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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.

Netherlands

Executive Summary

The Kingdom of the Netherlands, a parliamentary constitutional monarchy, consists of four equal autonomous countries: the Netherlands, Aruba, Curacao, and Sint Maarten. The kingdom retains responsibility for foreign policy, defense, and other “kingdom issues.” The Netherlands includes the Caribbean islands of Bonaire, Saba, and Sint Eustatius, which are special municipalities. The six Caribbean entities collectively are known as the Dutch Caribbean.

The Netherlands has a bicameral parliament. The country’s 12 provincial councils elect the First Chamber, and the Second Chamber is elected by popular vote. A prime minister and a cabinet representing the governing political parties exercise executive authority. Aruba, Curacao, and Sint Maarten have unicameral parliamentary systems, and each island country has one minister plenipotentiary representing them in the Kingdom Council of Ministers. Ultimate responsibility for safeguarding fundamental human rights and freedoms in all kingdom territories lies with the kingdom’s ministerial council, which includes the Dutch government and the plenipotentiary ministers of Curacao, Aruba, and Sint Maarten. (Note: The adjective “Dutch” throughout this report refers to “the Netherlands.”) Elections for seats in the European Parliament on May 23 and the Netherlands’ First Chamber on May 27 were considered free and fair.

The national police maintain internal security in the Netherlands and report to the Ministry of Justice and Security, which oversees law enforcement organizations, as do the justice ministries in Aruba, Curacao, and Sint Maarten. The kingdom’s armed forces report to the Ministry of Defense and are responsible for external security but also have some domestic security responsibilities. The military police (Marechaussee) are responsible for border control in the Netherlands. Each country’s Border Protection Service (immigration), police, and the Dutch Caribbean Coast Guard share responsibility for border control on Sint Maarten, Aruba, and Curacao, respectively. Civilian authorities throughout the entire kingdom maintained effective control over the security forces.

Significant human rights issues included: anti-Semitic incidents and violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.

Authorities in the kingdom investigated, prosecuted, and punished officials who committed 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 law provides for freedom of expression, including for the press, and the governments throughout the kingdom 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: It is a crime “verbally or in writing or image deliberately to offend a group of people because of their race, their religion or beliefs, their sexual orientation, or their physical, psychological, or mental disability.” The statute in the Netherlands does not consider statements that target a philosophy or religion, as opposed to a group of persons, as criminal hate speech. The penalties for violating the law include imprisonment for a maximum of two years, a fine of up to 8,100 euros ($8,900), or both. In Aruba the penalties for this offense are imprisonment for a maximum of one year or a fine of 10,000 Aruban florins ($5,520). In the Netherlands there are restrictions on the sale of the book Mein Kampf and the display of the swastika symbol with the intent of referring to Nazism. Legislation to decriminalize defamation of the royal family came into effect in August.

Press and Media Freedom, Including Online Media: Independent media in the kingdom were active and expressed a wide variety of views without restriction. The restrictions on “hate speech” applied to media but were only occasionally enforced. Disputes occasionally arose over journalists’ right to protect their sources.

Nongovernmental Impact: Several crime reporters and media outlets throughout the kingdom faced threats, violence, and intimidation from criminal gangs. Some reporters received permanent police protection. In June, three men were convicted for a rocket attack on the office of the weekly Panorama in Amsterdam in June 2018 and sentenced to three and four years of imprisonment. There was a similar attack at the office of the national newspaper De Telegraaf, also in June 2018. In April the prosecutor’s office, police, the Dutch Association of Journalists, and the Netherlands Society of Editors in Chief established the Safe Press registration center to facilitate journalists’ sharing their experiences of violence, threats, and intimidation with authorities. In June the Dutch Association of Journalists released a survey of 350 female journalists in which half of the respondents stated they had been exposed to violence or intimidation in their work, and 70 percent believed these conditions were a threat to freedom of the press.

b. Freedoms of Peaceful Assembly and Association

The laws in the kingdom provide for the freedoms of assembly and association, and the governments 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 laws in the kingdom provide 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: The NGO Refugees International in April criticized the government of Curacao for failing to provide temporary status to Venezuelan refugees and other displaced Venezuelans. They found that many migrants and displaced Venezuelans without legal status ended up living on the fringes of society, with no protection against abuse from neighbors or from employers in the informal sector. They noted that some migrant women had been forced into commercial sex.

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

Refoulement: On Curacao and Sint Maarten, there is no legal protection from returning a person to their country of origin who faces a well founded fear of persecution. Curacao and Sint Maarten may have a legal basis to prevent returning a person to a country where they would face torture, or degrading or inhuman treatment or punishment based on the European Convention on Human Rights. As of year’s end, they developed corresponding national procedures but did not amend their immigration statutes.

Ten human rights organizations, including Amnesty International and Defense for Children International, campaigned against the repatriation of rejected asylum seekers to Afghanistan who had received their final denial because they regarded the security situation there as too unsafe. The courts in the Netherlands, however, backed the government’s position that it was safe enough to repatriate persons to certain parts of Afghanistan. There were also disagreements between the government and human rights organizations on repatriations to countries such as Bahrain, Sudan, and Iraq, but ultimately the courts also ruled in favor of the government’s repatriation of persons to those countries.

Access to Asylum: The laws on asylum vary in different parts of the kingdom. In general the law in the Netherlands provides for the granting of asylum or refugee status, and the government has an established system for providing protection to refugees.

Sint Maarten and Curacao are required to follow the European Convention on Human Rights. The law does not provide for the granting of asylum or refugee status. Foreigners requesting asylum are processed as foreigners requesting a humanitarian residence permit. If an individual is unable to obtain a humanitarian residence permit, authorities deport the person to their country of origin or a country that agreed to accept them. Curacao requested and received guidance and training from the Netherlands on asylum-processing procedures.

Most asylum seekers in the Dutch Caribbean were from Venezuela. In general authorities in Aruba, Curacao, and Sint Maarten considered most Venezuelan asylum seekers to be economic migrants ineligible for protection. Aruba, Bonaire, and Curacao deported undocumented displaced Venezuelans throughout the year. Local and international human rights organizations urged the governments of Aruba and Curacao to refrain from deporting refugees and other displaced Venezuelans back to their home country. There were no reports that refugees and other displaced Venezuelans faced persecution if returned to Venezuela.

In March the government of Aruba asked UNHCR for support with processing political asylum requests by Venezuelan migrants.

Safe Country of Origin/Transit: Authorities in the Netherlands denied asylum to persons who came from so-called safe countries of origin or who had resided for some time in safe countries of transit. They used EU guidelines to define such countries. Applicants had the right to appeal all denials.

Under the EU’s Dublin III Regulation, the Netherlands did not return third country asylum seekers arriving from Hungary back to Hungary, due to discrepancies between Hungary’s asylum laws and EU migration law.

Freedom of Movement: Government guidelines require that authorities not detain denied asylum seekers longer than three months, but they exceeded this term in several cases. In the Netherlands the national ombudsperson, Amnesty International, and other NGOs asserted that persons denied asylum and irregular migrants were regularly subjected to lengthy detention before deportation even when no clear prospect of actual deportation existed.

Durable Solutions: In the Netherlands the government accepted up to 500 refugees per year for resettlement through UNHCR, and the governments of the Dutch Caribbean accepted up to 250. These refugees came from UN refugee camps in Jordan, Lebanon, Egypt, Niger, and Uganda. The government also relocated up to 1,750 Syrians from refugee camps in Turkey under the terms of the EU agreement with Turkey. Most of the persons granted residency permits on Curacao and Aruba were from Venezuela. The government provided financial and in-kind assistance to refugees who sought to return to their home country voluntarily. The laws in all parts of the kingdom provide the opportunity for non-Dutch persons to gain citizenship.

Temporary Protection: The government of the Netherlands provided temporary protection to individuals who did not qualify as refugees. According to Eurostat data, in 2018 it provided subsidiary protection to 2,110 persons and humanitarian status to 530 others.

Section 3. Freedom to Participate in the Political Process

The constitution and laws in the entire kingdom 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 laws in the entire kingdom provide criminal penalties for corruption by officials, and the governments generally implemented the laws effectively. There were isolated reports of corruption in the kingdom’s governments during the year.

Corruption: On Sint Maarten two members of parliament were arrested on suspicion of accepting bribes.

In November 2018 the High Court in the Netherlands upheld the conviction of a former Curacao prime minister on charges of corruption and money laundering.

In February in Aruba, a minister was sentenced to four years’ imprisonment and a nine-year prohibition to be elected for issuing work permits without following proper procedures.

Financial Disclosure: The laws throughout the kingdom do not require income and asset disclosure by officials. The evaluation of the Council of Europe’s Group of States against Corruption (GRECO) noted that prospective cabinet ministers are expected to discuss potential conflicts of interest with their future prime minister during the formation of a new government, but these declarations are not made public and do not cover holdings or offices held by the candidate minister’s family members. For most senior government positions, each ministry has its own regulations governing conflicts of interest.

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

Throughout the kingdom, 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 often cooperative and responsive to their views.

Government Human Rights Bodies: A citizen of the Netherlands may bring any complaint before the national ombudsperson, the Netherlands Institute for Human Rights (NIHR), the Commercial Code Council, or the Council of Journalism, depending on circumstances. The NIHR acted as an independent primary contact between the government, and domestic and international human rights organizations.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The laws in all parts of the kingdom provide for public- and private-sector workers to form or join independent unions of their own choosing without prior governmental authorization or excessive requirements. The law provides for collective bargaining. Unions may conduct their activities without interference.

The law prohibits antiunion discrimination and retaliation against legal strikers. It requires workers fired for union activity to be reinstated. The law restricts striking by some public-sector workers if a strike threatens the public welfare or safety. Workers must report their intention to strike to their employer at least two days in advance.

The government effectively enforced applicable laws. Penalties, including fines, were sufficient to deter violations. Throughout the kingdom, the government, political parties, and employers respected the freedom of association and the right to bargain collectively. Authorities effectively enforced applicable laws related to the right to organize and collective bargaining.

The Netherlands’ Trade Union Confederation alleged temporary workers were used to break strikes.

b. Prohibition of Forced or Compulsory Labor

Throughout the kingdom the law prohibits all forms of forced or compulsory labor, and the government enforced it. The penalty for violating the law against forced labor ranges from 12 years’ imprisonment in routine cases to 18 years’ imprisonment in cases where the victim incurs serious physical injury and life imprisonment in cases where the victim dies. These penalties were adequate to deter violations.

Enforcement mechanisms and effectiveness varied across the kingdom. In the Netherlands the Inspectorate for Social Affairs and Employment investigated cases of forced or compulsory labor. The inspectorate worked with various agencies, such as police, and NGOs to identify possible cases. After completion of the investigation, cases were referred to the prosecutor’s office. On the islands of the Dutch Caribbean, labor inspectors together with representatives of the Department for Immigration inspected worksites and locations for vulnerable migrants and indicators of trafficking. In Sint Maarten the lack of standard procedures for front-line responders to identify forced labor victims hindered the government’s ability to assist such persons. Following an investigation into the possible exploitation of three Filipina women hired as domestic servants, the public prosecutor’s office determined in September that the case did not amount to forced labor, despite claims from the Filipino community alleging unfair labor practices and exploitation.

Isolated incidents of forced or compulsory labor occurred in the kingdom. Victims of coerced labor included both domestic and foreign women and men, as well as boys and girls (see section 7.c.) forced to work in, among other sectors, agriculture, horticulture, catering, domestic servitude and cleaning, the inland shipping sector, and forced criminality (including illegal narcotics trafficking).

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

In the Netherlands the law prohibits the worst forms of child labor, and there were no reports of child labor. The government categorizes children into three age groups for purposes of employment: 13 to 14, 15, and 16 to 17. Children in the youngest group are allowed to work only in a few light, nonindustrial jobs and only on nonschool days. As children become older, the scope of permissible jobs and hours of work increases, and fewer restrictions apply. The law prohibits persons younger than 18 from working overtime, at night, or in hazardous situations. Hazardous work differs by age category. For example, children younger than 18 are not allowed to work with toxic materials, and children younger than 16 are not allowed to work in factories. Holiday work and employment after school are subject to very strict rules set by law. The government effectively enforced child labor laws. Offenders faced fines, which were sufficient to deter violations.

Aruba’s law prohibits the worst forms of child labor. In Aruba the minimum age for employment is 15. The rules differentiate between “children” and “youngsters.” Children are boys and girls younger than 15, and youngsters are persons between the ages of 15 and 18. Children age 13 or older who have finished elementary school may work, if doing so is necessary for learning a trade or profession (apprenticeship), not physically or mentally taxing, and not dangerous. Penalties range from fines to imprisonment, which were adequate to deter violations. The government enforced child labor laws and policies with adequate inspections of possible child labor violations.

Curacao’s law prohibits the worst forms of child labor. The island’s minimum age for employment is 15. The rules differentiate between children and youngsters. Children are those younger than 15, and youngsters are persons between the ages of 15 and 18. Children age 12 or older who have finished elementary school may work if doing so is necessary for learning a trade or profession (apprenticeship), not physically or mentally taxing, and not dangerous. The penalty for violations is a maximum four-year prison sentence, a fine, or both, which was adequate to deter violations.

Sint Maarten’s law prohibits the worst forms of child labor. In Sint Maarten the law prohibits children younger than 14 from working for wages. Special rules apply to schoolchildren who are 16 and 17 years of age. The law prohibits persons younger than 18 from working overtime, at night, or in activities dangerous to their physical or mental well-being. Penalties ranged from fines to imprisonment and were adequate to deter violations. The government effectively enforced the law.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations throughout the kingdom prohibit discrimination in employment and occupation, and the government effectively enforced the laws. The law applies to all refugees with residency status. Penalties took the form of fines and were adequate to deter violations.

The NIHR focused on discrimination in the labor market, such as discrimination in the workplace, unequal pay, termination of labor contracts, and preferential treatment of ethnically Dutch employees. Although the NIHR’s rulings are not binding, they were usually adhered to by parties. In 2018 the NIHR addressed 277 cases of possible labor discrimination. In November 2018, for example, the NIHR ruled that a software company discriminated against a female employee when it notified her that women were required to wear dresses as part of appropriate work attire. Plaintiffs may also take their cases to court, but the NIHR was often preferred because of a lower threshold to start a case. The Inspectorate for Social Affairs and Employment conducted inspections to investigate whether policies were in place to prevent discrimination in the workplace. The law addresses adaptations that require employers to accommodate employees with disabilities, and the government worked to improve the position of persons with disabilities in the labor market (see section 6).

Discrimination occurred in the Netherlands, including on the basis of race and sex. The country’s nationals with migrant backgrounds faced numerous barriers when looking for work, including lack of education, lack of Dutch language skills, and racial discrimination. According to Statistics Netherlands, the minority unemployment rate of non-Western migrants during 2018 was more than twice that of the native workforce, while the unemployment rate among youths with a non-Western migrant background was almost three times higher than among native youth. The government implemented a program called “Further Integration on the Labor Market” to improve the competitiveness of those with a migrant background seeking work in the Netherlands. The program set up eight different pilot projects to identify which interventions would better increase labor market participation among these populations.

Discrimination in employment and occupation also occurred with respect to race, religion, and disability. Migrant workers also faced discrimination in employment. The International Labor Organization noted, for example, in the Netherlands, non-Western persons were more likely to work under flexible contracts, had higher rates of youth unemployment, and continued to encounter discrimination in recruitment. The NIHR reported in 2018 that 61 percent of the discrimination in employment claims it received were related to pregnancy. Female unemployment was higher than male, and female incomes lagged behind male counterparts.

e. Acceptable Conditions of Work

In the Netherlands the minimum wage for an adult older than 21 was 1,635 euros ($1,800) per month, which was sufficient for a single-person household but inadequate for a couple with two children, according to the government. The government effectively enforced wage laws.

In Aruba there was no official poverty level, and the monthly minimum wage in 2019 was 1,762 Aruban florins ($974). In Curacao the minimum hourly wage was nine Netherlands Antillean guilders (five dollars), and the official poverty level was 2,195 guilders ($1,230) per month. The official minimum hourly wage in Sint Maarten was 8.83 Netherlands Antillean guilders ($4.93); no poverty-level income information was available.

In the Netherlands the law does not establish a specific number of hours as constituting a full workweek, but most workweeks were 36, 38, or 40 hours long. Collective bargaining agreements or individual contracts, not law, regulate overtime. The legal maximum workweek is 60 hours. During a four-week period, a worker may only work 55 hours a week on average or, during a 16-week period, an average of 48 hours a week, with some exceptions. Persons who work more than 5.5 hours a day are entitled to a 30-minute rest period.

In the Netherlands the government set occupational health and safety standards across all sectors. Standards were appropriate for main industries and frequently updated. The situation was similar in Aruba, Curacao, and Sint Maarten. In Sint Maarten the government established guidelines for acceptable conditions of work in both the public and private sectors covered specific concerns, such as ventilation, lighting, hours, and terms of work. The ministries of labor within the kingdom reviewed and updated the guidelines and routinely visited businesses to ensure employer compliance.

In the Netherlands the Inspectorate for Social Affairs and Employment effectively enforced the labor laws on conditions of work across all sectors, including the informal economy. Resources, inspectors, and remediation were adequate. In 2018 labor inspectors imposed an average fine of nearly 9,800 euros ($10,800), which was sufficient to deter violations. The inspectorate can order companies to cease operations due to safety violations or shut down fraudulent temporary employment agencies that facilitate labor exploitation.

Most violations in the Netherlands were in temporary employment agencies that mainly hired workers from Eastern Europe, particularly in the construction and transportation sectors, without paying the minimum wage. The situation was similar in Aruba, Curacao, and Sint Maarten, although the underpaid workers were generally from Latin America.

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