence. According to NGOs, some women reported police tried to charge them SSP 20 ($0.16) or more when they attempted to file the criminal complaints of rape or abuse. While not mandatory, police often told women they needed to complete an official report prior to receiving medical treatment. Families of rape victims encouraged marriage to the rapist to avoid public shaming.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is a criminal offense under the penal code, but little data existed to determine its prevalence. The law prohibits subjecting children to negative and harmful practices that affect their health, welfare, and dignity. Although not a common practice, FGM/C occurred in some regions, particularly along the northern border regions in Muslim communities. Several NGOs worked to end FGM/C, and the Ministry of Gender, Children, and Social Welfare raised awareness of the dangers of FGM/C through local radio broadcasts.

Other Harmful Traditional Practices: The practice of girl compensation–compensating the family of a crime victim with a girl from the perpetrator’s family–occurred. Victims were generally between ages 11 and 15, did not attend school, and often were physically and sexually abused and used as servants by their captors. Local officials complained the absence of security and rule of law in many areas impeded efforts to curb the practice. Dowry practices were also common. NGOs reported fathers often forced daughters, generally minors, to marry older men in exchange for cattle or money.

Sexual Harassment: Sexual harassment is punishable by up to three years’ imprisonment and a fine. The government rarely enforced the law, and NGOs reported most women were unaware it was a punishable offense. Observers noted sexual harassment, particularly by military and police, was a serious problem throughout the country.

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

Discrimination: While the transitional constitution provides for gender equality and equal rights for women, deep cultural prejudices resulted in widespread discrimination against women. High illiteracy rates also impeded women’s ability to understand and defend their rights. Communities often followed customary laws and traditional practices that discriminated against women. For example, authorities arrested and detained women for adultery.

Despite statutory law to the contrary, under customary law, a divorce is not final until the wife and her family return the full dowry to the husband’s family. As a result, families often dissuaded women from divorce. Traditional courts usually ruled in favor of the husband’s family in most cases of child custody, unless children were between three and seven years of age.

Women also experienced discrimination in employment, pay, credit, education, inheritance, housing, and ownership and management of businesses or land. Although women have the right to own property and land under the transitional constitution, community elders often sought to prevent women from exercising these rights because they contradicted customary practice.

Children

Birth Registration: Citizenship is derived through birth if a person has any South Sudanese parent, grandparent, or great-grandparent on either the mother’s or the father’s side, or if a person is a member of one of the country’s indigenous ethnic communities. Individuals may also derive citizenship through naturalization. Birth in the country is not sufficient to claim citizenship. The government did not register all births immediately.

Education: The transitional constitution and the 2012 Education Act provide for tuition-free, compulsory basic education through grade eight. Armed conflict and violence, however, were key factors preventing children from attending school throughout the year. UNICEF estimated nearly three-quarters of the country’s children were not attending school. The expansion of conflict also resulted in the displacement of many households and widespread forced recruitment of children, particularly boys, by armed groups (see section 6), making it difficult for children to attend school and for schools to remain in operation. NGOs reported government and opposition forces, and militias associated with both, looted numerous schools in conflict zones. In addition, the government did not give priority to investments in education, particularly basic education, and schools continued to lack trained teachers, educational materials, and other resources. Girls often did not have equal access to education. Many girls did not attend school or dropped out of school due to early marriage, domestic duties, and fear of gender-based violence at school. According to the 2015 Education for All national review, girls constituted only 39 percent of primary school students and 32 percent of secondary school students, although this figure may be even lower due to continuing violence and displacement because of the conflict.

Child Abuse: Abuse of children included physical violence, abduction, and harmful traditional practices such as “girl compensation” (see Other Harmful Traditional Practices). Child abuse, including sexual abuse, was reportedly widespread. Child rape occurred frequently in the context of child marriage and within the commercial sex industry in urban centers, and armed groups perpetrated it. Authorities seldom prosecuted child rape due to fear among victims and their families of stigmatization and retaliation. Child abduction also was a problem. Rural communities often abducted women and children during cattle raids (see section 1.g.).

Early and Forced Marriage: The law provides that every child has the right to protection from early marriage but does not explicitly prohibit marriage before age 18. Child marriage was common. According to the Ministry of Gender, Child, and Social Welfare, nearly half of all girls and young women between the ages of 15 and 19 were married, and some brides were as young as 12. Early marriage sometimes reflected efforts by men to avoid rape charges, which a married woman cannot bring against her husband. In other cases families of rape victims encouraged marriage to the rapist to avoid public shaming. Many abducted girls, often repeatedly subjected to rape (see section 1.g.), were forced into marriage. For additional information, see Appendix C.

Sexual Exploitation of Children: The law designates a minimum age of 18 years for consensual sex, although commercial sexual exploitation of children occurred. Perpetrators of child prostitution and child trafficking may be punished by up to 14 years’ imprisonment, although authorities rarely enforced these laws. Child prostitution and child trafficking both occurred, particularly in urban areas.

Child Soldiers: The law prohibits recruitment and use of children for military or paramilitary activities and prescribes punishments of up to 10 years’ imprisonment. Opposition and government forces and affiliated armed militia groups recruited and used child soldiers throughout the year (see section 1.g.).

Displaced Children: During the year conflict displaced numerous children, both as refugees and IDPs (see section 1.g.).

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

Anti-Semitism

There were no statistics concerning the number of Jews in the country. 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 does not specifically prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, air travel and other transportation, access to health care, or the provision of other government services. NGOs reported community and family routinely subjected persons with disabilities to discrimination. The government did not enact or implement programs to provide access to buildings, information, or communications public services. The Transitional Constitution and the 2012 Education Act stipulate primary education be provided to children with disabilities without discrimination. Very few teachers, however, were trained to address the needs of children with disabilities, and very few schools were able to provide a safe, accessible learning environment for children with disabilities. There were no legal restrictions on the right of persons with disabilities to vote and otherwise participate in civic affairs, although lack of physical accessibility constituted a barrier to effective participation. There were no mental health hospitals or institutions, and persons with mental disabilities were often held in prisons. Limited mental health services were available at Juba Teaching Hospital.

There were no reports of police or other government officials inciting, perpetuating, or condoning violence against persons with disabilities, or official action taken to investigate or punish those responsible for violence against persons with disabilities.

Persons with disabilities also faced disproportional hardship during famine conditions and continuing violence throughout the year. Human Rights Watch reported persons with disabilities were often victimized by both government and opposition forces. Persons with disabilities faced difficulty fleeing areas under attack and accessing humanitarian assistance in displacement camps. Since 2013 the conflict itself disabled an unknown number of civilians, who experienced maiming, amputation, sight and hearing impairment, and trauma. The World Health Organization estimated 250,000 persons with disabilities were living in displacement camps, while the estimated number of persons with disabilities in the country could be more than one million.

National/Racial/Ethnic Minorities

Interethnic fighting and violence by government, opposition forces, and armed militias affiliated with the government and the opposition targeting specific ethnic groups resulted in human rights abuses throughout the year (see section 1.g.). The country has at least 60 ethnic groups and a long history of interethnic conflict. Ethnic groups were broadly categorized into the Nilotic (Dinka, Nuer, and Shilluk ethnic groups), Nilo-Hamitic, and Southwestern Sudanic groups. For some ethnic groups, cattle represented wealth and status. Competition for resources to maintain large cattle herds often resulted in conflict. Longstanding grievances over perceived or actual inequitable treatment and distribution of resources and political exclusion contributed to conflict.

Interethnic clashes occurred throughout the year. Insecurity, inflammatory rhetoric–including hate speech–and discriminatory government policies led to a heightened sense of tribal identity, exacerbating interethnic differences.

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

The law does not prohibit same-sex sexual acts, but it prohibits “unnatural offenses,” defined as “carnal intercourse against the order of nature,” which are punishable by up to 10 years’ imprisonment if committed with consent and up to 14 years if without consent. There were no reports authorities enforced the law.

There were reports of incidents of discrimination and abuse. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons reported security forces routinely harassed and sometimes arrested, detained, tortured, and beat them. Because of actively hostile government rhetoric and actions, most openly LGBTI citizens fled the country.

HIV and AIDS Social Stigma

While there were no reports filed regarding discrimination against persons with HIV/AIDS, discrimination was widely believed to be both pervasive and socially acceptable. Key groups especially vulnerable to stigma and discrimination included commercial sex workers and LGBTI persons. This stigma often presented a barrier to seeking and receiving services for the prevention, diagnosis, and treatment of HIV/AIDS.

Other Societal Violence and Discrimination

Throughout the year disputes between Dinka herders and agrarian youths over cattle grazing in the Equatorias at times deteriorated into violent and retaliatory events, leaving numerous dead and injured, and forcing thousands to flee their homes.

Civilian casualties and forced displacements occurred in many parts of the country when raiders stole cattle, which define power and wealth in many traditional communities. Land disputes often erupted when stolen cattle were moved into other areas, also causing civilian casualties and displacement. SPLA and police sometimes engaged in revenge killings both between and within ethnic groups.

Section 7. Worker Rights

The country passed a national labor law in January. The government previously operated on a labor law held over from Sudan. The new labor act was not well disseminated or enforced. Under the law every employee has the right to form and join unions, bargain collectively and strike with restrictions. The law does not explicitly prohibit antiunion discrimination nor provide for reinstatement of workers fired for union activities. While labor courts adjudicate labor disputes, the minister of labor may refer them to compulsory arbitration.

The 2013 Workers’ Trade Union Act provided a regulatory framework to govern worker trade unions. The largest union, the South Sudan Workers’ Trade Union, had approximately 65,000 members, working mainly in the public sector. Unions were nominally independent of the governing political party.

The government did not effectively enforce the law. Administrative and judicial procedures were subject to lengthy delays and appeals, and penalties were insufficient to deter violations.

The law prohibits forced or compulsory labor, with exceptions for compulsory military or community service, or because of a criminal conviction. The law prohibits abduction or transfer of control over a person for the purpose of unlawful compulsory labor. Selling a minor for the purpose of prostitution is a crime. The law prescribes punishments of up to seven years’ imprisonment for abduction and transfer of control over a person for the purpose of unlawful compulsory labor. The law prescribes punishment of up to two years’ imprisonment for compulsory labor without aggravating circumstances. These penalties were not sufficient to deter violations since they were not enforced.

The government did not effectively enforce the law. The government did not investigate or prosecute any trafficking offenses. Forced labor occurred in domestic servitude, in agricultural labor on family farms and at cattle camps, and in prisons. Most of those in situations of forced labor in cattle camps and agricultural activities were family members. Employers subjected women, migrants, and children (see section 7.c.) to forced labor in mines, restaurants, street begging, criminal activities, and sexual exploitation.

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

The minimum age for paid employment is 12 for “light work” or 16 years for “hazardous work.” The law defines light work as work that does not harm the health or development of a child and does not affect the child’s school attendance or capacity to benefit from such. The law provides that the government may issue regulations prescribing limitations on working hours, and occupational safety and health restrictions for children, but these regulations were not available. The law uses international standards (ILO Convention 182) to specify the “worst forms of child labor” and prohibits any person from engaging or permitting the engagement of a child under the age of 18 in these practices.

The law provides penalties of up to five years imprisonment for any breach of the labor act, which was insufficient to deter violations. The government did not enforce child labor laws. The National Steering Committee on Child Labor, led by the Ministry of Labor, was charged with coordinating efforts across government ministries to combat child labor; it did not convene during the year. In addition to the Ministry of Labor, the committee included representatives from the Ministries of Agriculture and Forestry; Health; Gender; General Education; Culture, Youth, and Sports; Animal Resources and Fisheries; and Wildlife Conservation and Tourism, as well as the International Labor Organization (ILO) and union representatives.

Only one of the Ministry of Labor’s five labor investigators was specifically trained to address child labor. Although charged with removing children engaged in work, the investigators did not have the necessary resources and did not conduct proper investigations. Of children between the ages of 10 and 14, 46 percent were engaged in some form of child labor, largely in cattle herding or subsistence farming with family members. Girls rescued from brothels in Juba reported police provided security for the brothels, and SPLA soldiers and government officials were frequent clients of child victims of sexual exploitation.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment or occupation based on race, tribe, national extraction, color, sex (including pregnancy), religion, political opinion, national origin or citizenship, disability, age, or HIV/AIDS-positive status. It does not prohibit discrimination based on sexual orientation or gender identity.

Discrimination occurred on all the bases listed above. Discrimination in employment and occupation led to less hiring of particular ethnic groups such as the Murle, who were under-represented in both the public and private sector. Dinka and Nuer occupied most leadership positions within the national government. Persons from Equatoria were historically over-represented in the civil service at lower ranks. Across the country, local authorities often manipulated the hiring practices of NGOs to favor fellow tribesmen and fire rivals. Disabled persons faced discrimination in hiring and access to work sites. Women had fewer economic opportunities due to employer discrimination and traditional practices.

The new labor act specifies the ministry may establish and publish a minimum wage, or wages for different categories of employees. There was no public information that this occurred. The law specifies normal working hours should not exceed eight hours per day and 40 hours per week and should provide for overtime.

The Ministry of Labor, Public Service, and Human Resource Development has a new Occupational Safety Branch, which only has one staff member, who is also the office director. There are no occupational safety and health (OSH) standards. Workers cannot remove themselves from situations that endanger health or safety without jeopardy to their employment.

A Civil Service Provisional Order applies to the public sector and outlines the rights and obligations of public-sector workers, including benefits, salaries, and overtime. The law provides the Ministry of Labor, Public Service, and Human Resources with authority to issue the schedule of salary rates, according to which all civil servants, officials, and employees are to be paid. This pay scale has not been adjusted for several years, and now, due to rapid depreciation of the South Sudanese pound, most civil servants did not receive enough income to support themselves, even when their salaries were delivered on time and in full, which was infrequent. Under the law, only unskilled workers are eligible for overtime pay for work in excess of 40 hours per week. Civil servants, officials, and employees working at higher pay grades were expected to work necessary hours beyond the standard workweek without overtime pay. When exceptional additional hours were demanded, the department head could grant time off in lieu of reimbursement.

The government did not enforce the law. The government neither investigated nor prosecuted cases of violations of wage and OSH standards. Penalties for violations of laws on wages and working conditions were not sufficient to deter violations. Eight employees serve as both labor inspectors and adjudicators of work permits, which was not sufficient to enforce the law.

According to the 2008 census, the latest data on working conditions available, 84 percent of those employed were in nonwage work. Most small businesses operated in the informal economy and widely ignored labor laws and regulations. According to the ILO, less than 12 percent of workers were in the formal sector. The formal sector included security companies, banks, telecommunications companies, a brewery, and other private companies. The majority of workers in the country were agricultural workers, of whom 70 percent were agropastoralists and 30 percent farmers. Fifty-three percent of agricultural workers engaged in unpaid subsistence family farming.

Spain

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

Women

Rape and Domestic Violence: The law prohibits rape, including spousal rape, and the government generally enforced the law effectively. The penalty for rape is six to 12 years in prison. The law also prohibits violence against women and sets prison sentences of six months to a year for domestic violence, threats of violence, or violations of restraining orders, with longer sentences if serious injuries result.

On December 5, a provincial court confirmed the conviction for sexual abuse of Jose Angel Prenda, Alfonso Jesus Cabazuelo, Jesus Escudero, Angel Boza, and Antonio Manuel Guerrero, who called themselves “the Wolfpack” and who in 2016 allegedly raped an 18-year-old woman in Pamplona. On April 26, the court found the defendants guilty of the lesser crime, citing insufficient evidence of violence or intimidation, which is required to determine a rape verdict. Feminist associations responded by leading nationwide protests.

According to the government’s delegate for gender violence, as of June 30 partners or former partners were responsible for the deaths of 17 women. According to the General Council of the Judiciary, 49,165 cases of gender-based violence were prosecuted in 2017. The Observatory against Domestic and Gender Violence reported 166,260 complaints of gender-based violence in 2017. There were 39,586 allegations of gender-based violence in the first quarter of 2018. Independent media and government agencies generally paid close attention to gender-based violence.

In September a husband killed his wife in Bilbao, nine months after she had reported him to police for domestic abuse and making death threats. The judge who reviewed the abuse charges refused to issue a restraining order and acquitted the husband of all charges on the grounds that his wife and children were planning to move to a new apartment.

On May 10, the Ministry of the Interior reported a 28.4-percent increase in the number of reported rapes during the first three months of the year. In January the Ministry of Health reported that 6,300 men were imprisoned in 2017 for crimes related to gender-based violence.

A 24-hour toll-free national hotline advised battered women on finding shelter and other local assistance. Police also alerted female victims of gender-based violence of any changes in prison sentences of their attackers.

In September 2017 congress approved the State Plan against Gender Violence, with a budget of one billion euros ($1.15 billion) over five years, to support efforts to counter the problem. On August 3, the government approved the distribution of the first 100 million euros ($115 million) for the year.

The government allocated more than 5.26 million euros ($6.05 million) to combat gender-based violence, trafficking, and childhood sexual abuse within the existing framework of the State Plan against Gender Violence.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C and authorizes courts to prosecute residents of the country who committed this crime in the country or anywhere in the world. Doctors must ask parents residing in the country who originate from countries that practice FGM/C to sign a declaration promising their daughter(s) will not undergo FGM/C when they visit countries where the practice is common. Once a family returns to the country, a doctor must examine the girl(s) again and may start legal action against the parents if examination finds that the minors underwent FGM/C during their trip.

The State Plan against Gender Violence includes FGM/C as a form of gender-based violence.

Sexual Harassment: The law prohibits sexual harassment in the workplace, but few cases came to trial. The punishment in minor cases may be between three and five months in jail or fines of six to eight months’ salary. Harassment continued to be a problem, according to media reporting.

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

On February 6, the NGOs “Cermi Mujeres” and the European Forum of Disabilities alleged that each year approximately 100 women and girls with intellectual disabilities are sterilized in the country without their knowledge.

Discrimination: Under the law women enjoy the same rights as men. The government generally enforced the law effectively.

Children

Birth Registration: Citizenship is derived from one’s parents. All children born in the country, except children of diplomats and children whose parents’ country of origin gives them nationality, are registered as citizens. When a child does not acquire the parents’ nationality, the government may grant it.

Child Abuse: The law provides protections for various forms of child abuse. Those accused of sexual abuses involving minors receive larger penalties. For example, in cases of sexual abuse, instead of one to four years of jail time, the penalty increases to four to 10 years when the victim is a child. Cases of sexual aggression, which normally receive six to 12 years in jail, are punished with 12 to 15 years in cases involving minors.

As of June 30, either a parent or a parent’s partner killed one minor.

Early and Forced Marriage: The minimum age of marriage is 16 years for minors living on their own.

As of September 15, Catalan police assisted six victims of forced marriage, one of whom was a minor.

Sexual Exploitation of Children: The law criminalizes the “abuse and sexual attack of minors” younger than age 13 and sets the penalty at imprisonment from two to 15 years, depending on the nature of the crime. Individuals who contact children younger than age 13 through the internet for the purpose of sexual exploitation face imprisonment for one to three years. Authorities enforced the law.

The minimum age for consensual sex in the country is 16. The law defines sexual acts committed against persons younger than age 16 as nonconsensual sexual abuse, and provides for sentences from two to 15 years in prison, depending on the circumstances.

The penalty for recruiting children or persons with disabilities into prostitution is imprisonment from one to five years. The penalty for subjecting children to prostitution is imprisonment from four to six years.

The commercial sexual exploitation of trafficked teenage girls remained a problem (see also the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/).

The law prohibits using a minor “to prepare any type of pornographic material” as well as producing, selling, distributing, displaying, or facilitating the production, sale, dissemination, or exhibition of “any type” of child pornography by “any means.” The penalty is one to five years’ imprisonment; if the child is younger than age of 13, the length of imprisonment is five to nine years. The law also penalizes knowingly possessing child pornography.

There is a registry for sex offenders to bar them from activities in which they could be in the presence of minors.

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 https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

The Jewish community numbered approximately 40,000-45,000 persons. The law provides descendants of Sephardic Jews expelled from the country 500 years ago right of return as full Spanish citizens. In March the Council of Ministers reported that 1,910 Sephardic Jews had obtained Spanish nationality under that law. The Jewish community noted that burdensome financial and administrative requirements such as a self-funded trip to the country made the process more difficult.

The law considers denial and justification of genocide as a crime if it incites violence, with penalties that range from one to four years in prison.

The Observatory for Religious Freedom and Conscience reported that, as of September, there were five instances of religiously motivated aggression targeting Jews (one case of destruction of property, four cases of verbal abuse).

According to Jewish community leaders and the NGO Movement against Intolerance, anti-Semitic incidents included graffiti on Jewish institutions. In February anti-Semitic graffiti with the word “pigs” written in English followed by a sentence in Catalan reading “Get out of the country” was spray-painted on the walls of a synagogue in Barcelona, which now serves as a cultural center and a museum.

In June authorities in the Canary Islands arrested an illegal immigrant from Morocco allegedly for inciting hatred against Jews on Facebook and YouTube.

Government institutions promoted religious pluralism, integration, and understanding of Jewish communities and history, but their efforts did not reach all of the country’s autonomous regions.

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, with fines of up to one million euros ($1.15 million), discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced these provisions effectively.

The law requires private companies with more than 50 employees to hire persons with disabilities for at least 2 percent of their jobs. In 2016 the NGO Leialta estimated that 81 percent of the companies did not comply with the obligation. In July the government approved a Plan for Decent Work, which warrants labor inspectors to guarantee that companies implement their obligation for persons with disabilities under the law.

The law mandates access to buildings for persons with disabilities. While the government generally enforced these provisions, levels of assistance and accessibility varied among regions.

On October 18, the legislature approved reforms of the electoral law that will allow approximately 100,000 persons with intellectual disabilities to vote.

The Randstad Foundation reported that between January and October, the private sector signed 98,378 contracts with persons with disabilities, 6.3 percent more than during the same period in 2017.

National/Racial/Ethnic Minorities

The Ministry of the Interior reported 416 hate crimes linked to racism (38 percent) in 2016, the most recent year for which data were available, a decrease of 17.6 percent from 2015. The regions of Catalonia, Madrid, Andalusia, the Basque Country, and Valencia had the highest numbers of hate crimes according to the ministry’s data.

In February, ECRI reported that only 45 percent of Romani children finish secondary school.

During 2017 the Federation of SOS Racism Associations recorded 309 complaints, 82 of them were institutional racism, while 46 were perpetrated by law enforcement officials. Most of the cases of discrimination go unreported, due to victims’ lack of resources and lack of trust in the system.

In its report published on February 28, ECRI welcomed the government’s refinement of crime statistics “to obtain a realistic picture” of the extent of hate crimes. The commission noted, however, serious underreporting of hate crimes.

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

The country’s antidiscrimination laws prohibit discrimination based on sexual orientation and gender identity, and the government enforced the law. The law penalizes those who provoke discrimination, hate, or violence based on sexual orientation with up to three years’ imprisonment. The law also prohibits denial or disqualification of employment based on sexual orientation and the formation of associations that promote discrimination, hate, or violence against others based on their sexual orientation. The law may consider an anti-lesbian, -gay, -bisexual, -transgender, and -intersex hate element an aggravating circumstance in crimes.

Other Societal Violence or Discrimination

According to the Ministry of the Interior, 1,272 hate crimes were reported in 2016, the latest year for which data were available, a 4.2-percent decline from 2015. Of these, 240 cases involved physical injuries and 205 involved threats. The NGO Movement against Intolerance estimated that 80 percent of hate crimes in the country were unreported.

According to a report from the Observatory for Religious Freedom and Conscience, as of September there were 142 instances of religiously motivated violence (122 such cases in the same period for 2017).

Section 7. Worker Rights

The law allows most workers, including foreign and migrant workers, to form and join independent unions of their choice without previous authorization or excessive requirements. Military personnel and national police forces do not have the right to join unions. Judges, magistrates, and prosecutors may only join bar associations.

The law provides for collective bargaining, including for all workers in the public sector except military personnel, and the government effectively enforced the applicable laws. Public sector collective bargaining includes salaries and employment levels, but the government retained the right to set the levels if negotiations failed.

The constitution and law provide for the right to strike, and workers exercised this right by conducting legal strikes. Any striking union must respect minimum service requirements negotiated with the respective employer. Law and regulations prohibit retaliation against strikers, antiunion discrimination, and discrimination based on union activity, and these laws were effectively enforced. According to the law, if an employer violates union rights, including the right to conduct legal strikes, or dismisses an employee for participation in a union, the employer could face imprisonment from six months to two years or a fine if the employer does not reinstate the employee. These penalties were sufficient to deter violations.

Workers freely organized and joined unions of their choice. The government generally did not interfere in union functioning. Collective bargaining agreements covered approximately 80 percent of the workforce in the public and private sectors at the end of the year. On occasion employers used the minimum service requirements to undermine planned strikes and ensure services in critical areas such as transportation or health services.

Although the law prohibits antiunion discrimination by employers against workers and union organizers, unions contended that employers practiced discrimination in many cases by refusing to renew the temporary contracts of workers engaging in union organizing.

The law prohibits all forms of forced or compulsory labor including by children.

The government effectively enforced the law. It maintained strong prevention efforts, although the efforts focused more on forced prostitution than other types of forced labor. In 2017 and 2018, the government hired an additional 358 labor inspectors. Unions complained that the government’s resources and inspections were inadequate. The government did not implement new forced labor awareness campaigns. Penalties of five to 12 years’ imprisonment were sufficiently stringent to deter violations.

There were cases of employers subjecting migrant men and women to forced labor in domestic service, agriculture, construction, and the service industry. Unaccompanied children remained particularly vulnerable to labor exploitation and forced begging.

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

The law prohibits the worst forms of child labor, as defined by international standards. The statutory minimum age for the employment of children is 16. The law also prohibits those younger than 18 from employment at night, overtime work, or employment in sectors considered hazardous, such as the agricultural, mining, and construction sectors. Laws and policies provide for protection of children from exploitation in the workplace, and these laws generally were enforced.

The Ministry of Employment, Migration, and Social Security has primary responsibility for enforcement of the minimum age law, and it enforced the law effectively in industries and the service sector.

The ministry had difficulty enforcing the law on small farms and in family-owned businesses, where child labor persisted. The government effectively enforced laws prohibiting child labor in the special economic zones. In 2016, the most recent year for which data were available, the Ministry of Employment, Migration, and Social Security detected 15 violations of child labor laws that involved 20 minors younger than age 16 and 29 other violations that involved 34 minors between ages 16 and 18 for working in prohibited fields of work. The fines amounted to more than 295,000 euros ($339,000). In 2016 there were 31 violations related to the safety and health of working minors, involving 38 minors, with penalties of more than 357,000 euros ($411,000). The penalties for violating child labor laws included imprisonment for six to 10 years and were sufficient to deter violations.

There were reports that criminals subjected children to trafficking in the sex trade and forced solicitation. Police databases do not automatically register foreign children intercepted at the borders, making them vulnerable to exploitation, including forced begging and commercial sexual exploitation (see section 6, Children).

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation and the government effectively enforced the law, although discrimination in employment and occupation still occurred with respect to race and ethnicity, gender, and sexual orientation. The government requires companies with more than 50 workers to reserve 2 percent of their jobs for persons with disabilities.

According to Eurostat, female workers earned 14.9-percent less per hour than their male counterparts. Gross salary, according to Eurostat, was 20 percent lower.

On International Women’s Day on March 8, an estimated 5.3 million individuals took part in a work stoppage to demand gender equality and equal pay.

The law provides for a national minimum wage, which barely met the poverty level in 2017.

The Ministry of Employment, Migration, and Social Security effectively enforced minimum wage, hours of work, and occupational safety and health standards in the formal economy but not in the informal economy.

The law provides for a 40-hour workweek, with an unbroken rest period of 36 hours after each 40 hours worked. The law restricts overtime to 80 hours per year unless a collective bargaining agreement establishes a different level. Pay is required for overtime and must be equal to or greater than regular pay.

The National Institute of Safety and Health in the Ministry of Employment, Migration, and Social Security has technical responsibility for developing occupational safety and health standards. The law protects workers who remove themselves from situations that could endanger their health or safety without jeopardy to their employment.

The Inspectorate of Labor has responsibility for enforcing the law on occupational safety and health standards through inspections and legal action if inspectors find infractions. The International Labor Organization estimated that there was one labor inspector for every 10,000 employed persons. The penalties were not sufficient to deter violations. Unions criticized the government for devoting insufficient resources to inspection and enforcement. The most common workplace violations included occupational safety standards in the construction sector and infractions of wages and social security benefits on workers in the informal economy. In June, Funcas (Fundacion de Cajas de Ahorros) estimated that the informal economy was between 18.5 and 24.5 percent of the country’s gross domestic product.

Through July the Ministry of Labor, Migration, and Social Security recorded 303,876 workplace accidents. Authorities considered 301,287 accidents as minor and 2,307 as serious but nonfatal. There were 282 fatal accidents, four fewer than in the same period in 2017.

Sri Lanka

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

Women

Rape and Domestic Violence: The law prohibits rape and domestic violence, but enforcement of the law was inconsistent. Section 363 of the penal code does not explicitly criminalize rape of men. Section 365 B (1), which is gender neutral, criminalizes “grave sexual abuse.” The prescribed penalties for rape are seven to 20 years’ imprisonment and a fine of at least 200,000 Rs ($1,160). For domestic violence, a victim can obtain a protection order for one year and request a maintenance allowance. The law prohibits spousal rape only if the spouses are legally separated.

In February two men reportedly raped a nurse at a private hospital in Narahenpita. Police in Narahenpita arrested the suspects five days after receiving the report, and their trial was underway at year’s end.

Women’s organizations reported police and judiciary responses to rape and domestic violence incidents and cases were inadequate. The police Bureau for the Prevention of Abuse of Women and Children conducted awareness programs in schools and at the grassroots level to encourage women to file complaints. Police continued to establish women’s units in police stations. Services to assist survivors of rape and domestic violence, such as crisis centers, legal aid, and counseling, were generally scarce nationwide due to a lack of funding.

Female Genital Mutilation/Cutting (FGM/C): The country’s Muslims historically practiced FGM/C, but it was not a part of public discourse until recent years when media articles drew attention to the practice. There were no statistics on the current prevalence of FGM/C in the country, which does not have laws against FGM/C. In May the director general of health services from the Ministry of Health issued a circular prohibiting medical practitioners from carrying out FGM, but FGM/C itself is not criminalized.

Sexual Harassment: Sexual harassment is a criminal offense carrying a maximum sentence of five years in prison. Sexual harassment was common and was a particularly widespread problem in public transport.

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

Discrimination: Women have equal rights to men under civil and criminal law. Adjudication of questions related to family law, including marriage, divorce, child custody, and inheritance, varied according to the customary law of each ethnic or religious group, resulting in discrimination.

Children

Birth Registration: Children obtain citizenship from their parents.

Child Abuse: According to reports and evidence from fundamental rights applications and complaints filed with police during the year, school authorities frequently violate government regulations on banning corporal punishment in schools. There was also growing public concern about the high incidence of violence, including sexual violence, against children in the family and community despite successful efforts to reform the penal code, the basic criminal law, and other laws on child abuse, cruelty to children and their exploitation in trafficking, and child labor. Penalties vary based on the type and degree of child abuse, but trials tended to drag on for years.

Most child abuse complaints received by the National Child Protection Authority related to violence inflicted on children, and the rest of the complaints addressed related issues such as cruelty to children, deprivation of a child’s right to education, sexual abuse, and child labor. Teachers, school principals, and religious instructors reportedly sexually abused children. In a number of child rape cases, government officials were the suspected perpetrators. Civil society organizations working on children’s issues asserted children had insufficient mechanisms to report domestic violence or abuse safely. Although police stations are supposed to have an officer dedicated to handling abuse complaints from women and children, the government did not consistently implement this practice nationwide.

Early and Forced Marriage: Civil law sets the minimum legal age for marriage at 18 for both men and women, although girls may marry at age 16 with parental consent. According to the penal code, sexual intercourse with a girl younger than 16 years, with or without her consent, amounts to statutory rape. The provision, however, does not apply to married Muslim girls older than 12. The Muslim Marriage and Divorce Act, which applies only to Muslims, permits the marriage of girls as young as 12 at the consent of the bride’s father or other male relative. The bride’s consent is not required.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, offering or procuring a child for child prostitution, and practices related to child pornography, but authorities did not always enforce the law. The minimum age of consensual sex is 16.

Child sex tourism remained a problem.

Displaced Children: IDP welfare centers and relocation sites exposed children to the same difficult conditions as adult IDPs and returnees in these areas.

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 Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

The Jewish population remained very small. 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

Various laws forbid discrimination against any person with physical, sensory, intellectual, or mental disabilities in employment, education, air travel, other public transportation, and access to health care. In practice, however, discrimination occurred in employment, education, and provision of state services, including public transportation. Children with disabilities attended school at a lower rate than other persons. There were regulations on accessibility, but accommodation for access to buildings and public transportation for persons with disabilities was rare.

National/Racial/Ethnic Minorities

Both local and Indian-origin Tamils maintained they suffered longstanding, systematic discrimination in university education, government employment, housing, health services, language laws, and procedures for naturalization of noncitizens. Throughout the country, but especially in the north and east, Tamils reported security forces regularly monitored and harassed members of their community, especially activists and former or suspected former LTTE members.

The government had a variety of ministries and presidentially appointed bodies designed to address the social and development needs of the Tamil minority. The government implemented a number of confidence-building measures to address grievances of the Tamil community. It also replaced military governors of the Northern and Eastern Provinces with civilians. The Office of National Unity and Reconciliation, established by the president in 2016, continued to coordinate the government’s reconciliation efforts. The office focuses on promoting social integration to build an inclusive society, securing language rights for all citizens, supporting a healing process within war-affected communities via the government’s proposed Commission for Truth, Justice, Reconciliation, and non-recurrence of the violence. The Tamil National Alliance and Defense Ministry continued to meet in accordance with a formal dialogue on returning military-held lands in the Northern and Eastern Provinces inaugurated in 2017. On October 4, President Maithripala Sirisena, in his capacity as minister of defense, publicly ordered the security forces to release all remaining private land in their possession by December 31. Observers noted that implementation by the deadline was logistically improbable.

Extremist Buddhist monks instigated violent attacks on Muslims and their property. In March Sinhalese mobs led by Buddhist monks attacked Muslim civilians, shops, homes, and mosques that resulted in two confirmed deaths, 28 injured, and extensive property damage. Observers blamed local government and law enforcement officials for failing to stop the riots, with some claiming police personnel took part in the anti-Muslim rioting. The central government responded by declaring a 10-day state of emergency, sending in the army to restore order, restricting social media, and arresting more than 150 alleged perpetrators.

Indigenous People

The country’s indigenous people, known as Veddas, reportedly numbered fewer than 1,000. Some preferred to maintain their traditional way of life, and the law generally protected them. They freely participated in political and economic life without legal restrictions, but some did not have legal documents.

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

The law criminalizes consensual same-sex sexual conduct between adults. Although prosecutions were rare, human rights organizations reported police used the threat of arrest to assault, harass, and sexually and monetarily extort LGBTI individuals. Those convicted of engaging in same-sex sexual activity in private or in public face 10 years’ imprisonment. Antidiscrimination laws do not prohibit discrimination based on sexual orientation and gender identity.

Transgender persons continued to face societal discrimination, including arbitrary detention, mistreatment, and discrimination accessing employment, housing, and health care.

HIV and AIDS Social Stigma

Persons who provided HIV prevention services and groups at high risk of infection reportedly suffered discrimination. In addition hospital officials reportedly publicized the HIV-positive status of their clients and occasionally refused to provide health care to HIV-positive persons.

Other Societal Violence or Discrimination

Sources stated some Buddhist monks regularly tried to close down Christian and Muslim places of worship on the grounds they lacked the Ministry of Buddha Sasana’s approval. The National Christian Evangelical Alliance of Sri Lanka documented 65 cases of attacks on churches, intimidation and violence against pastors and their congregations, and obstruction of worship services as of September.

Section 7. Worker Rights

The law provides for the right of workers to form and join unions of their choice. Exceptions include members of the armed forces, police officers, judicial officers, and prison officers. Workers in nonessential services industries, except for workers in public-service unions, have the legal right to bargain collectively. The law does not explicitly recognize the right to strike, but courts have recognized an implied right to strike based on the Trade Unions Ordinance and the Industrial Disputes Act. Nonunion worker councils tended to represent labor in export processing zone (EPZ) enterprises, although several unions operated in the zones. According to the Board of Investment, which operates the EPZs, if both a recognized trade union with bargaining power and a nonunion worker council exist in an enterprise, the trade union would have the power to represent the employees in collective bargaining.

Under Emergency Regulations of the Public Security Ordinance, the president has broad discretion to declare sectors “essential” to national security, the life of the community, or the preservation of public order, and to revoke those workers’ rights to conduct legal strikes. In addition to the Public Security Ordinance, the Essential Public Services Act of 1979 allows the president to declare services provided by government agencies as “essential” public services. In 2017 the government began using the essential public-services act to declare the Sri Lankan Railway and petroleum sector as essential sectors, thus deterring the workers from striking.

The law prohibits retribution against striking workers in nonessential sectors. Seven workers may form a union, adopt a charter, elect leaders, and publicize their views, but a union must represent 40 percent of workers at a given enterprise before the law obligates the employer to bargain with the union. The law does not permit public-sector unions to form federations or represent workers from more than one branch or department of government. The Labor Ministry may cancel a union’s registration if it fails to submit an annual report for three years.

The law prohibits antiunion discrimination. Labor laws do not cover domestic workers employed in the homes of others or informal-sector workers.

The law allows unions to conduct their activities without interference, but the government enforced the law unevenly. Violations for antiunion discrimination may result in a fine of 100,000 Rs ($578). The law requires an employer found guilty of antiunion discrimination to reinstate workers fired for union activities, but it may transfer them to different locations. In general these penalties were insufficient to deter violations. Only the Labor Ministry has legal standing to pursue an unfair labor practice case, including for antiunion discrimination.

Since 1999 the Labor Ministry had filed only 10 cases against companies for unfair labor practices under the Industrial Disputes Act. The ministry did not file any new unfair labor practices cases during the year. The courts issued rulings on two cases and continued to try the other eight. Citing routine government inaction on alleged violations of labor rights, some unions pressed for standing to sue, while some smaller unions did not want that ability because of the cost of filing cases. Workers brought some labor violations to court under the Termination of Employment and Workmen Act and the Payment of Gratuity Act. Lengthy delays hindered judicial procedures. The Industrial Dispute Act does not apply to the public sector, and public-sector unions had no formal dispute resolution mechanism.

The government generally respected the freedom of association and the right to bargain collectively. Public-sector unions staged numerous work stoppages on a number of issues, ranging from government moves to privatize state-owned enterprises to wage issues.

While some unions in the public sector were politically independent, most large unions affiliated with political parties and played a prominent role in the political process.

Unions alleged that employers often indefinitely delayed recognition of unions to avoid collective bargaining, decrease support for unionization, or identify, terminate, and sometimes assault or threaten union activists. The Ministry of Labor requires labor commissioners to hold union certification elections within 30 working days of an application for registration if there was no objection or within 45 working days if there was an objection. The commissioner general of labor held five union certification elections in 2017. No union certification elections were held from January to September.

The law prohibits all forms of forced and compulsory labor, but penalties were insufficient to deter violations. The government generally enforced the laws, but resources, inspections, and remediation efforts were not always adequate. Labor Ministry inspections did not extend to domestic workers. The government sporadically prosecuted labor agents who fraudulently recruited migrant workers yet appeared to sustain its monthly meetings to improve interministerial coordination.

Children between the ages of 14 and 18 and women working as live-in domestic workers in some homes were vulnerable 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/.

The minimum age for employment is 14, although the law permits the employment of younger children by their parents or guardians in limited family agricultural work or technical training. The government increased the compulsory age of education from 14 years to 16 years in 2016. The law prohibits hazardous work for persons younger than 18. The law limits the working hours of children ages 14 and 15 to nine hours per day and of ages 16 and 17 to 10 hours per day. The government estimated less than 1 percent of children–approximately 40,000–were working, although employment was often in hazardous occupations.

The government did not effectively enforce all laws, and existing penalties were not sufficient to deter violations.

The Labor Ministry made some progress in implementing its plan to eliminate the worst forms of child labor. The government appointed district coordinators with responsibility of reducing child labor in all 25 districts and provided new guidelines for district officials. The Department of Labor continued its efforts to monitor workplaces on the list of hazardous work for children.

According to the Child Activity Survey of 2016 published in February, industries and services were the largest sectors employing child labor. Within these sectors children worked in the construction, manufacturing, mining, and fishing industries, and as cleaners and helpers, domestic workers, and street vendors. Children also worked in agriculture during harvest periods. Children displaced by the war were especially vulnerable to employment in hazardous labor.

The list of hazardous work prohibited for children younger than 18 does not include domestic labor. This left children employed as child domestic workers vulnerable to physical, sexual, and emotional abuse. Family enterprises, such as family farms, crafts, small trade establishments, restaurants, and repair shops, commonly employed children. Criminals reportedly exploited children, especially boys, for prostitution in coastal areas catering to sex tourists (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 prohibits discrimination, including with respect to employment and occupation, on the basis of race, religion, language, caste, sex, political opinion, or place of birth. The law did not prohibit employment or occupational discrimination on the basis of color, sexual orientation and/or gender identity, age, HIV-positive status, or status with regard to other communicable diseases.

The government did not always effectively enforce these laws, and discrimination based on the above categories occurred with respect to employment and occupation. For example, some employers specified particular positions as requiring male or female applicants, and women sometimes earned less than men for equal work.

The parliament passed its first-ever national minimum wage law in 2016, mandating a wage of 10,000 Rs ($58) per month and 400 Rs ($2.31) per day. In addition the Department of Labor’s 44 wage boards continued to set minimum wages and working conditions by sector and industry in consultation with unions and employers. The minimum wage in the public sector remained unchanged at 32,040 Rs ($185) between 2016 and 2018. The official estimate of the threshold poverty level was 4,659 Rs ($26.90) per person per month.

The law prohibits most full-time workers from regularly working more than 45 hours per week (a five and one-half-day workweek). In addition the law stipulates a rest period of one hour per day. Regulations limit the maximum overtime hours to 15 per week. Overtime pay is 1.5 times the basic wage and is paid for work beyond 45 hours per week and work on Sundays or holidays. The provision limiting basic work hours is not applicable to managers and executives in public institutions. The law provides for paid annual holidays.

The government sets occupational health and safety standards. Workers have the right to remove themselves from dangerous situations, but many workers had no knowledge of such rights or feared that they would lose their jobs if they did so.

Authorities did not effectively enforce minimum wage, hours of work, and occupational safety and health standards in all sectors. The Labor Ministry’s resources, inspections, and remediation efforts were sometimes inadequate. Occupational health and safety standards in the rapidly growing construction sector, including on infrastructure development projects, such as port, airport, and road construction, as well as high-rise buildings, were insufficient. Employers, particularly those in the construction industry, increasingly used contract employment for work of a regular nature, and contract workers had fewer safeguards.

Labor Ministry inspectors verified whether employers fully paid employees and contributed to pension funds as required by law. Unions questioned, however, whether the ministry’s inspections were effective. The Labor Department used a computerized Labor Information System Application designed to improve the efficiency and effectiveness of inspections. The financial punishment for nonpayment of wages is negligible, with fines ranging from 100 Rs ($0.58) to 250 Rs ($1.44) for the first offense, 250 Rs ($1.44) to 500 Rs ($2.89) for the second offense, to 1,000 Rs ($5.78) or incarceration for a term not exceeding six months, or both, for the third offense. Under the Shop and Office Act, the penalties for violating hours of work laws are a fine of 500 Rs ($2.89), six months’ imprisonment, or both. The law charges a fine of 50 Rs ($0.29) per day if the offense continues after conviction. These penalties were insufficient to deter violations. Labor inspectors did not monitor wages or working conditions or provide programs or social protections for informal sector workers.

No reliable sources of data covered the informal sector.

Sudan

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

Women

Rape and Domestic Violence: Rape and sexual harassment are criminal offenses, and a rape victim cannot be prosecuted for adultery. Marital rape is not recognized.

There were no reliable statistics on the prevalence of rape and domestic violence. The international expert on the human rights situation in Sudan and UNAMID’s human rights section reported that they received regular reports of incidents of rape and sexual and gender-based violence (see section 1.g.). Monitoring groups reported that the incidence of rape and sexual assault increased as the economic situation worsened during the year. Human rights organizations cited substantial barriers to reporting sexual and gender-based violence, including cultural norms, police reluctance to investigate, and the widespread impunity of perpetrators.

On April 19, a criminal court in Omdurman convicted 19-year-old Noura Hussein of the murder of her husband under article 130 of the 1991 Criminal Code. Hussein was sentenced to death on May 3, but an appeals court later reduced the sentence to five years’ imprisonment and payment of blood money to her deceased husband’s family. Hussein became engaged at the age of 15 under pressure from her family and was married three years later. Her defense team and supporters report that she was raped by her husband with the help of male family members after she refused to consummate the marriage, and claimed Hussein acted in self-defense. The case generated substantial attention to the country’s family and marriage laws and provoked a national movement calling for legal reform and an end to child marriage.

Female Genital Mutilation/Cutting (FGM/C): FGM/C remained a problem throughout the country. No national law prohibits FGM/C, and the procedure continued to be used on women and girls throughout the country. The government launched a national campaign in 2008 to eradicate FGM/C by 2018; since 2008 five states passed laws prohibiting FGM/C: South Kordofan, Gedaref, Red Sea, South Darfur, and West Darfur. The government, with the support of the first lady, continued to prioritize the “saleema” (uncut) campaign, which raised public awareness. The government continued to work with UNICEF, the UN Population Fund (UNFPA), and the World Health Organization to end FGM/C.

According to UNICEF and UNFPA, the prevalence rate of FGM/C among girls and women between 15 and 49 years old was 87 percent. Prevalence varied geographically and depended on the local ethnic group.

For more information, see data.unicef.org/resources/female-genital-mutilation-cutting-country-profiles/ .

Sexual Harassment: There were frequent reports of sexual harassment by police. The government did not provide any information on the number of sexual harassment reports made. NGOs, not the government, made most efforts to curb sexual harassment.

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

Discrimination: The law, including many traditional legal practices and certain provisions of Islamic jurisprudence as interpreted and applied by the government, discriminates against women. In accordance with Islamic judicial interpretation, a Muslim widow inherits one-eighth of her husband’s estate; of the remaining seven-eighths, two-thirds goes to the sons and one-third to the daughters. In certain probate trials, a woman’s testimony is not considered equal to a man’s; the testimony of two women is required. In other civil trials, the testimony of a woman equals that of a man.

By law a Muslim man may marry a Jewish or Christian woman. A Muslim woman may not marry a non-Muslim man and may be charged with adultery if she does so.

Various government institutions required women to dress according to Islamic or cultural standards, including wearing a head covering. In Khartoum Public Order Police occasionally brought women before judges for allegedly violating Islamic standards. One women’s advocacy group estimated that in Khartoum, Public Order Police arrested an average of 40 women per day. Islamic standards for dress generally were not legally enforced for non-Muslims, but were culturally enforced.

Children

Birth Registration: The Interim National Constitution states persons born to a citizen mother or father have the right to citizenship. The law, however, granted citizenship only to children born to a citizen father by descent until July 2017, when the Supreme Court recognized the right of mothers to confer citizenship on their children.

Most newborns received birth certificates, but some in remote areas did not. Registered midwives, dispensaries, clinics, and hospitals could issue certificates. Failure to present a valid birth certificate precludes enrollment in school. Access to health care was similarly dependent on possession of a valid birth certificate, but many doctors accepted a patient’s verbal assurance that he or she had one.

Education: The law provides for tuition-free basic education up to grade eight, but students often had to pay school, uniform, and examination fees to attend. Primary education is neither compulsory nor universal.

Child Abuse: The government tried to enforce laws criminalizing child abuse and was more likely to prosecute cases involving child abuse and sexual exploitation of children than cases involving adults. Some police stations included “child friendly” family and child protection units and provided legal, medical, and psychosocial support for children.

Early and Forced Marriage: The legal age of marriage was 10 years for girls and 15 years or puberty for boys. The government and the president’s wife continued to work to end child marriage.

Sexual Exploitation of Children: Penalties for the sexual exploitation of children vary and can include imprisonment, fines, or both. The government tried to enforce laws criminalizing child sexual exploitation.

There is no minimum age for consensual sex or a statutory rape law. Pornography, including child pornography, is illegal. Statutes prescribe a fine and period of imprisonment not to exceed 15 years for child pornography offenses.

Displaced Children: Internally displaced children often lacked access to government services such as health and education due to both security concerns and an inability to pay related fees. In July UNICEF reported that approximately 960,000 children were internally displaced.

Institutionalized Children: Police typically sent homeless children who had committed crimes to government camps for indefinite periods. Health care, schooling, and living conditions were generally very basic. All children in the camps, including non-Muslims, had to study the Quran.

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

A very small Jewish community remained in the country, predominantly in the Khartoum area. Societal attitudes were generally not tolerant of Jewish persons, although anti-Semitic acts were rare.

Trafficking in Persons

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

Persons with Disabilities

Although the law and the Interim National Constitution, provides protection for persons with disabilities, social stigma and a lack of resources hindered the government’s enforcement of disability laws. The law does not specifically prohibit discrimination against persons with disabilities.

Social stigma and lack of resources often prevented government and private entities from accommodating persons with disabilities in education and employment. Appropriate supports were especially rare in rural areas.

The government had not enacted laws or implemented effective programs to provide for access to buildings, information, and communication for persons with disabilities.

National/Racial/Ethnic Minorities

The population includes more than 500 ethnic groups, speaking numerous languages and dialects. Some of these ethnic groups self-identify as Arab, referring to their language and other cultural attributes. Northern Muslims traditionally dominated the government.

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

The law does not specifically prohibit homosexuality but criminalizes sodomy, which is punishable by death. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons are not considered a protected class under antidiscrimination laws. Antigay sentiment was pervasive in society. LGBTI organizations increasingly felt pressured to suspend or alter their activities due to threat of harm. Several LGBTI persons felt compelled to leave the country due to fear of persecution, intimidation, or harassment.

There were no reports of official action to investigate or punish those complicit in LGBTI-related discrimination or abuses.

HIV and AIDS Social Stigma

There was societal discrimination against persons with HIV/AIDS.

Other Societal Violence or Discrimination

Clashes sometimes resulted from conflicts over land rights, mineral ownership, and use of gold-mining areas, particularly in the Jebel Amer area in North Darfur. Observers believed those clashes resulted in deaths and displacement. Largely unregulated artisanal gold-mining activities continued in all of the Darfur states, although it was a lesser source of tension between communities than in previous years. Claims to land rights continued to be mostly ethnic and tribal in nature.

Promotion of Acts of Discrimination

The government, government-supported militias, and rebel groups reportedly promoted hatred and discrimination, using standard propaganda techniques. The government often used religiously charged language to refer to suspected antigovernment supporters.

The government did not take measures to counter hate speech.

Section 7. Worker Rights

The law provides that employees of companies with more than 100 workers can form and join independent unions. Other employees can join nearby, preexisting unions. The law establishes a single national trade union federation and excludes police, military personnel, prison employees, legal advisers in the Justice Ministry, and judges from membership. In some cases membership in international unions was not officially recognized.

The Sudan Workers’ Trade Union Federation, a government-controlled federation of 18 state unions and 22 industry unions, is the only official umbrella organization for unions. There were no NGOs that specialized in broad advocacy for labor rights. There were unrecognized “shadow unions” for most professions. For example, the government recognized only the Sudan Journalists Union, whose membership included all journalists, including the spokesperson of the Sudan Air Force, as well as NISS media-censorship officials. Most independent journalists, however, were members of the nonregistered Sudan Journalist Network, which organized advocacy activities on behalf of journalists.

The law denies trade unions autonomy to exercise the right to organize or to bargain collectively. It defines the objectives, terms of office, scope of activities, and organizational structures and alliances for labor unions. The government’s auditor general supervised union funds because they are considered public money. The law regulates unions’ right to conduct strikes. Some unions have by-laws that self-restrict their right to strike. Labor observers believed some of these self-restrictions were imposed to maintain favor with the government. The law requires all strikes in nonessential sectors to receive prior approval from the government after satisfying a set of legal requirements. Specialized labor courts adjudicate standard labor disputes, but the Ministry of Labor has the authority to refer a dispute to compulsory arbitration. Disputes also may be referred to arbitration if indicated in the work contract. The law does not prohibit antiunion discrimination by employers.

Police could break up any strike conducted without prior government approval. There were several cases of strikes reported during the year.

Bureaucratic steps mandated by law to resolve disputes between labor and management within companies may be lengthy. Court sessions may involve additional significant delays and costs when labor grievances are appealed.

The government did not effectively enforce applicable laws. Freedom of association and the right to collective bargaining were not respected. There were credible reports the government routinely intervened to manipulate professional, trade, and student union elections.

According to the International Trade Union Confederation, in oil-producing regions police and secret service agents, in collusion with oil companies, closely monitored workers’ activities.

The law prohibits and criminalizes all forms of forced or compulsory labor. The government, however, did not effectively enforce the law. Resources, inspections, and remediation were inadequate, and penalties for violations in the form of fines were rarely imposed and insufficient to deter violations. Most of the violations existed in the farming and pastoral sectors. Enforcement proved difficult in rural areas and areas undergoing conflict.

The government stated it investigated and prosecuted cases of forced labor, but it did not compile comprehensive statistics on the subject. Some government officials claimed that forced labor had been eradicated and denied reports that citizens engaged in this practice.

There were reports some children were engaged in forced labor, especially in the informal mining sector. Some domestic workers were believed to work without pay. Women refugees were especially prone to labor violations.

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

The law prohibits the worst forms of child labor. The Interim National Constitution mandates that the state protect the rights of children as provided in international and regional conventions ratified by the country. The law defines children as persons younger than 18 years old and prohibits children younger than 14 from working, except in agricultural work that is not dangerous or harmful to their health. The Ministry of Social Welfare, Women, and Child Affairs is responsible for enforcing child labor laws.

The Child Act goes on to define working children as persons between 14 and 18 years old. The law also prohibits the employment of such persons between 6 p.m. and 8 a.m.

The law allows minors to work for seven hours a day broken by a paid hour of rest. It is illegal to compel minors to work more than four consecutive hours, work overtime, or work during weekly periods of rest or on official holidays. The law prohibits employers from waiving, postponing, or reducing annual leave entitlements for minors. The government did not always enforce such laws due to inadequate resources and societal complicity.

Child labor was a serious problem, particularly in the agricultural sector where the practice was common. Most other child labor occurred in the informal urban sector, including in menial jobs for which the government lacked the resources to monitor comprehensively. Children were engaged in shining shoes, washing and repairing cars, collecting medical and other resalable waste, street vending, begging, construction, and other menial labor.

The International Labor Organization monitored forced child labor in gold mining. UNICEF received unverified reports revealing the dangerous conditions under which children were working in gold mining, including requirements to carry heavy loads and to work at night and within confined spaces and exposure to mercury and high temperatures. There were reports children as young as 10 years old were used in artisanal gold mining throughout the country. According to multiple reputable sources, thousands of children worked in artisanal gold mining, particularly in River Nile, Blue Nile, West Darfur, and North Darfur States, resulting in large numbers of students dropping out of school.

There were reports of the use of child soldiers by the SPLM-N, but numbers were difficult to verify (see section 1.g.).

d. Discrimination with Respect to Employment and Occupation

Law and regulations prohibit discrimination based on race, sex, gender, disability, tribe, and language, but they are unevenly applied. There is no legal protection from discrimination based on sexual orientation or gender identity, HIVor other communicable disease status, political opinion, social or national origin, age, or social status. The law does provide protection based on religion or ethnicity, but provides for accommodations based on Islamic practices, including reduced working hours during the month of Ramadan and paid leave to perform Hajj pilgrimage. Labor laws apply to migrant workers with legal contracts, but foreign workers who are not considered to have legal status also are not provided legal protections from abuse and exploitation.

The government did not effectively enforce antidiscrimination laws and regulations in the workplace; penalties in the form of fines were rarely imposed and were insufficient to deter violations. Discrimination occurred in employment and occupation based on gender, religion, and ethnic, tribal, or party affiliation. Ethnic minorities often complained that government hiring practices discriminated against them in favor of “riverine” Arabs from northern Sudan. Ethiopians, Eritreans, and other refugees or migrants were often exposed to exploitative work conditions.

There were reports that some female refugees and migrants working as domestic workers or tea sellers were not compensated for their work, required to pay “kettle taxes” to police, sexually exploited, or trafficked. More than 10,000 women in the informal sector depended on selling tea on the streets of Khartoum State for their livelihoods, most after having fled conflict in Darfur and the Two Areas. Despite the collective activism of many tea sellers, harassment of tea sellers and confiscation of their belongings continued as in previous years.

Due to their uncertain legal status, many refugees and migrants did not report discrimination or abuse due to fear of imprisonment or repatriation.

Migrant workers and some ethnic minorities were unaware of their legal rights, suffered from discrimination, and lacked ready access to judicial remedies. The International Organization of Migration established a migrants’ reception center in Khartoum that included workshops on workers’ rights and the hazards of migration.

The minimum monthly wage for public-sector workers was 425 SDG ($9), set by the High Council of Salary in the Ministry of Cabinet Affairs. The minimum monthly salary in the private sector is set by agreements made between individual industries and the High Council of Salary, and it varied among industries. An estimated 46 percent of citizens lived below the poverty line of 12 SDG ($0.25) per person per day. Most public-sector employees received wages below the poverty line.

The law limits the workweek to 40 hours (five eight-hour days, not including a 30-minute to one-hour daily break), with days of rest on Friday and Saturday. Overtime should not exceed 12 hours per week or four hours per day. The law provides for paid annual leave after one year of continuous employment and paid holidays after three months.

The laws prescribe occupational safety and health standards. Any industrial company with 30-150 employees must have an industrial safety officer. A larger company is required to have an industrial safety committee that includes management and employees. Committees and officers are required to report safety incidents to the Ministry of Labor. The law requires the owner of an industrial company to inform workers of occupational hazards and provide means for protection against such hazards. Management is also required to take necessary precautions to protect workers against industrial accidents and occupational diseases, but the law does not recognize the right of workers to remove themselves from dangerous work situations without loss of employment. Some heavy industry and artisanal mining operations, notably gold extraction, reportedly lacked sufficient safety regulations.

Safety laws do not apply to domestic servants; casual workers; agricultural workers other than those employed in the operation, repair, and maintenance of agricultural machinery; enterprises that process or market agricultural products such as cotton gins or dairy-product factories; jobs related to the administration of agricultural projects, including office work, accounting, storage, gardening, and livestock husbandry; or to family members of an employee who live with the employee and who are completely or partially dependent on the employee for their living.

Representatives of the Eritrean and Ethiopian communities in Khartoum stated undocumented migrants in the capital were subjected to abusive work conditions. They also reported many undocumented workers did not report abuse due to fear authorities might deport them to Eritrea because of their illegal status.

The Ministry of Labor, which maintained field offices in most major cities, is responsible for enforcing these standards. Various types of labor inspectors included specialists on labor relations, labor conflicts, and vocational, health, and recruitment practices. They operated on both federal and state levels.

Standards were not uniformly enforced. Although employers generally respected the minimum wage law in the formal sector, in the informal sector wages could be significantly below the official rate. Since enforcement by the Ministry of Labor was minimal, working conditions generally were poor. Inspections and enforcement were generally minimal in both the formal and informal sectors.

Suriname

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

Women

Rape and Domestic Violence: The law criminalizes rape of men and women, including spousal rape, and prescribes penalties for rape or forcible sexual assault of between 12 and 15 years’ imprisonment and fines up to 100,000 Surinamese dollars (SRD) ($13,300). The government enforced the law effectively, including applying its provisions in cases involving rape of men. Police received 513 reports of sexual abuse as of September. Authorities investigated and prosecuted all reported cases.

Violence against women remained a serious and pervasive problem. The law imposes sentences of four to eight years’ imprisonment for domestic violence. Through September police reported to have received 102 cases of domestic abuse, compared with 421 for the same period in 2017. Domestic abuse played a role in four of the 18 homicides committed through September; prosecutions were pending.

The Victim Assistance Bureau of the Ministry of Justice and Police provided resources for victims of domestic violence and continued to raise awareness about domestic violence through public television programs. There were victims’ rooms in police stations in Paramaribo and Nickerie. Authorities trained police units in dealing with survivors and perpetrators of sexual crimes and domestic violence. The Victim Assistance Bureau managed a shelter for female victims of domestic violence and children up to age 12 and served an average of 40 clients per year. The Office for Gender Affairs of the Ministry of Home Affairs launched an awareness campaign in May against domestic violence nationwide.

Sexual Harassment: There is no specific legislation on sexual harassment, but prosecutors cited various penal code articles in filing sexual harassment cases. There were no reported court cases involving sexual harassment in the workplace.

Stalking is a criminal offense, and police may investigate possible cases of stalking without the filing of a formal complaint. Pending investigation, police may issue temporary restraining orders limiting contact between victim and suspect for up to 30 days. If found guilty, offenders can receive prison sentences ranging from four to 12 years and fines from SRD 50,000 to SRD 150,000 ($6,650 to $19,950).

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

Discrimination: The law provides for protection of women’s rights to equal access to education, employment, and property. Nonetheless, women experienced discrimination in access to employment and in rates of pay for the same or substantially similar work. In August the National Assembly passed labor legislation that protects pregnant women from being fired.

Children

Birth Registration: The law on citizenship and residency provides that citizenship transmits to a child when either the father or mother has Surinamese citizenship at the time of birth, when the parent is Surinamese but has died before birth, or if the child is born in the country’s territory and does not automatically acquire citizenship of another country. Births must be registered with the Civil Registry within one week. Failure to do so within the mandated period results in a more cumbersome process of registration.

Child Abuse: Police registered 47 cases of physical abuse and 256 cases of child sexual abuse as of September. Subject-matter experts believed the actual number of abuse cases was significantly higher than reported. To avoid intimidation by perpetrators, there were arrangements for children to testify in special chambers at legal proceedings. The Youth Affairs Office continued to raise awareness about sexual abuse, drugs, and alcohol through a weekly television program. The government operated a telephone hotline for children and provided confidential advice and aid to children in need. Authorities reported an average of 80 calls per day.

UNICEF continued cooperating with the government in providing training to officials from various ministries dealing with children and children’s rights. The Ministry of Justice and Police operated three child protection centers in different parts of the country.

Early and Forced Marriage: Parental permission to marry is required until the age of 21. The marriage law sets the age of marital consent at 15 for girls and 17 for boys, provided parents of the parties agree to the marriage. Children in certain tribal communities often marry at an age below that set forth by the law.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, offering or procuring a child for child prostitution, and practices related to child pornography. Authorities prosecuted all reported violations. While the legal age of sexual consent is 14, trafficking-in-persons legislation makes illegal the sexual exploitation of a person younger than age 18. Criminal law penalizes persons responsible for recruiting children into prostitution and provides penalties of up to six years’ imprisonment and a fine of SRD 100,000 ($13,300) for pimping. The law also prohibits child pornography, which carries a maximum penalty of six years’ imprisonment and maximum fine of SRD 50,000 ($6,650). Violations are punishable by prison terms of up to 12 years.

Lack of economic opportunities led to an increasing number of adolescent boys and girls entering prostitution to support family or to pay for education. One NGO reported commercial sexual exploitation of children as young as 14. While not generally marketed as a destination for child sex tourism, cases were reported of tourists involved in sexual exploitation of children. Cases were also reported of parents forcing their young children into prostitution.

Several cases of sexual exploitation, sexual and physical abuse, and neglect came to trial. Victims included both boys and girls. Sentences range up to 10 years in prison.

Institutionalized Children: A lack of financial support from the Ministry of Social Affairs for orphanages and other shelters for children significantly affected these institutions’ ability to care for children adequately. There were reported cases of verbal, physical, and sexual abuse in some shelter facilities.

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

Anti-Semitism

There was a declared Jewish community of approximately 150 persons. There were no reports of anti-Semitic acts or discrimination.

Trafficking in Persons

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

Persons with Disabilities

No laws specifically prohibit discrimination against persons with physical or mental disabilities. Persons with disabilities are eligible to receive general health benefits, but the process can be cumbersome. Persons with disabilities experienced discrimination when applying for jobs and services. Authorities provided some training programs for persons with impaired vision or other disabilities. No laws or programs provide that persons with disabilities have access to buildings. A judge may rule to deny a person with a cognitive disability the right to vote, take part in business transactions, or sign legal agreements. Primary education was available for persons with disabilities and, depending on the type of disability, secondary and higher education were also available. There was secondary and technical education for deaf and hard-of-hearing persons but not for those with visual disabilities. Persons with disabilities are eligible to receive a stipend from the government until they marry or turn 60. The Ministry of Social Affairs is responsible for protecting the rights of persons with disabilities.

In October the Ministry of Social Affairs supported an NGO-led workshop on developing awareness for the UN Convention for the Rights of Persons with Disabilities, as well as identifying issues of concern.

Indigenous People

The law affords no special protection for, or recognition of, indigenous peoples. The IACHR identified the Maroons (descendants of escaped slaves who fled to the interior–approximately 22 percent of the population) as tribal peoples and thus entitled to the same rights as the indigenous Amerindian communities (approximately 4 percent of the population).

Maroons and Amerindians living in the remote and undeveloped interior had limited access to education, employment, and health and social services. Both groups participated in decisions affecting their tradition and culture, but they had limited influence in decisions affecting exploitation of energy, minerals, timber, and other natural resources on their lands. Both Maroons and Amerindians took part in regional governing bodies, as well as in the National Assembly, and were part of the governing coalition.

The government recognizes the different Maroon and indigenous tribes, but they hold no special status under national law, and there was no effective demarcation of their lands. Because authorities did not effectively demarcate or police Amerindian and Maroon lands, these populations continued to face problems with illegal and uncontrolled logging and mining. No laws grant indigenous peoples the right to share in the revenues from the exploitation of resources on their traditional lands. Organizations representing Maroon and Amerindian communities complained that small-scale mining operations, mainly by illegal gold miners, some of whom were themselves tribal or supported by tribal groups, dug trenches that cut residents off from their agricultural land and threatened to drive them away from their traditional settlements. Mercury runoff from these operations as well as riverbank erosion also contaminated sources of drinking water and threatened traditional food sources, especially freshwater fish.

Maroon and Amerindian groups complained about the government granting land within their traditional territories to third parties, who sometimes prevented the villages from engaging in their traditional activities on those lands.

In July the government translated and published the summary of the Kalina and Lokono Peoples vs. Suriname Inter-American Court of Human Rights ruling announced in 2015. The court declared the state responsible for violating the rights to recognition of juridical personality, to collective property, to political rights, and to cultural identity, and reminded the state of its duty to adopt appropriate domestic legal provisions. The court ordered the government to recognize the Kalina and Lokono collective juridical personality legally; delimit, demarcate, and title the territory to the peoples; establish a community development fund; and rehabilitate areas affected by mining by third parties. The court also ordered similar legislative changes to be made for recognizing the rights of all indigenous and tribal peoples and to have this effective legal recognition and protection within three years. As of October the government had not taken action to carry out the court’s orders. The final deadline for the government to implement the ruling was January 2019.

The government also took no action to implement precautionary measures requested by the IACHR in 2016 regarding a 2009 petition from the Kalina Indigenous Community of Maho. In 2014, despite the continuing litigation, the government continued to grant concession rights to third parties in the area of the Maho community. In 2016 the Maho community requested that the IACHR forward the case to the Inter-American Court of Human Rights. Throughout the year the community continued to report infringements on its lands.

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

The constitution prohibits many forms of discrimination but does not address sexual orientation or gender identity. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals could associate freely, were socially very active, and advocated within society under the same laws that pertain to the assembly and association of other groups. The law prohibits discrimination and hate speech based on sexual orientation, specifically protecting the LGBTI community. Violations are punishable by a fine or prison sentence of up to one year. The law does not set standards for determining what constitutes such discrimination or hate speech. The law was in effect but had not been used in any case.

The LGBT Platform, a collective of NGOs, reported improvements in acceptance of the LGBTI community by society. Despite legal protections, the government itself discriminated against same-sex couples, since 2014 legislation on retirement benefits specifically excludes same-sex couples from benefits granted to heterosexual couples. Among the LGBTI community, the transgender community faced the most stigmatization and discrimination. Transgender women arrested or detained by police were placed in detention facilities for men, where they faced harassment and other violence from other detainees.

There were few official reports of violence against LGBTI persons, primarily due to fear of retribution and because authorities reportedly did not take seriously complaints filed by members of the LGBTI community. There were reports of societal discrimination against the LGBTI community in areas of employment and housing.

An appeals case involving the Civil Registration Office concerning the ability of transgender individuals to update legal documents to reflect their gender identity in the public registry was ongoing.

HIV and AIDS Social Stigma

Persons with HIV/AIDS continued to experience discrimination in employment and medical services. Medical treatment is free for HIV/AIDS patients covered under government insurance, but private insurers did not cover such treatment. NGOs reported discriminatory testing, and subsequent denial, when applying for housing assistance from the Ministry of Social Affairs.

Other Societal Violence or Discrimination

Chinese shop owners continued to be targets of violent armed robberies. Violence in the gold-mining areas of the interior occurred primarily among and within the Brazilian community, where the government exercised little authority.

Section 7. Worker Rights

The law provides for the right of workers to form and join unions of their choice without previous authorization or excessive requirements, the right to bargain collectively, and the right to strike. The law prohibits antiunion discrimination, requires that workers terminated for union activity be reinstated, and prohibits employer interference in union activities. Labor laws do not cover undocumented foreign workers.

The government is effectively responsible for enforcing laws related to freedom of association and the right to collective bargaining. Penalties for violations of these rights range from six months’ imprisonment to fines of SRD 100,000 ($13,300) and were generally sufficient to deter violations.

Workers formed and joined unions freely and exercised their right to strike. During the year there were several strikes of government workers to either force implementation of contracts already agreed upon with the government or to demand wage increases.

The majority of trade unions have some affiliation with a political party. Some trade union leaders held high-level positions in the coalition government, while another trade union was associated with an opposition party.

In isolated cases private employers refused to bargain or recognize collective bargaining rights, but the unions usually pressured the employers to negotiate. There were some reports that companies exploited legislative gaps and hired more contract employees than direct-hire staff to perform core business functions in order to cut costs.

The government passed several laws to protect employees from various forms of discrimination and set restrictions on the ability to fire employees. The government itself (the largest employer in the country) was not bound by these laws, however, since it deemed labor laws applicable only to private employees, not civil servants.

The law prohibits all forms of forced or compulsory labor. Administrative penalties for violations include imprisonment and fines insufficient to deter violations. Criminal penalties for violations range from five to 20 years’ imprisonment. Labor inspectors received training on detecting forced labor. During the year the Labor Inspectorate reported that it investigated at least three alleged forced labor cases. Labor inspectors trained to identify trafficking victims were legally authorized to conduct inspections outside formal workplaces but lacked the manpower and capacity to do so.

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

The law prohibits the worst forms of child labor and sets the minimum age for most types of employment at 14 and restricts working hours for minors younger than 14 to day shifts, but it does not limit the number of hours minors can work. The law permits children younger than 14 to work only in a family-owned business, small-scale agriculture, and special vocational work. The law requires children to attend school until they are at least age 12, but this leaves children between ages 12 and 14 particularly vulnerable to the worst forms of child labor, as they are no longer required to attend school, but they are not yet legally permitted to work. The law prohibits children younger than 18 from doing hazardous work, defined as work dangerous to life, health, and decency. The law does not permit children younger than 15 to work on boats. Authorities may prosecute parents who permit their children to work in violation of labor laws. Employing a child younger than 14 is punishable by fines and imprisonment. While such penalties generally were sufficient to deter violations, authorities rarely enforced them, typically responding only when a report was filed with Youth Police.

The Ministry of Labor’s Department of Labor Inspection did not identify any cases of child labor in the formal business sector during the year. The police are responsible for enforcement in the informal sector and enforced the minimum working age law sporadically. Resources, such as vehicles and manpower, to enforce the laws also remained inadequate.

Child labor remained a problem in the informal sector and, according to newspaper reports, grew during the year due to lack of economic opportunities in the country. Historically, child labor occurred in agriculture, logging, fisheries, and the construction sector, as well as in street vending. Isolated cases of child labor occurred in the informal gold-mining sector in the interior, informal urban sectors, and in commercial sexual exploitation (see also section 6, Children).

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination based on birth, sex, race, language, religious origin, education, political beliefs, economic position, or any other status. The penal code prohibits discrimination based on sexual orientation. Enforcement of the law was selective as there was reported discrimination in employment with regard to disability, gender, sexual orientation, gender identity, and HIV/AIDS status. Women’s pay lagged behind men’s pay. Persons with disabilities faced discrimination in access to the workplace and LGBTI persons faced discrimination in hiring.

The law provides for a national minimum wage. The minimum wage was SRD 6.14 ($0.82), which was below the World Bank poverty income level. In the private sector, most unions were able to negotiate wage increases.

Approximately 41,000 of the estimated 133,000 total formal workforce were employed by the government. Government employees frequently supplemented their salaries with second or third jobs, often in the informal sector.

Work in excess of 45 hours per week on a regular basis requires special government permission, which was routinely granted. The law requires premium pay for such overtime work, prohibits excessive overtime, requires a 24-hour rest period per week, and stipulates paid annual holidays. Overtime is generally limited to four hours per day, for a maximum 12-hour workday. During the holiday season, the retail sector has a blanket permit allowing for work up to 15 hours a day, including seven hours of overtime. The government sets occupational health and safety standards, which generally are current and appropriate for the main industries in the country.

Laws were effectively enforced only in the formal sectors. Inspectors in the Occupational Health and Safety Division of the Ministry of Labor are responsible for enforcing occupational safety and health regulations, but they did not make regular occupational safety and health inspections. The Department of Labor Inspection is responsible for enforcing labor laws. Penalties for violating the labor laws vary from fines to suspension of business licenses, depending on the severity of the case, and were sufficient to deter the worst violations.

An estimated 15 percent of the working-age population worked in the informal economy, where there was limited enforcement of labor laws. Workers in the informal sector, particularly in small-scale mining, often were exposed to dangerous conditions and hazardous substances, such as mercury.

Limited data were available on workplace accidents. The International Labor Organization, however, noted an increasing number of serious or fatal occupational accidents, as well as steps by labor inspectors to begin occupational safety and health training in mines, construction, and public service. The majority of fatal occupational accidents took place in the mining sector.

Workers in the formal sector can remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. Workers in the informal sector did not enjoy the same protection.

Sweden

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

Women

Rape and Domestic Violence: Rape, including spousal rape and domestic violence, are illegal, and the government enforced the law effectively. Penalties range from two to 10 years in prison.

Amnesty International alleged that “rape and other forms of sexual violence against women and girls remained widespread but there were few convictions.” In 2017 only 111 cases of the 3,430 reported were prosecuted. Authorities apprehended and prosecuted abusers in most cases of domestic violence reported to them. On October 2, the Malmo district court sentenced a man to four years and 10 months in prison for aggravated rape of a woman in a massage salon.

The law provides for protection of survivors from contact with their abusers. When necessary, authorities helped survivors protect their identities or obtain new identities and homes. Both national and local governments helped fund volunteer groups that provided shelter and other assistance for abused women.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C. The government developed a national action plan to prevent FGM/C and work with victims.

Other Harmful Traditional Practices: Honor-related violence often involved immigrants from the Middle East or South Asia. In 2017 the Swedish Prison and Probation Services estimated that 97 persons were in prison for committing honor-related violence.

Sexual Harassment: The law prohibits sexual harassment and provides for criminal penalties from a fine to up to two years in prison. The government generally enforced this law. During the year a flood of stories of assault and harassment forced the resignations of several high-profile persons.

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

Discrimination: Women have the same legal status and rights as men, including under family, religious, personal status, labor, property, nationality, and inheritance law. Women were underrepresented in high-ranking positions in both the public and the private sectors.

Gender-based discrimination with respect to access to credit, owning or managing a business, and access to education and housing is prohibited and was not commonly reported. The government enforced the laws effectively.

Children

Birth Registration: Citizenship is derived from one’s parents. The tax authority immediately registered in the national population register all children born in the country, regardless of their parents’ citizenship or immigration or residency status in the country.

Child Abuse: The law prohibits parents or other caretakers from abusing children mentally or physically. Penalties for such range from a fine up to 10 years in prison. Cases of child abuse were reported. Authorities may remove abused children from their homes and place them in foster care. The children’s ombudsman published a number of reports and publications for children and those working to protect children from abuse.

Early and Forced Marriage: The minimum age of marriage is 18, and it is illegal for anyone under 18 to marry. The government will legally recognize as valid the marriage of anyone who comes to the country after the age of 18, even if they were married abroad before the age of 18. The country does not recognize a foreign child marriage if either of the parties was a Swedish citizen or resident in the country at the time of marriage.

Sexual Exploitation of Children: The law criminalizes “contact with children under 15 for sexual purposes,” including internet contact intended to lead to sexual assault. Penalties range from fines to one year in prison. The law prohibits the sale of children; penalties range from two to 10 years in prison. It also bans child pornography with penalties ranging from fines to six years in prison. Authorities enforced the law. The minimum age for consensual sex is 15.

Displaced Children: Stockholm police reported underage children, mainly from Morocco, Algeria, and other countries in North Africa, lived on the streets. Many of these children had sought asylum in the country, but did not qualify and were at risk of removal. Social Services offered accommodation for children or foster families regardless of asylum status.

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 https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

Leaders of the Jewish community estimated there were 20,000 to 30,000 Jews in the country and approximately 6,000 registered members of Jewish congregations. The National Council for Crime Prevention (NCCP) registered 182 anti-Semitic crimes in 2016, the latest year available, compared with 277 in 2015, a decrease of approximately 34 percent. Anti-Semitic crimes included threats, verbal abuse, vandalism, graffiti, and harassment in schools. Anti-Semitic incidents were often associated with neo-Nazi movements and events in the Middle East and the actions of the Israeli government. Swedish Jews were often blamed for Israeli policies.

The most common forms of anti-Semitism were unlawful threats or harassment (49 percent of complaints), hate speech (27 percent), vandalism or graffiti (10 percent), and defamation (5 percent). Ten violent anti-Semitic hate crimes were reported in 2016, the latest year available, an increase from eight such crimes in 2015. Authorities initiated an investigation in 58 percent of the complaints of anti-Semitism reported in 2015; 37 percent were directly dismissed due to lack of evidence. Formal charges were brought in only 4 percent of the cases.

Police, politicians, media, and Jewish groups have stated that anti-Semitism has been especially prevalent in Malmo. The Simon Wiesenthal Center left in place its travel warning, first issued in 2010, regarding travel in southern Sweden, because Jews in Malmo could be “subject to anti-Semitic taunts and harassment.”

On June 21, three men in their early 20s (one Syrian, and two Palestinians) were sentenced for attempting to firebomb the synagogue in Gothenburg in December 2017. One of the Palestinian men was sentenced to two years in prison and expulsion; the others were sentenced to two years and 15 months in prison. The man facing expulsion appealed his sentence. The appellate court ruled on September 12 that he would not be expelled after serving his prison sentence due to his “special refugee status.” The prosecutor general appealed the decision not to extradite the Palestinian to the Supreme Court in October.

The newspaper Expressen reported on August 31 that a number of Sweden Democrats candidates in the general election had made anti-Semitic comments on social media. Martin Sihlen, a candidate for the municipal government in Orkelljunga, questioned the number of people murdered in the Holocaust, referred to the “Jewish plague,” and wrote online that “Hitler did not lie about the Jews” and that “Hitler was not bad.” Per Olsson, a candidate for the municipal government in Oskarshamn, shared an image of Anne Frank wearing a shirt reading “Coolest Jew in the Shower Room,” as well as a photo of Adolf Hitler. Raghu Jacobssen, a candidate for the municipal government in Stenungsund, wrote: “As long as the Rothschilds run the economy, and as such the modern slavery on this planet, there will be antisemitism. #Jews #Israel.” He also shared an image stating: “What’s the difference between a cow and the Holocaust? You can’t milk a cow for 70 years straight.” The Sweden Democrats expelled the three candidates in response to media reports about their activities online.

The government allocated 22 million kronor ($2.5 million) for grants to increase security for threatened places of worship and other parts of civil society. All religious communities and civil society actors who feel they have been threatened may apply for the grant.

The Swedish Civil Contingencies Agency continued to cooperate with religious communities on a national level to promote dialogue and prevent conflicts leading to anti-Semitic incidents. It continued to train police officers to detect hate crimes and visited high schools to raise awareness of such crimes and encourage more victims to report abuses. The government made information available in several languages for victims of hate crimes and provided interpreters to facilitate reporting. Police hate-crime officers operated throughout the country.

The Living History Forum is a public authority commissioned to address societal problems related to religious and ethnic tolerance, democracy, and human rights using the Holocaust and other crimes against humanity as its starting point. The Forum sensitized the public, and particularly the young, to the need to respect the equal value of all persons, with a specific focus on teaching about the Holocaust as a means of fighting Holocaust denial and anti-Semitism.

The Media Council initiated a No Hate Speech Movement campaign and worked to stop anti-Semitic conspiracy theories. The government allocated five million kronor ($575,000) annually for 2018-20 to strengthen the opportunities for study visits to Holocaust memorial sites, which allowed more students and teachers to visit them.

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 disabilities. In May new legislation expanded these protections to cover businesses with fewer than 10 employees. The government effectively enforced these provisions and held accountable those responsible for violations.

Government regulations require new buildings and public facilities to be fully accessible. Observers reported cases of insufficient access to privately owned buildings used by the public, such as apartments, restaurants, and bars. Some means of public transportation remained inaccessible.

National/Racial/Ethnic Minorities

Societal discrimination and violence against immigrants and Roma continued to be problems during the year.

Police registered reports of xenophobic crimes, some of which were linked to neo-Nazi or white supremacy ideology. Police investigated and the district attorney’s office prosecuted race-related crimes. The Security Service estimated the violent extreme right-wing group at 500 persons. Expo, a private foundation that researches and maps antidemocratic, right-wing extremists and racist tendencies in the country, noted increased radicalization and activities in the white supremacist groups. Neo-Nazi groups operated legally (see section 2.a.). The NRM was the largest white supremacy group with approximately 160 active members, strengthened by several hundred additional supporters who attend rallies. The NRM registered as a political party and participated in the general elections in September. It did not win any seats in any of the elections.

The Red Cross estimated that 4,700 “vulnerable EU citizens,” the vast majority of whom were Roma from Romania and Bulgaria, resided in the country in abject poverty at any given time. As EU citizens, they are allowed to stay in the country without permission for up to three months, but authorities did not enforce this limit. The police stated that most Roma were in the country voluntarily but that there were cases of trafficking and forced begging.

In its report published on February 27, the European Commission against Racism and Intolerance noted a de facto segregation of the Rinkeby-Kista district of Stockholm, where 80 percent of the population was of immigrant origin or parentage, from the rest of the country’s society. The result was lower levels of education, higher levels of unemployment, and separation from the country’s mainstream culture mainly due to poor Swedish-language skills.

In December 2017 the Civil Right Defenders together with Stockholm University concluded in a report that being singled out by police due to ethnicity was a common experience for members of certain ethnic groups, including Afro-Swedes, Muslims, and Roma, mainly from marginalized residential areas of major cities.

Indigenous People

The approximately 20,000 Sami in the country are full citizens with the right to vote in elections and participate in the government, including as members of the country’s parliament. They are not, however, represented as a group in parliament. A 31-member elected administrative authority called the Sami parliament (Sametinget) also represented Sami. The Sami parliament acted as an advisory body to the government and had limited decision-making powers in matters related to preserving the Sami culture, language, and schooling. The national parliament and government regulations governed the Sami parliament’s operations.

Longstanding tensions between the Sami and the government over land and natural resources persisted, as did tensions between the Sami and private landowners over reindeer grazing rights. Certain Sami have grazing and fishing rights, depending on their tribal history.

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

Antidiscrimination laws exist; apply to lesbian, gay, bisexual, transgender, and intersex individuals; and were enforced. In 2017 the NCCP reported 550 hate crimes based on sexual orientation and 80 reports of transphobic hate crimes.

Effective June 1, transphobia was defined as a hate crime.

Other Societal Violence or Discrimination

In 2016 the NCCP identified 6,415 police reports with a hate crime motive, a majority with xenophobic motives.

In May the UN Committee on the Elimination of Racial Discrimination (CERD) raised concerns in its periodic review over the level of racist hate crimes towards Afro-Swedes, Jews, Muslims, and Roma. The CERD also expressed concern over racist and extremist organizations’ right to arrange public demonstrations.

An inquiry of all the country’s Muslim congregations by Uppsala University showed that vandalism against mosques was common. During 2017 at least one Muslim place of worship was vandalized every week.

The police established democracy and hate crime groups in Stockholm, Gothenburg, and Malmo. In January the government opened a National Center for Preventing Violent Extremism under the auspices of the NCCP. The center serves as a clearinghouse for information, best practices, and support of municipalities, agencies, and other actors.

Section 7. Worker Rights

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The government respected these rights. The law prohibits antiunion discrimination, and provides for protection of workers from being fired because of union activity. If a court finds a dismissal to be unlawful, the employee has the right to reinstatement.

Foreign companies may be exempt from collective bargaining, provided they meet minimum working conditions and pay. Public-sector employees enjoy the right to strike, subject to limitations in the collective agreements protecting the public’s immediate health and security. The government mediation service may also intervene to postpone a strike for up to 14 days for mediation. The International Trade Union Confederation (ITUC) claimed the law restricts the rights of the country’s trade unions to take industrial action on behalf of foreign workers in foreign companies operating in the country. The law allows unions to conduct their activities largely without interference. The government effectively enforced applicable laws. The Labor Court settles any dispute that affects the relationship between employers and employees. An employer organization, an employee organization, or an employer who has entered into a collective agreement on an individual basis may lodge claims. The Labor Court may impose prison sentences sufficient to deter violations. Administrative and judicial procedures were not subject to lengthy delays and appeals.

Workers and employers exercised all legal collective bargaining rights, which the government protected. The government and employers respected freedom of association and the right to collective bargaining. There were few reports of antiunion discrimination. ITUC quoted the Swedish Confederation for Professional Employees that employee representatives and occupational safety and health (OSH) representatives were most affected by antiunion discrimination.

The law prohibits all forms of forced or compulsory labor, including by children, and the government effectively enforced the law. Penalties of imprisonment were generally sufficient to deter violations. Forced labor involving trafficked men and women occurred in agriculture (including involving companies providing foreign labor for berry picking), construction, hospitality, domestic work, forced begging, and theft, and there were reports of forced begging involving trafficked children (see section 7.c.). According to police an estimated 5,000 persons worked under slave-like conditions. In some cases employers or contractors providing labor seized the passports of workers and withheld their pay. Resources and inspections were adequate.

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

The law prohibits the worst forms of child labor. It permits full-time employment from the age of 16 under the supervision of local authorities. Employees younger than age 18 may work only during the daytime and under supervision. Children as young as 13 may work part time or perform light work with parental permission. The law limits the types of work children may or may not engage in. For instance, a child may not work with dangerous machinery or chemicals. A child may also not work alone or be responsible for handling cash transactions. The law considers illegal employment of a child in the labor market a civil rather than a criminal violation. According to the law, forcing a child to work may be treated as coercion, deprivation of liberty, or child abuse, and it carries a wide range of penalties, including fines and imprisonment. The government effectively implemented these laws and regulations. Penalties were sufficient to deter violations.

According to the National Method Support Against Prostitution and Trafficking, an umbrella organization under the auspices of the Equality Agency, a total of 82 children were trafficked from outside the country in 2017. This was an increase compared with previous years. These children were subjected to forced begging, forced petty theft, and sexual exploitation. Police and social services reportedly acted promptly on reported cases.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in respect of employment and occupation. The government effectively enforced applicable law, and penalties were sufficient to deter violations. The law requires equal pay for equal work. Discrimination in employment or occupation occurred. The discrimination ombudsman investigated complaints of gender discrimination in the labor market. In 2017 the ombudsman received 706 complaints of discrimination in the labor market, of which 128 were related to gender. Workers with disabilities faced workplace access discrimination. Of the complaints of ethnic discrimination, 227 involved the labor market. Complaints may also be filed with the courts or with the employer. Labor unions generally mediated in cases filed with the employer.

There is no national minimum wage law. Annual collective bargaining agreements set wages, which were greater than the poverty income level. By regulation both foreign and domestic employers must offer conditions of employment on par with the country’s collective agreements. Nonunion establishments generally observed these contracts as well.

The labor law and collective bargaining agreements regulate overtime and rest periods. The law allows a maximum of 200 hours of overtime annually. Collective agreements determined compensation for overtime, which could take the form of money or time off. The law requires a minimum period of 36 consecutive hours of rest, preferably on weekends, over a seven-day period.

OSH standards were appropriate. The responsibility for identifying unsafe situations remains with OSH experts and not the worker.

The Swedish Work Environment Authority, a government agency, effectively enforced these standards. During the year the government’s more than 400 unannounced visits to check on work permits, taxes, and working environment regulations showed widespread violations. In 2017 the authority conducted approximately 22,000 labor dialogue visits and 16,000 labor inspections. The number of inspectors was adequate. The government’s increase of the authority’s budget resulted in the hiring of additional labor inspectors.

The Swedish Work Environment Authority issued occupational health and safety regulations, and trained union stewards and safety ombudsmen whom government inspectors monitored. Safety ombudsmen have the authority to stop unsafe activity immediately and to call in an inspector. The authority effectively enforced these rules. An employer may be fined for violating work environment regulations. Information regarding the penalties’ sufficiency to deter violation was not available.

Many foreign seasonal workers, including berry pickers from Asia and Bulgaria, faced harsh conditions of work, including the seizure of passports, withholding of pay, and poor living and working conditions. The guidelines of the Swedish Retail and Food Federation cover EU citizens who pick berries in the country but not workers from outside the EU. Under the guidelines berry pickers are to be informed that they have the right to sell their berries to all buyers and that nobody has the right to control their workhours. In addition, a foreign company providing berry pickers to a local company must also demonstrate how it expects to pay workers in case of limited work or a bad harvest. The guidelines task food and retail organizations and brokers with ensuring their implementation.

Switzerland

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

Women

Rape and Domestic Violence: Rape, including spousal rape, and domestic violence, are statutory offenses for which penalties range from one to 10 years in prison. The government effectively prosecuted individuals accused of such crimes.

NGOs such as Terre des Femmes, Vivre Sans Violence, and the umbrella organization for women’s shelters noted that violence against women remained a serious problem. Domestic violence against migrant women was four times higher than against nonmigrant women. The law penalizes domestic violence and stalking. A court may order an abusive spouse to leave the family home temporarily.

Specialized government agencies, numerous NGOs, and nearly a dozen private or government-sponsored hotlines provided help, counseling, and legal assistance to survivors of domestic violence. According to the NGO Umbrella Organization for Swiss Women’s Shelters, more than 1,000 women and children were unable to be housed by shelters due to a lack of space and financing. Most cantonal police forces included specially trained domestic violence units.

The women’s NGO Alliance F observed a rise in violence against women and an increase in violent messages and images on social media directed at women. In one prominent case, on August 8, a group of men assaulted five young women in the early morning hours outside a nightclub in Geneva. Two of the women suffered severe head injuries, with one reportedly left in a coma. Public shock and outcry over the attack sparked protests in Geneva, Zurich, Bern, Basel, and Lausanne. According to press reports, in September, French authorities arrested three suspects in the attack, all of whom were French nationals, and took over investigation of the case.

On November 25, the NGO Feminist Peace Organization organized a campaign supported by several cantonal governments on the influence of gender stereotypes on violence against women. Approximately 50 organizations participated, and they sponsored 70 public awareness events across the country.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is illegal and punishable by up to 10 years’ imprisonment. The first-ever criminal sentence under the anti-FGM/C law was handed down during the year. In July the criminal court of Boudry in the canton of Neuchatel issued an eight-month suspended prison sentence against a Neuchatel-based Somali woman who ordered between 2013 and 2015 the full or partial removal of her six- and seven-year-old daughters’ genitalia while in Somalia and Ethiopia.

According to the latest available statistics, the University Hospital of Zurich treated up to 30 cases of FGM/C each year, while the women’s clinic in the canton of St. Gallen recorded approximately five cases each year. Hospitals in Basel also confirmed cases of FGM/C in their clinics. According to government and NGO estimates, approximately 15,000 women and girls, primarily from Somalia, Eritrea, Ethiopia, Sudan, and Egypt, were affected by, or at risk of, FGM/C.

Sexual Harassment: The law prohibits sexual harassment and facilitates legal remedies for those claiming discrimination or harassment in the workplace. Special legal protection against the dismissal of a claimant expires after six months. Employers failing to take reasonable measures to prevent sexual harassment are liable for damages up to the equivalent of six months’ salary.

The cantonal police of Bern, the Zurich city police, and the city government of Lausanne conducted public information campaigns against sexual harassment during the year. Lausanne city officials also established an online platform for victims to record instances of sexual harassment and provided extra training to police officers and teachers on the matter.

A national survey published in April 2017 by local newspaper 20 Minuten found that 44 percent of 2,700 surveyed women had experienced sexual assault at least once in their lives, while 41 percent had experienced sexual harassment, and 3 percent were victims of rape.

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

Discrimination: The constitution and the law generally provide for the same legal status and rights for women as for men. A study commissioned by the Federal Office for Gender Equality and published in June 2017 by the University of Geneva found that lawsuits regarding salary discrimination were the most numerous.

Children

Birth Registration: Citizenship derives from one’s parents; either parent may convey citizenship. Authorities registered births immediately.

Child Abuse: Child abuse was a significant problem. A study by the UBS Optimus Foundation found that up to 50,000 children are registered with child protection authorities each year due to child abuse. According to statistics by the Swiss Society of Pediatrics, child abuse cases rose 10 percent in 2017, to 1,730 cases. The most common form of child abuse was neglect, with cases almost doubling to a total of 657 cases in 2017.

Early and Forced Marriage: The legal minimum age of marriage is 18. The law prohibits forced marriage and provides penalties of up to five years in prison for violations. The federal government announced in January it would financially support the NGO Organization against Forced Marriage in its prevention activities over the next four years, including maintaining a website where at-risk individuals could declare their unwillingness to be married while on foreign travel. The website enabled authorities either to stop vulnerable individuals from leaving the country or to pronounce the marriages as invalid upon their return.

In 2017 the NGO Organization against Forced Marriage recorded 107 child marriages, of which 43 cases concerned children younger than the age of 16. The NGO partly attributed the rise in child marriages to the growing numbers of Syrian refugees who reportedly arrange marriages for their daughters in refugee camps to protect them from sexual assault, as well as to the increasing social awareness of the problem in schools and asylum centers.

Sexual Exploitation of Children: The production, possession, distribution, or downloading of internet pornography that involves children is illegal and punishable by fines or a maximum sentence of one year in prison. With few exceptions, the law designates 16 as the minimum age for consensual sex. The maximum penalty for statutory rape is imprisonment for 10 years. The mandate of the federal police Cybercrime Coordination Unit included preventing and prosecuting crimes involving the sexual exploitation of children online.

The law prohibits prostitution of persons younger than the age of 18 and punishes pimps of children subjected to trafficking in commercial sex with prison sentences of up to 10 years. It provides for sentences of up to three years in prison for persons engaging in commercial sex with children.

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 https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

According to the Swiss Federation of Jewish Communities (SIG/FSCI), approximately 18,000 Jewish individuals resided in the country.

The 2017 Anti-Semitism Report, produced jointly by the SIG/FSCI and the Foundation against Racism and Anti-Semitism, cited 39 anti-Semitic incidents (excluding anti-Semitic online hate speech) in the German-speaking part of the country in 2017. The SIG/FSCI attributed the increase in recorded anti-Semitic statements and acts to a potential improvement in the reporting behavior of the public. The report documented four physical assaults against Jews.

In 2017 the Geneva-based Intercommunity Center for Coordination against Anti-Semitism and Defamation reported 150 anti-Semitic incidents in the French-speaking region. The report noted an increase in right-wing extremist activities and anti-Semitic incidents motivated by the myth of a global Jewish conspiracy controlling the world. The report also observed a steep rise in anti-Semitic incidents on social media and a growing trivialization of the Holocaust. In July the federal government decided to allocate 500,000 Swiss francs ($500,000) annually to education and awareness efforts aimed at improving the protection of religious minorities, notably the Jewish and Muslim communities. The decision followed an October 2017 report by the Ministry of Interior, in which the government described the protection of Jewish institutions as an “issue of national importance.”

In July a German national armed with a knife yelled anti-Semitic statements while following three Jews on their way to a Zurich synagogue. Police arrested the man the same evening and released him shortly afterwards.

In August the leadership of the centrist Conservative Democratic Party (BDP) expelled a Thurgau cantonal politician from the party after he tweeted that Adolf Hitler could not have been “endlessly bad” and that he did not just see an “evil tyrant” in Hitler. He later apologized for his tweet. The BDP stated any minimization of Nazi atrocities is unacceptable.

In October a kosher butcher shop in Basel was vandalized four times in one month. Police were investigating what the community president called “anti-Semitic attacks,” and the secretary general of the SIG/FSCI told the press the incidents were “generating concern” among members of the community.

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 federal law prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government generally enforced the prohibition. The law mandates access for disabled persons to education, employment, health services, information, communications, buildings, transportation, the judicial system, and government services. The government generally enforced these provisions.

One of the country’s largest disability organizations, Procap, stated that persons with mental disabilities faced increasing difficulties finding employment. Procap also observed a growing number of disabled persons living in poverty, due to disability insurance benefits falling short of allowing disabled persons to live above the poverty income level. The NGO Humanrights.ch alleged that patients were incarcerated in regular detention centers for up to 23 hours a day and that they were denied their right to free legal counsel. In its 2016 report, the CPT stated that some mentally disabled persons were hospitalized in inappropriate conditions.

The Federal Equal Opportunity Office for Persons with Disabilities promoted awareness of the law and respect for the rights of individuals with disabilities through counseling and financial support for projects to facilitate their integration in society and the labor market. In May the government published a report on the situation of disabled persons, which concluded that disabled individuals still lacked equal access to the labor market, health care services, and housing, as well as to recreational and cultural activities. In response to the findings, the government ordered two new staff members to be added to the Federal Equal Opportunity Office for Persons with Disabilities in order to assist with the implementation of two new programs, one to increase disabled persons’ employment opportunities and the other to enable a more independent life style by better addressing disabled persons’ individual needs.

National/Racial/Ethnic Minorities

Extremists, including skinheads, who expressed hostility toward foreigners, ethnic and religious minorities, and immigrants, continued to be active.

In May the Federal Court confirmed the cantonal court of Vaud’s sentencing of a man for breaching the antiracism law after he asked on Twitter in 2015 who would join him in “torching Muslims” in response to the Charlie Hebdo attack in France. In April the Consulting Network for Racism Victims, a partnership between the NGO Humanrights.ch and the Federal Commission against Racism, released its report for 2017, again documenting an increase in racism against dark-skinned individuals and persons of Arab background. Anti-Muslim incidents were the third most-recorded cases of racism, after general xenophobia and racism against persons with dark skins. The report noted that most incidents of racial discrimination were verbal and occurred primarily in the workplace and at school. Unlike the previous year’s report, no physical attacks were reported.

In 2017 the Romani association Romano Dialogue and the Roma Foundation reported discrimination against Roma in the housing and labor markets and that many Roma routinely concealed their identity to prevent professional and private backlash. Romani representatives told local media that perceptions of uncleanliness, criminality, street begging, and lack of education continued to dominate the public’s view of Roma. According to the Society for Threatened Peoples, itinerant Roma, Sinti, and Yenish regularly faced arbitrary stops by police. In June the government rejected an official request submitted by Romani organizations to recognize Roma as a national minority. According to the government, Roma did not sufficiently display determination to “safeguard a common Swiss identity” nor did enough members have Swiss citizenship or longstanding ties to the country. The Society for Threatened Peoples called the decision discriminatory in light of the government’s recognition of the Sinti as a national minority in 2016.

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

The law does not specifically ban discrimination in housing, employment, nationality laws, and access to government services on the basis of sexual orientation, gender identity or expression, or sex characteristics. There were occasional reports of societal violence or discrimination based on opposition to lesbian, gay, bisexual, transgender, and intersex (LGBTI) status.

The umbrella organization for gay men, Pink Cross, reported that bullying in the work place remained a problem for LGBTI persons and noted that there were instances of discrimination against LGBTI individuals in the housing market. The organization also noted that authorities did not specifically prosecute hate crimes. In September Pink Cross initiated criminal proceedings against right-wing extremist leader Florian Signer of the Party of Nationally Oriented Swiss for publishing an article on the party’s website that described gay men as doing “pioneering work for pedophiles” and that the adoption of children by LGBTI persons is an “emotional time bomb.”

HIV and AIDS Social Stigma

There were occasional reports of discrimination against persons with HIV/AIDS. To combat harassment and unfair behavior, the Swiss AIDS Federation conducted multiple campaigns to sensitize the public to the problem.

Section 7. Worker Rights

The law provides for the right for all workers, including foreigners, public sector officials, domestic workers, and agricultural workers, to form and join independent unions of their choice without previous authorization or excessive requirements. The law also provides for the right to bargain collectively and conduct legal strikes. Strikes must be linked to industrial relations. The government may curtail the right of federal public servants to strike for reasons of national security or to safeguard foreign policy interests. Laws prohibited public servants in some cantons and many municipalities from striking. No specific laws prohibit antiunion discrimination or employer interference in trade union activities. The law does not require employers to reinstate an employee whom employers unjustly dismissed for union activity.

No law defines penalties for violations of the freedoms of association or collective bargaining. Penalties took the form of fines, which were sufficient to deter violations. According to union representatives, the length of administrative and judicial procedures varied from case to case. Collective bargaining agreements committed the social partners to maintain labor peace, thereby limiting the right to strike for the duration of an agreement, which generally lasted several years.

The government respected the freedoms of association and collective bargaining, but employers at times dismissed trade unionists and used the legal system to limit legitimate trade union activities. Trade unions continued to report discriminatory behavior against their members.

The law prohibits all forms of forced and compulsory labor. Penalties for forced labor violations were up to 20 years’ imprisonment, and were sufficient to deter violations. Various NGOs commented that fines for labor trafficking were often very low because authorities treated indications of forced labor as relatively minor labor violations. The government conducted several training programs for relevant authorities on labor trafficking aimed at raising awareness and reducing such exploitation. In April 2017 federal police published an updated national action plan on countering human trafficking for the period 2017-20 that included increased measures for combating forced labor and labor exploitation.

According to antitrafficking NGOs who provided services to victims, incidents of forced labor occurred, primarily in the domestic service, catering, agriculture, tourism, hospitality, construction, and nursing industries. Forced begging, stealing, and financial scams occurred in several cantons. Local media reported that forced begging by Roma was particularly common in the French-speaking cantons, including Geneva and Lausanne.

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

The law prohibits the worst forms of child labor. The minimum age for full-time employment is 15. Children who are 13 or 14 may engage in light work for no more than nine hours per week during the school year and 15 hours at other times. Children younger than the age of 13 may, under special circumstances, work at sports or cultural events with the approval of cantonal authorities. Employment of youths between the ages of 15 and 18 is also restricted. Children who have not completed compulsory education may not work on Sundays, while all children younger than the age of 18 are prohibited from working under hazardous conditions or at night. The 2014 report of the International Labor Organization’s (ILO) Committee of Experts on the Application of Conventions and Recommendations noted that the penal code prohibits the production of pornography involving children but that the relevant provisions only cover persons who are less than 16 years of age.

The government effectively enforced laws and policies to protect children from exploitation in the workplace, and penalties were sufficient to deter violations. The Federal Department of Economic Affairs, Education, and Research  monitored the implementation of child labor laws and policies, and cantonal labor inspectors effectively inspected companies to determine whether there were violations of child labor laws. Cantonal inspectors strictly enforced these provisions.

d. Discrimination with Respect to Employment and Occupation

The equality law prohibits discrimination with respect to employment on the basis of sex (including pregnancy). There is no labor law that explicitly prohibits discrimination with respect to employment on the grounds of sex, race, color, religion, sexual orientation, language, political opinion, HIV-positive status or other communicable diseases, gender identity, age, national and social origin, or refugee or stateless status.

Violations of the law may result in the award of compensation to a prospective or dismissed employee equal to a maximum of three months’ salary in the public sector and six months’ salary in private industry. The government did not effectively enforce this provision. Penalties were not sufficient to deter violations. The ILO observed that the country lacked easily accessible mechanisms for workers to seek remedy or compensation for discrimination in employment and vocational training.

Discrimination in employment and occupation occurred with respect to national, racial, and ethnic minorities as well as based on sex, sexual orientation, gender identity, disability, HIV-positive status, and age. For example, an employer refused to renew the work contract of an HIV-positive person after the employee informed his workplace of his HIV-positive status.

Discrimination against women in the workplace is illegal, but a disproportionate share of women held jobs with lower levels of responsibility. Employers promoted women less frequently than they did men, and women were less likely to own or manage businesses. Women were severely underrepresented in top-level management positions, particularly in private industry. The law entitles women and men to equal pay for equal work, but this was not enforced effectively. In 2016 the median monthly income for women in the public sector was 7,404 Swiss francs ($7,400), while men earned 8,466 Swiss francs ($8,500). The median monthly income for women in the private sector was 5,632 Swiss francs ($5,600), while men earned 6,593 Swiss francs ($6,600).

The Federal Office for Gender Equality financed projects that promoted equal pay and equal career opportunities in the amount of 4.5 million Swiss francs ($4.5 million). The projects were geared towards assisting businesses and counseling offices in eliminating sex-based discrimination.

According to Procap, one of the country’s largest organizations for persons with disabilities, problems remained in integrating individuals with disabilities into the labor market, and many persons with disabilities lacked adequate support from social insurance after taking a job, which made sustained employment difficult. (Also see section 6, Persons with Disabilities.)

In 2016 a Swiss Center for Human Rights study on discrimination protection found that LGBTI persons experienced workplace discrimination, predominantly in the private sector.

According to a July study by the Bern University of Applied Sciences, only 14 percent of unemployed people older than the age of 50 found a stable job again after losing their previous employment, with many requiring social assistance after the expiration of their unemployment benefits. The Romani association Romano Dialogue reported that Roma were subjected to discrimination in the labor market and that many Roma concealed their identity to prevent professional backlash.

There were reports of labor discrimination against persons with HIV/AIDS. In 2016 the Swiss AIDS Federation registered 118 cases of discrimination against individuals with HIV, the highest-ever number of discrimination cases recorded. Approximately 10 of those complaints concerned employment discrimination or other discrimination in the workplace. Examples of workplace discrimination included refusals to award jobs because of a person’s HIV-positive status and the experience of workplace bullying.

According to several organizations, including the International Organization for Migration, Trafficking.ch, and Au Coeur des Grottes, migrant workers in low-wage jobs were more likely than other workers to face exploitative labor practices and poor working conditions. This was especially true in the construction, hospitality, tourism, domestic work, health care, and agricultural sectors.

There was no national minimum wage. Work contracts covering approximately 40 percent of citizen wage earners included minimum wage provisions, although average wages for workers and employees covered by these contracts, particularly in the clothing, hospitality, and retail industries, remained relatively low. A majority of voluntary collective bargaining agreements, reached on a sector-by-sector basis, contained minimum compensation clauses. Authorities effectively enforced these contracts, and penalties were sufficient to deter violations. According to the most recent available statistics (2016), the poverty income level for a single person was 2,483 Swiss francs ($2,500) per month and 5,214 Swiss francs ($5,200) per month for a household of two adults and two children. Minimum wage agreements exceeded the poverty income level for a single person.

The law sets a maximum 45-hour workweek for blue- and white-collar workers in industry, services, and retail trades, and a 50-hour workweek for all other workers. The rules exclude certain professions, such as taxi drivers and medical doctors.

To protect worker health and safety, the law contains extensive provisions that are current and appropriate for the main industries. Workers can remove themselves from situations that endanger health or safety without jeopardy to their employment.

The Federal Department of Economic Affairs, Education, and Research and cantonal labor inspectorates effectively enforced laws relating to hours of work and occupational safety and health across all sectors including the informal economy. In 2017 the cantons inspected 11,971 businesses and 36,072 individuals. The ministry also oversees collective bargaining agreements. The number of labor inspectors was sufficient to enforce compliance.

The courts determined fines according to the personal and economic situation of the perpetrator at the time of sentencing.

Migrant workers in low-wage jobs were more likely to experience exploitative labor practices. During the year several local NGOs and international organizations, including the International Organization for Migration, expressed concern that authorities were not adequately addressing labor exploitation prevalent in the construction, hospitality, healthcare, and domestic-labor sectors.

Immigrants may work and have the same rights as other workers. There are no special provisions or requirements for noncitizen workers apart from having legal immigration status and a valid work permit. The government did not allow individuals without legal status or work permits to work. Individuals who obtained legal status could request a work permit. Asylum seekers usually were not allowed to work during the first three to six months after they had applied for asylum but in exceptional cases could work as self-employed.

In March 2017 the Federal Office for Health facilitated the establishment of a fund for assisting asbestos victims who had been diagnosed with cancer caused by workplace conditions dating to 2006. The fund was financed by voluntary industry contributions, including starting capital of six million Swiss francs ($6 million) and financial pledges of 24 million Swiss francs ($24 million).

Syria

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

Women

Rape and Domestic Violence: The law criminalizes rape and sexual assault of women, men, and children, but the government did not enforce the law effectively. Rape is punishable by imprisonment and hard labor of at least 15 years (at least nine years in mitigating circumstances), which is aggravated if the perpetrator is a government official, religious official, or has legitimate or actual authority over the victim; male rape is punishable by imprisonment up to three years. The law specifically excludes spousal rape, and it reduces or suspends punishment if the rapist marries the victim. The victim’s family sometimes agreed to this arrangement to avoid the social stigma attached to rape.

The UN Population Fund (UNFPA) and other UN agencies, NGOs, and media characterized rape and sexual violence as endemic, underreported, and uncontrolled in the country. Humanitarian organizations reported that women, men, and community leaders consistently identified sexual violence as a primary reason their families fled the country. In March the COI reported that government and progovernment forces regularly used rape and sexual violence to terrorize and punish women, men, and children perceived as associated with the opposition, as did terrorist groups such as HTS and ISIS. There were instances, comparatively far fewer, of armed opposition groups reportedly raping women and children. HTS and ISIS also reportedly forced women and girls into sexual slavery (see sections 1.a., 1.c., and 1.g.).

The law does not specifically prohibit domestic violence, but it stipulates that men may discipline their female relatives in a form permitted by general custom. According to a November 2017 UNFPA report, violence against women and children was pervasive and increasing due to conflict and the lack of economic opportunity for men. Victims did not report the vast majority of cases. Security forces consistently treated violence against women as a social rather than a criminal matter. Observers reported that when some abused women tried to file a police report, police did not investigate their reports thoroughly, if at all, and that in other cases police officers responded by abusing the women.

In previous years several domestic violence centers operated in Damascus; the Ministry of Social Affairs and Labor licensed them. Local NGOs reported, however, that many centers no longer operated due to the conflict. There were no known government-run services for women outside Damascus. According to local human rights organizations, local coordination committees and other opposition-related groups offered programming specifically for protection of women; NGOs did not integrate these programs throughout the country, and none reported reliable funding.

Other Harmful Traditional Practices: The law permits judges to reduce penalties for murder and assault if the defendant asserts an “honor” defense, which often occurred. The government kept no official statistics on use of this defense in murder and assault cases and reportedly rarely pursued prosecution of so-called honor crimes. There were no officially reported honor killings during the year, but UNFPA reported in November 2017 that honor killings increased since the onset of the crisis in 2011 due to increased sexual violence and lawlessness. For example, UNFPA cited an adolescent girl in Mare, Aleppo, whose friend reportedly was killed by her father when she returned after being kidnapped. To protect their daughters, UNFPA reported that many families arranged for them to marry earlier, leading to an increase in early and forced marriage. NGOs working with refugees reported families killed some rape victims inside the country, including those raped by government forces, for reasons of honor.

The terrorist groups ISIS and HTS permitted and committed so-called honor killings in territories under their control (see section 1.g.).

Sexual Harassment: The law prohibits discrimination in employment on the basis of gender but does not explicitly prohibit sexual harassment. The government did not enforce the law effectively. Sexual harassment was pervasive, uncontrolled, and increasing, according to a November 2017 report by UNFPA. For example, UNFPA cited an adolescent girl from Saraqab, Idlib, who said she formerly returned from university in Aleppo at night without any problems but that harassment of girls has spread, even in the daytime; her parents became worried and prevented her from leaving home.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization by the government, but previous reports from Iraq and NGOs such as Yazda and the Free Yezidi Foundation found that ISIS forced Yezidi women whom they had impregnated to have abortions. There were reports that ISIS transferred some Yezidi women captives from Iraq to Syria, and the COI reported in March that some ISIS fighters were seen fleeing Raqqa and Deir al-Zour in 2017 with women believed to be Yezidi captives (see section 1.g.).

Discrimination: Although the constitution provides for equality between men and women, the law does not provide for the same legal status and rights for women as for men. Criminal, family, religious, personal status, labor, nationality, inheritance, retirement, and social security laws discriminate against women.

For example, if a man and a woman separately commit the same criminal act of adultery, then by law the woman’s punishment is double that of the man’s. The law generally permits women to initiate divorce proceedings against their spouses, but the law does not entitle a divorced woman to alimony in some cases. Under the law a divorced mother loses the right to guardianship and physical custody of her sons when they reach age 13 and of her daughters at age 15, when guardianship transfers to the paternal side of the family. For Muslims in particular, personal status law discriminates against women. Church law governs personal status issues for Christians, in some cases barring divorce. Some personal status laws mirror sharia regardless of the religion of those involved in the case. While the constitution provides the “right of every citizen to earn his wage according to the nature and yield of the work,” the law does not explicitly stipulate equal pay for equal work. Women cannot pass citizenship to their children. The government’s interpretation of sharia is the basis of inheritance law for all citizens except Christians. Accordingly, courts usually granted Muslim women half of the inheritance share of male heirs. In all communities, male heirs must provide financial support to female relatives who inherit less. If they do not, women have the right to sue.

The law provides women and men equal rights in owning or managing land or other property, but cultural and religious norms impeded women’s property rights, especially in rural areas.

Before the conflict began, 13 percent of women participated in the formal labor force, compared with 73 percent of men. Both male and female employment participation decreased as violence and insecurity increased, (The International Labor Organization estimated female employment fell by slightly more than 1 percent while male employment fell by almost 3 percent from 2011 to 2017). UNFPA reported local female employment participation increased in Damascus, Raqqa, Daraa, and elsewhere since the need to support the family forced women to work because many men could no longer do so.

The Commission for Family Affairs, Ministry of Justice, and Ministry of Social Affairs and Labor shared responsibility for attempting to accord equal legal rights to women. Governmental involvement in civil rights claims, including cases against sexual discrimination, was stagnant, and most claims went unanswered.

Women participated in public life and in most professions, including the armed forces, although UNFPA reported that violence and lawlessness in many regions reduced women’s access to the public sphere. Various sources observed that women constituted a minority of lawyers, university professors, and other professions.

The terrorist groups ISIS and HTS reportedly placed similar discriminatory restrictions on women and girls in the territories they controlled. For example, in March the COI reported that HTS or ISIS or both: forced women and girls into marriage; imposed a dress code on women and girls; banned women and girls from wearing makeup; required that women and girls must be accompanied by a “mahram” or male member of their immediate family; forbade women from speaking with unrelated men or hosting men who were not their husband; forbade widows from living alone; banned women’s centers; banned meetings with mixed male and female participation; and segregated classrooms. Both ISIS and HTS maintained all-female police units to support the Hisbah in enforcing these regulations, sometimes violently, among women. Summary punishments for infractions ranged from corporal punishment such as lashing to execution.

Children

Birth Registration: Children derive citizenship solely from their father. In large areas of the country where civil registries were not functioning, authorities did not register births. The government did not register the births of Kurdish noncitizen residents, including stateless Kurds (see section 2.d., Stateless Persons). Failure to register resulted in deprivation of services, such as diplomas for high school-level studies, access to universities, access to formal employment, and civil documentation and protection.

Education: The government provided free public education to citizen children from primary school through university. Education is compulsory for all children between the ages of six and 12. Enrollment, attendance, and completion rates for boys and girls generally were comparable. Noncitizen children could also attend public schools at no cost but required permission from the Ministry of Education. While Palestinians and other noncitizens, including stateless Kurds, could generally send their children to school and universities, stateless Kurds were ineligible to receive a degree documenting their academic achievement.

The conflict and widespread destruction continued to hamper the ability of children to attend school. In June the Assistance Coordination Unit, a local NGO, reported that only 9 percent of the assessed functional schools provided upper secondary education, 36 percent offered lower secondary education, 56 percent offered primary education, and almost one-third of the assessed schools did not separate the various teaching levels.

The terrorist groups, ISIS and HTS, reportedly imposed their interpretation of sharia on schools and discriminated against girls in the territories they controlled. For example, in March the COI reported that HTS and ISIS: segregated classrooms by gender, dismissed students for dress code violations, imposed their curriculum on teachers, and closed private schools and educational centers. ISIS also banned several basic education subjects, such as chemistry and philosophy.

Child Abuse: The law does not specifically prohibit child abuse, but it stipulates that parents may discipline their children in a form permitted by general custom. According to a November 2017 UNFPA report, violence against children, especially girls, was pervasive and increasing due to conflict and the lack of economic opportunity for men.

There were reports of government and progovernment forces, as well as the terrorist groups HTS and ISIS, sexually assaulting, torturing, detaining, killing, and otherwise abusing children (see sections 1.a., 1.b., 1.c., and 1.g.). In July Urnammu reported extensively on such abuses.

The terrorist groups HTS and ISIS subjected children to extremely harsh punishment, including execution, in the territories they controlled (see section 1.g.).

Early and Forced Marriage: The legal age for marriage is 18 for men and 17 for women. A boy as young as 15 or a girl as young as 13 may marry if a judge deems both parties willing and “physically mature” and if the fathers or grandfathers of both parties consent. Early and forced marriages were increasingly common, as were abusive temporary marriages.

In November 2017 UNFPA reported early marriage had evolved from a cultural practice to an increasingly used coping mechanism during the war. Many families reportedly arranged marriages for girls, including at younger ages than pre-2011, believing that it would protect them and ease the financial burden on the family.

There were instances of early and forced marriage of girls to members of government, progovernment, and armed opposition forces.

In previous years ISIS abducted and sexually exploited Yezidi girls in Iraq and transported them to Syria for rape and forced marriage; many of those Yezidi women and girls remained captive during the year (see section 1.g. and section 6, Women). In March the COI reported that ISIS perceived unmarried women and girls older than the age of puberty as a threat to social order. As a result, from 2014 onwards, ISIS began to marry forcibly Sunni (also minority) girls and women living in territories under its control. Some of those forced to marry ISIS members were adults, including widows, but the vast majority of cases the COI documented revealed that girls between 12 and 16 years old were victims of forced marriage. Many women and girls reportedly were passed among multiple ISIS fighters, some as many as six or seven times within two years. HTS also reportedly forced Druze and other minority women and girls into marriage, as well as Sunni women and girls.

Sexual Exploitation of Children: The law stipulates penalties for those found guilty of certain forms of child abuse associated with trafficking crimes, including kidnapping and forced prostitution, both of which carry a penalty of up to three years in prison. The law considers child pornography a trafficking crime, but the punishment for child pornography was set at the local level with “appropriate penalties.” It was also unclear if there had been any prosecutions for child pornography or if authorities enforced the law.

The age of sexual consent by law is 15 with no close-in-age exemption. Premarital sex is illegal, but observers reported authorities did not enforce the law. Rape of a child under the age of 15 is punishable by not less than 21 years’ imprisonment and hard labor. There were no reports of government prosecution of child rape cases.

Child Soldiers: Several sources documented the continued unlawful recruitment and use of children in combat (see section 1.g.).

Displaced Children: There was a large population of IDP children and some refugee children as well. These children reportedly experienced increased vulnerability to abuses, including by armed forces (see sections 1.c., 1.g., and 2.d.).

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

Anti-Semitism

In 2016 NGOs estimated fewer than 20–perhaps fewer than 10–Jews remained in the country. The national school curriculum did not include materials on tolerance education or the Holocaust. There is no designation of religion on passports or national identity cards, except for Jews.

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 protects the rights of persons with disabilities, including their access to education, employment, health services, and other state services, but the government did not enforce these provisions effectively. The law prohibits discrimination against persons with disabilities and seeks to integrate them into the workforce, reserving 4 percent of government jobs and 2 percent of private-sector jobs for persons with disabilities. Private-sector businesses are eligible for tax exemptions after hiring persons with disabilities.

The Ministry of Social Affairs and Labor is responsible for assisting persons with disabilities, and it worked through dedicated charities and organizations to provide assistance. Authorities did not fully document the number of persons with disabilities, but the NGO Humanity and Inclusion (HI, formerly Handicap International) reported in April that 30,000 new conflict-related trauma cases per month were leading to thousands of permanent disabilities. According to the local NGO Syria Relief, persons with disabilities remained among the most hidden, neglected, and socially excluded of all displaced persons in the country. They reportedly were not often recognized or calculated in record-keeping and data-collection exercises, contributing to neglect.

The destruction of schools and hospitals, most often by government and progovernment forces, limited access to education and health services for persons with disabilities, but government and nongovernment social care institutes reportedly existed for blindness, deafness, cerebral palsy, and physical and intellectual disabilities. The government did not effectively work to provide access for persons with disabilities to information, communications, building, or transportation. In its November 2017 report, UNFPA detailed how educational institutions, early childcare centers, Quranic schools, and women’s centers often were easily accessible to community members with the exception of the elderly and persons with disabilities. UNFPA further stated that persons with disability were sometimes denied aid, as they could not access it, and some distribution centers required presence in person.

According to a 2017 report by the Syria Reliance Consortium of HI and other international NGOs, 50 percent of households surveyed, who counted a member with a disability, suffered from poor food consumption, compared with 34 percent for households without persons with a disability. In April HI reported that women and girls with disabilities were three times more likely to experience gender-based violence compared with nondisabled women. For example, in a November 2017 report, UNFPA cited the case of a young man in Sweida who lured and raped a disabled girl playing in the street by offering her candy. There was no indication that the government effectively investigated or punished those responsible for violence and abuses against persons with disabilities.

National/Racial/Ethnic Minorities

The government actively restricted national and ethnic minorities from conducting traditional, religious, and cultural activities. The Kurdish population–citizens and noncitizens–faced official and societal discrimination and repression as well as government-sponsored violence. Government and progovernment forces, as well as ISIS and armed opposition forces such as the Turkish-backed FSA, reportedly arrested, detained, tortured, killed, and otherwise abused numerous Kurdish activists and individuals, as well as members of the SDF, during the year (see section 1.g.).

The government continued to limit the use and teaching of the Kurdish language. It also restricted publication in Kurdish of books and other materials, Kurdish cultural expression, and at times the celebration of Kurdish festivals.

The Alawite community, to which Bashar Assad belongs, enjoyed privileged status throughout the government and dominated the state security apparatus and military leadership. Nevertheless, the government reportedly also targeted Alawite opposition activists for arbitrary arrest, torture, detention, and killing. Extremist opposition groups targeted Alawite communities on several occasions for their perceived progovernment stance.

In March the COI reported that armed opposition groups detained hundreds of women and girls belonging to minority groups, particularly Alawites, and used them as bargaining chips for initiating prisoner swaps with government and progovernment forces.

The terrorist groups ISIS and HTS violently oppressed and discriminated against all non-Sunni Arab ethnic minorities in the territories they controlled (see section 1.g.).

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

The law criminalizes consensual same-sex sexual conduct, defined as “carnal relations against the order of nature,” and punishable by imprisonment up to three years.

In previous years police used this charge to prosecute lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals. There were no reports of prosecutions under the law during the year, but NGO reports indicated the government arrested dozens of LGBTI persons since 2011 on charges such as abusing social values; selling, buying, or consuming illegal drugs; and organizing and promoting “obscene” parties. Local media and NGOs reported instances in which government and progovernment forces used accusations of homosexuality as a pretext to detain, arrest, torture, and kill civilians. The frequency of such instances was difficult to determine, since police rarely reported their rationale for arrests.

Although there were no known domestic NGOs focused on LGBTI matters, there were several online networking communities, including an online LGBTI-oriented magazine. Human rights activists reported there was overt societal discrimination based on sexual orientation and gender identity in all aspects of society.

The terrorist groups ISIS and HTS regularly detained, tortured, and killed LGBTI individuals in the territories they controlled (see section 1.g.). For example, in its March report, the COI described how in 2016 HTS predecessor Jabhat al-Nusra accused two men of being homosexuals, tied their hands behind their backs, announced the accusations of homosexuality over loudspeakers, and threw the two men from the third floor of a building in Sheikhoun, Idlib. Similarly, the COI reported that ISIS executed males, including boys raped by older men, on charges of sodomy and widely circulated videos of the executions to terrorize populations under their control. For example, in its March report, the COI reported that Hisbah belonging to ISIS arrested a teenage boy in Raqqa, charged him with sodomy, and threw him off a building.

HIV and AIDS Social Stigma

There were no reports of violence or discrimination against persons with HIV/AIDS, but human rights activists believed such cases were underreported and the UN Development Program (UNDP) noted that stigma affected access to health care. The Ministry of Health claimed in December 2017 there were 35 known cases of HIV/AIDS in the country, while UNDP estimated there were 450 persons with HIV/AIDS. The UNDP and the Global Fund to Fight AIDS, Tuberculosis, and Malaria assessed that the incapability of the health-care sector to identify newly infected persons or offer medical support in a hostile environment posed a major problem and added to the risk of further spread of the disease among the general population.

Other Societal Violence or Discrimination

Yezidis, Druze, Christians, and other religious minorities were subject to violence and discrimination by ISIS (see section 1.g.).

Section 7. Worker Rights

While the law provides for the right to form and join unions, conduct legal labor strikes, and bargain collectively, there were excessive restrictions on these rights. The law prohibits antiunion discrimination but also allows employers to fire workers at will.

The law requires all unions to belong to the government-affiliated General Federation of Trade Unions (GFTU). The law prohibits strikes involving more than 20 workers in certain sectors, including transportation and telecommunications, or strike actions resembling public demonstrations. Restrictions on freedom of association also included fines and prison sentences for illegal strikes.

The law requires that government representatives be part of the bargaining process in the public sector, and the Ministry of Social Affairs and Labor could object to, and refuse to register, any agreements concluded. The law and relevant labor protections do not apply to workers covered under civil service provisions, under which employees neither have nor considered to need collective bargaining rights. The law does not apply to foreign domestic servants, agricultural workers, NGO employees, or informal-sector workers. There are no legal protections for self-employed workers, although they constituted a significant proportion of the total workforce. Foreign workers may join the syndicate representing their profession but may not run for elected positions, with the exception of Palestinians, who may serve as elected officials in unions.

The government did not enforce applicable laws effectively or make any serious attempt to do so during the year. Penalties were not sufficient to deter violations.

The Baath Party dominated the GFTU, and Baath Party doctrine stipulates that its quasi-official constituent unions protect worker rights. The GFTU president was a senior member of the Baath Party, and he and his deputy could attend cabinet meetings on economic affairs. In previous years the GFTU controlled most aspects of union activity, including which sectors or industries could have unions. It also had the power to disband union governing bodies. Union elections were generally free of direct GFTU interference, but successful campaigns usually required membership in the Baath Party. Because of the GFTU’s close ties to the government, the right to bargain collectively did not exist in practical terms. Although the law provides for collective bargaining in the private sector, past government repression dissuaded most workers from exercising this right.

There was little information available on employer practices with regard to antiunion discrimination. Unrest and economic decline during the year caused many workers to lose their private-sector jobs, giving employers the stronger hand in disputes.

The law does not prohibit all forms of forced or compulsory labor, and such practices existed. The Syrian Penal Code does not define forced labor. The code states, “Those sentenced to forced labor will be strictly required to do work with difficulty on par with their sex, age, and may be inside or outside of the prison.” The Penal Code allows for forced labor as a mandatory or optional sentence for numerous crimes, such as treason. Authorities may sentence convicted prisoners to hard labor, although according to the International Labor Organization, authorities seldom enforced such a sentence. There was little information available on government efforts to enforce relevant laws during the year or on the effectiveness of penalties to deter violations.

Terrorist groups, including ISIS and HTS, reportedly forced, coerced, or fraudulently recruited some foreigners, including migrants from Central Asia, children, and western women to join them. Thousands of Yezidi women and girl captives of ISIS remained missing and were presumed to have served as sex slaves and in domestic servitude (see section 1.g.).

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

The law provides for the protection of children from exploitation in the workplace and prohibits the worst forms of child labor. There was little publicly available information on enforcement of child labor law. The government generally did not make significant efforts to enforce laws that prevent or eliminate child labor. Independent information and audits regarding government enforcement were not available. The minimum age for most types of nonagricultural labor is 15 or the completion of elementary schooling, whichever occurs first, and the minimum age for employment in industries with heavy work is 17. Parental permission is required for children younger than age 16 to work. Children younger than age 18 may work no more than six hours a day and may not work overtime or during night shifts, weekends, or on official holidays. The law specifies that authorities should apply “appropriate penalties” to violators. Restrictions on child labor do not apply to those who work in family businesses and do not receive a salary.

Child labor occurred in the country in both informal sectors, such as begging, domestic work, and agriculture, as well as in positions related to the conflict, such as lookouts, spies, and informants. Conflict-related work subjected children to significant dangers of retaliation and violence.

Various forces, particularly terrorist groups and government-aligned groups, continued to recruit and use child soldiers (see section 1.g.).

Organized begging rings continued to subject children displaced within the country to forced labor. In October UNICEF reported that 5.3 million children were in need of humanitarian assistance. As of October UNICEF also reported that fighting destroyed, damaged, or occupied one in every three schools; 1.75 million children were out of school (more than 2.6 million Syrian children, including refugees and others in the diaspora); another 1.35 million were at risk for leaving school.

d. Discrimination with Respect to Employment and Occupation

The constitution does not address discrimination based on sexual orientation, age, or HIV-positive status. Since the law criminalizes homosexuality, many persons faced discrimination due to their sexual orientation. Discrimination against persons with disabilities occurred in hiring and access to worksites. Discrimination in employment and occupation occurred with respect to certain minority groups (see section 6, National/Racial/Ethnic Minorities).

The law divides the public-sector monthly minimum wage into five levels based on job type or level of education, almost all of which fell below the World Bank’s poverty indicator of almost 1,000 Syrian pounds ($1.90) per day. Benefits included compensation for meals, uniforms, and transportation. Most public-sector employees relied on bribery to supplement their income. Private-sector companies usually paid much higher wages, with lower-end wage rates semi-officially set by the government and employer organizations. Many workers in the public and private sectors took additional manual jobs or relied on their extended families to support them.

The public-sector workweek was 35 hours, and the standard private-sector workweek was 40 hours, excluding meals and rest breaks. Hours of work could increase or decrease based on the industry and associated health hazards. The law provides for at least one meal or rest break totaling no less than one hour per day. Employers must schedule hours of work and rest such that workers do not work more than five consecutive hours or 10 hours per day in total. Employers must provide premium pay for overtime work.

The government set occupational safety and health standards. The law includes provisions mandating that employers take appropriate precautions to protect workers from hazards inherent to the nature of work. The law does not protect workers who chose to remove themselves from situations that endanger their health or safety from losing their employment.

The Ministry of Social Affairs and Labor is responsible for enforcing the minimum wage and other regulations pertaining to acceptable conditions of work. The Ministries of Health and of Social Affairs and Labor designated officials to inspect worksites for compliance with health and safety standards. Workers could lodge complaints about health and safety conditions with special committees established to adjudicate such cases. Wage and hour regulations as well as occupational health and safety rules do not apply to migrant workers, rendering them more vulnerable to abuse.

There was little information on government enforcement of labor law or working conditions during the year. There were no health and safety inspections reported, and even previous routine inspections of tourist facilities such as hotels and major restaurants no longer occurred. The enforcement of labor law was lax in both rural and urban areas, since many inspector positions were vacant due to the violence, and their number was insufficient to cover more than 10,000 workplaces. Penalties were not sufficient to deter violations.

Foreign workers, especially domestic workers, remained vulnerable to exploitative conditions. For example, the law does not legally entitle foreign female domestic workers to the same wages as Syrian domestic workers. The Ministry of Social Affairs and Labor is in charge of regulating employment agencies responsible for providing safe working conditions for migrant domestic workers, but the scope of oversight was unknown. The continued unrest resulted in the large-scale voluntary departure of foreign workers as demand for services significantly declined, but violence and lawlessness impeded some foreign workers from leaving the country.

Taiwan

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

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and domestic violence and provides protection for rape survivors. Rape trials are not open to the public unless the victim consents. Amendments to the Sexual Assault Crime Prevention Act stipulate that experts will assist in questioning and appear in court as witnesses when rape victims are minors or mentally disabled, and they authorize the use of one-way mirrors, video conferencing, or other practices to protect victims during questioning and at trial. The law permits a charge of rape even if the victim chooses not to press charges and allows prosecutors to investigate complaints of domestic violence even if the victim has not filed a formal complaint.

The law establishes the punishment for rape as a minimum of five years’ imprisonment, and courts usually sentenced individuals convicted of rape to five to 10 years in prison. Courts typically sentenced individuals convicted in domestic violence cases to less than six months in prison.

In August the Supreme Court upheld a jail sentence of 39 years and two months for Justin Lee, the son of a wealthy banking tycoon. Lee was accused of drugging and sexually assaulting multiple women and filming sex acts with them between 2009 and 2011.

Many victims did not report the crime for fear of social stigmatization, and various nongovernmental organization (NGO) and academic studies estimated the total number of sexual assaults was seven to 10 times higher than the number reported to police. Some abused women chose not to report incidents to police due to social pressure not to disgrace their families.

The law requires all cities and counties to establish violence prevention and control centers to address domestic and sexual violence, child abuse, and elder abuse.

Sexual Harassment: The law prohibits sexual harassment (see section 7.d.). In most cases, perpetrators were required to attend classes on gender equality and counseling sessions, and when the victims agreed, to apologize to the victims.

Incidents of sexual harassment were reportedly on the rise in public spaces, schools, the legislature, and in the government.

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

Discrimination: The law provides the same legal status and rights for women as for men. Women experienced some discrimination in employment (see section 7.d.).

Children

Birth Registration: Citizenship is derived from that of either parent. Births must be registered within 60 days; failure to do so results in the denial of national health care and education benefits. Registration is not denied on a discriminatory basis.

Child Abuse: The law stipulates that persons learning of cases of child abuse or neglect must notify police or welfare authorities. An official 24-hour hotline accepted complaints of child abuse and offered counseling. Courts are required to appoint guardians for children of parents deemed unfit. In light of increasing child abuse cases in childcare centers, the legislature amended the Early Childhood Education and Care Act in May, imposing tougher punishments. Childcare center owners and teachers who physically abuse or sexually harass children may be fined between NT$60,000 and NT$500,000 ($1,950 and $16,300), and the names of perpetrators and their institutions will be made public. Owners who fail to verify the qualifications of teachers and employees face a maximum fine of NT$250,000 ($8,140).

Children’s rights advocates called on medical professionals to pay attention to rising numbers of infants and young children sent to hospitals with unusual injuries and to take the initiative to report suspected abuse to law enforcement while treating these children. Advocates also called attention to growing numbers of bullying, violence, and sexual assault cases at correctional institutions, while pointing out that these facilities were usually understaffed and their personnel were inadequately trained to counsel and manage teenage inmates.

Central and local authorities coordinated with private organizations to identify and assist high-risk children and families and to increase public awareness of child abuse and domestic violence.

Early and Forced Marriage: The legal minimum age of marriage is 18 years for men and 16 for women.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and child pornography. In November 2017 lawmakers amended the Child and Youth Sexual Exploitation Prevention Act (CYSEPA) to stiffen penalties against child pornographers. The amendment stipulates that a perpetrator who films an underage person engaging in sexual intercourse or obscene acts or produces pictures, photographs, films, videotapes, compact discs, electronic signals, or other objects that show an underage person engaging in sexual intercourse or obscene acts, shall be subject to imprisonment for between one and seven years, and could face a maximum fine of NT$1.0 million ($32,600). Prior to the amendment, the CYSEPA prescribed prison sentences ranging from six months to five years, and the maximum fine was NT$500,000 ($16,300).

The minimum age for consensual sexual relations is 16 years. Persons who engage in sex with children younger than 14 face sentences of three to 10 years in prison. Those who engage in sex with minors between 14 and 16 receive a mandatory prison sentence of three to seven years. Solicitors of sex with minors older than 16 but younger than 18 face a maximum of one year in prison or hard labor or a maximum fine of NT$3.0 million ($97,700).

While authorities generally enforced the law domestically, elements of the law that treat possession of child pornography as a misdemeanor rather than a felony hampered enforcement in some cases. Authorities also did not investigate or prosecute any cases of child sexual exploitation committed by citizens while traveling abroad, although the law permits this.

In February police arrested two men in connection with an international child pornography distribution ring. Police uncovered mobile hard drives that contained an estimated 2,500 pornographic videos of minors, including infants. The suspects face charges of violating the CYSEPA.

NGOs raised concerns about online sexual exploitation of children and reported that sex offenders increasingly used cell phones, web cameras, live streaming, apps, and other new technologies to deceive and coerce underage girls and boys into sexual activity.

There were reports of minors in prostitution.

International Child Abductions: Due to its unique political status, Taiwan is not eligible to become a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

The Jewish community was very small, estimated at 1,000 individuals who meet regularly, and consisted predominately of foreign residents. 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 prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law stipulates that authorities must provide services and programs to persons with disabilities. Persons with disabilities have the right to vote and participate in civic affairs. Taiwan has incorporated the terms of the UN Convention on the Rights of Persons with Disabilities into its laws.

Authorities enacted and made efforts to implement laws and programs to provide access to buildings, information, and communications. NGOs contended the lack of barrier-free spaces and accessible transportation systems continued to limit civic engagement by persons with disabilities, particularly outside Taipei. A prominent NGO leader, however, spoke positively about notable improvements in transportation during the year, such as the increase of low-floor buses across Taiwan, especially in Taoyuan City. Citing Taoyuan as an example, the advocate encouraged local governments proactively to put forward proposals and solicit subsidies from central authorities to improve the accessibility of transportation networks and other facilities.

Most children with disabilities attended mainstream schools, but separate primary, secondary, and vocational schools were also available for students with disabilities. NGOs asserted that services for students with disabilities remained largely inadequate.

There were occasional reports of sexual assaults against persons with disabilities in educational and mental health facilities. In May a nurse at a center for persons with mental disabilities in Hualien County uncovered evidence that a senior administrator at the center had molested or sexually assaulted at least four female residents and that the center had tried to cover up the abuses. The nurse reported the case to the Hualien Social Affairs Department and police. The perpetrator, surnamed Chang, was suspended from his position and was under investigation for aggravated sexual assault and abuse of authority.

National/Racial/Ethnic Minorities

As of July spouses born in Indonesia, the Philippines, Thailand, Vietnam, and the PRC accounted for approximately 1 percent of the population. Foreign and PRC-born spouses were reportedly targets of social discrimination outside and, at times, inside the home.

The Nationality Act allows non-PRC-born foreign spouses of Taiwan passport holders to apply for Taiwan residency after three years, while PRC-born spouses must wait six years. Unlike non-PRC spouses, however, PRC-born spouses may work in Taiwan immediately on arrival. The status and rights of PRC-born spouses are governed by the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area.

Indigenous People

Authorities officially recognize 16 indigenous tribes, accounting for approximately 2.3 percent of the population. The law provides indigenous people equal civil and political rights and stipulates that authorities should provide resources to help indigenous groups develop a system of self-governance, formulate policies to protect their basic rights, and promote the preservation and development of their languages and cultures.

Following President Tsai’s 2016 formal apology to Taiwan’s indigenous peoples for past injustices, her office set up an Indigenous Historical Justice and Transitional Justice Commission led by the president. The Executive Yuan convened the Indigenous Peoples Basic Law Promotion Committee and released annual reports on progress in addressing historical injustices.

The Indigenous Languages Development Act of 2017 designates the languages of Taiwan’s 16 indigenous tribes as national languages and entitles indigenous peoples to use their languages in official settings. The act follows the Indigenous Peoples Basic Law of 2005 and the Indigenous Traditional Intellectual Creations Protection Act of 2007. As part of a pilot program, authorities established a number of schools designed exclusively for indigenous children to ensure that they grow up in their native cultural and linguistic environment.

In March the Legal Aid Foundation funded by the Judicial Yuan launched Taiwan’s first indigenous legal service center in Hualian to provide legal assistance to indigenous persons.

In 2017 the Executive Yuan’s Council of Indigenous Peoples announced guidelines on the delineation of government-owned traditional indigenous territories. Indigenous rights advocates argued that a large amount of indigenous land was seized and privatized decades ago and that the exclusion deprived indigenous communities of the rights to participate in the development of these traditional territories.

Existing law stipulates that authorities and the private sector should consult with indigenous people and obtain their consent to or participation in, as well as share with them the benefits of, land development, resource utilization, ecology conservation, and academic research in indigenous areas. There are, however, no regulations in place for obtaining this consent with respect to private land.

Indigenous people participated in decisions affecting their land through the political process. The law sets aside six of the 113 seats in the legislature for indigenous tribal representatives elected by indigenous voters. In addition to the six legislators, the current Legislative Yuan has two indigenous legislators elected on proportional representation party lists.

Indigenous rights advocates protested the 2017 20-year renewal of permits for the Asia Cement Corporation’s mining operations near a Truku community in Hualien County. They criticized the Indigenous Historical Justice and Transitional Justice Committee for failing to protect indigenous land rights. The Bureau of Mines renewed the permit without the consent of the Truku community. The original permit expired in November 2017.

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

The law stipulates that employers cannot discriminate against job seekers based on sexual orientation and prohibits schools from discriminating against students based on their gender expression, gender identity, or sexual orientation.

In June the Control Yuan reprimanded the Ministry of Health and Welfare and the Ministry of the Interior for ignoring intersex people and failing to protect their right to health. The Control Yuan pointed out that parents may be pressured to allow intersex infants to undergo “normalizing” surgery because of insufficient medical guidelines and pressure on parents to register their child’s gender at birth. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced discrimination in accessing sensitive health services, and the Control Yuan found the lack of accessible care a violation of the principle of equality.

Activists for LGBTI rights said discrimination against LGBTI persons was more widespread than suggested by the number of court cases, due to victims’ reluctance to lodge formal complaints. Reported instances of violence against LGBTI individuals were rare, and the police response was adequate.

HIV and AIDS Social Stigma

The law prohibits potential employers from requesting health examination reports from job candidates to prove they do not have HIV or other communicable diseases. There was reported discrimination, including employment discrimination, against persons with HIV/AIDS (see section 7.d.).

Section 7. Worker Rights

The law provides for the right of workers to form and join independent unions, conduct strikes, and bargain collectively. Teachers may form unions and federations. The law allows foreign workers to form and join unions and to serve as union officers. The law prohibits discrimination, dismissal, or other unfair treatment of workers for union-related activities and requires reinstatement of workers fired for trade union activity. Employees hired through dispatching agencies (i.e., temporary workers) do not have the right to organize and bargain collectively in the enterprises where they work.

According to the law, there are three types of unions: enterprise unions, industrial unions, and professional unions. Enterprise unions are responsible for negotiating the immediate labor rights and entitlements of enterprise-level “collective agreements.” A minimum of 30 members is required to form an enterprise union; there may only be one union per enterprise. Employees in companies with fewer than 30 workers may only join a professional union or an industrial union to exercise their rights. Industrial unions help to link workers in the same industry. Professional unions are geographically constrained within municipal boundaries.

The right to strike remained highly regulated. Teachers, civil servants, and defense industry employees do not have the right to strike. Workers in industries such as utilities, hospital services, and telecommunication service providers are allowed to strike only if they maintain basic services during the strike. Authorities may prohibit, limit, or break up a strike during a disaster. For all workers, the law divides labor disputes into “rights disputes” and “adjustment disputes.” Workers are allowed to strike only in adjustment disputes, which include issues such as compensation and working schedules. The law forbids strikes in rights disputes related to violations of collective agreements and employment contracts.

The law requires mediation of labor disputes when authorities deem them sufficiently serious or involving unfair practices. Most labor disputes involved wage and severance issues. Local labor authorities were the usual venue to settle disputes by either mediation or arbitration. Arbitration generally took between 45 and 79 working days to finalize, which was too lengthy for cases requiring urgent remedies. The law prohibits labor and management from conducting strikes or other acts of protest during conciliation or arbitration proceedings. Labor organizations said this prohibition impeded workers’ ability to exercise their right to strike.

The Ministry of Labor oversees implementation and enforcement of labor laws, in coordination with local labor affairs bureaus. Authorities effectively enforced laws providing for the freedom of association and collective bargaining. A labor ministry arbitration committee reviewed cases of enterprises using discriminatory or improper action to repress union leaders and their activities, and authorities subjected violators to fines. Such fines, however, generally were not sufficient to deter violations. For example, before the acquisition of TC Bank with a strong enterprise union in December 2017, Yuanta-Polaris Bank established its own enterprise union in an attempt to outnumber those in TC Bank’s union. In July the Ministry of Labor ruled that this was an “unfair labor practice” in violation of the law. The bank would have to pay a negligible penalty of $968 to $4,840, creating a weak deterrence effect for future cases.

Labor union density (the percentage of labor registered in a union as a proportion of overall labor) in Taiwan remained low at 7.6 percent, significantly below the Organization for Economic Cooperation and Development average of 17 percent. Restrictions on the minimum number of employees needed to form a union disqualified the 78.2 percent of employees who work for small and medium sized enterprises from being able to unionize in enterprise level unions. Large enterprises frequently made it more difficult for employees to organize an enterprise union through methods such as blacklisting the union organizers from promotion eligibility or relocating them into other work divisions. These methods were particularly common in the technology sector. For example, there was only one enterprise union in the entire Hsinchu Science Park. With the exception of the banking industry, industrial unions were also underdeveloped.

Collective agreement was encouraged by the authorities to provide better terms and conditions than the law stipulates. For example, the High Speed Rail Trade Union successfully negotiated and took back their overtime payments through collective bargaining.

Professional unions have grown more influential in collective bargaining. For example, following the successful strike of the 2016 Taoyuan Flight Attendants professional union, in August the Taoyuan pilot professional union leveraged the threat of a possible strike in exchange for a one-year negotiation with both China Airlines and Eva Air for better treatment of pilots.

The law prohibits all forms of forced or compulsory labor. The law prescribes penalties for forced labor, and the government effectively enforced the law, but courts delivered light sentences or fines in most forced labor convictions. Such penalties were inadequate to serve as an effective deterrent. Authorities continued public-awareness campaigns, including disseminating worker-education pamphlets, operating foreign-worker hotlines, and offering Ministry of Education programs on labor trafficking as part of the broader human rights curriculum. According to the National Immigration Agency, there were 25 cases of forced labor and only one individual was convicted for forced labor in the first six months of the year. In 2017 authorities established a workers’ protection taskforce under the Executive Yuan’s platform for preventing human trafficking (also see section 7.e.).

Labor laws do not cover domestic household workers, leaving them vulnerable to labor exploitation. Forced labor occurred in such sectors as domestic services, fishing, farming, manufacturing, and construction. Foreign workers were most susceptible to forced labor, especially when serving as crew members on Taiwan-flagged fishing vessels. Some labor brokers charged foreign workers exorbitant recruitment fees and used debts incurred from these fees in the source country as tools of coercion to subject the workers to debt bondage (see section 7.e.). In 2017 authorities investigated and concluded 121 cases of illegal brokerage activities but imposed only negligible penalties of NT$60,000 to NT$300,000 ($1,950 to $9,770) and did not file criminal charges. Authorities ordered 11 of these brokers to terminate business operations; however, there was no legal prohibition against reopening one’s businesses through a proxy that registers as a new company.

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

The law prohibits work by children younger than 15 years without approval from the appropriate authorities after an evaluation of the nature of the work to be performed, the working environment, and other factors. The law prohibits children younger than 18 years from doing heavy or hazardous work. Working hours for children are limited to eight hours per day, and children may not work overtime or on night shifts.

County and city labor bureaus effectively enforced minimum age laws by ensuring the implementation of compulsory education. Employers who violate minimum age laws face a prison sentence, fines, or both, which was sufficient to deter violations.

There were some reports of commercial sexual exploitation of children (see section 6, Children).

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation. The law prohibits potential employers from requesting medical reports from job candidates to prove they do not have HIV or other communicable diseases. The law forbids termination of employment because of pregnancy or marriage.

Workers who encounter discrimination can file complaints with two independent committees composed of scholars, experts, and officials in city and county departments of labor affairs. Local labor affairs bureaus are empowered to intervene and investigate complaints of employment discrimination. Authorities enforced decisions made by those committees. Employers can appeal rulings to the Ministry of Labor and the Administrative Court.

Latest available statistics showed that among the 214 sex discrimination cases reported in 2016, the majority were forced resignation due to pregnancies. There were 146 sexual harassment cases and 135 unfair treatment or work equality cases. Scholars said these numbers significantly understated the problem due to workers’ fear of retaliation from employers and difficulties in finding new employment if the worker has a history of making complaints.

Studies conducted by a women’s NGO and Cheers Magazine found women were promoted less frequently, occupied fewer management positions, and worked for lower pay than men. According to a survey by the Ministry of Finance, the median monthly income for women was NT$30,685 ($1,000), earning on average 77 percent of the amount their male counterparts earned in 2017.

Persons with “minor” disabilities who have not applied for proof of disability from the government are nonetheless protected against employment discrimination. The Ministry of Labor imposes fines of between NT$300,000 and NT$1.5 million ($9,770 and $48,900) on employers who discriminate against this category of disabled workers or job seekers.

The law requires 3 percent of the workforce in the public sector and 1 percent of the workforce in the private sector to be persons with disabilities. As of March, 4.4 percent of the public-sector workforce were persons with disabilities; the private sector continued to fall short of the regulated target. The unemployment rate for persons with disabilities was three times higher than that for persons without disabilities.

A new minimum wage of NT$23,109 ($758) per month, or NT$150 ($4.86) per hour, takes effect in January 2019, benefiting around 1.82 million domestic workers and 438,000 foreign workers. There is no minimum wage for workers in categories not covered by the law, such as management employees, medical doctors, healthcare workers, gardeners, bodyguards, self-employed lawyers, civil servants, contractors for local authorities, and domestic household workers.

The Ministry of Health and Welfare defined the poverty level as 60 percent below the average monthly disposable income of the median household in a designated area. By this definition, the poverty level was a disposable monthly income of NT$16,157 ($526) per person in Taipei, NT$14,385 ($469) per person in New Taipei City, NT$13,813 ($450) per person in Taichung, NT$12,941 ($421) per person in Kaohsiung, and NT$12,388 ($404) per person in all other areas.

A new amendment on working conditions came into force on March 1. Consistent with amendments passed in 2017, the new amendment stipulated working hours of eight hours per day and 40 hours per week, but it raised the overtime work limit from 46 hours per month to 54 hours per month. In addition, the new amendment reduced the mandatory rest interval for shift work from 11 hours to eight hours in certain sectors, provoking concerns over labor health and safety issues. The amendment likewise loosened the restriction on the number of consecutive working days from a maximum of six days in one week to 12 days in two weeks. These amendments were widely criticized by union members and academics as a step backwards in the regulated general labor conditions in Taiwan. Owners of small-to-medium sized enterprises, by contrast, generally praised the amendments for having introduced much-needed flexibility into the law. Employees in the “authorized special categories” approved by the Ministry of Labor are exempt from regular working hours stipulated in the law. These categories include security guards, flight attendants, insurance salespersons, real estate agents, nursery school teachers, ambulance drivers, and hospital workers.

Religious leaders continued to raise concerns that the law did not guarantee a day off for domestic workers and caregivers, which limited their ability to attend religious services. This problem was particularly salient among the 231,000 foreign caregivers and household workers, predominantly from Indonesia and the Philippines, who include a number of Muslims and Christians who want to or believe they must attend religious services on a certain day of the week.

The law provides for occupational safety and health standards that are appropriate for the main industries in the country. Employers are not subject to criminal charges when their employees are involved in fatal accidents due to unsafe working conditions.

Labor inspections conducted by local governments and specified agencies are regulated by the labor inspection law; but due to relatively weak enforcement, labor inspections often failed to serve as an effective deterrent against labor violations and unsafe working conditions. Authorities can fine employers and withdraw their hiring privileges for violations of the law, and the law mandates publicizing the names of offending companies. There were only 40,282 inspections in 2017, down 40 percent compared to 67,194 inspections in 2016. In particular, the Occupational Safety and Health Administration under the Ministry of Labor, which has the most trained inspectors, reduced the number of inspections it conducted by 89 percent to only 1,578 in 2017. As a result, the inspection rate dropped below 10 percent of all companies.

Among the 8,324 cases of labor violations in 2017, authorities brought only seven to the district prosecutor’s office, and the rest received only nominal fines. A Control Yuan investigation report showed some inspectors worked 50 to 70 hours overtime per month but received only 20 hours of overtime pay. A shortage of inspectors and the ineffectiveness of inspections were deemed the primary causes of these violations.

The Ministry of Labor operated a Foreign Worker Direct Hire Service Center and an online platform to allow employers to hire foreign workers without using a broker. The Taiwan International Workers’ Association maintained, however, that red tape in the system continued to enable brokers to exploit profits from foreign workers and prevented the Service Center from achieving widespread implementation. Regulations require inspection and oversight of foreign labor brokerage companies. The Ministry of Labor may also permit foreign workers’ transfer to new employers in cases of exploitation or abuse. Authorities also introduced several measures to reduce such exploitation. For example, authorities eliminated the requirement that foreign workers leave Taiwan every three years between re-employment contracts.

The government maintained a 24-hour toll-free “1955” hotline service in five languages (Mandarin, English, Indonesian, Thai, and Vietnamese) available for all foreign workers to obtain free legal advice, request urgent relocation and protection, report abuse by employers, file complaints about delayed salary payments, and all other general inquiries. All reporting cases are registered in the system for law enforcement to track and intervene if necessary. The hotline helped 6,028 foreign workers to reclaim a total of NT$161 million ($5.24 million) in salary payments in 2017. Foreign workers’ associations maintained that in spite of the existence of the hotline and authorities’ record of effective response, foreign workers often were reluctant to report employer abuses for fear the employer would terminate the contract and deport them, leaving them unable to reimburse debt accrued during the recruitment process.

The approximately 600,000 foreign workers, primarily from Indonesia, the Philippines, Thailand, and Vietnam, were vulnerable to exploitation. Foreign workers generally faced exploitation and incurred significant debt burdens during the recruitment process due to excessive brokerage fees, guarantee deposits, and higher charges for flights and accommodations. Locally operated service centers, to brief foreign workers on arrival, maintained a hotline for complaints and assistance and funded and operated shelters to protect abused workers. Brokerage agencies often required workers to take out loans for “training” and other fees at local branches of Taiwan banks in their home countries at high interest rates, leaving them vulnerable to debt bondage. NGOs reported that the monthly take-home pay of some domestic workers was as low as 6.7 percent of the official poverty level.

Mistreatment and poor working conditions for foreign fishermen remained common. Foreign fishermen recruited offshore were not entitled to the same labor rights, wages, insurance, and pensions as those recruited locally. For example, the Control Yuan issued a “correction verdict” to the Fisheries Agency and the Kaohsiung City Marine Bureau for their mismanagement and inaction when it became aware that 37 foreign fishing crews were living in a 645 square-foot shore house and were charged NT$300 ($9.77) per day to reside there.

It was widely reported that the operators of Taiwan’s fishing vessel Fuh Sheng 11 subjected their Indonesian crewmembers to inhuman treatment. Regulations only require a minimum monthly wage of $450 for foreign fishermen, significantly below the minimum wage on the island. Moreover, NGOs reported that foreign fishing crews on Taiwan-flagged long-haul vessels generally received wages below $450 per month because of dubious deductions for administrative fees and deposits. Several NGOs, including Greenpeace and the Taiwan International Workers Association, advocated for the abolishment of a separate hiring system for foreign fishermen. In response, the Fisheries Agency dispatched six officers to the United States, Samoa, Mauritius, Fiji, Palau, South Africa (Cape Town), and Marshall Islands to monitor labor conditions on Taiwan-flagged long-haul fishing vessels when they dock at these ports. These residential officers used a multilingual questionnaire to interview foreign fishermen and examine their labor conditions on board.

The freight and passenger transportation industries saw higher than average accident rates among drivers working overtime. Their employers were not subject to criminal charges or required to pay compensation related to these incidents and often sought to transfer legal liability from the company to the employee. For example, Taoyuan Bus Company asked all drivers to sign preemptively a self-declaration of full liability for any traffic accident that occurs while they are driving, which raised questions about the legality of such a document.

Tajikistan

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

Women

Rape and Domestic Violence: The law prohibits rape, which is punishable by up to 20 years’ imprisonment. There was no separate statute for spousal rape. Law enforcement officials usually advised women not to file charges but registered cases at the victim’s insistence. Most observers believed the majority of cases were unreported because victims wished to avoid humiliation.

Domestic violence does not have its own statute in the criminal code. Violence against women, including spousal abuse, remained a widespread problem. Women underreported violence against them due to fear of reprisal or inadequate response by police and the judiciary, resulting in virtual impunity for the perpetrators. Authorities wishing to promote traditional gender roles widely dismissed domestic violence as a “family matter.”

The government Committee for Women’s Affairs had limited resources to assist domestic violence victims, but local committee representatives referred women to crisis shelters for assistance.

In 2016 the government adopted official guidelines for the Ministry of Internal Affairs on how to refer and register cases of domestic violence, while not having a particular criminal statute to draw from to do so. Domestic violence incidents were registered under general violence and hooliganism, with a special notation in paperwork indicating a distinction for domestic violence.

Authorities seldom investigated reported cases of domestic violence, and they prosecuted few alleged perpetrators. The Ministry of Internal Affairs is authorized to issue administrative restraining orders, but police often gave only warnings, short-term detentions, or fines for committing “administrative offenses” in cases of domestic violence.

Sexual Harassment: No specific statute bans sexual harassment in the workplace. Victims often did not report incidents because of fear of social stigma. Women reporting sexual harassment faced retaliation from their employers as well as scrutiny from their families and communities.

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

Discrimination: Although the law provides for men and women to receive equal pay for equal work, cultural barriers restricted women’s professional opportunities. The law protects women’s rights in marriage and family matters, but families often pressured female minors to marry against their will. Religious marriages were common substitutes for civil marriages, due to the high marriage registration fees associated with civil marriages and the power afforded men under religious law.

The Council of Ulema fatwa prohibiting Hanafi Sunni women–constituting the vast majority of the female population–from praying in mosques remained in effect. Religious ceremonies also made polygyny possible, despite the illegality of the practice. NGOs estimated that up to 10 percent of men practiced polygyny. Many of these polygynous marriages involved underage brides. Unofficial second and third marriages were increasingly common, with neither the wives nor their children having legal standing or rights.

Children

Birth Registration: Children derive citizenship by birth within the country’s territory or from their parents. There were no reports of birth registration being denied or not provided on a discriminatory basis. The government is required to register all births.

Education: Free and universal public education is compulsory until age 16 or completion of the ninth grade. UNICEF reported that school attendance generally was good through the primary grades, but girls faced disadvantages as parents often give priority in education to their sons whom they regard as future breadwinners.

Child Abuse: The Committee on Women and Family Affairs and regional child rights protection departments are responsible for addressing problems of violence against children. In 2016 the government established the Office of the Ombudsman on Children’s Rights.

Early and Forced Marriage: The legal minimum age for marriage of men and women is 18 years. Under exceptional circumstances, which a judge must determine, such as in the case of pregnancy, a couple may also apply to a court to lower the marriageable age to 17. Underage religious marriage was more widespread in rural areas.

The law expressly prohibits forced marriages of girls under age 18 or entering into a marriage contract with a girl under 18. Early marriage carries a fine or prison sentence of up to six months, while forced marriage is punishable by up to five years’ imprisonment. Because couples may not register a marriage where one of the would-be spouses is under age 18, many simply have a local religious leader perform the wedding ceremony. Without a civil registration certificate, the bride has few legal rights.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and child pornography; however, inconsistent with international law, article 130.1 required a demonstration of force, fraud, or coercion to constitute a child sex trafficking offense and therefore did not criminalize all forms of child sex trafficking. The minimum age of consensual sex is 16 years. According to an NGO working with victims of domestic violence, sexual exploitation, and sex trafficking, there were several cases in which family members or third parties forced children into prostitution in nightclubs and in private homes.

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

Anti-Semitism

There were no reports of anti-Semitic acts. The small Jewish community had a place of worship and faced no overt pressure from the government or other societal pressures. Emigration to other countries continued.

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 on social protection of persons with disabilities applies to individuals having physical or mental disabilities, including sensory and developmental disabilities. The law prohibits discrimination against persons with disabilities in employment, education, access to health care, and provision of other state services, but public and private institutions generally did not commit resources to implement the law. The law requires government buildings, schools, hospitals, and transportation, including air travel, to be accessible to persons with disabilities, but the government did not enforce these provisions.

Many children with disabilities were not able to attend school because doctors did not deem them “medically fit.” Children deemed “medically unfit” were segregated into special state-run schools specifically for persons with physical and mental disabilities. Doctors decided which subjects students were capable of studying, and directors of state-run schools could change the requirements for students to pass to the next grade at their discretion.

The government charges the Commission on Fulfillment of International Human Rights, the Society of Invalids, and local and regional governmental structures with protecting the rights of persons with disabilities. Although the government maintained group living and medical facilities for persons with disabilities, funding was limited, and facilities were in poor condition.

National/Racial/Ethnic Minorities

There were occasional reports that some law enforcement officials harassed those of Afghan nationality and Uzbeks.

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

While same-sex sexual conduct is legal in the country, and the age of consent is the same as for heterosexual relationships, the law does not provide legal protection against discrimination. Throughout the country there were reports that LGBTI individuals faced physical and psychological abuse, harassment, extortion, and exploitation for revealing their LGBTI status to their families. In September, Khurshed Kunghurotov, the government’s chief physician, told the media that he thinks transgender individuals and gays are mentally ill, and those who do not recognize their illness are mentally ill themselves.

There is no law against discrimination based on sexual orientation or gender identity, and LGBTI persons were victims of police harassment and faced threats of public beatings by community members. LGBTI representatives claimed law enforcement officials extorted money from LGBTI persons by threatening to tell their employers or families of their activities. In February the government’s anticorruption agency detained three police officers for blackmailing a gay man in order to extort money from him. The man had on previous occasions been forced to give money to buy the officers’ silence regarding his sexual orientation. The police officers were charged with extortion and abuse of office, and in April a Dushanbe court found them guilty and fined each 55,000 Somoni ($6,500).

In some cases LGBTI persons were subjected to sex trafficking. Hate crimes against members of the LGBTI community reportedly went unaddressed. LGBTI representatives claimed health-care providers discriminated against and harassed LGBTI persons. LGBTI advocacy and health groups reported harassment from government officials and clergy, to include violent threats, as well as obstruction of their activities by the Ministry of Health.

Government authorities reportedly compiled a registry of hundreds of persons in the LGBTI community as part of a purported drive to promote moral behavior and protect vulnerable groups in society. In 2017 the Interior Ministry and General Prosecutor’s Office drew up the list, which included 319 men and 48 women.

It was difficult for transgender persons to obtain new official documents from the government. The law allows for changing gender in identity papers if a medical organization provides an authorized document. Because a document of this form does not exist, it was difficult for transgender persons to change their legal identity to match their gender. This created internal problems involving any activity requiring government identification, including the acquisition of a passport for international travel.

HIV and AIDS Social Stigma

There was societal discrimination against individuals with HIV/AIDS, and stigma and discrimination were major barriers for persons with HIV to accessing prevention, treatment, and support.

The government offered HIV testing free of charge at 140 facilities, and partner notification was mandatory and anonymous. The World Health Organization noted officials systematically offered HIV testing to prisoners, military recruits, street children, refugees, and persons seeking visas, residence, or citizenship.

Women remained a minority of those infected with HIV, although their incidence of infection was increasing.

As of April 1, the Ministry of Health officially registered 7,827 HIV infected individuals, including 2,933 women and 4,894 men. During the first quarter of the year, the ministry registered 321 new HIV positive individuals, including 114 women and 207 men.

Section 7. Worker Rights

The law provides for the right to form and join independent unions but requires registration for all NGOs, including trade unions. The law also provides that union activities, such as collective bargaining, be free from interference except “in cases specified by law,” but the law does not define such cases. Workers have the right to strike, but the law requires that meetings and other mass actions have prior official authorization, limiting trade unions’ ability to organize meetings or demonstrations. The law provides for the right to organize and bargain collectively, but it does not specifically prohibit antiunion discrimination.

Workers joined unions, but the government used informal means to exercise considerable influence over organized labor, including influencing the selection of labor union leaders. The government-controlled umbrella Federation of Trade Unions of Tajikistan did not effectively represent worker interests. There were reports that the government compelled some citizens to join state-endorsed trade unions and impeded formation of independent unions. According to International Labor Organization figures, 1.3 million persons belonged to unions. There were no reports of antiunion discrimination during the year.

Anecdotal reports from multiple in-country sources stated that citizens were reluctant to strike due to fear of government retaliation.

Collective bargaining contracts covered 90 percent of workers in the formal sector. In some cases Chinese workers received preferable treatment to local workers in labor disputes.

The government fully controlled trade unions. There were no reports of threats or violence by government entities toward trade unions; however, unions made only limited demands regarding workers’ rights repeatedly because they feared the government reaction. Most workers’ grievances were resolved with union mediation between employee and employer.

Labor NGOs not designated as labor organizations played a minimal role in worker rights, as they were restricted from operating fully and freely.

The law prohibits all forms of forced or compulsory labor, including that of children, except in cases defined in law. Resources, inspections, and remediation were inadequate. Penalties were sufficiently stringent and commensurate with other serious crimes, such as rape, and sufficient to deter violations.

The government continued to make progress in reducing the use of forced labor in the annual cotton harvest, although it continued to occur. The Ministry of Labor, together with NGO representatives, conducted monitoring missions of the cotton harvest from 2010 to 2015, but there were no independent monitoring programs or inspections during the 2016 and 2017 cotton harvests.

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

The minimum age for children to work is 16 years, although children may work at age 15 with permission from the local trade union. By law children younger than age 18 may work no more than six hours a day and 36 hours per week. Children as young as age seven may participate in household labor and agricultural work, which is separately classified as family assistance. Many children younger than age 10 worked in bazaars or sold goods on the street. The highest incidences of child labor were in the domestic and agricultural sectors.

Enforcement of child labor laws is the responsibility of the Prosecutor General’s Office, Ministry of Justice, Ministry of Social Welfare, Ministry of Internal Affairs, and appropriate local and regional governmental offices. Unions also are responsible for reporting any violations in the employment of minors. Citizens can bring unresolved cases involving child labor before the prosecutor general for investigation. There were few reports of violations because most children worked under the family assistance exception. There were reports that military recruitment authorities kidnapped children under the age of 18 from public places and subjected them to compulsory military service to fulfill local recruitment quotas.

The government enforced labor laws and worked with the International Organization for Migration (IOM) to prevent the use of forced child labor. Nevertheless, there were isolated reports that some children were exploited in agriculture. The overall instances of forced child labor in the cotton harvest decreased dramatically after 2013; the 2015 IOM annual assessment showed local or national government authorities responded to most cases. During the 2015 harvest, the government levied two fines against employers using child labor and collected a total of 1,800 somoni ($205) from violators.

The Interministerial Commission to Combat Trafficking in Persons disseminated a directive to local officials reiterating prohibitions and ordered the Labor Inspector’s Office to conduct a monitoring mission of the cotton-picking season. According to the IOM, however, no independent monitoring of the cotton harvest was conducted during the year.

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 race, sex, gender, disability, language, HIV-positive status, other communicable diseases, or social status. The law does not expressly prohibit worker discrimination on the basis of color, religion, political opinion, national origin or citizenship, or age.

In February a dance teacher at a choreography school in Dushanbe was reportedly fired from her job for not listening to President Rahmon’s annual televised address to the nation. Saida Rustamova told the media that the official documents she received stated she lost her job because she was not present in the school auditorium where students and teachers were gathered to listen to the president’s live televised address. Rustamova claims she left the auditorium because there were no available seats. The school principal told reporters that Rustamova was fired because of her poor work performance and her failure to follow her supervisor’s orders.

In June 2017 parliament approved amendments to the Law on Police, which bans persons with dual citizenship, foreign nationals, and stateless persons from serving in the police force. In 2016 lawmakers approved amendments to the law banning individuals with dual citizenship from serving in the country’s security services and requiring knowledge of the Tajik (state) language. In March 2017 the Council of Majlisi Namoyandagon, the lower house of parliament, approved amendments to the Law on Public Service prohibiting dual citizenship for any persons in public service.

Employers discriminated against individuals based on sexual orientation and HIV-positive status, and police generally did not enforce the laws. LGBTI persons and HIV-positive individuals opted not to file complaints due to fear of harassment from law enforcement personnel and the belief that police would not take action.

The law provides that women receive equal pay for equal work, but cultural barriers continued to restrict the professional opportunities available to women. Employers often forced women to work overtime without additional pay.

The government has not declared a formal poverty line. The monthly minimum wage is 400 somoni ($42).

The State Inspectorate for Supervision of Labor, Migration, and Employment under the Ministry of Labor is responsible for the overall supervision of enforcing labor law in the country. The Ministry of Finance enforces financial aspects of the labor law, and the Agency of Financial Control of the presidential administration oversees other aspects of the law. There is no legal prohibition on excessive compulsory overtime. The law mandates overtime payment, with the first two hours paid at a time-and-a-half rate and the remainder at double the rate. Resources, inspections, and remediation to enforce the law were inadequate. The State Inspectorate conducts inspections once every two years. Penalties for violations, including fines of 800 to 1,200 somoni ($90 to $140) were adequate, but the regulation was not enforced, and the government did not pay its employees for overtime work. Overtime payment was inconsistent in all sectors of the labor force.

The State Inspectorate for Supervision of Labor, Migration, and Employment is also responsible for enforcing occupational health and safety standards. The government did not fully comply with these standards, partly because of corruption and the low salaries paid to inspectors. The law provides workers the right to remove themselves from hazardous working conditions without fear of loss of employment, but workers seldom exercised this right.

Farmers and agricultural workers, accounting for more than 60 percent of employment in the country, continued to work under difficult circumstances. There was no system to monitor or regulate working conditions in the agricultural and informal sectors. Wages in the agricultural sector were the lowest among all sectors, and many workers received payment in kind. The government’s failure to ensure and protect land tenure rights continued to limit its ability to protect agricultural workers’ rights.

Tanzania

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

Women

Rape and Domestic Violence: The law provides for life imprisonment for persons convicted of rape, including spousal rape during periods of legal separation. The law stipulates a woman wishing to report a rape must do so at a police station, where she must receive a release form before seeking medical help. This process contributed to medical complications, incomplete forensic evidence, and failure to report rapes. Victims often feared that cases reported to police would be made public.

The law prohibits assault but does not specifically prohibit domestic violence. Domestic violence against women remained widespread, and police rarely investigated such cases.

The LHRC’s 2018 Mid-Year Human Rights Report cited 1,218 incidents of women being raped in the country, and 13,895 incidents of violence against women from January to June. The same report cited and 6,376 cases of violence against children.

Authorities rarely prosecuted persons who abused women. Persons close to the victims, such as relatives and friends, were most likely to be the perpetrators. Many who appeared in court were set free because of corruption in the judicial system, lack of evidence, poor investigations, and poor evidence preservation.

There were some government efforts to combat violence against women. Police maintained 417 gender and children desks in regions throughout the country to support victims and address relevant crimes. In Zanzibar, at One Stop Centers in both Unguja and Pemba, victims could receive health services, counseling, legal assistance, and a referral to police.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C from being performed on girls under the age 18, but it does not provide for protection to women ages 18 or older. For information on the incidence of FGM/C, see Appendix C.

Prosecutions were rare. Many police officers and communities were unaware of the law, victims were often reluctant to testify, and some witnesses feared reprisals from FGM/C supporters. Some villagers reportedly bribed local leaders not to enforce the law in order to carry out FGM/C on their daughters. The Ministry of Health reported that approximately 10 percent of women had undergone FGM/C.

Sexual Harassment: The law prohibits sexual harassment of women in the workplace. There were reports women were asked for sexual favors in return for promotions or in order to secure employment. According to the Women’s Legal Aid Center, police rarely investigated reported cases. Those cases that were investigated were often dropped before they got to court–in some instances by the plaintiffs due to societal pressure and in others by prosecutors due to lack of evidence.

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

Discrimination: The law provides the same legal status and rights for women and men; the law, however, also recognizes customary practices that often favor men. In particular women faced discriminatory treatment in the areas of marriage, divorce, inheritance, and nationality.

Overt discrimination in areas such as education, credit, business ownership, and housing was uncommon. Nevertheless, women, especially in rural areas, faced significant disadvantages due to cultural, historical, and educational factors.

According to a 2017 report by the World Economic Forum, Tanzanian men earn 39 percent more than women.

Children

Birth Registration: Citizenship is derived by birth within the country if at least one parent is a citizen, or, if abroad, also if at least one parent is a citizen. Registration within three months of birth is free; parents who wait until later must pay a fee. Public services were not withheld from unregistered children. For additional information, see Appendix C.

Education: Tuition-free primary education is compulsory and universal on both the mainland and Zanzibar until age 15. Secondary school is tuition-free, but not compulsory.

Girls represented approximately half of all children enrolled in primary school but were absent more often than boys due to household duties and lack of sanitary facilities. According to the Ministry of Regional Government and Local Governance, primary school enrollment increased in 2018 to 1,751,221 students (880,391 males and 870,830 females), up from 1,345,636 in 2017. At the secondary level, child marriage and pregnancy often caused girls to be expelled or otherwise prevented girls from finishing school.

In January authorities arrested five school girls ages 16 to 19 in the southeastern town of Tandahimba for being pregnant. The Center for Reproductive Rights reported in 2013 that more than 55,000 girls over the previous decade had been expelled from school for being pregnant. Regional authorities reported that it was common practice for school administrators to subject girls to hands-on external abdominal examinations for pregnancy. Under the Education and Training Policy launched by the government in 2015, pregnant girls may be reinstated in schools. In June 2017 President Magufuli declared that girls would not be allowed to return to school after giving birth. Human rights NGOs criticized the policy as contrary to the country’s constitution and laws.

Child Abuse: Violence against and other abuse of children were major problems. Corporal punishment was employed in schools, and a 1979 law allows head teachers to cane students. The National Violence against Children Survey, conducted in 2009 (the most recent data available), found that almost 75 percent of children experienced physical violence prior to age 18. According to the Ministry of Health, Community Development, Gender, Elderly, and Children, between July 2017 and June, 18,464 cases were reported through the program’s hotline. In August a 13-year-old student in Kagera Region was beaten to death by a teacher, who erroneously claimed the student stole another teacher’s bag.

Early and Forced Marriage: The law sets the legal age for marriage at 18 for boys but does not set an age for girls. In 2016 the government amended the Law of the Child to make it illegal to marry a primary or secondary school student. To circumvent these laws, individuals reportedly bribed police or paid a bride price to the family of the girl to avoid prosecution. According to Human Rights Watch, girls as young as seven were married. Zanzibar has its own law on marriage, but it does not specifically address early marriage. For additional information, see Appendix C.

Sexual Exploitation of Children: The law criminalizes child sex trafficking and child pornography. Those convicted of facilitating child pornography are subject to a fine ranging from TZS one million ($440) to TZS 500 million ($218,000), a prison term of one to 20 years, or both. Those convicted of child sex trafficking are subject to a fine ranging from TZS five million ($2,180) and TZS 150 million ($65,400), a prison term of 10 to 20 years, or both. There were no prosecutions based on this law during the year.

The law provides that sexual intercourse with a child younger than 18 is rape unless within a legal marriage. The law was not always enforced.

Infanticide or Infanticide of Children with Disabilities: Infanticide continued, especially among poor rural mothers who believed themselves unable to afford to raise a child. Nationwide statistics were not available.

Displaced Children: According to the Ministry of Health, Community Development, Gender, Elderly, and Children, large numbers of children were living and working on the street, especially in cities and near the borders. The ministry reported there were 6,132 children living in hazardous conditions during the year. These children had limited access to health and education services, because they lacked a fixed address or money to purchase medicines, school uniforms, and books. They were also vulnerable to sexual abuse.

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

Anti-Semitism

The Jewish population is very small, 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 law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, but the government did not effectively enforce these provisions.

Few public buildings were accessible to persons with disabilities. New public buildings, however, were built in compliance with the law. The law provides for access to information and communication, but not all persons with disabilities had such access.

There were six members of the union parliament with disabilities. Persons with disabilities held three appointed seats in the Zanzibar House of Representatives. The Prime Minister’s Office includes a ministerial position that covers disabilities.

Limits to the political participation of persons with disabilities included inaccessible polling stations, lack of accessible information, limited inclusion in political parties, the failure of the National Electoral Commission to implement directives concerning disability, and prejudice toward persons with disabilities.

According to the 2008 Tanzanian Disability Survey, an estimated 53 percent of children with disabilities attended school. There were no significant reported patterns of abuse in educational or mental health facilities.

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

Consensual same-sex sexual conduct is illegal in the country. The law on both the mainland and Zanzibar punishes “gross indecency” by up to five years in prison or a fine. The law punishes any person convicted of having “carnal knowledge of another against the order of nature or permits a man to have carnal knowledge of him against the order of nature” with a prison sentence of 30 years to life on the mainland and imprisonment up to 14 years in Zanzibar. In Zanzibar the law also provides for imprisonment up to five years or a fine for “acts of lesbianism.” In the past, courts charged individuals suspected of same-sex sexual conduct with loitering or prostitution. The law does not prohibit discrimination based on sexual orientation and gender identity. Police often harassed persons believed to be LGBTI based on their dress or manners.

In November Amnesty International reported that police arrested 10 men in Zanzibar on suspicion of being gay after receiving a tip-off. They were detained for several days before being released.

Authorities filed a case against two women in Mwanza who were recorded on a video posted on social media exchanging rings in an engagement ceremony in December 2017; the case had not been heard. In October 2017 police arrested 12 individuals, including two South African lawyers and a Ugandan, allegedly for preparing a case challenging the government’s decision to ban drop-in centers serving key populations. The manager of the hotel hosting the event was also arrested. In September 2017 police arrested 20 persons in Zanzibar who participated in an HIV/AIDS education training course provided by an officially registered international NGO. There were several reports of tourists being denied entry into Zanzibar if authorities suspected they were LGBTI.

During the year government officials publicly stated opposition to improved safeguards for the rights of LGBTI persons, which it characterized as contrary to the law of the land and the cultural norms of society. Senior government officials made several anti-LGBTI statements. In October the regional commissioner of Dar es Salaam created a government taskforce to round up persons who engage in acts that go against the country’s laws and morals, including same-sex sexual conduct. After widespread international condemnation, the Ministry of Foreign Affairs claimed the commissioner’s comments and taskforce were not reflective of government policy. This crackdown caused widespread fear among the LGBTI community and forced some to move out of the country. In March the deputy minister of health, community development, gender, seniors, and children tweeted, “The war against promotion and normalization of homosexuality in Tanzania is real.” LGBTI persons were often afraid to report violence and other crimes, including those committed by state agents, due to fear of arrest. LGBTI persons faced societal discrimination that restricted their access to health care, including access to information about HIV, housing, and employment. There were no known government efforts to combat such discrimination.

HIV and AIDS Social Stigma

The 2013 People Living with HIV Stigma Index Report indicated persons with HIV/AIDS experienced significant levels of stigma countrywide (39.4 percent), with stigma particularly high in Dar es Salaam (49.7 percent). The most common forms of stigma and discrimination experienced were gossip, verbal insults, and exclusion from social, family, and religious activities. More than one in five persons with HIV/AIDS experienced a forced change of residence or inability to rent accommodations. In Dar es Salaam, nearly one in three of these persons experienced the loss of a job or other source of income.

The law prohibits discrimination against any person “known or perceived” to be HIV-positive and establishes medical standards for confidentiality to protect persons with HIV/AIDS. Police abuses of HIV-positive persons, particularly in three key populations (sex workers, drug users, and LGBTI persons), included arbitrary arrest, extortion, and refusal to accept complaints from victims of crime. In the health sector, key populations experienced denial of services, verbal harassment and abuse, and violations of confidentiality. In 2017 the government allowed community-based services for key populations to be reinstated following the release of revised guidelines, although the distribution of lubricants is still banned. NGOs and CSOs serving these key populations continued to face occasional backlash and harassment from law enforcement. There was continuing fear among these NGOs to operate freely and openly, as well as among LGBTI persons to freely seek health services, including HIV prevention and treatment.

Gender Desks at police stations throughout the country were established to help address mistrust between members of key populations and police.

Other Societal Violence or Discrimination

Despite efforts by the government and NGOs to reduce mob violence through educational outreach and community policing, mob violence continued. According to the LHRC, there were 395 cases of mob violence from January to June, a decline from the same period in 2017, when 482 mob-related killings were reported. In June, for example, a man in the Geita Region accused of armed robbery was killed by an angry mob. Human rights groups reported that the prevalence of mob violence in the country resulted from a lack of faith in police and the justice system.

Witchcraft-related killings continued to be a problem. The LHRC reported 106 witchcraft-related killings from January to June, a slight decline from the same period in 2017.

Attacks on persons with albinism were declining, and from January through June there were no reported cases of persons with albinism being killed or attacked. Persons with albinism remained at risk of violence, however, especially during election times, as some ritual practitioners sought albino body parts in the belief they could be used to bring power, wealth, and good fortune. Schools used as temporary shelters in some cases evolved into long-term accommodations, with many students with albinism afraid to return to their homes. In 2015 the government outlawed witchdoctors in an attempt to curtail killings of persons with albinism.

Farmers and pastoralists sometimes argued over traditional animal grazing areas, and violence continued to break out during some disputes.

Section 7. Worker Rights

The mainland and Zanzibari governments have separate labor laws. Workers on the mainland, except for workers in the categories of “national service” and prison guards, have the right to form and join independent trade unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination. The government nevertheless restricted these rights. Reinstatement of workers fired for trade union activity is not mandatory.

Trade unions in the private sector must consist of more than 20 members and register with the government, while public-sector unions need 30 members. Five organizations are required to form a federation. Trade union affiliation with nonunion organizations can be annulled by the Labor Court if it was obtained without government approval, or if the union is considered an organization whose remit is broader than just employer-worker relations. A trade union or employers association must file for registration with the Registrar of Trade Unions in the Ministry of Labor within six months of establishment. The law, however, does not provide for specific time limits within which the government must register an organization, and the registrar has the power to refuse registration on arbitrary or ambiguous grounds. The government prescribes the terms of office of trade union leaders. Failure to comply with government requirements is subject to fines, imprisonment, or both.

The law requires unions to submit financial records and a membership list to the registrar annually and to obtain government approval for association with international trade unions. The registrar can apply to the Labor Court to deregister or suspend unions if there is overlap within an enterprise or if it is determined the union violated the law or endangered public security.

Collective bargaining agreements must be registered with the Labor Commission. Public service employees, except for limited exceptions, such as workers involved in “national service” and prison guards, may also engage in collective bargaining.

Employers have the right to initiate a lockout provided they comply with certain legal requirements and procedures. For a strike to be declared legal, the law requires three separate notifications of intent, a waiting period of at least 92 days, and a union vote in the presence of a Ministry of Labor official that garners approval by at least 75 percent of the members voting. All parties to a dispute may be bound by an agreement to arbitrate, and neither party may then engage in a strike or a lockout until that process has been completed. Disputes regarding adjustments to or the terms of signed contracts must be addressed through arbitration and are not subject to strikes.

The law restricts the right to strike when a strike would endanger the life and health of the population. Picketing in support of a strike or in opposition to a lawful lockout is prohibited. Workers in sectors defined as “essential” (water and sanitation, electricity, health services and associated laboratory services, firefighting, air traffic control, civil aviation, telecommunications, and any transport services required for the provision of these services) may not strike without a pre-existing agreement to maintain “minimum services.” Workers in other sectors may also be subject to this limitation as determined by the Essential Services Committee, a tripartite committee composed of employers, workers, and government representatives with the authority periodically to deem which services are essential.

According to the 2004 Labor Relations Act, an employer may not legally terminate an employee for participating in a lawful strike or terminate an employee who accedes to the demands of an employer during a lockout.

Penalties for violations include fines up to TZS five million ($2,180), imprisonment up to one year, or both, but these penalties were not sufficient to deter violations. Disputes on the grounds of antiunion discrimination must be referred to the Commission for Mediation and Arbitration, a governmental department affiliated with the Ministry of Labor. There was no public information available regarding cases of antiunion discrimination.

There were no reports of sector-wide strikes or any other major strikes in the country.

In Zanzibar the law requires any union with 50 or more members to be registered, a threshold few companies could meet. The law sets literacy standards for trade union officers. The law provides the registrar considerable powers to restrict registration by setting forth criteria for determining whether an organization’s constitution contains suitable provisions to protect its members’ interests. The law applies to both public- and private-sector workers and bans Zanzibari workers from joining labor unions on the mainland. The law prohibits a union’s use of its funds, directly or indirectly, to pay any fines or penalties incurred by trade union officials in the discharge of their official duties. In Zanzibar both government and private sector workers have the right to strike as long as they follow procedures outlined in the labor law. For example, workers in essential sectors may not strike; others must give mediation authorities at least 30 days to resolve the issue in dispute and provide a 14-day advance notice of any proposed strike action.

The law provides for collective bargaining in the private sector. Public-sector employees also have the right to bargain collectively through the Trade Union of Government and Health Employees; however, members of the police force and prison service, and high-level public officials (for example, the head of an executive agency) are barred from joining a trade union. Zanzibar’s Dispute Handling Unit addresses labor disputes. In Zanzibar judges and all judicial officers, members of special departments, and employees of the House of Representatives are excluded from labor law protection.

In Zanzibar the courts are the only venue in which labor disputes can be heard. According to the Commission of Labor in Zanzibar, 16 workers used the courts for labor disputes.

The government did not consistently enforce the law protecting the right to collective bargaining. On both the mainland and in Zanzibar, private-sector employers adopted antiunion policies or tactics, although discriminatory activities by an employer against union members are illegal. The Trade Union Congress of Tanzania (TUCTA)’s 2018 annual report claimed that international mining interests bribed government officials to ignore workers’ complaints and write false favorable reports on work conditions in mines. TUCTA also reported that employers discouraged workers from collective bargaining and retaliated against workers’ rights activists via termination of employment and other measures.

The law prohibits most forms of forced or compulsory labor. The law allows prisoners to work without pay on construction and agriculture projects within prisons. The law deems such work acceptable as long as a public authority ensures the work is not for the benefit of any private party. The law also allows work carried out as part of compulsory national service in certain limited circumstances. The constitution provides that no work shall be considered forced labor if such work forms part of compulsory national service in accordance with the law, or “the national endeavor at the mobilization of human resources for the enhancement of society and the national economy and to ensure development and national productivity.”

The law establishes criminal penalties for employers using forced labor. Offenders may be fined up to TZS five million ($2,180), sentenced to one year in prison, or both. The government did not consistently enforce the law. The International Labor Organization (ILO) reported unspecified instances of forced labor, including those involving children from the southern highlands forced into domestic service or labor on farms, in mines, and in the informal business sector. Forced child labor occurred (see section 7.c.).

Prisoners provided labor on projects outside of the prison, such as road repair and government construction projects. According to the 2018 budget speech delivered by the Ministry of Home Affairs, prisoners provide labor at the government-owned Mbigiri Sugar Industry in Morogoro Region and planted 1976 acres of sugar cane.

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

The law prohibits the exploitation of children in the workplace. By law the minimum age for contractual employment is 14 on the mainland; in Zanzibar the minimum age is 15. Children older than age 14 but younger than 18 may be employed to do only light work unlikely to harm their health, development, or attendance at school. In addition, the government published regulations to define hazardous work for children in several sectors, including in agriculture, fishery, mining, and quarrying, construction, service, informal operations, and the transport sectors. The law specifically limits working hours for children to three hours a day. Fines ranging from TZS 100,000 to TZS 500 million ($44 to $218,000) and imprisonment ranging from three months to 20 years, or both, may be imposed for violations of the law. Penalties were not sufficient to deter violations, and there were no reported cases of prosecutions under this law.

The government did not effectively enforce the law. The lack of enforcement left children vulnerable to exploitation and with few protections. According to the Ministry of Health, Community Development, Gender, Elderly, and Children, approximately 29 percent of all children were engaged in child labor. Child labor was prevalent in agriculture, mining, industry, fishing, and domestic work. The ILO previously worked with the government to train labor inspectors on the problem of child labor, but during the year no reported child labor cases were brought to court. During the year’s budget speech, the minister of health reported 6,393 child labor cases (1,528 female and 4,865 male). Officials reported that their authority was limited to the formal economy, and most child labor took place in the family and informal economy.

Government measures to ameliorate child labor included verifying that children of school age attended school, imposing penalties on parents who did not enroll their children in school, and pressing employers in the formal sector not to employ children younger than 18. Ministry of Labor officials reported, however, enforcement of child labor laws was difficult because many children worked in private homes or rural areas. A combination of factors, including distance from urban-based labor inspectors and a lack of understanding by children on how to report the conditions of their employment and when to do so, complicated inspections. Officials reported the problem of child labor was particularly acute among orphans. In cooperation with the government, Plan International operated programs in the mining sector to combat child labor.

In mainland Tanzania, children worked as domestic workers, street vendors, and shopkeepers as well as in small-scale agriculture, family-based businesses, fishing, construction, and artisanal mining of gold and tanzanite. According to Human Rights Watch, children as young as eight worked in mining. In Zanzibar children worked primarily in transportation, fishing, clove picking, domestic labor, small businesses, and gravel making.

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 employment and labor relations law prohibits workplace discrimination, directly or indirectly, against an employee based on color, nationality, tribe, or place of origin, race, national extraction, social origin, political opinion or religion, sex, gender, pregnancy, marital status or family responsibility, disability, HIV/AIDS, age, or station in life. The law does not specifically prohibit discrimination based on sexual orientation or gender identity, language, citizenship, or other communicable disease status. The law distinguishes between discrimination and an employer hiring or promoting based on affirmative action measures consistent with the promotion of equality, or hiring based on an inherent requirement of the job. The government in general did not effectively enforce the law, and penalties were insufficient to deter violations.

Women have the same status as men under labor law on the mainland. According to TUCTA, gender-based discrimination in terms of wages, promotions, and legal protections in employment continued to occur in the private sector. It was difficult to prove and often went unpunished. While employers in the formal sector were more attentive to laws against discrimination, problems were particularly acute in the informal sector, in which women were disproportionately employed. Women often were employed for low pay and in hazardous jobs, and they reported high levels of bullying, threats, and sexual harassment. A 2015 study by the LHRC found that women faced particular discrimination in the mining, steel, and transport industries.

Discrimination against migrant workers also occurred. They often faced difficulties in seeking documented employment outside of the informal sector. The Noncitizens Employment Regulation Act of 2015 gives the labor commissioner authority to deny work permits if a Tanzanian worker with the same skills is available. During the year foreign professionals, including senior management of international corporations, frequently faced difficulties obtaining or renewing work permits. Because refugees lived in camps and could not travel freely (see section 2.d.), few worked in the formal sector. While efforts by nongovernment and government actors had been made to curb discrimination and violence against persons with albinism, the LHRC reported that this population still lived in fear of their personal security and therefore could not fully participate in social, economic, and political activities. The LHRC also stated that persons with disabilities also faced discrimination in seeking employment and access to the workplace.

The government established minimum wage standards in 2015 for employees in both the public and private sectors on the mainland, and it divided those standards into nine employment sectors. The lowest minimum wage was TZS 40,000 ($17.50) per month for the lowest-paid category of domestic workers residing in the household of the employer, who were not addressed in previous legislation. The highest was TZS 400,000 ($175) per month for workers in the telecommunications and multinational mining, energy, and financial sectors. The law allows employers to apply to the Ministry of Labor for an exemption from paying the minimum wage. These monthly wages were above the basic-needs poverty line of TZS 36,482 ($16) per month per person and the food poverty line of TZS 26,085 ($11.30) per month, which had not changed since being established by the 2011/12 Household Budget Survey. The labor laws cover all workers, including foreign and migrant workers and those in the informal sector. The minimum wage on Zanzibar was TZS 300,000 ($130) per month.

The labor standards laws derive from the international convention on labor standards. According to the law, the ordinary workweek is 45 hours, with a maximum of nine hours per day or six days per week. Any work in excess of these limits should be compensated with overtime pay at one-and-a-half times the employee’s regular wage. Under most circumstances, it is illegal to schedule pregnant or breast-feeding women for work between 10 p.m. and 6 a.m., although employers frequently ignored this restriction.

The law states employees with 12 months of employment are entitled to 28 days of paid annual leave, and it requires employee compensation for national holidays. The law prohibits excessive or compulsory overtime, and it restricts required overtime to 50 hours in a four-week period or in accordance with previously negotiated work contracts. The law requires equal pay for equal work.

Several laws regulate occupational safety and health (OSH) standards in the workplace. According to TUCTA, OSH standards are appropriate for the main industries and enforcement of these standards had been improving, but challenges remained in the private sector. In March the National Audit Office released a follow-up report on a 2013 performance audit on the management of occupational health and safety in the country. The report found that of 27 audit recommendations, 20 had been fully implemented, six had been partially implemented, and only one had not been implemented. OSH standards, however, were not effectively enforced in the informal economy. The Occupational Safety and Health Authority had offices in 25 of the 31 regions and 201 staff members. In Zanzibar the government employed five labor inspectors for the islands and conducted 120 inspections between January and June. The inspection system’s effectiveness was limited due to lack of resources and the insufficient number of labor officers available to conduct inspections. By law workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively enforce this protection.

Workers may sue an employer if their working conditions do not comply with the Ministry of Labor’s health and environmental standards. Disputes were generally resolved through the Commission for Mediation and Arbitration. There were no exceptions for foreign or migrant workers.

Many workers did not have employment contracts and lacked legal protections. The LHRC reported that approximately 38 percent of workers did not have contracts, and of those who did, an estimated 38 percent only had oral contracts. The LHRC also reported that employees who signed written contracts were often not provided copies of the contract, contracts held by employees differed from those maintained by employers, many contracts did not include job descriptions, and companies frequently used short-term contracts of six months or less to avoid hiring organized workers with labor protections.

The government did not effectively enforce labor standards, particularly in the informal sector. According to the 2014 Integrated Labor Force Survey (the latest available), of an active labor force of 22 million, 66 percent worked in the informal sector (including agriculture).

In dangerous industries such as construction, employees often worked without protective equipment such as helmets, gloves, or harnesses. According to a 2008 Accident Notification Survey (latest available), the sectors with the highest rates of fatal accidents were construction and building, transport, and mining and quarrying. Domestic workers were reportedly frequent victims of abuse.

Thailand

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

Women

Rape and Domestic Violence: Rape is illegal, although the government did not always enforce the law effectively. The law permits authorities to prosecute spousal rape, and prosecutions occurred. The law specifies penalties for conviction of rape or forcible sexual assault ranging from four years’ imprisonment to the death penalty as well as fines.

NGOs asserted rape was a serious problem, and noted a measure in the law allows offenders younger than 18 years to avoid prosecution by choosing to marry their victim. They also maintained that victims underreported rapes and domestic assaults, in part due to a lack of understanding by authorities that impeded effective implementation of the law regarding violence against women.

According to NGOs the government underfunded agencies tasked with addressing the problem, and victims often perceived police as incapable of bringing perpetrators to justice.

In June a female British tourist claimed she was raped while she was vacationing on the resort island of Koh Tao. Initially the police rejected her claim and refused to investigate the incident. Following the incident, authorities arrested 12 Thai persons and charged them with violating the Computer Crimes Act for sharing information about the alleged inadequate police investigation on Facebook.

Domestic violence against women was a significant problem. The Ministry of Public Health operated one-stop crisis centers to provide information and services to victims of physical and sexual abuse throughout the country. The law establishes measures designed to facilitate both the reporting of domestic violence complaints and reconciliation between the victim and the perpetrator. Moreover, the law restricts media reporting on domestic violence cases in the judicial system. NGOs expressed concern the law’s family unity approach puts undue pressure on a victim to compromise without addressing safety issues and led to a low conviction rate.

Authorities prosecuted some domestic violence crimes under provisions for assault or violence against a person, where they could seek harsher penalties. Women’s rights groups reported domestic violence frequently went unreported, however, and police often were reluctant to pursue reports of domestic violence. The government operated shelters for domestic violence victims, one in each province. The government’s crisis centers, located in all state-run hospitals, cared for abused women and children.

The Ministry of Social Development and Human Security continued to develop a community-based system, operating in all regions of the country, to protect women from domestic violence. The program focused on training representatives from each community on women’s rights and abuse prevention to increase community awareness.

Female Genital Mutilation/Cutting (FGM/C): No specific law prohibits this practice. NGOs reported that FGM/C occurred in the Muslim-majority south, although statistics were unavailable. There were no reports of governmental efforts to prevent or address the practice.

Sexual Harassment: Sexual harassment is illegal in both the public and private sectors. The law specifies maximum fines of 20,000 baht ($600) for those convicted of sexual harassment, while abuse categorized as an indecent act may result in a maximum 15 years’ imprisonment and a maximum fine of 30,000 baht ($900). The law governing the civil service also prohibits sexual harassment and stipulates five levels of punishment: probation, docked wages, salary reduction, suspension, and termination. NGOs claimed the legal definition of harassment was vague and prosecution of harassment claims difficult, leading to ineffective enforcement of the law.

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

Discrimination: The 2017 constitution provides that “men and women shall enjoy equal rights and liberties. Unjust discrimination against a person on the grounds of differences in origin, race, language, sex, age, disability, physical or health condition, personal status, economic or social standing, religious belief, education or political view, shall not be permitted.”

The Ministry of Social Development and Human Security took steps to implement the Gender Equality Act by allocating funding to increase awareness about the Act, and hearing from complainants who experienced gender discrimination. Since the Act became law in 2015, the Ministry of Social Development has received more than 25 complaints, and issued judgement in four cases. The majority of cases related to transgender persons facing discrimination (see subsection on Discrimination Based on Sexual Orientation and Gender Identity below). Human rights advocates expressed concern about the act’s implementation, given lengthy delays in reviewing individual discrimination complaints, and a lack of awareness about the act among the public and within the ministry’s provincial offices.

Women generally enjoy the same legal status and rights as men, but sometimes experienced discrimination particularly in employment. The law imposes a maximum jail term of six months or a maximum fine of 20,000 baht ($600) or both, for anyone convicted of gender discrimination. The law mandates nondiscrimination based on gender and sexual identity in policy, rule, regulation, notification, project, or procedures by government, private organizations, and any individual, but it also stipulates two exceptions criticized by civil society groups: religious principles and national security.

Women were unable to confer citizenship to their noncitizen spouses in the same way as male citizens.

Women comprised approximately 9 percent of the country’s military personnel. Ministry of Defense policy limits the percentage of female officers to not more than 25 percent in most units, with specialized hospital/medical, budgetary, and finance units permitted 35 percent. Military academies (except for the nursing academy) refused admission to female students, although a significant number of instructors were women.

In August women were banned from applying to the Royal Thai Police Academy. The RTP did not provide an explanation for the decision. Activists criticized the decision as contrary to the aims of the Gender Equality Act. Activists also formally petitioned the Office of the Ombudsman to urge the decision be revisited. Separately, the RTP listed “being a male” as a requirement in an employment announcement for new police investigators. The NHRCT and the Association of Female Police Investigators objected publicly to this announcement. In media reports the RTP cited the need for this requirement given that police investigations require hard work and the perception that female officers take frequent sick leave or abruptly resign.

Children

Birth Registration: Citizenship is conferred at birth if at least one parent is a citizen. Birth within the country does not automatically confer citizenship, but regulations entitle all children born in the country to birth registration, which qualifies them for certain government benefits regardless of citizenship (see section 2.d.). NGOs reported that hill tribe members and other stateless persons sometimes did not register births with authorities, especially births occurring in remote areas, because administrative complexities, misinformed or unscrupulous local officials, language barriers, and restricted mobility made it difficult to do so.

Education: NCPO Order No. 28/2559 provides that all children receive free “quality education for 15 years, from preschool to the completion of compulsory education,” which is defined as through grade nine. NGOs reported children of registered migrants, unregistered migrants, refugees, or asylum seekers also had limited access to government schools.

Child Abuse: The law provides for the protection of children from abuse, and laws on rape and abandonment carry harsher penalties if the victim is a child. The law provides for protection of witnesses, victims, and offenders younger than 18 years in abuse and pedophilia cases. According to advocacy groups, police showed reluctance to investigate abuse cases, and rules of evidence made prosecution of child abuse difficult.

Early and Forced Marriage: According to the Civil and Commercial Code, the minimum legal age for marriage for both sexes is 17 years, while anyone younger than 20 requires parental consent. A court may grant permission for children between 15 and 16 years to marry.

According to the UN International Children’s Emergency Fund (UNICEF), the country has the second-highest rate of child marriage in Southeast Asia. UNICEF further reported that one in seven Thai teens from 15 to 19 years, is married.

In the Muslim majority southernmost provinces, families may use Sharia (Islamic law) to allow marriages of young girls after their first menstrual cycle, with parental approval. According to media reports, public hospital records in Narathiwat Province indicated that 1,100 married teenage girls gave birth in 2016. In August an 11-year-old Thai girl was returned to Thailand after marrying a 41-year-old Malaysian man. They resided in northern Malaysia but were married in Thailand. Child rights advocates and journalists reported it was common for Malaysian men to cross into Southern Thailand to engage in underage marriages for which getting approval in Malaysia would be impossible or a lengthy process. In December the Islamic Committee of Thailand raised the minimum age for Muslims to marry from 15 to 17 years old. Under the new regulation, however, a Muslim younger than the age of 17 can still marry with a written court order or written parental consent, which will be considered by a special subcommittee of three members, of which at least one member must be a woman with knowledge of Islamic laws. Islamic law is used in place of the Civil Code for family matters and inheritance in the country’s predominantly Muslim southern provinces.

Sexual Exploitation of Children: The law provides heavy penalties for persons who procure, lure, compel, or threaten children younger than 18 years for the purpose of prostitution, with higher penalties for persons who purchase sexual intercourse with a child younger than 15. Authorities may punish parents who allow a child to enter into prostitution and revoke their parental rights. The law prohibits the production, distribution, import, or export of child pornography. The law also imposes heavy penalties on persons convicted of sexually exploiting persons younger than 18 years, including for pimping, trafficking, and other sexual crimes against children.

Child sex trafficking remained a problem and the country continued to be a destination for child sex tourism, although the government initiated new programs to combat the problem. Children from migrant populations, ethnic minorities, and poor families remained particularly vulnerable, and police arrested parents who forced their children into prostitution. Citizens and foreign sex tourists committed pedophilia crimes, including the commercial sexual exploitation of children.

The government made efforts throughout the year to combat the sexual exploitation of children, including opening two new child advocacy centers in Pattaya and Phuket that allow for developmentally appropriate interviews of child victims and witnesses. The centers allowed both forensic interviewing and early social service intervention in cases of child abuse, trafficking, and exploitation. The multiagency Thailand Internet Crimes against Children Task Force also accelerated its operations, leveraging updated regulations and investigative methods to track internet-facilitated child exploitation.

Displaced Children: Authorities generally referred street children to government shelters located in each province, but foreign undocumented migrants avoided the shelters due to fear of deportation. The government generally sent citizen street children to school, occupational training centers, or back to their families with social worker supervision. The government repatriated some street children who came from other countries.

Institutionalized Children: There were limited reports of abuse in orphanages or other institutions.

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 https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

The resident Jewish community is very small, and there were no reports of anti-Semitic acts. During the year Nazi symbols and figures were sometimes displayed on merchandise and used in advertising.

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 2017 constitution prohibits discrimination based on disability and physical or health conditions. The Persons with Disabilities and Empowerment Act establishes the National Commission for the Promotion and Development of Disabled Persons’ Life Quality and sets out its compositions, functions, and powers. The law also establishes an office to implement recommendations of the commission, as well as a fund to be managed by the Office for the Rehabilitation of Disabled Persons. The law provides tax benefits to employers employing a certain number of disabled persons. The tax revenue code provided special income tax deductions to promote employment of persons with disabilities. Some employers subjected persons with disabilities to wage discrimination.

The government modified many public accommodations and buildings to accommodate persons with disabilities, but government enforcement was not consistent. The law mandates persons with disabilities have access to information, communications, and newly constructed buildings, but authorities did not uniformly enforce these provisions. The law entitles persons with disabilities who register with the government to free medical examinations, wheelchairs, and crutches.

The government’s Community-based Rehabilitation Program and the Community Learning Center for People with Disabilities project operated in all provinces. The government provided five-year, interest-free, small-business loans for persons with disabilities.

The government maintained dozens of separate schools and education centers for students and persons with disabilities. The law requires all government schools nationwide to accept students with disabilities, and a majority of schools taught students with disabilities during the year. The government also operated shelters and rehabilitation centers specifically for persons with disabilities, including day-care centers for autistic children.

Disability rights organizations reported difficulty in accessing information about a range of public services, as well as political platforms in advance of elections.

In May the Disabilities Council, together with 100 activists, filed 430 complaints in the Central Administrative Court in Bangkok demanding financial compensation for the city hall’s failure to provide disabled-friendly access to the Bangkok Mass Transit System’s green electric train network. The Disabilities Council indicated Bangkok’s Metropolitan Administration failed to implement the Central Administrative Court ruling of January 2015, which stated that the company must upgrade 23 of its stations and improve access for persons with disabilities in all its train stations within one year after the ruling.

National/Racial/Ethnic Minorities

Two groups–former Chinese civil war belligerents and their descendants living in the country for several decades, and children of Vietnamese immigrants residing in 13 northeastern provinces–lived under laws and regulations restricting their movement, residence, education, and access to employment. A law confines the Chinese group to residence in the northern provinces of Chiang Mai, Chiang Rai, and Mae Hong Son.

Indigenous People

Noncitizen members of hill tribes faced restrictions on their movement, could not own land, had difficulty accessing bank credit, and faced discrimination in employment. Although labor laws give them the right to equal treatment as employees, employers often violated those rights by paying them less than their citizen coworkers and less than minimum wage. The law also limits noncitizens in their choice of occupations. The law further bars them from government welfare services, such as universal health care.

The law provides citizenship eligibility to certain categories of hill tribes who were not previously eligible (see section 2.d.). The government supported efforts to register citizens and educate eligible hill tribe members about their rights.

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

No laws criminalize expression of sexual orientation or consensual same-sex sexual conduct between adults.

The lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reported that police treated LGBTI victims of crime the same as other persons except in the case of sexual crimes, where there was a tendency to downplay sexual abuse or not to take harassment seriously.

The law does not permit transgender persons to change their gender on identification documents, which, coupled with societal discrimination, limited their employment opportunities.

The United Nations Development Program and NGOs reported that LGBTI persons experienced discrimination, particularly in rural areas. The United Nations Development Program also reported media represented LGBTI persons in stereotypical and harmful ways resulting in discrimination.

The Gender Equality Act prohibits discrimination “due to the fact that the person is male or female or of a different appearance from his or her own sex by birth.” The Act is the first law in Thailand to protect transgender students from discrimination. The country’s Third National Human Rights Plan 2014-2018 includes a “sub-human rights plan” on “persons with different sexual orientation/gender identities.”

NGOs and the United Nations reported transgender persons faced discrimination in various sectors, including in the military conscription process, while in detention, and because of strict school and university uniform policies, which require students to wear uniforms that align with their biological gender. If university or school uniform codes are not followed, students may be denied graduation documents, have their grades deducted, or both. In January the Gender Equality Act’s judicial committee ruled Chiang Mai University had discriminated against transgender students by not allowing them to wear uniforms that correspond to their identified gender in graduation ceremonies. Following the committee’s ruling, the individual students were allowed to wear uniforms that aligned with their identified gender, but the overall policy remained unchanged and in place.

The NHRCT provided advice and support to transgender individuals who faced discrimination during the military conscription process. The NHRCT also represented transgender individuals who faced discrimination in society, including a transgender person who was refused entry to a Bangkok pub.

There was some commercial discrimination based on sexual orientation and gender identity.

HIV and AIDS Social Stigma

Some social stigma remained for persons with HIV/AIDS despite intensive educational efforts by the government and NGOs. There were reports some employers refused to hire persons who tested positive for HIV.

Section 7. Worker Rights

The constitution provides that a person shall enjoy the liberty to unite and form an association, cooperative, union, organization, community, or any other group. The Labor Relations Act (LRA) and State Enterprise Labor Relations Act (SELRA) remained in effect. The LRA allows private-sector workers to form and join trade unions of their choosing without prior authorization, to bargain collectively, and to conduct legal strikes with a number of restrictions. Workers seeking to demonstrate or strike were subject to limits on assembly of more than five people under the 2015 Public Assembly Act and NCPO order No. 7/2014.

Legal definitions of who may join a union and requirements that the union represent at least one-fifth of the workforce hampered collective bargaining efforts. Under the law, only workers who are in the same industry may form a union. For example, despite working in the same factory, contract workers performing a manufacturing job function may be classified under the “service industry” may not join the same union as full-time workers who are classified under the “manufacturing industry.” This restriction often diminished the ability to bargain collectively as a larger group. Labor advocates claimed companies exploited this required ratio to avoid unionization by hiring substantial numbers of temporary contract workers. The law also restricts formal affiliations between unions of state-owned enterprises (SOE) and private-sector unions because two separate laws govern them. Therefore, workers in state-owned aviation, banking, transportation, and education enterprises may not affiliate formally with workers in similar jobs in private sector enterprises.

The law allows employees to submit collective demands if at least 15 percent of employees are listed as supporting that demand. The law allows employees in private enterprises with more than 50 workers to establish “employee committees” to represent workers’ collective requests and to negotiate with employers and “welfare committees” to represent workers’ welfare-related collective requests. Employee and welfare committees may give suggestions to employers, but the law bars them from submitting labor demands or conducting legal strikes. The law prohibits employers from taking adverse employment actions against workers for their participation in these committees and from obstructing the work of the committees. Therefore, union leaders often join employee or welfare committees.

The SELRA allows one union per SOE. SOEs in the country included state banks, trains, airlines, airports, marine ports, and postal services. Under the law civil servants, including teachers at public and private schools, university professors, soldiers, and police, do not have the right to form or register a union; however, civil servants (including teachers, police, and nurses), and self-employed persons (such as farmers and fishers) may form and register associations to represent member interests. If a SOE union’s membership falls below 25 percent of the eligible workforce, regulations require dissolution of the union.

The law forbids strikes and lockouts in the public sector and at SOEs. The government has authority to restrict private-sector strikes that would affect national security or cause severe negative repercussions for the population at large, but it did not invoke this provision during the year.

Noncitizen migrant workers, whether registered or undocumented, do not have the right to form unions or serve as union officials. Registered migrants may be members of unions organized and led by citizens. Migrant worker participation in unions was limited due to language barriers, weak understanding of rights under the law, frequent changes in employment, membership fees, restrictive labor union regulations, and segregation of citizen workers from migrant workers by industry and by zones (particularly in border and coastal areas). In practice thousands of migrant workers formed unregistered associations, community-based organizations, or religious groups to represent member interests.

The law does not protect union members against antiunion actions by employers until their union is registered. To register a union, at least 10 workers must submit their names to the Department of Labor Protection and Welfare (DLPW). The verification process of vetting the names and employment status with the employer exposes the workers to potential retaliation before registration is complete. Moreover, the law requires that union officials be full-time employees of the company or SOE and prohibits permanent union staff.

The law protects employees and union members from criminal or civil liability for participating in negotiations with employers, initiating a strike, organizing a rally, or explaining labor disputes to the public. The law does not protect employees and union members from criminal charges for endangering the public or for causing loss of life or bodily injury, property damage, and reputational damage. The law does not prohibit lawsuits intended to censor, intimidate, or silence critics through costly legal defense.

The law prohibits termination of employment of legal strikers but permits employers to hire workers or use subcontract workers to replace strikers. The legal requirement to call a general meeting of trade union members and obtain strike approval by at least 50 percent of union members constrained strike action, particularly in the face of the common manufacturing practice of shift work at most factories, made it more difficult to achieve a quorum of union members. The law provides for penalties, including imprisonment, a fine, or both, for strikers in SOEs.

Labor law enforcement was inconsistent, and in some instances ineffective, in protecting workers who participated in union activities. Employers may dismiss workers for any reason except participation in union activities, provided the employer pays severance. There were reports of workers dismissed for engaging in union activities, both before and after registration, and, in some cases, labor courts ordered workers reinstated. Labor courts or the Labor Relations Committee may make determinations on complaints of unfair dismissals or labor practices and may require compensation or reinstatement of workers or union leaders with wages and benefits equal to those received prior to dismissal. The Labor Relations Committee is comprised of representatives of employers, government, and workers groups, and there are associate labor court judges who represent workers and employers. There were reports employers attempted to negotiate terms of reinstatement after orders were issued, offering severance packages for voluntary resignation, denying reinstated union leaders access to work, or demoting workers to jobs with lower wages and benefits.

In some cases judges awarded compensation in lieu of reinstatement when employers or employees claimed they could not work together peacefully; however, authorities rarely applied penalties for conviction of labor violations, which include imprisonment, a fine, or both. International organizations reported DLPW leadership increasingly promoted good industrial relations and enforcement during inspector training across the country. Labor inspection increasingly focused on high-risk workplaces and the use of intelligence from civil society partners. Trade union leaders suggested that inspectors should move beyond perfunctory document reviews toward more proactive work site inspections. Rights advocates reported that provincial-level labor inspectors often attempted to mediate cases, even when there was a finding that labor rights violations requiring penalties occurred.

There were reports employers used various techniques to weaken labor union association and collective bargaining efforts. These included replacing striking workers with subcontractors, which the law permits when strikers continue to receive wages; delaying negotiations by failing to show up at Labor Relations Committee meetings or sending nondecision makers to negotiate; threatening union leaders and striking workers; pressuring union leaders and striking workers to resign; dismissing union leaders, citing business reasons; violation of company rules, or negative attitudes toward the company; prohibiting workers from demonstrating in work zones; and inciting violence to get a court warrant to prohibit protests. For example, an automotive company, upon reinstating nine union members who had been locked out since 2014, transferred the workers to distant work locations and reduced their pay to the minimum wage. There were reports that a firm and union workers reached impasse on collective bargaining arbitration with the Ministry of Labor and locked out workers after they went on strike. After workers conceded to most of the company’s proposals, the company forced the locked-out workers to attend a four-day camp at a military base to “learn discipline and order,” undergo five days of training by an external human resources firm, where they were expected to “reflect on their wrongdoing,” one day of cleaning old people’s homes to “earn merit,” and three days at a Buddhist temple, with no regard for their religious beliefs. The workers were also made to post apologies to the company on their personal social media accounts.

In some cases employers filed lawsuits against union leaders and strikers for trespassing, defamation, and vandalism. For example, during the year private companies pursued civil and criminal lawsuits against union leaders, including civil damages for allegations of disruption of production lines due to illegal strikes, trespassing, and civil and criminal defamation. Human rights defenders said these lawsuits, along with unfair dismissal of union leaders, and were used by employers to attempt to camouflage or justify antiunion activities or other efforts to promote workers’ rights; such tactics had a chilling effect on freedoms of expression and association (also see section 7.b.).

During the year there were reports some employers transferred union leaders to other branches to render them ineligible to participate in employee or welfare committees and then dismissed them. Some employers also transferred union leaders and striking workers to different, less desirable positions or inactive management positions (with no management authority) to prevent them from leading union activities. There were reports some employers supported the registration of competing unions to circumvent established unions that refused to accept the terms of agreement proposed by employers.

There were also reports government officers interrupted collective bargaining and association efforts of public hospital and social security office workers who demanded increased wages and welfare benefits for temporary employees.

The law prohibits forced or compulsory labor, except in the case of national emergency, war, martial law, or imminent public calamity. The prescribed penalties for human trafficking were sufficiently stringent to deter violations. Rights groups and international organizations continued to call, however, for a more precise legal definition of forced labor and penalties equivalent to those in the Criminal Code and the Anti Trafficking in Persons Act. They noted a clearer and more comprehensive legal definition of forced labor could address challenges in applying existing anti-human-trafficking laws to forced labor cases, particularly when physical indicators of forced labor are not present.

The government did not effectively enforced the law in all sectors.

Government and NGOs continued to report forced labor in the fishing sector; however, an International Labor Organization (ILO) report published in March found considerable decline in worker claims of abuses such as intimidation and violence on short-haul fishing boats and seafood processing facilities. The study also pointed to declines in some indicators of forced labor, including non- or underpayment of wages, document holding, and lack of contracts. NGOs acknowledged a decline in the most severe forms of labor exploitation in the fishing sector, although they pointed to persistent weaknesses in enforcing labor laws. The government and NGOs noted efforts to regulate the fishing industry, document migrant workers, and improve inspections had contributed to improvements in the sector. There are anecdotal reports that forced labor continued in agriculture, domestic work, and forced begging.

Labor rights groups reported indicators of forced labor among employers who sought to prevent migrant workers from changing jobs through delayed payment of wages, incurred debt, and spurious accusations of stealing or embezzlement.

Private companies pursued civil and criminal lawsuits against labor leaders, including accusing workers of civil and criminal defamation (also see section 7.a.). In July the Bangkok Magistrate Court dismissed criminal defamation charges filed by an employer against 14 Burmese poultry workers. The employer filed the criminal defamation charges in response to the workers filing a complaint with the NHRCT alleging they were victims of forced labor. In 2017 a civil labor court ordered the employer to pay the workers 1.7 million baht ($51,100) in unpaid wages, plus unpaid overtime and holiday pay. In 2017 the Supreme Court upheld the labor court’s decision; as of the end of the year the employer had not yet provided compensation. In December the employer brought new criminal defamation charges against another rights organization, which had raised concerns over the defamation charges against the workers and other rights defenders. In September the Lopburi Provincial Court dismissed related criminal theft charges the employer brought against the workers for alleged theft of the workers’ timecards; the court found the employer failed to provide sufficient evidence that the workers had stolen their timecards.

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

The law regulates the employment of children younger than 18 years and prohibits employment of children younger than 15. Children younger than 18 years are prohibited from work in an activity involving metalwork, hazardous chemicals, poisonous materials, radiation, and harmful temperatures or noise levels; exposure to toxic microorganisms; operation of heavy equipment; and work underground or underwater. The law also prohibits children younger than 18 years from work in hazardous workplaces, such as slaughterhouses, gambling establishments, places where alcohol is sold, massage parlors, entertainment venues, sea fishing vessels, and seafood processing establishments. The law provides limited coverage to child workers in some informal sectors, such as agriculture, domestic work, and home-based businesses. Self-employed children and children working in nonemployment relationships are not protected under national labor law, but they are protected under the Child Protection Act and the third amendment of the Antitrafficking in Persons Act of January.

Penalties for violations of the law may include imprisonment or fines, and were sufficient to deter violations. Parents who the court finds were “driven by unbearable poverty” can be exempt from penalties.

Government and private-sector entities, particularly medium and large manufacturers, advocated against the use of child labor through public awareness campaigns and conducted bone-density checks or dental age to identify potentially underage job applicants. Such tests were not, however, always accurate. Labor inspectors used information from civil society to target inspections for child labor and forced labor. In 2017 the DLPW recorded 103 cases of child labor violations (compared to 71 cases in 2016) and collected approximately 1.5 million baht ($46,000) in fines.

Some civil society and international organizations reported fewer cases of child labor in manufacturing, fishing, shrimping, and seafood processing. They attribute the decline to legal and regulatory changes in 2014 that expanded the number of hazardous job categories in which children younger than 18 years are prohibited from working and in 2017 that increased penalties for employing child laborers.

NGOs reported, however, that some children from Thailand, Burma, Cambodia, Laos, and ethnic minority communities were engaged in labor in informal sectors and small businesses, including farming, home-based businesses, restaurants, street vending, auto services, food processing, construction, domestic work, and begging. Some children engaged in the worst forms of child labor, including in commercial sexual exploitation, child pornography, forced child begging, and production and trafficking of drugs (see section 6, Children). The Thailand Internet Crimes against Children task force became a stand-alone unit in 2017 with its own budget and administrative personnel; the number of officers assigned to the task force team increased in an effort to counter the commission of online crimes against children.

The DLPW is the primary agency charged with enforcing child labor laws and policies. In 2017 labor inspectors increased the number of inspections; 84 percent were unannounced and targeted to high-risk sectors for child labor, including seafood processing, garment, manufacturing, agriculture and livestock, construction, gas stations, restaurants, and bars. Violations included employing underage child labor in hazardous work, unlawful working hours, and failure to notify the DLPW of employment of child workers.

Observers noted several limiting factors in effective enforcement of child labor laws, including insufficient number of labor inspectors, insufficient number of interpreters during labor inspections, ineffective inspection procedures for the informal sector or hard-to-reach workplaces (such as private residences, small family-based business units, farms, and fishing boats), and lack of official identity documents or birth certificates among young migrant workers from neighboring countries. Moreover, a lack of public understanding of child labor laws and standards was also an important factor. The government conducted a nationally representative working child survey during the year; the data had not been released at year’s end.

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 did not specifically prohibit discrimination in the workplace. The law does impose penalties of imprisonment, fines, or both for anyone committing gender or gender identity discrimination, including in employment decisions. Another law requires workplaces with more than 100 employees to hire at least one worker with disabilities for every 100 workers.

Discrimination with respect to employment occurred against LGBTI persons, women, and migrant workers (also see section 7.e.). Government regulations require employers to pay equal wages and benefits for equal work, regardless of gender. Union leaders stated the wage differences for men and women were generally minimal and were mostly due to different skills, duration of employment, types of jobs, as well as legal requirements, which prohibit the employment of women in hazardous work. Nonetheless, a 2016 ILO report on migrant women in the country’s construction sector found female migrant workers consistently received less than their male counterparts, and more than one-half were paid less than the official minimum wage, especially for overtime work.

Union leaders reported pregnant women were dismissed unfairly, although reinstatements occurred after unions or NGOs filed complaints. In May, for example, the Eastern Labor Union Group, an affiliate of the Thai Labor Solidarity Committee, helped a pregnant woman to file a grievance with the Rayong provincial labor protection and welfare office alleging that her employer had forced her to resign. She was reinstated.

In September the police cadet academy announced it would no longer admit female cadets. This decision was widely criticized as discriminatory and detrimental to the ability of the police force to identify some labor violations against women. Discrimination against persons with disabilities occurred in employment, access, and training.

Persons of diverse sexual orientations and gender identities faced frequent discrimination in the workplace, partly due to common prejudices and a lack of protective laws and policies on discrimination. Transgender workers reportedly faced even greater constraints, and their participation in the workforce was often limited to a few professions, such as cosmetology and entertainment.

Effective January 1 there were seven rates of daily minimum wage depending on provincial cost of living, ranging from 308 baht ($9.26) to 330 ($9.93) baht. This daily minimum wage was three times higher than the government-calculated poverty line of 2,667 baht ($80) per month, last calculated in 2016.

The maximum workweek by law is 48 hours, or eight hours per day over six days, with an overtime limit of 36 hours per week. Employees engaged in “dangerous” work, such as chemical, mining, or other industries involving heavy machinery, may work a maximum of 42 hours per week and may not work overtime. Petrochemical industry employees may not work more than 12 hours per day but may work continuously for a maximum period of 28 days.

The law requires safe and healthy workplaces, including for home-based businesses, and prohibits pregnant women and children younger than 18 from working in hazardous conditions. The law also requires the employer to inform employees about hazardous working conditions prior to employment. Workers do not have the right to remove themselves from situations that endangered health or safety without jeopardy to their employment.

Legal protections do not apply equally to all sectors. For example, the daily minimum wage does not apply to employees in the public sector, SOEs, domestic work, nonprofit work, and seasonal agricultural work. Ministerial regulations provide household domestic workers some protections regarding leave, minimum age, and payment of wages, but they do not address minimum wage, regular working hours, social security, or maternity leave.

A large income gap remained between formal and informal employment, with workers in nonagricultural sectors earning an average of three times more than those in the agricultural sector. According to government statistics, 55 percent of the labor force worked in the informal economy, with limited protection under labor laws and the social security system.

There were reports daily minimum wages, overtime, and holiday pay regulations were not well enforced in small enterprises, in some areas (especially rural or border areas), or in some sectors (especially agriculture, construction, and sea fishing). Labor unions estimated 5-10 percent of workers received less than the minimum wage; however, the share of workers who received less than minimum wage was likely higher among unregistered migrant workers. Unregistered migrant workers rarely sought redress under the law due to their lack of legal status to work and live in the country legally and the fear of losing their livelihood.

The DLPW enforces laws related to labor relations and occupational safety and health. The law subjects employers to fines and imprisonment for minimum wage noncompliance, but enforcement was inconsistent. There were reports many cases of minimum wage noncompliance went to mediation in which workers agreed to settlements for owed wages lower than the daily minimum wage.

Convictions for violations of occupational safety and health (OSH) regulations include imprisonment and fines; however, the number of OSH experts and inspections was insufficient, with most inspections taking place in reaction to complaints. Union leaders estimated only 20 percent of workplaces, mostly large factories for international companies, complied with government OSH standards.

Medium and large factories often applied government health and safety standards, but overall enforcement of safety standards was lax, particularly in the informal economy and smaller businesses. NGOs and union leaders noted the main factors for ineffective enforcement as an insufficient number of qualified inspectors, overreliance on document-based inspection (instead of workplace inspection), lack of protection for workers’ complaints, lack of interpreters, and failure to impose effective penalties on noncompliant employers. The Ministry of Labor hired and trained more inspectors and foreign language interpreters. The foreign language interpreters were assigned primarily to fishing port inspection centers and multidisciplinary human-trafficking teams.

The country provides universal health care for all citizens, and social security and workers’ compensation programs to insure employed persons in cases of injury or illness and to provide maternity, disability, death, child allowance, unemployment, and retirement benefits. Registered migrant workers in both the formal and informal labor sectors and their dependents are also eligible to buy health insurance from the Ministry of Public Health.

NGOs reported many construction workers, especially subcontracted workers and migrant workers, were not in the social security system or covered under the workers’ compensation program, despite requirements of the law. While the social security program is mandatory for employed persons, it excludes workers in the informal sector such as domestic work, seasonal agriculture, and fishing. Workers employed in the informal sector, temporary or seasonal employment, or self-employed may also contribute voluntarily to the workers’ compensation program and receive government matching funds.

NGOs reported several cases of denial of government social security and accident benefits to registered migrant workers due to employers’ failure to fulfill mandatory contribution requirements or because of migrant workers’ failure to pass nationality verification. Compensation for work-related illnesses was rarely granted because the connection between some illnesses (such as respiratory disease, anemia, or vitamin B deficiency) and the workplace was often difficult to prove.

Workers in the fishing industry were often deemed seasonal workers and therefore not required by law to have access to social security and workers’ compensation; however, the government requires registered migrant workers to buy health insurance. The lack of sufficient occupational safety and health training, inspections by OSH experts, first aid, and reliable systems to ensure timely delivery of injured workers to hospitals after serious accidents exacerbated the vulnerability of fishery workers. NGOs reported several cases of migrant workers who received only minimal compensation from employers after becoming disabled on the job.

NGOs reported poor working conditions and lack of labor protections for migrant workers, including those near border-crossing points. In July the Royal Ordinance Concerning the Management of Foreign Workers’ Employment to regulate the employment, recruitment, and protection of migrant workers, went into full effect. The decree provides for civil penalties for employing or sheltering unregistered migrant workers, while strengthening worker protections by prohibiting Thai employment brokers and employers from charging migrant workers additional fees for recruitment. The decree also bans subcontracting and prohibits employers from holding migrant worker documents. It also outlaws those convicted of labor and anti-trafficking-in-persons laws from operating employment agencies. During the first six months of the year, the government worked with the governments of Burma, Cambodia, and Laos to verify identity documents and issue work permits for more than one million migrant workers from those countries.

Labor brokerage firms used a “contract labor system” under which workers sign an annual contract. By law businesses must provide contract laborers “fair benefits and welfare without discrimination”; however, employers often paid contract laborers less and provided fewer or no benefits.

NGOs noted local moneylenders, mostly informal, offered loans at exorbitant interest rates so citizen workers looking for work abroad could pay recruitment fees, some as high as 500,000 baht ($15,000). Department of Employment regulations limit the maximum charges for recruitment fees, but effective enforcement of the rules remained difficult and inadequate; effective enforcement was hindered by workers’ unwillingness to provide information and the lack of legal documentary evidence regarding underground recruitment and documentation fees and migration costs. Exploitative employment service agencies persisted in charging citizens working overseas large, illegal fees that frequently equaled their first- and second-year earnings.

In 2017, the latest year for which data were available, there were 86,278 reported incidents of diseases and injuries from workplace accidents. The Social Security Office reported most serious workplace accidents occurred in manufacturing, wholesale retail trade, construction, transportation, hotels, and restaurants. Observers said workplace accidents in the informal and agricultural sectors and among migrant workers were underreported. Employers rarely diagnosed or compensated occupational diseases, and few doctors or clinics specialized in them.

Timor-Leste

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

Women

Rape and Domestic Violence: Rape, including marital rape, is a crime punishable by up to 20 years in prison. The law broadly covers all forms of domestic violence. Penalties for “mistreatment of a spouse” include two to six years’ imprisonment; however, prosecutors frequently used a different article in domestic violence cases (“simple offenses against physical integrity”), which carries a sentence of up to three years in prison.

Failures to investigate or prosecute cases of alleged rape and sexual abuse were common. The PNTL’s vulnerable persons units generally handled cases of domestic violence and sexual crimes, but they did not have enough staff to provide a significant presence in all areas of the country.

Nevertheless, the formal justice system addressed an increasing number of reported domestic and sexual abuse cases. According to the Office of the Prosecutor General, domestic violence offenses were the second-most commonly charged crimes in the criminal justice system, after simple assault. Prosecutors, however, routinely charged cases involving aggravated injury and use of deadly weapons as low-level simple assaults. Judicial observers also noted judges were lenient in sentencing in domestic violence cases. Several NGOs criticized the failure to issue protection orders and overreliance on suspended sentences, even in cases involving significant bodily harm.

Police, prosecutors, and judges routinely ignored many parts of the law that protect victims. NGOs noted that fines paid to the court in domestic violence cases often came from shared family resources, hurting the victim economically.

Gender-based violence remained a serious concern. In 2016 an Asia Foundation study found that 59 percent of girls and women between ages 15 and 49 had experienced sexual or physical violence at the hands of an intimate partner and that 14 percent of girls and women had been raped by someone other than a partner. In this context, local NGOs viewed the law as having a positive effect by encouraging victims of domestic violence to report their cases to police.

The Ministry of Social Solidarity and Inclusion is charged with assisting victims of domestic violence. Due to staff shortages, the ministry had difficulty responding to all cases. To deal with this problem, the ministry worked closely with local NGOs and service providers to offer assistance. Local NGOs dependent on budget transfers from the government reduced their activities because of a nine-month delay in approving the state budget for the year.

Sexual Harassment: The labor code prohibits sexual harassment in the workplace, but workplace and public harassment reportedly was widespread. Relevant authorities processed no such cases during the year (see section 7.d.).

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

Discrimination: The constitution states, “women and men shall have the same rights and duties in all areas of family life and political, economic, social, cultural life,” but it does not specifically address discrimination. Some customary practices discriminate against women, including traditional inheritance systems that tend to exclude women from land ownership.

Some communities continued to practice the payment of a bride price as part of marriage agreements (barlake); this practice has been linked to domestic violence and to the inability to leave an abusive relationship. Some communities also continued the practice of forcing a widow either to marry one of her husband’s family members or, if she and her husband did not have children together, to leave her husband’s home.

The secretary of state for equality and inclusion is responsible for the promotion of gender equality. More than 30 NGOs focused and collaborated on women’s issues. Early in the parliamentary election campaign, this advocacy network signed pacts with the leaders of major political parties to uphold and defend the rights of women and children in the program for the new government.

Children

Birth Registration: Children acquire citizenship by birth in the country or from a citizen parent or grandparent. A central civil registry lists a child’s name at birth and issues birth certificates. Birth registration rates are high, with no discernible difference in the rates of registration for girls and boys. While access to services such as schooling does not depend on birth registration, it is necessary to acquire a passport. Registration later in life requires only a reference from the village chief.

Education: The constitution stipulates that primary education shall be compulsory and free. The law requires nine years of compulsory education beginning at age six; however, there is no system to ensure that the provision of education is free. Public schools were tuition free, but students paid for supplies and uniforms. According to 2017 government statistics, the net access rate for primary education was 88 percent, while the net access rate for secondary education was 32 percent. Nonenrollment was substantially higher in rural than in urban areas. While initial attendance rates for boys and girls were similar, girls often were forced to leave school if they became pregnant and faced difficulty in obtaining school documents or transferring schools. Lack of sanitation facilities at some schools also led some girls to drop out upon reaching puberty. Overall, women and girls had lower rates of education than men and boys.

Child Abuse: The law protects against child abuse; however, abuse in many forms was common. Sexual abuse of children remained a serious concern. Despite widespread reports of child abuse, few cases entered the judicial system. Observers criticized the courts for handing down shorter sentences than prescribed by law in numerous cases of sexual abuse of children during the year. Incest between men and children in their immediate and extended family was a serious problem, and civil society organizations called for laws to criminalize it as a separate crime. Victims of incest faced a range of challenges such as limited information on the formal justice system, limited protection for the victims, threats and coercion from defendants, and social stigmatization from the family and community. A local NGO monitored 49 cases of incest between 2012 and May 2018 and claimed the actual number was far higher.

While the Ministry of Education has a zero tolerance policy for corporal punishment, there is no law on the issue, and reports indicated the practice was common.

Early and Forced Marriage: Although a marriage cannot be registered until the younger spouse is at least age 16, cultural, religious and civil marriages were recognized in the civil code. Cultural pressure to marry, especially if a girl or woman becomes pregnant, was strong. Underage couples cannot officially marry, but they are often married de facto once they have children together. Forced marriage rarely occurred, although reports indicated that social pressure sometimes encouraged victims of rape to marry their attacker or persons to enter into an arranged marriage when a bride price was paid. According to the most recent information from UNICEF (2015), an estimated 19 percent of girls married prior to the age of 18.

Sexual Exploitation of Children: Sexual assault against children was a significant, but largely unaddressed, problem. The age of consent is 14, according to the Penal Code. Some commercial sexual exploitation of children also occurred. The penal code makes sexual conduct by an adult with anyone younger than age 17 a crime and increases penalties when such conduct involves victims younger than age 14. The penal code also makes both child prostitution and child pornography crimes. It defines a “child” for purposes of those provisions as a “minor less than 17 years of age.” The penal code also criminalizes abduction of a minor.

There were reports that child victims of sexual abuse were sometimes forced to testify in public fora despite a witness protection law that provides for video link or other secure testimony.

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

Anti-Semitism

There was no indigenous 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

The constitution grants equal rights to and prohibits discrimination against persons with disabilities in addition to requiring the state to protect them. No specific legislation addresses the rights or support of persons with disabilities.

The Ministry of Social Solidarity and Inclusion is responsible for protecting the rights of persons with disabilities. The Ministry of Health is responsible for treating mental disabilities. In many municipalities, children with disabilities were unable to attend school due to accessibility problems. The Council of Ministers approved a national inclusive education policy; however, the government did not implement the policy during the year. Schools lacked wheelchair access and other infrastructure for inclusive education, according to a national disabilities NGO.

Electoral regulations provide accommodations, including personal assistance, to enable persons with disabilities to vote. Civil society election monitors and the National Election Commission identified inconsistencies in the accessibility of polling places and accommodations for voters with disabilities in the May parliamentary elections.

Service providers noted domestic violence and sexual assault against persons with disabilities was a growing concern. They indicated the police and judiciary were slow to respond to such incidents. Persons with mental disabilities accused of crimes are entitled to special protections by law.

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

The constitution and law are silent on same-sex relations and other matters of sexual orientation and gender identity. The PDHJ worked with civil society organization CODIVA (Coalition on Diversity and Action) to increase awareness in the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community of processes available for human rights complaints. While physical abuse in public or by public authorities was uncommon, LGBTI persons were often verbally abused and discriminated against in some public services, including medical centers. CODIVA noted transgender members of the community were particularly vulnerable to harassment and discrimination. A 2017 study conducted for Rede Feto, a national women’s advocacy network, with lesbian and bisexual women and transgender men in Dili and Bobonaro documented the use by family members of corrective rape, physical and psychological abuse, ostracism, discrimination, and marginalization against LGBTI individuals.

Access to education was limited for some LGBTI persons who were removed from the family home or who feared abuse at school. Transgender students were more likely to experience bullying and drop out of school at the secondary level.

In July members of civil society groups organized Timor-Leste’s second-ever Pride March in Dili. The march included participation from civil society, students, activists, nuns, and government officials and represented progress towards exercising freedom of association for all persons.

HIV and AIDS Social Stigma

The National AIDS Commission is responsible for providing information and programming on HIV/AIDS; however, no government body was tasked with providing specific services. According to civil society organizations, HIV and AIDS patients experienced social stigma and were ostracized by their families and communities.

Section 7. Worker Rights

The law provides for the rights of workers to form and join unions of their choosing, to strike, and to bargain collectively. The law prohibits dismissal or discrimination for union activity, and it allows for financial compensation in lieu of reinstatement. The law prohibits foreign migrant workers from participating in the leadership of trade unions, but does not restrict their membership. The law does not apply to workers in family-owned agricultural or industrial businesses used primarily for subsistence.

There are official registration procedures for trade unions and employer organizations. Workers employed by companies or institutions that provide “indispensable social needs” such as pharmacies, hospitals, or telecommunications firms are not barred from striking, but they are “obliged to ensure the provision of minimal services deemed indispensable” to satisfy public needs during a strike. The law allows the Council of Ministers to suspend a strike if it affects public order. The law prohibits employer lockouts.

The State Secretariat for Professional Education and Employment is charged with implementing the labor code and labor dispute settlement. The government lacked sufficient resources and skilled staff to enforce the right to freedom of association adequately. The trade union confederation registered 164 complaints of alleged violations of labor rights between January and July. Many disputes involved employees who alleged dismissal without cause or firing upon returning from sick or maternity leave. According to the trade union confederation, many workers were fired because of a lack of government contracts to the private sector during a protracted political impasse that left the country without a state budget from January to September.

Violations of the labor code are punishable by fines and other penalties, but they are not sufficient to deter violations. Alleged violations included failure to provide maternity benefits, nonpayment of wages, and unfair dismissal. The trade union confederation alleged that the State Secretariat for Professional Education and Employment’s mediation procedures favored the employer.

Workers’ organizations were generally independent and operated without interference from government or employers. Unions may draft their own constitutions and rules and elect their representatives. The majority of workers were employed in the informal sector, resulting in a large nonunionized work force. Attempts to organize workers were slow since workers generally lacked experience negotiating contracts and engaging in collective bargaining.

The penal code prohibits and criminalizes enslavement. The penal code also considers forced labor and deceptive hiring practices to be a form of human trafficking. The secretary of state for youth and labor acknowledged having insufficient human and financial capacity to enforce the laws. The law prescribes imprisonment penalties; however, these were not sufficient to deter violations.

The Law on Preventing and Combating Human Trafficking prescribes fines, judicial dissolution, and asset forfeiture as penalties, and authorizes compensation of victims. The Interagency Working Group to Combat Human Trafficking conducted training sessions for law enforcement and met twice during the year. Government officials and UN agencies cited a lack of resources and nine months without an approved state budget as obstacles to fully implementing the national action plan.

Forced labor by adults and children occurred (see section 7.c.), but it was not widespread. Timorese women, girls, and occasionally young men and boys from rural areas who came to Dili in pursuit of better educational and employment prospects were in some instances subjected to domestic servitude. Timorese family members placed children in bonded household and agricultural labor, primarily in domestic rural areas, to pay off family debts.

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

The law prohibits child labor and specifically prohibits children younger than age 15 from working, except in “light work” and in vocational training programs for children between ages 13 and 15. The labor law specifically outlaws all of the worst forms of child labor and prohibits minors (persons younger than age 17) from all forms of hazardous work, a definition that leaves 17-year-olds vulnerable to child labor and exploitation. The government generally did not enforce child labor laws outside the capital. The labor code does not apply to family-owned businesses operated for subsistence, the sector in which most children worked. The government has not adopted a list of prohibited hazardous work.

The Ministry of Social Solidarity and Inclusion, the Secretariat of State for Professional Education and Employment, and the PNTL are responsible for enforcing child labor law. A lack of child labor professionals at the Secretariat of State for Professional Education and Employment hindered proper enforcement. The number of labor inspectors was inadequate to investigate child labor cases and enforce the law, particularly in rural areas where child labor in the agriculture sector is prevalent. Penalties for child labor and forced labor violations may include fines and imprisonment; however, they were insufficient to deter violations.

Child labor in the informal sector was a problem, particularly in agriculture, street vending, and domestic service. Children in rural areas continued to engage in dangerous agricultural activities, such as cultivating and processing coffee in family-run businesses, using dangerous machinery and tools, carrying heavy loads, and applying harmful pesticides. In rural areas, heavily indebted parents sometimes put their children to work as indentured servants to settle debts. If the child is a girl, the receiving family could also demand any bride price payment normally owed to the girl’s parents. Children were also employed in fishing, with some working long hours, performing physically demanding tasks, and facing dangerous conditions.

There were some reports of commercial sexual exploitation of children (also 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 law prohibits discrimination in employment or occupation, although it does not specifically prohibit such discrimination based on sexual orientation. The code also mandates equal pay. The government did not effectively enforce the code’s provisions.

Employers may only require workers to undergo medical testing, including HIV testing, with the worker’s written consent. Work visa applications require medical clearance.

Discrimination against women reportedly was common throughout the government, but it sometimes went unaddressed. NGO workers noted this was largely due to lack of other employment opportunities and fear of retaliation among victims. Women also were disadvantaged in pursuing job opportunities due to cultural norms, stereotypes, and an overall lower level of qualifications or education. Some reported that pregnant women did not receive maternity leave and other protections guaranteed by the labor code.

The legally set minimum monthly wage was $115 (the U.S. dollar is the legal currency). The official national poverty level was $1.00 per day.

The labor code provides for a standard workweek of 44 hours. Overtime cannot exceed 16 hours per week, except in emergencies, which the labor code defined as “force majeure or where such work is indispensable in order to prevent or repair serious damages for the company or for its feasibility.” The law sets minimum standards for worker health and safety. The law provides explicitly for the right of pregnant women and new mothers to stop work that might harm their health without a cut in pay. It does not provide other workers the right to leave a hazardous workplace without threat of dismissal. The law requires equal treatment and remuneration for all workers, including legally employed foreign workers.

The State Secretariat for Professional Education and Employment acknowledged that it lacked inspectors and resources to enforce labor standards effectively. Nine months without an approved state budget also hindered the government’s ability to perform inspections, particularly outside Dili.

The law, including legislation pertaining to hazardous work, does not apply to the informal sector. According to data from the Ministry of Finance, the informal sector employed 72 percent of the workforce. Domestic workers, a large percentage of the working population, especially of working women, were inadequately protected and particularly vulnerable to exploitative working conditions, with many receiving less than minimum wage for long hours of work.

The labor code does not assign specific penalties or fines for violations of wage, hour, or occupational health and safety laws. Labor unions criticized inspectors for visiting worksites infrequently and for only discussing labor concerns with managers during inspections.

According to a local union, the government lacked the political will and institutional capacity to implement and enforce the labor code fully, and violations of minimum safety and health standards were common, particularly in the construction industry.

Togo

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

Women

Rape and Domestic Violence: The law criminalizes rape, but authorities did not generally enforce it effectively. The law does not specifically address domestic violence. The law provides for five to 10 years’ imprisonment for conviction of rape and a fine of two million to 10 million CFA francs ($3,610 to $18,050). Conviction of spousal rape is punishable by up to 720 hours of community service and a fine of 200,000 to one million CFA francs ($361 to $1,805). A prison term for conviction of 20 to 30 years applies if the victim is younger than age 14, was gang raped, or if the rape resulted in pregnancy, disease, or incapacitation lasting more than six weeks. Neither the government nor any group compiled statistics on the incidence of rape or arrests for rape.

Domestic violence against women was widespread. Police generally did not intervene in abusive situations, and many women were not aware of the formal judicial mechanisms designed to protect them. Although there were no official efforts to combat rape and domestic violence, several NGOs actively educated women on their rights.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for girls and women. According to UNICEF data, FGM/C had been performed on 5 percent of girls and women between ages 15 and 49. The most common form of FGM/C was excision, usually performed a few months after birth.

Penalties for those convicted of FGM/C range from five to 10 years’ imprisonment as well as substantial fines; repeat offenders face longer sentences. The law was rarely enforced, however, because most cases occurred in rural areas where awareness of the law was limited or traditional customs among certain ethnic groups took precedence over the legal system. The practice was most common in isolated Muslim communities in the sparsely populated Central Region.

The government sponsored educational seminars on FGM/C. Several domestic NGOs, with international assistance, organized campaigns to educate women on their rights and on how to care for victims of FGM/C. NGOs also worked to create alternative labor opportunities for former FGM/C perpetrators.

For more information, see Appendix C.

Sexual Harassment: Sexual harassment was a problem. While the law states harassment is illegal and may be prosecuted in court, no specific punishment for conviction is prescribed, and authorities did not enforce the law.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. For additional information, see Appendix C.

Discrimination: Although by law women and men are equal, women experienced discrimination in education, pay, pension benefits, inheritance, and transmission of citizenship (see section 6, Children). In urban areas women and girls dominated market activities and commerce. Harsh economic conditions in rural areas, where most of the population lived, left women with little time for activities other than domestic tasks and agricultural fieldwork. While the formal legal system supersedes the traditional system, it is slow, distant, and expensive to access; rural women were effectively subject to traditional law.

There are no restrictions on women signing contracts, opening bank accounts, or owning property. Women did not experience formal-sector economic discrimination in access to employment, credit, or managing a business. By traditional law a wife has no maintenance or child support rights in the event of divorce or separation. The formal legal system provides inheritance rights for a wife upon the death of her husband. Polygyny was practiced and recognized by formal and traditional law.

Children

Birth Registration: According to the constitution, citizenship is derived either from birth within the country’s borders or, if abroad, from a Togolese parent. Conflicting nationality laws, however, discriminated against women. While the constitution provides that a child born of one citizen parent, be it the father or the mother, is a citizen, the nationality code states that a woman may pass her nationality to a child only if the father is stateless or unknown. The child code, however, has gender-neutral nationality provisions that conflict with the nationality code. For additional information, see Appendix C.

Authorities registered and issued birth certificates to approximately 80 percent of children, but the percentage was lower in rural areas. Birth certificates are required to obtain an identity card, which is needed to enroll in school, inherit or buy property, and travel outside the country.

Education: School attendance is compulsory for boys and girls until age 15, and the government provides tuition-free public education from nursery through primary school. Parents must pay for books, supplies, uniforms, and other expenses. There was near gender parity in primary school attendance. Girls were more likely than boys to complete primary school but less likely to attend secondary school.

Child Abuse: Child abuse was a widespread problem. While there is no statutory rape law, by law the minimum age of consensual sex is 16 for both boys and girls. The government worked with local NGOs on public awareness campaigns to prevent exploitation of children.

The government maintained a toll-free telephone service for persons to report cases of child abuse and to seek help. The service provided information on the rights of the child and legal procedures and access to social workers who could intervene in emergencies. The government worked with UNICEF to train teachers on children’s rights and included human rights education in elementary school curricula.

Early and Forced Marriage: The legal ages for marriage are 18 for girls and 20 for boys, although both may marry at younger ages with parental consent. For additional information, see Appendix C.

The government and NGOs engaged in a range of actions to prevent early marriage, particularly through awareness raising among community and religious leaders. The Ministries of Education, Gender, and Health led development of the National Program against Child Marriage and Teenage Pregnancy. Multiple initiatives focused on helping girls stay in school. Messages broadcast through mass media, particularly local radio, stressed avoiding early marriage and the importance of educating girls. For additional information, see Appendix C.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and provides penalties for those convicted of between one and five years’ imprisonment and fines of 100,000 to one million CFA francs ($180 to $1,805). For conviction of violations involving children younger than age 15, prison sentences may be up to 10 years. The law was not effectively enforced. The minimum age of consensual sex is 16 for boys and girls.

The law prohibits child pornography and penalties for conviction are five to 10 years’ imprisonment. The government conducted a survey and assessment of reports of child sex tourism in 2013 as part of its effort to address the problem of minors subjected to prostitution, but it had yet to release its findings.

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

Anti-Semitism

There is no known Jewish community, 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 law prohibits discrimination against persons with physical, mental, intellectual, and sensory disabilities, but the government did not effectively enforce these prohibitions. The law does not mandate accessibility to public or private facilities for persons with disabilities, although some public buildings had ramps. Children with disabilities attended schools at all levels, with some attending schools specifically for those with disabilities. Information regarding possible abuse in these facilities was unavailable. The law does not restrict the right of persons with disabilities to vote and participate in civic affairs, although lack of accessible buildings and transportation posed barriers.

The Ministry of Health, the Ministry of Education, and the Ministry of Social Action, Women’s Promotion, and Elimination of Illiteracy were responsible for protecting the rights of persons with disabilities. The Ministry of Social Action, Women’s Promotion, and Elimination of Illiteracy held awareness campaigns to fight discrimination and promote equality; it also distributed food and clothing and provided skills training to persons with disabilities.

National/Racial/Ethnic Minorities

Northern ethnic groups, especially the Kabye tribe, dominate the civil and military services, while southern ethnic groups, especially the Ewe, dominate the private commercial sector. Relative dominance was a recurring source of political tension.

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

The penal code prohibits “acts against nature committed with an individual of one’s sex,” widely understood as a reference to same-sex sexual activity. The law provides that a person convicted of engaging in consensual same-sex sexual activity may be sentenced to one to three years’ imprisonment and fined one million to three million CFA francs ($1,805 to $5,415), but the law was not enforced. On those occasions when police arrested someone for engaging in consensual same-sex sexual activity, the charge was usually for some other violation as justification for the arrest, such as disturbing the peace or public urination. The media code forbids promotion of immorality. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced societal discrimination in employment, housing, and access to education and health care. Existing antidiscrimination laws do not apply to LGBTI persons. No laws allow transgender persons to change gender markers on government-issued identity documents.

LGBTI groups could register with the Ministry of Territorial Affairs as health-related groups, particularly those focused on HIV/AIDS prevention. Activists reported violence against LGBTI persons was common, but police ignored complaints. Most human rights organizations, including the CNDH, refused to address LGBTI concerns.

HIV and AIDS Social Stigma

The law prohibits discrimination against persons infected with HIV/AIDS, and the government sponsored broadcasts aimed at deterring discrimination. Persons infected with HIV/AIDS, nonetheless, faced some societal discrimination, including reports of family members refusing to share eating utensils with infected persons.

Section 7. Worker Rights

The constitution and law provide for the right of workers, except security force members (including firefighters and police), to form and join unions and bargain collectively. Supporting regulations allow workers to form and join unions of their choosing.

Workers have the right to strike, although striking health-care workers may be ordered back to work if the government determines it necessary for the security and well-being of the population. While no provisions in the law protect strikers against employer retaliation, the law requires employers to obtain an authorizing judgment from the labor inspectorate before they may fire workers on strike. If employees are fired illegally, including for union activity, they must be reinstated and compensated for lost salary. The law creating the Export Processing Zone (EPZ) allows EPZ workers to form two unions but exempts companies within the EPZ from providing workers with many legal protections, including protection against antiunion discrimination with regard to hiring and firing.

The government generally enforced laws regarding freedom of association and the right to organize, particularly outside the EPZs. While the law provides that violation of the right to organize is a criminal offense, it does not provide for specific penalties or fines.

While the law prohibits all forms of forced or compulsory labor, the government did not enforce the law effectively. Investigations were infrequent because labor inspectors must pay for their own travel and lodging expenses without reimbursement. Penalties for conviction of violations included 10 to 20 years’ imprisonment and fines; they were sufficiently stringent.

Forced labor occurred. 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/.

The law prohibits the employment of children younger than age 15 in any enterprise or type of work and children younger than age 18 from working at night. It requires a daily rest period of at least 12 hours for all working children. The law does not include corresponding penalties. The minimum age for employment in hazardous work, such as some types of industrial and technical employment, is 18, with two exceptions for children ages 16 and 17. The law prohibits the employment of children in the worst forms of child labor, including trafficking, prostitution, pornography, and the use of children in armed conflict. The law, however, authorizes the employment of children ages 16 and older in other sectors likely to harm their health, safety, or morals.

The Ministry of Civil Service, Labor, and Administrative Reform is responsible for enforcing the prohibition against the worst forms of child labor. The ministry funded a center for abandoned children and worked with NGOs to combat child trafficking. The ministry continued to hold workshops in collaboration with UNICEF, the International Labor Organization, NGOs, labor unions, police, customs officials, and other partners to raise awareness of child labor in general and forced child labor in particular.

The government did not effectively enforce child labor laws. Legal penalties were insufficient to deter violations. Ministry inspectors enforced age requirements only in the formal sector in urban areas.

Child labor was a problem. Some children started work at age five and typically did not attend school for most of the school year. Children worked in both rural and urban areas, particularly in family-based farming and small-scale trading, and as porters and domestic servants. In some cases children worked in factories. In the agricultural sector, children assisted their parents with the harvesting of cotton, cocoa, and coffee. Children were involved in crop production, such as of beans and corn, for family consumption.

The most dangerous activity involving child labor was in quarries, where children assisted their parents in crushing rock by hand and carrying buckets of gravel on their heads. The government did not sanction such labor, and it occurred only in small, privately owned quarries. Reputable local NGOs reported that, while quarry work was a weekend and holiday activity for most children, some left school to work full time in the quarries.

In both urban and rural areas, particularly in farming and small-scale trading, very young children assisted their families. In rural areas parents sometimes placed young children into domestic work in other households in exchange for one-time fees as low as 12,500 to 17,500 CFA francs ($23 to $32).

Children sometimes were subjected to forced labor, primarily as domestic servants, porters, and roadside sellers. Children were also forced to beg. Employers subjected children to forced labor on coffee, cocoa, and cotton farms, as well as in rock quarries, domestic service, street vending, and begging. Children were trafficked into indentured servitude. Child sexual exploitation occurred (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 law prohibits discrimination in employment and occupation based on race, gender, disability, citizenship, national origin, political opinion, and language but does not specifically prohibit such discrimination based on sexual orientation, gender identity, and HIV-positive status or other communicable diseases. Penalties for violations include a fine of up to one million CFA francs ($1,805) and a sentence of up to six months in prison.

The government, in general, did not effectively enforce the law. Evidence of hiring discrimination ranged from job advertisements that specified gender and age to requiring an applicant’s photograph. Gender-based discrimination in employment and occupation occurred (see section 6, Women). Although the law requires equal pay for equal work regardless of gender, this provision generally was observed only in the formal sector.

By traditional law, which applies to the vast majority of women, a husband legally may restrict his wife’s freedom to work and may control her earnings.

Societal discrimination against persons with disabilities was a problem. Discrimination against migrant workers also occurred.

Representatives of the government, labor unions, and employers negotiate and endorse a nationwide agreement to set nationwide wage standards for all workers in the formal sector. The National Collective Bargaining Agreement sets minimum wages for different labor categories, ranging from unskilled through professional positions. The minimum wage is 35,000 CFA francs ($63) per month. The government set the poverty level at the internationally recognized level of $1.27 per day (equal to 693 CFA francs), the equivalent of $38 per month (equal to 21,052 CFA francs).

Working hours of all employees in any enterprise, except in the agricultural sector, normally are not to exceed 40 hours per week. At least one 24-hour rest period per week is compulsory, and workers are to receive 30 days of paid leave each year. Working hours for employees in the agricultural sector are not to exceed 2,400 hours per year (46 hours per week). The law requires overtime compensation, and there are restrictions on excessive overtime work. The Interprofessional Collective Convention sets minimum rates for overtime work at 120 percent of base salary for the first eight hours, rising to 140 percent for every hour after eight, 165 percent for work at nights and on Sundays and holidays; and double pay for Sunday and holiday nights. This requirement was seldom respected in the private sector.

The Ministry of Civil Service, Labor, and Administrative Reform is responsible for enforcement of all labor laws, especially in the formal private sector. The ministry had 150 labor inspectors for the country, which was insufficient to enforce the law effectively.

A technical consulting committee in the Ministry of Civil Service, Labor, and Administrative Reform sets workplace health and safety standards. It may levy penalties on employers that do not meet the standards, and workers have the right to complain to labor inspectors concerning unhealthy or unsafe conditions. Penalties for infractions were generally weak, and there was no evidence they deterred violations. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations. Labor laws also provide protection for legal foreign workers. The laws do not cover EPZ workers or workers in the informal sector, who represented a large, unregistered, nontaxpaying part of the economy. According to the Delegation of the Informal Sector Organization, a government entity, 80 percent of the country’s commercial trade is conducted in the informal sector, both urban and rural, which it defined as revenue-generating activity that produces untaxed or government regulated goods and services.

The law obliges large enterprises to provide medical services for their employees, and large companies usually attempted to respect occupational health and safety rules, while smaller ones often did not.

The government did not effectively enforce the law, and formal-sector employers often ignored applicable laws. Employers often paid less than the official minimum wage, mostly to unskilled workers, and the government lacked the resources to investigate and punish violators.

Tonga

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

Women

Rape and Domestic Violence: Rape is punishable by a maximum of 15 years in prison. The law recognizes spousal rape. The law makes domestic violence a crime punishable by a maximum of 12 months in prison, a fine of 2,000 pa’anga ($860), or both. Repeat offenders face a maximum of three years in prison or a maximum fine of 10,000 pa’anga ($4,300). The law provides for protection from domestic violence, including protection orders; clarifies the duties of police; and promotes the health, safety, and well-being of domestic violence victims.

Police investigated reported rape cases, and the government prosecuted these cases under the law. In January, for example, a man was sentenced to nine years and nine months in jail for domestic violence, sexual assault, and incest. The police domestic violence unit has a “no-drop” policy in complaints of domestic assault, and once filed, domestic violence cases cannot be withdrawn and must proceed to prosecution in the magistrates’ courts. Tonga Police Force and the Women and Children Crisis Center (WCCC) conducted a workshop on gender bias training in the Police Force. Gender bias was an issue that hindered the performance of officers in the field.

An estimated 40 percent of women have faced domestic or sexual violence in their lifetime and 80 percent of domestic violence victims are believed to be women. Police work with the National Center for Women and Children as well as with the WCCC to provide shelter for abused women, and girls and boys younger than 14 years. Both centers operated a safe house for victims. The Center reported an increase in sexual abuse cases involving teenagers ages 14 to 16.

Sexual Harassment: Sexual harassment is not a crime under the law, but physical sexual assault can be prosecuted as indecent assault. Sexual harassment within a domestic relationship is an offense. Complaints received by the police domestic violence unit indicated that sexual harassment of women is a common problem.

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

Discrimination: Inheritance laws, especially those concerned with land, discriminate against women. Women can lease land, but inheritance rights pass through male heirs only; a male child born out of wedlock has precedence over the deceased’s widow or daughter. If there are no male relatives, a widow is entitled to remain on her husband’s land as long as she does not remarry and remains celibate. The inheritance and land rights laws also reduced women’s ability to access credit and to own and operate businesses.

Discrimination against women with respect to employment and wages occurred (see section 7.d.).

Children

Birth Registration: Individuals acquire citizenship at birth automatically if at least one parent is a citizen. Birth in the country per se does not confer citizenship.

Child Abuse: The WCCC implemented a variety of child abuse awareness programs at schools from primary to tertiary levels.

Early and Forced Marriage: The legal minimum age for marriage is 15 years. According to nongovernmental organizations (NGOs), child marriages were a result of several factors, including parental pressure, teenage pregnancy, or forced marriage to rapists.

Sexual Exploitation of Children: The law prohibits child pornography with penalties of a maximum fine of 100,000 pa’anga ($43,000) or a maximum of 10 years in prison for individuals and a maximum fine of 250,000 pa’anga ($108,000) for corporations. The minimum age for consensual sex is 15. Violators who sexually abuse children may be charged with “carnal knowledge of a child under age 12,” which carries a maximum penalty of life in prison, or “carnal knowledge of a child under 15,” which carries a maximum penalty of five years in prison. There were anecdotal reports of children being subjected to domestic 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 https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

There was no known resident Jewish community, 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 based on disability, but no laws specifically prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. There were no legally mandated services or government programs for adults with disabilities, including for building accessibility or access to communications and information.

A Ministry of Education and Training program to bring children with disabilities into primary schools continued during the year, with 18 students enrolled. Many school buildings, however, were not accessible to students with physical disabilities, and attendance rates of children with disabilities at all educational levels were lower than those of students without disabilities.

As of September the National Council on Disability, established in 2017, and the Ministry of Internal Affairs had implemented a program to assist disabled individuals. Each qualifying individual receives 75 pa’anga ($32.30) monthly.

National/Racial/Ethnic Minorities

The law restricts ownership and operation of retail food stores to citizens. Ethnic Chinese citizens dominated the retail sector in many towns. There were reports of crime and societal discrimination directed at members of the Chinese minority.

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

Sodomy is a crime with a maximum penalty of 10 years in prison, but there were no reports of prosecutions under this provision for consensual sexual conduct between adults. No law specifically prohibits discrimination based on sexual orientation or gender identity or addresses hate crimes. No criminal justice mechanisms exist to aid in the prosecution of bias-motivated crimes against lesbian, gay, bisexual, transgender, or intersex (LGBTI) individuals. Society accepted a subculture of transgender dress and behavior, and a prominent NGO’s annual festival highlighted transgender identities. There was one report of violent assault against LGBTI individuals based on their sexual orientation or gender identity. Social stigma or intimidation may have prevented reporting of other incidents of violence or discrimination.

HIV and AIDS Social Stigma

There were no reports of discrimination or violence against persons based on HIV/AIDS status, but social stigma or intimidation may have prevented reporting of incidents of discrimination or violence.

Section 7. Worker Rights

The law provides for the right to form and join independent unions, but the government has not promulgated regulations on the formation of unions, collective bargaining, or the right to strike. No law specifically prohibits antiunion discrimination or provides for reinstatement of workers fired for union activity. There was no dispute resolution mechanism in place specifically for labor disputes, although persons could take cases to court or refer cases to the Office of the Ombudsman. There were no reports of collective bargaining.

Government enforcement of freedom of association was not entirely effective. Penalties for violations incur criminal fines, which are not sufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals.

The government and employers generally respected freedom of association. Trade unions and a variety of other worker associations exist. For example, the Friendly Islands Teachers Association and the Tonga Nurses Association were legally incorporated as civil society organizations, and the Friendly Island Seafarer’s Union Incorporated was affiliated with the International Transport Workers Federation. The Public Service Association acted as a de facto union representing all government employees.

The law prohibits all forms of forced or compulsory labor. The government effectively enforced the law. Observers generally considered imprisonment penalties sufficient to deter violations. Although the government made some progress in enforcing relevant legal provisions, no data was available on government efforts specifically to address forced labor. There were unconfirmed, anecdotal reports of forced labor among women and children in domestic service (see section 7.c.).

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

No legislation prohibits child labor or specifies a minimum age for employment. There were no reports that child labor existed in the formal wage economy. According to the National Center for Women and Children and other NGOs, some school-age children worked in the informal sector in traditional family activities such as subsistence farming and fishing. There were also reports of commercial sexual exploitation and involuntary domestic servitude of some 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 law does not prohibit discrimination based on any particular personal characteristic, feature, or group affiliation. Discrimination against women in employment and wages occurred. Women participated in the work force at a lower rate than men, were generally employed in lower-skilled jobs, and earned measurably less than men earn.

There is no minimum wage, but the Ministry of Commerce, Consumer, Trade, Innovation, and Labor sets wage level guidelines. While no recent data was available, relatively few people lived in destitution, but a significant fraction of the population had difficulty paying for more than basic needs, such as education, transportation, and utilities. The law stipulates occupational health and safety standards for each sector, such as fisheries and agriculture. These standards are current and appropriate for main industries. Workers can remove themselves from situations that endanger health or safety without jeopardizing their employment.

Enforcement of regulations was inconsistent. The Ministry of Commerce, Consumer, Trade, Innovation, and Labor sought to enforce these standards in all sectors, including the informal economy; however, there were an insufficient number of inspectors. Penalties for violations took the form of monetary fines, which were adequate to deter violations.

Few industries exposed workers to significant danger.

Trinidad and Tobago

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

Women

Rape and Domestic Violence: Rape of men or women, including spousal rape, is illegal and punishable by up to life imprisonment, but the courts often imposed considerably shorter sentences. Police channeled resources to the Victim and Witness Support Unit in an effort to encourage reporting.

The law provides for protection orders separating perpetrators of domestic violence, including abusive spouses and common-law partners, from their victims. Courts may also fine or imprison abusive spouses, but it was rarely done.

The NGO Coalition against Domestic Violence charged that police often hesitated to enforce domestic violence laws and asserted that rape and sexual abuse against women and children remained a serious and pervasive problem.

Sexual Harassment: No laws specifically prohibit sexual harassment. Related statutes could be used to prosecute perpetrators of sexual harassment, and some trade unions incorporated antiharassment provisions in their contracts.

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

Discrimination: Women generally enjoyed the same legal status and rights as men. No laws or regulations require equal pay for equal work.

Children

Birth Registration: Every person born in the country is a citizen at birth, unless the parents are foreign envoys accredited to the country. Children born outside the country can become citizens at birth if on that date one or both of the parents is, or was, a citizen. The law requires registration of every child born alive within 42 days of birth.

Child Abuse: Child abuse cases continued to increase. During the fiscal year 2017, the Children’s Authority received and investigated more than 4,200 reports of child abuse and maltreatment. More than half (55 percent) of all cases involved female children. Neglect and sexual abuse accounted for 24 percent and 26 percent of the cases, respectively. The law prohibits both corporal punishment of children and sentencing a child to prison. According to NGOs, however, abuse of children in their own homes or in institutional settings remained a serious problem.

Early and Forced Marriage: Child marriage is illegal. The law defines a child as younger than age 18. In June 2017 parliament passed legislation changing the legal marriage age to 18. The president formally proclaimed the enactment of the Marriage Act in September 2017.

Sexual Exploitation of Children: The age of sexual consent is 18, and the age of consent for sexual touching is 16. Sexual penetration of a child is punishable by a maximum sentence of life in prison. The law creates specific offenses such as sexual grooming of a child (gaining the trust of a child, or of a person who takes care of the child, for the purpose of sexual activity with the child) and child pornography. The law prescribes penalties of 10 years’ to life imprisonment for subjecting a child to prostitution.

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 https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

There were fewer than 100 Jewish persons in the country. 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

Disability rights advocates were not aware of any efforts by the government to implement the Convention on the Rights of Persons with Disabilities, which it ratified in 2015. Prior to the ratification, the law prohibited discrimination based on disability but did not mandate equal access for persons with disabilities.

Persons with disabilities faced discrimination and denial of opportunities. Such discrimination could be traced to architectural barriers, employers’ reluctance to make necessary accommodations that would enable otherwise qualified job candidates to work, an absence of support services to assist students with disabilities to study, and social stigma accompanied by lowered expectations of the abilities of persons with disabilities, condescending attitudes, and disrespect.

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

On September 20, the High Court issued a final ruling on the country’s Sexual Offenses Act, removing an “antibuggery” law and effectively decriminalizing same-sex sexual conduct between consenting adults. High Court Judge Devindra Rampersad first ruled in April that the law was unconstitutional and expressed his intent to amend the law, which criminalized same-sex sexual conduct between consenting adults. Although the legislation was not struck out completely, the ruling provides that consenting adults will not be liable to criminal charges if engaging in consensual sexual acts. Immigration laws also bar the entry of “homosexuals” into the country, but the legislation was not enforced during the year.

The law identifying classes of persons protected from discrimination does not prohibit discrimination based on sexual orientation or gender identity. The 2012 Children Act decriminalizes sexual exploration between minors who are close in age but specifically retains language criminalizing the same activity among same-sex minors. Other laws exclude same-sex partners from their protections.

HIV and AIDS Social Stigma

Stigmatization of those with HIV persisted, especially among high-risk groups, including men who have sex with men. There were reports of discrimination against this group but no clear evidence of violence. The government’s HIV and AIDS Unit coordinates the national response to HIV/AIDS, and the government employed HIV/AIDS coordinators in all ministries as part of its multisector response.

Section 7. Worker Rights

The law provides for the right of most workers, including those in state-owned enterprises, to form and join independent unions, bargain collectively, and conduct legal strikes, but with some limitations. Neither employers nor employees listed in essential services, such as hospital, firefighting, and external communications (telephone, telegraph, wireless) industries, have the right to strike, and walkouts can bring punishment of up to 36 months in prison and a fine of TT$40,000 ($6,000). These employees negotiate with the government’s chief personnel officer to resolve labor disputes. The law stipulates that only strikes over unresolved labor interest disputes may take place and that authorities may prohibit strikes at the request of one party if not called by a majority union. The minister of labor may petition the court to curtail any strike he deems harmful to national interests.

The law also provides for mandatory recognition of a trade union when it represents more than 50 percent of the workers in a specified bargaining unit. The law allows unions to participate in collective bargaining, prohibits employers from dismissing or otherwise prejudicing workers due to their union membership, and mandates reinstatement of workers illegally dismissed for union activities. The government’s Registration, Recognition, and Certification Board determines whether a given workers’ organization meets the definition of a bargaining unit and can limit union recognition by this means. The Registrar’s Office requires accounting for union funds and can audit and restrict accounts of a union on demand. The Industrial Relations Act’s definition of a worker excludes domestic workers (house cleaners, chauffeurs, and gardeners), but domestic workers have an established trade union that advocates for their rights. Separate legislation governs the employment relationship between the government and its employees, including civil servants, teachers, and members of the protective services (fire, police, and prison services). The Industrial Relations Act prohibits employees in essential services from taking industrial action. The government effectively enforced applicable laws, although there was little information on specific penalties or on whether they were sufficient to deter violations.

A union must have the support of an absolute majority of workers to obtain bargaining rights. This requirement limited the right of collective bargaining. Furthermore, collective agreement negotiations are subject to mandatory mediation and must cover a minimum of three years, making it almost impossible for such agreements to include workers on short-term contracts. According to the National Trade Union Center, the requirement that all negotiations go through the Public Sector Negotiation Committee, rather than through the individual government agency or government-owned industry, provided a further restriction that added significant delays. Some unions claimed the government undermined the collective bargaining process by pressuring the committee to offer raises of no more than 5 percent over three years.

The government enforced labor laws with effective remedies and penalties. Resources, inspections, and remediation were adequate, although some observers called for an increased number of unannounced inspections and additional industrial court judges. A union may request that the Industrial Court enforce the laws, and the court may order employers found guilty of antiunion activities or otherwise in violation of the Industrial Relations Act to reinstate workers and pay compensation or may impose other penalties, including imprisonment. There was no information on specific penalties or on whether they were sufficient to deter violations.

Authorities generally respected freedom of association and the right to collective bargaining. Authorities did not use excessive force to end strikes or protests or otherwise retaliate against workers seeking to exercise their rights.

In August the government announced its intentions to close portions of the state-owned oil company, Petrotrin, on November 30. The shutdown could affect an estimated 2,600 permanent jobs. Following the announcement the Oilfield Workers Trade Union filed an injunction in the Industrial Court to stop Petrotrin from dismissing all its workers. President of the Industrial Court Deborah Thomas-Felix granted the injunction by the union, and it was to remain in effect until the issue of the closure of Petrotrin was fully resolved in the court or if the company successfully appealed the decision.

The law prohibits forced and compulsory labor. Upon conviction, perpetrators of forced labor are subject to a fine of at least TT$500,000 ($74,600) and imprisonment for at least 15 years. Penalties were sufficient to deter violations. The Counter-Trafficking Unit, housed within the Ministry of National Security, is responsible for investigating potential forced labor cases and referring cases for prosecution.

In September a businesswoman, Radica Persad, was charged with trafficking a Bolivian man for the purpose of labor exploitation. As of November the matter was pending a decision from the magistrates’ court. There were no other reports of forced labor during the year.

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

There were anecdotal reports of children engaged in the worst forms of child labor in the small-scale agricultural sector and domestic service. The law sets the minimum age for employment in public and private industries at 16. Children ages 14 to 16 may work in activities in which only family members are employed or that the minister of education approved as vocational or technical training. The law prohibits children younger than age 18 from working between the hours of 10 p.m. and 5 a.m. except in a family enterprise or within other limited exceptions. There is no clear minimum age for hazardous activities.

Violation of child labor laws is punishable by six months’ imprisonment or a fine of TT$2,500 ($375). In cases of child trafficking, including forced or exploitive child labor, perpetrators are subject to fines of TT$ one million ($150,000) and 20 years’ imprisonment. These penalties were sufficient to deter violations.

The government was generally effective in enforcing child labor laws, and the penalties were sufficient to deter violations, but there were anecdotal reports of children working in agriculture or as domestic workers. The Ministry of Labor and Small Enterprise Development and the Ministry of the People and Social Development are responsible for enforcing child labor laws. There were 18 labor inspectors in the Labor Inspectorate Unit in 2016–compared with 10 in 2015–trained to investigate and identify cases of child labor and to identify and report on indicators relating to possible cases of forced labor involving children.

The Minister of Labor and Small Enterprise Development may designate an inspector to gather information from parents and employers regarding the employment of a person younger than age 18. The Industrial Court may issue a finding of contempt against anyone obstructing the inspectors’ investigation.

The government did not have comprehensive mechanisms for receiving, investigating, and resolving child labor complaints.

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 and regulations prohibit employment discrimination on the basis of political opinion, sexual orientation, gender identity, language, age, disability, or HIV status or other communicable disease. The government effectively enforced those laws and regulations. Discrimination in employment occurred with respect to disability, and women’s pay lagged behind men’s, especially in the private sector.

The national minimum wage was greater than the official poverty income level of TT$665 ($100) per month.

The law establishes a 40-hour workweek, a daily period for lunch or rest, and premium pay for overtime. The law does not prohibit excessive or compulsory overtime. The law provides for paid leave, with the amount of leave varying according to length of service. Workers in the informal economy reported wages above the national minimum wage but reported other areas of labor laws, including the number of hours worked, were not enforced. There were an estimated 30,000 domestic workers, most of whom worked as maids and nannies, not covered by labor laws.

The law sets occupational health and safety standards, which were current and appropriate for the main industries in the country. The Ministry of Labor and Small Enterprise Development was responsible for enforcing labor laws related to minimum wage and acceptable conditions of work, while the Occupational Safety and Health Agency enforced occupational health and safety regulations, which apply to all workers in the formal economy, regardless of citizenship. Local labor laws generally protected foreign laborers brought into the country, a stipulation usually contained in their labor contract. Resources, inspections, and penalties appeared adequate to deter violations. The Occupational Safety and Health Act provides a range of fines and terms of imprisonment for violations of the law, but despite these penalties, a number of violations occurred.

The Occupational Safety and Health Act provides workers the right to remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities generally protected this right.

Tunisia

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

Women

Rape and Domestic Violence: In 2017 parliament unanimously passed a comprehensive law addressing all forms of gender-based violence, which went into effect in February 2018. The law broadly defines violence against women as “any restriction denying women equality in the civil, political, economic, social, or cultural domains.” The law, which enjoyed widespread support from both political parties and civil society organizations, adds or updates articles in the Penal Code to meet international best practices. It criminalizes previously uncovered acts of incest, sexual harassment of women in public places, and gender discrimination.

Rape remained a taboo, and cultural pressures often dissuaded victims from reporting sexual assault. Several civil society groups urged the government to improve implementation of the new law condemning gender-based violence, including by providing better protection and legal remedies for victims of sexual assault.

In one case that received extensive national-level attention, on August 28, the minister of health visited a 15-year-old girl at the hospital after she had been allegedly gang raped and her relatives physically assaulted by five men over the course of several days. Media reported that her neighbor, who had led the attack, was a police officer. In the course of the attack, both the girl’s mother and grandmother died from their injuries. The minister told media the government would provide the girl and her family with all necessary medical and psychological assistance. Upon her release from the hospital, the girl was reportedly transferred to a child protection center. Media reported that the National Guard arrested the perpetrators in “record time.”

Laws prohibiting domestic violence provide penalties for assault committed by a spouse or family member that are double those of an unrelated individual for the same crime, but enforcement was rare, and domestic violence remained a serious problem. The 2018 law strengthens the penalties for domestic violence and allows women to seek restraining orders against their abusers without filing a criminal case or filing for divorce. The Ministry of Women, Family, and Childhood Affairs established a national hotline for victims of violence. While the service hours were limited, the ministry reported that between early 2017 and August 2018, 4,727 women called the hotline and were referred to the ministry’s services and assistance. There were five centers dedicated to providing assistance to women victims of violence, one of which was managed by the ministry and four by civil society organizations.

There were no government public education programs on domestic violence, including rape. Victims received services at two dozen social centers throughout the country.

Sexual Harassment: The 2018 gender-based violence law includes a revised article related to sexual harassment. It allows up to a two-year sentence for the harasser and a 5,000-dinar ($2,040) fine, instead of the previous one year in prison. The law further clarifies that sexual harassment can include any act, gesture, or words with sexual connotation. The punishment is doubled if the victim is a child or the perpetrator has authority over the victim.

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

Discrimination: The constitution and law explicitly prohibit discrimination based on race, gender, disability, language, or social status, and the government generally enforced these prohibitions. Women faced societal rather than statutory barriers to their economic and political participation. Codified civil law is based on the Napoleonic code, although on occasion, judges drew upon interpretations of sharia (Islamic law) as a basis for customary law in family and inheritance disputes.

Newly married couples must state explicitly in the marriage contract whether they elect to combine their possessions or to keep them separate. In 2017 the government cancelled the 1973 decree law that prevented the marriage of Muslim female citizens with non-Muslim men unless the men presented proof of conversion to Islam. Sharia requires men, but not women, to provide for their families. Because of this expectation, in some instances, sharia inheritance law provides men with a larger share of an inheritance. Some families avoided the application of sharia by executing sales contracts between parents and children to ensure that daughters received shares of property equal to those given sons. Non-Muslim women and their Muslim husbands may not inherit from each other, unless they seek a legal judgement based on the rights enshrined in the 2014 constitution. The government considers all children of those marriages to be Muslim and forbids those children from inheriting from their mothers. Spouses may, however, freely give up to one-third of their estate to whomever they designate in their will.

On August 10, the Ministry of Health issued a circular to all public hospitals requiring that they inform authorities upon receiving cases of pregnancy outside of marriage, children born to unmarried couples, or single mothers wishing to abandon their newborns. In response, the National Council of the Medical Order issued a statement calling the circular unacceptable as it violates professional secrecy, basic individual rights, and the protection of personal data. The Ministry of Health later withdrew this guidance.

The law explicitly requires equal pay for equal work, and the government generally enforced it. The law allows female employees in the public sector to receive two-thirds of their full-time salary for half-time work, provided they have at least one child under 16 or a child with special needs, regardless of age. Qualifying women may apply for the benefit for a three-year period, renewable twice for a maximum of nine years. Societal and cultural barriers significantly reduced women’s participation in the formal labor force, particularly in managerial positions. Women in the private sector earned on average one-quarter less than men for similar work. The new law on gender-based violence contains provisions aimed at eliminating the gender-based wage gap.

The government initiated a “Council of Peers” during the year, with participation of each ministry and the major labor organizations, to institutionalize changes to promote gender sensitivity and integration at all levels of public administration, including budget proposals and government programs.

Children

Birth Registration: Citizenship is derived by birth from one’s parents, and the law provides for a period of 10 days to register a newborn. Thereafter, parents have 30 days to explain why they failed to register a newborn and complete the registration. Female citizens can transmit citizenship on an equal basis with male citizens, and there is no discrimination between a mother and father regarding passport application and authorization to leave the country.

The Ministry of Women, Family, and Childhood designated 21 psychologists to treat victims of child abuse and announced its collaboration with civil society to provide increased services for child victims in shelters in Sousse, Sfax, and Tunis.

Early and Forced Marriage: The minimum age for marriage for both sexes is 18, but the courts may, in certain situations, authorize the marriage of persons younger than 18 upon the request and approval of both parents.

Sexual Exploitation of Children: Anyone who has sexual relations with a girl under age 10 is subject to the death penalty. The 2018 law against gender-based violence addresses all forms of gender-based violence. Under previous laws, intercourse with a girl under the age of 15 without the use of violence was punishable by six years in prison; the 2018 law raised the age of consent to 16, and removed a clause in the legal code that allowed the court to drop the charges of sex with a minor if the perpetrator agreed to marry the victim, with the approval of her parents. The law prohibits child pornography.

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

Anti-Semitism

An estimated 1,400 Jews lived in the country. During widespread, violent protests against government austerity in January, vandals threw incendiary devices into the courtyard of a synagogue and at a Jewish school on the island of Djerba. There were no injuries. Observers said the attackers took advantage of reduced police presence around the institutions due to the protests. According to media reports, police arrested five suspects in connection with the incident, and members of the Jewish community described security officials as being responsive.

On May 1-4, an annual Jewish pilgrimage took place on the island of Djerba. Local media estimated participation at 3,000 persons, including approximately 400 Israelis. The event took place without incident and included the participation of several government ministers. Leaders in the Jewish community and government publicly praised the pilgrimage as a sign of the excellent relationship between the Jewish and Muslim communities.

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 or mental disabilities. It mandates that at least 2 percent of public- and private-sector jobs be reserved for persons with disabilities. NGOs reported authorities did not widely enforce this law, and many employers were not aware of it.

Since 1991, the law requires all new public buildings to be accessible to persons with physical disabilities, and the government generally enforced the law. Persons with physical disabilities did not have access to most buildings built before 1991. The government did not ensure information and communications were accessible for persons with disabilities.

The Ministry of Social Affairs is charged with protecting the rights of persons with disabilities. The government issued cards to persons with disabilities for benefits such as unrestricted parking, free and priority medical services, free and preferential seating on public transportation, and consumer discounts. The government provided tax incentives to companies to encourage the hiring of persons with physical disabilities. There were approximately 300 government-administered schools for children with disabilities, at least five schools for blind pupils, one higher-education school, and one vocational training institution. The Ministry of Social Affairs managed centers that provided short- and long-term accommodation and medical services to persons with disabilities who lacked other means of support.

The Ibsar Association, which works to promote rights for all persons with disabilities, estimated that fewer than one-third of persons with disabilities hold a government-issued disability card, which entitles the holder to a monthly government stipend of 120 dinars ($44).

One of the biggest challenges for persons with disabilities, according to Ibsar, was a lack of access to information through education, media, or government agencies. There were very limited education options or public-sector accommodations for persons with hearing or visual disabilities. There were no schools for children with hearing disabilities, and Ibsar estimated that more than 90 percent of persons with hearing disabilities were illiterate. For children with physical disabilities, infrastructure continued be a major hurdle to their social inclusion, as few buildings or cities are accessible to persons with physical disabilities or reduced mobility.

For the municipal elections, while ISIE prepared electoral handbooks in Braille and ensured sign language interpretation for most of its press conferences, civil society observer groups noted that ISIE did not provide effective, timely outreach and voter education programs to reach persons with disabilities.

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

The law criminalizes sodomy. Convictions carry up to a three-year prison sentence. According to NGOs, authorities occasionally used the law against sodomy to detain and question persons about their sexual activities and sexual orientation, reportedly at times based on appearance alone. In some instances, NGOs reported that LGBTI individuals were targeted under the article of the penal code that criminalizes “infringement of morality or public morals,” which carries a penalty of six months in prison and a fine of 1,000 dinars ($370). ADLI, a civil society organization, reported that 120 individuals had been arrested and accused of homosexuality during the first 10 months of the year.

In 2017 the National Council of the Medical Order in Tunisia issued a statement calling for doctors to cease conducting forced anal and genital examinations, which the World Health Organization and United Nations have said can constitute acts of torture. Human rights organizations and LGBTI-focused NGOs stated that the statement has neither deterred these exams nor reduced the rate of individuals being sentenced to jail under the sodomy law, since judges often assumed guilt of individuals who refused to submit voluntarily to an exam. Tunisian LGBTI-rights NGO Shams Association reported a decrease in the use anal examination through physical force by the police but an increase in coerced anal examinations as police and judicial officials frequently used the individuals’ refusal to submit to the exam as “proof” of their homosexuality.

LGBTI individuals continued to face discrimination and violence, including death and rape threats, although societal stigma and fear of prosecution under sodomy laws discouraged individuals from reporting problems. LGBTI-rights associations collaborated to publish a study in May that surveyed 300 LGBTI individuals about the types of violence experienced as well as the perpetrators and location of this violence. According to this study, more than 50 percent of those surveyed reported they had been insulted more than once in public spaces due to their actual or perceived sexual orientation; 24 percent reported that within the previous six years they had been the victim of a physical threat or attack for the same reason.

Although there continued to be no information on official discrimination based on sexual orientation or gender identity in employment, housing, access to education, or health care, this survey found widespread anecdotal evidence of systemic denial of services and socio-economic discrimination targeting LGBTI individuals. Approximately 25 percent of the respondents reported they had been refused a job due to their LGBTI status, and 10 percent re