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Albania

Executive Summary

The Republic of Albania is a parliamentary democracy. The constitution vests legislative authority in the unicameral parliament (Assembly), which elects both the prime minister and the president. The prime minister heads the government, while the president has limited executive power. In 2017 the country held parliamentary elections. The Organization for Security and Cooperation in Europe (OSCE) reported that the elections respected fundamental freedoms but were marred by allegations of vote buying and pressure on voters. Local elections took place June 30 but several opposition parties boycotted, accusing the government of electoral fraud. The OSCE observation mission to the local elections reported that although voting “was conducted in a generally peaceful and orderly manner,” voters did not have a meaningful choice between political options, and that there were credible allegations of vote buying as well as pressure on voters from both the ruling party and opposition parties.

The Ministry of Interior oversees the Guard of the Republic and the State Police, which includes the Border and Migration Police. The State Police is primarily responsible for internal security. The Guard of the Republic protects senior state officials, foreign dignitaries, and certain state properties. The Ministry of Defense oversees the armed forces. The State Intelligence Service is responsible to the prime minister, and gathers information, carries out foreign intelligence and counterintelligence activities. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included restrictions on free expression and the press, including the existence of criminal libel laws, and pervasive corruption in all branches of government and municipal institutions.

Impunity remained a serious problem, although the government made greater efforts to address it. Prosecution, and especially conviction, of officials who committed abuses was sporadic and inconsistent. Officials, politicians, judges, and persons with powerful business interests often were able to avoid prosecution.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government usually respected these rights, although defamation is a criminal offense. There were reports that the government, business, and criminal groups sought to influence the media in inappropriate ways.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views, although there were efforts to exert direct and indirect political and economic pressure on the media, including by threats and violence against journalists who tried to investigate crime and corruption.

Business owners freely used media outlets to gain favor and promote their interests with political parties. Most owners of private television stations used the content of their broadcasts to influence government action toward their other businesses. There were credible reports of senior media representatives using media outlets to blackmail businesses. Political pressure, corruption, and lack of funding constrained independent print media, and journalists reportedly practiced self-censorship. Economic insecurity due to a lack of enforceable labor contracts reduced reporters’ independence and contributed to bias in reporting. The Albanian Journalists Union (AJU) continued to report significant delays in salary payments to reporters at many media outlets, in some instances of up to 10 months. Financial problems led some journalists to rely more heavily on outside sources of income, leading to questions of integrity.

NGOs maintained that professional ethics were a low priority for some of the estimated 900-plus news portals in the country, raising concerns over the spread of false news stories that benefited specific financial, political, and criminal interests. The dramatic growth in online media outlets provided a diversity of views.

In its annual Media Sustainability Index, the International Research and Exchanges Board indicated that free speech, plurality of news sources, and supporting institutions experienced a slight increase, but professionalism and business management decreased.

Violence and Harassment: The AJU reported 14 cases of violence and intimidation against members of the media, and political and business interests subjected journalists to pressure. The union also denounced violent acts toward reporters by opposition protesters in May.

Censorship or Content Restrictions: Journalists often practiced self-censorship to avoid violence and harassment and as a response to pressure from publishers and editors seeking to advance their political and economic interests. The AJU cited censorship and self-censorship as leading problems for journalists. A survey of 800 media professionals published in May found that 62 percent of respondents thought there was interference from individuals or politics, 60 percent thought there was interference from media owners, 39 percent thought there was self-censorship, and 31 percent thought there was corruption in the media. About 78 percent of media professionals thought that there were journalists who engaged in corrupt practices to misreport stories.

Libel/Slander Laws: The law permits private parties to file criminal charges and obtain financial compensation for insult or deliberate publication of defamatory information. NGOs reported that the fines, which could be as much as three million leks ($27,800), were excessive and, combined with the entry of a conviction into the defendant’s criminal record, undermined freedom of expression. The AJU expressed concern that during the first four months of the year, judges and politicians had initiated more than 16 lawsuits against journalists, mainly for defamation.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: To receive government services, individuals changing place of residence within the country must transfer their civil registration to their new community and prove the legality of their new domicile through property ownership, a property rental agreement, or utility bills. Many individuals could not provide proof and thus lacked access to public services. Other citizens, particularly Roma and Balkan-Egyptians, lacked formal registration in the communities where they resided. The law does not prohibit their registration, but it was often difficult to complete. Many Roma and Balkan-Egyptians lacked the financial means to register, and many lacked the motivation to go through the process.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The Office of the UN High Commissioner for Refugees (UNHCR) reported a few cases of police intimidation and reluctance to accept requests for asylum.

Authorities often detained irregular migrants who entered the country, mostly at the country’s southern border with Greece; most of those who did not request asylum were deported to Greece within 24 hours. Migrants detained further inland could spend several weeks at the Karrec closed migrant detention facility awaiting deportation. UNHCR reported that conditions at the Karrec center were unsuitable, particularly for families and children. The government made efforts to avoid sending children there, placing them instead in the open migrant facility in Babrru. Karrec and Babrru centers faced funding constraints.

The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. Police allowed UNHCR, the Office of the Ombudsman, and the NGO Caritas to monitor the processing, detention, and deportation of some migrants.

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees.

There were credible reports from NGOs, migrants, and asylum seekers that authorities did not follow due process procedures for some asylum seekers and that in other cases those seeking asylum did not have access to the social care and other services due to limited issuance of identification cards. UNHCR, Caritas, and the Office of the Ombudsman were critical of the government’s migrant screening and detention procedures. There were reports of border police pushing migrants back into Greece.

The law on asylum requires authorities to grant or deny asylum within 51 days of an applicant’s initial request. Under the law, asylum seekers cannot face criminal charges of illegal entry if they contact authorities within 10 days of their arrival in the country. UNHCR reported that the asylum system lacked effective monitoring.

Safe Country of Origin/Transit: The law prohibits individuals from safe countries of origin or transit from applying for asylum or refugee status. UNHCR reported, however, that no asylum requests had been refused based on the government’s list of safe countries, which included Greece.

Employment: While the law permits refugees to work, the limited issuance of refugee identification cards and work permits meant that few refugees had employment opportunities.

Access to Basic Services: The law provides refugees access to public services, including education, health care, housing, law enforcement, courts and judicial procedures, and legal assistance.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by public officials, and the law also prohibits individuals with criminal convictions from serving as mayors, parliamentarians, or in government or state positions, but the government did not implement the law effectively. Officials frequently engaged in corrupt practices with impunity. Corruption was pervasive in all branches of government.

The constitution requires judges and prosecutors to undergo vetting for unexplained wealth, ties to organized crime, and professional proficiency. The Independent Qualification Commission conducted vetting, and appeals were heard by an appeals chamber. The International Monitoring Operation, composed of international judicial experts, oversaw the process. As of November the commission had dismissed 81 judges and prosecutors and confirmed 67, while 23 others had resigned rather than undergo vetting.

Several government agencies investigated corruption cases, but limited resources, investigative leaks, real and perceived political pressure, and a haphazard reassignment system hampered investigations. In selective instances involving international actors, anticorruption agencies cooperated with civil society.

Corruption: Between January and June, the prosecutor general’s office registered 63 new corruption investigations. During the same period, 34 individuals were convicted on corruption charges, and trials began against an additional 51 individuals. The Department of Administration, Transparency, and Anticorruption had investigated 29 cases, resulting in 115 administrative and 153 disciplinary measures.

While prosecutors made significant progress in pursuing low-level public corruption cases, including corrupt prosecutors and judges, prosecution of higher-level crimes remained rare due to investigators’ fear of retribution, a general lack of resources, and corruption within the judiciary itself. In September a former interior minister was convicted of abuse of public office and received a five-year prison sentence that was reduced to three years’ probation because he accepted an expedited trial.

Police corruption remained a problem. The Service for Internal Affairs and Complaints (SIAC) received 1,211 written complaints through August, compared with 1,978 in all of 2018. Most of the complaints alleged a failure to act, arbitrary action, abuse of office, or a violation of standard operating procedures. Through August, SIAC filed 70 administrative violations, recommending 116 police officers for disciplinary proceedings. SIAC referred two cases for prosecution in relation to three officers accused of arbitrary actions and forgery of official documents. The Office of the Ombudsman also processed complaints against police officers, mainly concerning problems with arrests and detentions.

Police did not always enforce the law equitably. Personal associations, political or criminal connections, deficient infrastructure, lack of equipment, and inadequate supervision often influenced law enforcement. Poor leadership contributed to continued corruption and unprofessional behavior. Authorities continued to address these problems by renovating police facilities, upgrading vehicles, and publicly highlighting anticorruption measures. The Ministry of Interior has established a system of vetting security officials and was vetting the first tranche of 30 high-level police leaders.

Financial Disclosure: The law requires public officials to disclose their assets to the High Inspectorate for the Declaration and Audit of Assets and Conflict of Interest (HIDAACI), which monitored and verified such disclosures and made them available to the public. The law authorizes HIDAACI to fine officials who fail to comply with disclosure requirements or refer them to the prosecutor.

HIDAACI reported that through August it had referred 60 new cases for prosecution, involving 12 Assembly members, four ministers and deputy ministers, six mayors, one CEC member, 17 general directors and deputy general directors of public agencies, four advisors to ministers and Assembly members, one judge, and 15 other government officials on charges including refusing to declare, hiding, or falsifying asset declarations, money laundering, tax evasion, falsification of documents, and corruption. Through August, HIDAACI fined 39 individuals for not disclosing their assets or conflicts of interest or for violating the law on whistleblower protection. Courts generally upheld the fines imposed by HIDAACI.

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

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

Government Human Rights Bodies: The Office of the Ombudsman is the main independent institution for promoting and enforcing human rights. It is authorized by law to monitor and report on prisons and detention centers. The office may initiate an investigation based on complaints or on its own authority. Although the Office of the Ombudsman lacked the power to enforce decisions, it acted as a monitor of human rights violations. The Office of the Ombudsman was underfunded and understaffed.

The Assembly has committees on legal issues, public administration, and human rights, which review the annual report of the Office of the Ombudsman. The committee was engaged and effective in legislative matters.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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

The law prohibits members of the military and senior government officials from joining unions and requires that a trade union have at least 20 members to be registered. The law provides the right to strike for all workers except indispensable medical and hospital personnel, persons providing air traffic control or prison services, and fire brigades. Strike action is prohibited in “special cases,” such as a natural catastrophe, a state of war, extraordinary situations, and cases where the freedom of elections is at risk. Workers not excluded by their positions exercised their right to strike.

The law provides limited protection to domestic and migrant workers. Labor unions were generally weak and politicized. Workers who engage in illegal strikes may be compelled to pay for any damages due to the strike action.

Government enforcement of the law remained largely ineffective, in part due to the extent of informal employment. Resources for conducting inspections and remedying violations were not adequate. Penalties were rarely enforced and therefore insufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals. Arbitration procedures allowed for significant delays that limited worker protections against antiunion activity.

Civilian workers in all fields have the constitutional right to organize and bargain collectively, and the law establishes procedures for the protection of workers’ rights through collective bargaining agreements. Unions representing public sector employees negotiated directly with the government. Effective collective bargaining remained difficult because employers often resisted union organizing and activities. In this environment, collective bargaining agreements, once reached, were difficult to enforce.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not always effectively enforce the law. Lack of coordination among ministries and the sporadic implementation of standard operating procedures hampered enforcement. Penalties were sufficiently stringent to deter violations, but they were seldom enforced. Some law enforcement organizations trained their officers to adopt a victim-centered approach to victims of human trafficking. The government continued to identify victims of forced labor, and prosecuted and convicted a small number of traffickers.

The Labor Inspectorate reported no cases of forced labor in the formal sector during the year. See section 7.c. for cases involving children in forced labor in the informal sector.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law sets the minimum age of employment at 16 but allows children at the age of 15 to be employed in “light” work that does not interfere with school. Children younger than 18 may generally only work in jobs categorized as “light.” A 2017 decree issued by the Council of Ministers sets working hours for children younger than 18. Children may work up to two hours per day and up to 10 hours per week when school is in session, and up to six hours per day and up to 30 hours per week when school is not in session. Children from 16 to 17 may work up to six hours per day and up to 30 hours per week if the labor is part of their vocational education. By law, the State Inspectorate for Labor and Social Services (SILSS), under the Ministry of Finance and Economy, is responsible for enforcing minimum age requirements through the courts, but it did not adequately enforce the law.

Labor inspectors investigated the formal labor sector, whereas most child labor occurred in the informal sector. Children engaged in gathering recyclable metals and plastic, small-scale agricultural harvesting, selling small goods in the informal sector, serving drinks and food in bars and restaurants, the clothing industry, and mining. There were reports that children worked as shop vendors, vehicle washers, textile factory workers, or shoeshine boys. The NGO World Vision also reported that children sewed shoes. The number of children engaged in street-related activities (such as begging or selling items) increased during the summer, particularly around tourist areas. The NGO ARSIS reported that children went to Kosovo to beg and gather recyclable metals. When authorities in Kosovo detained them, the children returned to Albania without any investigation or risk assessment, especially in cases when the family was the exploiter. There is no government reintegration program for these children.

Children were subjected to forced begging and criminal activity. Some of the children begging on the street were second- or third-generation beggars. Research suggested that begging started as early as the age of four or five. While the law prohibits the exploitation of children for begging, police generally did not enforce it, although they made greater efforts to do so during the year. The State Agency on Children’s Rights continued to identify and manage cases of street children identified by the CPUs. As of July the agency reported four cases of parents exploiting street children. As of June, the CPUs and outreach mobile teams had identified 214 street children in total. CPUs reported 55 cases to the police during the same period.

In 2013, the most recent year for which statistics were available, the government’s statistical agency and the International Labor Organization estimated that 54,000 children were engaged in forced labor domestically. An estimated 43,000 children worked in farms and fishing, 4,400 in the services sector, and 2,200 in hotels and restaurants. Nearly 5 percent of children were child laborers.

The SILSS did not carry out inspections for child labor unless there was a specific complaint. Most labor inspections occurred in shoe and textile factories, call centers, and retail enterprises; officials found some instances of child labor during their inspections. Penalties were rarely assessed and were not sufficient to deter violations.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws prohibit employment discrimination because of race, skin color, gender, age, physical or mental disability, political beliefs, language, nationality, religion, family, HIV/AIDS status, or social origin. The government did not enforce the law and penalties were insufficient to deter violations. Discrimination in employment and occupation occurred with respect to gender, disability, sexual orientation or gender identity, nationality, and ethnicity. The CPD reported that most allegations of discrimination involved race, sexual orientation, economic status, or disability.

e. Acceptable Conditions of Work

The national minimum wage was higher than the national poverty threshold. The SILSS and tax authorities are responsible for enforcing the minimum wage but had an insufficient number of staff to enforce compliance.

While the law establishes a 40-hour workweek, individual or collective agreements typically set the actual workweek. The law provides for paid annual holidays, but only employees in the formal labor market had rights to paid holidays. Many persons in the private sector worked six days a week. The law requires rest periods and premium pay for overtime, but employers did not always observe these provisions. The government rarely enforced laws related to maximum work hours, limits on overtime, or premium pay for overtime, especially in the private sector. These laws did not apply to migrant workers or workers in the informal sector, which made up 36 percent of the economy, according to the Western Balkans Labor Market Trends 2019 report.

The SILSS is responsible for occupational health and safety standards and regulations, and while these were appropriate for the main industries, enforcement was lacking overall. Working conditions in the manufacturing, construction, and mining sectors frequently were poor and, in some cases, dangerous. For example, police detained the owner of the construction firm Skela Syla in September after two of his employees died on the job. Unions claimed unsafe working conditions were the cause of death. Violations of wage and occupational safety standards occurred most frequently in the textile, footwear, construction, and mining industries. Resources and inspections were not adequate, and penalties were insufficient to deter violations, because law enforcement agencies lacked the tools to enforce collection and consequently rarely charged violators.

Workers often could not remove themselves from situations that endangered their health or safety without jeopardizing their employment. Employers did not effectively protect employees in this situation.

Andorra

Executive Summary

The Principality of Andorra is a constitutional, parliamentary democracy. Two co-princes–the president of France and the Spanish bishop of Urgell–serve with joint authority as heads of state. On April 7, the country held free and fair multiparty elections for the 28 seats in parliament (the General Council of the Valleys), which selects the head of government. Having won a majority in parliament, the Democrats for Andorra (DA) formed a coalition with Liberals of Andorra (L’A) and Committed Citizens (CCs), and elected Xavier Espot Zamora from DA head of government.

The country’s only security forces are the police, prison officers, traffic police, and forestry officials. The national police maintained internal and external security. The Ministry of Justice and Interior maintained effective civilian control over the security forces.

There were no reports of significant human rights abuses.

The government took steps to identify, investigate, and prosecute officials who committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees, preferring to deal with them on an ad hoc basis. There is a lack of domestic legislation on asylum seekers and refugees and, in particular, on measures to protect unaccompanied and refugee children. The law provides for the entry, stay, and right to work for asylum seekers for a two-year period, renewable for six additional months. The law also provides for housing, as well as access to social services, health care, and education. In May 2018 the government signed an agreement with the Community of Sant’Egidio to establish a humanitarian corridor from French and Spanish airports for refugees to enter the country.

Section 3. Freedom to Participate in the Political Process

The constitution and the law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively. Officials infrequently engaged in corrupt practices with impunity.

Financial Disclosure: The constitution and the law do not require disclosure of income or assets by elected or appointed officials, except for the declaration of earned income to the Andorran Social Security Fund required of all employees. The government did not publish the declarations.

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

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

Government Human Rights Bodies: The ombudsman’s main function is to defend and oversee the fulfillment and application of the rights and liberties included in the constitution and to ensure the public sector adheres to constitutional principles. The Ombudsman’s Office also covers all cases of discrimination in the private sector as well as in the protection of the rights of minors and persons with disabilities. The ombudsman is independent from other institutions and provides its functions free of charge to interested persons. He enjoyed the government’s cooperation and operated without government interference. The ombudsman had adequate resources, published an annual report to parliament with recommendations, and was considered effective.

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

On February 15, parliament approved the first-ever Equality and Nondiscrimination Law, which provides for the right to equal treatment and nondiscrimination, and strengthens effective protection through the establishment of judicial, administrative, and institutional guarantees, which provide protection and reparation for victims of discrimination. The law also provides for a sanctioning regime. The Department of Equality Policies designed programs and activities to start implementing the law.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

On February 1, a labor law providing for a new legal framework came into effect. The constitution and law provide for workers to form and join independent trade unions. Parliament also approved laws regulating the relations between trade unions and employer associations as well as mechanisms of collective conflict. The law provides for the rights to bargain collectively and to strike. Alternate dispute resolution mechanisms such as mediation and arbitration exist. The law neither prohibits antiunion discrimination nor requires the reinstatement of workers fired for union activity.

While the government effectively enforced the law, the county’s main union Unio Sindical d’Andorra (USDA) criticized the new law for allegedly not effectively protecting workers.

The government and employers respected freedom of association. Collective bargaining did not occur during the year. There were no official reports of or investigations into any antiunion discrimination. Workers continued to be reluctant to admit to union membership due to fear of retaliation by their employers and arbitrary dismissal.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits children younger than age 14 from working and all of the worst forms of child labor. Children ages 14 or 15 may work up to two months per year during school holidays following strict regulations contained in the law. The law limits work by children who are ages 14 or 15 to no more than six hours per day, limits work by children ages 16 or 17 to eight hours per day, provides for safety restrictions, restricts the types of work children may perform, and outlines other conditions. According to the law, children may not work overtime, work overnight, or work in dangerous occupations, especially in the construction sector. The law provides for protection of children from exploitation in the workplace. Penalties are sufficient to deter violations. The government effectively enforced the law.

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. Some cases of discrimination against persons with disabilities, persons based on sexual orientation, and women occurred with respect to employment or occupation. Discrimination against persons with disabilities existed in the form of social and cultural barriers, as well as disadvantages in the labor market. The Department for Social Affairs and Labor’s four-year strategic plan (2016-19) favors the hiring of persons with disabilities. The plan established the Network of Inclusive Businesses that hired 25 persons with disabilities. Companies received fiscal and social incentives for participating.

Women represented 49 percent of the workforce. The law does not require equal pay for equal work. Although no cases were filed during the year, the ADA and trade union representatives from the USDA reported cases of gender discrimination, especially relating to unequal salaries for the same work and workplace bullying. Victims were reluctant to file a complaint due to fear of reprisal from employers. The Andorran Social Security Fund and the Department of Statistics estimated that women earned on average 21-percent less than men for comparable work. In the financial sector, this percentage increased to 38 percent. The government made an effort to combat pay discrimination in general, and it applied pay equality within the government.

e. Acceptable Conditions of Work

The national minimum wage was not sufficient to provide a decent standard of living for a worker and family. The national ombudsman reported that the minimum wage was not enough to make housing affordable. The government generally enforced minimum wage laws, and penalties were sufficient to deter violations.

Workers may work up to two overtime hours per day or 15 hours per week, 50 hours per month, and 426 hours per year.

The responsibility for identifying unsafe situations remains with occupational safety and health experts and not the worker.

The law covers agricultural, domestic, and migrant workers. The Labor Inspection Office has the authority to levy sanctions and fines against companies violating standards and enforced compliance. The Office had sufficient resources to enforce compliance. Penalties were sufficient to deter violations. As of the end of August, the Labor Inspection Office had received 55 complaints.

Antigua and Barbuda

Executive Summary

Antigua and Barbuda is a multiparty parliamentary democracy. Queen Elizabeth II is the head of state. The governor general is the queen’s representative in country and certifies all legislation on her behalf. The ruling Antigua and Barbuda Labour Party won a majority of seats in March 2018 parliamentary elections. In their initial report, election monitors stated there were problems with the electoral process but concluded that the results “reflected the will of the people.” As of November their final report had not been released.

Security forces consist of a police force; a prison guard service; immigration, airport, and port security personnel; the Antigua and Barbuda Defence Force; and the Office of National Drug Control and Money Laundering Policy. Police fall under the supervision of the attorney general, who is also the minister of justice, legal affairs, public safety, and labor. Immigration falls under the minister of foreign affairs, international trade, and immigration. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included serious corruption and laws against consensual male same-sex sexual activity, although the laws against same-sex sexual activity were not strictly enforced.

The government took steps to prosecute and punish those who committed human rights abuses. There were no reports of impunity involving the security forces during the year.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, but the government respected this right on a somewhat limited basis.

Press and Media, Including Online Media: Privately owned print media, including daily and weekly newspapers, were active. There were claims, however, that the government was hostile to opposition and independent media and did not provide them equal access to government officials. Senior government officials routinely refused to grant interviews to media outlets critical of the ruling Labour Party.

Libel/Slander Laws: In contrast with 2018, there were no reports of new libel cases.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The government handles asylum requests on an ad hoc basis.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Media reported several allegations of corruption against officials during the year. A culture of impunity for acts of official financial corruption existed at all levels of the government.

Corruption: Media and private citizens reported government corruption was widespread and endorsed at the highest levels of government. On a radio program in March, Prime Minister Gaston Browne explained how Antiguan politicians manipulated government contracts to include a “platform for theft,” stating ministers could “walk away with five million dollars, no questions asked.” In the same interview, Browne said he had no problem with politicians who “enrich themselves creatively.” Although the government took steps to improve public financial management and transparency, citizens continued to express concern about oversight and use of funds raised by the Citizenship by Investment program. Of particular concern was the ability of international criminals and fugitives to acquire citizenship through the investment program to avoid prosecution and accountability.

Financial Disclosure: The law requires elected public officials to disclose in a confidential report to the Integrity Commission all income, assets, and personal gifts received in the course of the performance of their public functions. The commission has the power to investigate public officials without a formal complaint being lodged, but the commission lacked adequate staff for investigations. The commissioner made a formal request to the government for additional resources.

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

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

Government Human Rights Bodies: There is an ombudsman, who is an independent authority appointed by parliament to handle complaints made by the public against police, government officials, and government offices. The ombudsman takes complaints, conducts investigations, and then makes recommendations to the relevant authorities.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of public- and private-sector workers to form and join independent unions. The law also provides for the right to bargain collectively and conduct legal strikes, but it imposes several restrictions on the right to strike. The law prohibits antiunion discrimination by employers, but it does not specifically require reinstatement of workers illegally fired for union activity.

Freedom of association and the right to collective bargaining were generally respected. There were no reports of antiunion discrimination, nor were there any reports of violations of collective bargaining rights.

Workers who provide essential services (including water, electricity, hospital, fire, prison, air traffic control, meteorology, telecommunications, government printing office, and port authority) must give two weeks’ notice of intent to strike. The International Labor Organization considered the country’s list of essential services to be overly broad by international standards, highlighting the inclusion of the government printing office and port authority. There were no strikes within the essential-services sector, but postal workers and some workers at a psychiatric hospital went on strike during the year. Protests were peaceful.

If either party to a dispute requests court mediation, strikes are prohibited under penalty of imprisonment for any private-sector worker and some government workers. The Industrial Relations Court may issue an injunction against a legal strike when the national interest is threatened or affected. The law prohibits retaliation against strikers.

Penalties for violating labor laws range from a minor fine to two months in prison and were adequate to deter violations. Government enforced the right of association and collective bargaining. Administrative and judicial procedures, however, were often subject to lengthy delays and appeals.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. While the government enforced the law, it did not fully implement standard operating procedures on proactive identification and referral of forced labor victims. The labor code allows the labor inspectorate authority to enter residences to investigate allegations of forced or compulsory labor. Forced child labor occurred in domestic service and the retail sector.

The Office of National Drug and Money Laundering Control Policy investigates cases of trafficking in persons, including forced labor allegations. The law prescribes penalties of 20 to 30 years’ imprisonment with fines not to exceed $400,000 XCD ($148,000). These penalties were sufficiently stringent to deter violations.

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

c. Prohibition of Child Labor and Minimum Age for Employment

Laws contain definitions that collectively constitute the worst forms of child labor, but specific details are not in any single statute. The government enforced child labor laws effectively, and there were no reports of child labor law violations during the year.

The law stipulates a minimum working age of 16 years although work prohibitions do not apply to family businesses. In some circumstances children younger than 16 are eligible for employment with restrictions, such as working only during nonschool hours and working only a certain number of hours. Persons younger than 18 may not work past 10 p.m., except in certain sectors, and in some cases must have a medical clearance to obtain employment. No list of hazardous work exists for the protection of those younger than 18.

The law requires the Ministry of Labour to conduct periodic inspections of workplaces, and the ministry effectively enforced the law. The law allows for a small financial penalty or three months in prison for violations, which were adequate to deter violations. The Labour Commissioner’s Office has an inspectorate that investigates child labor in the formal and informal sectors.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation regarding race, color, sex, age, national origin, citizenship, political beliefs, and disability. In general the government effectively enforced the law and regulations. Penalties include a fine and up to 12 months in prison, which were adequate to deter violations. The Ministry of Labour did not receive any discrimination complaints during the year.

The law does not prohibit employment discrimination based on religion, language, sexual orientation, gender identity, HIV-positive status or other communicable diseases, or social status, but the government encouraged employers not to discriminate on these grounds. Female migrant workers, who worked mainly in hospitality and industry, reported discrimination. There were also anecdotal reports of employment discrimination against employees with HIV/AIDS (see section 6, HIV and AIDS Social Stigma).

e. Acceptable Conditions of Work

The government does not have an established poverty level. Most workers earned substantially more than the minimum wage.

The law provides that workers are not required to work more than a 48-hour, six-day workweek. The law requires that employees be paid for overtime work at one and one-half times the employees’ basic wage per hour after exceeding 40 hours in the workweek. The Ministry of Labour put few limitations on overtime, allowing it in temporary or occasional cases, but did not allow employers to make regular overtime compulsory.

The law includes occupational safety and health provisions, but the government has not developed occupational safety and health regulations apart from those regarding child labor. The law does not specifically provide that workers can remove themselves from situations that endanger health or safety without jeopardy to their employment. It does, however, give the ministry the authority to require special safety measures, not otherwise defined in the law, for worker safety.

Labor inspectors from the Ministry of Labour and the Industrial Court are responsible for enforcement in the formal and informal sectors. The number of labor inspectors was not sufficient to enforce compliance. The government enforced labor laws, including levying remedies and penalties of up to $5,000 XCD ($1,850) for nonpayment of work. Penalties for illegal overtime did not always effectively deter labor violations.

Labor inspectors reported they conducted periodic health and safety checks, as well as inspections of working conditions and work permit violations. Workers in construction, mechanics, and agriculture were particularly vulnerable to hazardous working conditions and accidents, especially when working with heavy machinery.

Australia

Executive Summary

Australia is a constitutional democracy with a freely elected federal parliamentary government. In a free and fair federal parliamentary election in May, the Liberal Party and National Party coalition was re-elected with a majority of 77 seats in the 151-seat House of Representatives. The House subsequently reconfirmed Scott Morrison as prime minister.

The Australian Federal Police (AFP), an independent agency of the Department of Home Affairs, and state and territorial police forces are responsible for internal security. The AFP enforces national laws and state and territorial police forces enforce state and territorial laws. The Department of Home Affairs and the Australian Border Force are responsible for migration and border enforcement. Civilian authorities maintained effective control over the security forces.

There were no reports of significant human rights abuses.

The government took steps to prosecute officials accused of abuses, and ombudsmen, human rights bodies, and internal government mechanisms responded effectively to complaints.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Although the constitution does not explicitly provide for freedom of speech or press, the High Court has held that the constitution implies a limited right to freedom of political expression, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Libel/Slander Laws: Journalists expressed concern that strict defamation laws have had a “chilling effect” on investigative journalism and freedom of the press. In February businessman and political donor Chau Chak Wing won a defamation case against a media organization that linked him to a bribery case implicating a former president of the UN General Assembly. A member of parliament, Andrew Hastie, criticized the verdict, saying, “Generally speaking, we are concerned about the impact that defamation laws in Australia are having on responsible journalism that informs Australians about important national security issues.”

National Security: In June the AFP raided ABC’s headquarters and the home of a News Corp journalist as part of an investigation into the alleged publishing of classified national security information. The media union denounced the raids as an attempt to “intimidate” journalists; an Essential Poll found that three-quarters of citizens were concerned about press freedom in the aftermath of the raids. The country’s three largest media organizations–ABC, News Corp, and Nine Entertainment–jointly called for more legal protections for journalists and whistleblowers. In July the parliamentary Joint Committee on Intelligence and Security opened an inquiry into the impact of law enforcement and intelligence powers on the freedom of the press. Media companies challenged the constitutionality of the AFP’s warrants in court.

b. Freedoms of Peaceful Assembly and Association

Although the freedoms of peaceful assembly and association are not codified in law, the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Domestic and international organizations expressed serious concern about credible allegations of abuse of migrants in the detention center on Nauru and from the former detention center at Manus Island in Papua New Guinea. Abuses included inadequate mental health and other medical services, instances of assault, sexual abuse, suicide, self-harm, suspicious deaths, and harsh conditions. The government claimed to continue to provide necessary services to refugees.

In March parliament passed medevac legislation giving medical experts the authority to authorize refugees and asylum seekers from the former Manus Island detention center or Nauru to travel to Australia to receive medical treatment. According to media reports, 179 persons had transferred to the country for health reasons under this legislation as of December.

In December parliament repealed the medevac legislation, a step human rights advocates denounced. The repeal of the law restores the full discretion of federal ministers to accept or reject medical transfers to the country. The UN High Commissioner for Refugees (UNHCR) released a statement saying that it was “disappointed by the repeal” and expressing concern that it “may negatively impact vital care for asylum seekers in offshore processing facilities.”

Refoulement: UNHCR noted that immigration authorities in the country and offshore detention centers forcibly deported refugees and asylum seekers. The government refused to allow these families to be reunited in the country. UNHCR is aware of several cases where family members are held on offshore processing facilities, while spouses undergoing medical treatment reside in the country.

Access to Asylum: The law provides for granting asylum or refugee status. The government maintains a humanitarian refugee program that includes several types of visas available to refugees for resettlement in the country. UNHCR identifies and refers the majority of applicants considered under the program.

The law authorizes the immigration minister to designate a country as a regional offshore processing center. Parliament must be notified and then has five days to reject the proposed designation. Asylum seekers transferred to third countries for regional processing have their asylum claims assessed by the country in which the claim is processed. Agreements were in effect with Nauru (2013) and Cambodia (2014), although the latter has been little used.

In May authorities intercepted a boat with 20 Sri Lankans trying to reach the country to claim asylum. The Sri Lankans were taken to Christmas Island, a small Australian island approximately 300 miles south of Jakarta. They were held there for a few days while their asylum claims were adjudicated. After the claims were denied, the 20 were flown back to Sri Lanka with the cooperation of the Sri Lankan government. The incident was the first use of Christmas Island for detention of asylum seekers in five years. Authorities also occasionally forced intercepted boats carrying smuggled persons back into the territorial waters of their country of embarkation when safe to do so.

By law the government must facilitate access to legal representation for persons in immigration detention in the country. Access to government-funded legal assistance is available only to those who arrived through authorized channels.

In June 2018 the immigration minister stated no refugee in Papua New Guinea or Nauru, including persons with close family ties, would be resettled in the country. The government sought to enforce this policy, although UNHCR representatives accused the government of breaking a previous promise to accept refugees with close family ties. Moreover, the long-term status of persons evacuated to the country for medical treatment pursuant to the March parliamentary action remained uncertain as of November.

Durable Solutions: The government accepted refugees for resettlement from third countries and funded refugee resettlement services. The Humanitarian Settlement Services program provided case-specific assistance that included finding accommodation, employment programs, language training, registering for income support and health care, and connecting with community and recreational programs.

Temporary Protection: The law permits two temporary protection options for individuals who arrived in the country and were not taken to regional processing centers in third countries. The temporary protection visa (TPV) is valid for three years, and visa holders are able to work, study, and reside anywhere in the country with access to support services. Once expired, TPV holders are eligible to reapply for another TPV. The Safe Haven Enterprise Visa (SHEV) is valid for five years and is granted on the basis that visa holders intend to work or study in nonmetropolitan areas. SHEV holders are eligible to apply for certain permanent or temporary visas after 42 months.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to change their government through free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Voting is mandatory.

Section 4. Corruption and Lack of Transparency in Government

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

Corruption: All states have anticorruption bodies that investigate alleged government corruption, and every state and territory appoints an ombudsman who investigates and makes recommendations in response to complaints about government decisions. The government also appoints one commonwealth (federal) ombudsman as laws differ between states, and one process or policy cannot always be used across jurisdictions.

The Australian Capital Territory established its anticorruption commission in July.

The law requires persons and entities who have certain arrangements with, or undertake certain activities on behalf of foreign principals to register with the government.

Financial Disclosure: The law requires all federal, state, and territory elected officials to report their financial interests. Failure to do so could result in a finding of contempt of parliament and a possible fine or jail sentence. Federal officeholders must report their financial interests to a register of pecuniary interests, and the report must be made public within 28 days of the individual’s assumption of office. The law prohibits foreign campaign contributions.

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

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

Government Human Rights Bodies: The Human Rights Commission (HRC), an independent organization established by parliament, investigates complaints of discrimination or breaches of human rights under the federal laws that implement the country’s human rights treaty obligations. The HRC reports to parliament through the attorney general. Media and nongovernmental organizations deemed its reports accurate and reported them widely. Parliament has a Joint Committee on Human Rights, and federal law requires that a statement of compatibility with international human rights obligations accompany each new bill.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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

The law requires that employers act in “good faith” when a majority of employees want a collective agreement, although it places some restrictions on the scope of collective bargaining. Prohibited terms include requiring payment of a bargaining services fee, enabling an employee or employer to “opt out” of coverage of the agreement, and anything that breaches the law. Furthermore, the law prohibits multienterprise agreements or “pattern bargaining,” although low-paid workers can apply for a “low-paid bargaining stream” to conduct multienterprise bargaining.

When deciding whether to grant a low-paid authorization, the Fair Work Commission (FWC) looks at factors including the terms and conditions of employment, the bargaining strength of employees, and whether employers and employees are bargaining for the first time. A bargaining agent may represent either side in the process. The law designates collective agreements as being between employers and employees directly; trade unions are the default representatives of their members but, with some exceptions, are not official parties to collective agreements.

The law restricts strikes to the period when unions are negotiating a new enterprise agreement and specifies that strikes must concern matters under negotiation, known as “protected action.” Protected action provides employers, employees, and unions with legal immunity from claims of losses incurred by industrial action. Industrial action must be authorized by a secret ballot of employees; unions continued to raise concerns this requirement was unduly time consuming and expensive to implement. The law subjects strikers to penalties for taking industrial action during the life of an agreement and prohibits sympathy strikes. The law permits the government to stop strikes judged to have caused “significant economic harm” to the employer or third parties. Some jurisdictions have further restrictions. For example, in New South Wales the state government may cancel a union’s registration if the government makes a proclamation or calls a state of emergency concerning an essential service and the “industrial organization whose members are engaged in providing the essential service has, by its executive, members, or otherwise, engaged in activities which are contrary to the public interest.”

The government effectively enforced applicable laws. Penalties for violations of freedom of association and collective bargaining protections for individuals and for corporations were generally sufficient to deter violations. The FWC is the national independent industrial relations management institution. Its functions include facilitating dispute resolution; if dispute resolution is unsuccessful, the parties may elect the FWC to arbitrate the dispute, or the applicant may pursue a ruling by a federal court.

Unions reported concerns that the scope of collective bargaining had been narrowed in recent years, including through decisions by the FWC, which also affected the right to strike.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including by migrant workers. Penalties were sufficient to deter violations. As of January 1, companies of a certain size must file annual statements identifying risks for modern slavery in their supply chains and efforts to address those risks. The first statements are due by mid-2020.

The government effectively enforced applicable labor laws and convicted four defendants in one case involving forced labor. In one case, in April a court convicted a couple of bringing a Fijian woman to the country, withholding her passport, and forcing her to work as a maid in their Brisbane home between 2008 and 2016. Most forced labor cases were addressed through civil law.

Some foreign nationals who came to the country for temporary work were subjected to forced labor in sectors such as agriculture, cleaning, construction, hospitality, and domestic service. There were reports some domestic workers employed by foreign diplomats faced conditions indicative of forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

Not all of the worst forms of child labor are prohibited. As noted by the International Labor Organization, the use, procuring or offering of a child age 16 and 17 for the production of pornography or pornographic performances is not prohibited in New South Wales. In Queensland it remains unclear whether children ages 16 and 17 can be used, procured, or offered for the production of pornography or pornographic performances. There is no law prohibiting the use, procuring, or offering of a child younger than age 18 for illicit activities, in particular for the production and trafficking of drugs, in the Northern Territory.

There is no federally mandated minimum age of employment. State minimums vary from no minimum age to age 15. With the exception of the states of Victoria and Queensland, and the Norfolk Island territory, states and territories have established 18 years as the minimum age for hazardous work.

There are laws and regulations pertaining to hazardous work across sectors. For example, under the law in Western Australia, an underground worker may not be younger than age 18 unless he or she is an apprentice or a cadet working underground to gain required experience; a person handling, charging, or firing explosives may not be younger than age 18; and a person may not be younger than age 21 to obtain a winding engine driver’s certificate.

Federal, state, and territorial governments effectively monitored and enforced the laws. Penalties for violations of related laws included fines and were sufficient to deter violations.

The Office of the Fair Work Ombudsman (FWO) actively sought to educate young workers about their rights and responsibilities. Compulsory educational requirements effectively prevented most children from joining the workforce full-time until they were age 17. Although some violations of these laws occurred, there was no indication of a child labor problem in any specific sector. There were some reports of commercial sexual exploitation of children (see section 6, Children).

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings  for information on the territories of Christmas Island, Cocos (Keeling) Island, and Norfolk Island.

d. Discrimination with Respect to Employment and Occupation

Federal, state, and territory laws provide for protections against employment discrimination. The HRC reviews complaints of discrimination on the ground of HIV/AIDS status under the category of disability-related complaints.

The law requires organizations with 100 or more employees to establish a workplace program to remove barriers to women entering and advancing in their organization. The law requires equal pay for equal work. The government continued efforts to encourage persons under the Disability Support Pension (DSP) program to enter the workforce when they have the capacity to do so, including by requiring compulsory workforce activities for DSP recipients younger than age 35 who can work for more than eight hours per week.

The government enforced laws prohibiting employment discrimination; however, employment discrimination against women, indigenous persons, and persons with disabilities occurred. According to the government’s Workplace Gender Equality Agency, the full-time gender pay gap was 15.3 percent. The International Labor Organization noted its concern that, despite several government initiatives, indigenous peoples continued to be disadvantaged and that employment targets were not met.

Persons with disabilities also faced employment discrimination. In 2017-18, the latest year for which such data were available, approximately 30 percent of the complaints about disability discrimination received by the HRC were in the area of employment and 36 percent in the area of goods, services, and facilities.

e. Acceptable Conditions of Work

For a single adult living alone, the minimum wage exceeded the poverty line defined as 50 percent of median income.

By law maximum weekly hours are 38 plus “reasonable” additional hours, which, by law, must take into account factors such as an employee’s health, family responsibilities, ability to claim overtime, pattern of hours in the industry, and amount of notice given. An employee may refuse to work overtime if the request is “unreasonable.”

Federal or state occupational health and safety laws apply to every workplace, including in the informal economy. By law both employers and workers are responsible for identifying health and safety hazards in the workplace. Workers can remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. The law includes an antibullying provision. The law also enables workers who are pregnant to transfer to a safe job regardless of their time in employment.

The government effectively enforced laws related to minimum wage, hours of work, and occupational safety and health. The FWO provides employers and employees advice on their rights and has authority to investigate employers alleged to have exploited employees unlawfully. The ombudsperson also has authority to prosecute employers who do not meet their obligations to workers. FWO inspectors may enter work sites if they reasonably believe it is necessary to ensure compliance with the law. The number of FWO inspectors was sufficient to enforce compliance. Inspectors can order employers to compensate employees and sometimes assess fines. Penalties were generally sufficient to deter violations, but there were some reports violations continued in sectors employing primarily migrant workers.

Workers exercised their right to a safe workplace and had recourse to state health and safety commissions, which investigate complaints and order remedial action. Each state and territory effectively enforced its occupational health and safety laws through dedicated bodies that have powers to obtain and initiate prosecutions, and unions used right-of-entry permits to investigate concerns.

Most workers received higher compensation than the minimum wage through enterprise agreements or individual contracts. Temporary workers include both part-time and casual employees. Part-time employees have set hours and the same entitlements as full-time employees. Casual employees are employed on a daily or hourly wage basis. They do not receive paid annual or sick leave, but the law mandates they receive additional pay to compensate for this, which employers generally respected. Migrant worker visas require that employers respect employer contributions to retirement funds and provide bonds to cover health insurance, worker’s compensation insurance, unemployment insurance, and other benefits.

There continued to be reports of employers exploiting immigrant and foreign workers (also see section 7.b.). As part of the FWO’s Harvest Trail inquiry into the exploitation of overseas workers in the agricultural sector, the FWO continued to operate a system for migrant workers to report workplace issues anonymously in 16 languages.

There were reports some individuals under “457” employer-sponsored, skilled worker visas received less pay than the market rate and were used as less expensive substitutes for citizen workers. The government improved monitoring of “457” sponsors and information sharing among government agencies, particularly the Australian Tax Office. Employers must undertake “labor market testing” before attempting to sponsor “457” visas. A “417” working holiday visa-holder inquiry recently found the requirement to do 88 days of specified, rural paid work to qualify for a second-year visa enabled some employers to exploit overseas workers.

Safe Work Australia, the government agency responsible to develop and coordinate national workplace health and safety policy, cited a preliminary estimate that, in the year to October, 121 workers died while working. Of these fatalities, 41 were in the transport, postal, and warehousing sectors; 28 in the agriculture, forestry, and fishing sectors; and 17 in construction.

Austria

Executive Summary

The Republic of Austria is a parliamentary democracy with constitutional power shared between a popularly elected president and a bicameral parliament (federal assembly). The multiparty parliament and the coalition government it elects exercise most day-to-day governmental powers. Parliamentary elections in September 2019 and presidential elections in 2016 were considered free and fair.

The federal police maintain internal security and report to the Ministry of the Interior. The army is responsible for external security but also has some domestic security responsibilities and reports to the Defense Ministry. Civilian authorities maintained effective control over the security forces.

There were no reports of significant human rights abuses.

The government investigated public officials for suspected wrongdoing and punished those who committed abuses. The criminal courts are responsible for investigating police violations of the law. There were no reports of impunity involving the security forces during the year.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Expression: The law prohibits incitement, insult, or contempt against a group because of its members’ race, nationality, religion, or ethnicity if the statement violates human dignity, and imposes criminal penalties for violations. The law also prohibits public denial, belittlement, approval, or justification of the Nazi genocide or other Nazi crimes against humanity in print media, broadcast media, the publication of books, and online newspapers or journals and provides criminal penalties for violations. The law also prohibits disparagement of religious teachings in public. The government strictly enforced these laws (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/).

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views.

Libel/Slander Laws: NGOs reported that strict libel and slander laws created conditions that discouraged reporting of governmental abuse. For example, many observers believed the ability and willingness of police to sue for libel or slander discouraged individuals from reporting police abuses.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: Asylum seekers’ freedom of movement was restricted to the district of the reception center assigned by authorities for the duration of their initial application process until the country’s responsibility for examining the application was determined. By law, asylum seekers must be physically present in the centers of first reception for up to 120 hours during the initial application process. Authorities have 20 days in which to determine the country’s responsibility and jurisdiction for the case.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees.

Safe Country of Origin/Transit: EU regulations provide that asylum seekers who transit an EU country determined to be “safe” on their way to Austria be returned to that country to apply for refugee status. Authorities considered signatories to the 1951 refugee convention and its 1967 protocol to be safe countries of transit. The Federal Administrative Court ruled, however, that deportations to Hungary would have to be examined on an individual basis due to the possibility of human rights abuses there.

Employment: While asylum seekers are legally restricted from seeking regular employment, they are eligible for seasonal work, low-paying community service jobs, or professional training in sectors that require additional apprentices. A work permit is required for seasonal employment but not for professional training. An employer must request the work permit for the prospective employee.

Durable Solutions: There are provisions for integration, resettlement, and returns, which the country was cooperating with the Office of the UN High Commissioner for Refugees and other organizations to improve. The integration section in the Ministry for Foreign Affairs and Integration, together with the Integration Fund and provincial and local integration offices, coordinated measures for integration of refugees.

Temporary Protection: According to the Interior Ministry, in 2018 the government provided temporary protection to approximately 4,190 individuals who might not qualify as refugees but were unable to return to their home countries. According to the Interior Ministry, between January and August, the government provided temporary protection to approximately 1,455 individuals.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Anticorruption laws and regulations extend to civil servants, public officials, governors, members of parliament, and employees or representatives of state-owned companies. The law also criminalizes corrupt practices by citizens outside the country. The penalty for bribery is up to 10 years in prison.

Corruption: The trial of former finance minister Karl-Heinz Grasser and 15 others on embezzlement and corruption charges continued. Grasser and his codefendants were charged in connection with the 2.45 billion euro ($2.7 billion) auction sale of 62,000 state-owned apartments in 2004. Prosecutors alleged that information from the Finance Ministry under Grasser’s leadership helped the eventual auction winner by signaling the size of the bid needed to acquire the properties.

In May the vice chancellor and leader of the Freedom Party resigned after the publication of a 2017 video in which he promised a woman posing as a wealthy Russian that he could manipulate government procurement contracts to her benefit in exchange for her purchasing a major stake in a mass-tabloid newspaper and providing his party with positive media coverage. A special unit with the Vienna Prosecutor’s Office began investigating the case in May.

Financial Disclosure: Public officials are subject to financial disclosure laws; there were no reports that officials failed to comply with disclosure requirements. Politicians must publicly disclose biannually when they earn more than 1,142 euros ($1,260) for certain activities, but they are not required to disclose the amounts they earned. The law does not require public officials to file disclosure reports upon leaving office. There are no sanctions for noncompliance with financial disclosure laws.

In July campaign finance reform legislation went into effect that set new annual limits on campaign donations of 7,500 euros ($8,300) for single donations and a maximum of 750,000 euros ($830,000) in total donations from all sources. The law increases fines for violations to 150 percent of the amount of an illegal donation.

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

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

Government Human Rights Bodies: A human rights ombudsman’s office consisting of three independent commissioners examined complaints against the government. The ombudsman’s office is completely independent and has its own budget; parliament appoints its members. The ombudsman’s office effectively monitored government activities. A parliamentary human rights committee provides oversight.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides the right of workers to form and join independent unions, conduct legal strikes, and bargain collectively. It prohibits antiunion discrimination or retaliation against strikers and provides for the reinstatement of workers fired for union activity. The law allows unions to conduct their activities without interference. The Austrian Trade Union Federation was the exclusive entity representing workers in collective bargaining. Unions were technically independent of government and political parties, although some sectors had unions closely associated with parties.

The government effectively enforced applicable laws that covered all categories of workers. Resources, inspections, and remediation were adequate. Penalties for violations were of civil nature, with fines imposed. Administrative, registration, and judicial procedures were not overly lengthy.

There were few reports of antiunion discrimination or other forms of employer interference in union functions. The government and employers recognized the right to strike and respected freedom of association and the right to collective bargaining. Authorities enforced laws providing for collective bargaining and protecting unions from interference and workers from retaliation for union activities.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, the government effectively enforced the law, and resources, inspections, and remediation were adequate. Labor inspectors and revenue authorities conducted routine site visits to identify forced labor. The government initiated forced labor awareness campaigns and workshops. Depending on the specific offense, penalties ranged from three to 20 years’ imprisonment and were sufficient to deter most violations.

According to antitrafficking NGOs and court documents, some citizens and migrants, both men and women, were subjected to trafficking and forced labor in the agriculture, construction, and restaurant/catering sectors. Some traffickers also subjected Romani children and persons with physical and mental disabilities to trafficking for forced begging.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. The minimum legal working age is 15, with the exception that children who are at least 13 may engage in certain forms of light work on family farms or businesses. Children who are 15 and older are subject to the same regulations on hours, rest periods, overtime wages, and occupational health and safety restrictions as adults, but are subject to additional restrictions on hazardous forms of work or for ethical reasons. Restrictions for hazardous jobs include work with materials considered dangerous for teenagers, work in the sawmill business, on high-voltage pylons, and specified jobs in the construction business.

Laws and policies protect children from exploitation in the workplace and prohibit forced or compulsory labor, and the government generally enforced these laws and policies effectively.

The labor inspectorate of the Ministry of Labor, Social Affairs, and Consumer Protection is responsible for enforcing child labor laws and policies in the workplace and did so effectively. Penalties in the form of fines may be doubled in cases of repeated violations of the child labor code. Penalties were sufficient to deter violations.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations related to employment or occupation prohibit discrimination regarding race, sex, gender, disability, language, sexual orientation or gender identity, HIV-positive (or other communicable disease) status, religion, age, or world view. The government effectively enforced these laws and regulations. Penalties for violations were sufficient to deter violations.

Discrimination in employment and occupation occurred with respect to women, persons with disabilities, and members of certain minorities. A Muslim community office focused on documenting anti-Islamic acts reported discriminatory hiring practices against Muslim women wearing headscarves when trying to obtain a retail or customer service position. Companies sometimes preferred to pay a fine rather than hire a person with a disability.

The law requires equal pay for equal work, but women occasionally experienced discrimination in remuneration.

Female employees in the private sector may invoke laws prohibiting discrimination against women. Depending on the Federal Equality Commission’s findings, labor courts may award the equivalent of up to four months’ salary to women found to have experienced gender discrimination in promotion, despite being better qualified than their competitors. The courts may also order compensation for women denied a post despite having equal qualifications.

e. Acceptable Conditions of Work

There is no legislated national minimum wage. Instead, nationwide collective bargaining agreements covered between 98 and 99 percent of the workforce and set minimum wages by job classification for each industry. Where no such collective agreements existed, such as for domestic workers, custodial staff, and au pairs, wages were generally lower than those covered by collective bargaining agreements. The agreements set wages above the poverty line except in a few cases.

The law in general provides for a maximum workweek of 40 hours, although collective bargaining agreements established 38- or 38.5-hour workweeks for more than half of all employees. Regulations to increase workhour flexibility allowed companies to increase the maximum regular time from 40 hours to 50 hours per week with overtime. A law that entered into force in August allows work hours to be increased to a maximum of 12 hours per day and 60 hours per week, including overtime, but employees can refuse, without providing a reason, to work more than 10 hours per day.

Overtime is officially limited to 20 hours per week and 60 hours per year. The period worked more than an average of 17 weeks must not exceed 48 hours per week. Some employers, particularly in the construction, manufacturing, and information technology sectors, exceeded legal limits on compulsory overtime. Sectors with immigrant workers were particularly affected. Collective bargaining agreements can specify higher limits. An employee must have at least 11 hours off between workdays. Wage and hour violations can be brought before a labor court, which can fine employers who commit violations.

Foreign workers in both the formal and informal sectors made up approximately 19 percent of the country’s workforce. Authorities did not enforce wage and hour regulations effectively in the informal sector.

The labor inspectorate effectively enforced mandatory occupational health and safety standards, which were appropriate for the main industries. The number of inspectors was sufficient to deter violations. Resources and remediation remained adequate. Penalties for violations in the form of fines were sufficient to deter violations. In cases of violations resulting in serious injury or death, employers may be prosecuted under the penal code.

The government extended its Occupational Safety and Health Strategy 2007-12 initiative until 2020. The initiative focused on educational and preventive measures, including strengthening public awareness of danger and risk assessment (plus evaluation); preventing work-related illnesses and occupational diseases; providing training as well as information on occupational safety and health; and improving the training of prevention experts.

Workers could file complaints anonymously with the labor inspectorate, which could in turn sue the employer on behalf of the employee. Workers rarely exercised this option and normally relied instead on the nongovernmental workers’ advocacy group and the Chamber of Labor, which filed suits on their behalf. Workers in the informal economy generally did not benefit from social protections. Workers generally had to pay into the system in order to receive health-care benefits, unemployment insurance, and pensions, although persons who were not working could qualify for coverage in certain cases.

Workers could remove themselves from situations that endanger health or safety, without jeopardy to their employment. The Employment and Labor Relations Federal Public Service protected employees in this situation.

Bahamas

Executive Summary

The Commonwealth of The Bahamas is a constitutional parliamentary democracy. Prime Minister Hubert Minnis’s Free National Movement won control of the government in 2017 elections international observers found free and fair.

The Royal Bahamas Police Force maintains internal security. The Royal Bahamas Defence Force is primarily responsible for external security but also provides security at the Carmichael Road Detention Centre (for migrants) and performs some domestic security functions, such as guarding foreign embassies. Both report to the minister of national security. Civilian authorities maintained effective control over the security forces.

In September Hurricane Dorian, the worst humanitarian disaster in the history of the country, directly struck Grand Bahama and Abaco, the second- and third-most populated islands, respectively, displacing thousands of residents and causing billions of dollars in damage.

Significant human rights issues included violence by prison guards against prisoners. Libel is criminalized, although it was not enforced during the year.

The government took action to prosecute police officers, prison officials, and other officials accused of abuse of power and corruption.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. Independent media were active and expressed a wide variety of views without restriction.

Libel/Slander Laws: The law criminalizes both negligent and intentional libel, with a penalty of six months’ imprisonment for the former and two years for the latter. The government did not use criminal libel laws during the year.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Migrants continued to accuse police and immigration officers of excessive force and warrantless searches, as well as frequent solicitations of bribes by immigration officials (see sections 1.f., 4). Human rights organizations alleged that bias against migrants, particularly those of Haitian descent, intensified in the aftermath of Hurricane Dorian. The government generally enforced its immigration policies equally on all irregular migrants, regardless of nationality or origin.

The government generally cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, asylum seekers, stateless persons, and other persons of concern.

Refoulement: The government had an agreement with the government of Cuba to expedite removal of Cuban detainees. The announced intent of the agreement was to reduce the amount of time Cuban migrants spent in detention; however, concerns persisted the agreement allowed for information-sharing that heightened the risk of oppression from the Cuban government of detainees and their families.

Access to Asylum: While the law does not provide protection for asylum seekers, the government issued refugee cards to four asylum seekers in the past year, allowing them to work. Access to asylum in the country is informal, with no legal framework under which legal protections and practical safeguards could be implemented. The lack of refugee legislation or formal policy complicated UNHCR’s work to identify and assist asylum seekers and refugees.

According to the government, trained individuals screened applicants for asylum and referred them to the Department of Immigration and the Ministry of Foreign Affairs for further review. Government procedure requires the ministry to forward approved applications to the cabinet for a final decision on granting or denying asylum.

Authorities did not systematically involve UNHCR in asylum proceedings, but they sought UNHCR’s advice on specific cases during the year and granted access so that UNHCR could interview detained asylum seekers awaiting deportation.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. The long-standing lack of a fully implemented freedom of information act continued to limit citizens’ access to information necessary to inform their political decision-making.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Officials sometimes engaged in corrupt practices, including accepting small-scale “bribes of convenience,” with impunity. There were isolated reports of other government corruption during the year.

Corruption: Corruption in the Bahamas Department of Correctional Services was a long-standing problem, with allegations by both prisoners and prison wardens. In June a court convicted a former prison officer of smuggling two pounds of marijuana to a prisoner. The court fined the former officer 7,000 Bahamian dollars (B$) (one Bahamian dollar equals one U.S. dollar).

The campaign finance system is largely unregulated, with few safeguards against quid pro quo donations, creating a vulnerability to corruption. The procurement process was susceptible to corruption, as it contains no requirement to engage in open public tenders. The government nevertheless routinely issued open public tenders. The government had a process for all vendors and suppliers to register on an electronic platform to increase transparency and otherwise to improve the procurement process. The Minnis administration brought corruption charges against three former high-level government officials. As of December, however, two of the three had been acquitted, with claims of witness intimidation and jury tampering, as well as alleged missteps by the police and prosecutors overshadowing the credible allegations of corruption. The trial for a bribery case against a third former official was scheduled to begin in March 2020.

Haitian migrants reported being solicited by immigration officials for bribes to prevent detention.

Financial Disclosure: The Public Disclosure Act requires senior public officials, including senators and members of Parliament, to declare their assets, income, and liabilities annually. The government publishes a summary of the individual declarations. There was no independent verification of the submitted data.

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

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

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, participate in collective bargaining, and conduct legal strikes. The law prohibits antiunion discrimination. By law, employers may be compelled to reinstate workers illegally fired for union activity. Members of the police force, defense force, fire brigade, and prison guards may not organize or join unions, although police used professional associations to advocate on their behalf in pay disputes. Unions can exist without a majority vote from workers, but to be recognized by the government, a union must represent at least 50 percent plus one of the affected workers.

By law, labor disputes must first be filed with the Department of Labour. If not resolved, disputes are transferred to an industrial tribunal, which determines penalties and remedies, up to a maximum of 26 weeks of an employee’s pay. The tribunal’s decision is final and may be appealed in court only on a question of law.

The government generally respected freedom of association and the right to collective bargaining, and most–but not all–employers in the private sector did as well.

The government generally enforced the law, although Department of Labour officials admitted some legal reforms were necessary. Penalties varied by case but generally deterred violations. Administrative and judicial procedures were subject to lengthy delays and appeals. The Department of Labour wrote its annual report for the minister but did not provide updated statistics to the public during the year.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government generally enforced the law effectively. Local NGOs noted exploited workers often did not report their circumstances to government officials due to fear of deportation and lack of education about available resources. Penalties for forced labor were sufficiently stringent to deter violations.

Undocumented migrants were vulnerable to forced labor, especially in domestic servitude, in the agricultural sector, and particularly in the outlying Family Islands. There were reports noncitizen laborers, often of Haitian origin, were vulnerable to compulsory labor and suffered abuse at the hands of their employers, who were responsible for endorsing their work permits on an annual basis. Specifically, local sources indicated employers required noncitizen employees to “work off” the work permit fees, which ranged from B$750 to B$1,500 ($750-$1,500) for unskilled and semiskilled workers. The risk of losing the permit and the ability to work legally within the country was reportedly used as leverage for exploitation and created the potential for abuse.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. The law prohibits the employment of children younger than age 14 for industrial work and any work during school hours or between the hours of 8 p.m. and 6 a.m. Children between the ages of 14 and 17 may work between the hours of 8 p.m. and 6 a.m. but only in hotels, restaurants, food stores, general merchandise stores, and gas stations. Children between the ages of 14 and 17 may work outside school hours under the following conditions: on a school day, for not more than three hours; in a school week, for not more than 24 hours; on a nonschool day, for not more than eight hours; and in a nonschool week, for not more than 40 hours. The government did not have a list of jobs that are considered dangerous, although it intervened when children were performing permissible jobs in dangerous environments (e.g., selling peanuts at a dangerous intersection). Occupational safety and health restrictions apply to all minors. The government does not have a list of light work activities that are permitted for children age 12 and older.

The government generally enforced the law effectively. The Department of Labour reported no severe violations of child labor laws. The penalties for violating child labor laws generally deterred violations.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment based on race, skin color, national origin, creed, sex, marital status, political opinion, age, HIV status, and disability, but not based on language, sexual orientation, gender identity, religion, or social status. The government did not effectively enforce the law. While the law allows victims to sue for damages, many citizens were unable to sue due to a lack of available legal representation and the ability of wealthy defendants to prolong the process in courts.

e. Acceptable Conditions of Work

The minimum wage is above the established poverty line.

The law provides for a 40-hour workweek, a 24-hour rest period, and time-and-a-half payment for hours worked beyond the standard workweek. The law stipulates paid annual holidays and prohibits compulsory overtime. The law does not place a cap on overtime. The government set health and safety standards appropriate to the industries. According to the Department of Labour, the law protects all workers, including migrant workers, in areas including wages, working hours, working conditions, and occupational health and safety standards. Workers do not have the right to refuse to work under hazardous conditions, and legal standards do not cover undocumented and informal economy workers.

The Department of Labour is responsible for enforcing labor laws, including the minimum wage, and it generally enforced the law effectively. It had a team of inspectors that conducted onsite visits to enforce occupational health and safety standards and investigate employee concerns and complaints. Inspections occurred infrequently. The department generally announced inspection visits in advance, and employers generally cooperated with inspectors to implement safety standards. Penalties were sufficient to deter violations. Working conditions varied, and mold was a problem in schools and government facilities, a common problem due to climate conditions.

Barbados

Executive Summary

Barbados is a multiparty parliamentary democracy. Queen Elizabeth II is the head of state. The governor general is the queen’s representative in the country and certifies all legislation on her behalf. In the 2018 national elections, the Barbados Labour Party (BLP) won all 30 seats in the legislature. BLP leader Mia Mottley was appointed as prime minister by the governor general with the support of the BLP’s overwhelming parliamentary majority.

The Royal Barbados Police Force is responsible for internal law enforcement, including migration and border enforcement. The Barbados Defence Force protects national security and may be called upon to maintain public order in times of crisis, emergency, or other specific needs. In January the prime minister transferred responsibility for oversight of police and all other law enforcement agencies to the attorney general. The defense force reports to the minister of defense and security. The law provides that police may request defense force assistance with special joint patrols. Civilian authorities maintained effective control over the police and defense forces.

Significant human rights issues included the criminalization of consensual same-sex sexual activity between men. Authorities did not enforce the law on same-sex sexual activity during the year.

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

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Libel/Slander Laws: The press provided unverified, anecdotal reporting on corruption issues throughout the year. Civil society representatives raised concerns that defamation lawsuits could lead to self-censorship in some cases.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The Immigration Department was responsible for considering refugee and asylum claims.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Voters elect 30 members of the National Assembly. The governor general appoints 21 senators: 12 on the advice of the prime minister, two on the advice of the leader of the opposition, and nine at his or her discretion.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Media reported that senior officials acknowledged some official corruption occurred but said citizens were reluctant to file complaints.

Corruption: There were no formal investigations of government corruption during the year. There was unverified anecdotal evidence in the media, however, of government corruption.

Financial Disclosure: Upon assuming power in 2018, the prime minister required all high-level public officials to disclose income and assets to the government. While the government claimed officials complied with this directive, the disclosures were not published.

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

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

Government Human Rights Bodies: The Ombudsman’s Office hears complaints against government ministries, departments, or other authorities for alleged injuries or injustices resulting from administrative conduct. The governor general appoints the ombudsman on the recommendation of the prime minister and in consultation with the opposition. Parliament must approve the appointment. The ombudsman submits annual reports to Parliament that contain recommendations on changes to laws and descriptions of actions taken by the Ombudsman’s Office.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join unions and conduct legal strikes but does not specifically recognize the right to bargain collectively. Moreover, the law does not obligate employers to recognize unions or to accept collective bargaining. The law prohibits antiunion discrimination and protects workers engaged in union activity. A tribunal may order reinstatement, re-engagement, or compensation, although no cases of antiunion discrimination were reported during the year. The law permits all private-sector employees to strike but prohibits strikes by workers in essential services such as police, firefighting, electricity, and water.

In general the government effectively enforced labor law in the formal sector. Penalties were sufficient to deter violations. The law gives persons the right to have allegations of unfair dismissal tried before the Employment Rights Tribunal. The process often had lengthy delays. A tripartite group of labor, management, and government representatives met regularly. The group dealt with social and economic issues as they arose, formulating legislative policy, and setting and maintaining harmonious workplace relations.

With a few exceptions, workers’ rights generally were respected. Unions received complaints of violations of collective bargaining agreements, but most complaints were resolved through established mechanisms.

Although employers were under no legal obligation to recognize unions, most major employers did so when more than 50 percent of the employees made a request. Companies were sometimes hesitant to engage in collective bargaining with a recognized union, but in most instances they eventually did so. Smaller companies often were not unionized.

b. Prohibition of Forced or Compulsory Labor

The constitution prohibits all forms of forced or compulsory labor. The government generally enforced such laws, which was sufficient to deter violations.

Although there were no official reports of forced labor during the year, foreigners–especially those from neighboring Caribbean nations–remained at risk for forced labor, particularly in the domestic service, agriculture, and construction sectors. The punishment for labor or sex trafficking of adults is the same: 25 years in prison, a fine of one million BBD ($500,000), or both. Forced labor or sex trafficking of children is punishable by a fine of two million BBD (one million dollars), life imprisonment, or both. There were no prosecutions during the year.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The law provides for a minimum working age of 16 years for certain sectors but does not cover sectors such as agriculture or family businesses. The law prohibits children younger than age 18 from engaging in work likely to harm their health, safety, or morals, but it does not specify which occupations fall under this prohibition. The law prohibits employing children of compulsory school age (through age 16) during school hours. The law also prohibits school-age children from working after 6 p.m. The law was effectively enforced, and child labor laws were generally observed. Parents are culpable under the law if their children younger than age 16 are not in school. Under the Recruiting of Workers Act, children ages 14-16 may engage in light work with parental consent. The law does not provide a list of occupations constituting light work.

Ministry of Labour inspectors may initiate legal action against an employer found employing underage workers. Employers found guilty of violating the law may be fined or imprisoned for up to 12 months. Penalties were generally sufficient to deter violations. According to the chief labor inspector, no underage employment cases were filed in recent years. Although documentation was not available, observers commented that children may have been engaged in the worst forms of child labor, namely drug trafficking, and as victims of commercial sexual exploitation (see section 6, Children).

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination on grounds of race, sex, gender, sexual orientation, known or perceived HIV/AIDS status, or disability. Nevertheless, employment discrimination persisted against persons with HIV/AIDS. Foreign workers in high-risk sectors, such as domestic service, agriculture, or construction, were sometimes not aware of their rights and protections under the law. Unions expressed concern that domestic workers were occasionally forced to work in unacceptable conditions. Anecdotal information indicated persons with disabilities believed they were discriminated against because of their disabilities and that employers professed other reasons for not hiring them.

e. Acceptable Conditions of Work

There is no law establishing a national minimum wage. The law establishes minimum wages for housekeepers and shop assistants and is considered by society as the established “minimum wage.” Full-time shop assistants and housekeepers earn wages in excess of the poverty level.

The standard legal workweek is 40 hours in five days, and the law provides employees with three weeks of paid holiday for persons with less than five years of service and four weeks of paid holiday after five years of service. The law requires overtime payment of time and a half for hours worked in excess of the legal standard and prescribes all overtime must be voluntary. The law does not set a maximum number of overtime hours. The government set occupational safety and health standards that were current and appropriate for its industries.

The Ministry of Labour is charged with enforcing the minimum wage as well as work hours, and it did so effectively. The ministry also enforced health and safety standards and, in most cases, followed up to ensure management corrected problems, but the number of labor inspectors was insufficient to effectively enforce compliance. The ministry used routine inspections, accident investigations, and union membership surveys to prevent labor violations and to verify that wages and working conditions met national standards. Penalties include fines of up to $500 BBD ($250) per offense, imprisonment of up to three months, or both. These penalties were inadequate to ensure compliance. The ministry reported that it historically relied on education, consensus building, and moral persuasion rather than penalties to correct labor law violations. The ministry delivered presentations to workers to inform them of their rights, and it provided education and awareness workshops for employers. The ministry’s Health and Safety Inspection Unit conducted several routine annual inspections of government-operated corporations and manufacturing plants, with no serious problems noted.

Office environments received additional attention from the Ministry of Labour due to concerns about indoor air quality. Trade unions monitored safety problems to verify the enforcement of safety and health regulations as well as the correction of problems by management.

The law provides for the right of workers to refuse dangerous work without jeopardy to their employment, and authorities generally protected employees in this situation.

Belarus

Executive Summary

Belarus is an authoritarian state. The constitution provides for a directly elected president who is head of state and a bicameral parliament, the National Assembly. A prime minister appointed by the president is the nominal head of government, but power is concentrated in the presidency, both in fact and in law. Citizens were unable to choose their government through free and fair elections. Since his election as president in 1994, Alyaksandr Lukashenka has consolidated his rule over all institutions and undermined the rule of law through authoritarian means, including manipulated elections and arbitrary decrees. All subsequent presidential elections fell well short of international standards. The November parliamentary elections failed to meet international standards.

The Ministry of Internal Affairs exercises authority over police, but other bodies outside of its control, for example, the Committee for State Security (KGB), the Financial Investigations Department of the State Control Committee, the Investigation Committee, and presidential security services, exercise police functions. The president has the authority to subordinate all security bodies to his personal command, and he maintained effective control over security forces.

Significant human rights issues included: arbitrary arrest and detention; life-threatening prison conditions; arbitrary or unlawful interference with privacy; significant problems with the independence of the judiciary; undue restrictions on free expression, the press, and the internet, including censorship, site blocking, and the existence of laws regarding criminal libel and defamation of government officials; detention of journalists; severe restrictions on freedoms of peaceful assembly and association, including the imposition of criminal penalties for calling for a peaceful demonstration and laws penalizing the activities and funding of groups not approved by the authorities; restrictions on freedom of movement, in particular of former political prisoners whose civil rights remained largely restricted; restrictions on political participation, including persistent failure to conduct elections according to international standards; corruption in all branches of government; allegations of pressuring women to have abortions; and trafficking in persons.

Authorities at all levels often operated with impunity and failed to take steps to prosecute or punish officials in the government or security forces who committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press. The government did not respect these rights and enforced numerous laws to control and censor the public and media. Moreover, the state press propagated views in support of the president and official policies, without giving room for critical voices.

Freedom of Expression: Individuals could not criticize the president or the government publicly or discuss matters of general public interest without fear of reprisal. Authorities videotaped political meetings, conducted frequent identity checks, and used other forms of intimidation. Authorities also prohibited displaying certain historical flags and symbols and displaying placards bearing messages deemed threatening to the government or public order.

On June 10, a Minsk regional court convicted prominent painter and art performer Ales Pushkin for holding banners urging Belarus to join NATO as well as protesting “Russian Aggression in Europe” in the town of Krupki on June 6. Despite the fact that Pushkin staged his protest alone, authorities charged him with violating the Law on Mass Events and resisting police and fined him 204 rubles ($100).

The law also limits free speech by criminalizing actions such as giving information that authorities deem false or derogatory to a foreigner concerning the political, economic, social, military, or international situation of the country.

Press and Media, Including Online Media: Government restrictions limited access to information and often resulted in media self-censorship. State-controlled media did not provide balanced coverage and overwhelmingly presented the official version of events. Appearances by opposition politicians on state media were rare and limited primarily to those required by law during election campaigns. Authorities warned, fined, detained, and interrogated members of independent media.

By law the government may close a publication, printed or online, after two warnings in one year for violating a range of restrictions on the press. Additionally, regulations give authorities arbitrary power to prohibit or censor reporting. The Ministry of Information may suspend periodicals or newspapers for three months without a court ruling. The law also prohibits media from disseminating information on behalf of unregistered political parties, trade unions, and NGOs.

Independent media outlets, including newspapers and internet news websites, continued to operate under restrictive media laws and most faced discriminatory publishing and distribution policies, including limiting access to government officials and press briefings, controlling the size of press runs of newspapers, and raising the cost of printing. For example, journalists from independent media outlets Euroradio, BelaPAN, and tut.by did not receive accreditation to cover President Lukashenka’s April 19 annual address to the nation and the parliament, allegedly because the press center did not have enough seats.

State-owned media dominated the information field and maintained the highest circulation through generous subsidies and preferences. There was no countrywide private television, and broadcast media space was dominated by state-owned and Russian stations.

Some international media continued to operate in the country but not without interference and prior censorship. Euronews and the Russian channels First Channel, NTV, and RTR were generally available, although only through paid cable services in many parts of the country and with a time delay that allowed the removal of news deemed undesirable. At times authorities blocked, censored, or replaced international news programs with local programming.

Violence and Harassment: Authorities continued to harass and detain local and foreign journalists routinely.

Security forces continually hampered efforts of independent journalists to cover demonstrations and protests in Minsk and across the country. The independent Belarusian Association of Journalists reported that authorities briefly detained an accredited German media outlet’s driver and impounded media equipment, which prevented the outlet from covering a rally on November 15.

On March 4, a Minsk district court convicted popular independent news portal tut.by editor in chief Maryna Zolatava of “executive inaction” allegedly for allowing tut.by journalists to access the subscription service of state-run news agency Belta without payment. The court sentenced her to a fine of 7,650 rubles ($3,740). In addition, Zolatava must pay Belta’s court costs of 6,000 rubles ($2,930). Criminal charges against several other journalists from tut.by and an independent press agency Belapan were dropped after the accused agreed to pay fines.

The government refused to register some foreign media, such as Poland-based Belsat Television and Radio Racyja, and routinely fined freelance journalists working for them. As of September 25, at least 17 journalists were fined in 38 cases for not having government accreditation or for cooperating with a foreign media outlet. According to the Belarusian Association of Journalists, freelance journalists received fines totaling more than 35,000 rubles ($17,200). Most of the fines were imposed on journalists working for Belsat Television.

In October the Foreign Ministry refused the 11th accreditation application of freelancer Viktar Parfyonenka to work for Radio Racyja.

Censorship or Content Restrictions: The government exerted pressure on the vast majority of independent publications to exercise self-censorship, warning them not to report on certain topics or criticize the government. The government tightly and directly controlled the content of state-owned broadcast and print media. Television channels are required to air at least 30 percent local content. Local independent television stations operated in some areas and reported local news, although most were under government pressure to forgo reporting on national and sensitive issues or risk censorship.

According to the Organization for Security and Cooperation in Europe’s Office of Democratic Initiatives and Human Rights (OSCE/ODIHR) monitoring report, during the November 17 parliamentary elections campaign at least seven opposition candidates’ prerecorded television speeches were not aired, and state newspapers censored or refused to publish a number of opposition candidates’ campaign platforms.

Authorities allowed only state-run radio and television networks to broadcast nationwide. The government used this national monopoly to disseminate its version of events and minimize alternative or opposing viewpoints.

Authorities warned businesses not to advertise in newspapers that criticized the government. As a result, independent media outlets operated under severe budgetary constraints.

Libel/Slander Laws: Libel and slander are criminal offenses. There are large fines and prison sentences of up to four years for defaming or insulting the president. Penalties for defamation of character make no distinction between private and public persons. A public figure who is criticized for poor performance while in office may sue both the journalist and the media outlet that disseminated the critical report.

On April 9, police searched Belsat Television’s Minsk office and confiscated computer equipment. The Investigative Committee press service indicated that the search was related to an unspecified defamation case. According to Belsat journalist Ales Zaleuski, the criminal case might have been connected to an article in which Belsat Television incorrectly reported that Andrei Shved, the head of the Committee for Forensic Examination, had been detained. Belsat Television issued a retraction and apology, and the committee returned the computer equipment on April 11.

On April 18, a Brest district court convicted popular video blogger Siarhei Piatrukhin on charges of defaming and insulting police officers and sentenced him to a fine of 9,180 rubles ($4,480). In addition, Piatrukhin was ordered to pay 7,500 rubles ($3,660) in damages to police officers.

National Security: Authorities frequently cited national security as grounds for censorship of media.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for freedom of peaceful assembly; however, the government severely restricted this right. Authorities employed a variety of means to discourage demonstrations, disperse them, minimize their effect, and punish the participants. The law provides for freedom of association, but the government restricted it and selectively enforced laws and registration regulations to restrict the operation of independent associations that might criticize the government.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government at times restricted the right of citizens, former political prisoners in particular, to foreign travel.

In-country Movement: Passports serve as a form of identity, and authorities required them for permanent housing, work, and hotel registration. Police continued to harass selectively individuals who lived at a location other than their legal place of residence as indicated by mandatory stamps in their passports.

The law also requires persons who travel to areas within 15 miles of the border (aside from authorized crossing points) to obtain an entrance pass.

Foreign Travel: The government’s database of persons banned from traveling abroad contained the names of individuals who possessed state secrets, faced criminal prosecution or civil suits, or had outstanding financial obligations. Authorities informed some persons by letter that their names were in the database; others learned only at border crossings. The Ministry of Internal Affairs and security agencies, border and customs services, and financial investigation departments have a right to place persons on “preventive” surveillance lists.

The Ministry of Internal Affairs is also required to track citizens working abroad, and employment agencies must report individuals who do not return from abroad as scheduled.

Exile: The law does not allow forced exile, but sources asserted that security forces continued to threaten some opposition members with bodily harm or prosecution if they did not leave the country, and many were in self-imposed exile.

Many university students who were expelled or believed they were under the threat of expulsion for their political activities opted for self-imposed exile and continued their studies abroad.

f. Protection of Refugees

Access to Asylum: The law provides for granting asylum or refugee status and complementary and temporary protection to foreign citizens and stateless persons, with some exceptions. The government has established a procedure for determining refugee status and a system for providing protection to refugees. The law provides for protection against refoulement granted to foreigners who are denied refugee status or temporary protection but cannot be returned to their countries of origin.

All foreigners except Russians have the right to apply for asylum. According to the terms of the Union Treaty with Russia, Russians may legally settle and obtain residence permits in the country based on their Russian citizenship.

Freedom of Movement: Asylum seekers have freedom of movement within the country but must reside in the region where they filed their applications for refugee status and in a place known to authorities while their applications are being considered, including during appeals. Authorities reportedly often encouraged asylum seekers to settle in rural areas; however, the majority settled in cities and towns. Change of residence was possible with a notification to authorities. Authorities issue registered asylum seekers certificates that serve as documents to confirm their status as asylum seekers and identity and protect them from expulsion. In accordance with the law, they also must register with local authorities at their place of residence.

Durable Solutions: Adult asylum seekers have to pay for higher education as well as for nonemergency medical services while minors receive education and medical services free of charge. Free legal assistance, housing, and language training are not available to either asylum seekers or refugees. Naturalization of refugees was possible after seven years of permanent residence, as in the case of other categories of foreign residents.

Temporary Protection: Although the government may provide temporary protection (for up to one year) to individuals who may not qualify as refugees, it did not do so during the year.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage, but the government consistently denied citizens this ability by not conducting elections according to international standards.

Since his election in 1994 to a four-year term as the country’s first president, Alyaksandr Lukashenka has steadily consolidated power in the executive branch to dominate all branches of government, effectively ending any separation of powers among the branches. Flawed referendums in 1996 and 2004 amended the constitution to broaden his powers, extend his term in office, and remove presidential term limits. Subsequent elections, including the presidential elections held in 2015 and parliamentary elections held in November, continued to deny citizens the right to express their will in an honest and transparent process including fair access to media and to resources.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, and the government regularly prosecuted officials alleged to be corrupt; however, the World Bank’s Worldwide Governance Indicators reflected that corruption was a serious problem in the country.

On March 19, the Council of Europe’s Group of States against Corruption (GRECO) declared the country noncompliant with its anticorruption standards. The government did not publish evaluation or compliance reports, which according to GRECO “casted a dark shadow over Belarus’s commitment to preventing and combating corruption and to overall cooperation with GRECO.”

Individuals dismissed for lower-level corruption face a five-year ban on public-service employment, while those found to have committed more serious abuses are banned indefinitely from government employment. The law also allows seizure of property worth more than 25 percent of a public servant’s yearly income for those found guilty of corrupt practices. The law provides for public monitoring of the government’s anticorruption efforts. On May 10, the president signed a decree forbidding those convicted on corruption charges to be released early or on probation. It also prohibited such jail terms from being replaced with softer penalties. On October 18, President Lukashenka said his “government personnel list had some 850 names who enjoy certain powers and are granted certain immunity and who cannot be arrested without the president’s consent.”

Corruption: According to official sources, most corruption cases involved soliciting and accepting bribes, fraud, and abuse of power, although anecdotal evidence indicated such corruption usually did not occur as part of day-to-day interaction between citizens and minor state officials.

The absence of independent judicial and law enforcement systems, the lack of separation of powers, and a harried independent press largely barred from interaction with a nontransparent state bureaucracy made it virtually impossible to gauge the scale of corruption or combat it effectively.

The Prosecutor General’s Office is responsible for organizing and coordinating activities to combat corruption, including monitoring law enforcement operations, analyzing the efficacy of implemented measures, supervising engaged parties, and drafting further legislation.

The most corrupt sectors were state administration and procurement, the industrial sector, the construction industry, health care, and education. In September the Supreme Court reported that from January to June, courts convicted 463 individuals “on corruption-related charges.”

There were numerous corruption prosecutions during the year, but prosecutions remained selective, nontransparent, and in some cases appeared politically motivated, according to independent observers and human rights advocates. For example, on July 4, the Supreme Court sentenced former presidential aide and Hrodna region chief inspector Siarhei Rauneika to 12 years in prison and property confiscation in a closed-door trial. The government charged Rauneika with accepting bribes of up to $200,000.

During the year at least 93 head doctors from the regions and Minsk, officials of the healthcare ministry, including a deputy minister, representatives of local pharmaceutical productions, and owners of pharmacy businesses were investigated for numerous accounts of corruption related to procurement of medicines and equipment. While a number of those cases continued at the end of the year, more than a dozen doctors and officials received sentences of up to nine years in prison. Former deputy health minister Ihar Lasitski was sentenced to six years in prison for accepting bribes.

Financial Disclosure: Anticorruption laws require income and asset disclosure by appointed and elected officials, their spouses, and members of households who have reached legal age and continue to live with them in the same household. According to the law, specialized anticorruption departments within the Prosecutor General’s Office, the KGB, and the Internal Affairs Ministry monitor and verify anticorruption practices, and the prosecutor general and all other prosecutors are mandated to oversee the enforcement of anticorruption law. These declarations were not available to the public; an exception applies to candidates running in presidential, parliamentary, and municipal elections. There are administrative sanctions and disciplinary penalties for noncompliance.

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

There were a number of active domestic human rights NGOs, although authorities were often hostile to their efforts, restricted their activities, selectively cooperated with them, and were not responsive to their views.

Two prominent human rights NGOs–the BHC and the Center for Legal Transformations–operated as registered entities. The government refused to register a number of others, placing them at risk of fines of up to 1,280 rubles ($625). Some unregistered NGOs, including Vyasna and Legal Assistance to the Population, continued to operate.

Authorities at times harassed both registered and unregistered human rights organizations. They subjected them to inspections and threats of deregistration and reportedly monitored their correspondence and telephone conversations. The government largely ignored reports issued by human rights NGOs and rarely met with unregistered groups. State-run media rarely reported on human rights NGOs and their activities.

During the year the BHC’s bank accounts remained blocked due to long-standing tax arrears related to foreign funding in the early 2000s, but the government allowed the committee to operate without other interference.

Authorities were generally reluctant to engage on human rights problems with international human rights NGOs or other human rights officials, and international NGO representatives often had difficulty gaining admission to the country. Authorities routinely ignored local and international groups’ recommendations on improving human rights in the country and requests to stop harassing the human rights community.

The United Nations or Other International Bodies: In September 2018 the UN Human Rights Council appointed Anais Marin as the new special rapporteur on the situation of human rights in the country and extended her mandate for another year on July 12. The government continued to speak against “the politicized” mandate of the rapporteur and did not recognize it. The rapporteur’s July report indicated, “the absence of significant improvements and the necessity for the government to clearly demonstrate its commitment to addressing long-standing criticism by introducing concrete, durable changes.”

Government Human Rights Bodies: The government took minor steps to implement the Human Rights Action Plan adopted in 2016 to outline, in the government’s words, “main activities for us to implement our international obligations” on human rights. While independent human rights groups, including the human rights center Vyasna and the BHC, welcomed the plan’s adoption, they also noted that the documents lack specific target goals or results assessment mechanisms.

A standing commission on human rights in the lower chamber of parliament was ineffective.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

Although the law provides for the rights of workers, except state security and military personnel, to form and join independent unions and to strike, it places a number of serious restrictions on the exercise of these rights. The law provides for the right to organize and bargain collectively but does not protect against antiunion discrimination. Workers who say they are fired for union activity have no explicit right to reinstatement or to challenge their dismissal in court, according to independent union activists.

The law provides for civil penalties in the form of fines for violations of the freedom of assembly or collective bargaining, which were not sufficient to deter violations. The government also did not enforce these penalties.

The government severely restricted independent unions. The government-controlled Federation of Trade Unions of Belarus is the largest union federation, claiming more than four million members. It largely resembled its Soviet predecessors and served as a control mechanism and distributor of benefits. The Belarusian Congress of Democratic Trade Unions (BCDTU), with four constituent unions and approximately 10,000 members of independent trade unions, was the largest independent union umbrella organization, but tight government control over registration requirements and public demonstrations made it difficult for the congress to organize, expand, and conduct strikes.

The government did not respect freedom of association and collective bargaining. Prohibitive registration requirements that any new independent union have a large membership and cooperation from the employer continued to present significant obstacles to union formation. Trade unions may be deleted from the register by a decision of the registrar, without any court procedure. The registrar may remove a trade union from the register if, following the issuance of a written warning to the trade union stating that the organization violates legislation or its own statutes, the violations are not eliminated within a month. Authorities continued to resist attempts by workers to leave the official union and join the independent one.

The legal requirements to conduct a strike are high. For example, strikes may only be held three or more months after dispute resolution between the union and employer has failed. The duration of the strike must be specified in advance. Additionally, a minimum number of workers must continue to work during the strike. Nevertheless, these requirements were largely irrelevant, since the unions that represented almost all workers were under government control. Government authorities and managers of state-owned enterprises routinely interfered with union activities and hindered workers’ efforts to bargain collectively, in some instances arbitrarily suspending collective bargaining agreements. Management and local authorities blocked worker attempts to organize strikes on many occasions by declaring them illegal. Union members who participated in unauthorized public demonstrations were subjected to arrest and detention. Due to a persistent atmosphere of repression and the fear of imprisonment, few public demonstrations took place during the year.

The Law on Mass Events also seriously limited demonstrations, rallies, and other public action, constraining the right of unions to organize and strike. No foreign assistance may be offered to trade unions for holding seminars, meetings, strikes, pickets, etc., or for “propaganda activities” aimed at their own members, without authorities’ permission.

Government efforts to suppress independent unions included frequent refusals to extend employment contracts for members of independent unions and refusals to register independent unions. According to BCDTU leader Alyaksandr Yarashuk, the government had not approved establishment of new independent unions since a 1999 decree requiring trade unions to register with the government but on January 15, it approved the third registration application of a branch of the independent trade union of miners, chemical, oil refinery, energy, transport, construction industries and other workers in Salihorsk. Registration followed restructuring of the state-owned potash fertilizer producer Belaruskali, which resulted in establishment of a number of separate subsidiaries, including Remmantazhstroi, where 400 workers wanted to keep their membership in the independent trade union. Authorities routinely fired workers who were deemed “natural leaders” or who involved themselves in NGOs or opposition political activities.

In August 2018 a Minsk district court convicted independent Radio and Electronics Trade Union chairman Genadz Fedynich and chief accountant Ihar Komlik for allegedly evading taxes in 2011 and sentenced the two to four years of house arrest. The court also banned the trade unionists from holding any administrative positions for five years. Protesters outside the courthouse were detained while protesting the trial. In November 2018 the Minsk city court dismissed their appeal. A November 2019 presidential amnesty law reduced the sentences of both Fedynich and Komlik by a year.

On May 10, Fedynich reported that the Penitentiary Inspectorate eased the conditions of his four-year restricted freedom sentence. Under the original house arrest order, Fedynich was required be at home from 7 p.m. to 6 a.m. and was prohibited from leaving his residence on weekends and public holidays. Since May Fedynich has been allowed to visit health-care providers, post offices, stores, and other public facilities from 6 p.m. to 8 p.m. on weekdays and also permitted to walk from his apartment to his mailbox inside the apartment building at any time. His curfew time was moved back from 7 p.m. to 9 p.m. Authorities refused Fedynich’s request to allow him to visit a church and help his ailing relatives with housework on weekends.

The government requires state employees, including employees of state-owned enterprises, who constituted approximately 70 percent of the workforce, to sign short-term work contracts. Although such contracts may have terms of up to five years, most expired after one year, which gave the government the ability to fire employees by declining to renew their contracts. Many members of independent unions, political parties, and civil society groups lost their jobs because of this practice. A government edict provides the possibility for employers to sign open-ended work contracts with an employee only after five years of good conduct and performance by the employee.

Opposition political party members and democratic activists sometimes had difficulty finding work due to government pressure on employers.

In 2014 the president issued Decree No. 5 On Strengthening the Requirements for Managers and Employees of Organizations, which the authorities stated was aimed at rooting out “mismanagement,” strengthening discipline, and preventing the hiring of dishonest managers in new positions. Among other subjects under the new decree, managers may reduce payment of employee bonuses (which often comprised a large portion of salaries) and workers may be fired more easily. An independent trade union lawyer told the press that workers have fewer rights under the new law.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not effectively enforce its provisions.

Parents who have had their parental rights stripped and are unemployed or are working but fail to compensate state child-care facilities for the maintenance of their children, may be subject to forced employment by court order. Individuals who refuse forced employment may be held criminally liable and face community service or corrective labor for a period of up to two years, imprisonment for up to three years, or other freedom restrictions, all involving compulsory labor and garnishment of 70 percent of their wages to compensate expenses incurred by the government.

In 2010 the government enforced procedures for placing individuals suffering from chronic alcohol, drug or other substance abuse in so-called medical labor centers when they have been found guilty of committing criminal violations while under the influence of alcohol, narcotics and psychotropic, toxic or other intoxicating substances. Such offenders may be held in these centers by court orders for 12 to 18 months. They are mandated to work, and if they refuse, they may be placed in solitary confinement for up to 10 days. In 2017 the deputy head of the Supreme Court, Valer Kalinkovich, justified operations of the medical labor centers, saying there was no alternative for alcohol addicts who also “violated rights of other people.”

Minsk authorities required officially registered unemployed individuals to perform paid community service two days a month from May to September and one day a month from October to December and January to April. In addition, they were banned from receiving some unemployment benefits, depending on their length of unemployment, if they performed less than 22 working days of community service during a year. Individuals with disabilities, single parents and parents of three and more children, as well as parents of children with disabilities and younger than 18 were exempt.

Regulations against forced labor were seldom enforced, and resources and inspections dedicated to preventing forced and compulsory labor were minimal and inadequate to deter violations. Penalties were not sufficient to deter violations. The government rarely identified victims of trafficking, and prosecution of those responsible for forced labor remained minimal. Government efforts to prevent and eliminate forced labor in the country did not improve.

The government continued the Soviet practice of subbotniks, (Saturday work) that requires employees of government, state enterprises, and students receiving government assistance to work uncompensated on a few Saturdays a year. Employers and authorities threatened workers who refused to participate with fines or unpaid premium compensation. In some localities, some local authorities forced students and state companies’ employees to participate in harvesting in September-October. For example, university students in Vitsebsk reported the administration had them harvest apples at a local farm for two weeks in September.

Former inmates stated their monthly wages were as low as three to four rubles ($1.50 to $2.00). Senior officials with the General Prosecutor’s Office and the Interior Ministry stated in November 2015 that at least 97 percent of all work-capable inmates worked in prison as required by law, excluding retirees and persons with disabilities, and that labor in prison was important and useful for rehabilitation and reintegration of inmates.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for employment is 16, but children as young as 14 may conclude a labor contract with the written consent of one parent or a legal guardian. The Prosecutor General’s Office is responsible for enforcement of the law. Persons younger than 18 are allowed to work in nonhazardous jobs but are not allowed to work overtime, on weekends, or on government holidays. Work may not be harmful to children’s health or hinder their education.

The government generally enforced these laws and penalties were sufficient to deter most violations.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination based on race, gender, language, or social status. These laws do not apply specifically to employment or occupation. The government did not effectively enforce these laws or secure any effective penalties to deter violations. Discrimination in employment and occupation occurred with respect to ethnicity, gender, disability, language, sexual orientation and gender identity and expression, and HIV-positive status (see section 6). In addition, some members of the Romani community complained that employers often discriminated against them and either refused to employ them or did not provide fulltime jobs. The government did not take any action during the year to prevent or eliminate employment discrimination. Employment discrimination happened across most economic sectors and in both private and public workplaces.

The law requiring equal pay for equal work was not regularly enforced, and the minister of labor and social welfare stated in 2016 that on average women were paid 24 percent less than men.

The government maintains a list of 181 “physically demanding” jobs “in hazardous or dangerous conditions” that women are not permitted to occupy. Very few women were in the upper ranks of management or government, and most women were concentrated in the lower-paid public sector. Although the law grants women the right to three years of maternity leave with assurance of a job upon return, employers often circumvented employment protections by using short-term contracts, then refusing to renew a woman’s contract when she became pregnant.

A government prohibition against workdays longer than seven hours for persons with disabilities reportedly made companies reluctant to hire them. Local NGOs reported that up to 85 percent of persons with disabilities were unemployed. Authorities provided minimal welfare benefits for persons with disabilities, and calculations of pensions did not consider disability status. Members of the country’s Paralympic teams received half the salaries and prize money of athletes without disabilities.

e. Acceptable Conditions of Work

As of October 1, the national minimum monthly wage exceeded the poverty line.

The law establishes a standard workweek of 40 hours and provides for at least one 24-hour rest period per week. The law provides for mandatory overtime and nine days of holiday pay and restricts overtime to 10 hours a week, with a maximum of 180 hours of overtime each year.

The law establishes minimum conditions for workplace safety and worker health, but employers often ignored these standards. Workers at many heavy machinery plants did not wear minimal safety gear. The state labor inspectorate lacked authority to enforce employer compliance and often ignored violations. The number of inspectors was insufficient to deter violations.

The Ministry of Labor and Social Welfare was responsible for enforcement of these laws. Information regarding resources, inspections, remediation, and penalties was not available. The government reported that approximately 400,000 of the 4.5 million workforce worked in the informal economy. The law did not cover informal workers.

The labor ministry reported 146 persons killed at workplaces in 2018, up from 115 in 2017.

The law does not provide workers the right to remove themselves from situations that endanger health or safety without jeopardy to their employment.

Belgium

Executive Summary

The Kingdom of Belgium is a parliamentary democracy with a limited constitutional monarchy. The country is a federal state with several levels of government: national; regional (Flanders, Wallonia, and Brussels); language community (Flemish, French, and German); provincial; and local. The Federal Council of Ministers, headed by the prime minister, remains in office as long as it retains the confidence of the lower house (Chamber of Representatives) of the bicameral parliament. Observers considered federal parliamentary elections held on May 26 to be free and fair.

The federal police are responsible for internal security and nationwide law and order, including migration and border enforcement. They report to the ministers of interior and justice. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: some attacks motivated by anti-Semitism and anti-Muslim sentiment, and violence against lesbian, gay, bisexual, transsexual, and intersex (LGBTI) persons. Authorities generally investigated and, where appropriate, prosecuted such cases.

Authorities actively investigated, prosecuted, and punished officials who committed abuses, whether in the security services or elsewhere in government.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Expression: Holocaust denial, defamation, sexist remarks and attitudes that target a specific individual, and incitement to hatred are criminal offenses punishable by a minimum of eight days (for Holocaust denial) or one month (incitement to hatred and sexist remarks or attitudes) and up to one year in prison and fines, plus a possible revocation of the right to vote or run for public office. If the incitement to hatred was based on racism or xenophobia, the case would be tried in the regular courts. If, however, the incitement stemmed from other motives, including homophobia or religious bias, a longer and more costly trial by jury generally would be required. The government prosecuted and courts convicted persons under these laws.

Press and Media, Including Online Media: The prohibition of Holocaust denial, defamation, sexist remarks, attitudes that target a specific individual, and incitement to hatred applies to print and broadcast media, books, and online newspapers and journals.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

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

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees, including specific subsidiary protection that goes beyond asylum criteria established by the 1951 Convention relating to the Treatment of Refugees and its 1967 protocol. Refugee status and residence permits are limited to five years and become indefinite if extended.

Authorities continued to face a significant flow of “transit migrants,” defined as those who remained in the country without requesting asylum while attempting illegal travel to the United Kingdom. To address the flow, the federal government started to detain transit migrants physically to ensure their repatriation, in those cases where they could be deported to a safe country of origin. Subsidiary protection is available to transit migrants if they request it, and local governments and NGOs did inform migrants of this option. Many transit migrants, however, do not request legal status in the country, even if they are aware of the possibility to apply for subsidiary protection.

Safe Country of Origin/Transit: The country denied asylum to asylum seekers who arrived from a safe country of origin or transit, pursuant to the EU’s Dublin III Regulation.

Durable Solutions: The country accepted refugees through UNHCR, including persons located in Italy and Greece, under the EU Emergency Relocation Mechanism. The country also conducted a voluntary return program for migrants in cooperation with the International Organization for Migration.

Temporary Protection: The government also provided temporary “subsidiary” protection to individuals who did not satisfy the legal criteria for refugee status but who could not return to their country of origin due to a real risk of serious harm. Under EU guidelines, individuals granted “subsidiary protection” are entitled to temporary residence permits, travel documents, access to employment, and equal access to health care, education, and housing. In 2018 authorities granted subsidiary protection to 1,777 individuals.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Voting in all elections is compulsory; failure to vote is punishable by a nominal fine.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were isolated reports of government corruption.

Corruption: The law provides criminal penalties for official corruption, and the government generally implemented the law effectively. Following several corruption scandals in 2017 and 2018, no significant cases were reported in the current year.

Financial Disclosure: The law does not require elected officials to disclose their income or revenue, but they must report if they serve on any board of directors, regardless of whether in a paid or unpaid capacity. Officials in nonelective offices are held to the same standard. Sanctions for noncompliance are infrequent but have been used in the past when triggered by public outcry.

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

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

Government Human Rights Bodies: Federal and regional government ombudsmen monitored and published reports on the workings of agencies under their respective jurisdictions. The Interfederal Center for Equal Opportunities (UNIA) is responsible for promoting equal opportunity and combating discrimination and exclusion at any level (federal, regional, provincial, or local). The center enjoyed a high level of public trust, was independent in its functioning, and was well financed by the government.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

For companies with more than 50 employees, the law provides workers the right to form and join independent unions of their choice without previous authorization or excessive requirements, conduct legal strikes, and bargain collectively. Workers exercised these rights, and citizen and noncitizen workers enjoyed the same rights. Work council elections are mandatory in enterprises with more than 100 employees, and safety and health committee elections are mandatory in companies with more than 50 employees. Employers sometimes sought judicial recourse against associations attempting to prevent workers who did not want to strike from entering the employer’s premises.

The law provides for the right to strike for all public and private sector workers except the military. The law prohibits antiunion discrimination and employer interference in union functions, and the government protected this right. Trade union representatives cannot be fired for performing their duties and are protected against being fined by their employers; they are also entitled to regular severance payments.

The government generally enforced applicable laws. Resources, inspections, and remediation were adequate. Penalties were generally not sufficient to deter violations, as employers often paid fines rather than reinstate workers fired for union activity. At the same time, fines on workers for strike or collective bargaining actions often resulted in breaking strike movements. Administrative or judicial procedures related to trade unions were not longer than other court cases.

Freedom of association and the right to bargain collectively were inconsistently respected by employers. Worker organizations were generally free to function outside of government control. Unions complained that judicial intervention in collective disputes undermined collective bargaining rights.

In July a court sentenced an employer for abusive termination of four employees who went on strike without support from their trade union. The court highlighted that all employees are protected equally during a protest, regardless of the trade union position.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but such practices occurred. The government effectively enforced the law; resources, inspections, and remediation efforts were adequate. Legal penalties were sufficient to deter violations.

Instances of forced and compulsory labor included men who were forced to work in restaurants, bars, sweatshops, agriculture, construction, cleaning, and retail sites. Foreign victims were subjected to forced domestic service. Forced begging continued, particularly in the Romani community.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age of employment is 15. Persons between the ages of 15 and 18 may participate in part-time work/study programs and work full time up to a limited number of hours during the school year. The Ministry of Employment regulated industries that employ juvenile workers to ensure that labor laws were followed; it occasionally granted waivers for children temporarily employed by modeling agencies and in the entertainment business. Waivers were granted on a short-term basis and for a clearly defined performance or purpose that had to be listed in the law as an acceptable activity. The law clearly defines, according to the age of the child, the maximum amount of time that may be worked daily and the frequency of performances. A child’s earnings must be paid to a bank account under the name of the child, and the money is inaccessible until the child reaches 18 years of age.

There are laws and policies to protect children from exploitation in the workplace. The government generally enforced these laws with adequate resources, inspections, and penalties, although such practices reportedly occurred mainly in restaurants. Persons found in violation of child labor laws could face penalties sufficient to deter violations.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations related to employment or occupation prohibit discrimination based on race, sex, gender, disability, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status but permit companies to prohibit outward displays of religious affiliation, including headscarves (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/). The government effectively enforced these laws and regulations.

Penalties were not sufficient to deter violations. Some employers discriminated in employment and occupation against women, persons with disabilities, and members of certain minorities as well as against internal and foreign migrant workers. The government took legal action based on antidiscrimination laws. UNIA facilitated arbitration or other settlements in some cases of discrimination. Such settlements could involve monetary payments, community service, or other penalties imposed on the offender.

The Employment and Labor Relations Federal Public Service generally enforced regulations effectively. Trade unions or media sometimes escalated cases, and UNIA often took a position or acted as a go-between to find solutions or to support alleged victims in the courts.

The Federal Institute for the Equality of Men and Women is responsible for promoting gender equality and may initiate lawsuits if it discovers violations of equality laws. Most complaints received during the year were work related and most concerned the termination of employment due to pregnancy. Economic discrimination against women continued. According to Eurostat, women’s hourly wage rates were 6 percent less than those of their male colleagues in 2017. The law requires that one-third of the board members of publicly traded companies, but not private ones, be women.

The law requires companies with at least 50 employees to provide a clear overview of their compensation plans, a detailed breakdown by gender of their wages and fringe benefits, a gender-neutral classification of functions, and the possibility of appointing a mediator to address and follow up on gender-related problems.

e. Acceptable Conditions of Work

There is a monthly national minimum wage, and it is higher than the official estimate for poverty income level.

The standard workweek is 38 hours, and workers are entitled to four weeks of annual leave. Departure from these norms can occur under a collective bargaining agreement, but work may not exceed 11 hours per day or 50 hours per week. An 11-hour rest period is required between work periods. Overtime is paid at a time-and-a-half premium Monday through Saturday and at double time on Sundays. The Ministry of Labor and the labor courts effectively enforced these laws and regulations. The law forbids or limits excessive overtime. Without specific authorization, an employee may not work more than 65 hours of overtime during any one quarter.

The Employment and Labor Relations Federal Public Service generally enforced regulations effectively. Inspectors from both the Ministry of Labor and the Ministry of Social Security enforced labor regulations. These ministries jointly worked to ensure that standards were effectively enforced in all sectors, including the informal sector, and that wages and working conditions were consistent with collective bargaining agreements. Wage, overtime, and occupational safety violations were most common in the restaurant, construction, and logistics industries. Penalties were not sufficient to deter violations. Some employers still operated below legal standards.

A specialized governmental department created to fight the informal economy conducted investigations, mainly in the construction, restaurant and hotel, and cleaning sectors. Authorities may fine employers for poor working conditions but may also treat such cases as trafficking in persons.

Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment. The Employment and Labor Relations Federal Public Service protected employees in this situation.

Belize

Executive Summary

Belize is a constitutional parliamentary democracy. In 2015 the United Democratic Party won 19 of 31 seats in the House of Representatives following generally free and fair multiparty elections.

Police are responsible for internal security. The Ministry of National Security is responsible for oversight of police, prisons, the coast guard, and the military. Although primarily charged with external security, the military also provides limited domestic security support to civilian authorities and has limited powers of arrest that are executed by the Belize Defense Force (BDF) for land and littoral areas and by the coast guard for coastal and maritime areas. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included allegations of unlawful killings by security officers; allegations of corruption by government officials; trafficking in persons; crimes involving violence targeting lesbian, gay, bisexual, transgender, and intersex persons; and child labor.

In some cases the government took steps to prosecute public officials who committed abuses, both administratively and through the courts, but there were few successful prosecutions.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Press and Media, Including Online Media: In July a law firm representing Prime Minister Dean Barrow informed media outlets they could face legal action if they broadcast a statement from a foreign government agency related to Barrow. The statement, which was made public, was one of the court documents filed in a real-estate fraud case involving foreign investors. The prime minister and his law firm were named in the court document as having knowledge of the land scam. The opposition party criticized the prime minister’s letter, and Senator Osmany Salas described it as an attempt to restrain freedom of press.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government detained several unaccompanied minors who were transiting the country en route to the United States to join their families.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The government does not distinguish between refugees and asylum seekers, as the law itself does not reference asylum seekers–only refugees and recognized refugees. During the year the government did not grant asylum status to any of the pending 3,740 applicants, although the Refugee Eligibility Committee recommended 517 persons for approval. Many applications were summarily denied because the applicants did not apply for asylum within 14 days of entering the country, as the law requires. The nongovernmental organization (NGO) Help for Progress, the UN High Commissioner for Refugees implementing partner in the country, opened a resource facility near the western border to offer information on how to apply for asylum status, and it continued to assist by providing limited basic services, including shelter, clothing, and food to refugees and asylum seekers.

Employment: Persons awaiting adjudication of their refugee applications were unable to work legally in the country.

Access to Basic Services: Refugees were able to use the education system and the socialized medical system, but the government offered no assistance with housing or food except in extreme cases that involved children and pregnant women.

Temporary Protection: The Immigration Department issued renewable special residency permits for periods of 60 to 90 days to those who applied for refugee status within the 14-day deadline.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

During the year the Elections and Boundaries Department conducted a reregistration of the entire electorate. A significant number of citizens claimed they were not allowed to register, and subsequently vote, because they lacked identification documents, which they said the government failed to provide.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year.

Corruption: Allegations of corruption in government among public officials, including ministers, deputy ministers, and chief executive officers, were numerous, although no substantial proof was presented in most cases. In September a foreign law enforcement agency detained the deputy director of the Belize Tax Service Department, Reynaldo Verde, for extortion and attempted extortion of a foreign national investor in Belize. The investor claimed that in 2017, Verde requested BZ$350,000 ($175,000) in exchange for erasing the taxes the investor owed to the government. Verde denied the accusations, and as of year’s end he continued detained abroad awaiting a court hearing.

The Senate Select Committee charged with investigating alleged corruption within the Immigration and Nationality Department failed to produce a report and recommendations to the government. Public hearings conducted during the 2017 investigation revealed several instances where high-ranking government officials, including ministers of government, approved the issuance of visas, citizenship, and passports to unqualified individuals. Citizens alleged corruption against the Lands and Surveys Department in the Ministry of Natural Resources for illegally distributing lands to party associates. Despite the accusations of political cronyism, the government insisted it maintained transparency in the distribution of land.

The 2017 case brought by the government against Andre Vega, the son of former deputy prime minister Gaspar Vega, concluded in July with a court ruling that Vega must repay BZ$400,000 ($200,000) in compensation he received for wrongfully being awarded a privately owned piece of land. Andre Vega and attorney Sharon Pitts were accused of unjustifiably enriching themselves from questionable land transactions while Gaspar Vega was minister. Pitts entered into mediation with the government in an effort to find an amicable solution to return money made in the scheme.

Financial Disclosure: The law requires public officials to submit annual financial disclosure statements, which the Integrity Commission reviews. At the same time, the constitution allows authorities to prohibit citizens from questioning the validity of such statements. Anyone who does so outside of the rigidly prescribed procedure is subject to a fine of up to BZ$5,000 ($2,500), three years’ imprisonment, or both. Many public officials did not submit annual financial disclosure statements and suffered no repercussions. In July the Integrity Commission published the names of 32 local government members who failed to file sworn declaration of assets for 2018. In accordance with the law, a report was also sent to the director of public prosecution for further action, but as of year’s end, none had been taken. As of September the commission continued to be staffed by only a secretary.

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

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

Government Human Rights Bodies: The ombudsman, although appointed by the government, acts as an independent check on governmental abuses. The Office of the Ombudsman holds a range of procedural and investigative powers, including the right to enter any premise to gather documentation and the right to summon persons. The office operated under significant staffing and financial constraints. The law requires the ombudsman to submit annual reports. The office does not have the power to investigate allegations against the judiciary. While the Office of the Ombudsman has wide investigative powers, it lacks effective enforcement authority; noncompliance by the offices being investigated severely limited its effectiveness.

The Human Rights Commission, an independent, volunteer-based NGO, continued to operate, but only on an ad hoc basis due to funding and staffing limitations. The commission provided human rights training for police recruits, prison officers, and the BDF.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law, including related regulations and statutes, generally provides for the right to establish and join independent trade unions, bargain collectively, and conduct legal strikes. The Ministry of Labor, Local Government, and Rural Development (Ministry of Labor) recognizes unions and employers associations after they are registered, and the law establishes procedures for the registration and status of trade unions and employer organizations and for collective bargaining. The law also prohibits antiunion discrimination, dissolution, or suspension of unions by administrative authority and requires reinstatement of workers fired for union activity.

The law allows authorities to refer disputes involving public- and private-sector employees who provide “essential services” to compulsory arbitration, prohibit strikes, and terminate actions. The postal service, monetary and financial services, civil aviation, petroleum sector, port authority personnel (stevedores and pilots), and security services are deemed essential services by local laws, beyond the International Labor Organization definition of essential services. There were no reports of antiunion discrimination, but there were some reports workers were intimidated into either not joining a union or dropping union membership if they had joined. In July, 125 employees of the Karl Heusner Memorial Hospital (KHMH), the country’s only referral hospital, walked out after learning the institution had no pension program for employees. The KHMH Workers’ Union stated the policy contradicted the law governing their employment and sought a legal opinion on the matter. On another matter, in September the union demanded that the hospital authority remove its director of medical services for arbitrarily withholding overtime payments to medical officers for two months. The union threatened to commence legal action if the director was not removed.

In August, Belize Water Service Limited (BWSL) signed a collective bargaining agreement for 295 employees that sought to promote efficient, safe, and effective working practices between the company and the union. BWSL, the only water and sewage utility for the country, is government owned.

Workers may file complaints with the Ministry of Labor or seek redress from the courts, although it remained difficult to prove that terminations were due to union activity. The ministry’s Labor Department generally handled labor cases without lengthy delays and dealt with appeals via arbitration outside of the court system. The court did not apply the law requiring reinstatement of workers fired for union activity and provided monetary compensation instead.

The Labor Department was hampered by factors such as a shortage of vehicles and fuel in its efforts to monitor compliance, particularly in rural areas. There were complaints of administrative or judicial delays relating to labor complaints and disputes. Penalties were insufficient to deter violations.

Antiunion discrimination and other forms of employer interference in union functions sometimes occurred, and on several occasions, unions threatened or carried out strikes. NGOs working in migrant communities asserted that in certain industries, particularly the banana, citrus, and construction sectors, employers often did not respect due process, did not pay minimum wages, and classified workers as contract and nonpermanent employees to avoid providing certain benefits. An NGO noted that both national and migrant workers were denied rights.

b. Prohibition of Forced or Compulsory Labor

The constitution prohibits all forms of forced or compulsory labor. Penalties for forced or compulsory labor are covered under the antitrafficking law and include penalties sufficient to deter violations, although the government did not effectively enforce the law. Resources and inspections to deter violations were limited. The government reportedly investigated three forced labor cases; it did not identify any forced labor victims during the year.

Forced labor of both Belizean and foreign women occurred in bars, nightclubs, and domestic service. Migrant men, women, and children were at risk for forced labor in agriculture, fishing, and in the service sector, including restaurants and shops, particularly among the South Asian and Chinese communities.

The International Labor Organization expressed concern that the Trade Unions Act allows the sanction of compulsory labor to be imposed as a punishment for breaches of labor discipline or for peaceful participation in strikes.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law does not prohibit all of the worst forms of child labor. The law sets the minimum age for employment at 14 years old generally, with the exception of work in wholesale or retail trade or business, for which the minimum age is 12. “Light work,” which is not defined in the law, is allowed for children ages 12 to 13. Children ages 14-18 may be employed only in an occupation that a labor officer determines is “not injurious to the moral or physical development of nonadults.” Children older than age 14 are explicitly permitted to work in “industrial undertakings,” which include mining, manufacturing, and construction. Children younger than age 16 are excluded from work in factories, and those younger than age 18 are excluded from working at night or in certain kinds of employment deemed dangerous. The Labor Department used a list of dangerous occupations for young workers as guidance, but the list was not adopted as law.

The law permits children to work on family farms and in family-run businesses. National legislation does not address a situation in which child labor is contracted between a parent and the employer. The National Child Labor Policy distinguishes between children engaged in work that is beneficial to their development and those engaged in the worst forms of child labor. The policy identifies children involved in the worst forms of child labor as those engaged in hazardous work, human trafficking and child slavery, commercial sexual activities, and illicit activities.

The Labor Department has primary responsibility for implementing labor policies and enforcing labor laws, but it was not effective in enforcing the law. Inspectors from the Labor and Education Departments are responsible for enforcing these regulations, with the bulk of the enforcement falling to truancy officers. Penalties were not sufficient to deter violations. There is also a National Child Labor Committee under the National Committee for Families and Children, a statutory interagency group that advocates for policies and legislation to protect children and eliminate child labor.

Some children were vulnerable to forced labor, particularly in the agricultural and service sectors. Commercial sexual exploitation of children occurred (see section 6, Children). According to the most recent data available from the Statistical Institute of Belize from 2013, the country’s child labor rate was 3.2 percent, with half of those children involved in hazardous work. The problem was most prevalent in rural areas. Boys accounted for 74 percent of children illegally employed, mostly engaged in hazardous activities.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings , and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit discrimination with respect to employment on the basis of race, sex, gender, language, HIV-positive status or other communicable diseases, or social status. The government did not effectively enforce those laws and regulations. The law does not explicitly prohibit discrimination in employment with respect to disability, sexual orientation, or gender identity. There were reports discrimination in employment and occupation occurred with respect to sexual orientation. One NGO reported that members of the LGBTI community often had problems gaining and retaining employment due to discrimination in the workplace. There were no officially reported cases of discrimination at work based on ethnicity, culture, or skin color, although anecdotal evidence suggested such cases occurred.

e. Acceptable Conditions of Work

The national minimum wage was above the poverty-limit income level, according to statistics from 2009, the most recent year for which statistics were available. The law sets the workweek at no more than six days or 45 hours and requires premium payment for overtime work. Workers are entitled to two workweeks’ paid annual holiday. Additionally, there are 13 days designated as public and bank holidays. Employees who work on public and bank holidays are entitled to pay at time-and-a-half, except for Good Friday and Christmas, which are paid at twice the normal rate.

Several different health and safety regulations cover numerous industries. The regulations, which apply to all sectors, provide that the employer must take “reasonable care” for the safety of employees in the course of their employment. The regulations further provide that every employer who provides or arranges accommodation for workers to reside at or in the vicinity of a place of employment shall provide and maintain sufficient and hygienic housing accommodations, a sufficient supply of wholesome water, and sufficient and proper sanitary arrangements. In September, two men died after falling 40 feet from scaffolding while placing insulation in a public sporting facility. Four other men also fell but survived. The men, who were not provided harnesses, fell when the scaffold they were working on collapsed due to the condition of the wood.

The Ministry of Labor did not always effectively enforce minimum wage and health and safety regulations. The number of inspectors was not sufficient to secure compliance, especially in the more remote areas. Fines varied according to the infraction but generally were not very high and thus not sufficient to deter violations. In 2017 a labor tribunal was established, but it was unclear how many cases the tribunal had heard.

The minimum wage was generally respected. Nevertheless, anecdotal evidence from NGOs and employers suggested that undocumented Central American workers, particularly young service workers and agricultural laborers, were regularly paid below the minimum wage.

It was unclear whether workers could remove themselves from situations that endangered health or safety without jeopardy to their employment, or whether authorities effectively protected employees in this situation.

Bhutan

Executive Summary

Bhutan is a democratic, constitutional monarchy. King Jigme Khesar Namgyel Wangchuck is the head of state, with executive power vested in the cabinet, headed by Prime Minister Lotay Tshering. In 2018 the country held its third general elections, in which approximately 71 percent of eligible voters cast their ballots. International election witnesses reported the elections were generally free and fair.

The Royal Bhutan Police (RBP) is responsible for internal security. The Royal Bhutan Army (RBA) is responsible for defending against external threats but also has responsibility for some internal security functions, including counterinsurgency operations, protection of forests, and security for prominent persons. The RBP reports to the Ministry of Home and Cultural Affairs, and the king is the supreme commander in chief of the RBA. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: political prisoners; criminal libel laws; restrictions on freedom of peaceful assembly and association; restrictions on domestic and international freedom of movement; trafficking in persons; and child labor.

The government took steps to identify, investigate, prosecute, and punish officials who committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Expression: Defamation can carry criminal penalties, and citizens were cautious in their expression, especially as it related to criticism of the royal family. Local contacts reported increased use of social media to raise complaints of official misconduct or abuse.

Press and Media, Including Online Media: Independent media were active and generally expressed a variety of views. The law does not provide specific protections for journalists or guarantee freedom of information, although there were no official restrictions on the media. The law also prohibits media outlets from supporting political parties and prohibits outlets from endorsing candidates during the election period. Journalists engaged in self-censorship, especially relating to the royal family, and were hesitant to criticize politicians with whom they had personal relationships. The government controlled the majority of media outlets, and there were barriers to the creation of private outlets.

Censorship or Content Restrictions: Public expression is generally free from censorship, although citizens often engage in self-censorship relating to the royal family. In 2017, legislation established an independent body, the Media Council, tasked with monitoring the media to determine what content is harmful or offensive. Freedom House’s Freedom in the World 2019 report noted “press advocates fear that the new body will further erode press freedom and contribute to greater self-censorship,” although the report noted there were no instances of this during the year.

Libel/Slander Laws: In its Freedom in the World 2019 report, Freedom House noted that individuals could use defamation laws to retaliate against critics.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government limited freedom of movement and repatriation. Freedom of movement was sometimes restricted based on the location of one’s permanent residence. Additionally, the government was generally reluctant to repatriate Nepali-speaking refugees who currently live outside of the country.

In-country Movement: The law establishes different categories of citizenship and determines whether a person may be granted a “route permit” to travel internally, which primarily affected foreigners married to a citizen and their children and those who were permitted to reside in the country to conduct business.

Foreign Travel: The law establishes different categories of citizenship under which foreign travel may be restricted. NGOs reported these restrictions primarily affected ethnic Nepalis, although children of single mothers who could not establish citizenship through a Bhutanese father also were affected. Citizens are required to obtain a security clearance certificate to obtain a passport.

Exile: In the early 1990s, the government reportedly forced between 80,000 and 100,000 Nepali-speaking residents to leave the country, following a series of decisions taken during the 1970s and 1980s establishing legal requirements for citizenship.

At the end of 2018, after years of international efforts resulting in the resettlement of thousands of refugees, UNHCR reported approximately 6,500 Nepali-speaking refugees remained in the two refugee camps it administered in Nepal.

There continued to be delays in government consideration of claims to Bhutanese citizenship by refugees in Nepal.

Citizenship: The law provides for revocation of the citizenship of any naturalized citizen who “has shown by act or speech to be disloyal in any manner whatsoever to the king, country, and people.” The law permits reapplication for citizenship after a two-year probationary period. The government may restore citizenship after successful completion of the probation and a finding that the individual was not responsible for any act against the government.

f. Protection of Refugees

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

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees, but some refugees were eligible for residence permits.

The Central Tibetan Administration (CTA) reported that since the 1960s, the country had sheltered Tibetan refugees who were initially located in seven settlements. Tibetan officials reported the Tibetans had largely successfully integrated into society. According to the CTA’s 2017-18 annual report, the latest for which information is available, 1,847 Tibetan refugees lived in the country; approximately 1,654 of them had refugee resident permits. No records indicated any of these refugees held work permits. The Tibetan population was decreasing as Tibetan refugees adopted Bhutanese citizenship, according to the Department of Immigration.

Freedom of Movement: Tibetan refugees reportedly encountered difficulties traveling within and outside the country. Many Tibetan refugees faced obstacles in obtaining travel permits. There were also reports the government did not provide the travel documents necessary for Tibetan refugees to travel beyond India. Some restrictions on movement exist based on categories of citizenship, which have the greatest impact on Nepali-speaking citizens.

Employment: Reports suggested some Tibetan refugees could not obtain security clearances for government jobs or obtain licenses to run private businesses. While Tibetan refugees are not eligible for government employment, the CTA previously reported that at least 13 refugees received business licenses and others found public-sector employment under temporary government contracts.

Access to Basic Services: The government stated Tibetan refugees have the same access to government-provided health care and education as citizens, although some reports stated Tibetans could not enroll in higher education.

Durable Solutions: The government continued to delay implementing a process to identify and repatriate refugees with claims to Bhutanese residency or citizenship.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were isolated reports of government corruption during the year.

Corruption: The government took an active role in addressing official corruption through the Public Accounts Committee in the National Assembly and the Royal Audit Authority, which monitored the use of government funds. The Anticorruption Commission (ACC) is authorized to investigate cases of official corruption and allows citizens to submit information to its website regarding corrupt practices. The constitution enables the ACC to act as an independent body although its investigative staff were primarily civil servants answerable to the Royal Civil Service Commission. Based on the UN Convention against Corruption, the 2011 Anticorruption Act expanded the mandate of the ACC to cover the private sector and enhanced the ACC’s investigatory powers and functions. The ACC has the authority to suspend the registration of civil society organizations under investigation and two suspensions were ongoing according to government figures.

The 2018 ACC report detailed 182 complaints of “abuse of functions,” 23 of embezzlement, seven of bribery, and 121 other related corruption offenses. Approximately one-fourth of corruption complaints were against government ministries, which saw a substantial increase in complaints from the prior year, while there was a reduction in complaints against local governments. The ACC forwarded 19 cases for investigation.

Financial Disclosure: The law requires public servants, and persons working for NGOs using public resources, their spouses, and dependents to declare their income, assets, and liabilities.

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

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views. According to international NGOs, local civil society organizations practiced self-censorship to avoid issues perceived as sensitive by the government. Sensitive issues included women’s rights and environmental issues, as well as issues related to the Nepali-speaking community. The government did not permit human rights groups established by the Nepali-speaking community to operate by categorizing them as political organizations that did not promote national unity (see section 2.b., Freedom of Association).

The United Nations or Other International Bodies: The government did not renew its agreement with the ICRC allowing it to make prison visits to persons detained for crimes against the security of the state after their agreement expired in 2013. The ICRC continued to engage with the government to facilitate prison visits for Bhutanese refugees living in Nepal.

Government Human Rights Bodies: The National Assembly Human Rights Committee conducted human rights research on behalf of the National Assembly. The Civil Society Organization (CSO) Authority has the legal authority to regulate civil society operations. Of the 51 registered CSOs, 41 were categorized as public-benefit organizations and 10 as mutual-benefit organizations. Two CSOs had ongoing registration suspensions pending ACC investigation.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions. Workers can form a union with the participation of at least 12 employees from a single workplace. There is no national trade union. The law does not mention the right to conduct legal strikes. Most of the country’s workforce engages in agriculture, a sector that is not unionized.

The law provides for the right of workers to bargain collectively with employers. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity. Violators may face misdemeanor charges and be compelled to pay damages.

The government effectively enforced applicable laws. Resources, inspections, and remediation were adequate, and penalties were sufficient to deter violations. The law grants workers the right to pursue litigation.

Freedom of association and the right to bargain collectively were respected, although there were few employee unions. No unions formed during the year.

According to a media report, there are two wage rates in the country: the national minimum wage rate, and the national work force wage rate. The national minimum wage rate applies to anyone working in the country irrespective of nationality. The national work force wage rate, which is higher, applies only to Bhutanese nationals. The country’s minimum wage when converted to a monthly income was above the poverty line.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor, but the government did not always effectively enforce applicable laws. The law makes exceptions with regard to prison labor, work that might be required during an emergency, and work required for “important local and public” celebrations. The law criminalizes trafficking for illegal, but not exploitative, purposes. Violations of the law with respect to worst forms of child labor, forced and compulsory labor, improvement notice, prohibition notice, nonpayment of compensation, minimum age of admission into employment, employing foreigners without permit, and not complying with permits issued by the government are felonies subject to three to five years’ imprisonment. Resources, inspections, and remediation were adequate, and penalties were sufficient to deter violations. In addition, labor inspectors often mediated cases of nonpayment of wages and passport withholding in lieu of civil or criminal investigations.

Some domestic servants working in private homes, including Indian children, where the Ministry of Labor and Human Resources lacks jurisdiction are victims of forced labor. Officials relied on citizens to report forced labor of domestics directly to police. In addition civil society reported traffickers exploited Bhutanese students in forced labor abroad, including through student-worker programs (see section 7.c).

Migrant workers from India who worked in the country’s construction and hydropower sectors and Indian women and girls who worked in domestic service or as caregivers were vulnerable to forced labor. The Ministry of Labor and Human Resources noted approximately 54,972 migrants worked in the country as of June 2018, mostly from India. The Ministry of Labor and Human Resources registered foreign migrant workers in the country, monitored working conditions, and produced and disseminated pamphlets advising workers of their rights, including full and prompt payment of wages and entitlement to retain personal identity documents. The UN Office of Drugs and Crime noted an increase in Indian child domestic workers in local homes, noting they were often brought in illegally and were hard to track. Young, rural citizens were transported to urban areas, generally by relatives, for domestic work, and some of these individuals were subjected to domestic servitude. Unconfirmed reports suggested that girls who worked as entertainers in drayungs (karaoke bars) were subjected to labor and sex trafficking through debt and threats of physical abuse.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for employment is 13, and the minimum age for hazardous work is 18. Children younger than age 18 are prohibited from working in dangerous occupations, including mining, construction, sanitary services, carpet weaving, or serving in bars.

While child labor laws were generally enforced, the Ministry of Labor and Human Resources reported that limited resources placed constraints on the number of inspections conducted and inspectors employed. Penalties included up to nine years’ of nonbailable imprisonment and were generally sufficient to deter violations.

Children performed agricultural and construction work, completed chores on family farms, or worked in shops and restaurants after school and during holidays. Child labor also occurred in hotels and automobile workshops. Girls were employed primarily as domestic workers, where they were vulnerable to abuse and exploitation.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination for employees and job applicants and prescribes equal pay for equal work. Nepal-based organizations representing refugees claimed that Nepali-speaking citizens were subject to discrimination with respect to employment and occupation (see section 6, National/Racial/Ethnic Minorities).

e. Acceptable Conditions of Work

The national minimum wage was greater than the national poverty level. The law defines the workday as eight hours per day with a one-hour lunch break, and employers are required to grant regular rest days; however, these laws were sometimes difficult to enforce. According to one media report, although the government extended maternity leave by three months in 2016, most organizations in the private sector had not implemented the new rule. Work in excess of the legal workday was mandated to be paid at 1.5 times the normal rate.

Government occupational safety and health standards are current and appropriate. Labor regulations grant workers the right to leave work situations that endanger their health and safety without jeopardy to their employment.

The government generally enforced minimum wage, work hours, and occupational health and safety standards, fines and imprisonment effectively in the formal sector. Such penalties generally were sufficient to deter violations. The number of labor inspectors was insufficient to cover the country’s industries. Labor regulations were not effectively applied in the informal sector.

Bosnia and Herzegovina

Executive Summary

Bosnia and Herzegovina (BiH) is a democratic republic with a bicameral parliament. Many governmental functions are the responsibility of two entities within the state, the Federation and the Republika Srpska (RS), as well as the Brcko District, an autonomous administrative unit under BiH sovereignty. The 1995 General Framework Agreement for Peace (the Dayton Accords), which ended the 1992-95 Bosnian war, provides the constitutional framework for governmental structures, while other parts of the agreement specify the government’s obligations to protect human rights and enable the right of wartime refugees and displaced persons to return to their prewar homes or be compensated for properties that cannot be restored to them. The country held general elections in October 2018. As of December, however, the election results had not been fully implemented, as the state-level government and two cantonal governments had not yet been formed. The Organization for Security and Cooperation in Europe’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR) reported that elections were held in a competitive environment but were characterized by continuing segmentation along ethnic lines. While candidates could campaign freely, ODIHR noted that “instances of pressure and undue influence on voters were not effectively addressed,” citing long-standing deficiencies in the legal framework. ODIHR further noted that elections were administered efficiently, but widespread credible allegations of electoral contestants manipulating the composition of polling station commissions reduced voter confidence in the integrity of the process. More than 60 complaints of alleged election irregularities were filed with the Central Election Commission.

State-level police agencies include the State Investigation and Protection Agency, the Border Police, the Foreigners Affairs Service (partial police competencies), and the Directorate for Police Bodies Coordination. Police agencies in the two entities (the RS Ministry of Interior and the Federation Police Directorate), the Brcko District, and 10 cantonal interior ministries also exercise police powers. The armed forces provide assistance to civilian bodies in case of natural or other disasters. The intelligence service is under the authority of the BiH Council of Ministers. An EU military force continued to support the country’s government in maintaining a safe and secure environment for the population. While civilian authorities maintained effective control of law enforcement agencies and security forces, a lack of clear division of jurisdiction and responsibilities between the country’s 16 law enforcement agencies resulted in occasional confusion and overlapping responsibilities.

Significant human rights issues included: significant problems with the independence of the judiciary; restrictions of free expression, the press, and the internet, including violence and threats of violence against journalists; significant government corruption; trafficking in persons; and crimes involving violence or threats of violence against members of national/ethnic/racial minorities and lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.

Units in both entities and the Brcko District investigated allegations of police abuse, meted out administrative penalties, and referred cases of criminal misconduct to prosecutors. Observers considered police impunity widespread, and there were continued reports of corruption within the state and entity security services. Ineffective prosecution of war crimes committed during the 1992-95 conflict continued to be a problem.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, but governmental respect for this right remained poor during the year. Intimidation, harassment, and threats, including an increased number of death threats, against journalists and media outlets continued during the year, while the majority of media coverage was dominated by nationalist rhetoric and ethnic and political bias, often encouraging intolerance and sometimes hatred. The absence of transparency in media ownership remained a problem.

Freedom of Expression: The country’s laws provide for a high level of freedom of expression, but the irregular and, in some instances, incorrect implementation and application of the law seriously undermined press freedoms. The law prohibits expression that provokes racial, ethnic, or other forms of intolerance, including “hate speech,” but authorities did not enforce these restrictions.

Data from the Free Media Help Line (FMHL) indicated that courts continued to fail to differentiate between different media genres (in particular, between news and commentary), while long court procedures and legal and financial battles were financially exhausting to journalists and outlets. The FMHL concluded that years of incorrectly implementing the law had caused direct pressure against journalists and media and that such pressure jeopardized journalists’ right to freedom of expression.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction, but sometimes this resulted in pressure or threats against journalists. The law prohibiting expression that provokes racial, ethnic, or other forms of intolerance applies to print and broadcast media, the publication of books, and online newspapers and journals but was not enforced.

Political and financial pressure on media outlets continued. Some media outlets noted that allegations of tax evasion and elaborate financial controls continued to be powerful tools in attempts to intimidate and control outlets. The number of physical attacks against journalists increased during the year.

Attacks on journalists’ professional integrity and freedom of the press continued to grow throughout the year. On a number of occasions, public officials obstructed the work of journalists. During one weekend in February, for example, the FMHL registered three such incidents. In one of the incidents in Banja Luka, police stopped journalists from E-Trafika and Dnevni Avaz, who were clearly displaying press credentials, from reporting on the “Justice for David” protests there.

The practice of pressuring journalists to censor their reporting continued during the year as well. Investigative stories on corruption in the country’s judicial sector focusing on high-level officials resulted in additional pressure on journalists. In June, for example, the BiH Prosecutor’s Office issued a threatening press release announcing that it was opening a case to investigate the motives of persons disseminating negative reports in the media about their work. The BiH Journalists Association (BH Journalists) strongly criticized the statement. In April the country’s chief prosecutor, Gordana Tadic, told investigative journalists that they were to run their stories, accompanied by supporting evidence, by prosecutors or police offices before publishing them. This “advice” came after prosecutors questioned journalists who wrote high-profile investigative stories about fake university diplomas and alleged Croatian intelligence activities in the country.

Authorities continued exerting pressure on media outlets to discourage some forms of expression, and party and governmental control over a number of information outlets narrowed the range of opinions represented in both entities. Public broadcasters remained under strong pressure from government and political forces due to a lack of long-term financial stability. Public broadcasters remained exposed to political influence, especially through politically controlled steering boards. These factors limited their independence and resulted in news that was consistently subjective and politically biased.

The Public Broadcasting System consists of three broadcasters: nationwide radio and television (BHRT) and the entity radio and television broadcasters RTRS and RTV FBiH. The law on the public broadcasting system is only partially implemented and entity laws are not in line with state level law. Public broadcasters continued to be in a difficult financial situation, primarily due to the lack of an efficient, unified, and stable system of financing.

The institutional instability of the governing structures of RTV FBiH continued, as the broadcaster failed to elect a steering board or appoint organizational management and remained open to political influence. As a result, RTV FBiH continued to demonstrate political bias and a selective approach to news.

The RS government continued directly to control RTRS, which demonstrated strong support for the ruling political parties in the RS. The BHRT, which previously had a reputation for being balanced and nonbiased, caved to increased political pressure and censored its own reporting. Authorities remained subject to competing political interests and failed to establish a public broadcasting Service Corporation to oversee the operations of all public broadcasters in the country as provided by law.

Violence and Harassment: Intimidation and threats against journalists continued during the year. Cases of violence and death threats against journalists were recorded as well. Intimidation and politically motivated litigation against journalists for their unfavorable reporting on government leaders and authorities also continued.

As of August the FMHL recorded 37 cases involving violations of journalists’ rights and freedoms, five death threats, and six physical assaults. According to data from BH Journalists covering the period from 2006 to 2019, authorities prosecuted approximately 30 percent of criminal acts reported against journalists and investigated more than one-third of alleged violations of journalists’ rights.

On March 28, for example, Huso Cesir, the head of the municipal council of Novi Grad in Sarajevo, shoved and verbally harassed Adi Kebo, a cameraman at the online news magazine Zurnal, while he was filming the entrance to Cesir’s company as part of an investigation into the politician’s business dealings. Cesir’s son joined his father and also harassed Kebo, briefly taking Kebo’s camera. Kebo sustained light injuries and his camera was damaged during this attack. BH Journalists reacted and strongly condemned the attack, while Party for Democratic Action (SDA) leaders made light of it, stating that Cesir attacked the camera, not the cameraman. Sarajevo Canton police filed a case with the canton prosecutor.

Early in the year, journalists at TV Sarajevo, the public television service of Sarajevo Canton, complained they were frequently censored and harassed by their SDA-allied management and reported the case to the FMHL. In February a former TV Sarajevo employee set fire to the car of the then director of the station. The director, Edina Fazlagic, blamed false accusations about the station’s employment policies for triggering the attack. The SDA condemned the attack, calling it political pressure against press freedom. In March, BH Journalists issued a press release condemning political pressures against TV Sarajevo. The FMHL contacted the Ombudsman and cantonal labor inspector concerning the alleged violation of TV Sarajevo’s employees’ rights, which the labor inspector ultimately confirmed. Following a political reshuffle, the Sarajevo Canton government–now formed without the SDA–made Kristina Ljevak the acting director of the station in May. The SDA strongly criticized her decisions, and right-oriented web portals took issue with her ethnic background and questioned her suitability for the position, as she had spent the war in the RS. An SDA member of the Sarajevo Canton Assembly, Samra Cosovic Hajdarevic, referring to Ljevak’s appointment, commented on Facebook that Muslim names in important positions were being replaced with other ones. The comment sparked strong reactions from media professionals, who condemned it as discriminatory, while the multiethnic Social Democratic Party and Democratic Front party condemned it as hate speech.

On July 12, the Banja Luka District Court convicted Marko Colic, one of the attackers in the 2018 attack on journalist Vladimir Kovacevic. Kovacevic, a BNTV journalist based in Banja Luka, was severely beaten as he came home after covering a protest. Colic was sentenced to four years in prison. The second attacker, identified as Nedeljko Dukic, was never apprehended. Journalist associations continued to assert that this unresolved case had a chilling effect on press freedom in the country.

Censorship or Content Restrictions: Multiple political parties and entity-level institutions attempted to influence editorial policies and media content through legal and financial measures. As a result, some media outlets practiced self-censorship.

In some instances, media sources reported that officials threatened outlets with loss of advertising or limited their access to official information. Prevailing practices reflected close connections between major advertisers and political circles and allowed for biased distribution of advertising time. Public companies, most of which were under the control of political parties, remained the key advertisers. Outlets critical of ruling parties claimed they faced difficulties in obtaining advertising.

Libel/Slander Laws: While the country has decriminalized defamation, a large number of complaints continued to be brought against journalists, often resulting in extremely high monetary fines. Noteworthy court decisions against journalists included temporary bans on the posting or publication of certain information as well as very high compensatory payments for causing “mental anguish.”

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights, but some restrictions remained. Although the legislation on asylum provides for freedom of movement for asylum seekers, authorities of Una-Sana Canton imposed restrictions without a due legal basis. This resulted in asylum seekers–including some who were duly registered–being forcibly disembarked from public transports at the entrance of the canton territory and being prevented from using buses and taxis within the canton. Groups of asylum-seekers and migrants were regularly marched involuntarily from Bihac to a location several kilometers away, where their movements were limited. The location itself offers very poor humanitarian and safety conditions. UNHCR’s legal aid partner legally challenged these restrictions.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of asylum (refugee or subsidiary protection status), and the government has established a system for providing protection to refugees. Asylum seekers with pending claims have a right to accommodation at the asylum center until the Ministry of Security makes a final and binding decision on their claims. Provision of adequate accommodation remained one of the biggest challenges since the beginning of 2018 due to increased arrivals of asylum seekers. It was common practice for some migrants to apply for asylum in order to gain access to temporary benefits and services, even if they had no plans to remain in the country. The increase of arrivals delayed registration procedures and access to rights and services, including legal, medical, and basic needs such as food and basic hygiene facilities and items, which were tied directly to the accommodation facilities.

According to an AP press service report, on October 24, the International Red Cross issued a statement warning of an imminent “humanitarian catastrophe” at one particular site, overcrowded makeshift migrant camp near the country’s border with Croatia. According to the statement, migrants in the Vucjak camp had no running water, no electricity, no usable toilets, and leaking overcrowded tents for the 700 persons there. The statement noted there were persons living in the camp with untreated broken limbs, and 70 percent of the population had scabies. The camp had only 80 tents and five volunteers from the country’s Red Cross Society. According to the report, local authorities restricted the camp’s water supplies in an effort to pressure the BiH government to relocate the migrants.

In official migrant centers, international organizations, NGOs, volunteers, or local actors provided services on an ad hoc basis. In May 2018 an additional facility, the Salakovac Refugee Reception Center, was opened for the accommodation of asylum seekers. Five temporary reception centers for refugees, asylum-seekers, and migrants were opened and managed by the International Organization for Migration in cooperation with the Service for Foreigners’ Affairs (four in Una-Sana Canton and one near Sarajevo). Nevertheless, adequate shelter capacity was still lacking, in particular for families, unaccompanied and separated minors, and other vulnerable categories. The swift processing of asylum claims was another area of concern, as there were many obstacles to registering an asylum claim, including the obligation for asylum seekers not accommodated in an official government-run center to register their address. While the situation improved over the course of the year, the Sector for Asylum still lacked resources to ensure that applicants had full and timely access to asylum procedures. In addition, asylum authorities lacked sufficient personnel, making the asylum process very lengthy and discouraging refugees from seeking asylum in the country.

Asylum seekers have the right to appeal a negative decision before the Court of BiH. The system for providing protection to refugees seeking asylum continued to suffer from a lack of transparency.

Authorities appeared to have stopped their previous practice of placing foreigners with irregular status or without documentation in immigration detention centers and issuing expulsion orders without giving asylum seekers the ability to present applications. The change came with the increase of new arrivals in 2018 and 2019. In the past, the Service for Foreigners’ Affairs held asylum seekers for 90 days, the maximum initial holding period prescribed by law. Detention decisions were issued in the Bosnian/Croatian/Serbian languages while, according to the Service for Foreigners’ Affairs, individuals were informed of the content of the decision orally with the assistance of an interpreter. A foreigner may appeal a decision on detention within three days from the date it is issued. Many asylum seekers did not receive legal aid within this timeframe and subsequently told the Office of the UN High Commissioner for Refugees (UNHCR) that they were not informed of this possible remedy.

UNHCR paid ad hoc visits to the Immigration Center of the Service for Foreigners’ Affairs, where foreigners were detained. UNHCR’s main concern with regard to the center was the difficulty experienced by legal aid NGOs that wanted to access it on a regular basis and the fact that authorities occasionally detained families with children there, pending their voluntary readmission to countries of origin.

According to UNHCR, authorities held several individuals seeking asylum at the Immigration Center during the first eight months of the year. Information on the right to seek asylum was not readily available to potential asylum seekers in the center. UNHCR expressed concern that foreigners in detention might not have access to asylum procedures and that authorities might prematurely return some potential asylum seekers under readmission agreements before they had been afforded an opportunity to file a claim for asylum. In addition, some provisions of the BiH legislation on extradition gives authorities the possibility of extraditing a person who has expressed the intention to seek asylum if the request was made after the country had received an extradition request. In addition, UNHCR reported that applicants for refugee status did not have sufficient legal assistance; that there were no clear standards of proof or methods of assessing the credibility of claims, including country of origin; and that guidelines for determining whether there was a risk of persecution were unduly strict.

Safe Country of Origin/Transit: The law provides for the application of the concept of “safe country of origin or safe third country.” Under this provision, authorities may deny asylum to applicants who cannot prove they were unable to return to their country of origin or to any country of transit. The application of this concept would require a list of safe third countries and countries of origin to be made by the BiH Council of Ministers.

Durable Solutions: The laws provide a program for integration and return of refugees and displaced persons. The country was party to a regional housing program funded by international donors and facilitated in part by UNHCR and the OSCE to provide durable solutions for up to 74,000 refugees and displaced persons from four countries in the region, including 14,000 of the most vulnerable refugees, returnees, and IDPs from the country. The process of selecting program beneficiaries was protracted due to capacity and management problems that resulted in extended delays in the reconstruction of homes. Fragmented institutional arrangements added administrative delays to the process, as did the political imperative to select beneficiaries proportionally from among the country’s constituent peoples.

Temporary Protection: The government provided subsidiary protection status to individuals who may not qualify as refugees. In the first seven months of the year, authorities provided subsidiary protection to 17 individuals and extended existing subsidiary protection to four others.

Section 3. Freedom to Participate in the Political Process

The constitution and the law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Observers noted a number of shortcomings, however.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively nor prioritize public corruption as a serious problem. Courts have not processed high-level corruption cases, and in most of the finalized cases, suspended sentences were pronounced. Officials frequently engaged in corrupt practices with impunity, and corruption remained prevalent in many political and economic institutions. Corruption was especially prevalent in the health and education sectors, public procurement processes, local governance, and in public administration employment procedures.

While the government has mechanisms to investigate and punish abuse and corruption, but political pressure often prevented the application of these mechanisms. Observers considered police impunity widespread, and there were continued reports of corruption within the state and entity security services. There are internal affairs investigative units within all police agencies. Throughout the year, mostly with assistance from the international community, the government provided training to police and security forces designed to combat abuse and corruption and promote respect for human rights. The field training manuals for police officers also include ethics and anticorruption training components.

Corruption: While the public viewed corruption as endemic in the public sphere, there was little public demand for the prosecution of corrupt officials. The multitude of state, entity, cantonal, and municipal administrations, each with the power to establish laws and regulations affecting business, created a system that lacked transparency and provided opportunities for corruption. The multilevel government structure gave corrupt officials multiple opportunities to demand “service fees,” especially in the local government institutions.

Analysts considered the legal framework for prevention of corruption to be satisfactory across almost all levels of government and attributed the absence of high-profile prosecutions to a lack of political will. Many state-level institutions tasked with fighting corruption, such as the Agency for Prevention and Fight against Corruption, had limited authority and remained under resourced. There were indications that the judiciary was under political influence, and the High Judicial and Prosecutorial Council was at the center of corruption scandals, including allegations that the president of the council accepted a bribe in exchange for interfering in a case. The accountability of judges and prosecutors was low, and appointments were often not merit based. Prosecutions also were considered generally ineffective and subject to political manipulation, often resulting in suspended sentences or prison sentences below mandatory minimum sentences. Authorities reported that, in the previous five years, 84 indictments were filed against high-ranking public officials, of whom 38 were found guilty.

Gathering evidence to prove corruption has been seriously impeded as of 2018, when the Constitutional Court ruled unconstitutional certain provisions in the BiH state law that governs special investigative measures. The BiH parliament adopted amendments to Criminal Procedure Code that define the crimes for which special investigative measures may be applied and regulate the granting of immunity to witnesses and the duration of investigations in line with the ruling of the Constitutional Court. The RS also amended part of the Criminal Procedure Code to define the crimes for which special investigative measures may be ordered.

According to professors and students, corruption continued at all levels of the higher education system. Professors at a number of universities reported that bribery was common and that they experienced pressure from colleagues and superiors to give higher grades to students with family or political connections. There were credible allegations of corruption in public procurement, public employment, and health-care services.

Financial Disclosure: Candidates for high-level public office, including for parliament at the state and entity levels and for the Council of Ministers and entity government positions, are subject to financial (assets/liabilities and income) disclosure laws, although observers noted the laws fell short of standards established by the Organization for Economic Cooperation and Development and other international organizations. The Central Election Commission received financial reports of elected officials, while the Conflict of Interest Commission within the BiH parliament receives financial reports and retains records on public officials. Both institutions lacked authority to verify the accuracy of declarations, and it was believed that public officials and their relatives often declared only a fraction of their total assets and liabilities. Authorities generally failed to make financial disclosure declarations public, using as an excuse the conflicts between the laws on financial disclosure and protection of personal information.

Failure to comply with financial disclosure requirements is subject to administrative sanctions. During the year the Conflict of Interest Commission had no cases as the mandate of parliamentary members expired, and new members were not appointed. A new government in Sarajevo Canton made positive steps in the fight against corruption by adopting legislation on the verification of assets of public officials. The government also adopted a decree on public procurement, which introduces anticorruption measures to regulate these processes.

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

A variety of human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were seldom cooperative and responsive to their views, and the Council of Ministers still largely excluded NGOs from politically important or sensitive decisions. NGOs continued, however, to expand cooperation with the government at lower levels.

Government officials in both the Federation and the RS attempted at times to limit NGO activities. Observers noted that some civil society representatives working on highly sensitive issues such as war crimes and combatting corruption have been subjected to threats and verbal assaults. Several NGOs in the RS reported being pressured by local authorities while subject to protracted tax inspections, sometimes lasting up to six months. NGOs can only be involuntarily dissolved if found in violation of the law.

Civil society organizations frequently lacked adequate funding, and most were dependent on either governmental or international assistance. Local governments generally extended support to NGOs, provided the governing parties did not consider them threats.

The United Nations or Other International Bodies: In contrast to Federation and Brcko District governments, the RS government was noncooperative and unresponsive in dealing with the Office of the High Representative created by the Dayton Accords and given special executive powers in the country.

Government Human Rights Bodies: The state-level Ombudsman has authority to investigate alleged violations of the country’s human rights laws on behalf of individual citizens and to submit legally nonbinding recommendations to the government for remedy. Members of the international community noted that the Ombudsman lacked the resources to function effectively and had to contend with disagreements between representatives of the country’s three constituent peoples over what constitutes a human rights violation, which sometimes caused disagreements within the institution. A Bosniak, a Croat, and a Serb shared leadership of the Ombudsman Institution.

The state-level parliament has a Joint Commission for Human Rights that participated in human rights-related activities with governmental and nongovernmental organizations. Due to delays in government formation at the state level, the commission had not been formed during the year.

In January the government began implementing a 2017 cooperation agreement between the Council of Ministers and NGOs by adopting a decision to establish an advisory body for cooperation with NGOs. The decision foresees the appointment of five members by the Council of Ministers at the proposal of the Ministry of Justice.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

Federation and RS labor laws provide for the right of workers in both entities to form and join independent unions, bargain collectively, and conduct legal strikes. Employers in the private sector did not always respect these rights. The law prohibits antiunion discrimination but does not provide adequately for enforcement of these protections. The labor inspectorates and courts did not deal effectively with employees’ complaints of antiunion discrimination. Unions themselves have complained that their own union leaders have been co-opted by the company and politicians, and that they mostly protect their own privileges. The law prescribes reinstatement of dismissed workers in cases where there is evidence of discrimination, whether for union activity or other reasons. Entity-level laws in the Federation and the RS prohibit the firing of union leaders without prior approval of their respective labor ministries.

The law in both entities and in the Brcko District provides for the right to strike. The law in the Federation contains burdensome requirements for workers who wish to conduct a strike. Trade unions may not officially announce a strike without first reaching an agreement with the employer on which “essential” personnel would remain at work. Authorities may declare the strike illegal if no agreement is reached. This provision effectively allowed employers to prevent strikes. Laws governing the registration of unions give the minister of justice powers to accept or reject trade union registration on ambiguous grounds. According to informal estimates, approximately 40 percent of the work force was unregistered and working in the informal economy.

The lack of workers’ rights was more pronounced in the private sector largely due to weaker unions in the private sector and to the broad and pronounced weakness of the rule of law.

The government did not effectively enforce all applicable laws. Authorities did not impose sanctions against employers who prevented workers from organizing. Inspections related to worker rights were limited. Ministry inspectors gave low priority to violations of worker rights; state officials focused instead on bolstering revenues by cracking down on unregistered employees and employers who did not pay taxes. Some unions reported that employers threatened employees with dismissal if they joined a union and, in some cases, fired union leaders for their activities. Entity-level penalties for violations included monetary fines that were insufficient to deter violations. Judicial procedures were subject to lengthy delays and appeals.

Authorities and employers generally respected freedom of association and the right to collective bargaining. The governments and organizations of employers and workers in both entities negotiated general collective agreements establishing conditions of work, including in particular private employers. It was not confirmed that all employers recognized these agreements. Trade union representatives alleged that antiunion discrimination was widespread in all districts.

b. Prohibition of Forced or Compulsory Labor

Adequate legislation exists at the state level and in the RS and the Brcko District criminalizing forced or compulsory labor while Federation laws do not criminalize all forced labor activities. The government did not enforce the law effectively, but there was little verified evidence that forced labor occurred in the country due to the limited number of inspections into forced labor allegations. Penalties for violations were generally sufficient to deter violations.

The prosecution of 13 BiH nationals for collusion in forced labor involving 672 victims of forced labor in Azerbaijan in 2015 continued in BiH court. The government failed to prosecute organized crime syndicates that forced Romani children to beg on the streets, alleging that it was Romani custom to beg. There were reports that individuals and organized crime syndicates trafficked men, women, and children for begging and forced labor (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment of children in both entities is 15; minors between the ages of 15 and 18 must provide a valid health certificate to work. RS and Brcko District laws penalize employers for hiring persons younger than age 15. The labor codes of the Federation, the RS, and the Brcko District also prohibit minors between the ages of 15 and 18 from working at night or performing hazardous labor, although forced begging is not considered a hazardous task for all entities. The law prohibits the worst forms of child labor. Entity governments are responsible for enforcing child labor laws, and both entities and the Brcko District enforced them. Boys and girls were subjected to forced begging and involuntary domestic servitude in forced marriages. Sometimes forced begging was linked to other forms of human trafficking. In the case of Romani children, family members or organized criminal groups were usually responsible for subjecting girls and boys to forced begging and domestic servitude in forced marriages. Several of the worst forms of child labor occurring in the country included the use of children for illicit activities, commercial sexual exploitation of children, and the use of children for the production of pornography (see section 6, Children).

During the year the government did not receive reports of child labor at places of employment. Neither entity had inspectors dedicated to child labor inspections; authorities investigated violations of child labor laws as part of a general labor inspection. The labor inspectorates of both entities reported that they found no violations of child labor laws, although they did not conduct reviews of children working on family farms. The government did not collect data on child labor because there were no reported cases. The general perception among officials and civil society was that the exploitation of child labor was rare. RS law imposes fines for employing children younger than 16, but the law does not specify the exact monetary amount. Penalties were usually sufficient to deter violations.

NGOs running day centers in Banja Luka, Tuzla, Mostar, Bijeljina, Bihac, and Sarajevo in cooperation with the country’s antitrafficking coordinator continued to provide services to at-risk children, many of whom were involved in forced begging on the streets.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations related to employment or occupation prohibit discrimination based on race, ethnicity, sex, gender, age, disability, language, sexual orientation or gender identity, HIV-positive status, other communicable diseases, social status (including refugee status), religion, and national origin. The government generally enforced these laws and regulations effectively. Penalties were sufficient to deter violations.

Discrimination in employment and occupation occurred with respect to race, gender, disability, language, ethnicity, sexual orientation and gender identity, HIV-positive status, and social status (see section 6).

e. Acceptable Conditions of Work

Although the monthly minimum wage in both entities is above the official poverty income level, more than 30 percent of the population was exposed to the risk of income poverty. The Brcko District did not have a separate minimum wage or an independent pension fund, and employers typically used the minimum wage rate of the entity to which its workers decided to direct their pension funds.

The legal workweek in both entities and the Brcko District is 40 hours, although seasonal workers may work up to 60 hours. The law limits overtime to 10 hours per week in both entities. An employee in the RS may legally volunteer for an additional 10 hours of overtime in exceptional circumstances. The Federation has no provision for premium pay, while the RS requires a 30-percent premium. Laws in both entities require a minimum rest period of 30 minutes during the workday.

Employees may choose which holidays to observe depending on ethnic or religious affiliation. Entity labor laws prohibit excessive compulsory overtime. The entities and the Brcko District did little to enforce regulations on working hours, daily and weekly rest, or annual leave.

The Federation Market Inspectorate, the RS Inspectorate, and the Brcko District Inspectorate are responsible for the enforcement of labor laws in the formal economy. Authorities in the two entiti