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Angola

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for the right of peaceful assembly, and the government increasingly respected this right.

The law requires written notification to the local administrator and police three days before public assemblies are to be held. The law does not require government permission to hold public assemblies, but permits authorities to restrict or stop assemblies in public spaces within 109 yards of public, military, detention, diplomatic or consular buildings for security reasons. The law also requires public assemblies to start after 7 p.m. on weekdays and 1 p.m. on Saturdays. The government at times prohibited events based on perceived or claimed security considerations. Police and administrators did not interfere with progovernment gatherings. Nonpartisan groups intending to criticize the government or government leaders, however, often encountered the presence of police who prevented them from holding the event. Usually authorities claimed the timing or venue requested was problematic or that the proper authorities had not received notification.

On May 26, in Luanda, police intervened to prevent a group of 20 activists from commemorating the 41st anniversary of a 1977 protest against the MPLA that resulted in the arrest and killings of thousands of individuals. Protesters stated police prevented their access to the protest site and attacked them with dogs and sticks. One protester was badly injured. Opposition parties, UNITA and the Broad Convergence for the Salvation of Angola-Electoral Coalition (CASA-CE), as well as Amnesty International, criticized the police intervention.

Members of LTPM held several protests during the year. On November 17, security forces allegedly fired shots in the direction of LTPM protesters in Cafunfo, Lund Norte province, to disperse them. LTPM and several media sources reported that security forces shot one protester in the leg and detained dozens.

The government at times arbitrarily restricted the activities of associations it considered subversive by refusing to grant permits for organized activities. Authorities generally permitted opposition parties to organize and hold meetings.

FREEDOM OF ASSOCIATION

The constitution and law provide for the right of association, but the government did not always respect this right (see also section 7.a.). Extensive delays in the NGO registration process continued to be a problem; however, NGOs that had not yet received registration were allowed to operate.

In July 2017 the Constitutional Court declared unconstitutional a 2015 presidential decree regulating the operation of NGOs. Civil society had criticized the decree as potentially restrictive and intrusive for including requirements that NGOs obtain approval from the government before the implementation of any project, provide frequent financial reports to the government on NGO activities, and allow local authorities to supervise NGO projects within their municipalities. The government stated this regulation was part of its strategy to combat money laundering and terrorist financing. The court ruled that only the National Assembly had jurisdiction to legislate such requirements according to the clearly defined separation of powers in the constitution.

c. Freedom of Religion

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

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

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation. The government at times restricted these rights.

The government sometimes cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern. As of November 16, UNHCR reported that security forces expelled or voluntarily repatriated an estimated 450,000 irregular migrants. The overwhelming majority of these individuals were Congolese whom authorities expelled or voluntarily repatriated to the Kasai region of the Democratic Republic of Congo (DRC). On October 25, the UN High Commissioner for Human Rights criticized the government for creating a humanitarian crisis due to the massive influx of people crossing into the unstable Kasai region of the DRC. UNHCR reported that security forces refouled 2,200 registered Congolese refugees as part of the expulsions or voluntarily repatriations. There were other reports throughout the year that Lunda Norte provincial authorities exerted pressure on irregular migrants and refugees to return to the DRC. The government failed to provide adequate protection for asylum seekers and urban refugees.

Abuse of Migrants, Refugees, and Stateless Persons: On September 25, security forces began Operation Transparency, a security campaign directed at irregular migrants working in the diamond-mining region in the northern part of the country. The operation resulted in the expulsion or voluntary repatriation of an estimated 450,000 Congolese irregular migrants and smaller numbers of primarily West African migrants from the country. Multiple sources report security forces committed abuses against these migrants during the campaign.

On November 6, security forces began the nationwide campaign Operation Rescue, a nationwide law enforcement campaign focused on addressing criminality and unlicensed commercial activity. Following a 2016 visit, the UN special rapporteur on the human rights of migrants, Francois Crepeau, issued a report criticizing the government for its lack of adequate protections for refugees, asylum seekers, and migrants. Crepeau cited government failure to implement key elements of the 2015 asylum law, which had the effect of impeding refugee and asylum seekers’ access to basic services and documents, such as birth certificates for children of foreign-born parents. NGOs working with refugee and asylum-seeker populations continued to cite security force harassment of and state discrimination against those communities. At year’s end the asylum law remained unimplemented.

In-country Movement: Police maintained roadside checkpoints throughout the country. Reports by local NGOs suggested some police officers extorted money from civilians at checkpoints and during regular traffic stops. Reports from the diamond mining provinces of Lunda Norte and Lunda Sul indicated some government agents restricted the movements of local communities.

PROTECTION OF REFUGEES

In 2017 more than 32,000 Congolese, primarily women and children, fled the Kasai region of the DRC and sought refuge in Lunda Norte Province. During the early days of the refugee influx, the government was the sole provider of life-saving assistance, including food and medical care. The government generally cooperated with UNHCR, the World Food Program, and NGOs to protect and assist the community. At year’s end, however, the government had not formally granted the Kasai refugees prima facie status, despite repeated requests from UNHCR.

Refoulement: On November 16, UNHCR reported the government had forcibly returned 2,200 registered Congolese refugees since the beginning of Operation Transparency on September 25. On February 25-27, the government forcibly returned 52 registered and 480 unregistered Congolese refugees, including 217 children, to the Kasai region of the DRC despite continued reports of violence and inadequate humanitarian conditions in that region. Congolese provincial government leaders made several visits to Lunda Norte during the year and reportedly pressured refugees to return to the DRC.

Access to Asylum: The law provides for the granting of asylum or refugee status, but the law did not function during the year. The 2015 asylum law provides specific procedures for the submission of an asylum application and guidance on the determination of asylum and refugee cases. UNHCR and several NGOs reported that asylum seekers and urban refugees did not have a mechanism to apply for or resolve their status. The 2015 law changed the role of the Committee for the Recognition of the Right to Asylum, the prior implementing mechanism to identify, verify, and legalize asylum seekers, to that of an advisory board; however, at year’s end the government had not put into practice an alternative mechanism to adjudicate asylum and refugee cases in the committee’s place. The law also established the creation of reception centers for refugees and asylum seekers where they are to receive assistance until the government makes a decision on their cases.

Freedom of Movement: UNHCR, NGOs, and refugees themselves reported restrictions on freedom of movement in Lunda Norte Province. Police arbitrarily arrested or detained refugees and confiscated their registration documents during periodic round ups, particularly in Dundo, the provincial capital. Refugees also reported periodic restrictions on freedom of movement from their resettlement site in Lovua, Lunda Norte Province.

Employment: Formal restrictions on a refugee’s ability to seek employment existed. Regulation 273/13 restricted refugees from obtaining the mandatory business license required to own and operate a business. Refugees often faced difficulty obtaining employment due inability to obtain legal documents required to work in the formal sector. A general lack of acceptance of the refugee card and lack of knowledge concerning the rights it was intended to safeguard compounded the difficulties.

Access to Basic Services: Persons with recognized refugee status could at times obtain public services. UNHCR, NGOs, and refugees, however, reported that urban refugees in particular were unable to obtain legal documents following passage of the asylum law and at times faced difficulty accessing public services such as health care and education. Corruption by officials compounded these difficulties.

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

A variety of domestic and international human rights groups operated throughout the country. Some of those investigating government corruption and human rights abuses alleged government interference in their activities. Civil society organizations faced difficulties in contacting detainees, and prison authorities undermined civil society work in the prisons.

The Law of Associations requires NGOs to specify their mandate and areas of activity. The government used this provision to prevent or discourage established NGOs from engaging in certain activities, especially those that the government deemed politically sensitive. In July 2017 the Constitutional Court ruled that a 2015 presidential decree to regulate NGO operations was unconstitutional (see section 2.b.).

The government allowed local NGOs to carry out human rights-related work, but many NGOs reported they were forced to limit the scope of their work because they faced problems registering, were subject to subtle forms of intimidation, and risked more serious forms of harassment and closure.

Government Human Rights Bodies: The state-funded Interministerial Commission for the Writing of Human Rights Reports includes only representatives from various government ministries. Leading civil society members decided not to participate on the commission because they did not believe it was independent or effective.

The 10th Commission on Human Rights of the National Assembly is charged with investigating citizen complaints of alleged human rights violations and makes recommendations to the National Assembly.

An Office of the Ombudsman existed to mediate between an aggrieved public, including prisoners, and an offending public office or institution. The office did not cover the entire country and had neither decision-making nor adjudicative powers, but it helped citizens obtain access to justice, advised government entities on citizen rights, and published reports. In December 2017 the National Assembly elected Carlos Alberto Ferreira Pinto as ombudsman. Opposition parliamentarians either abstained or voted against Pinto due to his position as an elected member of the National Assembly representing the ruling MPLA party and his membership in the MPLA Central Committee.

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

Women

Rape and Domestic Violence: Rape, including spousal rape, is illegal and punishable by up to eight years’ imprisonment if convicted. Limited investigative resources, poor forensic capabilities, and an ineffective judicial system prevented prosecution of most cases. The Ministry of Justice and Human Rights worked with the Ministry of Interior to increase the number of female police officers and to improve police response to rape allegations.

The law criminalizes domestic violence and penalizes offenders with prison sentences of up to eight years and monetary fines, depending on the severity of their crime. The Ministry of Justice and Human Rights maintained a program with the Angolan Bar Association to give free legal assistance to abused women and established counseling centers to help families cope with domestic abuse. According to a survey conducted by the country’s National Statistics Institute, one in every five women suffered domestic physical violence “frequently or from time to time” during the year and 31 percent of women ages 15-49 reported experiencing domestic violence at some point in their lives.

Other Harmful Traditional Practices: There were anecdotal reports that some communities abused women and children due to accusations they practiced witchcraft. The Ministry of Culture and the National Institute for Children (INAC) had educational initiatives and emergency programs to assist children accused of witchcraft.

Sexual Harassment: Sexual harassment was common and not illegal. It may be prosecuted, however, under assault and battery and defamation statutes.

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

Discrimination: Under the constitution and law, women enjoy the same rights and legal status as men. The government, however, did not enforce the law effectively as societal discrimination against women remained a problem, particularly in rural areas. Customary law prevailed over civil law, particularly in rural areas, and at times had a negative impact on a woman’s legal right to inherit property.

The law provides for equal pay for equal work, although women generally held low-level positions.

The Ministry of Social Assistance, Family, and Promotion of Women led an interministerial government information campaign on women’s rights and domestic abuse, and hosted national, provincial, and municipal workshops and training sessions.

Children

Birth Registration: Citizenship is derived by birth within the country or from one’s parents. The government does not register all births immediately, and activists reported many urban and rural children remained undocumented. During the year the government continued programs to improve the rate of birth registration through on-site registries collocated in maternity hospitals in five provinces and the training of midwives in rural areas to complete temporary registration documents for subsequent government conversion into official birth certificates.

Education: Education is tuition-free and compulsory for documented children through the sixth grade, but students often faced significant additional expenses such as books or fees paid to education officials. When parents were unable to pay the fees, their children were often unable to attend school.

There were reports that parents, especially in more rural areas, were more likely to send boys to school rather than girls. According to UNESCO, enrollment rates were higher for boys than for girls, especially at the secondary level.

Child Abuse: Child abuse was widespread. Reports of physical abuse within the family were commonplace, and local officials largely tolerated abuse. A 2012 law significantly improved the legal framework protecting children, but problems remained in its implementation and enforcement.

Early and Forced Marriage: The legal age for marriage with parental consent is 15 for girls and 16 for boys. The government did not enforce this restriction effectively, and the traditional age of marriage in lower income groups coincided with the onset of puberty.

Sexual Exploitation of Children: All forms of prostitution, including child prostitution, are illegal. Police did not actively enforce laws against prostitution, and local NGOs expressed concern regarding child prostitution. The law does not prohibit the use, procurement, offering, and financial benefit of a child for the production of pornography and pornographic performances. The law does not criminally prohibit either the distribution or the possession of child pornography. On September 19, the Internet Watch Foundation (IWF), the Association for the Reintegration of Children and Youth in Social Life (SCARJoV), a local NGO, and INAC launched a digital public platform to allow anonymous reporting of images and videos of child pornography and sexual abuse. SCARJoV and IWF explained that experts based in the United Kingdom would scrutinize the video and images, remove them from the internet, and refer suspected cases of abuse to local law enforcement.

Sexual relations between an adult and a child younger than 12 are considered rape, and conviction carries a potential penalty of eight to 12 years’ imprisonment. Sexual relations with a child between the ages of 12 and 17 are considered sexual abuse, and convicted offenders may receive sentences from two to eight years in prison. The legal age for consensual sex is 18. Limited investigative resources and an inadequate judicial system prevented prosecution of most cases. There were reports of prosecutions during the year.

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

Anti-Semitism

There is a Jewish community of approximately 500 persons, primarily resident Israelis. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, but the government did not effectively enforce these prohibitions. The constitution grants persons with disabilities full rights without restriction and calls on the government to adopt national policies to prevent, treat, rehabilitate, and integrate persons with disabilities to support their families; remove obstacles to their mobility; educate society regarding disability; and encourage learning and training opportunities for persons with disabilities. In 2016 the Law of Accessibilities entered into force, requiring changes to public buildings, transportation, and communications to increase accessibility for persons with disabilities, but civil society organizations and persons with disabilities reported the government failed to enforce the law and significant barriers to access remained.

On April 22, the Platform for Inclusion, an activist group for persons with disabilities, held a protest in Luanda to raise awareness of discrimination against persons with disabilities. Police, however, intercepted and forbade demonstrators in wheelchairs from using placards and continuing on the planned route. According to Amnesty International, police subjected the protesters to violence. A member of the Platform for Inclusion, Adao Ramos, criticized the government for failing to implement the Law of Accessibilities and provide adequate protection for persons with disabilities. According to police, they halted the protest because the Platform for Inclusion did not comply with the legal requirement to inform authorities 72 hours in advance of a protest.

Persons with disabilities included more than 80,000 survivors of land mines and other explosive remnants of war. The NGO Handicap International estimated that as many as 500,000 persons had disabilities. Because of limited government resources and uneven availability, only 30 percent of such persons were able to take advantage of state-provided services such as physical rehabilitation, schooling, training, or counseling.

Persons with disabilities found it difficult to access public or private facilities, and it was difficult for such persons to find employment or participate in the education system. Women with disabilities were reported to be vulnerable to sexual abuse and abandonment when pregnant. The Ministry of Social Assistance, Families, and Women’s Promotion sought to address problems facing persons with disabilities, including veterans with disabilities, and several government entities supported programs to assist individuals disabled by landmine incidents.

On August 23, the National Association of University Students with Disabilities (ANEUD) filed a complaint with the PGR alleging discrimination against students with disabilities in violation of the law. Micael Daniel, the president of ANEUD, stated the Ministry of Education failed to reserve the required 4 percent of university public education slots for persons with special needs during an open competition for university slots. At year’s end the PGR continued to investigate the case.

Indigenous People

The constitution does not specifically refer to the rights of indigenous persons, and no specific law protects their rights and ecosystems. The estimated 14,000 San lacked adequate access to basic government services, including medical care, education, and identification cards, according to a credible NGO. The government permitted businesses and well-connected elites to take traditional land from the San.

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

The constitution prohibits all forms of discrimination but does not specifically address sexual orientation or gender identity. Local NGOs reported that lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals faced violence, discrimination, and harassment. The government, through its health agencies, instituted a series of initiatives to decrease discrimination against LGBTI individuals. During the year the government formally registered Association Iris Angola, the country’s first LGBTI rights NGO. Also during the year, one of the former president’s children announced publicly that he was gay.

Discrimination against LGBTI individuals was rarely reported, and when reported, LGBTI individuals asserted that sometimes police refused to register their grievances. The association continued to collaborate with the Ministry of Health and the National Institute to Fight HIV/AIDS to improve access to health services and sexual education for the LGBTI community.

HIV and AIDS Social Stigma

Discrimination against those with HIV/AIDS is illegal, but lack of enforcement allowed employers to discriminate against persons with the condition or disease. There were no news reports of violence against persons with HIV/AIDS. Reports from local and international health NGOs suggested discrimination against individuals with HIV/AIDS was common. The government’s National Institute to Fight HIV/AIDS includes sensitivity and antidiscrimination training for its employees when they are testing and counseling HIV patients.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, except members of the armed forces and police, to form and join independent unions. To establish a trade union, at least 30 percent of workers in an economic sector in a province must follow a registration process and obtain authorization from government officials. The law provides for the right to collective bargaining except in the civil service. The law prohibits strikes by members of the armed forces, police, prosecutors and magistrates of the PGR, prison staff, fire fighters, public-sector employees providing “essential services,” and oil workers.

While the law allows unions to conduct their activities without government interference, it also places some restrictions on their ability to strike. Before engaging in a strike, workers must make a good-faith effort to negotiate their grievances with their employer. Should they fail to negotiate, the government may deny the right to strike. The government may intervene in labor disputes that affect national security and energy sectors. Essential services are broadly defined, including the transport sector, communications, waste management and treatment, and fuel distribution. In exceptional circumstances involving national interests, authorities have the power to requisition workers in the essential services sector. Collective labor disputes are to be settled through compulsory arbitration by the Ministry of Public Administration, Employment, and Social Security. The law does not prohibit employer retribution against strikers, and it permits the government to force workers back to work for “breaches of worker discipline” or participation in unauthorized strikes. Nonetheless, the law prohibits antiunion discrimination and stipulates that worker complaints should be adjudicated in the labor court. The Ministry of Public Administration, Employment, and Social Security had a hotline for workers who believed their rights had been violated. By law employers are required to reinstate workers who have been dismissed for union activities. There were no known cases of retribution against strikers during the year.

The government generally did not effectively enforce applicable labor laws. Labor courts functioned but were overburdened by a backlog of cases and inadequate resources. The law provides for penalties for violations of the labor code and labor contracts, but the penalties were not an effective deterrent due to the inefficient functioning of the courts.

Freedom of association and the right to collective bargaining were not generally respected. Government approval is required to form and join unions, which were hampered by membership and legalization issues. In September 2017 the president of the National Union of the Workers in Angola, Manuel Viage, stated that many foreign companies, primarily Chinese-owned, prohibited their workers from joining labor unions under threat of dismissal. Labor unions, independent of those run by the government, worked to increase their influence, but the ruling MPLA continued to dominate the labor movement due to historical connections between the party and labor, and also the superior financial base of the country’s largest labor union (which also constitutes the labor wing of the MPLA). The government is the country’s largest employer, and the Ministry of Public Administration, Employment, and Social Security mandated government worker wages with no negotiation with the unions.

In April the National Teachers’ Union began a six-day strike to demand higher salaries, step increases, and fewer work hours for primary and secondary schools. There were reports that some government administrators threatened teachers with disciplinary measures, including salary cuts, if they participated in the strike.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor.

The government did not effectively enforce the law due in part to an insufficient number of inspectors. Penalties for violations are the same as those for trafficking in persons, ranging from eight to 12 years in prison, and were insufficient to deter violations, primarily due to lack of enforcement.

Forced labor of men and women occurred in fisheries, agriculture, construction, domestic service, and artisanal diamond mining sectors, particularly in Lunda Norte and Lunda Sul Provinces. Migrant workers were subject to seizure of passports, threats, denial of food, and confinement. The government continued to make use of a training video for law enforcement and immigration officials that included a short segment on how to identify victims of trafficking, although this was not the sole objective of the film. INAC continued working to reduce the number of children traveling to agricultural areas in the country’s southern regions to work on farms, mostly through community outreach concerning the importance of an education. Forced child labor also occurred.

On July 24, the Union of Fisheries and Derivatives denounced the unfair labor practices of Guanda Pesca, a Chinese and Angolan-administered fishing company. Joaquim de Sousa, the secretary general of the union, harshly criticized the company’s poor operating condition and seven-day work week as akin to modern slavery and threatened to file a criminal complaint. Following the public allegations, Guanda Pesca representatives met with employees and agreed to improve working conditions and decrease working hours.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits children younger than age 14 from working. To obtain an employment contract, the law requires youth to submit evidence they are 14 years of age or older. Children could work from age 14 to 16 with parental permission or without parental consent if they are married and the work did not interfere with schooling or harm the physical, mental, and moral development of the minor. The law also allows orphan children who want to work to get official permission in the form of a letter from “an appropriate institution,” but it does not specify the type of institution. The Ministry of Public Administration, Employment, and Social Security; the Ministry of Social Assistance, Families, and Women’s Promotion; the Ministry of Interior; the Ministry of Labor; INAC; and the national police are the entities responsible for enforcement of child labor laws. On June 12, the Ministry of Labor launched the National Action Plan for the Eradication of Child Labor for 2018-2022, which aimed to map the most prevalent zones and types of child labor in the country to strengthen coordination of child labor investigations, prosecutions, and the imposition of criminal penalties. An interministerial commission to combat trafficking in persons was created in 2014 to coordinate enforcement actions. The government had difficulty monitoring the large informal sector, where most children worked.

Inspectors are authorized to conduct surprise inspections whenever they see fit. Penalties were generally sufficient to deter violations. Penalties for not signing a written contract for children age 14 and older is a fine of two to five times the median monthly salary offered by the company. Children older than age 14 who are employed as part of an apprenticeship are also required to have a written contract. The penalty on employers for not having this contract is three to six times the average monthly salary of the company. For children found to be working in jobs categorized as hazardous (which is illegal), the fines are five to 10 times the average monthly salary of the company. Nonpayment of any of these fines results in the accrual of additional fines.

The government did not consistently enforce the law. Child labor, especially in the informal sector, remained a problem. On June 19, INAC filed two complaints against four Chinese companies for violating labor laws and child protection statutes. The first complaint stated that a Chinese cement brick manufacturing company in the northwestern city of Saurimo hired underage children to manufacture bricks and load trucks and paid them very little compensation. At year’s end the case was before the Provincial Tribunal of Lunda Sul. The second INAC complaint was against three Chinese fishing companies–Famao-Lda, Fuhaui Atlantico, and Guanda Pesca-Benguela Province. INAC stated the companies recruited children between the ages of 14 and 17 without parental consent as required by law and employed them in poor conditions for little compensation. The investigation into the complaint was ongoing at year’s end. The Ministry of Public Administration, Employment, and Social Security had oversight of formal work sites in all 18 provinces, but it was unknown whether inspectors checked on the age of workers or conditions of work sites. If the ministry determined a business was using child labor, it transferred the case to the Ministry of Interior to investigate and possibly press charges. It was not known whether the government fined any businesses for using child labor. The Ministry of Public Administration, Employment, and Social Security, other government agencies, and labor unions implemented a national plan to limit child labor.

Children engaged in economic activities such as agricultural labor on family farms and commercial plantations–particularly in orchards–as well as in fishing, brick making, artisanal mining, charcoal production, domestic labor, and street vending. Exploitive labor practices included involvement in the sale, transport, and offloading of goods in ports and across border posts. Children were forced to act as couriers in the illegal cross-border trade with Namibia. Adult criminals sometimes used children for forced criminal activity, since the justice system prohibits youths younger than 12 from being tried in court.

Street work by children was common, especially in the provinces of Luanda, Benguela, Huambo, Huila, and Kwanza Sul. Investigators found children working in the streets of Luanda, but many returned during the weekends to some form of dwelling in Luanda or outlying cities. Most of these children shined shoes, washed cars, carried water and other goods, or engaged in other informal labor, but some resorted to petty crime and begging. Commercial sexual exploitation of children occurred as well.

The government, through INAC, worked to create, train, and strengthen child protection networks at the provincial and municipal levels in all 18 provinces. No central mechanism existed to track cases or provide statistics. The government also dedicated resources to the expansion of educational and livelihood opportunities for children and their families.

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

d. Discrimination with Respect to Employment and Occupation

The labor law prohibits discrimination in employment and occupation based on race, sex, religion, disability, or language, and the government in general effectively enforced the law in the formal sector. The constitution prohibits all forms of discrimination, although it does not specifically address political opinion, national origin, sexual orientation, or gender identity (see section 6). The law provides for equal pay for equal work, and many women held high-level positions in state-run industries and in the private sector or worked in the informal sector. There were no known prosecutions of official or private sector gender-based discrimination in employment or occupation. Women held ministerial posts.

The government did not effectively implement the law. Persons with disabilities found it difficult to gain access to public or private facilities, and it was difficult for such persons to participate in the education system and thus find employment. Reports during the year indicated that persons with albinism also experienced discrimination in employment and access to public services. There were no known prosecutions for discrimination in employment. Penalties were not sufficient to deter violations.

Discrimination against migrant workers also occurred.

e. Acceptable Conditions of Work

A minimum wage for the formal sector exists, and varies by sector. The minimum wage for the formal sector may be updated annually or when the government assesses economic conditions warrant. The minimum wage law does not cover workers in informal sectors, such as street vendors and subsistence farmers.

The standard workweek in the private sector is 44 hours, while in the public sector it is 37 hours. In both sectors the law mandates at least one unbroken period of 24 hours of rest per week. In the private sector, when employees engage in shift work or a variable weekly schedule, they may work up to 54 hours per week before the employer must pay overtime. In the formal sector, there is a prohibition on excessive compulsory overtime, defined as more than two hours a day, 40 hours a month, or 200 hours a year. The law also provides for paid annual holidays. By law employers must provide, at a minimum, a 50 percent of monthly salary bonus to employees each year in December and an annual vacation. Workweek standards were not enforced unless employees filed a formal complaint with the Ministry of Public Administration, Employment, and Social Security. Labor law protected foreign workers with permanent legal status or a temporary work visa.

The government effectively enforced the minimum wage law within the formal labor sector. An employer who violates the minimum wage law faces a penalty of between five and 10 times the applicable sector-specific minimum wage payable to the affected employee. Most workers in the informal sector were not covered by wage or occupational safety standards. An estimated 60 percent of the economy derived from the informal sector, and most wage earners held second jobs or depended on the agricultural or other informal sectors to augment their incomes.

A 2016 presidential decree established minimum employment standards for domestic workers, including national minimum wage protection, an eight-hour work day for domestic workers living outside of their employer’s home, a 10-hour work day for domestic workers living inside their employer’s home, compulsory employer contributions to a domestic worker’s social security protection, and maternity and holiday allowances. The Ministry of Public Administration, Employment, and Social Security is charged with implementing and enforcing the law. An insufficient number of adequately trained labor inspectors hampered enforcement efforts. Some companies received advance warning of impending labor inspections.

The labor law requires a safe work environment in all sectors of the economy. Employees have the right to remove themselves from hazardous working conditions and may file a formal complaint with the Ministry of Public Administration, Employment, and Social Security if employers insist they perform hazardous tasks. The government enforced occupational safety and health standards and investigated private company operations based on complaints made by NGOs and labor unions.

Haiti

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution guarantees freedom of expression and press. Government officials and private actors sometimes restricted this freedom.

Press and Media Freedom: There were isolated incidents of actions against journalists by national and local government officials. As a result, some independent media believed they were unable to criticize the government freely.

On March 14, Vladjimir Legagneur, an independent journalist, went missing after entering Grand-Ravine, a gang-controlled area of Port-au-Prince, to pursue a story about gang activities. Following his disappearance, journalists organized marches and called for a full investigation. On April 5, police announced two arrests in the case while waiting for results from forensic testing on “fresh” human remains found in the area where Legagneur was last seen. The results of the forensic exam were still pending as of October. As of September 15, the HNP had arrested four persons, including a schoolteacher in the area where Legagneur disappeared, in connection with the case.

Violence and Harassment: Some journalists were subjected to threats, harassment, and physical assault allegedly due to their reporting. In some instances government authorities participated in these acts.

On August 20, government officials alleged parliament had been attacked by persons with small arms fire and a grenade. Within a few days, however, various media establishments questioned the official narrative, since a preliminary investigation concluded the shots had likely come from inside the building. During the investigation tensions flared between police investigators and parliamentary security personnel, and the latter attempted to bar journalists from covering those exchanges by grabbing and blocking their cameras to prevent them from filming the incident. In the melee security agent Ernst Lee Raphael allegedly assaulted journalist Frantz Cineus of Television Pacific and damaged a camera. The presidents of both chambers of parliament publicly apologized after the initial events, and Raphael was fired. Following the incident, several journalists noted what they described as constant threats from security agents at the parliament who blamed journalists for the public’s negative perception of parliament.

Censorship or Content Restrictions: There were few allegations of censorship by the government. In March the National Telecommunications Board closed 10 radio stations accused of operating without a license. One such station, Radio Planete, alleged the decision was politically motivated, since one of their journalists hosted a show critical of the government handling of Petro Caribe financing (see section 4). The telecommunications board’s president denied the accusations and reiterated his determination to combat “pirate” stations.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authorization. Socioeconomic and infrastructure hurdles contributed to the dominance of radio and, to a lesser extent, television, over the internet.

According to the International Telecommunication Union, approximately 12 percent of citizens used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

In May an NGO focused on rights for lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons said it was barred from hosting a panel discussion on LGBTI issues at the Cap-Haitian State University campus, a government university, even though payment had been accepted for the event.

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedom of assembly, and the government generally respected this right. There were several instances when police used force to impose order during demonstrations. Citizens must apply for a permit to hold legal demonstrations. Although impromptu political demonstrations in some instances provoked aggressive law enforcement responses, police generally responded to these protests in a professional and effective manner.

Following the July 6-7 protests against the government’s decision to increase fuel prices, Port-au-Prince prosecutor Dameus ordered the arrest of 64 individuals accused of looting. These individuals included three who were living on property owned by opposition senator Antonio Cheramy. Some members of the opposition called the arrests politically motivated and illegal because a prosecutor can arrest only individuals caught in the process committing a crime. Dameus denied the allegations of “political persecution” and stated the persons arrested were caught carrying numerous items that had been looted from various stores. The detainees were subsequently released.

c. Freedom of Religion

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

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with international and humanitarian organizations, as well as other countries, in providing protection and assistance to internally displaced persons (IDPs), refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

INTERNALLY DISPLACED PERSONS (IDPS)

Of all the IDP camps created following the 2010 earthquake, 3 percent remained. Nearly all IDPs were in the Port-au-Prince metropolitan area, although several hundred persons also remained displaced by Hurricane Matthew’s destruction of the country’s South Department in 2016. The International Organization for Migration (IOM) estimated that more than 37,500 individuals (more than 9,000 households) still resided in IDP camps as of September.

Although the IOM reported progress in the relocation of nearly all Hurricane Matthew IDPs, the rate of camp closures and relocation remained slow. According to a May estimate, 90 percent of those residing in the camps had limited or no access to basic hygiene and health services. IOM statistics showed that the overall post-2010 earthquake IDP population had decreased more than 97 percent from its peak in 2010.

MINUJUSTH’s police force presence in the country did not include a mobile team for IDP camp security patrols, which left the HNP to administer security in the remaining IDP camps. The IOM reported the HNP did not patrol IDP camps, but instead responded only in cases of emergency. Overall, there had not been a stable security force presence in the IDP camps since the departure of MINUSTAH forces in late 2017, although IDP camp residents formed committees to monitor their communities at night and to address cases of gender-based violence. The IOM reported that IDPs liaised directly with the HNP during emergencies.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of refugee status or asylum through Haitian missions or consulates abroad. Third-country nationals can also petition for asylum through the local office of the UN High Commissioner for Refugees (UNHCR). According to the UNHCR representative, there were fewer than 20 such cases in process.

STATELESS PERSONS

A lack of coordination between the various ministries that administer the dysfunctional civil registry system and weak consular capacity made obtaining documentation difficult for individuals living inside or outside the country. Due to these systemic deficiencies, many Haitians living abroad without other citizenship or permanent residency were effectively stateless or at risk of statelessness in their country of residence. Undocumented persons of Haitian descent continued to face difficulties in establishing their legal residency or citizenship in countries such as the Dominican Republic and the Bahamas, which occasionally resulted in the deportation or spontaneous return of individuals with a claim to non-Haitian citizenship. Despite improved passport delivery domestically, obtaining nationality documents from the Haitian government remained particularly challenging for Haitian migrants living in the Dominican Republic (DR) seeking to participate in the DR’s migrant regularization plan.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations 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 cooperated in addressing the views of various human rights groups, although they disagreed at times on the scope of certain human rights problems and the most appropriate means of addressing human rights issues. The government generally consulted human rights groups, including the OPC, on legislative matters.

Government Human Rights Bodies: The OPC’s mandate is to investigate allegations of human rights abuse and work with international organizations, including MINUJUSTH, to implement programs to improve human rights. The OPC’s regional representatives implemented assistance programs throughout the country. Several civil society organizations commended the efforts of the OPC to engage the government and civil society organizations on human rights. Nonetheless, the OPC’s activities were restricted by its small budget, effectively limiting its ability to execute its mandate. As of September the government had not acted on any of the recommendations OPC had made.

During the 38th session of the Human Rights Council in July, the government announced the minister of justice and public security would be the government’s focal point person for human rights and was tasked with implementing human rights reforms. Following the confirmation of Prime Minister Jean Henry Ceant in September, however, former minister of social affairs and labor Stephanie Auguste was named minister delegate to the prime minister in charge of human rights and the fight against extreme poverty. In this role, Minister Delegate Auguste was to function as the government’s human rights focal point.

The Chamber of Deputies has a Justice, Human Rights, and Defense Commission, while the Senate has a Justice, Security, and Defense Commission that also covers human rights issues.

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

Women

Rape and Domestic Violence: While the law prohibits rape of men or women, it does not recognize spousal rape as a crime. The penalty for rape is a minimum of 10 years of forced labor. In the case of gang rape, the maximum penalty is lifelong forced labor. Actual sentences were often less rigorous. The criminal code excuses a husband who kills his wife or her partner found engaging in an act of adultery in his home, but a wife who kills her husband under similar circumstances is subject to prosecution.

The law does not classify domestic violence against adults as a distinct crime. Women’s rights groups and human rights organizations reported domestic violence against women remained commonplace. Judges often released suspects arrested for domestic violence and rape.

In February the OPC reported that the First Instance Court of Jeremie, the largest city and capital of Grand’Anse Department, released 16 of 29 individuals accused of rape. The prosecutor for Jeremie, Bergemane Sylvain, allegedly dropped charges against the accused with the justification that the victims had signed statements withdrawing their claims. The OPC criticized Sylvain’s decision, saying that the law does not allow for compromise in criminal matters and that the victim’s retraction cannot stop a prosecution. The accused remained free at year’s end.

Victims of rape and other forms of sexual violence faced major obstacles in seeking legal justice, as well as in accessing protective services, such as women’s shelters. Civil society organizations reported that while women were more likely to report cases of sexual and domestic violence than in the past, many victims failed to report such cases due to a lack of financial resources. Additionally, due to familial responsibilities, victims were usually unable to dedicate the time necessary to follow through with legal proceedings. According to some civil society organizations, many local nonprofit organizations that provided shelter, medical and psychological services, and legal assistance to victims had to reduce services due to a lack of funding.

On September 6, MINUJUSTH reported an increase in the number of sexual and gender-based violence cases investigated. They reported that between January and August, 149 cases were investigated, compared with 181 investigations in all of 2017. Nonetheless, there were reports that in rural areas, criminal cases, including cases of sexual violence, were settled out of court. According to MINUJUSTH, prosecutors often encouraged such settlements.

Sexual Harassment: The law does not specifically prohibit sexual harassment, although the labor code states that men and women have the same rights and obligations. Observers indicated sexual harassment occurred frequently.

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

Discrimination: The law does not provide for the same legal status and rights for women as for men. Women did not enjoy the same social and economic status as men, despite the constitutional amendments recognizing the principle of at least 30 percent women’s participation in national life and notably in public service.

By law men and women have equal protections for economic participation. In practice, however, women faced barriers to accessing economic inputs and securing collateral for credit, information on lending programs and resources.

Children

Birth Registration: Citizenship is derived through an individual’s parents; only one parent of either sex is necessary to transmit citizenship. Citizenship can also be acquired through a formal request to the Ministry of the Interior. The government did not register all births immediately. Birth registry is free until the age of two years. Approximately 30 percent of children between the ages of one and five lacked birth certificates or any other official documentation. Children born in rural communities were less likely to be documented than those in urban areas.

Education: Constitutional provisions require the government to provide free and compulsory education for all children up to grade nine (when students are approximately age 16); however, the government did not effectively enforce these provisions. Eight of 10 children who attended school did so at private, often religious institutions. The quality of those institutions varied widely because the government lacked the means to inspect them.

Child Abuse: The law prohibits domestic violence against minors. The government continued to lack sufficient resources and an adequate legal framework to support or enforce existing mechanisms to promote children’s rights and welfare fully, but it made some progress in institutionalizing protections for children.

The most recent study launched by the Ministry of Social Affairs and Labor, published in 2015, estimated there were 286,000 children working in indentured domestic servitude (referred to as restaveks), a form of trafficking in persons. Furthermore, restaveks were often victims of psychological, physical, and sexual abuse. The National Child Welfare Institute (IBESR), along with the HNP’s specialized Child Protection Bureau (BPM), were tasked with protecting the welfare of children. Their efforts were limited, however, by small budgets and inadequate personnel.

For more information, see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/ and the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/ .

Early and Forced Marriage: The legal age of marriage is 18 years. No data was available regarding early and forced marriage, but childhood and forced marriage was not a widespread custom.

Sexual Exploitation of Children: The minimum age for consensual sex is 18 years, and the law has special provisions for rapes of persons who are 16 years or younger. The law prohibits the corruption of youth under 21, including prostitution, with penalties ranging from six months to three years of imprisonment for offenders. The law prescribes prison sentences of seven to 15 years of imprisonment and a fine ranging from 200,000 to 1.5 million Haitian Gourdes (HTG) ($2,900 to $21,600). The penalty for human trafficking with aggravating circumstances, which includes cases involving the exploitation of children, is up to life imprisonment.

According to a September 6 MINUJUSTH report, the majority of reported victims of sexual violence were underage girls. There were some reported instances of boys being raped. Several civil society groups reported children living in impoverished conditions were often subjected to sexual exploitation and abuse. According to these groups, children were often forced into prostitution or lured into transactional sex to fund basic needs such as school related expenses. Recruitment of children for sexual exploitation and pornography is illegal, but the United Nations reported criminal gangs recruited children as young as 10 years of age.

On June 13, the government announced it had permanently banned international NGO Oxfam from operating in the country following allegations that Oxfam employees had engaged in sexual misconduct and abuse during the 2010 earthquake response. There were allegations that some of the victims may have been minor children.

Institutionalized Children: The IBESR has official responsibility for monitoring and accrediting the country’s orphanages and residential care centers. According to international NGO Lumos, an estimated 25,000 children lived in the more than 750 orphanages in the country. An estimated 80 percent of those children had at least one known parent who was alive. In October the IBESR announced that only 35 of the more than 750 orphanages it inspected were compliant with the minimum standards for child care. The IBESR attempted to close the most egregious orphanages but could only do so as quickly as they could find placement for the children. In 2017 government officials closed four abusive orphanages that housed 116 children and potentially involved trafficking and placed 51 children from those orphanages into foster care; the remainder were returned to their families. The government accredited 96 families for its newly developed foster care program to make children less vulnerable to trafficking or being revictimized. Local and international antitrafficking organizations noted, however, that the government had not provided appropriate resources to develop enough transitional centers or other temporary housing and care facilities.

There are different provisions for juvenile offenders. Children under 13 are not held responsible for their actions, and until age 16, they cannot be held in adult prisons or share their cells. Instead, juvenile offenders were placed in re-education centers with the objective of successful societal reinsertion. There were two rehabilitation centers, both in Port-au-Prince, called CERMICOL. As of August approximately 200 minors were in CERMICOL.

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

Anti-Semitism

The Jewish community numbered fewer than 100 persons, and there were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The constitution stipulates that persons with disabilities should have the means to provide for their autonomy, education, and independence. The law prohibits discrimination in employment practices against persons with disabilities, requires the government to integrate such persons into the state’s public services, and imposes a 2 percent quota for persons with disabilities in the workforces of private-sector companies. This quota was not met, as the government did not enforce these legal protections.

Local disabilities rights advocates stated that persons with disabilities faced significant obstacles to vote, as they had difficulty obtaining a national identification card, a requirement to vote, because the National Identification Office was inaccessible to persons with disabilities.

Individuals with disabilities faced significant social stigma because of their disability. Persons with mental or developmental disabilities were marginalized, neglected, and abused in society. The Office of the Secretary of State for the Integration of Handicapped Persons (BSEIPH), which falls under the Ministry of Social Affairs and Labor, is the lead government agency responsible for providing assistance to persons with disabilities and ensuring their civil, political, and social inclusion.

The BSEIPH had several departmental offices outside the capital, and it effectively lobbied the government to pass legislation to benefit persons with disabilities. Nonetheless, its efforts were constrained by a limited budget, and there was little progress to create of a strategic development plan to guide the institutions efforts. The BSEIPH provided persons with disabilities with legal advice and job counseling services. It regularly convened meetings with disabilities rights groups in all of its regional offices.

Some disabilities rights activists called the social services available to persons with disabilities inadequate, adding that access to quality medical care posed a significant challenge for persons with disabilities. Hospitals and clinics in Port-au-Prince did not have sufficient space, human resources, or public funds to treat such individuals.

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

No laws criminalize sexual orientation or consensual same-sex conduct between adults. There are no antidiscrimination laws to protect LGBTI persons from discrimination based on sexual orientation or gender identity.

There were no reports of police officers actively perpetrating or condoning violence against LGBTI individuals. Some LGBTI groups reported the HNP and judicial authorities were inconsistent in their willingness to document or investigate LGBTI persons’ claims of abuse. HNP academy instructors taught police officers to respect the rights of all civilians without exception. The curriculum specifically trained new officers on crimes commonly committed against the LGBTI community. As a result, some civil society leaders noticed a marked improvement in the efforts of the HNP’s Gender and Community Police Units to address the needs of the LGBTI community.

In August the office of an LGBTI rights organization was attacked by an individual shouting anti-LGBTI slogans. According to the organization, the attacker came to request financial assistance and when the organization refused, he attacked the office. The assailant returned the next day with other armed individuals to set fire to the office. The organization stated local police officers were slow to offer assistance and that at one point, an officer asserted there was no evidence of the alleged attack. The organization’s coordinator said he went to file a complaint with the local justice of the peace, who made anti-LGBTI remarks before referring him to the court clerk, who requested a bribe to begin the investigation.

Local attitudes remained hostile toward LGBTI individuals who were public and visible about their sexual orientation or gender identity and expression, particularly in Port-au-Prince. Some politicians, societal leaders, and organizations actively opposed the social integration of LGBTI persons and discussion of their rights. LGBTI advocacy groups in Port-au-Prince reported a greater sense of insecurity and less trust of government authorities than did groups in rural areas.

HIV and AIDS Social Stigma

According to a 2017 Center for Disease Control-sponsored stigma index, 57 percent of women and 54 percent of men said they would deny HIV-positive children entrance to schools with HIV-negative children, and 65 percent of women and 64 percent of men said they would not buy vegetables from persons with HIV.

Other Societal Violence or Discrimination

MINUJUSTH and numerous civil society organizations reported gang violence continued to increase, particularly in impoverished areas of Port-au-Prince such as Martissant and Grand-Ravine. MINUJUSTH reported that, between June and August, there were seven gang-related incidents reported, compared with three from the same period in 2017.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

Labor relations are established and regulated by a special provision of the 1961 labor code as revised in 1984. The code provides for the right of some workers, excluding public-sector employees, to form and join unions of their choice and strike, with restrictions. The code allows for collective bargaining and requires employers to conclude a collective contract with a union if that union represents two-thirds of the workers and requests a contract. Strikes are legal provided they are approved by at least one-third of a company’s workers. The code prohibits firing workers based on union activities, and employers are subject to a monetary fine for each individual violation. The code does not, however, require employers to reinstate workers illegally fired for union activity, although illegally fired workers have the right to recoup any compensation to which they are entitled.

The code places several restrictions on workers’ rights. It requires that any union obtain prior authorization from the government to be recognized. The code limits legal strikes to four types: striking while remaining at post, striking without abandoning the institution, walking out and abandoning the institution, and striking in solidarity with another strike. Public utility service workers and public-sector enterprise workers may not strike. The code defines public utility service employees as essential workers who “cannot suspend their activities without causing serious harm to public health and security.” A 48-hour notice period is compulsory for all strikes, and strikes may not exceed one day. Some groups were able to strike despite these restrictions by being present at their workplace but refusing to work. Furthermore, the law allows for compulsory arbitration at the request of only one party to halt a strike. The code does not cover freelance workers or workers in the informal economy.

The government made efforts to enforce labor laws, although its efforts were not fully effective. Government officials, unions, and factory-level affiliates also continued to expand their dialogue. Labor courts, which function under the supervision of the Ministry of Social Affairs and Labor, are responsible for adjudicating private-sector workplace conflicts. There is one labor court in Port-au-Prince. Outside of Port-au-Prince, plaintiffs have the legal option to use municipal courts for labor disputes. The code requires ministry mediation before filing cases with the labor court. In the case of a labor dispute, the ministry conducts an investigation to determine the nature and causes of the matter and facilitate a resolution. In the absence of a mutually agreed-upon resolution, the matter is referred to court.

During the year the labor ombudsperson for the apparel sector and the Ministry of Social Affairs and Labor provided mediation services to workers and employers in Port-au-Prince, Caracol Industrial Park, and Ouanaminthe. Due to limited capacity and procedural delays in forwarding cases from the Ministry of Social Affairs and Labor to the courts, the mediation services of the apparel sector’s labor ombudsperson and the conciliation services of the ministry were often the only official recourse for workers’ grievances regarding better pay and working conditions. The labor ombudsperson intervened to improve relationships between employers, workers, and trade union organizations, either upon formal request by workers, unions, or employers’ representatives, or based on observations by the International Labor Organization’s (ILO) Better Work Haiti (BWH) program. The Office of the Ombudsperson used different methods, including telephone conversations, exchange meetings, factory visits and meetings, and advisory support.

The penalty under the code for interference with union activities is 1,000 to 3,000 HTG ($14.40 to $43.20). The fines were not sufficient to deter violations, and authorities did not impose or collect them. During the year the government required some factories to remedy labor violations, including violations related to freedom of association.

Antiunion discrimination persisted, although to a lesser extent than in previous years. Workers continued to report acts of suspension, termination, and other retaliation by employers on the grounds of legitimate trade union activities, membership, collective action, and other associational activity.

There were strikes and other work stoppages in the apparel sector during the year, including disruptions in several facilities in Port-au-Prince and the North and Northeast departments as workers launched demonstrations prior to and following the announcement of the new minimum wage in October.

The ILO and International Finance Corporation’s BWH program noted incidents of employer interference in union activity.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor; however, the government did not effectively enforce the law in all sectors of the economy. The labor ombudsperson, however, did not record any instances of intimidation or employer abuse. Penalties for violations of forced labor laws range from 1,000 to 3,000 HTG ($14.40 to $43.20) but were insufficient to deter violations.

There were reports that forced or compulsory labor occurred, specifically, instances of forced labor among child domestics, or restaveks (see section 7.c.). Children in the following situations were vulnerable to forced labor: private and NGO-sponsored residential care centers; workers in construction, agriculture, fisheries, domestic work, and street vending; IDPs, including those displaced by Hurricane Matthew and the 2010 earthquake; members of female-headed, single-parent, or large families; and LGBTI youth often left homeless and stigmatized by their families and society (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment in industrial, agricultural, or commercial companies is 15 years. The minimum age for work outside of these three sectors is 14, although children 12 and older may work for up to three hours per day outside of school hours in family enterprises, under supervision from the Ministry of Social Affairs and Labor. The law allows children age 14 to be contracted apprentices; children 14 to 16 may not work as apprentices more than 25 hours a week. A September 2017 amendment to the labor code stated that it is illegal to employ children under the age of 16; however, it was unclear whether this provision would supersede the older statues that create the sectoral exceptions mentioned above.

The law prohibits young persons and children from performing any work that is likely to be hazardous; interferes with their education; or is harmful to their physical, mental, spiritual, moral, or social health and development, including the use of children in criminal activities. The law also prohibits minors from working under dangerous or hazardous conditions, such as mining, construction, or sanitation services, and it prohibits night work in industrial enterprises for minors under 18. The September 2017 amendment doubles penalties for employing underage children at night. Prohibitions related to hazardous work, however, omit major economic sectors, including agriculture. No apparel factories were reported noncompliant with respect to child labor during the year. A report by the ILO’s BWH for the period of October 2017 to October 2018, however, found two cases of noncompliance for child labor because two factories failed to request proper identification for some workers during the hiring process.

There are no legal penalties for employing children in domestic labor. The law requires employers to pay domestic workers over age 15, thereby allowing employers of domestic workers to use “food and shelter” as a means of unregulated compensation for those under 15.

Persons between the ages of 15 and 18 seeking employment must obtain a work authorization from the Ministry of Social Affairs and Labor unless they are employed in domestic service. The labor code provides for penalties for failure to follow procedures, such as obtaining work authorization to employ minors between 15 and 18 legally, but it does not provide penalties for the employment of underage children. The limited penalties of between 3,000 and 5,000 HTG ($43 to $72) were not sufficient deterrents to protect children against labor exploitation.

The Ministry of Social Affairs and Labor, through the IBESR, is responsible for enforcing child labor laws. While enduring resource constraints hindered the IBESR’s ability to conduct effective child labor investigations, the IBESR and the BPM responded to reports of abuse in homes and orphanages where children worked. The government does not report on investigations into child labor law violations or the penalties imposed. Although the government and international donors allocated supplemental funds for the IBESR to acquire a new administrative space and hire more staff, the IBESR continued to lack sufficient social protection programs and effective legislation to eliminate the worst forms of child labor.

New members were appointed to the National Tripartite Committee against Child Labor, which included civil society actors, unions, and employers to address the issue of child labor and discuss the challenges associated with implementing new laws on child labor. As of September the committee had failed to meet due to lack of cohesion among labor union representatives.

The BPM is responsible for investigating crimes against children and referred exploited and abused children to the IBESR and partner NGOs for social services. Although the BPM has the authority to respond to allegations of abuse and apprehend persons reported as exploiters of child domestic workers, the BPM did not pursue restavek cases for investigation because there are no legal penalties it could impose on those who exploited children in these cases. A law with specific protections for child trafficking victims does not exist.

Children under age 15 commonly worked in the informal sector to supplement family income. Activities and sectors in which children worked included domestic work, subsistence agriculture, and street trades, such as selling goods, washing cars, serving as porters in public markets and bus stations, and begging. Children also worked with parents on small family farms, although the high unemployment rate among adults kept significant numbers of children from employment on commercial farms.

The worst forms of child labor, including forced child labor, continued to be problematic and endemic–particularly in domestic service. Exploitation of restaveks typically included families forcing them to work excessive hours on physically demanding tasks without commensurate pay or adequate food, refusing to provide an education, and subjecting them to physical or sexual abuse. Girls were often placed in domestic servitude in private urban homes by parents who were unable to provide for them, while boys more frequently were exploited for labor on farms. Restaveks who did not run away from families usually remained with them until the age of 14. Many families forced restaveks to leave before age 15 to avoid paying them wages as required by law. Others ignored the law, often with impunity.

Working on the streets exposed children to a variety of hazards, including severe weather, vehicle accidents, and crime. Abandoned and runaway restaveks constituted a significant proportion of the population of children living on the street, many of whom criminal gangs exploited in prostitution or street crime, while others became street vendors or beggars.

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

d. Discrimination with Respect to Employment and Occupation

The constitution provides for freedom of work for all citizens and prohibits discrimination based on sex, origin, religion, opinion, or marital status. For public-sector employment, the constitution sets a minimum quota of 30 percent for women. The labor code does not define employment discrimination, although it sets out specific provisions with respect to the rights and obligations of foreigners and women such as the conditions to obtain a work permit, foreign worker quotas, and provisions related to maternity leave. The law does not prohibit discrimination based on disability, language, sexual orientation or gender identity, social status, or HIV-positive status.

The government took some steps to enforce the laws through administrative methods, such as through the Ministry of Women’s Conditions and the BSEIPH. In the private sector, several work areas, which had been predominantly male oriented, began employing female workers at the same pay scale, including the public transportation and construction industries. Despite these improvements, discrimination related to gender remained a major concern, although there was no governmental assessment or report of work abuses. During the BWH’s most recent assessment of 28 factories between October 2017 and October, one case of noncompliance related to gender discrimination was identified. The factory where the case occurred took immediate action following the assessment to terminate the harassers. The BWH reported improvement in addressing sexual harassment, although this remained an issue of concern in the industry.

e. Acceptable Conditions of Work

The law provides for a national minimum wage. The Superior Wage Council published new minimum wage levels on October 8. The current daily minimum wage for all sectors ranges from 215 HTG ($3.00) per day for domestic workers to 500 HTG ($7.20) per day in certain professions, including finance, telecommunications, and private educational institutions. In the apparel export sector, the minimum daily wage was set at 420 HTG ($6.00). At 215 HTG, the national minimum wage for domestic workers was slightly above the official poverty income level.

In September 2017 the parliament passed a new law that organizes and regulates work over a 24-hour period divided into three 8-hour shifts known as the (3*8 law). This law set the standard workday at eight hours and the workweek at 48 hours for industrial, commercial, agricultural, and tourist establishments as well as for public and private utilities. The 3*8 law repealed numerous provisions of the labor code, including those that covered working time, overtime payment, weekly rest day, and certain paid annual holidays. According to the ombudsman for industrial affairs, the 3*8 law did not cause any major shift in the labor market and needed additional government circulars to guarantee its implementation.

The law establishes minimum health and safety regulations and requires certain provisions in regards to workers’ health and safety, including quotas for onsite nurses per factory, permanent medical services, and annual medical checks. The law allows workers to notify the employer of any defect or situation that may endanger their health or safety and to call on the ministry or police if the employer fails to make the necessary ameliorations. Occupational safety and health standards are appropriate for the main industries, but these standards were not always enforced.

Although the law charges the ministry with enforcement of a range of labor-related issues, legislation on wage and hour requirements, standard workweek, premium pay for overtime, and occupational safety and health was not effectively enforced. Penalties were not sufficient to deter violations, and authorities often did not impose them. The penalty for not applying the occupational safety and health provisions of the labor code is 200 to 2,000 HTG ($2.90 to $29) or up to three months in prison. The penalty for violating the minimum wage or hours of work provisions of the labor code ranges from 1,000 to 3,000 HTG ($14.40 to $43.20). There were no prosecutions for the individuals accused of violating the minimum wage or hours of work.

The ministry’s capacity to enforce the labor provisions in national and international law was limited by human resource and other constraints. Labor inspections in the capital and elsewhere faced challenges that included a lack of funding, questionable professionalism, and lack of support from law enforcement.

There were some reports of noncompliance with overtime provisions in apparel factories.

Most citizens worked in the informal sector and subsistence agriculture, for which minimum wage legislation does not apply. There continued to be reports of noncompliance regarding compensation, paid leave, social security and other benefits, contracts, health services and first aid, and worker protection in the industrial and assembly sectors.

Noncompliance with safety and health standards remained a major concern. The ILO BWH program continued to report nearly all factories failed to provide the legally required number of medical facilities and staff. Other noncompliance issues included unsafe storage of chemical and hazardous materials, lack of adequate training regarding handling of chemical and hazardous materials, and lack of protective equipment or safety warning signs.

The ILO BWH program also reported cases where several workers exposed to work-related hazards failed to receive free annual exams. By law the exams are the responsibility of the Office of Labor Insurance, Maternity, and Accident (OFATMA). While some factories began conducting medical checks-up independently, OFATMA continued efforts to increase its capacities and continued performing medical checks at a number of factories. The ILO Better Work Haiti program continued to work with factories, and OFATMA to improve compliance with this requirement.

No group collected formal data, but unions alleged job-related injuries occurred frequently in the construction and public-works sectors.

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